Agenda and minutes

Full Council - Tuesday, 21st January, 2014 2.00 pm

Venue: Council Chamber - The Guildhall, Portsmouth. View directions

Contact: Stewart Agland  Email: stewart.agland@portsmouthcc.gov.uk

Items
No. Item

1.

Members' Interests

Minutes:

Councillor Michael Hancock and Councillor Jacqui Hancock declared a Code of Conduct interest in notice of motion 9(b) and said they would leave the chamber for this item.

 

Councillor Andrewes declared a personal, non-prejudicial interest in agenda item 9(b) and confirmed that he had received advice that his interest was non-prejudicial.

 

Councillor Alistair Thompson declared a non pecuniary interest in notice of motion 9(a) as he works through his company for one of the leading drug and alcohol charities in the country.

 

2.

Minutes of the Council Meeting held on 10 December 2013 pdf icon PDF 71 KB

Minutes:

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Donna Jones

 

That the minutes of the meeting held on 10 December 2013 be approved as a correct record and this was agreed.

 

RESOLVED that the minutes of the meeting held on 10 December 2013 be confirmed and signed as a correct record.

 

3.

Communications and Apologies

Minutes:

Apologies for absence were received from Councillors Eleanor Scott, Jim Patey, Leo Madden, Les Stevens and Ken Ellcome.

 

The Lord Mayor said that the Cabinet has given the go ahead for Portsmouth to be the first city to take the National Numeracy Challenge and said that more information would  be available in due course.

 

4.

Deputations from the Public under Standing Order No 24(b)(vi)

Minutes:

There were no deputations.

5.

Questions from the Public under Standing Order 25

Minutes:

There were no questions from the public under Standing Order 25.

6.

Appointments

Minutes:

There were no appointments.

7.

Urgent Business - To receive and consider any urgent and important business from Members of the Cabinet in accordance with Standing Order No 26

Minutes:

There was no urgent business.

8.

Special Urgency Decision

Minutes:

RESOLVED that council noted a special urgency decision under section 17.3 of the Constitution regarding the Leaders portfolio decision Highways PFI Material Damage Policy taken under exempt business on 23 December 2013.  (Published in the Members' Information Service on 3rd January 2014).

 

9.

Notices of Motion

(a)          Fixed Odds Betting Terminals

 

Proposed by Councillor Aiden Gray

Seconded by Councillor John Ferrett

 

"The city Council to note the prevalent use of category B2 gaming machines, known as Fixed Odds Betting Terminals (FOBTs), in large sections of betting shops across Portsmouth, that unlike gaming machines in use across public houses, with a maximum stake is £1, bingo halls where maximum stakes are limited to £2, gamblers can bet up to £100 every 20 seconds on FOBTs to win a jackpot of £500 using debit cards which is over four times faster than the rate of play in many casinos.

 

Further to this the City council also notes that nationally 80% of turnover in betting shops is from these FOBTs, where only 20% is from "over-the-counter betting" on horse racing & sports.

 

The City Council also notes a recent economic analysis that was undertaken by Landman Economics, which was commissioned by the Campaign for Fairer Gambling. This was to assess the impact of the growth in FOBT spending on local economies and across the wider consumer economy. The report highlights that an increase of FOBT spend produces a net reduction of 13,000 jobs and that the projected doubling of FOBT revenue by 2023 could destroy 22,000 jobs. The report also highlights the negative impact of the increase in new betting shops and relocation of betting shops onto primary retail sites is having on the wider retail economy.

 

Furthermore the City Council notes that the last government made a mistake in allowing this to be introduced & the lack of the current central Government action to address the issues that have been caused by FOBTs, also the announcement made by the Secretary of State for Culture, Media and Sport, Maria Miller MP in the Triennial Review on Gambling (10 October 2013) to not introduce regulations reducing maximum stakes, maximum jackpots or the speed of play. The City Council also notes the contrast of position in the Republic of Ireland where their Government introduced legislation to outlaw FOBTs in betting shops.

 

In the absence of Government action the City council notes the innovative work other local authorities are doing to reduce the impact of FOBTs on communities, examples include;

 

1)            14 councils led by the London Borough of Hackney putting together a proposal under the Sustainable Communities Act for betting shops to have a specific and separate user class ensuring every planning application will be subject to the local authority’s individual planning policy to allow local circumstances to be taken into account.

 

2)            The London Borough of Lambeth is considering introducing a local bye-law to reduce maximum stakes to £2 per spin and reduce speed of play.

 

3)            The London Borough of Barking and Dagenham consulting on a draft Supplementary Planning Document and Article 4 Direction to withdraw permitted development rights for change of use of A3 (restaurants and cafes), A4 (drinking establishments) and A5 (hot food takeaways) to betting offices (class A2 use) in order to create or maintain mixed communities and to protect local amenity and the wellbeing of the area

 

The city council believes that the Government should introduce legislation to prohibit FOBTs in betting shops or to give local authorities the powers to protect the local amenity and wellbeing of communities by stopping the proliferation of betting shops, slowing down the speed of play and reducing maximum stakes of FOBTs.

 

The City Council to request;

 

1)            The Leader of the council and the Chief Executive will write to the Secretary of State for Culture, Media and Sport to outline the terms of this motion and request urgent action against FOBTs by central Government.

 

2)            While recognising that interventions taken by other local authorities may or may not be applicable routes to address the situation in Portsmouth, with other measures that could be explored, the City Council requests the Licensing Committee consider the appropriate steps that could be taken within existing powers in Portsmouth to help reduce problems caused by FOBTs in the absence of any further Government action.

 

3)            The Cabinet Member for Planning Regeneration and Economic development with the Chief Executive to write to the Secretary of State for Communities and Local Government stressing the need for a separate use class for betting shops".

 

(b)          Pascoe Report

 

Proposed by Councillor John Ferrett

Seconded by Councillor Luke Stubbs

 

"This council notes with concern the recent public disclosure in the Guardian newspaper of a hitherto confidential investigation report into a complaint made against an elected member. This disclosure followed the decision of the Governance, Audit and Standards Hearing Sub-Committee of the 15 November 2013 to defer a decision on the complaint until civil proceedings on the same matter had been concluded.

 

The printing of excerpts from the report has led to a great deal of debate, conjecture and innuendo. It has also led to public demands for the disclosure of the full report.

 

This Council believes it is now in the interest of all concerned, including the member who is subject to the complaint, to disclose the Pascoe report to the public. A failure to do so could result in the report being released and disseminated in an uncontrolled fashion, thus causing continuing damage to the reputation of the member and, indeed, this Council. Therefore, the Council resolves to instruct the Monitoring Officer to reconsider whether, or not, the Pascoe Report can now be disclosed to the public".

 

(A cover note from the City Solicitor is to follow)

Minutes:

The Lord Mayor advised that there were two notices of motion before council today.

 

(a)          Fixed Odds Betting Terminals

 

It was

 

Proposed by Councillor Aiden Gray

Seconded by Councillor John Ferrett

 

That the notice of motion set out at agenda item 9(a) be debated today.  Upon being put to the vote this was CARRIED.

 

It was

 

Proposed by Councillor Aiden Gray

Seconded by Councillor John Ferrett

 

That the notice of motion set out agenda item 9(a) be adopted by council.

 

Following debate upon the notice of motion standing in the name of Councillor Aiden Gray being put to the vote, this was CARRIED.

 

RESOLVED that notice of motion (a) as set out below be adopted.

 

"The City Council to note the prevalent use of category B2 gaming machines, known as Fixed Odds Betting Terminals (FOBTs), in large sections of betting shops across Portsmouth, that unlike gaming machines in use across public houses, with a maximum stake is £1, bingo halls where maximum stakes are limited to £2, gamblers can bet up to £100 every 20 seconds on FOBTs to win a jackpot of £500 using debit cards which is over four times faster than the rate of play in many casinos.

 

Further to this the City council also notes that nationally 80% of turnover in betting shops is from these FOBTs, where only 20% is from "over-the-counter betting" on horse racing & sports.

 

The City Council also notes a recent economic analysis that was undertaken by Landman Economics, which was commissioned by the Campaign for Fairer Gambling. This was to assess the impact of the growth in FOBT spending on local economies and across the wider consumer economy. The report highlights that an increase of FOBT spend produces a net reduction of 13,000 jobs and that the projected doubling of FOBT revenue by 2023 could destroy 22,000 jobs. The report also highlights the negative impact of the increase in new betting shops and relocation of betting shops onto primary retail sites is having on the wider retail economy.

 

Furthermore the City Council notes that the last government made a mistake in allowing this to be introduced & the lack of the current central Government action to address the issues that have been caused by FOBTs, also the announcement made by the Secretary of State for Culture, Media and Sport, Maria Miller MP in the Triennial Review on Gambling (10 October 2013) to not introduce regulations reducing maximum stakes, maximum jackpots or the speed of play. The City Council also notes the contrast of position in the Republic of Ireland where their Government introduced legislation to outlaw FOBTs in betting shops.

 

In the absence of Government action the City council notes the innovative work other local authorities are doing to reduce the impact of FOBTs on communities, examples include;

 

1)            14 councils led by the London Borough of Hackney putting together a proposal under the Sustainable Communities Act for betting shops to have a specific and separate user class ensuring every planning application will be subject to the local authority’s individual planning policy to allow local circumstances to be taken into account.

 

2)            The London Borough of Lambeth is considering introducing a local bye-law to reduce maximum stakes to £2 per spin and reduce speed of play.

 

3)            The London Borough of Barking and Dagenham consulting on a draft Supplementary Planning Document and Article 4 Direction to withdraw permitted development rights for change of use of A3 (restaurants and cafes), A4 (drinking establishments) and A5 (hot food takeaways) to betting offices (class A2 use) in order to create or maintain mixed communities and to protect local amenity and the wellbeing of the area

 

The city council believes that the Government should introduce legislation to prohibit FOBTs in betting shops or to give local authorities the powers to protect the local amenity and wellbeing of communities by stopping the proliferation of betting shops, slowing down the speed of play and reducing maximum stakes of FOBTs.

 

The City Council to request;

 

1)            The Leader of the council and the Chief Executive will write to the Secretary of State for Culture, Media and Sport to outline the terms of this motion and request urgent action against FOBTs by central Government.

 

2)            While recognising that interventions taken by other local authorities may or may not be applicable routes to address the situation in Portsmouth, with other measures that could be explored, the City Council requests the Licensing Committee consider the appropriate steps that could be taken within existing powers in Portsmouth to help reduce problems caused by FOBTs in the absence of any further Government action.

 

The Cabinet Member for Planning Regeneration and Economic development with the Chief Executive to write to the Secretary of State for Communities and Local Government stressing the need for a separate use class for betting shops".

 

(b)          It was

 

Proposed by Councillor John Ferrett

Seconded by Councillor Luke Stubbs

 

That the notice of motion set out at agenda item 9(b) be debated today.

 

A recorded vote was requested by eight members standing concerning whether notice of motion (b) should be debated today.

 

The following members were in favour of debating the matter today

 

Councillors   Margaret Adair

Rob New

Michael Andrewes

Mike Park

Simon Bosher

Darron Phillips

Peter Eddis

Will Purvis

John Ferrett

Darren Sanders

Ken Ferrett

Phil Smith

Margaret Foster

Caroline Scott

David Fuller

Sandra Stockdale

Aiden Gray

Luke Stubbs

Terry Hall

Alistair Thompson

David Horne

Gerald Vernon-Jackson

Lee Hunt

Steve Wemyss

Frank Jonas

Matthew Winnington

Donna Jones

Rob Wood

Hugh Mason

Steven Wylie

Lee Mason

Neill Young

 

There were no votes against the proposition.

 

There were no abstentions.

 

RESOLVED that notice of motion (b) be debated today.

 

It was

 

Proposed by Councillor John Ferrett

Seconded by Councillor Luke Stubbs

 

That the notice of motion be adopted by council.

 

There followed a debate during which the Leader of the Council, Councillor Gerald Vernon-Jackson read out in full a briefing note from the City Solicitor dated 16 January 2014.

 

In the course of the debate, the City Solicitor was asked to consider whether Standing Order 22 had been breached by any member.  The City Solicitor undertook to listen to the audio tape and consider this matter after the meeting.

 

A recorded vote was requested by eight members standing. 

 

Upon being put to the vote the following members voted in favour of adopting notice of motion (b).

 

Councillors   John Ferrett

Robert New

Ken Ferrett

Mike Park

Aiden Gray

Luke Stubbs

David Horne

Alistair Thompson

Donna Jones

Steve Wemyss

Lee Mason

Neill Young

 

The following members voted against adopting notice of motion (b)

 

Councillors   Margaret Adair

Darron Phillips

Michael Andrewes

Will Purvis

Simon Bosher

Darren Sanders

Peter Eddis

Phil Smith

Jason Fazackarley

Caroline Scott

Margaret Foster

Sandra Stockdale

David Fuller

Gerald Vernon-Jackson

Terry Hall

Matthew Winnington

Lee Hunt

Rob Wood

Hugh Mason

Steven Wylie

 

The following member abstained

 

Councillor Frank Jonas

 

 

RESOLVED that notice of motion (b) be not adopted.

 

10.

Questions from Members under Standing Order No 17 pdf icon PDF 139 KB

Minutes:

There were five questions under Standing Order 17.

 

Question No 1 was from Councillor Donna Jones.

 

"Can the Cabinet Member for Environment & Community Safety confirm how many complaints have been made to PCC re toilet closures?"

 

This and supplementary questions were answered by the Leader of the Council, Councillor Gerald Vernon-Jackson.

 

Question No 2 was from Councillor Steve Wemyss asking

 

"Can Section 106 funds or CIL contributions be used for revenue purposes?"

 

This and supplementary questions were answered by the Cabinet Member for Resources, Councillor Hugh Mason.

 

Question No 3 was from Councillor Luke Stubbs asking

 

"What steps is the council proposing to take to minimise the problems caused by flooding both now and in future years?"

 

This and supplementary questions were answered by the Cabinet Member for Resources, Councillor Hugh Mason.

 

Question No 4 was from Councillor Aiden Gray asking

 

"At the T&T Executive decision meeting on 19th December he rejected all the proposals to raise income by introducing new on street parking charges. The accompanying report said in paragraph 7.4, "Any changes to these recommendations will reduce the services ability to meet its income target and to meet the on-going commitments to the off street parking reserve. Other measures would be needed to replace those set out in the TRO" What other measures does he propose?"

 

This was answered by the Cabinet Member for Traffic & Transportation, Councillor Jason Fazackarley.

 

Question No 5 was from Councillor Luke Stubbs asking

 

"Should political leaflets and similar online publications be included as news sources by the council’s media monitoring operation?"

 

This was answered by the Leader of the Council, Councillor Gerald Vernon-Jackson.