Agenda item

a)    To receive the Minutes of the following Committees, to note the delegated decisions and to consider the adoption of those Unstarred Minutes which require approval:

·         Development Management and Licensing Committee

Meeting held on 18 September 2018:

DM&L 16   Adoption Of Procedures And Fees In Relation To The Animal Welfare (Licensing Of Activities Involving Animals) (England) Regulations 2018

That Council be RECOMMENDED:

1.   That the adoption of the discretionary powers contained within the Animal Welfare Act 2006, and the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, be adopted, and decisions in relation to the determination of licences and enforcement action be delegated to the Community of Practice Lead for Environmental Health and Licensing by 1 October 2018;

2.   That the Council’s Constitution be amended to reflect a new sub-committee structure to consider objections to conditions on an Animal Licence; and

3.  That having reviewed the proposed fees table, the fees and charges in relation to animal licensing as of 1 October 2018 be adopted.

b)Public Toilet Pay on Entry Contract Award

CM 32                                                                

The Mayor informed that he agreed for four items of urgent business to be raised for consideration at this meeting.

1.    To receive the minutes of the Development Management and Licensing Committee meeting held on 18 September 2018.

The Mayor advised that it was his intention for these minutes to be dealt with during consideration of agenda item 10(iii) below (Minute CM 34 c below refers).

2.    Public Toilet Pay on Entry Contract Award

The Council considered a report that sought to approve a recommendation to award the contract for the provision and installation of Public Toilet Pay on Entry equipment.

The lead Hub Committee Member for Commercial Services introduced the report and stressed that the process of consulting with those affected local town and parish councils was still to be completed.  It was noted that the Business Plan for this initiative would not be finalised until this exercise had been completed.

In the ensuing debate, reference was made to:-

a)    the importance of the contents of the Business Plan;

b)    the process.  Officers assured the Council that, in the event of the Council approving the recommendation, this would not commit the Council to anything beyond the award and all options would be left open pending the outcome of the dialogue with the local town and parish councils;

c)    an amendment was PROPOSED and SECONDED as follows:

‘That the Council approves, in principle, the recommendation to award the contract for the provision and installation of Public Toilet Pay on Entry Equipment to the highest scoring bidder (‘Bidder B’).’

In response to some Members expressing their confusion over the agenda report and the number of unknown elements contained within it, an amendment to include the words ‘in principle’ was felt to be appropriate by the proposer and seconder.

In opposition to the amendment, other Members felt that the amendment did not add anything to the recommendation.  In addition, the point was made that the details of the final Business Case would still be required to be presented back to Members.

When put to the vote, the amendment was declared LOST.

Having been moved by Cllr R F D Sampson, seconded by Cllr T G Pearce and, upon being submitted to the Meeting, it was declared to be CARRIED and “RESOLVED that:

1.     the Council approves the recommendation to award the contract for the provision and installation of Public Toilet Pay on Entry equipment to the highest scoring bidder (‘Bidder B’); and

2.     any changes considered necessary to the terms, or type of equipment used at each facility, be delegated to the Environment Services Community Of Practice Lead, in consultation with the lead Hub Committee Member for Commercial Services.”

3.       Tavistock BID Outside Body

The Mayor advised that the Council had received a formal request to nominate a representative to serve on the Tavistock BID Outside Body.  As a result, both Group Leaders had been invited to make their nominations to serve on this Body and Cllr Oxborough had subsequently been nominated.

It was then moved by Cllr P R Sanders, seconded by Cllr L Samuel and, upon being submitted to the Meeting, was declared to be CARRIED and “RESOLVED that Cllr R J Oxborough be nominated to serve on the Tavistock BID Outside Body for the remainder of the 2018/19 Municipal Year.”

4.     Question from Cllr R F D Sampson to Cllr P R Sanders

Finally, the Mayor informed that, whilst it had been received after the eight clear days deadline, he had exercised his discretion to permit the following question to be raised at this meeting:-

‘In the light of the discussion of the Planning Advisory Service’s (PAS) Review of West Devon Borough Council Development Management and Licensing (DM&L) Committee and draft Action Plan at the Informal Council Meeting on 3 September 2018, the Leader is asked, by immediate verbal reply, to:-

1.     Explain why an appointment to the Chairmanship of the DM&L Committee is not an Agenda Item today; and

2.     Advise the Council of the implications for the Council in the light of the comments in the PAS Review?’

Prior to responding to the question, Cllr Sanders expressed his frustration and disappointment at the means by which this matter had been raised.  Nonetheless, in addressing the question, Cllr Sanders made reference to:-

-       the role of Chairman on the Development Management and Licensing Committee not being vacant at this present time; and

-       there being no implications (to his knowledge) to the Council in light of the comments in the Review.  The risk to the Council of being ‘Designated’ was felt to remain at exactly the same level irrespective of the comments that were contained within the Review report.