Decisions

The committee the following recommendations:

(1)   The current structure of 5 scrutiny committees to remain in place, with a further scrutiny review to be conduced by the scrutiny chairs in late 2024/early 2025 following any potential service restructure.

(2)  The scrutiny manager is tasked with preparing a revised and improved scrutiny report template, which enables clearer and more concise presentation of reports, a standard consistency of reports across all 5 scrutiny committees, a clearer link between committee recommendations onto the Executive/Executive Member(s) and ensuring service areas clearly demonstrate where scrutiny is able to add value.

(3)  That all 5 scrutiny committees adopt a consistent approach to dealing with information only items, in order that agendas are kept clear for items with specific recommendations and the opportunity for the committees to add value.

(4)  To bolster the links between all 5 scrutiny committees and the Executive by ensuring clear communication between the parties and encourage increased opportunities for committee chairs to update the Executive on areas of focus and present any recommendations/proposals the committee have agreed. Also for the Democratic Services team to establish a central record of all formal scrutiny recommendations and the responses to them.

(5)  The scrutiny manager to liaise with the 5 Group Leaders in advance of the AGM Council meeting (My 2024) in order to provide detailed attendance information on each of the Committee’s membership, to ensure committee membership reflects maximum engagement and consistency.

(6)  The scrutiny manager to liaise with the 5 Group Leaders to ensure a consistent, timely and wherever possible consistent approach to scrutiny substitutes.

(7)   To continue with the monthly meetings of the 5 Scrutiny Chairs, Vice Chairs and scrutiny manager.

(8)  To support the continuation of a dedicated scrutiny resource from the Democratic Services team as per para 3.5, to allow for more effective and efficient scrutiny and increase scrutiny opportunities, whilst ensuring resilience within the officer cohort.

The committee also agreed an additional recommendation for the report to be put forward to the Executive for their views before a final report to Full Council.

The committee noted the report and made a number of suggestions and amendments to the Terms of Reference for the Local Community Networks. It was also agreed that a Task and Finish Group will be set up, led by councillor Hobhouse and 4 or 5 councillors from this committee.

The committee noted the Forward Plan but requested that the Transformation project be scheduled for each meeting to ensure that the committee are kept up to date on the various elements.  It was also suggested that the following areas should also be included in the Forward Plan:

·       Procurement

·       Asset Management

·       ICT projects – both current and future

On the evidence before it, having considered all the circumstances, the Sub- Committeegrants theapplication for aPremises Licenceas appliedfor together with the conditions that the applicant has offered up through the Operating Schedule in SectionM of theapplication, withthe exceptionthat conditions 6and 7will bereplaced bya new condition -

A Noise ManagementPlan will becreated bythe applicantand approved by the Council and should include matters that are set out in the proposed condition 6 and 7.

RESOLVED:

That planning application - 23/03015/S73 to vary the requirements of Condition 10 of Approval 17/03029/OUT (Inspectorate ref: APP/R3325/W/18/3197690) for the Outline planning application for up to 130 dwellings with public open space, landscaping, sustainable drainage system (SuDS) and vehicular access point from Woodhayes Way, so that (save for works in respect of clearance, laying out and digging works as shown on plan ref 501-403-01-Planning Approval Commencement Works_Sheet 1-Rev C) no development should take place until a scheme for pedestrian improvements (in accordance with points i to iii) or an alternative scheme has been submitted to and approved in writing by the local planning authority. (The remainder of the condition will remain as previously worded and the section 73 will relate to the Outline application (17/03029/OUT Inspectorate ref: APP/R3325/W/18/3197690) and subsequently approved Reserved Matters Ref: 21/03369/REM in its entirety) - be REFUSED permission, contrary to the officer recommendation, for the following reason:

1. The proposal would lead to increased congestion within the village, resulting in conflict between larger vehicles and between vehicles and pedestrians which would not improve overall pedestrian safety; would fail to secure inclusive, safe and convenient access on foot, cycle, and by public and private transport that addresses the needs for all; and would not maximise the potential for sustainable transport. As such, the proposal would be contrary to Policy TA5 of the South Somerset Local Plan (2006-2028) and relevant guidance within the NPPF to promote sustainable transport, in particular paragraphs 115 and 116.

(voting : unanimous)

Motion A - Plight of the Ukrainian People

Councillor Mark Healey proposed the recommendations which were seconded by Councillor Henry Hobhouse.

Having been duly proposed and seconded, the Council RESOLVED to:

·       Note that as a result of the ongoing conflict over 1 million Ukrainians had been forced to leave the country fleeing the conflict, and that many of those people who had remained in the country were facing a humanitarian crisis.

·       Stand in solidarity with Ukraine and the Ukrainian people against Putin’s illegal invasion along with their friends and relatives here in Somerset.

·       Note Somersets proud record of supporting refugees fleeing from Afghanistan, Syria and many other conflicts, helping them to settle in Somerset.

Full Council therefore would:

·       Continue to provide support locally to Ukrainian refugees, working in collaboration with the local voluntary and community sector.

·       Call on Government to continue to provide essential aid to Ukraine by sending a letter to the Prime Minister from the Chair of Council.

Supplemental Note in relation to Motion B:

On 23 April 2024, Somerset Council voted on a motion in respect of a commercial investment property it owns at 600 Aztec West.  That motion included a statement that “the tenant Elbit UK [is] a major UK based provider of weapons to the Israeli Defence Forces, used in the current Gaza catastrophe“.

Elbit Systems UK Limited have contacted us to say this is factually incorrect and they do not supply weapons or military equipment to the Israeli Defence Forces or the Israeli Ministry of Defence.

The Council would like to apologise and withdraw the statement that Elbit Systems UK Limited supplies military equipment to the Israeli Defence Forces or the Israeli Ministry of Defence.

Motion B - Council Property Investment

Councillor Brian Smedley proposed the recommendations which were seconded by Councillor Shane Collins.

Having been duly proposed and seconded, the Council RESOLVED to:

·       Note, that in the light of calls for an end of UK Arms sales to Israel, Somerset Council had been reviewing its interest in the Aztec West property in its commercial portfolio with a view to immediately disposing of the property or securing a means to legally evict the tenant Elbit UK, a major UK based provider of weapons to the Israeli Defence Forces, used in the current Gaza catastrophe.

·       Explore all ways of legally evicting Elbit UK or otherwise, to dispose of the property;

·       Ensure that moral and ethical considerations are fully appraised in addition to financial advantage in any future commercial property investments for yield.

Councillor Sarah Wakefield proposed the recommendations which were seconded by Councillor Sue Osborne.

Having been duly proposed and seconded, the Council RESOLVED to confirm to extend the arrangement for Niki Shaw, Strategic Manager, Quality, Performance, Policy and Assurance, to provide continued emergency cover to the post of Service Director Strategy, Transformation and Performance, with effect from 1 April 2024 for a temporary period until 30 November 2024 or until a formal restructure decision is made on this post, whichever is sooner.

Councillor Liz Leyshon proposed the recommendations which were seconded by Councillor Bill Revans.

Having been duly proposed and seconded, the Council RESOLVED to approve the Medium-Term Financial Strategy (MTFS) for 2025/26 to 2029/30 and the savings targets for 2025/26. 

At the Executive Meeting held on 8 April 2024, the Executive further agreed:

·       That the Council continued with the aim of avoiding a section 114 notice by taking all of the necessary actions and continuing to operate as if one had been issued. 

·       To receive an updated Medium-Term Financial Plan in September 2024 which sets out the latest forecasts of future service costs, income and funding from 2025/26 to 2029/30. 

·       To continue actively campaigning for the reform of funding of councils and greater local freedoms. 

·       That the Financial Control Boards continued to operate in 2024/25 as set out in Appendix 3.  

Resolved that the Constitution and Governance Committee considered the review of Part B and the proposed amendments set out in Appendices 2 and 3 for recommendation to the Council’s Annual General Meeting on 22 May 2024.

Resolved that the Constitution and Governance Committee noted the work programme.

Resolved that the Constitution and Governance Committee noted the update.

Resolved that the Constitution and Governance Committee were asked to note the report and recommend it to Full Council in May.

Resolved that the Constitution and Governance Committee:-

1)     provided a delegation to the Monitoring Officer in consultation with the Chair of the Constitution and Governance Committee to make any further suggested changes to the Financial Regulations arising as a result of the debate to form part of their recommendation to Full Council; and

2)    noted the report and agreed to recommend that Annual Council adopt the Financial Regulations set out in Appendix 1 with immediate effect.

Resolved that the Constitution and Governance Committee was asked to:

1)     Review the proposed changes to Part I2 – Officer Scheme of Delegation set out in Appendix 1 and provide any comments or suggested amendments for the Monitoring Officer to make following the meeting in consultation with the Chair of the Committee; and

2)    Recommend the revised Part I2 – Officer Scheme of Delegation to the Council’s Annual General Meeting in May.

Resolved that the Constitution and Governance Committee was asked to:

1)     Review and comment on the proposed changes to the following parts of the Council’s Constitution:

               i.         Part D4 – Licensing and Regulatory Committee Terms of Reference

              ii.         Part D5 - Licensing and Sub-Committee Hearing Procedure

2)    Support the proposed changes from the Constitution Working Group – Licensing Committees and recommended them for approval by Full Council on 22 May 2024.

Resolved that the Constitution and Governance Committee was asked to:

1)     Review and comment on the proposed changes to the following parts of the Council’s Constitution:

               i.         Part D8 – Planning Committee Terms of Reference with an addition to 8.8f to accommodate deferrals from Parish and Town Councils where possible.

              ii.         Appendix 1 – Code of Good Practice for Planning

2)    Support the proposed changes from the Constitution Working Group – Planning Committees and recommended them for approval by Full Council on 22 May 2024.

Resolved that the Constitution and Governance Committee recommended to the Annual Council Meeting that the Council approves the changes to the Somerset Council Constitution Part C Council Procedural Rules as set out in Appendix 2.

TheProperty and Investments Executive Sub-Committee agreed: 

a.       The revised schedule of assets in Appendix A as being the revised scope of the Non-Treasury Commercial Asset Portfolio.Including the addition ofNorthgate Yard, Bridgwater, Aspen House, Bridgwater to the scheduleand the deletion of  88-92 Middle Street, Yeovil from the schedule. 

b.      To transfer the governance overview of the asset management of 88-92 Middle Street, Yeovil to the Asset Management Group 

c.       That this Executive Sub Committee tasks officers with the following:

i              That the Service Director - Strategic Asset Management write to Elbit UK requesting an urgent meeting to discuss and clarify the current and future use of their premises at Aztec West and report back to the next meeting of this Sub Committee following that meeting.

ii             That the Interim Head of Legal Services and the section 151Officer report  to the next meeting of this Sub Committee on the potential options available to the Council as landlord of the office building at 600 Aztec West in the light of the recent public concerns and protests and the risks and benefits attached to each of those options, including (a) the implications (if any) for the financial stability of Somerset Council and (b) the opinions of the Section 151 officer, the Monitoring Officer and the External Auditor.

The Property and Investments Executive Sub-Committee: 

a.   Considered the performance indicators for the asset management of the Commercial Investment Portfolio for Q4 2023/24: 

b.   Agreed to align future meeting dates to enable KPI updates to be completed prior to publication of meeting reports. 

c.   Considered the main risks to the programme set out under paragraph 10 below. 

No other items of business were raised for discussion.

The Board noted the report and agreed that a separate meeting to be held between Employer and Peninsula Pensions to further discuss the Strategy and proposed fines.

The Board noted the proposed Meeting Workplan 2024-2025 and made the following recommendations:

Ø  Communications Policy to be agreed at the June meeting,

Ø  Cyber Security report to come to June meeting,

Ø  Pension fund Annual Report – October 2024, this will also include election of the Chair and also proposed that a rolling programme of replacement of co-opted members as per the Terms of Reference as states 4 year tenure of membership.

Ø  Review of Strategy Statement for January 2025, to then go forward to the Committee in March 2025.

Ø  LGPS AGM and training needs assessment and this will include a report back from Councillor Hills from the LGPS conference – June 2024.

The Board noted the report and considered that the risk PF- Admin5 should be of a higher risk as concerns raised by the Board and the Pension Fund Committee.

The Board noted the items on the Pension Fund Committee papers from their meeting held on 15 March 2024.

Decision

After retiring to deliberate, the Sub-Committee returned and delivered their decision as below.

The application has been advertised in accordance with the legislation and any conditions need to be appropriate, necessary, and proportionate.

Responsible Authorities

The Sub-Committee noted that there had been no representations made by the Police and Environmental Health or any other as Responsible Authorities: that is organisations and bodies identified as such in the Act.

Consideration

Having considered the submissions, the Statutory Guidance and the Act, the Sub-Committee does not consider that this Application will undermine the licensing objectives. 

The Other Party was not present before the Sub-Committee and therefore not able to answer questions or elucidate on matters set out in their written representation. Accordingly given the above circumstances the Sub-Committee has had to allocate the appropriate weight to the Other Party’s representations.

Conclusion

On the evidence before it, having considered all the circumstances, the Sub-Committee grants the application for a variation to the Premises Licence as applied for together with the Conditions that the Applicant has offered up in section 16 of its application (agenda page 25).

Parties are reminded that there are rights of appeal against this the Licensing Authority’s decision pursuant to Section 181 of and Schedule 5 to the Licensing Act 2003.  An appeal may be made to any Magistrates’ Court in England and Wales, but it is expected that an appellant would bring an appeal to a Magistrates’ Court in the area in which they or the Premises are situated. In this case the Magistrates’ Court sitting at St. John’s Road, Taunton TA1 4AX.

Any appeal must be commenced within a period of 21 days beginning with the day on which the appellant is notified by the Licensing Authority of the decision which is being appealed i.e. within 21 days beginning with the day on which this Decision Notice is given to the appellant.

All parties are also reminded of the procedures contained within the Licensing Act 2003 relating to review of the Premises licence.  This provision permits nearby residents, businesses, or responsible authorities to apply for a review of a Premises licence where problems with crime and disorder, public safety, public nuisance, or the protection of children from harm are occurring. The Sub-Committee respectfully reminds all parties that for any review to go ahead, evidence would need to be collected of incidents occurring that undermine the licensing objectives.