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Agenda and minutes
Venue: Town Hall, Queen's Square, Priory Meadow, Hastings TN34 1QR
Contact: Michael Courts on 01424 451764 email mcourts@hastings.gov.uk
Items No. Item Cabinet members thanked Neil Dart, who would be retiring as Director of Corporate Resources, for his excellent service and advice to the council.
Declarations of Interest
Minutes:
The following councillors declared an interest in the minutes:
Councillor
Minute Number
Interest
Chowney
76 – Proposed Discretionary Selective Licensing Scheme for Private Rented Homes in Hastings
Prejudicial – he owns a tenanted property in the town
Forward
76 – Proposed Discretionary Selective Licensing Scheme for Private Rented Homes in Hastings
Prejudicial – she owns a tenanted property in the town
Hodges
76 – Proposed Discretionary Selective Licensing Scheme for Private Rented Homes in Hastings
Prejudicial – he is a trustee of Magdalen and Lasher charity
Poole
76 – Proposed Discretionary Selective Licensing Scheme for Private Rented Homes in Hastings
78 – Leisure Facilities Strategy Refresh
Prejudicial – she is a trustee of Magdalen and Lasher charity
Personal – she is a Director of the Combe Valley Countryside park Community Interest Company
Pragnell
78 – Leisure Facilities Strategy Refresh
Personal – he is a Director of the Combe Valley Countryside park Community Interest Company
Minutes of the meeting held on 2 March 2015 PDF 54 KB
Minutes:
RESOLVED that the minutes of the meeting held on 2 March 2015 be approved and signed by the chair as a correct record
RESOLVED the chair called over the items on the agenda, under rule 13.3 the recommendations set out in minute numbers 79 and 81 were agreed without being called for discussion
MATTERS FOR CABINET DECISION
Review of the Hastings Houses in Multiple Occupation Additional Licensing Scheme PDF 122 KB
(Cabinet Decision)
Additional documents:
Minutes:
The Head of Housing and Development presented a report on the review of the additional houses in multiple occupation (HMO). Under the existing scheme, which was introduced in September 2011, landlords and freeholders of HMOs in Gensing, Castle, Braybrooke and Central St Leonards wards were required to licence their properties with the council. The scheme lasts for five years, unless revoked earlier.
Since the scheme was launched, 507 properties in the four wards had been licensed. Under the Housing Act 2004, the council was required to review the scheme against its original objectives. If a scheme failed to meet its targets then it may be revoked early. The report set out progress against the objectives and continued success of the scheme in ensuring HMOs met the standards required by legislation, and recommended a further exit review is carried out in the final year of the scheme.
Councillor Forward moved approval of the recommendations to the report, which was seconded by Councillor Cartwright.
RESOLVED (unanimously) that the success of the scheme is acknowledged and a further exit review is carried out in the final year of the scheme
The reason for this decision was:
The review demonstrates that licensing is working and achieving against the original objectives. However, it is clear that more work is needed and therefore the review sets objectives for the scheme going forward and recommends that a further exit review is carried out in the final year of the scheme.
Proposed Discretionary Selective Licensing Scheme for Private Rented Homes in Hastings PDF 321 KB
(Cabinet Decision)
Additional documents:
- Annexe 1 - Proposed Selective Licensing Scheme for Hastings and St Leonards Anti-Social Behaviour - Mapping , item 76. PDF 10 MB
- Appendix 1 - Proposed Selective Licensing Scheme for Hastings and St Leonards , item 76. PDF 3 MB
- Appendix 2 - Licensing the Private Rented Sector in Hastings - Consultation Report , item 76. PDF 2 MB
- Hastings Borough Council - Designation of an Area for Selective Licensing 2015 , item 76. PDF 572 KB
- Supplementary addition to the Cabinet report dated the 30 March 2015 - Charities , item 76. PDF 45 KB
- There are a further 2 documents.View the full list of documents for item 76.
Minutes:
Councillors Chowney and Forward, having declared a prejudicial interest in this item, left the chamber while the matter was discussed.
The Head of Housing and Development presented a report on the proposed designation of a selective licensing scheme for private rented homes in seven wards around the borough. Under the Housing Act 2004, local authorities had powers to introduce an additional licensing scheme, which required all privately rented properties within a defined area to be licensed with the council. The approach was in keeping with the targets set out in the council’s housing strategy to improve housing standards and management arrangements of privately rented properties and to tackle anti-social behaviour.
The seven wards selected in the borough; Braybrooke, Castle, Central St Leonards, Gensing, Old Hastings, Ore and Tressell, had above average levels of privately rented dwellings. The council’s findings indicated that areas with a high density of private rented dwellings often had higher levels of anti-social behaviour. The designation would come into effect from 26 October 2015, for a period of five years.
The license for private rented properties in the seven wards included conditions in respect of the standard of accommodation, how the property is to be managed and the tenancy arrangements. Landlords would also be required to prove that they were a fit and proper person to hold the licence.
The proposed scheme had been subject to a public consultation between 20 October 2014 and 5 January 2015. The results of the consultation indicated that many residents supported the introduction of such a scheme; however, opposition had been received from many private landlords, managing agents, letting agents and landlords associations. Following the results of the consultation, a number of revisions were made to the council’s proposals on selective licensing for example reducing the number of wards and reducing the level of fees. Discussion took place regarding the police report on anti-social behaviour, the legal implications of which are detailed in pages 21 and 22 of the supplementary agenda reports pack.
Discussion took place regarding the proposed fee structure for the scheme. Members were mindful of the additional legal implications to the report, regarding the dispensation of the fee for local charities. The legal implications are available to view on page 19 to 20 of the supplementary agenda reports pack.
Councillor Birch moved approval of the recommendations to the report, which was seconded by Councillor Cartwright.
Members voted on recommendation numbers 1, 2, 3, 4, 5, 6 and 8, as detailed below. Councillors Hodges and Poole, having declared a prejudicial interest in recommendation number 7, left the chamber during the vote on this item.
RESOLVED (by 4 votes for, 2 against) that:
1. all privately rented dwellings in Braybrooke, Castle, Central St Leonards, Gensing, Old Hastings, Ore and Tressell wards are designated as subject to selective licensing under section 80(6) of the Housing Act 2004 on the grounds of persistent or significant anti-social behaviour associated from the private rented sector.
2. officers are instructed to urgently ... view the full minutes text for item 76.
Management Response to the Overview and Scrutiny review of Outsourced Contracts PDF 114 KB
(Cabinet Decision)
Additional documents:
- Appendix 1 - Final Report - Outsourced Contracts , item 77. PDF 157 KB
- Appendix A - Significant Contracts Schedule , item 77. PDF 87 KB
- Appendix B - East Sussex Procurment Hub Work Programme 2014-15 , item 77. PDF 213 KB
Minutes:
The Director of Corporate Resources presented a management response to a recent report on the Overview and Scrutiny review of outsourced contracts.
Councillor Roberts, as chair of the review, presented the recommendations to Cabinet. He explained that the review had originally been set up to examine whether the council was achieving best value from its procurement process, and the procedure for monitoring outsourced services.
East Sussex Procurement Hub had brought the review team up to date on the council’s procurement arrangements and examples of good practice, particularly regarding achieving social value from outsourced services. The review team also considered the impact of recent reforms to procurement legislation. Members investigated potential barriers to engaging with a broad range of business through the procurement process, and how these obstacles might be overcome in the future.
Councillor Cartwright moved approval of the recommendations the report, which was seconded by Councillor Hodges.
RESOLVED (unanimously) that –
1) The review team be thanked for their report
2) The three recommendations in the report be agreed
The reason for this decision was:
To ensure that the review findings and recommendations are reported and will be followed up.
Leisure Facilities Strategy Refresh PDF 114 KB
(Cabinet Decision)
Additional documents:
- Appendix 1 - Hastings Leisure Facilities Strategy Refresh (2015-2020) , item 78. PDF 16 MB
- Appendix 2 - Hastings Leisure Facilities Strategy - Appendices , item 78. PDF 2 MB
Minutes:
The Leisure Development Manager presented a report on the refreshed Hastings leisure facilities strategy.
In 2008, Hastings Borough Council, Rother District Council, East Sussex County Council and Sport England had commissioned a leisure facilities strategy for Hastings and Rother between 2009 and 2020. The strategy was key to future leisure facility development, as part of the council’s broader aim to encourage a healthy lifestyle.
It was necessary to review and refresh the recommendations contained within the strategy against short tern changes in leisure facility supply and demand information. An updated audit of local facilities had been carried out, using a Sport England model to measure whether existing facilities were capable of meeting local demand. The refreshed recommendations highlighted where a current surplus or deficit of a particular type of facility. A consultation had also been undertaken with a range of national governing bodies, local facilities and clubs.
The Leisure Development Manager said that the strategy would be revised to include the Combe Valley Countryside Park.
Rother District Council planned to commission an update of their assessments and recommendations in 2015/16.
Councillor Poole moved approval of the recommendations to the report, which was seconded by Councillor Chowney.
RESOLVED (unanimously) that: -
1) The contents of the refreshed strategy be agreed, and;
2) The proposed recommendations and actions be agreed
The reason for this decision was:
The council and its partners are committed to the implementation of the Hastings and Rother leisure facilities strategy (2009 – 2020). The original assessments are now considered to be out of date. The refreshed version includes up-to-date recommendations for Hastings, which are founded on new assessments and stakeholder consultation.
Contracting Out Part VII Housing Act 1996 Functions PDF 121 KB
(Cabinet Decision)
Minutes:
The Chief Legal Officer submitted a report to ensure the validity of decisions carried out by Independent Reviews Limited (IRL) or any other contractor.
In January 2008, the Head of Housing had signed an agreement with IRL to carry out part VII Housing Act 1996 on behalf of the council. Part VII of the act applies to S202 review investigations and decisions. Due to changes in personnel at the council, it had not been possible to verify whether Cabinet gave executive authority in January 2008 for these arrangements. It was therefore necessary for Cabinet give approval to contract out the function and ratify the decisions taken since January 2008.
RESOLVED that –
1) Cabinet confirm the contracting out of a part VII Housing Act 1996 (as amended) function namely S202 review investigations and decisions by (IRL) or any other contractor, and;
2) Cabinet retrospectively ratify any S202 review decisions carried out by (IRL) from January 2008
The reason for this decision was:
The council need to be able to resist any challenge to the contracting out of S202 Housing Act 1996 (as amended) decision with IRL (or any other contractor). The council need to retrospectively ratify any decisions carried out by IRL from January 2008.
Minutes of the meeting of Museums Committee held on 16 March 2015 PDF 75 KB
Minutes:
The minutes of the meeting of Museums Committee held on 16 March 2015 were submitted.
RESOLVED that the minutes of the Museums Committee meeting held on 16 March 2015 be received
EXCLUSION OF THE PUBLIC
RESOLVED that the public are excluded from the meeting during the consideration of items of business listed below because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 3 of schedule 12A to the Local Government Act 192 referred to in the relevant report.
4 Stanier Road
(Cabinet Decision)
Minutes:
The Head of Finance submitted a report which sought approval to settle the rent review of 4 Stanier Road.
RESOLVED that the rent review be settled for the amount specified in the Head of Finance’s report
The reason for this decision was:
This will be increased revenue income to the council.
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