Minutes of Meetings of Committees, Sub-Committees and Panels - Cycle 2
North Lanarkshire Council · 22 June 2023
Back to Council — 22 June 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
NORTH LANARKSHIRE COUNCIL Minutes of Meetings of the North Lanarkshire Council, Committees, Sub-Committees and Panels To Be Submitted to the Meeting of The North Lanarkshire Council to be held on THURSDAY, 22 JUNE 2023 The Symbol “C” appearing against any item of business indicates that that particular item is subject to consideration and disposal by the Council. All other items have been delegated in terms of the approved Scheme of Administration and are therefore submitted for information only.
Page 2
CONTENTS 1st Last Meeting Date Page Page Minutes of Previous Meetings North Lanarkshire Council 30 March 2023 3 7 Minutes of Meetings of Sub-Committees and Panels previously considered by the appropriate Committee Audit and Scrutiny Panel 16 February 2023 8 15 Joint Consultative Committee for Local Government Employees 21 March 2023 16 17 Minutes of Meetings of Committees for Approval Regulatory 4 April 2023 18 21 Planning 6 April 2023 22 23 Regulatory 18 April 2023 24 26 Communities 24 April 2023 27 30 Planning 27 April 2023 31 32 Regulatory 2 May 2023 33 35 Environment and Climate Change 3 May 2023 36 39 Wellbeing and Tackling Poverty 5 May 2023 40 42 Housing 10 May 2023 43 47 Enterprise and Fair Work 12 May 2023 48 53 Regulatory 16 May 2023 54 57 Adult Care and Social Work 16 May 2023 58 61 Education Children and Families 23 May 2023 62 67 Finance and Resources 24 May 2023 68 75 Planning 25 May 2023 76 77 Policy and Strategy 8 June 2023 78 83 Regulatory 13 June 2023 84 87 NORTH LANARKSHIRE COUNCIL
Page 3
NORTH LANARKSHIRE COUNCIL - 30 MARCH 2023 3 30 March 2023 at 4 pm. A Meeting of the NORTH LANARKSHIRE COUNCIL PRESENT Councillor Duffy, Provost; Councillor Burgess, Depute Provost; Councillors Ashraf, Ballinger, Barclay, Baudo, Beveridge, Boyd, Brannan-McVey, Brennan, Bustard, Cairns, Campbell, Carragher, Costello, M. Coyle, S. Coyle, Crichton, Currie, Di Mascio, Docherty, Duffy-Lawson, Dunbar, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Jones, Kelly, Keltie, Khan, Larson, Leckie, Lennon, Logue, Loughran, MacGregor, Magowan, Masterton, McBride, McCluskey, B. McCulloch, M. McCulloch, McKay, McKendrick, McLaren, McManus, McNally, McPake, McPhilemy, McVey, Mitchell, Nolan, Patton, Reddin, Roarty, Robb, Robinson, Shevlin, Smith, Stevenson, A. Stubbs, L. Stubbs, Sullivan, Thomas, Toner, Watson, Williams, Wilson and Woods. CHAIR Councillor Duffy (Provost) presided. IN ATTENDANCE Depute Chief Executive; Chief Officer, Health and Social Care; Chief Officer (Finance); Chief Officer (Legal and Democratic); Chief Officer (Strategic Communication and Engagement); Democratic Services Manager, and Principal Democratic Officer. APOLOGIES Councillors Fisher, McDade and Shields. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The Council noted that there were no declarations of interest. In terms of Standing Order 15, Councillor McKendrick moved the suspension of Standing Orders to allow an update to be provided by Officers on the current status in respect of the Early Years practitioners following the budget decision on 23 February 2023. The Monitoring Officer advised that a Motion to suspend Standing Orders to consider an additional item of business, which had been determined as non urgent in accordance with the Standing Orders, would be a contravention of paragraph 2(4) of Schedule 7 to the Local Government (Scotland) Act 1973. MINUTES OF MEETINGS OF COMMITTEES, SUB-COMMITTEES AND PANELS - CYCLE 1 2023 2. There was submitted the Volume of Minutes for meetings of Committees, Sub-Committees and Panels for Cycle 1, 2023 for approval in terms of Standing Order 21. Decided: that the Minutes of meetings of Committees, Sub-Committees and Panels for Cycle 1, 2023 be approved.
Page 4
NORTH LANARKSHIRE COUNCIL - 30 MARCH 2023 4 REMIT FROM THE EDUCATION, CHILDREN AND FAMILIES COMMITTEE HELD ON 28 FEBRUARY 2023 - APPOINTMENT OF REPRESENTATIVE OF THE CHURCH OF SCOTLAND 3. With reference to paragraph 2 of the Minute of the meeting of the Education, Children and Families Committee, when that Committee, having considered a report by the Chief Officer (Legal and Democratic) agreed that Ms. M. Clarkson be appointed as the Church of Scotland representative on the Education, Children and Families Committee, subject to approval by the Council, there was submitted the said report thereon. Decided: that Ms. M. Clarkson be appointed as the Church of Scotland representative on the Education, Children and Families Committee. REMIT FROM THE FINANCE AND RESOURCES COMMITTEE HELD ON 1 MARCH 2023 - TREASURY MANAGEMENT STRATEGY 2023/2024 - TREASURY MANAGEMENT AND PRUDENTIAL INDICATORS 2023/2024 TO 2025/2026 4. With reference to paragraph 5 of the Minute of the meeting of the Finance and Resources Committee held on 1 March 2023, when that Committee having considered a report by the Chief Officer (Finance), inter alia, endorsed the Treasury Management Strategy 2023/2024 and adopted the Treasury Management and Prudential Indicators for 2023/2024 to 2025/2026, subject to the approval of the Council, there was submitted the said report thereon. Decided: (1) that the Treasury Management Strategy 2023/2024 be approved and the Treasury Management and Prudential Indicators for 2023/2024 to 2025/2026, as set out in Appendix 1 to the report, be adopted, and (2) that the potential use of fiscal flexibilities as advised by the Scottish Government, subject to statutory guidance, in whole or in part in 2022/2023 and 2023/2024, with the implementation of such managed in line with the principles detailed within the Treasury Management Strategy 2023/2024, be acknowledged. MEMBERSHIP OF COMMITTEES, SUB-COMMITTEES, PANELS, WORKING GROUPS AND OUTSIDE BODIES 5. There was submitted a report by the Chief Officer (Legal and Democratic) setting out recommendations for appointment to Committees, Sub-Committees, Panels, Working Groups and Outside Bodies. Councillor Carragher, seconded by Councillor Sullivan, moved the appointment of Members to Committees, Sub-Committees, Panels, Working Groups and Outside Bodies as set out in the tabled document. Councillor Crichton, seconded by Councillor Di Mascio, moved as an Amendment that a further seven days be provided to Elected Members to allow changes to memberships to be submitted to Committees Services. Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called 9 Members voted for the Amendment as follows:- Councillors Baudo, Beveridge, Brennan, Crichton, Di Mascio, Hume, Lennon, McManus and Williams. 24 Members voted for the Motion, as follows:-
Page 5
NORTH LANARKSHIRE COUNCIL - 30 MARCH 2023 5 Councillors Ballinger, Barclay, Cairns, Carragher, Fotheringham, Goldie, Hughes, Jarvie, D Johnston, T. Johnston, Keltie, Larson, MacGregor, Magowan, Masterton, Mitchell, Robb, Robinson, Smith, A. Stubbs, L. Stubbs, Sullivan, Thomas and Toner. 38 Members Abstained, as follows:- Councillors Ashraf, Boyd, Brannan-McVey, Burgess, Bustard, Campbell, Costello, M. Coyle, S. Coyle, Currie, Docherty, Duffy, Duffy-Lawson, Dunbar, Jones, Kelly, Khan, Leckie, Logue, Loughran, McBride, B. McCulloch, M. McCulloch, McKay, McLaren, McNally, McPake, McPhilemy, McVey, Nolan, Patton, Reddin, Roarty, Shevlin, Stevenson, Watson, Wilson and Woods. 9 Members having voted for the Amendment, 24 Members having voted for the Motion and 38 Members having abstained, the Motion was accordingly declared carried. Decided: that the appointment of Members to Committees, Sub-Committees, Panels, Working Groups and Outside Bodies, as detailed in Appendix 1 to this Minute, be implemented. NOTICE OF MOTION BY COUNCILLOR WATSON AND COUNCILLOR LOGUE 6. There was submitted the following Motion in the names of Councillor Watson and Councillor Logue, notice of which appeared on the agenda, viz:- “North Lanarkshire Council agrees to Grant the Freedom of North Lanarkshire to the Royal Regiment of Scotland, at a date to be agreed in 2023.” Thereon, Councillor Watson, seconded by Councillor Logue, moved the terms of the Motion. The Motion to grant the Freedom of North Lanarkshire to The Royal Regiment of Scotland was passed by every Member in attendance and therefore in accordance with the statutory requirement, by more than two thirds of the Members present.. Decided: that the Royal Regiment of Scotland be granted the Freedom of North Lanarkshire at a date to be agreed in 2023. NOTICE OF MOTION BY COUNCILLOR A. STUBBS AND COUNCILLOR BRENNAN 7. There was submitted the following Motion in the names of Councillor A. Stubbs and Councillor Brennan, notice of which appeared on the agenda, viz:- “This Council agrees that Councillors’ surgeries should be advertised through the Council’s social media pages and a once monthly advert covering local Councillors’ surgery details in relevant local newspapers. The cost of advertising in newspapers in 2023/24, estimated at between £20,000 to £50,000 annually, should be met from the projected underspend in the 2022/23 Strategic Communication budget, with the decision on whether or not to continue newspaper adverts beyond March 2024, and any subsequent funding required for future years, to be reviewed as part of the normal budgetary process.” Thereon, Councillor A. Stubbs, seconded by Councillor Brennan, moved the terms of the Motion. Councillor Duffy-Lawson, seconded by Councillor McBride, moved as an Amendment:-
Page 6
NORTH LANARKSHIRE COUNCIL - 30 MARCH 2023 6 "Council recognises that, while the number of people wishing to attend councillor surgeries in person is likely to continue to decline, it is important that a number of techniques are deployed to publicise surgeries while getting best value for money. Council agrees that all surgery details will be publicised on the Council’s main social media channels and website. These posts will also contain councillors’ email addresses. In addition, posters advertising forthcoming surgery details will be placed in venues where surgeries are to take place. In recognition that more people are able to utilise online technology, officers will explore the best ways for Councillors to deliver surgeries online and will provide assistance to Councillors in using available technology to do so. These online surgeries will also be publicised on the Council’s main social media channels and website." Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called 36 Members voted for the Amendment, as follows:- Councillors Beveridge, Boyd, Brannan-McVey, Burgess, Bustard, Campbell, Costello, M. Coyle, S. Coyle, Currie, Docherty, Duffy, Duffy-Lawson, Dunbar, Jones, Kelly, Khan, Loughran, McBride, B. McCulloch, M. McCulloch, McKay, McLaren, McNally, McPake, McPhilemy, McVey, Nolan, Patton, Reddin, Roarty, Shevlin, Stevenson, Watson, Wilson and Woods. 33 Members voted for the Motion, as follows:- Councillors Ashraf, Ballinger, Barclay, Baudo, Brennan, Cairns, Carragher, Crichton, Di Mascio, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Keltie, Larson, Leckie, MacGregor, Magowan, Masterton, McCluskey, McManus, Mitchell, Robb, Robinson, Smith, A. Stubbs, L. Stubbs, Sullivan, Thomas and Toner. Councillors Lennon and Logue abstained. 36 Members having voted for the Amendment, 33 having voted for the Motion and 2 Members having abstained, the Amendment was accordingly declared carried. Decided: (1) that Council recognises that whilst the number of people wishing to attend Councillors' surgeries in person was likely to continue to decline, it is important that a number of techniques are deployed to publicise surgeries while getting best value for money; (2) that all surgery details be publicised on the Council's main social media channels and website and contain Councillors' e-mail addresses; (3) that posters advertising forthcoming surgery details be placed in venues where surgeries take place, and (4) that officers explore options to enable Councillors to deliver online surgeries and provide assistance to Councillors in using technology to do so and that these online surgeries be publicised on the Council's main social media channels and website. QUESTIONS RECEIVED IN TERMS OF STANDING ORDER 51 8. It was noted that no Questions had been submitted in terms of Standing Order 51.
Page 7
NORTH LANARKSHIRE COUNCIL - 30 MARCH 2023 7 Appendix 1 Amendments to Memberships of Committees, Sub-Committees, Panels, Working Groups and Other Bodies Meeting of North Lanarkshire Council – 30 March 2023 Council is recommended to approve the appointments as detailed below. Committees/Sub- Committees/Panels Proposed Amendment Education, Children and Families Committee • Cllr A Stubbs to replace Cllr Lennon Enterprise and Fair Work Committee • Cllr Jarvie to replace Cllr Lennon • Cllr Carragher to replace Cllr Jarvie as substitute member Environment and Climate Change Committee • Cllr Fotheringham to be appointed to fill SNP Group Vacancy • Cllr D Johnston to replace Cllr Lennon Finance and Resources Committee • Cllr Masterton to be appointed to fill SNP Group Vacancy Housing Committee • Cllr Larson to replace Cllr Lennon Planning Committee • Cllr MacGregor to replace Cllr Lennon Policy and Strategy Committee • Cllr Smith to replace Cllr Di Mascio • Cllr Thomas to replace Cllr Smith as substitute member Wellbeing and Tackling Poverty Committee • Cllr Cairns to be appointed to fill SNP Group Vacancy Working Groups Proposed Amendment Resettlement and Relocation Working Group • Cllr Larson to replace Cllr A Stubbs Outside Bodies Proposed Appointment COSLA Convention • Cllr Masterton to be SNP Group substitute (to replace any SNP Member able to be substitute) Fair Trade Steering Group • Cllr Magowan to replace Cllr Barclay Integration Joint Board (IJB) • Cllr Barclay to replace Cllr Brennan (note – in accordance with IJB Standing Orders, the Council requires to provide one month notice of membership changes) NL Property Investments Ltd and NL Properties LLP • Cllr Sullivan to replace Cllr Di Mascio
Page 8
AUDIT AND SCRUTINY PANEL - 16 FEBRUARY 2023 8 16 February 2023 at 2 pm. A Meeting of the AUDIT AND SCRUTINY PANEL PRESENT Councillor Watson, Convener; Councillor Dunbar, Vice-Convener; Councillors Hume, D. Johnston, T. Johnston, Loughran, McNally, Robinson and Stevenson. CHAIR Councillor Watson (Convener) presided. IN ATTENDANCE Chief Officer (Business and Digital); Chief Officer (Audit and Risk); Chief Social Work Officer (Education, Families, Justice and Integrated Practice); Business Finance Manager (Resource Solutions); Business Partnership Manager; Strategy and Performance Manager; Business Strategy Managers; Information Risk Manager, and Democratic Services Manager. ALSO IN ATTENDANCE J. Boyd, Audit Director and P. Murray, Senior Audit Manager, Audit Scotland. APOLOGIES Councillors Fisher and Sullivan. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Watson, by virtue of being a Director of North Lanarkshire Properties, declared a connection in respect of paragraph 13 – POW: 075.1 – Arm’s Length External Organisations: Governance and Risk Management Oversight and Assurance Report 2022/23 – and further declared that he considered the connection so sufficiently remote that it did not preclude his participation in that item. REMIT FROM ADULT CARE AND SOCIAL WORK COMMITTEE – QUALITY ASSURANCE ANNUAL REPORT 2. There was submitted a report by the Head of Planning, Performance and Quality Assurance which had been remitted to the Audit and Scrutiny Panel by the Adult Care and Social Work Committee at its meeting held on 15 November 2022 providing an update to that Committee on the Council’s Quality Assurance Activity over the period 1 April 2021 to 31 March 2022. Decided: that the contents of the report be noted. AUDIT AND RISK-RELATED ITEMS: ACTION LOG 3. There was submitted a report by the Chief Officer (Audit and Risk) enabling the Panel to track implementation of requests and recommendations made by it in respect of Audit and Risk related items in the previous 18 months, with the action log, attached as an Appendix to the report, recording
Page 9
AUDIT AND SCRUTINY PANEL - 16 FEBRUARY 2023 9 those requests and recommendations made by the Panel when these had been addressed and/or were expected to be addressed. Decided: that the content of the report be noted. INTERNAL AUDIT PROGRESS REPORT 4. There was submitted a report by the Chief Officer (Audit and Risk) (1) providing an overview of Internal Audit Activity; (2) reporting the results of Internal Audit outputs finalised since the last update to the Panel in November 2022; (3) highlighting the most significant issues arising from the completed audit work; (4) updating the Panel on other aspects of the work of Internal Audit, and (5) attaching, as an Appendix to the report, a brief summary of the scope and key findings of each substantive planned audit, together with a summary pack containing copies of those reports. During consideration of the report the Panel requested that a report be brought back to a future meeting regarding progress made by management regarding controls for the use of supply teachers. Decided: (1) that the findings, conclusions and recommendations of completed Internal Audit reports, together with the associated management responses, be noted; (2) that a further report be brought back to the Panel on progress made by management in respect of how the Council might address the issue relating to the re-employment of staff highlighted in the Internal Audit report “Investigation – Primary School A”; (3) that a further report be brought back to the Panel on progress made by management in respect of controls relating to the use and payment of supply teachers; (4) that Internal Audit provide a report to future meetings of the Panel reporting progress made by management in implementing the agreed management actions in relation to all audit recommendations categorised as “High” or “Medium”, and (5) that, otherwise, the contents of the report be noted. INTERNAL AUDIT: FOLLOW UP OF ACTIONS PREVIOUSLY AGREED BY MANAGEMENT IN RESPONSE TO AUDIT RECOMMENDATIONS 5. There was submitted a report by the Chief Officer (Audit and Risk) (1) detailing the extent to which management had implemented actions previously committed to in response to recommendations in Internal Audit reports, where those actions were due to be completed by the end of December 2022; (2) advising that Internal Audit had concluded that, of the 21 outstanding Internal Audit recommendations, five had been completed and 16 partially implemented; (3) explaining that of the 12 outstanding recommendations made by External Audit, seven had been completed, four were not yet due and one was considered no longer relevant, and (4) attaching, as an Appendix to the report, commentary from management and details of proposed management actions, together with revised target dates for completion of those outstanding audit recommendations where Internal Audit had assessed the residual risk as High or Medium. Decided: (1) that the contents of the report be noted, and
Page 10
AUDIT AND SCRUTINY PANEL - 16 FEBRUARY 2023 10 (2) that the recommendations made by Internal Audit, attached as Appendix 1 to the report, be noted. AUDIT SCOTLAND – AUDIT STRATEGY LETTER 2022-23 6. There was submitted a report by the Chief Officer (Audit and Risk) providing Members with information from Audit Scotland, the Council's appointed external auditors, on the status of its 2022-23 audit planning (1) detailing that, as outlined by Audit Scotland in its letter attached at Appendix 1 to the report, Covid 19 had continued to impact on the completion of audits with ongoing extensions to statutory deadlines continuing to remain in place and that, along with the changeover in the appointed auditor, there had been an impact on the timing of Audit Scotland's work on the 2022-23 audit, and (2) indicating that Appendix 1 to the report provides an overview of key aspects arising from the audit planning process, including a timetable for key audit outputs and the finalisation of the 2022-23 audit plan, which was expected to be completed by 31 March 2023, with that document to be circulated to members of the Panel on receipt and to be tabled formally at the next Panel meeting. Thereon J. Boyd, Audit Director, Audit Scotland provided an oral summary of the letter from Audit Scotland, attached as an Appendix to the report. Decided: that the letter from Audit Scotland, together with the oral update provided at the meeting in relation to the planned audit approach by Audit Scotland to the 2022-23 audit of the Council, be noted. CHANGES TO THE CODE OF PRACTICE ON LOCAL AUTHORITY ACCOUNTING 2022/23 7. There was submitted a report by the Chief Officer (Finance) (1) explaining that the Council's Financial Statements are compiled in accordance with the Code of Practice on Local Authority Accounting in the United Kingdom, which is based on International Financial Reporting Standards (IFRS) and also the requirements of the accounting and statutory guidance of the UK Government and that, further, the Code requires appointed auditors to pay due attention to quarterly bulletins published by Audit Scotland; (2) highlighting any significant changes to the Code, or guidance in the technical bulletins, which might impact on the accounting requirements and presentation of the Council's 2022/23 Annual Accounts, and (3) indicating that the 2022/23 Unaudited Annual Accounts were due to be submitted to External Audit by 30 June 2023. Decided: (1) that the contents of the report be acknowledged, and (2) that the actions being taken to ensure that the Council submits a fully compliant set of Annual Accounts to External Audit be recognised. RISK MANAGEMENT UPDATE 8. There was submitted a report by the Chief Officer (Audit and Risk) providing an update to the Panel on key risk management developments since the most recent report in November 2022; (2) highlighting a selection of the more significant issues which are of current focus from a risk perspective, and (3) confirming that risk issues continue to be addressed in relation to a number of significant projects and programmes of work.
Page 11
AUDIT AND SCRUTINY PANEL - 16 FEBRUARY 2023 11 Decided: (1) that the current residual scores for those risks agreed for inclusion in the Corporate Risk Register for 2022/23, attached at Appendix 1 to the report, be noted; (2) that the references to other topical risk issues highlighted in the report be noted, and (3) that the work ongoing to further strengthen and embed risk management arrangements be noted. NATIONAL CARE SERVICE PROPOSALS 9. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) confirming that, to mitigate risks and uncertainty, the Council operates risk management arrangements which identify, evaluate, manage and control a range of key corporate risks with all risks identified and agreed as meriting inclusion in the Corporate Risk Register being subject to regular monitoring and review by relevant senior management and periodic review/consideration of individual risks by both the Corporate Management Team and the Audit and Scrutiny Panel in line with the Council's Risk Management Strategy and their respective governance roles; (2) providing a focus on a new risk within the Council's Corporate Risk Register relating to proposals for a National Care Service as set out within the National Care Service (Scotland) Bill introduced in the Scottish Parliament on 21 June 2022; (3) providing an overview of the current risk environment as set out and assessed within the draft Deep Dive document attached as Appendix 1 to the report; (4) noting that the Deep Dive document is in development with further work required to fully analyse risk impacts and to reflect and develop mitigating actions and controls which may be exercised by the Council; (5) advising that this work will form part of the agenda for the newly created Member/Officer Group, and (6) advising that the level of uncertainty with respect both to the Bill process, alongside the scale and complexity of the reorganisation likely to arise from the proposals, is reflected in an indicative inherent and residual risk scoring of 25. Decided: (1) that the draft Deep Dive document, attached as Appendix 1 to the report, and the indicative risk scoring which reflects both the very high level of uncertainty and potential high and wide-ranging impacts for the Council associated with this risk, be noted; (2) that it be noted that this risk document remains in development and will be regularly reviewed in keeping with both the high indicative scoring and the fluid risk environment, and (3) that it be noted that core structures for the management and mitigation of this risk have been enhanced through the establishment of the National Care Service Member/Officer Group, which met for the first time in February 2023. NEW APPROACH TO AUDITING BEST VALUE 10. There was submitted a report by the Chief Officer (Business and Digital) (1) reminding the Panel of the Best Value duty which requires the Council to ensure arrangements are in place to secure continuous improvement in the performance of all functions and activities undertaken to deliver services and improve outcomes; (2) explaining that, since implementation of the duty, all local authorities in Scotland had been subject to ongoing national and local audit processes to ensure they continue to be able to demonstrate Best Value in practice; (3) indicating that, from 2022/23 onwards, a new approach to the National Audit Programme is being rolled out in line with the five-year external audit appointments and that the new approach involves more frequent arrangements that integrate the process of auditing Best Value within each individual Council's External Auditors Annual Audit Report activity; (4) informing the Panel that this means that the Council will, in effect, undergo an
Page 12
AUDIT AND SCRUTINY PANEL - 16 FEBRUARY 2023 12 annual assessment in terms of particular aspects of Best Value in order to provide the Accounts Commission with the relevant assurances in terms of the performance of the Council and the quality of services to the public.; (5) providing an overview of the new national approach to auditing Best Value, and (6) indicating that Elected Members have a key role to play to ensure that the Council continues to demonstrate Best Value and providing information to assist the Members of the Audit and Scrutiny Panel to fulfil that role. Decided: (1) that the new national approach to auditing Best Value, and the implications for the Council in this respect, be noted, and (2) that the role of the Panel, in terms of ensuring that the Council continues to secure Best Value in line with the statutory duty, be endorsed. ANNUAL SCRUTINY PROGRAMME 11. There was submitted a report by the Chief Officer (Business and Digital) (1) setting out the annual programme for the scrutiny function of the Panel; (2) outlining the process by which members of the Panel are able to submit items, functions or activities requiring scrutiny and the subsequent assessment and prioritisation mechanism, and (3) advising that a composite programme listing all scrutiny related reports is scheduled to be presented to the Panel during each cycle of 2023/24. Decided: (1) that the composite programme and reporting timetable, as set out in the report and Appendix 1 to the report, in order to establish an annual programme for the scrutiny function of the Panel be endorsed, and (2) that the role of Panel members in identifying, assessing and prioritising items for inclusion in the scrutiny work programme, in line with the updated process, be endorsed. STRATEGIC PERFORMANCE FRAMEWORK – PERFORMANCE REPORTING SCHEDULE 2023 TO 2024 12. There was submitted a report by the Chief Officer (Business and Digital) (1) explaining that the Strategic Performance Framework sets out performance measurement at three levels in order to collectively provide an overview of performance to help understand the impact of Council activities on improving services and outcomes for people and communities; (2) reiterating that from 2022/23, demonstrating Best Value moves to a more frequent annual audit assessment which will be undertaken as part of the External Auditor's existing Annual Audit Report process and that, therefore, it is important to ensure that the Council continues to be able to demonstrate Best Value and evidence this in practice, in particular through robust scrutiny and performance reporting; (3) providing an update on the performance reporting schedule initially established in 2021 setting out the service specific, statutory, corporate and strategic performance reporting arrangements for the period 2023/24, and (4) reminding the Panel that consideration of the performance reporting schedule at its meetings supports the Best Value governance and accountability theme by ensuring that the Council can demonstrate the existence of robust arrangements for scrutiny and performance reporting. Decided: (1) that the Panel maintain an awareness of the reports within the performance reporting schedule for 2023 to 2024 in line with the Panel’s remit, and
Page 13
AUDIT AND SCRUTINY PANEL - 16 FEBRUARY 2023 13 (2) that it be noted that the performance reporting schedule forms a key part of the scrutiny work programme that supports the Best Value governance and accountability theme by ensuring that the Council can demonstrate the existence of robust arrangements for scrutiny and performance reporting. Councillor Watson, prior to consideration of the following item of business, having declared a connection by virtue of being a director of North Lanarkshire Properties, had further declared that he considered the matter so sufficiently remote that it did not preclude his participation in this item. POW: 075.1 – ARM’S LENGTH EXTERNAL ORGANISATIONS: GOVERNANCE AND RISK MANAGEMENT OVERSIGHT AND ASSURANCE REPORT 2022/23 13. There was submitted a report by the Chief Officer (Business and Digital) (1) reminding the panel that a number of Council services are delivered on behalf of the Council by Arm’s Length Bodies and Partnership Agreements and that these have developed over a significant number of years; (2) confirming that, given the importance of these services and the levels of investment, it is imperative that the Council has robust oversight of governance, financial stewardship and management arrangements within each of these companies and that it can assure itself that they are all delivering services on the Council’s behalf that meet the contractual requirements, and satisfy the Council and customers’ needs and that expectations are delivered to a high standard; (3) intimating that consideration of this report by the Panel is a key element in the Council’s strategic performance framework as it provides the mechanism for Elected Members to scrutinise Arm’s Length Organisations’ effectiveness, value for money, governance and risk management arrangements, and (4) providing the six monthly overview of Arm’s Length Organisations’ governance, financial governance, risk management and service delivery arrangements. During consideration of the report, and following an oral summary of that report by the appropriate officer, the Panel requested that further information be provided to Members of the Panel in relation to contingent liabilities and unrestricted reserves. Decided: (1) that it be acknowledged that Arm’s Length External Organisation governance, performance reporting and financial monitoring arrangements are progressing satisfactorily; (2) that it be confirmed that the Performance Monitoring and Oversight arrangements are suitably robust and provide assurance that service delivery reflects Best Value; (3) that a full report on Routes to Work’s performance, as at year end 2021/22 and year to date in 2022/23, should be submitted to the Enterprise and Fair Work Committee at its meeting in May 2023, and (4) that the potential for liaison and engagement between the Council and External Organisations to explore where current labour shortage is an opportunity for employment and training and may be developed as part of the workforce for the future strategy be endorsed. CYBER SECURITY ASSESSMENT – SUPPLEMENTARY REPORT 14. There was submitted a joint report by the Chief Officer (Audit and Risk) and the Chief Officer (Business and Digital) (1) reporting that during financial year 2022/23, Internal Audit had worked alongside Business and Digital to review and assess Cyber Security practice within the Council and that the assessment (categorised as reasonable assurance) had determined that the Council had robust and effective information governance arrangements, duly recognised the risks associated with cyber security threats and operated practices commensurate with the good practice recommended by bodies such as the National Audit Office; (2) seeking to supplement Internal Audit’s findings and
Page 14
AUDIT AND SCRUTINY PANEL - 16 FEBRUARY 2023 14 recommendations through providing the Panel with additional details of cyber security activities performed by the Council; (3) noting that the Council seeks to guard against common cyber security threats and/or attacks through a range of cyber security arrangements, controls and activities; (4) highlighting that the Council endeavours to follow good practice guidelines and recommendations in terms of cyber security and that the Council’s Security and Risk Management function actively monitors how such changes in the threat landscape affect the Council’s security position and the adequacy of existing controls, and (5) reporting on the format and structure of the assessment. Decided: that the contents of the report be noted. SENIOR INFORMATION RISK OWNER (SIRO) - INFORMATION GOVERNANCE - ASSURANCE AND PERFORMANCE REPORT 2021/22 15. There was submitted a report by the Chief Officer (Business and Digital) (1) providing assurances that information risks are being effectively managed to ultimately enable the Council to comply with legislative requirements and good practice, and (2) outlining activity and performance related to information governance in respect of financial year 2021/22 and detailing improvement actions which the Data Management Team aims to progress to further improve awareness, understanding and compliance. During consideration of the report, and following an oral summary of it by the appropriate officer, the Panel requested that it receive a report to a future meeting in respect of proposals by management to ensure that mandatory training by staff is completed. The Chief Officer (Audit and Risk) advised that this matter would be included within the Audit and Scrutiny Panel action log. Decided: (1) that the activities which had been undertaken, or are underway, to enable the SIRO to provide assurances that information risks are being effectively managed be noted; (2) that the activities and next steps planned to further improve the Council’s Information Governance arrangements be noted, and (3) that a further report be provided by management outlining how the Council, more generally, monitors and ensures that staff periodically undertake all mandatory training relevant to their individual posts. PO003.2: DIGITAL NL QUANTIFYING AND REPORTING ON NON-FINANCIAL BENEFITS 16. There was submitted a report by the Chief Officer (Business and Digital) (1) explaining that the Digital NL Programme is subject to a series of audits aimed at providing levels of assurance that the overall programme is progressing against pre-determined targets, that governance is robust and that benefits are being realised; (2) reporting that, to date, the Digital NL Programme has been subject to four audits with each making a small number of recommendations with regards to suggested improvements and that, on each occasion, management within Business and Digital have viewed the outcome of such reports and the recommendations contained therein as valuable feedback for improving processes within the overall programme; (3) providing a focus on the recommendation made within the most recent Internal Audit report in November 2021 with regard to the identification, calculation, monitoring and tracking of non-financial benefits, and (4) highlighting a number of next steps to be developed in order to finalise and fully deploy the non-financial benefits element of the Benefits Tracker.
Page 15
AUDIT AND SCRUTINY PANEL - 16 FEBRUARY 2023 15 Decided: (1) that the development and implementation of a bespoke Benefits Tracker to capture financial and non-financial benefits for the Digital NL Programme be recognised; (2) that the robust process in place for capturing non-financial benefits be acknowledged; (3) that the commitment to the continued development of non-financial benefits through the deployment of the approved Year 4 Roadmap be recognised, and (4) that the next steps as outlined in the report be supported. UPDATE ON THE IMPLEMENTATION OF THE REFRESHED PROJECT MANAGEMENT FRAMEWORK 17. There was submitted a report by the Chief Officer (Business and Digital) (1) reminding the Panel of work undertaken in 2022 to review and refresh the Council's corporate project arrangements, with the review culminating in the launch of the refreshed Project Management Framework on 16 December 2022; (2) clarifying that the review of this Framework followed recommendations arising from Internal Audit reports, which both reported a reasonable assurance audit opinion but considered that further action was required for improvement in five specific areas; (3) intimating that the review and refresh exercise was also considered necessary in light of the changes in the Council's operating environment since implementation of the Model in 2018 and that these changes have led to a rapid evolution of programmes and projects across the Council, as well as increasing complexities in the delivery of many of these, and a greater need to be certain of the range of inter connections and inter dependencies across an increasing number of related areas of work; (4) narrating that this resulted in a growing need for a flexible framework that facilitates good governance and good project management in the set up and delivery of a wider range of projects at pace and scale; (5) providing a focus on two recommendations arising from the governance of Capital Projects and Managing Strategic Change audits and, specifically, providing information on reporting to all stakeholders on key projects and the arrangements for monitoring compliance with the Project Management Framework through a review programme. Decided: (1) that it be noted that information in respect of reporting to all stakeholders on key projects, and the arrangements for monitoring compliance with the Project Management Framework through a review programme, is contained within the refreshed Project Management Framework, as attached in the Appendices to the report; (2) that the work underway to establish the quality assurance process and the review programme for the Project Management Framework for implementation in 2023/24 be acknowledged; (3) that the commitment to ensuring that the programme of activity is implemented to its full and final conclusion, with ongoing monitoring and strategic oversight in place thereafter, be recognised; (4) that the Elected Member oversight role in terms of the quality assurance process and the review programme for the Project Management Framework be noted, and (5) that, otherwise, the contents of the report be noted.
Page 16
JOINT CONSULTATIVE COMMITTEE FOR LOCAL GOVERNMENT EMPLOYEES - 21 MARCH 2023 16 21 March 2023 at 2 pm. A Meeting of the JOINT CONSULTATIVE COMMITTEE FOR LOCAL GOVERNMENT EMPLOYEES PRESENT Councillor Boyd, Vice-Convener; Councillors Ballinger, Currie, Duffy, Jarvie, Logue, and Smith. M. Quigley, Unison, Convener; A. Clark and W. Shearer, Unison; D. Whelan, GMB and J. Rooney, Unite (T & G). CHAIR M. Quigley (Convener) presided. IN ATTENDANCE The Chief Officer (People Resources); Development Officer (Equalities); Employment and Policy Officer and Principal Democratic Officer. ALSO IN ATTENDANCE J. Baxter, Unison and B. Rankin, GMB. APOLOGIES Councillors Barclay, Brannan-McVey, M. Coyle and MacGregor; J. Hannigan, Unison, and V. Thomson, Unite (T & G). DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations of interest. ELECTION OF CONVENER AND VICE-CONVENER 2. In terms of the Constitution of the Joint Consultative Committee for Local Government Employees, nominations were sought for the Convener and Vice-Convener of the Committee. Decided: that Marie Quigley, Unison, be elected Convener, and Councillor Boyd be elected Vice-Convener of the Joint Consultative Committee for Local Government Employees for a 12 month period. NORTH LANARKSHIRE COUNCIL FAIR WORK FIRST STATEMENT 3. There was submitted a report by the Chief Officer (People Resources) (1) providing details of the contents of the Council's Fair Work First Statement, which required to be published in 2023 to enable the Council to access future Scottish Government grants; (2) setting out the action taken by the Council to ensure that it meets the Fair Work First criteria; (3) advising that the Council was encouraging Fair
Page 17
JOINT CONSULTATIVE COMMITTEE FOR LOCAL GOVERNMENT EMPLOYEES - 21 MARCH 2023 17 Work practices across the North Lanarkshire business community via the North Lanarkshire Employer Charter, and (4) seeking endorsement of the Council’s Fair Work First Statement from the Joint Trade Unions. Decided: (1) that the Council's Fair Work First Statement be endorsed by the Joint Trade Unions; (2) that the Council's Fair Work First Statement be published on the Council's website, and (3) that the report be otherwise noted. ADVANCING RACE EQUALITY IN THE COUNCIL'S WORKFORCE 4. With reference to paragraph 21 of the Minute of the meeting of North Lanarkshire Council held on 13 August 2020, when inter alia, approval had been given to establish a cross party working group to look at how the Council and its partners could work to ensure that all residents were able to live their lives free from racism or discrimination of any form, there was submitted a report by the Chief Officer (People Resources) (1) providing details of the ongoing work and plans to advance race equality within the workforce; (2) detailing, within the report, the outcome of (a) an employment information gathering exercise which took place in 2021, and (b) the Black, Asian and Minority Ethnic (BAME) employee survey; (3) intimating that the information gathered in the Advancing Race Equality and Workforce Action Plan set out a clear path for the advancement of equality for BAME employees in the work place; (4) setting out details of (a) the BAME Probationer Teacher Project; (b) the review of information on Myjobscotland and on the Council's website, and (c) the Plan for Change in the teaching workforce; (5) advising that the Action Plan for Advancing Equality in the Workforce, which had been the subject of a consultation with the Council's BAME employees, would continue to be monitored by the same group of employees and would also be reviewed by the Council’s Equality Board, and (6) informing that the Action Plan would be subject to an annual report to the Wellbeing and Tackling Poverty Committee. Decided: that the report be noted. EMPLOYMENT POLICY ISSUES - DISCIPLINE POLICY AND SMARTER WORKING POLICY 5. With reference to paragraph 5 of the Minute of the meeting of this Committee held on 26 October, there was submitted a report by the Chief Officer (People Resources) (1) highlighting measures set out to address issues previously raised by Trade Union representatives, with regard to (a) the Smarter Working Policy, and (b) the length of time that disciplinary investigations were taking to conclude; (2) outlining the background to the Smarter Working Policy including the appeals process; (3) intimating that there was a perception that some Services were not applying the Smarter Working Policy fairly and consistently; (4) advising (a) that, in respect of the Discipline Policy, every effort was being made to ensure that investigations were carried out timeously, but certain factors could prevent this including the availability of investigating officers, unforeseen sickness absence, annual leave of those involved and the accessibility of witnesses and Trade Unions representatives, and (b) that the Council would continue to work with Trade Union representatives to address these issues; (5) indicating that Trade Union representatives had asked that employees be supported throughout the period of their suspension and provided with regular updates on the progress of the investigation, and (6) informing that the Council would be reviewing the Discipline Policy and that the Trade Unions would be invited to be part of the review process. Decided: that the report be noted.
Page 18
REGULATORY - 4 APRIL 2023 18 Motherwell, 4 April 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Beveridge (paragraphs 1-7 only), Dunbar, Fisher, Hughes, Robb, Thomas and Watson. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Principal Solicitor and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE In respect of paragraphs 1 to 5 – Sergeant Brown, Police Scotland. APOLOGIES Councillors Ballinger, Crichton and Docherty. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS The Convener exercised his discretion to vary the order of business as hereinafter minuted. (1) PRIVATE HIRE DRIVER'S LICENCE - NEW APPLICATION - SUKHVIR SINGH 2. With reference to paragraph 2 of the Minute of the meeting of this Committee held on 21 March 2023, there was submitted (1) an application by Sukhvir Singh for a Private Hire Driver's Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Sergeant Brown outline the Chief Constable's objection to the application, and Sukhvir Singh speak in support of the application. Thereafter Sukhvir Singh and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Sukhvir Singh and the representative of Police Scotland were then re-admitted to the meeting. Decided: that the application by Sukhvir Singh for a Private Hire Driver's Licence be refused.
Page 19
REGULATORY - 4 APRIL 2023 19 (2) PRIVATE HIRE DRIVER'S LICENCE - COMPLAINT - DAVID HANLON 3. With reference to paragraph 3 of the Minute of the meeting of this Committee held on 21 March 2023, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted (1) a complaint received from the Chief Constable, Police Scotland, relative to David Hanlon, who currently held a Private Hire Driver's Licence, and (2) character references for David Hanlon. The Committee then heard Sergeant Brown outline the Chief Constable's complaint, and David Hanlon speak in respect of the complaint. Thereafter, David Hanlon and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. David Hanlon and the representative of Police Scotland were then re-admitted to the meeting. Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaint by the Chief Constable, relative to David Hanlon, in respect of his Private Hire Driver's Licence, be not upheld. (3) PRIVATE HIRE CAR OPERATOR'S LICENCE - RENEWAL - DAVID HANLON 4. With reference to paragraph 4 of the Minute of the meeting of this Committee held on 21 March 2023, there was submitted (1) an application by David Hanlon for the renewal of his Private Hire Car Operator's Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Sergeant Brown outlining the Chief Constable's objection to the application, and David Hanlon speak in support of the application. Thereafter, David Hanlon and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. David Hanlon and the representative of Police Scotland were then re-admitted to the meeting. Decided: that the application by David Hanlon for the renewal of his Private Hire Car Operator's Licence be granted. (4) PUBLIC ENTERTAINMENT LICENCE - NEW APPLICATION - XTREME TANNING LIMITED 5. There was submitted (1) an application by Gary Burston, T/A xtreme Tanning Limited for a Public Entertainment Licence to operate a tanning salon from premises at 20 Balmalloch Road, Kilsyth seven days per week from 9 am until 10 pm, and (2) a representation to the application received from the Chief Constable, Police Scotland. The Committee then heard Sergeant Brown outline the Chief Constable's representation to the application, and Gary Burston, who was accompanied by Amanda Borst, Duty Manager, speak in support of the application. Thereafter, Gary Burston, Amanda Borst and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Gary Burston, Amanda Borst and the representative of Police Scotland were then re-admitted to the meeting.
Page 20
REGULATORY - 4 APRIL 2023 20 Decided: that the application by Gary Burston for a Public Entertainment Licence be granted, subject to the completion of works to the satisfaction of Building Standards and Environmental Health. (5) TAXI OPERATOR'S LICENCE AND PRIVATE HIRE CAR OPERATOR'S LICENCE - RENEWALS (a) MARTIN JONES 6. With reference to paragraph 7 of the Minute of the meeting of this Committee held on 21 March 2023, there was submitted an application by Martin Jones for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Martin Jones did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Martin Jones speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Martin Jones withdrew from the meeting and the Committee resumed consideration of the matter. Martin Jones was then re-admitted to the meeting. Decided: that the application by Martin Jones for the renewal of his Private Hire Car Operator's Licence be granted for a period of 18 months, effective from 31 January 2023. (b) CLARE McWILLIAMS 7. There was submitted an application by Clare McWilliams for the renewal of her Taxi Operator's Licence. The Principal Solicitor then advised the Committee that Clare McWilliams did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Clare McWilliams' representative, Eddie McWilliams, speak in respect of the application for the renewal of the Taxi Operator's Licence. Thereafter, Eddie McWilliams withdrew from the meeting and the Committee resumed consideration of the matter. Eddie McWilliams was then re-admitted to the meeting. Decided: that the application by Clare McWilliams for the renewal of her Taxi Operator's Licence be granted for a period of 18 months, effective from 31 December 2022. (c) DARREN CORR 8. There was submitted an application by Darren Corr for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Darren Corr did not have an age compliant vehicle in accordance with the Council's vehicle specification.
Page 21
REGULATORY - 4 APRIL 2023 21 The Committee then heard Darren Corr speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Darren Corr withdrew from the meeting and the Committee resumed consideration of the matter. Darren Corr was then re-admitted to the meeting. Decided: that the application by Darren Corr for the renewal of his Private Hire Car Operator's Licence be granted for a period of 18 months, effective from 31 January 2023. (d) LYNNE ADAM 9. There was submitted an application by Lynne Adam for the renewal of her Private Hire Car Operator's Licence. The Administrative Officer then indicated that Lynne Adam was not in attendance. Thereafter. the Committee resumed consideration of the matter in Lynne Adam's absence. Decided: that consideration of the application by Lynne Adam for the renewal of her Private Hire Car Operator's Licence be continued to allow the applicant a further opportunity to appear before the Committee to speak in respect of the application. (e) MUHAMMAD AWAIS ARSHAD 10. There was submitted an application by Muhammad Awais Arshad for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Muhammad Awais Arshad did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Muhammad Awais Arshad speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Muhammad Awais Arshad withdrew from the meeting and the Committee resumed consideration of the matter. Muhammad Awais Arshad was then re-admitted to the meeting. Decided: that the application by Muhammad Awais Arshad for the renewal of his Private Hire Car Operator's Licence be granted for a period of 18 months, effective from 28 February 2023.
Page 22
PLANNING - 6 APRIL 2023 22 6 April 2023 at 10 am. A Meeting of the PLANNING COMMITTEE PRESENT Councillor Shevlin, Convener; Councillor Currie, Vice-Convener; Councillors Burgess, Bustard, Cairns, Campbell, M. Coyle, S. Coyle, Docherty, T. Johnston, Logue, Loughran, McPake, Robb, Robinson, Smith and Woods. CHAIR Councillor Shevlin (Convener) presided. IN ATTENDANCE Chief Officer (Place), Planning and Place Manager, Planning Manager (North), Planning Manager (South), Communications Officer and Principal Democratic Officer. APOLOGY Councillor Jarvie. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. PLANNING APPLICATIONS INDEX 2. There was submitted a report by the Chief Officer (Place) detailing applications for planning consent. Decided: that the applications be dealt with in accordance with the Annex to this Minute.
Page 23
PLANNING - 6 APRIL 2023 23 ANNEX Application No: 22/00296/MSC Applicant: Mr W.D.&R.T. Hill Development/Locus: Construction of 401 Houses and Ancillary Infrastructure: MSC Application for development at Wemysshill North in respect of conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and 22 of Permission ref: 20/01468/S42 (Residential Development & Associated Uses, including Community Uses and Retail), Wemysshill Farm, Castlehill Road, Overtown, ML2 0RU Decision: Grant Application No: 22/00305/FUL Applicant: AS Homes (Scotland) Limited Development/Locus: Residential Development (73 units) with Access, Change in Ground levels, Landscaping and Supporting Infrastructure - Land North of Abernethyn Road, Crindledyke, Newmains Decision: Grant subject to planning permission not being issued until a legal agreement has been concluded securing the required financial contributions towards Education and off-site play provision. Application No: 22/00754/FUL Applicant: Panda Village Limited Development/Locus: Change of Use from an Open Green Space to a Yard including: The Storing of Construction Material and Equipment; The Siting of Two Port-a-Cabins for the Storage of Non Food Items; The Formation of Two Car Parking Spaces, and the Erection of a 2 metre high perimeter fence (retrospective) 17 High Street, Newarthill, Motherwell, ML1 5JU Decision: Grant Application No: 22/01261/PPP Applicant: Carnethy Developments Limited Development/Locus: Industrial Development with Associated Landscaping, Access, Parking and Infrastructure - Land at Grayshill Road, Westfield, Cumbernauld Decision: Grant Application No: 23/00030/CNS Applicant: Intelligent Land Investments Group Plc Development/Locus: Installation of Battery Energy Storage Facility & Associated Access and Infrastructure - Whitehill Farm, Coatbridge Road, Gartcosh, G69 8DT Decision: No Objection
Page 24
REGULATORY - 18 APRIL 2023 24 Motherwell, 18 April 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Ballinger, Beveridge, Docherty, Fisher, Hughes, Robb, Thomas and Watson. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Principal Solicitor and Administrative Officer, Legal and Democratic Solutions. APOLOGIES Councillor Baudo, Crichton, Dunbar and Shevlin. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) TAXI OPERATOR'S LICENCE AND PRIVATE HIRE CAR OPERATOR'S LICENCE - RENEWALS (a) LYNNE ADAM 2. With reference to paragraph 9 of the Minute of the meeting of this Committee held on 4 April 2023, there was submitted an application by Lynne Adam for the renewal of her Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that discussions had been taking place with Lynne Adam regarding the acquisition of age compliant vehicles. Decided: that the application be treated as not having been called before the Committee. (b) DEREK HOWIESON 3. There was submitted an application by Derek Howieson for the renewal of his Private Hire Car Operator's Licence.
Page 25
REGULATORY - 18 APRIL 2023 25 The Principal Solicitor then advised the Committee that Derek Howieson did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Derek Howieson speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Derek Howieson withdrew from the meeting and the Committee resumed consideration of the matter. Derek Howieson was then re-admitted to the meeting. Decided: that the application by Derek Howieson for the renewal of his Private Hire Car Operator's Licence be granted for a period of nine months, effective from 31 January 2023. (c) GORDON SPENCE AND JACQUELINE SPENCE 4. There was submitted an application by Gordon Spence and Jacqueline Spence for the renewal of their Taxi Operator's Licence. The Principal Solicitor then advised the Committee that Gordon Spence and Jacqueline Spence did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Gordon Spence speak in respect of the application for the renewal of the Taxi Operator's Licence. Thereafter, Gordon Spence withdrew from the meeting and the Committee resumed consideration of the matter. Gordon Spence was then re-admitted to the meeting. Decided: that the application by Gordon Spence and Jacqueline Spence for the renewal of their Taxi Operator's Licence be granted for a period of 18 months, effective from 28 February 2023. (d) JOHN TOAL 5. There was submitted an application by John Toal for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that John Toal did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard John Toal speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, John Toal withdrew from the meeting and the Committee resumed consideration of the matter. John Toal was then re-admitted to the meeting. Decided: that the application by John Toal for the renewal of his Private Hire Car Operator's Licence be granted for a period of 18 months, effective from 30 April 2023.
Page 26
REGULATORY - 18 APRIL 2023 26 (e) TARIQ CHAUHDRI 6. There was submitted an application by Tariq Chauhdri for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Tariq Chauhdri did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Tariq Chauhdri speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Tariq Chauhdri withdrew from the meeting and the Committee resumed consideration of the matter. Tariq Chauhdri was then re-admitted to the meeting. Decided: that the application by Tariq Chauhdri for the renewal of his Private Hire Car Operator's Licence be granted for a period of 12 months, effective from 30 April 2023.
Page 27
COMMUNITIES - 24 APRIL 2023 27 24 April 2023 at 10 am. A Meeting of the COMMUNITIES COMMITTEE PRESENT Councillor Stevenson, Convener; Councillor McBride, Vice-Convener; Councillors Ashraf, Beveridge, Burgess, Campbell, Fisher, Fotheringham, Hughes, Jones, Keltie, Khan, B. McCulloch, McLaren, McNally, Mitchell, Nolan, Patton, Robb, Smith and Toner. ALSO PRESENT In accordance with Standing Order 64(A) Councillor Ballinger attended as a substitute for Councillor Barclay. CHAIR Councillor Stevenson (Convener) presided. IN ATTENDANCE Chief Officer (Strategic Communication and Engagement), Chief Officer (Legal and Democratic), Area Community Partnership Managers and Democratic Services Manager. APOLOGIES Councillors Barclay and Williams. Prior to the commencement of business, the Convener advised that he had agreed that an additional item of business – Grant Award Programme – would be considered and which he considered was relevant, competent and urgent in accordance with Standing Order 15, and that he would take this item immediately after agenda item 5. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations of interest. COMMUNITY COUNCIL QUADRENNIAL ELECTIONS 2. There was submitted a report by the Chief Officer (Legal and Democratic) (1) advising of the proposed arrangements for the Community Council Quadrennial Elections in terms of the North Lanarkshire Council Scheme for Community Councils; (2) outlining the statutory obligations of the Council in relation to the establishment of Community Councils and associated timescales for quadrennial elections; (3) indicating that a date requires to be identified when Community Council members will stand down, in terms of the Local Government (Scotland) Act 1973, to enable the reconstitution process for Community Councils to be initiated; (4) proposing that the date on which Community Council members shall stand down will be Monday, 9 October 2023 at 11.59 pm; (5) providing a summary of the process to be followed, including where the number of nominations received for any Community Council exceeds the number of vacancies exists and an election would be required, and (6) detailing that, where no election to a Community Council is necessary, Community Councils will re-establish on Tuesday, 10 October 2023.
Page 28
COMMUNITIES - 24 APRIL 2023 28 Decided: that the date when Community Council members be requested to stand down be set for Monday, 9 October 2023. TOWN TWINNING 3. There was submitted a report by the Chief Officer (Legal and Democratic) (1) providing a background to the concept of Town Twinning and listing the individual Town Twinning arrangements in existence in North Lanarkshire; (2) explaining that, given the level of Town Twinning invitations and requests received during the previous twelve months by the Council, and the rising costs associated with the provision of transport and hospitality, it had become evident that the current approved budget cannot sustain the previously agreed financial provisions; (3) explaining that the relevant funding is held in a separate budget distinct from the general Civic Functions funding and is ringfenced for the four specific areas within North Lanarkshire involved in Town Twinning; (4) intimating that, with reductions to the Civic Functions budget over the previous few years, the opportunities for civic recognition for individuals and organisations throughout North Lanarkshire had become constrained and that, to increase opportunities for civic recognition for all community groups across North Lanarkshire, proposing to cease future funding of Town Twinning and transfer the remaining funds into the Civic Functions budget, and (5) highlighting that, should the proposal be approved by the Committee, notification regarding these arrangements would be issued to all Town Twinning Associations. Decided: (1) that the cessation of discreet funding for Town Twinning visits from 1 July 2023 onwards be approved, and (2) that the transfer of any remaining 2023/24 Town Twinning funds to the Civic Functions budget be approved. NORTH LANARKSHIRE VOLUNTEERING STRATEGY 2023 TO 2026 4. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) explaining that the North Lanarkshire Volunteering Strategy had been developed by the North Lanarkshire Voluntary Partnership during 2022 with a view to strengthening volunteering across North Lanarkshire for the benefit of volunteers, residents and communities supported by volunteers, and volunteer-involving organisations, and (2) providing an overview of the North Lanarkshire Volunteering Strategy, attached at Appendix 1 to the report, and inviting the Committee to consider the role of the Council as a key delivery partner in its implementation. Decided: (1) that the content of the North Lanarkshire Volunteering Strategy be acknowledged, and (2) that the role played by the Council in the implementation of the strategy as a key community planning partner be endorsed and supported. COMMUNITY BOARD LOCAL DEVELOPMENT PROGRAMME 5. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) providing an update on progress with the Community Board Local Development Programme (LDP) projects previously approved by Committee; (2) seeking in principle approval for new potential projects as proposed by local Community Groups and as outlined in the report; (3) outlining the criteria being applied applicable to projects to enable them to be included in the Programme; (4) providing a narrative of the challenges being faced in project delivery, and (5) attaching, as Appendices to the report (i) C
Page 29
COMMUNITIES - 24 APRIL 2023 29 Community Board Local Development Programme 2022/23 onwards, and (ii) Budget Information, and (iii) Play Area Development List 2022/23. Councillor Smith requested, in respect of the Abronhill Community Works in the Potential Community Board LDP 2022/23 onwards, which the report recommended be removed from the Programme, that this matter be continued pending a meeting of the Regeneration Forum later that week. The Community Partnership Manager advised that he was prepared to continue consideration of this matter. Decided: (1) that the progress with the remaining LDP 2022/23 onwards be recognised and that projects which have potential for delivery in future financial years, depending on availability of budget and community support, as detailed in Appendix 1 to the report, be approved; (2) that the capital budget allocated to the LDP for each Community Board area for the next financial year, as detailed in Appendix 2 to the report, be recognised; (3) that the amendments to existing projects and further project proposals and project criteria be approved; (4) that the proposal listed in the report in respect of Abronhill Community Works be continued pending a meeting of the Regeneration Forum, and (5) that the current challenges faced in achieving delivery of the LDP be acknowledged. In accordance with Standing Order 15, the Convener had agreed that the following item of business be considered as, in his view, it was relevant, competent and urgent. UPDATE FOR GRANTS AWARDS PROGRAMME 2022/23 6. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) seeking approval of funding for the Parkinson's Self Help Group (Motherwell Area) of £4,047 (1) explaining that as part of the 2022/23 Grant Award Programme, 78 applications had been received, however, one application was not assessed within normal timescales due to the pre-assessment checks identifying a gap in the financial records for the organisation; (2) advising that the records have now been submitted by the organisation, and the application has been assessed using the agreed process, and (3) attaching, as an Appendix to the report, the funding recommendation. Decided: that the additional funding recommendation for the 2022/23 Grant Awards Programme, as outlined in Appendix 1 of the report, in respect of Parkinson's Self Help Group (Motherwell Area), be approved. PO56.2(3) COMMUNITY BOARD AND PARTNERSHIP COMMUNICATION STRATEGY 7. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) providing an update on key progress linked to supporting the development of the Community Boards model including updates on the tenth cycle of Community Boards meetings which took place throughout February and March 2023; (2) advising that, as previously agreed by Committee, reports on the work of the nine Community Boards are provided to the Committee relating to each committee cycle and progress is also reported to the North Lanarkshire Community Planning Partnership Strategic Leadership Board to reflect the statutory nature of the Boards in community planning terms and to provide local governance for the Local Outcome Improvement Plans, with this report covering
Page 30
COMMUNITIES - 24 APRIL 2023 30 cycle 10 of the Community Board meetings, and (3) explaining that the process and focus of reporting on the work of the Community Boards will continue to be reviewed. Decided: that the work to continue to develop and improve the integrated approach to supporting the Local Community Board model be recognised. PROVOST'S CITIZENSHIP AWARDS 8. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) reminding the Committee that in 2019, the former Youth, Equalities and Empowerment Committee had approved the creation of the Provost's Citizenship Awards to recognise the vital work carried out by dedicated individuals in their own communities which can often go unrecognised and that it was acknowledged that individuals and groups can be role models for others and inspire people to participate in activity which benefits their community; (2) explaining that to make the awards, nominations had been sought from members of the public, with three individual winners and three group winners chosen by a panel chaired by the Provost and including other Elected Members, the Council's Chief Executive and the Chair of the Community Planning Partnership with the panel judging nominations against a set of criteria; (3) outlining that the first awards had taken place in early 2020 and had been the only in-person awards awarded due to the Covid-19 pandemic, and (4) intimating that, following consultation with the Provost, it was proposed that Community Boards, and Elected Members from across the Council, be more involved in nominations and that a new system of award be commenced to ensure that the whole of North Lanarkshire is represented in the awards while making more awards available, with details of the proposals outlined in the report. Decided: (1) that the proposed new arrangements for the Provost's Awards, including the change of name from Provost's Citizenship Awards, be approved, and (2) that, otherwise, the contents of the report be noted. CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 9. There was submitted a report by the Chief Officer (Assets and Procurement) notifying the Committee of contracts awarded between 1 January and 31 March 2023 with a value below the financial threshold requiring Committee approval. Decided: that the contracts awarded below Committee approval threshold between 1 January and 31 March 2023, as per the process contained within the Council's General Contract Standing Orders, be noted.
Page 31
PLANNING - 27 APRIL 2023 31 27 April 2023 at 10 am. A Meeting of the PLANNING COMMITTEE PRESENT Councillor Shevlin, Convener; Councillor Currie, Vice-Convener; Councillors Burgess, Bustard, Cairns, Campbell, M. Coyle, S. Coyle, Jarvie, T. Johnston, Logue, MacGregor, McManus, McPake, Robb, Robinson, L. Stubbs and Woods. ALSO PRESENT In accordance with Standing Order 64(A) Councillor Fisher attended as a substitute for Councillor Docherty. CHAIR Councillor Shevlin (Convener) presided. IN ATTENDANCE Chief Officer (Place), Planning and Place Manager, Planning Manager (North), Planning Manager (South), Communications Officer and Principal Democratic Officer. APOLOGIES Councillors Docherty, Loughran, McDade and McNally. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. PLANNING APPLICATIONS INDEX 2. There was submitted a report by the Chief Officer (Place) detailing applications for planning consent. Decided: that the applications be dealt with in accordance with the Annex to this Minute. PLANNING AND ENFORCEMENT NOTICE APPEALS LODGED 3. There was submitted a report by the Chief Officer (Place) advising of one planning and enforcement notice appeal which had been lodged with the Scottish Ministers. Decided: that the report be noted. NOTICE OF PLANNING AND ENFORCEMENT NOTICE APPEAL DECISIONS 4. There was submitted a report by the Chief Officer (Place) advising of one recent decision in respect of planning and enforcement notice appeals. Decided: that the report be noted.
Page 32
PLANNING - 27 APRIL 2023 32 ANNEX Application No: 23/00009/FUL Applicant: Ms Marjory Donald Development/Locus: Replacement Dwellinghouse - Greenhill Farm, Greenhill Road, Hareshaw Decision: Refuse Application No: 23/00226/S42 Applicant: PD Stirling Limited / ID Meiklam Trust Development/Locus: Application Under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as Amended) to Remove Conditions 9 and 14 and Amend Condition 15 of Planning Permission 13/02079/PPP - Mossend Rail Head, Reema Road Industrial Estate, Reema Road, Bellshill Decision: Grant
Page 33
REGULATORY - 2 MAY 2023 33 Motherwell, 2 May 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Ballinger, Docherty, Dunbar, Fisher, Hughes, Robb, Thomas and Watson. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Principal Solicitor and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE In respect of paragraphs 1-3 – Sergeant Brown, Police Scotland. In respect of paragraph 5 – Transportation Manager and Engineer Technical Officer, Infrastructure and Transportation. APOLOGY Councillor Beveridge. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS The Convener exercised his discretion to vary the order of business as hereinafter minuted. (1) PRIVATE HIRE CAR LICENCES - COMPLAINTS - STEWART HARPER 2. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted complaints received from the Chief Constable, Police Scotland, relative to Stewart Harper, who currently held Private Hire Car Licences. The Administrative Officer then indicated that Stewart Harper was not in attendance. The Committee then heard Sergeant Brown advise that, given the circumstances, she had no objection to consideration of the matter being continued.
Page 34
REGULATORY - 2 MAY 2023 34 Decided: that consideration of the complaints received from the Chief Constable, Police Scotland, relative to Stewart Harper, in respect of his Private Hire Car Licences, be continued to allow Stewart Harper a further opportunity to appear before the Committee to speak in respect of the matter. (2) PRIVATE HIRE CAR LICENCE - RENEWALS (a) PSG LEASING LIMITED 3. There was submitted (1) an application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company's Private Hire Car Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Administrative Officer then indicated that Stewart Harper was not in attendance. The Committee then heard Sergeant Brown advise that, given the circumstances, she had no objection to consideration of the matter being continued. Decided: that consideration of the application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company's Private Hire Car Licence, be continued to allow the applicant a further opportunity to appear before the Committee to speak in respect of the application. (b) JOHN McLEAN 4. There was submitted an application by John McLean for the renewal of his Private Hire Car Licence. The Principal Solicitor then advised the Committee that John McLean did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard John McLean speak in respect of the application for the renewal of his Private Hire Car Licence. Thereafter, John McLean withdrew from the meeting and the Committee resumed consideration of the matter. John McLean was then re-admitted to the meeting. Councillor Robb, seconded by Councillor Hughes, moved that the application by John McLean for the renewal of his Private Hire Car Licence be granted for a period of 24 months, effective from 30 April 2023. Councillor Dunbar, seconded by Councillor McVey, moved, as an amendment, that the application by John McLean for the renewal of his Private Hire Car Licence be granted for a period of 18 months, effective from 30 April 2023. On a vote being taken, 2 Members voted for the amendment, and 8 Members voted for the motion, which was accordingly declared carried. Decided: that the application by John McLean for the renewal of his Private Hire Car Licence be granted for a period of 24 months, effective from 30 April 2023.
Page 35
REGULATORY - 2 MAY 2023 35 (3) TAXI/PRIVATE HIRE BOOKING OFFICE LICENCE - NEW APPLICATION - EXPRESS CARS (CONDORRAT) LIMITED 5. There was submitted (1) an application by James Gregg, T/A Express Cars (Condorrat) Limited for a Taxi/Private Hire Booking Office Licence at 59 Main Street, Cumbernauld, and (2) an objection to the application received from the Transportation Service. The Committee then heard the Transportation Manager, who was accompanied by the Engineer/Technical Officer, outline the Transportation Service objection to the application, and James Gregg speak in support of the application. Thereafter, James Gregg, the Transportation Manager and the Engineer/Technical Officer withdrew from the meeting and the Committee resumed consideration of the matter. James Gregg, the Transportation Manager and the Engineer/Technical Officer were then re-admitted to the meeting. Decided: that the application by James Gregg, T/A Express Cars (Condorrat) Limited for a Taxi/Private Hire Booking Office at 59 Main Street, Cumbernauld be granted.
Page 36
ENVIRONMENT AND CLIMATE CHANGE - 3 MAY 2023 36 3 May 2023 at 2 pm. A Meeting of the ENVIRONMENT AND CLIMATE CHANGE COMMITTEE PRESENT Councillor Loughran, Convener; Councillor McPhilemy, Vice-Convener; Councillors Carragher, Duffy, Fotheringham, Goldie, D. Johnston, Leckie, Masterton, McBride, McDade, McKay, Mitchell, Reddin, Roarty, Smith, Thomas, Williams, Wilson and Woods. ALSO PRESENT In accordance with Standing Order 64(A) Councillors Bustard, Watson and Hughes attended as substitutes for Councillors M. McCulloch, Nolan and A. Stubbs respectively. CHAIR Councillor Loughran (Convener) presided. IN ATTENDANCE The Chief Officer (Community Operations); Chief Officer (Place); Infrastructure and Transportation Manager, and Democratic Services Manager. APOLOGIES Councillors M. McCulloch, Nolan and A. Stubbs, DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillors Goldie and Smith, by virtue of being appointed by the Council to, respectively, Strathclyde Concessionary Travel Scheme Joint Committee and Strathclyde Partnership for Transport, each declared an interest in respect of paragraph 5 – Oversight Report – Strathclyde Partnership for Transport and Strathclyde Concessionary Travel Scheme 2021/22 – and both left the meeting during consideration of this matter. ENVIRONMENT PATHWAY 2. There was submitted a report by the Chief Officer (Community Operations) reminding the Committee that the original Environment Strategy had brought together strategies, policies and plans relating to North Lanarkshire's environment and that this had been approved at the former Environment and Transportation Committee in May 2019; (2) indicating that the reconfiguration of the Environment Strategy into an Environment Pathway aligned all related environmental strategies, policies and plans under the one strategic approach with the aim that these are not implemented in isolation but take account of common environmental factors locally, in order to maximise development and opportunities and to collectively protect, enhance and promote North Lanarkshire's environment, and (3) attaching, as an Appendix to the report, a copy of the Environment Pathway document. Decided: (1) that the contents of the Environment Pathway be approved, and
Page 37
ENVIRONMENT AND CLIMATE CHANGE - 3 MAY 2023 37 (2) that the Environment Pathway document be published on the Council's website. AMEY PUBLIC SERVICES LLP: OPERATIONAL PERFORMANCE MONITORING REPORT FOR 1 OCTOBER 2022 TO 31 MARCH 2023, FINANCIAL PERFORMANCE AS AT 31 DECEMBER 2022 3. There was a submitted a report by the Chief Officer (Community Operations) (1) outlining Amey Public Services Limited Liability Partnership performance against its business objectives and Council priorities for the period October 2022 to March 2023 and its financial performance to March 2023; (2) detailing a number of service delivery highlights over the period, and (3) attaching, as Appendices to the report, documents relating to (i) performance indicators and outcomes; (ii) financial performance as at 31 December 2022; (iii) overall financial standing as at 31 December 2022, and (iv) the approved budget – 2023. Decided: (1) that Amey Public Services LLP's operational performance up to 31 March 2023, along with service delivery highlights over the past six months, be acknowledged, and (2) that Amey Public Services LLP's financial performance as at 31 December 2022 be acknowledged. STRATEGIC PERFORMANCE FRAMEWORK - LATEST PERFORMANCE RESULTS FOR COMMUNITY OPERATIONS 4. There was submitted a report by the Chief Officer (Community Operations) (1) providing the Committee with an update on the latest results of the strategic performance indicators used by Community Operations to inform service delivery and underpin operational decisions, and (2) attached, as an Appendix to the report, a high level performance overview as at March 2023. Decided: that the high level performance overview presented in Appendix 1 to the report, and the supporting data contained within a linked Excel spreadsheet, be noted. Prior to consideration of the following item of business, Councillors Goldie and Smith, by virtue of being appointed by the Council to, respectively, Strathclyde Concessionary Travel Scheme Joint Committee and Strathclyde Partnership for Transport, had each declared an interest and both left the meeting during its consideration. OVERSIGHT REPORT - STRATHCLYDE PARTNERSHIP FOR TRANSPORT AND STRATHCLYDE CONCESSIONARY TRAVEL SCHEME 2021/22 5. There was submitted a report by the Chief Officer (Place) (1) providing an overview of performance in 2021/22 by Strathclyde Partnership for Transport (SPT) and the Strathclyde Concessionary Travel Scheme (SCTS); (2) reminding the Committee that SPT is the regional transport partnership for the west of Scotland and has a statutory duty to develop a transport strategy for its region and that SCTS oversees the operation of the concessionary fare scheme for public transport within the SPT area and is responsible for determining the criteria, and the routes which are eligible, for concessionary fares; (3) advising that the Council appoints Elected Members to serve on the Boards of both of these bodies and is therefore required to maintain oversight of performance to ensure compliance with "Following the Public Pound" obligations; (4) explaining that the former Arms Length External Organisations (ALEOs) and External Bodies Monitoring Committee, at its initial meeting in May 2016, had considered the reporting frequency and had determined that annual reporting was appropriate and proportionate, given the wider governance arrangements that exist and the likely level of risk to the Council, and
Page 38
ENVIRONMENT AND CLIMATE CHANGE - 3 MAY 2023 38 (5) summarising, in the Appendices to the report, the 2021/22 performance for SPT and SCTS, together with oversight arrangements in place which confirm that both organisations operate satisfactory governance and scrutiny processes. Decided: (1) that the governance and scrutiny arrangements currently in place within SPT and SCTS be noted, and (2) that the performance during 2021/22 for both organisations be noted. CALL TO ENDORSE A PROPOSED BAN ON SINGLE USE DISPOSABLE VAPES 6. There was submitted a report by the Chief Officer (Community Operations) (1) explaining that the Scottish Government has commissioned a review of the environmental impacts and management of single use vapes following growing concern around the environmental consequences of these being discarded irresponsibly and leading to a rise in the impact of littering; (2) explaining that the products are plastic waste and contain lithium batteries which pose risks in terms of corrosive and flammable substances; (3) intimating that in response to the review, the Scottish Government is to consider evidence and expert advice and, thereafter, come forward with policy options, which could include a potential ban on single use vapes; (4) outlining the concerns of the Council's Trading Standards Service regarding deliberate marketing and promotion of single use vapes to a new, young generation of non-smokers, with bright colours, novelty flavours and positioning of products next to sweets and confectionary; (5) reporting that the sale of vapes is covered by age restricted legislation and the Council's Trading Standards Service had recently carried out test purchasing operations and had been disappointed in the number of shops found to have sold tobacco or vapes to young people under the age of 18; (6) recognising that, although it is recognised that vaping products have a role to play in overall smoking cessation, the use of disposable versions of this product have, on balance, an overall negative impact; (7) recommending that the Council supports the position of Ash Scotland, Keep Scotland Beautiful and other local authorities in supporting a ban on the sale of disposable vapes in Scotland, and (8) advising that, should this position be agreed by the Committee, it is proposed that the Chief Officer (Community Operations) would write to the Scottish Government outlining this position and the rationale behind it. Councillor Loughran, seconded by Councillor McPhilemy, moved that the recommendations contained within the report be approved. Councillor Wilson, seconded by Councillor Watson, moved, as an Amendment, that Committee:- (1) notes that the UK Government open the public call for evidence on 11 April 2023 in relation to youth vaping including “the impact of vapes on the environment in particular disposal vapes” and that this investigation is seeking contributions from across the UK; (2) further notes that the Scottish Government has commissioned a review on the “Environmental Impacts and Management of Single-Use Vapes” and Zero Waste Scotland is leading on this exercise; (3) agrees that the Council will await the outcome of the UK Government and Scottish Government reviews before forming their position on single-use disposal vapes and that a further report will be brought to Committee once both investigations have concluded and recommendations are published, and (4) as such, agree that no action will be taken by the Council on single-use disposal vapes at the present time. Thereon, in terms of Standing Order 39, the vote was taken by calling the Roll.
Page 39
ENVIRONMENT AND CLIMATE CHANGE - 3 MAY 2023 39 On the Roll being called:- 3 Members voted for the Amendment as follows:- Councillors Leckie, Watson and Wilson. 19 Members voted for the Motion as follows:- Councillors Bustard, Carragher, Duffy, Fotheringham, Hughes, Goldie, D. Johnston, Loughran Masterton, McBride, McDade, McKay, McPhilemy, Mitchell, Reddin, Smith, Thomas, Williams and Woods. Accordingly, the Motion was carried. Decided: (1) that the proposed ban on the sale of single use vapes be supported and endorsed, and (2) that the Chief Officer (Community Operations) write to the Scottish Government calling for the immediate introduction of a complete prohibition on the supply of single use disposable vapes. CONTRACTS AWARDED BELOW COMMITTEE APPROVED THRESHOLD 7. There was submitted a report by the Chief Officer (Assets and Procurement) notifying the Committee of the contracts awarded between 1 January and 31 March 2023 with a value below the financial threshold requiring Committee approval. Decided: that the contracts awarded below Committee approval threshold between 1 January and 31 March 2023, as per the process contained within the Council's General Contract Standing Orders, be noted.
Page 40
WELLBEING AND TACKLING POVERTY - 5 MAY 2023 40 5 May 2023 at 10 am. A Meeting of the WELLBEING AND TACKLING POVERTY COMMITTEE PRESENT Councillor Woods, Convener; Councillor Costello, Vice-Convener; Councillors Ashraf, Barclay, Cairns, Currie, Goldie, Jones, Keltie, Khan, Leckie, Loughran, McBride, McNally, McPhilemy, Mitchell, Nolan, Smith, Stevenson, L. Stubbs and Thomas. ALSO PRESENT In accordance with Standing Order 64(A) Councillor Fisher attended as a substitute for Councillor Reddin. CHAIR Councillor Woods (Convener) presided. IN ATTENDANCE The Chief Officer (People Resources); Chief Social Work Officer (Education, Families, Justice and Integrated Practice); Development Officer (Equalities); Business Manager, Social Inclusion and Wealth; Business Finance Manager (Strategy); Senior Education and Families Manager (Social Work), and Democratic Services Manager. APOLOGIES Councillor Reddin. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations of interest. MAINSTREAMING EQUALITY REPORT 2. There was submitted a report by the Chief Officer (People Resources) (1) informing the Committee that every two years public bodies, which are covered by the Public Sector Equality Duty, are required to publish a number of reports and information to evidence how they are meeting the needs of people whose characteristics are protected by the Equality Act 2010; (2) attaching, as Appendix 1 to the report, the Public Sector Equality Duty composite report 2023 which was split into three main sections (a) Mainstreaming Equality Report 2023; (b) progress in achieving the Council's Equality Outcomes 2021/25, and (c) the Council's Employment Profile; (3) explaining that the Council's Equality Strategy 2019-2024 sets out five key underpinning objectives and associated enablers for the successful mainstreaming of equality into its day to day work; (4) reporting on how the Council has delivered on those five objectives since 2021, together with other specific areas of work undertaken to advance equality; (5) setting out the progress made by the Council in achieving its Equality Outcomes 2021//25, and (6) outlining a number of next steps required to tackle particular areas of inequality and disadvantage that may exist.
Page 41
WELLBEING AND TACKLING POVERTY - 5 MAY 2023 41 Decided: (1) that the information contained in the composite report, which details how the Council is successfully mainstreaming equality into its work, be noted; (2) that the progress made in relation to delivering the Council's Equality Outcomes 2021/25 be noted; (3) that the information gathered in respect of the Council's Employment Profile be noted, and (4) that the mainstreaming of the equalities composite report for publication on the Council's website be approved. TOWARDS A FAIRER NORTH LANARKSHIRE - TACKLING POVERTY STRATEGY 2020-2023 3. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) reporting on the delivery and conclusion of the Tackling Poverty Strategy 2020-2023 and the improved outcomes achieved; (2) providing an update on the development of the new Tackling Poverty Strategy 2023-2026 and the Local Child Poverty Action Report 2022-23; (3) indicating that the Tackling Poverty Strategy Alliance co-ordinates resources across the Council and partners to ensure effective delivery; (4) highlighting that, to deliver the shared ambition of inclusive growth and prosperity, the Strategy had focussed on the Plan for North Lanarkshire, in particular, five complimentary priorities as detailed in the report; (5) outlining other work undertaken within the Council including the 2021 Tackling Poverty Officer Action Group and the Member/Officer Task and Finish Group; (6) recalling that, in September 2022, the Policy and Strategy Committee had approved the updated "Towards a Fairer North Lanarkshire – Tackling Poverty Strategy (Action Plan)" and the report had been submitted to this Committee in November 2022 for consideration, and (7) noting that the Tackling Poverty Strategy had been written and published prior to the Covid 19 pandemic and, as a result, some of the actions were accelerated, some had to be revised, and others would need to be revisited. Decided: (1) that the delivery and outcomes achieved from the Towards a Fairer North Lanarkshire – Tackling Poverty Strategy Action Plan, as outlined in Appendix 1 of the report, be noted, and (2) that it be noted that the report has also been referred to the North Lanarkshire Partnership Strategic Leadership Board for its consideration. TACKLING POVERTY FINANCIAL SUPPORT UPDATE REPORT 4. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) reminding the Committee that in September 2022 the Policy and Strategy Committee had approved the use of the Council's Local Authority Covid Economic Recovery Fund, provided by the Scottish Government, for assisting residents with financial support to assist recovery from Covid and with the cost of living crisis; (2) providing details of decisions made by the Policy and Strategy Committee in September 2022 in relation to the allocation and use of the funds provided to the Council by the Scottish Government; (3) informing of progress in relation to the utilisation of the various payment and grant schemes; (4) indicating use made of the cost of living helpline for the period 30 November 2022 to 31 March 2023, and (5) detailing the total financial support budget, together with redistribution of funds, which has taken place to meet additional costs or increasing demand.
Page 42
WELLBEING AND TACKLING POVERTY - 5 MAY 2023 42 Decided: (1) that the outcomes of the financial support provided to residents from the Local Authority Covid Economic Recovery Fund via the Council's NL Child Payment, Fuel Hardship Payment and Pensioner Fuel Grant be noted, and (2) that the distribution of the underspend of the funds to Pensioner Fuel Grant, Scottish Welfare Fund and the Flexibility Budget for Additional Tackling Poverty Initiatives June 2023/24 be endorsed. IMPLEMENTATION OF THE NATIONAL TRAUMA FRAMEWORK IN NORTH LANARKSHIRE 5. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) advising that the Transforming Psychological Trauma: Knowledge and Skills Framework has been developed by NHS Education Scotland to support the delivery of the Scottish Government and COSLA’s joint policy which had the intention to create a trauma-informed workforce; (2) explaining that being trauma-informed is about long-term culture and system change across the Council to create the conditions in which staff feel supported to care for, and respond to, citizens in ways that recognise the impact of trauma and create relationships that heal and resist re- traumatisation and which supports the delivery of the ambitious changes within the new Programme of Work; (3) setting out the actions being taken by the Council to embed the Framework in North Lanarkshire whilst also highlighting areas of practice where a trauma-informed approach is already making a positive difference for children and adults, and (4) outlining a number of next steps to ensure that North Lanarkshire becomes a leading trauma-informed Council including (a) the introduction of a Leadership Pledge of support for organisations that demonstrate commitment to supporting and embedding the trauma-informed culture across their workforce and services; (b) the introduction of mandatory training for employees, and (c) the appointment of an Elected Member Trauma Champion. Thereon, the Committee received a presentation which explained the importance of organisations and their staff being trauma-aware. Decided: (1) that the approach to the implementation of trauma informed practice across the Council, as detailed in the report, be endorsed; (2) that the whole workforce be trained at the trauma-informed level as part of a suite of mandatory training; (3) that an Elected Member trauma champion be appointed to support the work to promote a vision for North Lanarkshire becoming a leading trauma-informed Council, and (4) that the Council sign up for the National Leadership pledge of support. STRATEGIC PERFORMANCE FRAMEWORK – LATEST PERFORMANCE RESULTS FOR THE TACKLING POVERTY SERVICE 6. There was submitted a report by the Chief Social Work Officer (Children, Families, Justice and Integrated Practice) (1) providing the Committee with an update on the latest results of the Strategic Performance Indicators used by Children, Families, Justice and Integrated Practice) to inform service delivery and underpin operational decisions, and (2) attaching, as an Appendix to the report, a high-level performance overview as at March 2023. Decided: that the high-level performance overview presented in Appendix 1 to the report, and the supporting data contained within a linked Excel spreadsheet, be noted.
Page 43
HOUSING - 10 MAY 2023 43 10 May 2023 at 10 am. A Meeting of the HOUSING COMMITTEE PRESENT Councillor Brannan-McVey, Convener; Councillor McPake, Vice-Convener; Councillors Burgess, Carragher, M. Coyle, Dunbar, Fisher, Fotheringham, Hughes, D. Johnston, Jones, Keltie, Larson, Leckie, Logue, MacGregor, McBride, B. McCulloch, McDade, McKay, McKendrick, McNally, McPhilemy, McVey, Mitchell, Nolan, Patton, Reddin, Robinson, Smith, A. Stubbs, Sullivan, Toner and Woods. ALSO PRESENT In accordance with Standing Order 64(A) Councillor Roarty attended as a substitute for Councillor M. McCulloch. CHAIR Councillor Brannan-McVey (Convener) presided. IN ATTENDANCE Chief Officer (Housing Property Services); Chief Officer (Housing Management); Chief Officer (Place); Business Finance Manager (Resource Solutions); Communications Officer, and Principal Democratic Officer. APOLOGY Councillor M. McCulloch. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor McPake, by virtue of being a Board Member of Scotland Excel, declared a connection in respect of paragraph 5 – New Housing Supply Programme – Procurement Update, and further declared that he considered the interest so sufficiently remote that it did not preclude his participation in that item. BROADBAND IN TEMPORARY ACCOMMODATION 2. This item was withdrawn. COMMUNITY SAFETY HUB PERFORMANCE AND DEVELOPMENT 3. There was submitted a report by the Chief Officer (Housing Management) (1) providing an update on the performance and service development in respect of the Community Safety Hub; (2) providing details of the services delivered via the Community Safety Hub, and (3) intimating that Community Safety, through CCTV, tackling Anti-Social Behaviour and ensuring Public Protection, made an enormous contribution to achieving the Council's Ambition, set out in The Plan for North Lanarkshire. Councillor Reddin proposed that the Service explore options for the enhanced use of mobile CCTV units across North Lanarkshire, which was agreed.
Page 44
HOUSING - 10 MAY 2023 44 Decided: (1) that the performance of the Community Safety Hub be noted; (2) that the positive impact that the Community Safety Hub has had on the communities of North Lanarkshire be recognised; (3) that the Chief Officer (Housing Management) explore options for the enhanced use of mobile CCTV units across North Lanarkshire, and submit a report to a future meeting of the Committee, and (4) that the report be otherwise noted. PO14 TOWER STRATEGY UPDATE 4. With reference to paragraph 2 of the Minute of the meeting of this Committee held on 16 November 2022, there was submitted a report by the Chief Officer (Housing Property Services) (1) providing details of the progress of the (a) Demolition/Ambition Programme, and (b) Sprinkler/Fire Safety Programme; (2) highlighting the progress of the major refurbishment works within the four tower blocks in Coatbridge; (3) attaching, in Appendix 1 to the report, the properties contained within Phase 2 of the re-provisioning Programme; (4) advising that a consultation will be undertaken with the stakeholders affected by the proposals, and an options appraisal will be progressed for each of the sites, and (5) intimating that, in order to support displaced citizens affected by the war in Ukraine, the Council had committed to reinstate approximately 200 properties, on a temporary basis, at the tower blocks in High Coats, Coatbridge, and Birkshaw, Wishaw, which were now refurbished, and several families were now living in these towers. The Convener referred to Appendix 1 of the report and clarified that Glen Tower and Woodside Tower, Motherwell were included in the Phase 2 re-provisioning Programme and Shields Tower, Motherwell was not included in the Programme. Decided: (1) that the progress of the Tower Demolition/Ambition Programme be noted; (2) that the progress of the Sprinkler Installation and Fire Safety Programmes be noted; (3) that the progress of major refurbishment projects be noted; (4) that consultation be undertaken with stakeholders affected by the second Phase of the re-provisioning Programme; (5) that the outcome of the Phase 2 consultation be submitted to a future meeting of the Committee for approval, and (6) that the report be otherwise noted. Councillor McPake, prior to consideration of the following item of business, having declared a connection by virtue of being a Board Member of Scotland Excel, further declared that he considered that the interest was so sufficiently remote that it did not preclude his participation in consideration of the matter.
Page 45
HOUSING - 10 MAY 2023 45 NEW HOUSING SUPPLY PROGRAMME - PROCUREMENT UPDATE 5. With reference to paragraphs 9 and 21 of the Minutes of the meetings of the former Housing and Regeneration Committee held on 25 November 2020, and 8 September 2021 respectively, there was submitted a report by the Chief Officer (Place) (1) providing an update on current procurement activity relating to the New Build Programme; (2) advising that using the Scottish Procurement Alliance (SPA) New Build Housing Construction H2 (Scotland) Framework, the Council had obtained feasibility costs from McTaggart Construction for the projects at (a) Thorn Road, Bellshill, for 26 units, and at a revised value of £5.30m, including a contingency allowance, and (b) Airdriehill Road, Airdrie, for 65 units, and at a revised value of £15.6m, including a contingency allowance; (3) proposing that the contracts for the projects at Thorn Road, Bellshill, and Airdriehill Road, Airdrie be awarded to McTaggart Construction, subject to the Council acquiring the sites and securing planning permission; (4) informing that the next batch of sites would be reviewed, and a suitable procurement route would be identified to progress the projects to deliver new build housing to align with The Plan for North Lanarkshire. Decided: (1) that the award of call-off contracts in line with the SPA New Build Housing Construction H2 (Scotland) Framework for the construction of New Build Housing at Thorn Road, Bellshill for 26 units to McTaggart Construction, at the revised value of £5.30m, including a contingency allowance, be approved; (2) that the award of call-off contracts in line with the SPA New Build Housing Construction H2 (Scotland) Framework for the construction of New Build Housing at Airdriehill Road, Airdrie for 65 units to McTaggart Construction, at the revised value of £15.6m, including a contingency allowance, be approved, and (3) that the report be otherwise noted. HOUSING OUTLINE HRA CAPITAL PROGRAMME 2023/24 6. With reference to paragraph 4 of the Minute of the meeting of the former Housing and Regeneration Committee held on 16 February 2022 when, inter alia, approval had been given to the HRA Capital Programme for 2022/23, there was submitted a report by the Chief Officer (Housing Property Services) (1) seeking approval to implement the mainstream HRA Capital Programme (excluding new build) for 2023/24, as detailed within the report and the Appendices to the report, and (2) summarising the up-to-date position regarding (a) the Capital Resources - HRA Programme, and (b) the HRA Capital Programme, with specific reference to Heating; Windows/Door Replacement; Roofing and Rendering; Lead Pipe Replacement; Door Entries; Electrical Work; Kitchens and Bathrooms; The Tower Strategy; The Ambition Programme, and Community Care. Decided: (1) that the HRA Capital Programme for 2023/24, as detailed within the report and Appendix 1 to the report, be approved, and (2) that the report be otherwise noted. STRATEGIC PERFORMANCE FRAMEWORK UPDATES (1) LATEST PERFORMANCE RESULTS FOR HOUSING MANAGEMENT 7. There was submitted a report by the Chief Officer (Housing Management) (1) providing the Committee with an update on the latest results of the Strategic Performance Indicators used by Housing
Page 46
HOUSING - 10 MAY 2023 46 Management to inform service delivery and underpin operational decisions, and (2) attaching, as an Appendix to the report, a high-level performance overview as at 31 March 2023. Decided: that the high-level performance overview, as presented in Appendix 1 to the report and supporting data contained within a linked document, be acknowledged. (2) LATEST PERFORMANCE RESULTS FOR HOUSING PROPERTY SERVICES 8. There was submitted a report by the Chief Officer (Housing Property Services) (1) providing the Committee with an update on the latest results of the Strategic Performance Indicators used by Housing Property Services to inform service delivery and underpin operational decisions, and (2) attaching, as an Appendix to the report, a high-level performance overview as at 31 March 2023. Decided: that the high-level performance overview, as presented in Appendix 1 to the report and supporting data contained within a linked document, be acknowledged. REVENUE BUDGET MONITORING REPORTS (1) HRA REVENUE MONITORING REPORT 9. There was submitted a report by the Chief Officer (Housing Management) (1) providing a summary of the Housing Revenue Account Financial Performance for the period from 1 April 2022 to 3 March 2023 (Period 12); (2) illustrating the projected outturn as at 31 March 2023, with major outturn variances highlighted and explained in accordance with the Council's Financial Regulations, and (3) advising (a) that the Service was currently projecting an underspend of £1.067m for the financial year, and (b) that it was anticipated that £1.849m of savings (100%) would be delivered by the financial year-end. Decided: that the financial position of the HRA Revenue Budget 2022/23 be noted. (2) ENTERPRISE AND COMMUNITIES - REVENUE MONITORING REPORT 10. There was submitted a report by the Depute Chief Executive (1) highlighting the financial performance of the Enterprise and Communities Service for the period from 1 April 2022 to 3 March 2023 (Period 12); (2) illustrating the projected outturn as at 31 March 2023, with major outturn variances highlighted and explained as per the Council's Financial Regulations; (3) advising that the Enterprise and Communities Service was currently forecasting an overspend of £2.380m, as a result of (a) inflationary pressures of £2.652m, which would be offset by a corporate contingency, and (b) the re-allocation of DigitalNL savings to Services of £0.783m, and that the Service continued to work with Business and Digital to progress plans for delivery of savings, and (4) intimating that the Service was also forecasting an underlying underspend of £1.056m, mainly as a result of increased savings from vacancies and additional income. Decided: that the financial position of the 2022/23 Enterprise and Communities Revenue Budget be noted. CAPITAL PROGRAMMES MONITORING REPORTS (1) HRA CAPITAL MONITORING REPORTS - 1 APRIL 2022 TO 3 MARCH 2023 11. There was submitted a report by the Chief Officer (Housing Property Services) (1) reviewing progress towards agreed spending plans within the 2022/2023 HRA Capital Programmes; (2) advising that an
Page 47
HOUSING - 10 MAY 2023 47 overspend of £1.916m was projected for the Mainstream programme due to increased material costs, approved contractor uplifts and the acceleration of a number of programmes, including energy efficiency specific works, to offset contractual risks elsewhere in the programme and to support tenants, due to the increasing energy costs, by improving the thermal efficiency of their homes; (3) intimating that the New Build Programme was projecting an overspend of £5.604m, mainly due to the early availability and purchase of land, and off-the-shelf developments not anticipated in this financial year, with this overspend being partially offset by additional Scottish Government grant, and (4) indicating that, due to a lack of demand within the Council Buy-Back and Mortgage to Rent Schemes, an underspend of £2.206m was projected. Decided: that the financial position of the 2022/2023 HRA Capital Programmes be noted. (2) ENTERPRISE AND COMMUNITIES – CAPITAL MONITORING REPORT 12. With reference to paragraph 4 of the Minute of the meeting of the Policy and Strategy Committee held on 18 March 2021, when, inter alia, the five year Strategic Capital Investment Programme had been approved, there was submitted a report by the Depute Chief Executive (1) highlighting the financial performance of the 2022/2023 Enterprise and Communities Capital Programme for the period from 1 April 2022 to 3 March 2023 (Period 12); (2) advising that the Service had a total Capital Budget of £133.810m, and that, at this stage in the financial year, the Service was currently reporting an in-year underspend of £14.934m which would be carried forward to 2023/2024, to reflect when the expenditure would be incurred, and (3) providing further explanation of project variances and management action taken by the Service, as set out in the report and the attached Appendices. Decided: that the financial position of the 2022/2023 Enterprise and Communities Capital Programme be noted. CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 13. There was submitted a report by the Chief Officer (Assets and Procurement) intimating that the contracts highlighted within Appendix 1 to the report had been awarded by him in accordance with the General Contract Standing Orders during the period from 1 January to 31 March 2023. Decided: (1) that the contracts awarded by the Chief Officer (Assets and Procurement) in the reported period from 1 January to 31 March 2023 be noted, and (2) that the report be otherwise noted.
Page 48
ENTERPRISE AND FAIR WORK - 12 MAY 2023 48 12 May 2023 at 10 am. A Meeting of the ENTERPRISE AND FAIR WORK COMMITTEE PRESENT Councillor Khan, Convener; Councillor Patton, Vice-Convener; Councillors Bustard, Docherty, Duffy, Dunbar, Hume, Jarvie, Leckie, Logue, Magowan, Masterton, McNally, McPake, Nolan, Robb, Robinson, Smith, Sullivan, Toner and Williams. ALSO PRESENT In accordance with Standing Order 64(A) Councillor Kelly attended as a substitute for Councillor Stevenson. CHAIR Councillor Khan (Convener) presided. IN ATTENDANCE Chief Officer (Place); City Deal Manager; Enterprise Manager; Business Manager – Employability Support and Skills Development; Finance Manager; Project Development Manager, and Democratic Services Manager. APOLOGIES Councillors Stevenson and Watson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Logue, by virtue of being a member of the City Deal Cabinet, declared a connection amounting to a declarable interest in respect of paragraph 2 and further declared that he believed the interest was so sufficiently remote that it did not preclude his participation in the consideration of the item. Councillor Khan, by virtue of being Chair of North Lanarkshire Enterprise Network, declared a connection amounting to a declarable interest in respect of paragraph 8 and subsequently left the meeting during consideration of that item. Councillors McPake and Smith, by virtue of being members of SPT, each declared a connection amounting to a declarable interest in respect of paragraph 9 and further declared that they believed their interest was so sufficiently remote that it did not preclude their participation in the consideration of the item. Councillors Duffy and Patton, by virtue of being members of Routes to Work Limited, each declared a connection amounting to a declarable interest in respect of paragraph 12 and subsequently left the meeting during consideration of the item. Councillor Sullivan, by virtue of being a member of Fusion Assets Limited, declared a connection amounting to a declarable interest in respect of paragraph 13 and further declared that he believed the interest was so sufficiently remote that it did not preclude his participation in the consideration of the item. Councillor Logue, prior to consideration of the following item of business, having declared a connection by virtue of being a member of the City Deal Cabinet, further declared that he believed that
Page 49
ENTERPRISE AND FAIR WORK - 12 MAY 2023 49 the connection was so sufficiently remote that it did not preclude his participation in consideration of the matter. CITY DEAL UPDATE REPORT 2. There was submitted a report by the Chief Officer (Place) (1) outlining the North Lanarkshire City Deal Programme Update, and (2) advising of the current status and recent progress of each of the North Lanarkshire City Deal Infrastructure sub-projects being undertaken by the Council. The Committee viewed a video presentation in relation to the installation of a new bridge over the West Coast main railway line. Decided: that the contents of the report, including the progress made in the North Lanarkshire City Deal Infrastructure sub-projects, be noted. COMMUNITY WEALTH BUILDING UPDATE 3. There was submitted a report by the Chief Officer (Place) (1) outlining the background to Community Wealth Building as an approach to economic development, and improving outcomes for and empowering communities; (2) detailing opportunities and the proposed approach to Community Wealth Building that may be applied in North Lanarkshire through the establishment of a Community Wealth Building Commitment Statement, and (3) setting out the associated development, implementation actions and timelines. Decided: (1) that the proposed approach to Community Wealth Building in North Lanarkshire, the establishment of a Commitment Statement and associated development and implementation actions be noted, and (2) that the contents of the report be otherwise noted. BUSINESS GRANTS UPDATE 4. There was submitted a report by the Chief Officer (Place) (1) seeking approval to establish a Business Start-Up Fund, a Small Business and Self Employment Support Fund, and a Business Growth Fund, part funded by the Council's allocation for the UK Shared Prosperity Fund (UKSPF), remaining Local Authority Covid Economic Recovery Fund (LACER) and North Lanarkshire's Recovery Fund, and (2) detailing proposals to use UKSPF funding to establish bespoke business start-up and growth support for under -represented groups in North Lanarkshire, including women and Black, Asian and other Minority Ethnic (BAME) people and communities. Decided: (1) that the proposals to establish a Business Start-Up Fund, a Small Business and Self Employment Support Fund, and a Business Growth Fund be approved; (2) that the proposals to deliver targeted entrepreneurial support for women and BAME people and communities be approved, and (3) that the contents of the report be otherwise noted.
Page 50
ENTERPRISE AND FAIR WORK - 12 MAY 2023 50 PARENTAL EMPLOYMENT SUPPORT 5. There was submitted a report by the Chief Officer (Education – South) (1) advising that the Scottish Government had indicated a significant increase in funding for parental employment support to be made available in 2023/24 as part of its measures to address child poverty; (2) intimating that the Council, in its role as Lead Accountable Body and Chair of the Local Employability Partnership, would have a key part to play in the delivery and design of employability programmes that would utilise the funding; (3) informing that the expected increase in funding would compliment and enhance existing strategies and programmes of work, and (4) detailing that work is underway to develop a Parental Employment Investment Plan for 2023/24 to be submitted to the Scottish Government in return for the increase in funding. Decided: (1) that the increase in funding for parental employment support be noted, and (2) that the development of a Parental Employment Investment Plan for 2023/24 be approved. UK SHARED PROSPERITY FUND - EMPLOYABILITY 6. There was submitted a report by the Chief Officer (Education – South) (1) seeking approval for the delivery of employability programmes within the People and Skills theme of the UK Shared Prosperity Fund (UKSPF); (2) reminding Committee that the UKSPF replaces the European Union Structural Fund, which ends in June 2023; (3) informing that the Council had been allocated £13.871m from the UK SPF to deliver projects across four key themes for spend between 2022/23 and 2024/25, subject to approval of a UK SPF investment plan, and (4) outlining proposed employability projects within the People and Skills theme. Decided: that the delivery of the employability programmes within the People and Skills theme of the UK Shared Prosperity Fund be approved. TOURISM STRATEGY UPDATE REPORT 7. There was submitted a report by the Chief Officer (Place) (1) informing of activity and progress relating to the actions identified in the North Lanarkshire Tourism Strategy and Action Plan 2022/26; (2) providing an update on the tourism marketing activity led by the Council's Corporate Communications Team supported by Enterprise Teams from North and South Lanarkshire Councils; (3) proposing projects be taken forward through interventions identified within the UK Shared Prosperity Fund that align to the action plan, tourism marketing and the growth and development of the Sector, and (4) informing that the updated Action Plan details activity that had taken place during the first year of the strategy. Decided: (1) that the progress with delivery of the North Lanarkshire Tourism Strategy and Action Plan 2022/26 be noted, and (2) that the proposed use of the UK Shared Prosperity Fund to help support tourism marketing and deliver a Tourism Challenge Fund be approved. Councillor Khan, prior to consideration of the following item of business, having declared a connection by virtue of being Chair of North Lanarkshire Enterprise Network, left the meeting during consideration of the meeting.
Page 51
ENTERPRISE AND FAIR WORK - 12 MAY 2023 51 Councillor Khan vacated the Chair. Councillor Patton assumed the Chair. SOCIAL ENTERPRISE FRAMEWORK ACTION PLAN UPDATE 8. There was submitted a report by the Chief Officer (Place) (1) informing of activity and progress relating to the actions in the North Lanarkshire Social Enterprise Framework and Action Plan 2021/26; (2) highlighting key achievements arising following an update of the Action Plan for the period 2022/23; (3) advising that the UK Shared Prosperity Fund (UKSPF) Investment Plan identified funding through intervention, and (4) seeking approval for the UKSPF activity to deliver social enterprise development support in North Lanarkshire. Decided: (1) that the UKSPF activity to deliver Social Enterprise Development support in North Lanarkshire be approved, and (2) that the status of recent progress of the North Lanarkshire Social Enterprise Framework and Action Plan 2021/26 be noted. Councillor Khan resumed the Chair. Councillors McPake and Smith, prior to consideration of the following item of business having declared a connection by virtue of being members of SPT, further declared that they believed that they considered the connection so sufficiently remote that it did not preclude their participation in consideration of the matter. EXTERNAL FUNDING UPDATE 9. There was submitted a report by the Chief Officer (Place) (1) providing an update on progress made in developing and securing external funding for physical regeneration and economic development projects across North Lanarkshire; (2) intimating that the Council had been successful in the UK Government Levelling Up Fund Grant to acquire The Centre, Cumbernauld, demolish Fleming House, and was working to secure funding for associated traffic management which would be submitted later in 2023; (3) informing of an increase in, and the reallocation of, European Regional Development Fund monies to provide increased grant funding for businesses; (4) outlining updated arrangements for distributing the Council’s UK Shared Prosperity Fund allocation; (5) detailing the submission of a final Green Growth Accelerator Business Case for the low carbon re-development of Strathclyde Park for Scottish Government approval; (6) confirming that a final decision is awaited on the Council’s funding bid for the heritage-led regeneration of Airdrie; (7) summarising the submission of a bid to the National Lottery Heritage Fund for the development of Summerlee Museum of Scottish Industrial Life; (8) reporting the progress in developing funding bids for the Vacant and Derelict Land Investment Programme, and (9) advising of the allocation of funds set out in the Council’s Vacant and Derelict Land Fund Local Delivery Plan. Decided: that the update on the progress made in developing and securing external funding for physical regeneration and economic development projects across North Lanarkshire be noted.
Page 52
ENTERPRISE AND FAIR WORK - 12 MAY 2023 52 STRATEGIC PERFORMANCE FRAMEWORK – LATEST PERFORMANCE RESULTS FOR PLACE 10. There was submitted a report by the Chief Officer (Place) (1) providing an update on the latest results of the Strategic Performance Indicators used by Place, and (2) attaching, as an Appendix to the report, a high level performance overview as at 31 March 2023. Decided: that the high level performance overview, as presented within Appendix 1 to the report and supporting data contained within the linked documents, be noted. STRATEGIC PERFORMANCE FRAMEWORK – LATEST PERFORMANCE RESULTS FOR EMPLOYABILITY 11. There was submitted a report by the Chief Officer (Education – South) (1) providing an update on the latest results of the Strategic Performance Indicators used by Employability, and (2) attaching, as an Appendix to the report, a high level performance overview as at 31 March 2023. Decided: that the high level performance overview, as presented within Appendix 1 to the report and supporting data contained within the linked documents, be noted. Councillors Duffy and Patton, prior to consideration of the following item of business, each having declared a connection by virtue of being a member of Routes to Work Limited, left the meeting during consideration of the item. ROUTES TO WORK LIMITED – PERFORMANCE AND FINANCE REPORT 12. There was submitted a report by the Chief Officer (Education – South) (1) detailing the performance of Routes to Work Limited against its charitable objectives and the Council priorities from Quarter 2 2021/2022 to Quarter 3 2022/2023; (2) outlining the financial performance of Routes to Work Limited for Quarter 2 2021/2022 to Quarter 3 2022/2023, and (3) highlighting wider achievements during that period. Decided: that the Routes to Work Limited operational and financial performance for Quarter 2 2021/2022 to Quarter 3 2022/2023, along with wider achievements during that period, be noted. Councillor Sullivan, prior to consideration of the following item of business, having declared a connection by virtue of being a member of Fusion Assets Limited, further declared that he believed that he considered the connection so sufficiently remote that it did not preclude his participation in consideration of the matter. FUSION ASSETS LIMITED – PERFORMANCE MONITORING REPORT TO 31 MARCH 2023 AND FINANCIAL PERFORMANCE 2022/23 13. There was submitted a report by the Chief Officer (Place) (1) summarising the performance of Fusion Assets Limited during 2022/23 (up to 31 March 2023), as detailed within Appendix 1 to the report; (2) outlining the financial performance of Fusion Assets Limited from 1 April to 31 December 2022 and the overall current financial standing; (3) informing of key highlights achieved during 2022/23, and (4) advising of work being undertaken to review the existing company Articles of Association.
Page 53
ENTERPRISE AND FAIR WORK - 12 MAY 2023 53 Decided: (1) that the operational targets set for Fusion Assets during 2022/23, and performance against these to 31 March 2023, as outlined within Appendix 1, be noted; (2) that the financial performance of Fusion Assets from 1 April to 31 December 2022 and its overall current financial standing and future financial projections, as detailed within the report, be noted; (3) that the key highlights achieved during 2022/23 be noted; (4) that the work being undertaken to review the existing company Articles of Association be noted, and (5) that it be noted, that a further report, detailing the proposed changes to the Articles of Association, be submitted to a future meeting of the Committee.
Page 54
REGULATORY - 16 MAY 2023 54 Motherwell, 16 May 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Ballinger, Beveridge (paragraphs 1-7 only), Dunbar, Fisher, Hughes, Robb, Shevlin (paragraphs 1-9 only) and Thomas. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Principal Solicitor and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE In respect of paragraph 4 – Civic Licensing Standards Officer, Legal and Democratic Solutions. APOLOGIES Councillors Docherty and Watson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Robb, by virtue of having submitted an objection to the application, declared a connection amounting to a declarable interest in respect of paragraph 4 – Street Trader's Employers (Static Site) Licence – New Application, and left the meeting during consideration of the item. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) LATE HOURS CATERING LICENCE - NEW APPLICATIONS (a) IRFAN AHMED PER EURO GARAGES LIMITED, MOTHERWELL SERVICE STATION, ASDA ON THE MOVE, FLEMINGTON INDUSTRIAL PARK, 16 CRAIGNEUK STREET, MOTHERWELL 2. There was submitted an application by Irfan Ahmed per Euro Garages Limited for a Late Hours Catering Licence in respect of premises at Motherwell Service Station, Asda on the Move, Flemington Industrial Park, 16 Craigneuk Street, Motherwell – Monday to Sunday from 11 pm until 5 am. The Committee then heard the applicant's agent, Stephen McGowan, TLT LLP, Solicitors, who was accompanied by Danielle Frame, Area Manager, Euro Garages Limited and Day to Day Manager of Motherwell Service Station, speak in respect of the application. Thereafter, Stephen McGowan and Danielle Frame withdrew from the meeting and the Committee resumed consideration of the matter.
Page 55
REGULATORY - 16 MAY 2023 55 Stephen McGowan and Danielle Frame were then re-admitted to the meeting. Decided: that the application by Irfan Ahmed per Euro Garages Limited for a Late Hours Catering Licence in respect of premises at Motherwell Service Station, Asda on the Move, Flemington Industrial Park, 16 Craigneuk Street, Motherwell – Monday to Sunday from 11 pm until 5 am be granted. (b) ESJ RESTAURANTS LIMITED, McDONALDS, CRAIGLINN PARK ROAD, CUMBERNAULD 3. There was submitted an application by ESJ Restaurants Limited for a Late Hours Catering Licence in respect of premises at McDonalds, Craiglinn Park Road, Cumbernauld – Monday to Sunday from 11 pm until 5 am. The Committee then heard the Principal Solicitor advise that, for the reasons narrated, that consideration of the application required to be continued until a future date. Decided: that consideration of the application by ESJ Restaurants Limited for a Late Hours Catering Licence in respect of premises at McDonalds, Craiglinn Park Road, Cumbernauld – Monday to Sunday from 11 pm until 5 am be continued until a future date. Councillor Robb, prior to consideration of the following item of business, by virtue of having submitted an objection to the application, declared a connection amounting to a declarable interest, and left the meeting during consideration of the item. (2) STREET TRADER'S EMPLOYERS (STATIC SITE) LICENCE - NEW APPLICATION 4. There was submitted (1) an application by Satnam Singh for a Street Trader's Employers (Static Site) Licence to enable him to trade from a static clothes stall located on Merry Street, Motherwell, Monday to Saturday from 9 am to 4 pm; (2) two objections to the application received from Councillor Magowan and Councillor Robb, local Elected Members, and (3) a report by the Civic Licensing Standards Officer providing an overview on the matter. The Committee then heard Councillor Robb, in his capacity as a local member, outline his objection to the application, and Satnam Singh's representative, Margaret Stephen, speak in support of the application. Thereafter, Satnam Singh, Margaret Stephen, Councillor Robb and the Civic Licensing Standards Officer withdrew from the meeting and the Committee resumed consideration of the matter. Satnam Singh, Margaret Stephen, Councillor Robb and the Civic Licensing Standards Officer were then re-admitted to the meeting. Decided: that the application by Satnam Singh for a Street Trader's Employers (Static Site) Licence be refused. (3) TAXI OPERATOR'S LICENCE AND PRIVATE HIRE CAR OPERATOR'S LICENCE - RENEWALS (a) MATTHEW STRAIN 5. There was submitted an application by Matthew Strain for the renewal of his Taxi Operator's Licence. The Principal Solicitor then advised the Committee that Matthew Strain did not have an age compliant vehicle in accordance with the Council's vehicle specification.
Page 56
REGULATORY - 16 MAY 2023 56 The Committee then heard Matthew Strain speak in respect of the application for the renewal of his Taxi Operator's Licence. Thereafter, Matthew Strain withdrew from the meeting and the Committee resumed consideration of the matter. Matthew Strain was then re-admitted to the meeting. Decided: that the application by Mathew Strain for the renewal of his Taxi Operator's Licence be granted for a period of 12 months, effective from 30 April 2023. (b) MARGARET SADLER 6. There was submitted an application by Margaret Sadler for the renewal of her Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Margaret Sadler did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Margaret Sadler speak in respect of the application for the renewal of her Private Hire Car Operator's Licence. Thereafter, Margaret Sadler withdrew from the meeting and the Committee resumed consideration of the matter. Margaret Sadler was then re-admitted to the meeting. Decided: that the application by Margaret Sadler for the renewal of her Private Hire Car Operator's Licence be granted for a period of 12 months, effective from 28 February 2023. (c) TOM FERGUSON 7. There was submitted an application by Tom Ferguson for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Tom Ferguson did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Tom Ferguson speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Tom Ferguson withdrew from the meeting and the Committee resumed consideration of the matter. Tom Ferguson was then re-admitted to the meeting. Decided: that the application by Tom Ferguson for the renewal of his Private Hire Car Operator's Licence be granted for a period of 30 months, effective from 30 April 2023. (d) OSAS ANTHONY IMAGHODOR 8. There was submitted an application by Osas Anthony Imaghodor for the renewal of his Private Hire Car Operator's Licence.
Page 57
REGULATORY - 16 MAY 2023 57 The Principal Solicitor then advised the Committee that Osas Anthony Imaghodor did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Osas Anthony Imaghodor speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Osas Anthony Imaghodor withdrew from the meeting and the Committee resumed consideration of the matter. Osas Anthony Imaghodor was then re-admitted to the meeting. Decided: that the application by Osas Anthony Imaghodor for the renewal of his Private Hire Car Operator's Licence be granted for a period of 18 months, effective from 30 April 2023. (e) PATRICK MICHAEL WALSH 9. There was submitted an application by Patrick Michael Walsh for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Patrick Michael Walsh did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Patrick Michael Walsh speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Patrick Michael Walsh withdrew from the meeting and the Committee resumed consideration of the matter. Patrick Michael Walsh was then re-admitted to the meeting. Decided: that the application by Patrick Michael Walsh for the renewal of his Private Hire Car Operator's Licence be granted for a period of 12 months, effective from 30 April 2023. (f) RYAN BAXTER PER LANARKSHIRE PRIVATE HIRE, T/A PENNY CARS 10. There was submitted two applications by Ryan Baxter per Lanarkshire Private Hire, T/A Penny Cars for the renewal of the company's Private Hire Car Operator's Licences. The Principal Solicitor then advised the Committee that Penny Cars did not have age compliant vehicles in accordance with the Council's vehicle specification. The Committee then heard Ryan Baxter speak in respect of the applications for the renewal of the company's Private Hire Car Operator's Licences. Thereafter, Ryan Baxter withdrew from the meeting and the Committee resumed consideration of the matter. Ryan Baxter was then re-admitted to the meeting. Decided: that the applications by Ryan Baxter per Lanarkshire Private Hire, T/A Penny Cars for the renewal of the company's Private Hire Car Operator's Licences be granted for a period of 18 months, effective from 31 March 2023.
Page 58
ADULT CARE AND SOCIAL WORK - 16 MAY 2023 58 16 May 2023 at 2 pm. A Meeting of the ADULT CARE AND SOCIAL WORK COMMITTEE PRESENT Councillor M. McCulloch, Convener; Councillor Boyd, Vice-Convener; Councillors Barclay, Burgess, Bustard, Cairns, Costello, Goldie, Hughes, Jarvie, Jones, Kelly, Keltie, B. McCulloch, McKendrick, McPhilemy, L. Stubbs, Toner, Williams, Wilson and Woods. CHAIR Councillor M. McCulloch (Convener) presided. IN ATTENDANCE Chief Social Work Officer (Children, Families, Justice and Integrated Practice); Chief Officer (Health and Social Care); Acting Chief Officer (Planning, Performance and Quality Assurance); Health and Social Work Manager; Business Finance Manager and Democratic Services Manager. APOLOGIES Councillor McVey. Prior to the commencement of business, the Convener indicated that he had agreed an additional item of business would be considered at the meeting in relation to Charges for Non-Residential Services, Community Alarms, Meals Provision, Independent Sector Care Homes and Respite Care and that, in accordance with Standing Order 15, in his opinion the matter was relevant, competent and urgent. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations. COMMUNITY ALARM ANALOGUE TO DIGITAL TRANSITION AND SERVICE REVIEW UPDATE 2. There was submitted a report by the Chief Officer (Adult Social Work Services) (1) providing an update on the current position of the Community Alarm Service; (2) detailing the drivers for undertaking a review of the service; (3) summarising the work that had been undertaken during the review, including the review of co-dependent services, particularly Home Support Out of Hours Provision, Social Work Emergency Services and Registered Social Landlords, and the activities to ensure a seamless transition from the analogue to digital infrastructure, and (4) setting out the current and future financial positions of the Service in relation to charging. Decided: (1) that the contents of the report be noted; (2) that the work being undertaken to ensure a seamless transition from analogue to digital, and the work to date, be noted;
Page 59
ADULT CARE AND SOCIAL WORK - 16 MAY 2023 59 (3) that the progress to date, and work ongoing relating to the Community Alarm Service review, including the review of co-dependent services, highlighting Home Support Out of Hours Provision, Social Work Emergency Services and Registered Social Landlords, be noted; (4) that the current and future positions in respect of charging for the service be noted, and (5) that recommendations from the review be reported to a future meeting of the Committee. DELIVERING FOR COMMUNITIES – ENGAGEMENT AND PARTICIPATION 3. There was submitted a report by the Chief Officer (Planning, Performance and Quality Assurance) (1) providing an update on progress to date on the review of the Engagement and Participation Model; (2) proposing to increase the allocation of funding to local provider organisations in order to facilitate, support and promote increased active participation across the community; (3) providing a breakdown of the remit of an active participation and co-ordination to be hosted by one lead organisation; (4) informing of the intention to reinvest the current resourcing that supports engagement and participation, augmenting this from the Self-Directed Support (SDS) Transformational Programme, to support the activity; (5) advising that, to ensure the Council continues to build upon engagement and participation work to date, it is intended to have new arrangements in place from July 2023, and (6) seeking approval to implement a revised model for resourcing Engagement and Participation. Decided: that the revised model, as detailed within the report, be approved. ADULT SOCIAL CARE PAY UPLIFT 2023/24 4. There was submitted a report by the Chief Officer (Planning, Performance and Quality Assurance) (1) providing details of the distribution of the 2023/24 Adult Social Care pay uplift following agreement by COSLA leaders; (2) detailing that the uplift to £10.90 per hour would be delivered in the same manner as the previous uplift, delivered in April 2022; (3) setting out the focused approach in North Lanarkshire, through the Self-Directed Support (SDS) model, and (4) highlighting concerns and challenges the uplift may bring to other providers within North Lanarkshire. Decided: (1) that the Scottish Living Wage uplift be approved; (2) that the outcome focused approach in North Lanarkshire, through the Self-Directed Support (SDS) model, be noted, and (3) that it be noted that feedback will be provided to the Scottish Government highlighting the potential risks and challenges facing providers. ADULT SOCIAL CARE PERFORMANCE REPORT QUARTER 3 2022/23 5. There was submitted a report by the Chief Officer (Health and Social Care) (1) providing an update on the performance of key areas of activity within Adult Health and Social Care for the period 1 October to 31 December 2022 (Quarter 2), and (2) highlighting, within Appendix 2 to the report, areas for improvement and planned actions. Decided: (1) that the areas for improvement and planned actions, as detailed within Appendix 2 to the report, be noted, and (2) that the performance of key areas of activity, as detailed within Appendix 1 to the report, be noted.
Page 60
ADULT CARE AND SOCIAL WORK - 16 MAY 2023 60 REVENUE AND CAPITAL BUDGET MONITORING REPORT: ADULT SOCIAL CARE PERIOD 12: 1 APRIL 2022 TO 3 MARCH 2023 6. There was submitted an amended report by the Chief Officer (Planning, Performance and Quality Assurance) providing a summary of the revenue financial performance of the Health and Social Care Partnership, and North Lanarkshire (Adult Social Care and Housing), and the capital financial performance of the Social Work Programme (1) incorporating the period 1 April to 3 March 2023 (Accounting Period 12), and (2) including the projected outturn forecast for the financial year ending on 31 March 2023, with major outturn variances highlighted and explained as per the Council’s Financial Regulations. Decided: (1) that the Revenue financial outturn position be noted, and (2) that the Capital financial outturn position be noted. THE CONVENER HAD AGREED THAT THE FOLLOWING ITEM OF BUSINESS BE CONSIDERED AS, IN ACCORDANCE WITH STANDING ORDER 15, IN HIS OPINION THE MATTER WAS RELEVANT, COMPETENT AND URGENT. CHARGES FOR NON-RESIDENTIAL SERVICES, COMMUNITY ALARMS, MEALS PROVISION, INDEPENDENT SECTOR CARE HOMES AND RESPITE CARE 7. There was submitted a report by the Chief Officer (Health and Social Care) (1) setting out, within the report, the charging levels to be applied for non-residential services, community alarms, meals provision, independent sector care homes and respite care in 2023/24; (2) informing that the Council’s Charging Policy had been updated for 2023/24 to reflect the new rates; (3) summarising that the charges for 2023/24 would remain at the 2021/22 rate, and not increased by the CPI % rate set in January 2023, and (4) detailing uplifts in respect of charges for residential respite and free personal and nursery care. Decided: (1) that it be noted that the threshold figure for payment of home support charges, is set at £252 for single people and £384 for couples; (2) that it be noted that the hourly rate for home support is £18.20; (3) that it be noted that the daily rate for attending an integrated day service is £10; (4) that it be noted that the weekly rate for a community alarm is £3.40; (5) that it be noted that the charge for meals provided in day services is £5.15; (6) that the implementation of the interim increase to Independent Sector Care Home fees as negotiated via COSLA, Scottish Care and the Scottish Government be noted; (7) that an uplift in charges for residential respite in line with increases in pensions and allowances be noted, and (8) that it be noted that free personal care and nursing care will rise from £212.85 to £233.10 and from £95.80 to £104.90 respectively.
Page 61
ADULT CARE AND SOCIAL WORK - 16 MAY 2023 61 CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 8. There was submitted a report by the Chief Officer (Asset and Procurement) providing, within an Appendix to the report, details of two contracts, which had been awarded by him, under delegated authority, for works over £50,000 but less than £500,000 in value during the period 1 January to 31 March 2023. Decided: that the report be noted.
Page 62
EDUCATION, CHILDREN AND FAMILIES - 23 MAY 2023 62 23 May 2023 at 2 pm. A Meeting of the EDUCATION, CHILDREN AND FAMILIES COMMITTEE PRESENT Councillor Campbell, Convener; Councillor Duffy-Lawson, Vice-Convener; Councillors Ashraf, Ballinger, Barclay, Boyd, Brannan-McVey, Bustard, Carragher, Costello, Currie, Dunbar, Fotheringham, Hughes, D. Johnston, T. Johnston, Jones, Kelly, Keltie, Larson, Loughran, Magowan, Masterton, B. McCulloch, McKay, McPake, Mitchell, Stevenson, A. Stubbs, Toner and Woods; Mr. G. McCormack, Mr. G. Paterson, Ms. M. McCrossan and Mr. I. Scott. ALSO PRESENT In accordance with Standing Order 64(A) Councillors McPhilemy and Nolan attended as substitutes for Councillors Khan and Wilson respectively. CHAIR Councillor Campbell (Convener) presided. IN ATTENDANCE Chief Officer (Education – North); Chief Officer (Education – South); Chief Officer (Education, Families, Justice and Integrated Practice); Senior Education and Families Manager (Social Work); Business Finance Manager; Education and Families Manager, and Democratic Services Manager. APOLOGIES Councillors M. Coyle, Khan, McKendrick, McVey and Wilson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations. The Convener used her discretion to vary the order of business as hereinafter minuted. COMMUNITY ASSET TRANSFER REQUEST - CUMBERNAULD COTTAGE TRUST 2. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) advising of a Community Asset Transfer (CAT) request relating to the former Cumbernauld Theatre; (2) summarising the assessment of the request against the approved criteria; (3) enclosing, within Appendix 2 of the report, a copy of the full assessment findings, and (4) recommending that the request for a Community Asset Transfer for the former Cumbernauld Theatre be rejected, as outlined within the report. Councillor Campbell, seconded by Councillor Duffy-Lawson, moved as a motion that the report be approved. Councillor T. Johnston, seconded by Councillor Barclay, moved as an amendment that recommendation 2 be amended to grant the request for a Community Asset Transfer for the former Cumbernauld Theatre.
Page 63
EDUCATION, CHILDREN AND FAMILIES - 23 MAY 2023 63 Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called:- 18 Members voted for the motion as follows:- Councillors Boyd, Brannan-McVey, Bustard, Campbell, Costello, Currie, Duffy-Lawson, Dunbar, Jones, Kelly, Loughran, B. McCulloch, McKay, McPake, McPhilemy, Nolan, Stevenson and Woods. 15 Members voted for the amendment as follows:- Councillors Ashraf, Ballinger, Barclay, Carragher, Fotheringham, Hughes, D. Johnston, T. Johnston, Keltie, Larson, Magowan, Masterton, Mitchell, A Stubbs and Toner. 18 Members having voted for the motion and 15 Members having voted for the amendment, the motion was accordingly declared carried. Decided: (1) that the detailed assessment of the application relating to the former Cumbernauld Theatre, against approved criteria, be noted, and (2) that the rejection of the application for the Community Asset Transfer of the former Cumbernauld Theatre, as outlined within the Appendices to the report, be approved. 1140 EARLY LEARNING AND CHILDCARE EXPANSION PROGRAMME UPDATE 3. There was submitted a report by the Chief Officer (Education – North) (1) providing an update on the 1140 Hours Early Learning and Childcare (ELC) Expansion Programme; (2) informing of the progress at Heathery Park Family Learning Centre; (3) setting out the position and impact in relation to the budget setting process, where it had been agreed to review the ELC staffing structures and align employee resource to the staffing model; (4) advising that, under delegated authority, a negotiated tender process had been undertaken for the delivery of ELC; (5) outlining the review of the sustainable rate for partner providers from August 2023, taking account of national guidance, and (6) recommending that, from academic session 2023/24, the ELC start date for 3 year olds be changed to the beginning of the term after the child's 3rd birthday. Councillor Campbell, seconded by Councillor Duffy-Lawson, moved as a motion that the report be approved. Councillor A Stubbs, seconded by Councillor Ballinger, moved as an amendment that the report be approved with the exception of recommendations 3 and 6, which should be deleted. Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called:- 18 Members voted for the motion as follows:- Councillors Boyd, Brannan-McVey, Bustard, Campbell, Costello, Currie, Duffy-Lawson, Dunbar, Jones, Kelly, Loughran, B. McCulloch, McKay, McPake, McPhilemy, Nolan Stevenson and Woods,. 15 Members voted for the amendment as follows:- Councillors Ashraf, Ballinger, Barclay, Carragher, Fotheringham, Hughes, D. Johnston, T. Johnston, Keltie, Larson, Magowan, Masterton, Mitchell, A Stubbs and Toner.
Page 64
EDUCATION, CHILDREN AND FAMILIES - 23 MAY 2023 64 3 Members voted to abstain as follows:- M. Clarkson, G. Paterson and G. McCormack. 18 Members having voted for the motion, 15 Members having voted for the amendment and 3 Members having abstained, the motion was accordingly declared carried. Decided: (1) that the 1140 Project Update be noted; (2) that the position of Heathery Park Family Learning Centre, be noted; (3) that the current position in relation to the budget setting process and the impact on ELC be noted; (4) that the negotiated tender process for the delivery of ELC be noted; (5) that the position in regards to the review of the sustainable rate for partner providers from August 2023 be noted, and (6) that, from academic session 2023/24, the ELC start date for 3 year olds be changed to the beginning of the term after the child's 3rd birthday. HEALTH AND WELLBEING 4. There was submitted a report by the Chief Officer (Education – North) (1) providing an update on the progress of the implementation and development of the Roadmap to Recovery Mental Health and Wellbeing Plan; (2) detailing the outputs and the outcome measures from work carried out through the Roadmap to Recovery; (3) incorporating a number of factors into the Plan that are considered significant for improving health and wellbeing, and (4) setting out a range of developments and the measures of impact including actions to improve attendance, and the provision of approaches to develop supportive relationships and positive mental health and wellbeing. Decided: that the contents of the report be noted. SCHOOL HOLIDAY CONSULTATION 5. There was submitted a report by the Chief Officer (Education – North) (1) advising of a consultation being undertaken on proposals to reduce the summer break by one week and adjust other term dates to accommodate; (2) setting out the timeline of the consultation; (3) highlighting particular groups and individuals to whom the opportunity to respond to the consultation had been available; (4) informing that, should the proposals be approved, the implementation would not take place before session 2025/26, and (5) stating that a report on the final outcome be presented to the next meeting of the Committee. Decided: (1) that the approach taken regarding the Council decision to consult on changes to school term dates be noted, and (2) that it be noted that the final outcomes would be presented to the next meeting of the Committee.
Page 65
EDUCATION, CHILDREN AND FAMILIES - 23 MAY 2023 65 DEVELOPING GAELIC LANGUAGE WITHIN NORTH LANARKSHIRE Leasachadh Dealbhadh Gaidhlig ann an Comhairle Shiorrachd Lannraig a Tuath 6. There was submitted a report by the Chief Officer (Education – North) (1) outlining the current levels of joint investment in Gaelic language activity, including Gaelic Medium Education (GME), by the Council and the Scottish Government; (2) detailing the financial position of the current Gaelic programme within North Lanarkshire; (3) setting out the implications for further development of the programme; (4) proposing plans for expansion of Gaelic education within North Lanarkshire, subject to Scottish Government grant funding for session 2023/24; (5) reporting on the impact which issues relating to funding and staff recruitment has on service planning and delivery; (6) recommending the Service write to the Scottish Government to further outline the ambitious plans for GME in North Lanarkshire, already published in the GLP (can you put GLP in full) for 2022/27, and request additional funding to support the plans. Decided: (1) that the proposed plans for the expansion of GME within North Lanarkshire, subject to funding, be approved; (2) that the review of the financial position of the current Gaelic programme and the implications of the further development of the programme be noted; (3) that the impacts which issues relating to funding and staff recruitment have on service planning and delivery be noted, and (4) that the Service writes to the Scottish Government to further outline the ambitious plans for GME in North Lanarkshire, already published in the accepted GLP for 2022/27, and to request additional funding to support the plan. PROGRESS REPORT FOR FUTURE FRIDAYS 7. There was submitted a report by the Chief Officer (Education – South) (1) providing an update on the Future Fridays programme; (2) detailing that the Future Fridays and Enrichment Afternoons aim to provide opportunities for all young people to improve health and wellbeing, build relationships, develop leadership capacity and gain employment and enterprise experiences, and develop skills for learning, life and work; (3) highlighting that, since its inception, attendance rates have risen, with approximately 23% of young people now engaging in the programme each week; (4) outlining the number of schools that surpassed the 2023 Developing the Young Workforce Delivery Plan target; (5) advising of next steps and future plans to enhance attainment, develop skills and increase work related learning opportunities, whilst targeting specific groups of young people, and (6) informing that further progress reports would be brought to future meetings of the Committee. Decided: (1) that the current progress and attendance, accreditation, developing the young workforce and skills building be noted; (2) that further progress reports be submitted to future meetings of the Committee, and (3) that the next steps planned to enhance attainment, develop skills and increase work related learning opportunities, whilst targeting specific groups of young people, be approved.
Page 66
EDUCATION, CHILDREN AND FAMILIES - 23 MAY 2023 66 EMBEDDING THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (UNCRC) 8. There was submitted a report by the Chief Social Work Officer (Education Families, Justice and Integrated Practice) (1) advising of ongoing activity and developments to promote the United Nations Convention on the Rights of the Child (UNCRC) and embed it in practice and systems within North Lanarkshire; (2) detailing the background to the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, passed by the Scottish Parliament in March 2021; (3) outlining, within the report, that the UNCRC is critical to the Council’s ambition to “support all children and young people to realise their full potential”; (4) summarising the role of Elected Members and the Council in supporting, scrutinising and realising children’s rights in North Lanarkshire, and (5) highlighting the key actions and next steps to be undertaken by the Council to realise children’s rights through best practice, culture and system change. Decided: (1) that the actions set out as next steps, detailed within the report, be approved, and (2) that the report be otherwise noted. TOWN AND COMMUNITY HUB DELIVERY PROGRAMME - UPDATE ON PROGRESS OF THE HUB DEVELOPMENT AND DELIVERY PROGRAMME 9. There was submitted a report by the Chief Officer (Asset and Procurement) (1) providing an update on the Town and Community Hub Delivery Programme in line with The Plan for North Lanarkshire and associated Programme of Works, and (2) enclosing, within various Appendices to the report, the current delivery programme, the programme timeline chart, pre-delivery projects and community benefits programme outputs. Decided: that the progress of each of the projects in the current Town and Community Hub Delivery Programme be noted. STRATEGIC PERFORMANCE FRAMEWORK - LATEST PERFORMANCE RESULTS FOR CHILDRENS’ SOCIAL WORK AND PROTECTION 10. There was submitted a joint report by the Chief Social Work Officer (Children, Families, Justice and Integrated Practice) (1) providing an update on the latest results of the Strategic Performance Indicators used by the Children Social Work and Protection Section, and (2) attaching, in Appendix 2 to the report, a high-level performance overview as at 31 March 2023. Decided: that the high-level performance overview, as detailed within Appendix 2 to the report, and the supporting data, as outlined within the report, be approved. REVENUE BUDGET MONITORING REPORT 11. There was submitted a report by the Depute Chief Executive (1) providing a summary of the financial performance of the Education, Children and Families Service for the period 1 April 2022 to 3 March 2023 (Period 12), and (2) illustrating the projected outturn position as at 31 March 2023, with major outturn variances highlighted and explained as per the Council's Financial Regulations. Decided: (1) that the financial position of the Education, Children and Families Revenue Budget be noted, and (2) that the contents of the report be otherwise noted.
Page 67
EDUCATION, CHILDREN AND FAMILIES - 23 MAY 2023 67 CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 12. There was submitted a report by the Chief Officer (Asset and Procurement) notifying the Committee of contracts awarded between 1 January and 31 March 2023 with a value below the financial threshold requiring Committee approval. Decided: that the contracts awarded below the Committee approval threshold between 1 January and 31 March 2023, as per the process within the Council's General Contract Standing Orders, be noted.
Page 68
FINANCE AND RESOURCES - 24 MAY 2023 68 24 May 2023 at 10 am. A Meeting of the FINANCE AND RESOURCES COMMITTEE PRESENT Councillor Fisher, Convener; Councillor B. McCulloch, Vice-Convener; Councillors Bustard, Cairns, Campbell, Carragher, Costello, Currie, Duffy, Dunbar, Fotheringham, D. Johnston, T. Johnston, Kelly, Keltie, Loughran, MacGregor, Masterton, McKay, McNally, McPake, Roarty, Robinson, Stevenson, A. Stubbs, L. Stubbs, and Sullivan. ALSO IN ATTENDANCE In accordance with Standing Order 64(A) Councillors Smith, Hughes and Burgess attended as substitutes for Councillors Mitchell, Robb and Watson respectively. CHAIR Councillor Fisher (Convener) presided. IN ATTENDANCE Chief Officer (Legal and Democratic); Chief Officer (Business and Digital); Chief Officer (People Resources); Chief Officer (Finance); Chief Officer (Assets and Procurement); Business Finance Manager (Resource Solutions); Group Manager (Estates), and Democratic Services Manager. APOLOGIES Councillors Beveridge, S. Coyle, Jones, Logue, Mitchell, Robb and Watson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillors Fisher, Duffy and Sullivan, by virtue of being members of the Board of North Lanarkshire Properties, declared a connection amounting to a declarable interest in respect of paragraph 3 – North Lanarkshire Properties: Re-financing October 2023 - and each left the meeting during consideration of that matter. Councillors Fisher and Duffy, by virtue of being members of the Board of North Lanarkshire Properties, declared a connection amounting to a declarable interest in respect of paragraph 10 – North Lanarkshire Properties: Performance Indicators: 28 July 2022 to 11 January 2023 and Financial Performance as at 6 January 2023 - and each did not participate in consideration of that matter. Councillor McPake, by virtue of being a member of Scotland Excel, declared a connection amounting to a declarable interest in respect of paragraph 16: Contract Awards for Supply and Distribution of: Fresh Meats; Cooked Meats; and Fresh Fish – and further declared that he considered the interest sufficiently remote that it did not preclude his participation in consideration of that matter. MINUTE OF MEETING OF THE JOINT CONSULTATIVE COMMITTEE FOR LOCAL GOVERNMENT EMPLOYEES DATED 21 MARCH 2023 2. There was submitted the Minute of the meeting of the Joint Consultative Committee held on 21 March 2023.
Page 69
FINANCE AND RESOURCES - 24 MAY 2023 69 Decided: that the Minute of the meeting of the Joint Consultative Committee held on 21 March 2023 be approved. Prior to consideration of the following item of business, Councillors Fisher, Duffy and Sullivan, by virtue of being members of the Board of North Lanarkshire Properties, had each declared a connection and left the meeting during consideration of the matter. Councillor B. McCulloch assumed the Chair. NORTH LANARKSHIRE PROPERTIES: RE-FINANCING OCTOBER 2023 3. There was submitted a report by the Chief Officer (Finance) (1) informing the Committee that the Financing Agreement with its current lender, Barclays Bank, for North Lanarkshire Properties LLP, ceases in October 2023 and that a new arrangement requires to be put in place to fund the remaining balance of £33m; (2) detailing that an Arms Length External Organisation (ALEO) service review in 2017/18, revisited in 2019, identified that retaining North Lanarkshire Properties as an externalised service delivery vehicle represented best value for the Council; (3) advising that the company had procured external specialist financial and legal advisers to provide professional expertise, including negotiation on North Lanarkshire Properties' behalf with the banking sector and financial modelling of the re-financing terms duly offered to enable the company to make a fully informed decision and achieve best value for it in terms of its future borrowing requirements; (4) indicating that a funding proposal had been prepared and submitted to six prospective lenders with three lenders having provided provisional loan terms and that work was underway on financial modelling and evaluation of those terms with a view to identifying a preferred lender to progress a formalised loan offer; (5) providing an update on the route to refinancing, and (6) seeking approval for the Chief Officer (Finance) to be provided delegated authority to approve the finalised terms of North Lanarkshire Properties' borrowing on behalf of the Council, in cognisance of the deadline of 31 October 2023 by which the loan agreement and funds must be in place. During consideration of this matter, and following a request from the Committee, the Chief Officer (Finance) committed to bring a report to a future meeting of the Committee, at an appropriate time, providing details of the finalised financing agreement. Decided: (1) that the requirement for North Lanarkshire Properties to progress a re-financing arrangement with an external lender for £33m be acknowledged; (2) that it be acknowledged that the review work undertaken in 2017/18, and revisited in 2019, had identified that retaining North Lanarkshire Properties as an ALEO represented best value for the Council; (3) that the ongoing evaluation of the provisional loan terms be acknowledged, and (4) that authority be delegated to the Chief Officer (Finance) to approve North Lanarkshire Properties’ future borrowing on behalf of the Council, including the appointment of the successful lender and finalised loan agreement terms. Councillor Fisher resumed the Chair. REVENUE MONITORING REPORT COUNCIL SUMMARY - 1 APRIL 2022 TO 3 MARCH 2023 4. There was submitted a report by the Chief Officer (Finance) (1) providing an update on the overall position of the General Fund Account, Housing Revenue Account and Adult Health and Social Care
Page 70
FINANCE AND RESOURCES - 24 MAY 2023 70 for the financial year to 31 March 2023; (2) consolidating the budget monitoring position for all Services, and (3) highlighting and explaining major variances as per the Council's Financial Regulations. Decided: (1) that the financial position of the 2022/23 Revenue Budget be acknowledged, and (2) that the contents of the report be otherwise endorsed. REVENUE BUDGET MONITORING REPORT: CHIEF EXECUTIVE'S AND OTHER CORPORATE SERVICES' - 1 APRIL 2022 TO 3 MARCH 2023 (PERIOD 12) 5. There was submitted a report by the Chief Officer (Finance) (1) providing a summary of the Chief Executive's and other corporate services' financial performance for the period 1 April 2022 to 3 March 2023 (Period 12), and (2) illustrating the provisional outturn as at 31 March 2023, with major outturn variances highlighted and explained as per the Council's approved Financial Regulations. Decided: that the financial position of the 2022/23 Chief Executive's and other corporate services' Revenue Budget be acknowledged. CHIEF EXECUTIVE'S SERVICE - CAPITAL MONITORING REPORT - 1 APRIL TO 3 MARCH 2023 (PERIOD 12) 6. There was submitted a report by the Chief Officer (Finance) highlighting the financial performance and provisional outturn for 2022/23 for the Chief Executive's Service Capital Programme for the period ended 3 March 2023 (Period 12). Decided: that the financial position of the 2022/23 Chief Executive's Service Capital Programme be noted. CAPITAL PROGRAMME 2022/23 MONITORING REPORT 7. There was submitted a report by the Chief Officer (Finance) (1) providing an update on the 2022/23 resources and expenditure for the Council's Strategic Capital Investment Programme, and (2) detailing the 2022/23 projected outturn position and the resultant variances. Decided: that the financial position of the Council's Strategic Capital Investment Programme, as at 3 March 2023, be acknowledged. TREASURY MANAGEMENT MONITORING REPORT FOR QUARTER ENDED 31 MARCH 2023 8. There was submitted a report by the Chief Officer (Finance) (1) fulfilling the key requirements of the Council's reporting procedures for Treasury Management in accordance with the CIPFA Code of Practice on Treasury Management and the CIPFA Prudential Code for Capital Finance in Local Authorities, and (2) detailing the quarterly Treasury Management activity for the period 1 January to 31 March 2023, and compliance with the mandatory treasury and prudential indicators. During consideration of this item of business a request was made by the Committee for training to be delivered for Elected Members on the matter of Treasury Management. The Chief Officer (Finance)
Page 71
FINANCE AND RESOURCES - 24 MAY 2023 71 confirmed that training had previously been offered to Elected Members but that there had been a low take-up and she would arrange for further training to be made available. Decided: that the Treasury Management activity for the Quarter ended 31 March 2023, and the positive performance against the key treasury and prudential indicators, be noted. REVENUES AND BENEFITS UPDATE 9. There was submitted a report by the Chief Officer (Finance) providing an update on performance within the Revenues and Benefits functions of Finance as at 31 March 2023. Decided: that the content of the report be acknowledged. Prior to consideration of the following item of business, Councillors Fisher and Duffy had, by virtue of being members of the Board of North Lanarkshire Properties, each declared a connection with the matter and did not participate in consideration of the matter. Councillor B. McCulloch assumed the Chair. NORTH LANARKSHIRE PROPERTIES LLP - PERFORMANCE INDICATORS: 28 JULY 2022 TO 11 JANUARY 2023 AND FINANCIAL PERFORMANCE AS AT 6 JANUARY 2023 10. There was submitted a report by the Chief Officer (Assets and Procurement) (1) providing details of North Lanarkshire Properties LLP's performance from 28 July 2022 to 11 January 2023; (2) providing an update on significant events and service delivery highlights during the reporting period, and (3) detailing the financial performance for the period from 1 April 2022 to 6 January 2023. Decided: (1) that North Lanarkshire Properties LLP's operational performance against its 2021/22 targets for the period 28 July 2022 to 11 January 2023 be acknowledged; (2) that North Lanarkshire Properties LLP's financial performance during the period from 1 April 2022 to 6 January 2023 be acknowledged, and (3) that the service delivery highlights as detailed within the report be acknowledged. Councillor Fisher resumed the Chair. AMENITY LAND SALES POLICY UPDATE 2023 11. There was submitted a report by the Chief Officer (Assets and Procurement) (1) advising the Committee of proposed changes to the Amenity Land Sales Policy, together with the applicable sales rates; (2) seeking approval of the updated policy, and (3) attaching, as an Appendix to the report, the Amenity Land Sales Policy. Decided: (1) that the contents of the report be acknowledged, and (2) that the Amenity Land Sales Policy be adopted. C
Page 72
FINANCE AND RESOURCES - 24 MAY 2023 72 LEASE OF FORMER WHIFFLET PARK BOWLING CLUB, 11 BUTE STREET, COATBRIDGE, ML5 4HF 12. There was submitted a report by the Chief Officer (Assets and Procurement) (1) seeking approval for a 40-year lease to Burnbank Football Club for refurbishment works to the former pavilion and conversion of the bowling greens into football pitches, and (2) proposing that an additional area of land extending to 719 square metres, as shown on the plan attached to the report, be incorporated within the existing leased area. Decided: (1) that a 40-year lease to Burnbank Football Club, on the terms as detailed within the report, be approved; (2) that the inclusion of the additional area of land within the extent of the area to be leased be acknowledged, and (3) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). PROPOSED SALE OF AMENITY LAND TO THE REAR OF 15 STUART QUADRANT, WISHAW 13. There was submitted a report by the Chief Officer (Assets and Procurement) seeking consent to dispose of the land, as shown on the plan attached to the report, to the owner of the adjacent property at 15 Stuart Quadrant, Wishaw. Decided: (1) that the sale of land adjacent to 15 Stuart Quadrant, Wishaw, on the terms as detailed within the report, be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). CONTRACT AWARD FOR PROGRESS LICENCE AND SOFTWARE MAINTENANCE 14. There was submitted a report by the Chief Officer (Business and Digital) seeking acknowledgement from the Committee of the award of a contract for Progress Licence and Software Maintenance to Progress Software Limited for an initial period of 24 months commencing on 1 April 2023, with the value of the contract not exceeding £184,000, exclusive of VAT. Decided: that the award of the contract to Progress Software Limited at the maximum value of £184,000 be acknowledged. ENTERPRISE CONTRACT - CONTRACT AWARD FOR TECHNICAL AND COMMERCIAL ADVISORY SERVICES 15. There was submitted a report by the Chief Officer (Assets and Procurement) seeking acknowledgement by the Committee of the award of a contract for technical and commercial advisory services to Optimum Professional Solutions Limited, which had been awarded via a Negotiated Tendering Procedure in accordance with General Contract Standing Order 9, with the contract to be for an initial period of six months commencing in February 2023 and with the Council reserving the right to extend the contract for a further period, or periods, of up to 14 months, with the maximum contract period being 20 months and the value of the contract to not exceed £440,000, exclusive of VAT.
Page 73
FINANCE AND RESOURCES - 24 MAY 2023 73 Decided: that the award of the contract to Optimum Professional Solutions Limited, following the completion of a Negotiated Tender Procedure in accordance with General Contract Standing Order 9, at the maximum value of £440,000, exclusive of VAT, be acknowledged. Prior to consideration of the following item of business, Councillor McPake, by virtue of being a member of Scotland Excel, had declared a connection and had further declared that he considered the interest sufficiently remote that it did not preclude his participation in consideration of the matter. CONTRACT AWARDS FOR SUPPLY AND DISTRIBUTION OF: FRESH MEATS; COOKED MEATS; AND FRESH FISH 16. There was submitted a report by the Chief Officer (Assets and Procurement) (1) informing the Committee that Scotland Excel's Multi-Lot Framework Agreement for the Supply and Distribution of Fresh Meats, Cooked Meats and Fresh Fish 0322 was now live, covered the period 1 April 2023 until 31 March 2027, and was available for use by participating members, including the Council; (2) advising that the tender evaluation model used for each Lot on the Framework produced a ranked list of contractors, each of which was scored against Council requirements; (3) seeking approval for three individual call-off contracts to the contractors with the highest tender score (rank 1 position) for the Council's requirements as follows:- Lot 1 Fresh Meat – recommended contractor is McLays Limited, Lot 2 Cooked Meats – recommended contractor is Brake Bros Limited, and Lot 4 Specialised Products – recommended contractor is McLays Limited, and (4) advising that the duration of the contracts would be in line with the Framework and that, based on previous usage and forecasting demand, the Council's anticipated aggregate spend across these contracts would be £2.785m, exclusive of VAT. Decided: (1) that the contract award for Lot 1 – Fresh Meats, to McLays Limited, with an estimated contract value of £1,700,001, exclusive of VAT, be approved; (2) that the contract award for Lot 2 – Cooked Meats, to Brake Bros Limited, with an estimated contract value of £963,996, exclusive of VAT, be approved; (3) that the contract award for Lot 4 – Specialist Products, to McLays Limited, with an estimated contract value of £121,003, exclusive of VAT, be approved, and (4) that it be noted that the recommendations included in the report follow the Framework evaluation scoring, where the contractor recommended for award is in rank 1 position, with their bid being the most economically advantageous tender in terms of cost and quality for the Council. CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 17. There was submitted a report by the Chief Officer (Assets and Procurement) notifying the Committee of contracts awarded between 1 January and 31 March 2023 with a value below the financial threshold requiring Committee approval. Decided: that the contracts awarded below the Committee approval threshold between 1 January and 31 March 2023, as per the process contained within the Council's General Contract Standing Orders, be acknowledged.
Page 74
FINANCE AND RESOURCES - 24 MAY 2023 74 It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 8 and 9 of Part 1 of Schedule 7A of the Act. PROPOSED PURCHASE OF ADDITIONAL HOUSES AT BERTRAMFARM, SHOTTS 18. There was submitted a report by the Chief Officer (Assets and Procurement) seeking consent to acquire an additional two houses at Bertramfarm, Shotts to support the Council's New Housing Supply Programme. Decided: (1) that the purchase of two houses at Bertramfarm, Shotts on the terms as detailed in the report, subject to grant funding approval from the Scottish Government, be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). ACQUISITION OF 55-57 MAIN STREET, COATBRIDGE, ML5 3BA 19. There was submitted a report by the Chief Officer (Assets and Procurement) advising the Committee of the outcome of recently negotiated agreed terms for the acquisition of a retail property at 55-57 Main Street, Coatbridge, ML5 3BA and seeking approval to purchase on that basis. Decided: (1) that the purchase of 55-57 Main Street, Coatbridge, ML5 3BA be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). PROPOSED PURCHASE OF HOUSES AT JOHNSTON ROAD, GARTCOSH 20. There was submitted a report by the Chief Officer (Assets and Procurement) seeking consent to acquire 12 residential properties at Johnston Road, Gartcosh, to support the Council's New Housing Supply Programme. Decided: (1) that the purchase of the 12 residential properties at Johnston Road, Gartcosh on the terms as detailed in the report, be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). PROPOSED SALE OF LAND AT GARRELL ROAD, KILSYTH, G65 9JX 21. There was submitted a report by the Chief Officer (Assets and Procurement) advising the Committee of the outcome of recently negotiated terms of sale for an industrial site at Garrell Road, Kilsyth, G65 9JX and seeking approval to sell on that basis.
Page 75
FINANCE AND RESOURCES - 24 MAY 2023 75 Decided: (1) that the sale of the 2.04 acre site at Garrell Road, Kilsyth, G65 9JX be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). SALE OF LAND AT LIMEKILNS ROAD, BLAIRLINN INDUSTRIAL ESTATE, CUMBERNAULD 22. There was submitted a report by the Chief Officer (Assets and Procurement) seeking consent to sell land of approximately 6,600 square metres (1.63 acres), or thereby, at Limekilns Road, Blairlinn Industrial Estate, Cumbernauld. Decided: (1) that the sale of land at Limekilns Road, Blairlinn Industrial Estate, Cumbernauld, on the terms as detailed within the report, be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). OPTION AND LEASE OF LAND AT BARBLUES BING, HARTHILL 23. There was submitted a report by the Chief Officer (Assets and Procurement) seeking consent to grant an option to lease, and to approve the terms of the lease, for an area of land at Barblues Bing, Harthill. Decided: (1) that the option to lease, and the terms of the lease, as detailed within the report, subject to the land being declared surplus to the Council's requirements, be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement).
Page 76
PLANNING - 25 MAY 2023 76 25 May 2023 at 10 am. A Meeting of the PLANNING COMMITTEE PRESENT Councillor Shevlin, Convener; Councillor Currie, Vice-Convener; Councillors Burgess, Cairns, Jarvie, T. Johnston, Logue, Loughran, McDade, McPake, Robinson, Smith, L. Stubbs and Woods. CHAIR Councillor Shevlin (Convener) presided. IN ATTENDANCE Chief Officer (Place), Planning Manager (North), Planning Manager (South), Communications Officer and Principal Democratic Officer. APOLOGIES Councillors Campbell, M. Coyle, S. Coyle, Docherty, McNally and Robb. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. PLANNING APPLICATIONS INDEX 2. There was submitted a report by the Chief Officer (Place) detailing applications for planning consent. Decided: that the applications be dealt with in accordance with the Annex to this Minute. PLANNING AND ENFORCEMENT NOTICE APPEALS LODGED 3. There was submitted a report by the Chief Officer (Place) advising of two planning and enforcement notice appeals which had been lodged with the Scottish Ministers. Decided: that the report be noted. NOTICE OF PLANNING AND ENFORCEMENT NOTICE APPEAL DECISIONS 4. There was submitted a report by the Chief Officer (Place) advising of one recent decision in respect of planning and enforcement notice appeals. Decided: that the report be noted.
Page 77
PLANNING - 25 MAY 2023 77 ANNEX Application No: 22/00378/FUL Applicant: Grove Retail Limited Development/Locus: Erection of Restaurant (Class 3) with Drive Through, Petrol Filling Station (Sui Generis), with Ancillary Shop (Class 1), Electric Vehicle Charging Points, Car Wash, HGV Wash, Internal Roads, Landscaping and Drainage (with SUDs) - Land South of Junction of Lancaster Avenue and Bellside Road, Chapelhall Decision: Grant Application No: 22/01225/FUL Applicant: Mr John Hannigan Development/Locus: Holiday Lodges (65 Units), Farmhouse, Residential Development (18 Units), Agricultural Building and Road Improvements and Associated Infrastructure - Coathill Farm, Stirling Road, Luggiebank, Cumbernauld Decision: Refuse
Page 78
POLICY AND STRATEGY - 8 JUNE 2023 78 8 June 2023 at 2.00 pm. A Meeting of the POLICY AND STRATEGY COMMITTEE PRESENT Councillor Logue, Convener; Councillor Roarty, Vice-Convener; Councillors Barclay, Beveridge, Brannan-McVey, Campbell, Carragher, Duffy, Goldie, Jones, Larson, Leckie, Loughran, Masterton, McBride, Nolan, Robinson, Smith, Stevenson, A. Stubbs, Sullivan and Watson. ALSO PRESENT In accordance with Standing Order 64(A) Councillor M. McCulloch attended as a substitute for Councillor Kelly. CHAIR Councillor Logue (Convener) presided. IN ATTENDANCE The Chief Executive; Depute Chief Executive; Chief Officer (Health and Social Care); Chief Officer (Finance); Chief Officer (Legal and Democratic); Chief Officer (Business and Digital); Chief Officer (Audit and Risk); Chief Officer (Strategic Communication and Engagement); Chief Officer (People Resources); Chief Officer (Education – North); Chief Officer (Assets and Procurement), and Democratic Services Manager. APOLOGIES Councillor Kelly. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 8. Councillor Carragher, due to a family member assisting with the ASN provision, declared a connection amounting to a declarable interest in respect of paragraph 9 – Club 365 – Review and Summer Proposal Report (2022) – and left the meeting during consideration of this item of business. MINUTE OF MEETING OF THE AUDIT AND SCRUTINY PANEL HELD ON 16 FEBRUARY 2023 9. There was submitted the Minute of the meeting of the Audit and Scrutiny Panel held on 16 February 2023. Decided: that the Minute of the meeting of the Audit and Scrutiny Panel held on 16 February 2023 be approved. FIVE-YEAR MEDIUM TERM FINANCIAL PLAN 2024/25 TO 2028/29 10. There was submitted a report by the Chief Officer (Finance) (1) providing an interim update on the five-year financial forecast; (2) outlining the challenges faced by the Council in maintaining medium term financial stability, whilst achieving its strategic priorities; (3) attaching, as Appendices to the report, scenario illustrations of future financial positions, together with a summary of financial movement since the last Medium Term Financial Plan report; (4) reminding the Committee of a report submitted to the Council at its meeting on 23 February 2023 which had sought agreement to change
Page 79
POLICY AND STRATEGY - 8 JUNE 2023
79
the accounting methodology in respect of existing service concessions (PPP arrangements) which
had resulted in a budget saving of £4.000m and highlighting that, as indicated in the report, because
the change of accounting methodology does not represent a saving over the life of the asset, the
Council would have to ensure that there was adequate budgetary financial provision in the future to
meet all costs which would require financial modelling to be undertaken; (5) indicating that the review
of the PPP financial award had been undertaken to demonstrate affordability and sustainability and
reflects the future changes previously highlighted in respect of implementing the new accounting
standard, with the review confirming the robustness of the model and that funding is in place to meet
the future financial obligations of these establishments, and (6) confirming that, in line with the
principles of the Revenue Resources Budget Strategy, Council Officers would work with Elected
Members to ensure options for potential solutions are presented to enable the Council to address the
budget gap in each financial year and to meet its legal obligation to settle a balanced budget and, in
this respect, providing a summary of the newly formed Financial Planning Advisory Group, comprising
cross party membership, which would give full consideration to this position.
The Committee was also provided with an additional document detailing scenario planning in respect
of budget gaps.
Decided:
(1) that the updated medium term Financial Plan 202425-2028/29 be acknowledged;
(2) that it be acknowledged that this Plan would be subject to ongoing review with an update to
be reported to the Committee at its meeting in September 2023;
(3) that it be recognised that, as detailed in the report, engagement by Officers with Elected
Members is required to ensure that options to address the budget gap in each financial year
are identified in order to enable the Council to set a balanced budget, and
(4) that the PPP affordability review saving, as identified in the report, be approved.
CODE OF CONDUCT FOR CHIEF OFFICERS
11. There was submitted a report by the Chief Officer (Legal and Democratic) seeking approval of the
updated and revised Code of Conduct for Chief Officers (1) explaining that, in order to bring the Code
of Conduct for Chief Officers up to date and to reflect the current organisational arrangements, the
Monitoring Officer, following consultation with the Chief Executive, had reviewed the Code and made
a number of revisions; (2) attaching, as an Appendix to the report, the revised Code of Conduct for
Chief Officers, and (3) highlighting that, in addition to the updating of the Code to reflect organisational
changes, sections in the report relating to police enquiries and potential conflicts of interest have been
expanded to include more explicit wording in respect of the particular requirements in those areas.
Decided: that the revised Code of Conduct for Chief Officers be approved.
REGULATION OF INVESTIGATORY POWERS (SCOTLAND) ACT 2000 - UPDATE
12. There was submitted a report by the Chief Officer (Legal and Democratic) (1) informing the Committee
that the Council is required to have policies and procedures in place to manage covert surveillance
activities carried out under the Regulation of Investigatory Powers (Scotland) Act 2000 ("RIPSA"); (2)
advising that the Scottish Government's "Covert Surveillance and Property Interference: Code of
Practice" and "Covert Human Intelligence Sources: Code of Practice" require that Elected Members
should review the Council's use of RIPSA and set the policy annually; (3) seeking approval of the
Council's policy and procedure of directed surveillance, use of covert human intelligence sources and
obtaining communications data which has been updated to ensure continued compliance with the
Council's obligations under RIPSA and associated statutory guidance; (4) informing the Committee ofPage 80
POLICY AND STRATEGY - 8 JUNE 2023 80 the extent of the use by the Council of powers under this legislation during the previous five years, as well as summarising actions taken by the Chief Officer (Legal and Democratic) to ensure continued compliance and increased awareness across Services, and (5) attaching, as an Appendix to the report, the updated policy and procedure on Directed Surveillance, the use of Covert Human Intelligence Sources and Obtaining Communications Data. The Chief Officer (Legal and Democratic) orally informed the Committee that within the policy document, the list of authorising officers required to be amended by replacing the Chief Officer (Adult Social Work Services) with Manager, Adult Social Work. Decided: (1) that the updated policy and procedure on Directed Surveillance, the use of Covert Human Intelligence Sources and Obtaining Communications Data, as required by paragraph 4.43 of the Scottish Government's Covert Surveillance and Property Interference: Code of Practice and paragraph 3.27 of the Scottish Government's Covert Human Intelligence Sources: Code of Practice be approved, and (2) that the Council's use of its powers under RIPSA as required by paragraph 4.43 of the Scottish Government's Covert Surveillance and Property Interference: Code of Practice and paragraph 3.27 of the Scottish Government's Covert Human Intelligence Sources: Code of Practice be noted. STRATEGIC COMMISSIONING PLAN 2023 – 26 13. There was submitted a report by the Chief Officer (Planning, Performance and Quality Assurance) (1) explaining that the Strategic Commissioning Plan is relevant to all National Outcomes and the detail on the delivery of the Plan would be set out in a separate Programme of Work which would be presented to the North Lanarkshire IJB in the summer of 2023; (2) outlining the engagement and consultation process which has taken place culminating in approval of the draft version of the Plan by the IJB at its meeting on 30 November 2022, subject to that final consultation process during the months of December 2022, and January and February 2023; (3) explaining that, upon the final version of the Plan being approved, it will be graphically designed and published online, and (4) attaching, as Appendices to the report, (i) the Strategic Commissioning Plan 2023-26; (ii) a Strategic Needs Analysis; (iii) survey feedback, and (iv) the Equality Impact Assessment. Decided: that the final version of the Strategic Commissioning Plan 2023-26 be recognised. INFORMATION GOVERNANCE POLICIES AND GUIDANCE: BIENNIAL REVIEW AND UPDATE 2023 14. There was submitted a report by the Chief Officer (Business and Digital) (1) explaining that, in line with the Council’s approved Strategic Policy Framework, all Information Governance policies and guidance notes are considered sub-policies of the Digital and IT Strategy, approved by the Committee in June 2019; (2) reminding the Committee that it had, at that time, noted that the Information Governance Policy Framework would be reviewed every two years; (3) informing the Committee that the last revision of these policies had been approved by it on 18 June 2021 with the latest biennial review having now been completed and, attaching as Appendices to the report, the revised policies; (4) advising that guidance and supporting documentation in respect of the overarching framework continue to be reviewed and developed and would be published and communicated as appropriate and required, and (5) introducing the proposed Payment Card Industry Data Security Standard (PCI DSS) policy to govern Council processing of credit and debit card payments, thereby ensuring best practice, compliance with industry standards and heightened safeguards for customers and the Council.
Page 81
POLICY AND STRATEGY - 8 JUNE 2023 81 Decided: (1) that the introduction of the Payment Card Industry Data Security Standard policy for inclusion in the suite of Information Governance policies be endorsed, and (2) that the revised Information Governance policies be approved. CHANGES TO MILEAGE LIMITS FOR MAINSTREAM HOME TO SCHOOL TRANSPORT – CONSULTATION OUTCOME 15. There was submitted a report by the Chief Officer (Education – North) (1) informing the Committee that, following a decision by the Council, a formal consultation had been carried out on changes to the qualifying criteria for free home to school transport; (2) explaining that the changes would increase existing mileage limits to levels more commensurate with the current legislative position and with those levels adopted by a number of other local authorities; (3) confirming that, if approved, the changes were expected to significantly reduce rising expenditure in this area and to contribute to the Council’s overall budget savings plan; (4) detailing that the consultation had been carried out in accordance with the Schools (Consultation) (Scotland) Act 2010 and included an online survey, dedicated e-mail and nine public events held across North Lanarkshire with the process having been inspected and reviewed by Education (Scotland), who had published a report which had been considered in full by the Service; (5) advising that an analysis of the responses received indicated that a clear majority of respondents do not favour the changes, siting concerns that include, a lack of safe walking routes, the impacts of inclement weather and a potential increase in traffic around schools as parents may opt to use cars as an alternative means of transport, and (6) intimating that the Service had committed to assessing all routes identified as potentially unacceptable for walking prior to the implementation of any changes and to providing schools and parent bodies with support and guidance on developing local active travel plans and traffic management assessments and audits. Councillor Logue, seconded by Councillor Roarty, moved, as a Motion, the terms of the report. Councillor A. Stubbs, seconded by Councillor Carragher, moved, as an Amendment, the following:- (1) acknowledges the outcomes of the Council's statutory consultation on changes to home to school transport distance eligibility criteria, the results of which show concerns raised by Education Scotland, the Diocese of Motherwell and Archdiocese of Glasgow and of St. Andrew's in Edinburgh, as well as the objections raised by 94% of those stakeholders who took part; (2) acknowledges that low costs have been established for the exercise to take place to establish the safety of walking routes for those children and young people who are affected, nor the associated costs of safety improvements; (3) notes that no figures have yet been published on the number of children and young people who will be affected by the proposed change, and (4) agrees that, following the conclusion of the statutory consultation, the decision made by the Council at its meeting on 23 February 2023, that mileage limits for mainstream home to school transport had changed to better reflect the legislative position, be not implemented. Thereon, the Convener ruled that, in accordance with Standing Order 31 and the Local Government Finance Act 1992, Part 4 of the Amendment was not competent. Accordingly, the terms of the Amendment were not considered.
Page 82
POLICY AND STRATEGY - 8 JUNE 2023 82 Decided: (5) that the outcomes of the Council’s statutory consultation on changes to home to school transport distance eligibility criteria be acknowledged, and (6) that, following conclusion of the statutory consultation, the decision made by the Council at its meeting on 23 February 2023 that mileage limits for mainstream home to school transport are changed to better reflect the legislative position, to protect other services by reducing costs for an unpredictable transport market and to encourage participation in more active, cleaner and greener travel, be implemented. Prior to consideration of the following item of business, Councillor Carragher, due to a family member assisting with the ASN provision, had declared a connection and left the meeting during consideration of the matter CLUB 365 – REVIEW AND SUMMER PROPOSAL REPORT (2023) 16. There was submitted a report by the Chief Officer (Education – North) (1) confirming that the Council has a range of established holiday provision and other successful programmes including Club 365 for primary age children in receipt of free school meals; (2) indicating that, as Club 365 enters its sixth year of delivery, it is recognised that key objectives for the programmes' operating model are now reflected in emerging national policy initiatives, and (3) providing an update on (a) attendance over the Spring break, and (b) the Summer model, inclusive of the proposal to increase the Additional Support Needs (ASN) offer across the Council in anticipation that the Service would continue to receive Scottish Government funding for the academic year. The Convener indicated to the Committee that notification had been received by the Council from COSLA that the Scottish Government would no longer be funding this programme and proposing that, in light of this information (1) the pilot programme to increase the ASN offer be approved, and (2) all other elements be continued for consideration by the Council at its meeting on 22 June 2023. Decided: (1) that the pilot programme to increase the ASN offer be approved, and (2) that all other elements be continued for consideration by the Council at its meeting on 22 June 2023. SETTING THE SUSTAINABLE RATES: REVIEW 17. There was submitted a report by the Chief Officer (Education – North) (1) informing the Committee that, under Section 47(1) of the Children and Young People (Scotland) Act 2014, education authorities must ensure that the statutory amount of funded early learning and childcare elements of 1140 hours is made available for each eligible child; (2) explaining that councils across Scotland work with both council-run services and local partner providers in the private and the not-for-profit sectors, including childminders, to ensure that there is sufficient capacity to deliver 1140 hours to all eligible families in their areas; (3) detailing the Scottish Government and COSLA published national guidance regarding Funding Follows the Child and the National Standard for Funded Early Learning and Childcare Providers in May 2022; (4) advising that, under Funding Follows the Child, local authorities are required to set an hourly rate that is paid to funded providers in the private and voluntary sectors, including childminders, to deliver the funded entitlement and that this rate should be sustainable and reflect national policy priorities, including funding to enable payment of the Scottish Living Wage to all childcare workers delivering funded entitlement; (5) providing, within the report, tabular information relating to historical payments made to funded providers, and (6) recommending, in tables 4 and 5 of
Page 83
POLICY AND STRATEGY - 8 JUNE 2023 83 the report, that an uplift of 1.8%, for staff costs and inflation, be applied with no additional uplift for reinvestment being applied, with the total estimated cost to the Council being £0.290m. Decided: that the recommendation to increase the hourly rate that is paid to partner providers to deliver the funded entitlement of early learning and childcare be endorsed. CONTRACT AWARD FOR POSTAL SERVICES 18. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) seeking approval of the award of a contract for Lot 1 – Physical Mail Services to Royal Mail Group Limited and Lot 2 – Hybrid, Scheduled, Bulk/Planned to Critiqom (now trading as Adare SEC) with both contracts having a duration of 2.5 years and with the anticipated aggregate spend across both Lots being £2,280,282.75 exclusive of VAT. Decided: that the contract award proposals be approved in respect of Lot 1 – Physical Mail Services to Royal Mail Group Limited for 2.5 years with a contract value of £601,771.70, exclusive of VAT, and Lot 2 – Hybrid, Scheduled, Bulk/Planning to Critiqom (now trading as Adare SEC) for 2.5 years with a contract value of £1,678,511.05, exclusive of VAT. CONTRACT VARIATION: CARNBROE AND SIKESIDE COMMUNITY HUB 19. There was submitted a report by the Chief Officer (Assets and Procurement) (1) explaining that, in accordance with the Council's Financial Regulations, any variation where the outturn of expected costs exceed the tendered contract price by the higher of £25,000 or 5% should be reported by the appropriate budget holder to the relevant spending committee; (2) informing the Committee of the variation in costs against the tender contract price incurred on contracts for the construction of Carnbroe and Sikeside Community Hub, and (3) attaching, as an Appendix to the report, details of the project costs. Decided: that the contents of the report and the accompanying Appendix be acknowledged.
Page 84
REGULATORY - 13 JUNE 2023 84 Motherwell, 13 June 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McVey, Vice-Convener; Councillors Beveridge (paragraphs 1-5 only), Docherty, Dunbar, Fisher, Hughes, Robb, Shevlin, Thomas and Watson. CHAIR Councillor McVey (Vice-Convener) presided. IN ATTENDANCE The Principal Solicitor and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Sergeant Brown, Police Scotland (paragraphs 1-5 only). APOLOGIES Councillors Ballinger and McLaren DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) LATE HOURS CATERING LICENCE – NEW APPLICATION – ESJ RESTAURANTS LIMITED, McDONALD’S, CRAIGLINN PARK ROAD, CUMBERNAULD 2. There was submitted an application by ESJ Restaurants Limited for a Late Hours Catering Licence in respect of premises at McDonald’s, Craiglinn Park Road, Cumbernauld – Monday to Sunday from 11 pm until 5 am. The Committee then heard the applicant’s agent, Scott Flannigan, Anderson Strathern, Solicitors, who was accompanied by Elliott Jardine, Director of ESJ Restaurants Limited, speak in respect of the application. Thereafter, Scott Flannigan, Elliott Jardine and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter.
Page 85
REGULATORY - 13 JUNE 2023 85 Scott Flannigan, Elliott Jardine and the representative of Police Scotland were then re-admitted to the meeting. Decided: that the application by ESJ Restaurants Limited for a Late Hours Catering Licence in respect of premises at McDonald’s, Craiglinn Park Road, Cumbernauld – Monday to Sunday from 11 pm until 5 am be granted. (2) SECOND HAND DEALER’S LICENCE – RENEWAL – CUMBERNAULD CAR SALES, 18D CUMBERNAULD ROAD, MOLLINSBURN 3. There was submitted (1) an application by Cumbernauld Car Sales for the renewal of the company’s Second Hand Dealer’s Licence in respect of the second hand car sales premises at 18D Cumbernauld Road, Mollinsburn, and (2) a representation to the application received on behalf of the Chief Officer (Community Operations). The Committee then heard the Principal Solicitor advise that, for the reasons narrated, that consideration of the application required to be continued until a future date. Decided: that consideration of the application by Cumbernauld Car Sales for the renewal of the company’s Second Hand Dealer’s Licence in respect of the second hand car sales premises at 18D Cumbernauld Road, Mollinsburn, be continued until a future date. (3) PRIVATE HIRE CAR LICENCES – COMPLAINTS – STEWART HARPER – PSG LEASING LIMITED 4. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted complaints received from the Chief Constable, Police Scotland, relative to Stewart Harper, who currently held Private Hire Car Licences. The Committee then heard Sergeant Brown outline the Chief Constable’s complaints, and Stewart Harper’s agent, Neil McShane, KM Law, Solicitors, speak in respect of the complaints. Thereafter, Stewart Harper, Neil McShane and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Stewart Harper, Neil McShane and the representative of Police Scotland were then re-admitted to the meeting. Councillor Watson, seconded by Councillor Docherty, moved that the complaints by the Chief Constable, relative to Stewart Harper, in respect of his Private Hire Car Licences be upheld. Councillor Fisher, seconded by Councillor Hughes, moved, as an amendment, that the complaints by the Chief Constable, relative to Stewart Harper, in respect of his Private Hire Car Licences be not upheld. On a vote being taken, 8 Members voted for the amendment, and 2 Members voted for the motion. The amendment was accordingly declared carried. Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaints by the Chief Constable, relative to Stewart Harper, in respect of his Private Hire Car Licences, be not upheld.
Page 86
REGULATORY - 13 JUNE 2023 86 (4) PRIVATE HIRE CAR LICENCE – RENEWAL – STEWART HARPER – PSG LEASING LIMITED 5. There was submitted (1) an application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company’s Private Hire Car Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Sergeant Brown outline the Chief Constable’s objection to the application, and Stewart Harper and his agent, Neil McShane, KM Law, Solicitors, speak in support of the application. Thereafter, Stewart Harper, Neil McShane and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Stewart Harper, Neil McShane and the representative of Police Scotland were then re-admitted to the meeting. Councillor Watson, seconded by Councillor Docherty, moved that the application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company’s Private Hire Car Licence be refused. Councillor Fisher, seconded by Councillor Beveridge, moved, as an amendment, that the application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company’s Private Hire Car Licence be granted. On a vote being taken, 8 Members voted for the amendment, and 2 Members voted for the motion. The amendment was accordingly declared carried. Decided: that the application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company’s Private Hire Car Licence be granted. (5) TAXI OPERATOR’S LICENCE AND PRIVATE HIRE CAR LICENCE – RENEWALS (a) JAMES CRILLY AND CAROLINE CRILLY 6. There was submitted an application by James Crilly and Caroline Crilly for the renewal of their Taxi Operator’s Licence. The Principal Solicitor then advised the Committee that James Crilly and Caroline Crilly did not have an age compliant vehicle in accordance with the Council’s vehicle specification. The Committee then heard James Crilly speak in respect of the application for the renewal of the Taxi Operator’s Licence. Thereafter, James Crilly withdrew from the meeting and the Committee resumed consideration of the matter. James Crilly was then re-admitted to the meeting. Decided: that the application by James Crilly and Caroline Crilly for the renewal of their Taxi Operator’s Licence be granted for a period of 24 months, effective from 31 May 2023.
Page 87
REGULATORY - 13 JUNE 2023 87 (b) STEWART McGUINESS 7. There was submitted an application by Stewart McGuiness for the renewal of his Private Hire Car Licence. The Principal Solicitor then advised the Committee that Stewart McGuiness did not have an age compliant vehicle in accordance with the Council’s vehicle specification. The Committee then heard Stewart McGuiness speak in respect of the application for the renewal of his Private Hire Car Licence. Thereafter, Stewart McGuiness withdrew from the meeting and the Committee resumed consideration of the matter. Stewart McGuiness was then re-admitted to the meeting. Decided: that the application by Stewart McGuiness for the renewal of his Private Hire Car Licence be granted for a period of 24 months, effective from 31 January 2023.