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West Dunbartonshire Council · 18 May 2022
Back to West Dunbartonshire Council — 18 May 2022 and its agenda
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Agenda Statutory Meeting of West Dunbartonshire Council Date: Wednesday, 18 May 2022 ___________________________________________________________________ Time: 14:00 ___________________________________________________________________ Venue: Civic Space, Council Offices, 16 Church Street, Dumbarton G82 1QL ___________________________________________________________________ Contact: Christine McCaffary, Senior Democratic Services Officer Email: christine.mccaffary@west-dunbarton.gov.uk Dear Member Please attend the statutory meeting of West Dunbartonshire Council as detailed above. The business is shown on the attached agenda. Yours faithfully JOYCE WHITE Chief Executive Page 1
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Distribution:- Councillor James Bollan Councillor Michelle McGinty Councillor Karen Conaghan Councillor June McKay Councillor Ian Dickson Councillor John Millar Councillor Diane Docherty Councillor Lawrence O’Neill Councillor Craig Edward Councillor Lauren Oxley Councillor Gurpreet Johal Councillor Chris Pollock Councillor Daniel Lennie Councillor Martin Rooney Councillor Douglas McAllister Councillor Gordon Scanlan Councillor David McBride Councillor Hazel Sorrell Councillor Jonathan McColl Councillor Clare Steel Councillor James McElhill Councillor Sophie Traynor Chief Executive Chief Officers Date of issue: 12 May 2022 Audio Streaming Please note: the sound from this meeting may be recorded for live and subsequent audio streaming via the Council’s internet site. At the start of the meeting, the Chair will confirm if all or part of the meeting is being audio streamed. Audio recordings of the meeting (including the attendance or contribution of any party participating or making a contribution) will be published on the Council’s website and the Council’s host’s webcast/audio stream platform. You should be aware that the Council is a Data Controller under the General Data Protection Regulation. Data collected during this audio stream will be retained in accordance with the Council’s Privacy Notice* and Retention Schedules including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact Peter Hessett, Chief Officer – Regulatory and Regeneration on 01389 737800. Page 2
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STATUTORY MEETING WEST DUNBARTONSHIRE COUNCIL WEDNESDAY, 18 MAY 2022 AGENDA 1 ELECTION OF PROVOST The Council is requested to consider the election of the Provost. 2 APOLOGIES 3 DECLARATIONS OF INTEREST 4 LOCAL GOVERNMENT ELECTIONS – 5 MAY 2022 5 - 12 Submit report by the Returning Officer on the results of the Local Government Elections held in West Dunbartonshire on 5 May 2022. 5 ELECTION OF LEADER OF THE COUNCIL AND DEPUTE LEADER OF THE COUNCIL The Council is requested to consider the election of:- (a) The Leader of the Council; and (b) The Depute Leader of the Council. 6 13 - 27 SCHEME OF MEMBERS’ ALLOWANCES AND APPOINTMENT TO SENIOR COUNCILLOR POSITIONS Submit report by the Chief Executive providing Council with information as to the Scheme of Members’ Allowances and inviting Council to identify Senior Councillor posts; agree the appointment of Councillors to these Senior Councillor posts and the allowances paid to these posts. 7 APPOINTMENTS TO COUNCIL COMMITTEES AND 29 - 44 OTHER BODIES Submit report by the Chief Officer – Regulatory and Regeneration seeking appointments to a number of Council committees and other bodies. Page 3
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8 MEMBERSHIP OF WEST DUNBARTONSHIRE 45 - 48 LOCAL LICENSING FORUM Submit report by the Chief Officer - Regulatory and Regeneration requesting the appointment of Members to the West Dunbartonshire Local Licensing Forum. 9 PROPOSED STANDING LIST OF CONFERENCES 49 - 52 Submit report by the Chief Officer – Regulatory and Regeneration seeking approval of a proposed Standing List of Conferences. 10 EXPENDITURE ON CIVIC EVENTS AND HOSPITALITY 53 - 55 Submit report by the Chief Officer - Regulatory and Regeneration seeking approval of the current practice for authorisation of expenditure in relation to civic events. 11 AFFILIATIONS 57 - 59 Submit report by the Chief Officer - Regulatory and Regeneration providing details of organisations to which this Council is affiliated and seeking a decision as to the renewal of these affiliations. Page 4
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ITEM 4 WEST DUNBARTONSHIRE COUNCIL Report by the Returning Officer Statutory Meeting of West Dunbartonshire Council: 18 May 2022 Subject: Local Government Elections – 5 May 2022 1. Purpose 1.1 This report provides the Council with information on the results of the Local Government Elections held in West Dunbartonshire on 5 May 2022. 2. Recommendation 2.1 The Council is asked to note the results of the West Dunbartonshire Council elections held in May 2022. 3. Background 3.1 Elections were held on 5 May 2022 to elect 22 Councillors to serve in the undernoted multi-member wards within the West Dunbartonshire Council area:- Lomond 3 Members Leven 4 Members Dumbarton 4 Members Kilpatrick 3 Members Clydebank Central 4 Members Clydebank Waterfront 4 members 4. Main Issues 3.1 The method used to elect local Councillors was the Single Transferable Vote (Weighted Inclusive Gregory model) which required the electorate to vote by order of preference. The results of the local elections are detailed in the Appendix to this report. 5. People Implications 5.1 There are no implications for employees of the Council. 6. Financial and Procurement Implications 6.1 There are no financial or procurements implications. Page 5
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7. Risk Analysis 7.1 As the elections have been completed, there is no requirement for a risk analysis. 8. Equalities Impact Assessment (EIA) 8.1 There is no impact on any equalities groups. 9. Consultation 9.1 Officers from finance and legal services have been consulted on the content of this report. 10. Strategic Assessment 10.1 One of the key tasks of the newly elected Councillors will be to consider and set the Council’s strategic priorities for the next term of office. ................................................... Joyce White Returning Officer Date: 9 May 2022 Person to Contact: George Hawthorn, Manager of Democratic and Registration Services, Council Offices, Dumbarton. Telephone No. 01389-737204 or e-mail: george.hawthorn@west-dunbarton.gov.uk Appendix: West Dunbartonshire Council Elections – 5 May 2022 – Results. Wards Affected: All Wards. Page 6
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WEST DUNBARTONSHIRE COUNCIL ELECTION - 5 MAY 2022 - RESULTS WARD 1 – LOMOND NO OF COUNCILLORS TO BE ELECTED - 3 Electorate Turnout % Total Valid Votes Quota 9111 48.3% 4326 1082 Candidates Party Status Total votes prior to election or exclusion MACEOGHAINN Drew West Dunbartonshire Community Party Not elected 620 MCCOLL Jonathan Scottish National Party (SNP) Elected (Stage 1) 1494 PAGE Sally Scottish Conservative and Unionist Not Elected 735 ROONEY Martin Scottish Labour Party Elected (Stage 3) 1163 SORRELL Hazel Scottish Labour Party Elected (Stage 5) 1433 Elected to serve for the Lomond Ward: Jonathan McColl Martin Rooney Hazel Sorrell Page 7
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WARD 2 – LEVEN NO OF COUNCILLORS TO BE ELECTED - 4 Electorate Turnout % Total Valid Votes Quota 13,820 43.1% 5822 1165 Candidates Party Status Total votes prior to election or exclusion BAKER Paula Scottish Green Party Not elected 231 BOLLAN Jim West Dunbartonshire Community Party Elected (Stage 7) 1500 DICKSON Ian Scottish National Party (SNP) Elected (Stage 1) 1494 DILLON Matthew Scottish Conservative and Unionist Not Elected 439 MCCOLL Ronnie Scottish National Party (SNP) Not Elected 1017 MCGINTY Michele Marie Scottish Labour Party Elected (Stage 7) 1280 MILLAR John Kelly Scottish Labour Party Elected (Stage 5) 1184 WILKIE Sian Independent Not Elected 51 Elected to serve for the Leven Ward: Jim Bollan Ian Dickson Michelle Marie McGinty John Kelly Millar Page 8
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WARD 3 – DUMBARTON NO OF COUNCILLORS TO BE ELECTED - 4 Electorate Turnout % Total Valid Votes Quota 13,336 50.1% 6524 1305 Candidates Party Status Total votes prior to election or exclusion CONAGHAN Karen Scottish National Party (SNP) Elected (Stage 1) 2171 JOHAL Gurpreet Singh Scottish Labour Party Elected (Stage 3) 1546 MCBRIDE David Scottish Labour Party Elected (Stage 1) 2045 MCEWAN Lynda Scottish Trade Unionist and Socialist Coalition Not Elected 137 MUIR Andrew Joseph Scottish Family Party Not Elected 147 POLLOCK Chris Scottish National Party Elected (Stage 6) 1305 RAINEY Jonathan Scottish Libertarian Party Not Elected 68 WALKER Brian Scottish Conservative and Unionist Not Elected 696 WILSON Kelly Sovereignty Not Elected 34 Elected to serve for the Dumbarton Ward: Karen Conaghan Gurpreet Singh Johal David McBride Chris Pollock Page 9
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WARD 4 – KILPATRICK NO OF COUNCILLORS TO BE ELECTED - 3 Electorate Turnout % Total Valid Votes Quota 8987 45.2% 3876 970 Candidates Party Status Total votes prior to election or exclusion JARDINE David Scottish Conservative and Unionist Not elected 269 MCALLISTER Douglas James Scottish Labour Party Elected (Stage1) 1903 O'NEILL Lawrence Scottish Labour Party Elected (Stage 2) 1020 SCANLAN Gordon Scottish National Party (SNP) Elected (Stage 1) 986 SCANLAN Marina Scottish National Party (SNP) Not elected 524 Elected to serve for the Kilpatrick Ward: Douglas James McAllister Lawrence O'Neill Gordon Scanlan Page 10
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WARD 5 – CLYDEBANK CENTRAL NO OF COUNCILLORS TO BE ELECTED - 4 Electorate Turnout % Total Valid Votes Quota 11,820 41.0% 4644 929 Candidates Party Status Total votes prior to election or exclusion DOCHERTY Diane Scottish National Party (SNP) Elected (Stage 1) 1903 EDWARD Craig Scottish Labour Party Elected (Stage 1) 1199 STEEL Clare Scottish Labour Party Elected (Stage 4) 1137 TRAYNOR Sophie Scottish National Party (SNP) Elected (Stage 2) 1367 WILSON Liam Scottish Conservative and Unionist Not Elected 390 Elected to serve for the Clydebank Central Ward: Diane Docherty Craig Edward Clare Steel Sophie Traynor Page 11
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WARD 6 – CLYDEBANK WATERFRONT NO OF COUNCILLORS TO BE ELECTED - 4 Electorate Turnout % Total Valid Votes Quota 11,537 42.1% 4,696 940 Candidates Party Status Total votes prior to election or exclusion LALLY Brian Michael Scottish Family Party Not elected 130 LENNIE Daniel Scottish Labour Party Elected (Stage 1) 1217 MCELHILL James Scottish National Party (SNP) Elected (Stage 1) 1493 MCKAY June Scottish Labour Party Elected (Stage 6) 1093 MOSCROP Holly Scottish Conservative and Unionist Not elected 403 OXLEY Lauren Scottish National Party (SNP) Elected (Stage 2) 1179 TOLAND Jacob Scottish National Party (SNP) Not elected 500 Elected to serve for the Clydebank Waterfront Ward: Daniel Lennie James McElhill June McKay Lauren Oxley Page 12
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WEST DUNBARTONSHIRE COUNCIL Report by the Chief Officer - People and Technology Statutory Meeting of Council: 18 May 2022 Subject: Scheme of Members’ Allowances and Appointment to Senior Councillor Positons 1. Purpose 1.1 The purpose of this report is to provide Council with information on the Scheme of Members’ Allowances and to invite Council to identify Senior Councillor positions, agree the appointment of Councillors to these Senior Councillor positions and the relevant level of allowances payable. 2. Recommendations 2.1 The Council must appoint a Leader of the Council and Provost. The post of Provost has previously been recognised as the Civic Head of the Council. 2.2 Additionally the Council can appoint up to ten Senior Councillors. The number of Senior Councillor positions and allowances payable is determined by Scottish Government Regulations. It will be for the new Council to determine the posts deemed as being a Senior Councillor and the level of remuneration applicable. 2.3 Any changes to the allowances will be implemented in accordance with Scottish Government guidance. 2.4 Council is asked to: (a) note the Scheme of Members’ Allowances and Expenses including the list of approved duties (Appendix 1); (b) note that Councillors have access to a specific pension scheme for Councillors; (c) agree that the Provost be recognised as the Civic Head of the Council; (d) note that in addition to the Leader and Civic Head, the Council is entitled to appoint a maximum of ten Senior Councillors; (e) identify up to ten Senior Councillor positions; ITEM 6 Page 13
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(f) agree those Councillors who are to be appointed to the identified Senior Councillor positions; (g) note the rate of allowance to be paid to remaining Members who are not identified as Senior Councillors; and (h) delegate authority to the Chief Officer – People & Technology to uprate allowances in accordance with Scottish Government guidance. 3. Background 3.1 Remuneration arrangements for Councillors referred to in this report are governed by The Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2022 (in force from 1 April 2022). These regulations cover Members Allowances, reimbursement of expenses and pensions rights. The Regulations allow for a standardised procedure across all Scottish local authorities for the payment of Councillors' allowances and expenses. Payment of Allowances 3.2 Each local authority will have one Leader of the Council. For West Dunbartonshire Council, this position will attract a fixed allowance of £39,148 per annum. The allowance for the Leader is set by the Regulations and the Council is not able to vary the remuneration levels. 3.3 Each Council may also have one Civic Head. This position will attract an allowance up to 75% of the Leaders, namely £29,361 per annum. West Dunbartonshire Council has always recognised the post of Provost as being the Civic Head. The allowance for the Civic Head is governed by the Regulations but the Council is able to vary the remuneration levels. 3.4 In addition to the Leader and Civic Head, the Council will be entitled to appoint a maximum of ten Senior Councillors. Under the regulations the Council is allocated a maximum sum it can pay, in total, for Senior Councillors. This is £244,660, with the maximum allowance payable to a Senior Councillor being 75% of the Leader’s allowance, i.e. £29,361. The Scottish Government determines the number of senior posts and associated budgetary provision. The Council does not have the authority to exceed these limits. 3.5 The current Standing Orders of the Council make provision for the appointment of a Depute Leader, Depute Provost and Service Spokespersons. Standing Orders provide that Service Spokespersons shall be Senior Councillors and if the Depute Leader and Depute Provost are also classed as Senior Councillors, these posts will all count towards the ten senior posts and the costs will come from the overall budget for Senior Councillors. Page 14
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3.6 It is for the Council to determine which positions are deemed to be a Senior Councillor. The Council will also decide the level of remuneration to be paid to each Senior Councillor as long as no Councillor receives more than £29,361 per annum and the total sum paid out to Senior Councillors does not exceed the budget allocation. The Council’s 2017 agreed allowance for Senior Councillors was £23,257 (uprated following the pay award to £24,467 at 1 April 2022). 3.7 A summary of Senior Councillor positions as at 1st May 2022 under the previous Council Administration is attached at Appendix 2. 3.8 All Councillors who do not hold the position of Leader, Civic Head or Senior Councillor will receive a basic remuneration of £19,571 per annum. This figure is set by the Regulations and the Council is not permitted to vary this remuneration level. 3.9 The proposed scheme of allowance makes provision for payment to be made 4 weekly in arrears. These payments will be made by electronic bank transfer (known as BACS Transfer). 3.10 Separate provisions will apply to the payments to Conveners and Depute Conveners of Joint Boards. Reimbursement of Expenses 3.11 Claims for travel and subsistence can only be submitted for undertaking approved duties of the Council (Appendices 1, 1A & 1B refer). 3.12 The only standard allowance that is available to Councillors under the regulations is for mileage. The prescribed rates for mileage are as follows: • 45p per mile for travel by own car or van (first 10,000 miles, 25p per mile thereafter); • 24p per mile for travel by motorcycle; • 20p per mile for travel by bicycle; and • 5p per passenger per mile where both the passenger and the Councillor are carrying out approved duties. These rates are mandatory and cannot be varied. Note the rates are as detailed in the Councillors’ Remuneration Guidance 2010 (and amendment to mileage rate, November 2011). 3.13 Claims for subsistence (meal expenditure) will be on the basis of receipted expenditure. Meal expenditure cannot be reimbursed where a Councillor is carrying out Council business in their own ward or on Council premises within West Dunbartonshire. All claims must be accompanied by relevant receipts. Page 15
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3.14 All claims for reimbursement of travel and subsistence expenditure must be submitted on the HR21 expenses module. All claims will be reimbursed through Payroll as part of the payment of allowances and expenses. These payments will be made at quarterly intervals by the same method as described at 3.9 above, namely via BACS Transfer. 3.15 The Council will also be allowed to reimburse actual and receipted expenditure incurred by the Civic Head in carrying out their civic duties. The Civic Head’s expenses cannot exceed £3,000 per annum. 3.16 All Councillors are provided with a mobile device (laptop or similar) and a mobile (SMART) phone. As such, all duties associated with the role of a Councillor via use of said devices will be covered by the Council contracts and use permitted in accordance with the Council’s Information Security Policy and associated guidance. Additional expenditure is unlikely other than for personal use which should be repaid to the Council at the earliest opportunity. Pension Scheme 3.17 All Councillors are automatically entered into the Local Government Pension Scheme (administered by Strathclyde Pension Fund Office) unless an opt-out form is received, as per scheme rules. The benefits are based on career average pay and the contribution rate is assessed based on pensionable pay at 31 March each year, per table below. Post Remuneration Pension Contribution (2022/23) Leader of the Council Fixed £39,148 6.6% Civic Head Up to £29,361 5.6-5.9% Senior Councillor Up to £29,361 5.6-5.9% Councillor Fixed £19,571 5.5% Review of Remuneration Levels 3.18 The Scottish Government will review the levels of remuneration and issue guidance in the event of an uprating of allowances. It is the current policy of the Council for the Chief Officer People & Technology, in partnership with relevant Chief Officers, to implement the Scottish Government recommendations as and when they are issued. 4. Main Issues 4.1 As stated above, there are restrictions on the number, maximum allowances and overall amount paid to Senior Councillors. Page 16
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4.2 Individual members can agree to vary downwards, the level of allowance paid to them. 4.3 Council will require to consider: • Whether the Provost is to be appointed as Civic Head; • Decide on the number of Senior Councillor posts and identify which Members are appointed to these posts; and • Decide the level of allowance for these ten Senior Councillor posts. 5. People Implications 5.1 There are no additional people implications beyond those outlined in the report. 6. Financial and Procurement Implications 6.1 The costs associated with the remuneration scheme are provided for within the Revenue Estimates for 2022/23. 7. Risk Analysis 7.1 The Council cannot exceed the limits set out in the regulations in respect of the number of posts, the allowances payable and the level of expenses reimbursed. 8. Equalities Impact Assessment (EIA) 8.1 There is no requirement for an Equalities Impact Assessment (EIA). 9. Strategic Environmental Assessment 9.1 The Scheme of Allowances reflects the different roles undertaken by Elected Members in taking forward the strategic agenda of the Council. 10. Consultation 10.1 Consultation has taken place with Chief Officers - Resources and Regulatory & Regeneration as appropriate. Victoria Rogers Chief Officer - People and Technology Date: 27th April 2022 Page 17
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Person(s) to Contact: Victoria Rogers, Chief Officer - People and Technology; and George Hawthorn, Manager of Administrative and Democratic Services Council Offices, 16 Church Street, Dumbarton, G82 Email: victoria.rogers@west-dunbarton.gov.uk Appendix 1: Guidance on Councillors’ Expenses Appendix 1A: Council car taxis protocol Nov 2020 Appendix 1B: Maximum rates claimable Appendix 2: List of Senior Councillor Roles as at May 2022 Background Papers: The Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2022 (legislation.gov.uk) (in force from 1 April 2022) Wards Affected: All Wards Page 18
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Appendix 1 West Dunbartonshire Council Guidance on Councillors’ Expenses 1. Legislation Remuneration arrangements for Councillors referred to in this report are governed by Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2022 (in force from 1 April 2022). These regulations cover Members’ Allowances, reimbursement of expenses and pensions rights. The mileage rates shown below are as detailed in the Councillors’ Remuneration Guidance 2010 (amendment to mileage rate, November 2011). 2. Approved Duties Claims for travel and subsistence can only be submitted for undertaking approved duties of the Council. The current approved list of duties is as follows: (A) Attendance at duly constituted meetings of the Council, Committees or Sub-Committees. This should include attendance at a particular meeting on the invitation of a Committee of which the Councillor is not a member for a specific item of business. (B) Attendance at meetings of other bodies as appointees of the Council. (C) Attendance at meetings of Community Councils, Parent Councils and Tenants’ Organisations. (D) Attendance at surgeries. (E) Attendance by Councillors at functions where it has been agreed by the appropriate Committee and recorded in the minutes accordingly. (F) Attendance at conferences approved by the Council. (G) Attendance at meetings of political groups which have a Councillor or Councillors on the Council, where such meetings are held to enable preliminary discussion to take place on matters related to the functions of the Council. (H) Attendance at meetings of the Convention of Scottish Local Authorities (CoSLA) and its Committees or Sub-Committees and on external bodies appointed by CoSLA itself. (I) Attendance at meetings with Officers of the Council by Conveners or Vice- Conveners and invited Councillors to discuss matters relating to their respective Committees. (J) Attendance at pre-arranged meetings with Officers of the Council by Councillors. (K) Attendance by Councillors for the purposes of opening tenders. (L) Duties performed by the Convener of the Council and/or his or her nominees where such duties are of a civic nature. (M) Attendance at Working Groups constituted by the Council. (N) Attendance at a court, tribunal or public enquiry at which the Council is represented as an approved duty. 3. Travel Expenses Page 19
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Appendix 1 3.1 Councillors may claim costs incurred when travelling by private car, van, motorcycle and bicycle and may also claims costs when travelling with passengers where both the Councillor and the passenger are carrying out any approved duties. These rates are: • 45p per mile for travel by own car or van; • 24p per mile for travel by motorcycle; • 20p per mile for travel by bicycle; and • 5p per passenger per mile where both the passenger and the Councillor are carrying out approved duties. HMRC rates for travel by car or van are 45p for the first 10,000 miles and 25p for each mile over 10,000 travelled in a tax year. Any excess 20p per mile over 10,000 miles is therefore taxable and is required to be declared annually to HMRC. 3.2 In addition to the above, Councillors may also claim the following costs associated with travelling: • Parking charges – receipts must be provided. • Road tolls – costs of expenses incurred. • Road pricing/congestion charging – receipts must be provided. • Ferry fares for car, motorcycle or bicycle – receipts must be provided. Please note parking fines or tow-away costs will not be reimbursed. 3.3 Councillors should always ensure that journeys are planned and undertaken by the most economical route balancing journey, distance and time taken. However, where possible, Councillors should also consider using public transport in preference to private transport where the costs are lower. 4. Travel by Public Transport 4.1 The following expenses may be claimed back by Councillors who use public transport to carry their duties: • Buses and trams – receipted expenses incurred, including season tickets/passes where this is considered more cost effective. • Taxis, trains, air travel, ferry travel – receipted cost of fare. It is expected that Councillors should travel by standard/economy class for their journeys. 4.2 Travel by taxi on approved duties will be reimbursed at the car mileage rate of 45p per mile. When a Councillor does not use his/her private car, taxi fares are reimbursed in full only if there is no suitable alternative public transport available. This may apply to circumstances where a meeting finishes late in the evening or transport is required to catch an early flight or train but could also apply to circumstances whereby a Councillor’s personal or business commitments leave him/her insufficient time to travel between venues using Page 20
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Appendix 1 public transport or where a Councillor’s disability means that use of public transport is unsuitable. Outwith these constraints, if a Member uses a taxi, e.g. so as to be able to socialise after the meeting, the Council will reimburse travel at the car mileage rate (or public transport rate if the Member does not have a car). 4.3 The protocol on the use of the Provost’s car provides further information on the use of taxis and is attached as Appendix A to this Guidance. The car should only be used for the approved duties as detailed in Section 2 of this Guidance and not for any other purpose. Councillors should keep a separate record of their use of the car to reduce the risk of errors occurring when submitting claims of travel expenses. When the car is used for ‘civic use’ the mileage will not be recorded against the individual elected member. 5. Subsistence 5.1 Councillors may only claim back the actual costs for meals and overnight accommodation when they are carrying out council business away from their home or council premises. The maximum rates claimable are detailed in Appendix B to this Guidance. 6. Submitting Claims 6.1 All reimbursement claims should be submitted timeously, ideally within the pay period being claimed for or within three months of the first journey claimed. All claims for a financial year will be submitted by the end of the financial year, or within four weeks whichever is later for the particular claim. Claims will be paid quarterly. 6.2 When claiming for vehicle mileage, Councillors should use established mileage calculators e.g. RAC or AA to ensure that the correct distance and mileage is claimed. 6.3 Councillors are requested to submit an appropriate VAT receipt for fuel consumed during the period of the claim and is dated no later than the date of the first journey. Note that this is an HMRC requirement. 6.4 When travelling to an event by taxi, Councillors should ensure that the driver provides a receipt which records full details of the journey, time and signature of the driver. Councillors should also add details of the event to the claim form to assist officers match up the receipt with the journey. Journey details, times and nature of duty should also be stated on all public transport receipts submitted with claims. Page 21
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Appendix 1A WEST DUNBARTONSHIRE COUNCIL REGULATORY – DEMOCRATIC SERVICES Elected Members’ Use of Provost’s Car and Taxis for Official Business The Provost car is available for use by prior booking. Bookings are made via the Provost’s Secretary (tel. 01389 738697). The Secretary will enter the reservation in a diary kept for that purpose. Since there is only one official car to serve the Council, a protocol has to be applied for use of the car. The priority list is as follows: ▪ Provost ▪ Depute Provost ▪ Bailie (when performing civic duties) ▪ Council Leader ▪ Depute Council Leader ▪ Senior Councillors ▪ Service/Committee Conveners ▪ Councillors The Provost will have first call on the car and its driver. Where the Provost has not made a pre-existing booking of the car, it can be booked on behalf of another Councillor. If the car is already reserved for the Provost at the required time, contact should be made with the Provost’s Secretary or Senior Democratic Services Officer (tel. 01389 737186) to help make alternative arrangements. The Council has accounts with Clydebank and Dumbarton TOAs and these would be the first alternative. In appropriate circumstances another option is to hire a second car, assuming that a driver is available. If another person on the priority list has booked the car for a particular occasion and it is subsequently required by the Provost or Council Leader, who would normally have received priority for the booking, contact should be made as soon as possible with the Provost’s Secretary or Senior Democratic Services Officer to investigate suitable alternatives. Please note, however, that at very short notice it may be impossible to hire another car and release a second driver, so the use of a taxi may be unavoidable. One week’s notice should be given wherever possible of a need for the car. Drivers are Council Officers who have other duties, therefore and notice is needed as it may be necessary to change shifts or re-roster to accommodate driving duties. Where two or more Councillors of equal priority wish to use the car, priority will be given to use for civic events, then for ministerial visits, then attendance at meetings of outside bodies. In case of urgency arising in relation to an official engagement, Councillors may make direct contact with the taxi firm. The telephone numbers are below and Page 23
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Appendix 1A Councillors must state at the time of booking that the journey should be added to the relevant account (see below). Invoices for journeys will then be sent to the department for payment. CLYDEBANK TOA – XXXXXXXXXXX (quote ‘xxx account’) DUMBARTON and ALEXANDRIA TOA – XXXXXXXXXXX (quote a/c no. xxx) Approved Use of the Provost’s Car Councillors are only allowed to reclaim travel expenses or use of the Provost’s car for duties which are “wholly or necessarily in the performance of their duties as a Councillor”. This is in accordance of HMRC advice on the tax treatment of such payments. The key tests to be applied are:- ▪ Would I have needed to do this journey if I was not a Councillor? ▪ Was the expenditure necessary? In other words, was it necessary to go at this time, to that place and was a cheaper method of transport available? Reclaiming of Taxi Fares paid by Councillors Travel by taxi on approved duties will be reimbursed at the car mileage rate of 45p per mile. In the absence of a Councillor using his/her private car, taxi fares paid by Councillors (i.e. not on taxi account) are reimbursed in full only if there is no suitable alternative public transport available. This is applied to circumstances where a meeting finishes late in the evening or transport is required to catch an early flight or train but could apply also to circumstances whereby a Member’s personal or business commitments leave insufficient time to travel between venues using public transport, such as where a Member’s disability means that use of public transport is unsuitable. Outwith these constraints, if a Member used a taxi, e.g. so as to be able to socialise after the meeting, we would reimburse travel at the car mileage rate (or public transport rate if the Member does not have a car). Publication of the Costs of Member’s use of the Provost’s Car The Council is now required to publish annually any use of the Provost’s car by a Councillor in the annual publication of that Member’s expenses. The costs of such usage are to include not only a share of the purchase or leasing costs of the car, depreciation, servicing and petrol but also a share of the costs of the driver. The cost of this is £26 per hour. This means that use of the Provost’s car is not a particularly cheap method of transport in comparison to other methods of transport. In relation to the Provost, Depute Provost and Bailie, the annual publication records their usage of the car against a separate line for civic usage. All other Councillor’s usage is recorded against them personally meaning that usage of the car may give a misleading impression of high travel costs by that Councillor. If the driver is required to wait to pick up the Councillor (e.g. where the event is outwith West Dunbartonshire) the hourly costs of the driver will also have to be included for such a waiting period, unless the officer is undertaking other duties. Where a number of Councillors and Officers use the car together these costs are split amongst those using it GH/PH November 2020 Page 24
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Appendix 1B ACCEPTABLE EXPENDITURE AND MAXIMUM RATES (a)Breakfast (where no overnight subsistence is claimed) £8 per day (b)Lunch £12 per day (c) Dinner £25 per day Meals taken under paragraphs (a), (b) and (c) are those taken by a member of a local authority outside the electoral ward in respect of which they hold office and not within any council premises (d) Overnight accommodation away from home and council premises (costs for bed and breakfast) £118.63 within London £94.82 elsewhere (e)Costs incurred when travelling by private car or van, motorcycle and bicycle, on approved duties. 45p per mile for travel by car or van 24p per mile for travel by motorcycle 20p per mile for travel by bicycle 5p per passenger per mile where both the passenger(s) and the Councillor are carrying out approved duties. (f) Other particular costs of travel by private car, motorcycle or bicycle, being– (i) parking charges (ii) road pricing schemes and congestion charging (where applicable) (iii) ferry fares Receipted cost of expense Receipted cost of expense Receipted cost of expense (g) Road and bridge tolls Actual cost of expense Page 25
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(h)Public transport (including taxis, where public transportation is unavailable or impractical) Receipted cost of expense (i) Telephone and computer line rental for use of personal telephone and computer for approved duties 50 per cent of line rental cost (j) Telephone and computer line rental for second line for approved duties use Receipted cost of expense (k) Telephone and computer costs (apart from calls or line rental) necessarily incurred for approved duties Receipted cost of expense – should be exceptional (N.B. Provision of telephone and computer direct from Council) (l) Calls made in respect of approved duties, upon a home telephone, networked personal computer, fax machine, or personal mobile telephone Receipted cost of expense – should be exceptional (N.B. Provision of telephone and computer with inclusive calls etc.) Page 26
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Appendix 2 SENIOR COUNCILLOR POSITIONS AS AT MAY 2022 Appointments Comments Provost Civic Head Depute Provost Leader of the Council Depute Leader of the Council and Spokesperson for Community Empowerment Senior Councillor Convener of Audit Committee (from Opposition) Senior Councillor Convener of and Spokesperson for Corporate Services Senior Councillor Convener of and Spokesperson for Communications, Museums and Cultural Development Senior Councillor Convener of the HSCP IJB and Spokesperson for Social Work & Health Senior Councillor Convener of and Spokesperson for Educational Services Senior Councillor Convener of and Spokesperson for Housing & Communities Senior Councillor Convener of and Spokesperson for Infrastructure, Regeneration and Economic Development Senior Councillor Convener of the Planning and Licensing Committees Senior Councillor Convener of the Licensing Board (subject to agreement of the Board) Senior Councillor Convener of the Appeals Committee Convener of the Tendering Committee Page 27
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory and Regeneration Statutory Meeting of West Dunbartonshire Council: 18 May 2022 Subject: Appointments to Council committees and other bodies 1. Purpose 1.1 To provide information to allow the Council to consider appointments to a number of Council committees and other bodies. 2. Recommendation 2.1 Council is asked to consider appointing members to:- (a) Council committees and other constituted bodies and to grant authority to the Chief Officer – Regulatory and Regeneration to agree to any proxy attending the West Dunbartonshire Health and Social Care Partnership Board instead of a nominated member; (b) Council working groups and trusts; (c) Joint boards / committees and strategic partnerships; and (d) Outside bodies. 2.2 Details of the nominations sought are detailed in the four appendices attached to this report. 3. Background 3.1 Full memberships of the current committee structure, working groups and other constituted bodies are required to allow meetings to continue to take place and business to be dealt with. 3.2 Appointments to outside bodies are also invited and should reflect any requirements provided by the individual organisations, as detailed in Appendix 4. 4. Main Issues Council committees and other constituted bodies 4.1 To allow the continuation of the current committee structure and to allow meetings to take place Council is required to appoint members to the committees and other ITEM 7 Page 29
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constituted bodies detailed in Appendix 1 to this report. It is important that the appointments reflect the political balance of the Council. 4.2 While there is no legal requirement in Scotland to achieve an exact political balance on committees it is important that appointments take into account the political balance of the Council. In particular, it is good practice to avoid committees whose membership is taken from a single party. 4.3 Council is also required to appoint a Convener (Chair) and Depute Convener to the committees. Appeals Committee 4.4 It should be noted that only Elected Members who have been trained in hearing appeals can sit on the Appeals Committee and make decisions. Training will be provided to those members who require it. Planning Committee 4.5 When appointing members to the Planning Committee, Council should aim to achieve a membership that is balanced geographically over the six Council wards. Council Working Groups and Trusts 4.6 A list of active Council working groups and trusts that require nominations is attached as Appendix 2. Joint boards/committees and strategic partnerships 4.7 A list of joint boards, joint committees and strategic partnerships that require nominations is attached as Appendix 3. Outside Bodies 4.8 A list of the organisations that are currently inviting nominations from West Dunbartonshire Council is attached as Appendix 4. This includes the Council’s delegation to the Convention of Scottish Local Authorities (COSLA). COSLA 4.9 Notification has been received that a meeting of Council Leaders will be held on Friday, 27 May 2022 and requesting that, if possible, the name and contact details of the Leader of the Council be provided to COSLA by 20 May. 4.10 COSLA has requested that notification of the Council’s three delegates to the Convention be given as soon as possible, but ideally no later than 27 May 2022. Page 30
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The COSLA Constitution states that the delegation must reflect the balance of party political representation within the Council. 4.11 The first Convention is on Friday, 17 June 2022 and it will be the Convention delegates who nominate for the posts of President and Vice President of COSLA. The deadline for these nominations is 27 May, and must result in gender-balanced appointments. This deadline (3 weeks in advance of the meeting) is set out in the Constitution so cannot be varied. It will be Convention delegates who nominate for the posts of President and Vice President, not Councils. 4.12 Meetings of COSLA Boards are likely to commence in August, however the Council’s representatives can be notified at the same time as the Convention delegates. Protecting Vulnerable Groups Scheme (PVG) 4.13 The Protection of Vulnerable Groups (Scotland) Act 2007 provides for members of certain Council committees and joint boards to be eligible for PVG Scheme membership due to the position they hold. The committees and joint boards concerned are:- Educational Services Committee Housing and Communities Committee West Dunbartonshire Health & Social Care Partnership Board 4.14 If Elected Members who have any restriction on them are appointed to the aforementioned committees and/or board an offence is committed by the Members and in certain circumstances by the Council. Accordingly, Members who are appointed to these will require to have PVG checks carried out. 5. People Implications 5.1 There are no personnel issues. 6. Financial and Procurement Implications 6.1 There are no financial or procurement implications. 7. Risk Analysis 7.1 There may be a reputational risk to the Council if it chooses not to make nominations to the outside bodies, boards and/or strategic partnerships. Page 31
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8. Equalities Impact Assessment (EIA) 8.1 The Council’s representation on these organisations will have no adverse equality impacts. 9. Consultation 9.1 Officers in the legal and finance sections of the Council have been consulted on the content of this report. 10. Strategic Assessment 10.1 The continuation of Council business and its representation on other organisations will contribute towards achieving the Council’s strategic priorities. Peter Hessett Chief Officer – Regulatory and Regeneration April 2022 Person to Contact: Christine McCaffary, Senior Democratic Services Officer, Email: christine.mccaffary@west-dunbarton.gov.uk Appendices: Appendix 1 – List of Council committees and other constituted bodies Appendix 2 - List of Council working groups and trusts Appendix 3 – List of joint boards/committees and strategic partnerships Appendix 4 - List of outside bodies Background Papers: None Wards Affected: All Wards Page 32
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Appendix 1 COMMITTEES AND OTHER CONSTITUTED BODIES REQUIRING NOMINATIONS COMMITTEES MEMBERSHIP REQUIRED ADDITIONAL INFORMATION Alexander Cross Cameron Bequest Committee 11 All elected members of Wards 4, 5 and 6 in Clydebank Appeals Committee Will comprise all elected members of the Council who wish to be members of the Committee and have undertaken training on appeals within the last 5 years, only 4 of whom shall sit on any individual committee. For appeals concerning teaching staff, at least one member will also be a member of the Educational Services Committee. Audit Committee 8 Corporate Services Committee 12 Cultural Committee 5 Dumbarton Trust Committee 4 All elected members of Ward 3 in Dumbarton Educational Services Committee 14 Housing & Communities Committee 12 Infrastructure, Regeneration & Economic Development Committee 12 Licensing Committee 8 Previous practice has been for the Licensing and Planning Committees to have almost identical memberships, being regulatory in nature. Licensing Forum 1 Will be the chair of Licensing Board Page 33
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Appendix 1 COMMITTEES MEMBERSHIP REQUIRED ADDITIONAL INFORMATION Local Review Body 10 All members of the Planning Committee Planning Committee 10 Previous practice has been for the Licensing and Planning Committees to have almost identical memberships, being regulatory in nature. Recruitment & Individual Performance Management Committee 5 5 as standing members plus, where not already one of the standing elected members, the relevant Service Convener. The standing elected members will be the Provost, Leader of the Council, Depute Leader of the Council and Leader of the Opposition as well as one Opposition (other) Tendering Committee 8 OTHER CONSTITUTED BODIES MEMBESHIP REQUIRED COMMENTS Community Alliance 3 The purpose of the Alliance is to scrutinise the work of the Community Planning West Dunbartonshire Management Board listed in Appendix 3. Its membership also includes representatives from local community based groups. Joint Consultative Forum (JCF) 7 All should be members of the Corporate Services Committee Licensing Board 8 Local Negotiating Committee for Teachers (LNCT) 4 Page 34
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Appendix 2 ACTIVE COUNCIL WORKING GROUPS AND TRUSTS REQUIRING NOMINATIONS Active as at 1 April 2022 Working Group / Trust Membership Additional information Member/Officer Working Group on Equality and Diversity 5 3 Administration and 2 others Gaul Trust 2 Provost and Depute Provost Cultural Committee Working Group (Redevelopment of Clydebank Town Hall) 5 Members of Cultural Committee Cultural Committee Working Group (80th Anniversary of the Clydebank Blitz) 5 Members of Cultural Committee Page 35
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Appendix 3 LIST OF JOINT BOARDS, JOINT COMMITTEES AND STRATEGIC PARTNERSHIPS REQUIRING NOMINATIONS MAY 2022 NAME OF ORGANISATION NOMINATIONS REQUIRED OTHER INFORMATION Clyde and Loch Lomond Plan Joint Committee 1 plus 1 substitute Member will have decision-making capacity as a director, trustee or executive of the organisation. A prior knowledge or interest in flooding would be desirable however not essential. Community Planning West Dunbartonshire 3 plus 3 substitutes Meets four times per year, Community Planning West Dunbartonshire (CPWD) is a management group representing the key community planning partners for the area. Dunbartonshire and Argyll and Bute Valuation Joint Board 5 plus 5 substitutes Meets three times per year, joint board with Argyll & Bute and East Dunbartonshire Councils. Dunbartonshire Educational Trust – Governors 3 Generally meets twice per year either in Clydebank or Dumbarton. Joint Board with East Dunbartonshire, Argyll & Bute and North Lanarkshire Councils. Glasgow City Region City Deal 1 (Leader plus substitute) Involves 8 neighbouring Councils NHS Greater Glasgow and Clyde Board 1 Nominee should be the Leader of the Council, Depute Leader or spokesperson for health matters who, once confirmed by the Scottish Government minister will become a non-executive director. Shared Services Committee 4 Joint Committee with Inverclyde Council. Strathclyde Pension Fund Pension Board 1 Pension Board representatives are required to adhere to the Model Code of Conduct as specified by Scottish Government (details can be found at: http://www.scotland.gov.uk/Topics/Government/local- government/governance/ethical-standards/codes Page 36
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Appendix 3 NAME OF ORGANISATION NOMINATIONS REQUIRED OTHER INFORMATION West Dunbartonshire Environment Trust 1 Trustees meet up to four occasions plus an AGM. The meetings are normally held in Strathleven House, Dumbarton. Member will have decision- making capacity as a director, trustee or executive of the organisation. West Dunbartonshire Health and Social Care Partnership Board 3 plus 3 substitutes Responsible for the planning and the delivery of high quality health and social care services to and with the communities of West Dunbartonshire. The 3 nominees will also become members of the HSCP Audit and Performance Committee. West Dunbartonshire Leisure Trust 3 Board and committees meet approximately 6 times per year. In addition, Directors are expected to attend training sessions which will be designed to help them perform effectively. Member will have decision-making capacity as a director, trustee or executive of the organisation. Knowledge of leisure services and/ or skilled in a profession (company law, marketing or business management would be desirable). Strong business background with a focus on performance and improvement or other capacity that will add value and support to Board decision making, in recognising the lack of diversity currently on the Board, applications from groups which are currently under- represented on the Board, including women and those from black and ethnically diverse communities would be welcome. Page 37
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Appendix 3 NAME OF ORGANISATION NOMINATIONS REQUIRED OTHER INFORMATION West of Scotland Archaeology Service Joint Committee 1 plus 1 substitute Meets no more than twice per year, in Glasgow or via MS Teams. Members of the Joint Committee are responsible for ensuring that the work of the archaeology joint service is conducted in accordance with the law and proper standard and that the public money is safeguarded, properly accounted for and used economically, efficiently and effectively. Member will have decision-making capacity as a director, trustee or executive of the organisation. An interest in historic environment and/ or planning and land-use change would be beneficial. Page 38
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APPENDIX 4 LIST OF ORGANISATIONS INVITING NOMINATIONS FROM WEST DUNBARTONSHIRE COUNCIL - MAY 2022 NAME OF ORGANISATION NOMINATIONS INVITED OTHER INFORMATION Association for Public Service Excellence 1 plus 1 substitute Member will be non-voting at advisory group meetings and seminars. Could be represented by an officer. Clyde Naval Base Local Liaison Committee 1 plus 1 substitute Clydebank Housing Association Ltd 2 plus 1 substitute Management Committee meetings once per month (Tuesday evenings). Sub Committee meetings quarterly and invites to participate in Committee training will be encouraged. Advisory capacity only. Experience with development activity and working with community groups would be desirable. Could be represented by an officer. Convention of Scottish Local Authorities (COSLA) Convention 3 COSLA Board - Children and Young People 1 plus 1 substitute COSLA Board – Community Wellbeing 1 plus 1 substitute COSLA Board – Environment and Economy 1 plus 1 substitute COSLA Board - Health and Social Care 1 plus 1 substitute Dunbritton Housing Association - Management Committee 1 Could be represented by an officer. 10 board meetings, inclusive of an AGM (6pm on Wednesdays). Advisory capacity only. Previous experience of working with the board in this capacity is desirable but not essential. Page 39
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NAME OF ORGANISATION NOMINATIONS INVITED OTHER INFORMATION Glasgow Airport Consultative Committee 1 Committee meets 4 times per year; usually in January, April, July and October. Advisory capacity only. The nominated Councillor would be expected to attend all meetings and to represent the views of the local authority in regards to airport matters. It is important that the representative can share the views of the local authority they represent and engage with the committee and airport in an open and professional manner. Could be represented by an officer. Glasgow Airport Flightpath Fund Board 1 Meet 5-6 times per year. Member would have decision- making capacity as a director, trustee of executive of the organisation. Councillors chosen because they have a unique knowledge of the area. Also the fund receives many applications for support that may fall under the remit of the local authority and can often give guidance on this. The Clydebank area falls under the airport’s actual flightpath, which is why it is important to have a councillor from that area. Could be represented by an officer. Glasgow and Clyde Valley Strategic Development Planning Authority 1 plus 1 substitute Page 40
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NAME OF ORGANISATION NOMINATIONS INVITED OTHER INFORMATION Highland Reserve Forces and Cadets Association 1 3 area meetings and 1 full Association meeting per year. Requirement to attend 1 Regional meeting (South) and the annual association meeting. Advisory capacity only. The Council’s Armed Forces Champion would be ideal. A knowledge of the Armed Forces would be helpful but is not essential. Could be represented by an officer. Loch Lomond and The Trossachs National Park Authority 1 4 full board meetings plus various committee and group meetings are held each year, mostly at HQ in Balloch. Member would have decision-making capacity as a director, trustee or executive of the organisation. Ward to be at least partly in National Park boundary. Encourage diversity in the board and would welcome a Council nomination contributing to board diversity. N.B – this is a statutory appointment under the National Park (Scotland) Act 2000. Council nominations are subject to approval by Scottish Government Ministers. Knowledge and interest in the aims of the National Park would be desirable. Lomond and Clyde Care and Repair 2 plus 2 substitutes Meet 5 times per year (every quarter with AGM held in September). Advisory capacity only. As a charity, request representatives are familiar with the work within West Dunbartonshire although this is not compulsory. Could be represented by an officer. Page 41
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NAME OF ORGANISATION NOMINATIONS INVITED OTHER INFORMATION Nuclear Free Local Authorities (Scotland) 1 plus 1 substitute 4 meetings per year. Members are expected to attend meetings, agree recommendations on various reports in relation to nuclear activities and policy. Member would have decision-making capacity as a director, trustee or executive of the organisation. Could be represented by an officer. Scotland Excel 1 plus 1 substitute Joint Committee meets twice per year in Glasgow City Council Chamber or via MS Teams. Member would have decision-making capacity as a director, trustee or executive of the organisation Scottish Councils' Committee on Radioactive Substances 1 Meets 2-3 times per year in the Council Office or via MS Teams. Remit and Standing Orders available. Strathclyde Concessionary Travel Scheme Joint Committee 1 plus 1 substitute Meets twice per year, plus ad hoc if required. In person at 131 St Vincent Street or via video conference. Member would have decision-making capacity as a nominated representative on a local authority joint committee established under the Local Government Scotland Act. Interest in public transport would be desirable. Strathclyde Partnership for Transport (SPT) 1 plus 1 substitute 4 partnership meetings per year plus a full calendar of Committees every quarter. In person at 131 St Vincent Street or via video conference. Member would have decision-making capacity as a nominated representative on a regional transport authority. Interest in public transport would be desirable. Page 42
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NAME OF ORGANISATION NOMINATIONS INVITED OTHER INFORMATION Strathleven Regeneration CIC 2 (1 to be Leader of the Council) Board meetings bi-monthly in Strathleven House. Advisory and decision-making capacity as a director, trustee or executive of the organisation. Economic regeneration, property development and community based regeneration expertise would be useful. West Dunbartonshire Area Support Team (local authority member) 1 Nominee will have an overview of the Children's Hearings System and the Children's Panel in their area. To act as an important link between the Children's Panel, elected members and Council officers. West Dunbartonshire Citizens Advice Bureau 1 Meet on a monthly basis via Zoom with at least one in-person meeting in Dumbarton. Member would have decision-making capacity as a director, trustee of executive of the organisation. West Dunbartonshire Energy Board LLP 3 West of Scotland Archaeology Service Joint Committee 1 plus 1 Could be represented by an officer. Meet no more than twice per year in Glasgow or via MS Teams. Member would have decision-making capacity as a director, trustee or executive of the organisation. An interest in historic environment and/ or planning and land-use change would be beneficial. Page 43
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NAME OF ORGANISATION NOMINATIONS INVITED OTHER INFORMATION West of Scotland European Forum 1 plus 1 Could be represented by an officer. Meet a minimum of twice per year – meetings generally take place in Glasgow or via MS Teams. The representative would be expected to contribute to the Forum’s policy making and advocacy agenda. Advisory capacity only. Expertise in social and economic regenerations and external funding would be desirable. West of Scotland Regional Equality Council 1 plus 1 Could be represented by an officer. 6 meetings per year and AGM. Member would be required to attend Board of Directors meeting as an observer. Advisory capacity only. Background in equalities if possible. Page 44
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ITEM 8 WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory and Regeneration Statutory Meeting of Council: 18 May 2022 Subject: Membership of West Dunbartonshire Local Licensing Forum 1. Purpose 1.1 To seek approval of the membership of the West Dunbartonshire Local Licensing Forum following the local government elections on 5 May 2022. 2. Recommendations 2.1 It is recommended that Council approves the membership of the West Dunbartonshire Local Licensing Forum in terms of the Licensing (Scotland) Act 2005 following the new appointments made at the Meeting of the Local Licensing Forum on 8 March 2022. 2.2 Members are requested to note that the Chair of the Licensing Board will be appointed at the Statutory Meeting of Council and will assume the position on the Licensing Forum. 3. Background 3.1 The Licensing (Scotland) Act 2005 required each council to establish a Local Licensing Forum. The Forum’s functions are to keep under review the operation of the licensing system within West Dunbartonshire, the exercise by West Dunbartonshire Licensing Board of its functions and give advice and make recommendations to the Board. 3.2 In terms of the Act, the Forum is to consist of between five and not more than twenty one Members and it is for the Council to appoint Members. In appointing Members to the Forum the Council must seek to ensure that so far as possible that membership of the Forum is representative of:- Holders of Premises Licences and Personal Licences The Chief Constable for the police area in which the Forum area is situated Persons having functions relating to health, education or social work Young people Persons resident within the Forum’s area A Member nominated by the Health Board in terms of the Alcohol etc. (Scotland) Act 2010 A Licensing Standards Officer for the area 4/ Page 45
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4 Main Issues 4.1 The Forum’s meeting was held on 8 March 2022 and the members of the Forum who were appointed or re-appointed were:- Representatives of Premises Licence Holders and Personal Licence Holders Paul Smith, Premises Operator for late night entertainment Iain McLean, Personal Licence Holder Brian McNeill, Representative of Off Sale Section of Licensed Trade Representative of Police Scotland Chief Constable Sergeant David Holmes, Licensing Sergeant, “L” Division Pubwatch Member Vacancy Representative(s) of Supermarkets in the area Allan Cowan, Manager of Lidl Supermarket, Dumbarton Representative(s) of the Community Linda Speir, Silverton and Overtoun Community Council Pauline Larking, Bonhill and Dalmonoak Community Council Isobel Plunkett, Old Kilpatrick Community Council Representative(s) of Health Sylvia Chatfield, Head of Mental Health, Learning Disability and Addiction, West Dunbartonshire Health and Social Care Partnership Board Representative of Members’ Clubs Vacancy Chair of the Licensing Board Councillor Ian Dickson – Chair of the Licensing Board Licensing Standards Officer(s) Peter Clyde Lawrence Knighton Representatives of Young People Page 46
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Tian Qi Yu, MSYP Representative Jessica Boyle, MSYP Representative 5. People Implications 5.1 There are no people or staffing implications for the Council in this report. 6. Financial and Procurement Implications 6.1 There are no financial or procurement implications for the Council in this report. 7. Risk Analysis 7.1 Failure to appoint members of the West Dunbartonshire Local Licensing Forum will result in a breach of the Licensing (Scotland) Act 2005. 8. Equalities Impact Assessment (EIA) 8.1 The appointment of persons to the Forum has a positive equalities impact insofar it ensures that the interests of all representative groups are taken into account in the work of the Local Licensing Forum. 9. Consultation 9.1 No consultation has been carried out in relation to this report. 10. Strategic Assessment 10.1 The work of the Local Licensing Forum and the close relations it has with the Licensing Board are of assistance to the Licensing Board and help it deal with the area’s alcohol related problems. This contributes to the Council’s strategic priorities to improve economic growth and employability, improve life chances of children and young people and improve the well-being of communities and protect the welfare of vulnerable people. Peter Hessett Chief Officer – Regulatory and Regeneration Date: 22 March 2022 Person to Contact: Nigel Ettles – Principle Solicitor Email: nigel.ettles@west-dunbarton.gov.uk Appendices: None Page 47
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Background Papers: None Wards Affected: All Page 48
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory and Regeneration Statutory Meeting of West Dunbartonshire Council: 18 May 2022 Subject: Proposed Standing List of Conferences 1. Purpose 1.1 To request the Council to consider approving a Standing List of Conferences. 2. Recommendation 2.1 It is recommended that the Council:- (a) approves the proposed Standing List of Conferences as detailed in the appendix to this report; and (b) notes that, as detailed in the Council’s Scheme of Delegation, powers are delegated to the Chief Executive / Chief Officers to authorise, within budgetary limits, the attendance of individual elected members at specific conferences, seminars, etc., that are not on the approved Standing List of Conferences. 3. Background 3.1 The current standing list of conferences was approved by Council in May 2017 and now requires to be updated. 4. Main Issues 4.1 The previously approved list was circulated to the Chief Executive and Chief Officers for comment and has been updated to reflect changes to the structure of Council departments and changes to the programme of local government conferences since 2017. 5. People Implications 5.1 There are no implications for Council employees as this report recommends the continuation of the existing practice. 6. Financial and Procurement Implications 6.1 There is provision for members’ attendance at conferences, seminars, etc., in the 2022/23 budget and therefore there are no additional financial implications for the Council. There are no procurement implications. ITEM 9 Page 49
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7. Risk Analysis 7.1 Failure to approve a Standing List of Conferences could lead to disputes over who should/should not attend such conferences in the future and it is recommended that this situation be avoided. 8. Equalities Impact Assessment (EIA) 8.1 There is no impact on any equalities groups. 9. Consultation 9.1 Officers in Finance and Legal have been consulted on the content of this report. 10. Strategic Assessment 10.1 Attendance at conferences is a good way for elected members and officers to learn what other councils are doing and to discuss different ways of delivering services. It is also important that elected members are made aware of developments elsewhere in local government in Scotland as this may assist them to make well-informed decisions on the strategic priorities of this Council. Peter Hessett Chief Officer – Regulatory and Regeneration Date: April 2022 Person to Contact: Christine McCaffary, Senior Democratic Services Officer, e-mail: christine.mccaffary@west-dunbarton.gov.uk Appendix: Proposed List of Standing Conferences Background Papers: List of Standing Conferences (approved May 2017). Wards Affected: None Page 50
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Proposed Standing List of Conferences May 2022 Chief Officer Area / Conference Delegate (s) Chief Executive Cosla Annual Conference Association of Public Service Excellence (APSE) Annual Conference Leader of the Council and Cosla representatives (as nominated by Council) Convener or Depute Convener Citizen, Culture and Facilities Association of Service Solutions for Scotland Annual Conference Convener or Depute Convener Educational, Learning and Attainment Association of Directors of Education Church Representatives’ Conference Scottish Learning Festival Convener or Depute Convener Religious representatives on the Educational Services Committee Convener or Depute Convener Housing and Employability Chartered Institute for Housing (CIH) Annual Conference Convener or Depute Convener Resources Institute of Revenues, Rating and valuation (IRRV) Scottish Annual Conference and Exhibitions CIPFA Scottish Conference and Exhibitions Convener or Depute Convener Convener or Depute Convener Regulatory and Regeneration Scottish Licensing Law and Practice Conference Scottish/ Convener or Depute Convener ITEM 9 APPENDIX Page 51
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Scottish Local Authority Economic Development Annual Conference Economic Development Association Scotland Scotland’s Towns’ Partnership Convener or Depute Convener Convener or Depute Convener Convener or Depute Convener Supply, Distribution and Property: Scotland Excel Convener or Depute Convener Page 52
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WEST DUNBARTONSHIRE COUNCIL Report by the Chief Officer – Regulatory and Regeneration Statutory Meeting of West Dunbartonshire Council: 18 May 2022 Subject: Expenditure on Civic Events and Hospitality 1. Purpose 1.1 This report asks the Council to approve the current practice for the authorisation of expenditure in relation to civic events and hospitality. 2. Recommendations 2.1 The current arrangements have operated satisfactorily under the previous Council and officers have no concerns about the arrangements continuing under any new Administration who are appointed following the elections in May. 2.2 It is recommended that the Council should continue the existing arrangements for authorising expenditure in relation to civic events and hospitality as outlined in paragraph 3.2 below. 3. Background 3.1 The total budget for Civic Events and Hospitality for 2022/23 is £39,000 and this has been split into two categories of expenditure as follows: Civic Events £7,000 Provost’s Hospitality £32,000 3.2 The current practice is that the Provost's Office organises small scale civic events and hospitality and any decision to hold larger events are made by Council or committee, with the exception of the Provost’s Civic Awards Ceremony which is jointly funded by the Council and by sponsorship. Strictly speaking the Local Government (Scotland) Act does not allow decisions to be delegated to individual members so such decisions are taken by officers, in consultation with and on the recommendation of the Provost. The present procedure is that on this basis officers can authorise expenditure up to a maximum of £1,000 per event, within overall budgetary limits. For events where total expenditure is over £1,000, approval of such events also requires the agreement of the Leader of the Council in advance of the expenditure being incurred. It should be noted that the budget is operated and monitored by officers and all invoices are paid in accordance with the Council’s financial regulations and procedures. ITEM 10 Page 53
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4. Main Issues 4.1 The current arrangements have operated satisfactorily under the previous Council and officers have no concerns about the arrangements continuing under any new Administration appointed following the elections in May. 4.2 Given the nature and timescales involved in the organisation of civic events there are benefits to be gained from having a less bureaucratic approach to decision making while at the same time maintaining a reasonable level of control over the expenditure. 5. People Implications 5.1 There are no implications for Council employees. 6. Financial and Procurement Implications 6.1 As previously stated the budget for civic events and hospitality has been agreed by the Council and is monitored by officers. Like any other budget, variations are reported to the relevant committee where elected members have the opportunity to ask questions about any spend and variances. 7. Risk Analysis 7.1 Given the small levels of expenditure involved and the monitoring procedures outlined above there is very little risk to the Council. 8. Equalities Impact Assessment (EIA) 8.1 There is no impact on any equalities groups. 9. Consultation 9.1 Officers from Legal Services and Finance Services have been consulted on the content of this report. 10. Strategic Assessment 10.1 Although civic functions may not feature as a specific heading under the Council’s strategic priorities, they play a key role in promoting the work of the Council and the people of West Dunbartonshire both within and outwith the Council’s area. Peter Hessett Chief Officer – Regulatory and Regeneration Date: 15 March 2022 Page 54
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Person to Contact: George Hawthorn, Manager of Administrative and Democratic Services, Council Offices, Garshake Road, Dumbarton. Telephone No. 01389-737204 or e-mail: george.hawthorn@west-dunbarton.gov.uk Appendices: None Background Papers: None Wards Affected: None Page 55
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory and Regeneration Statutory Meeting of West Dunbartonshire Council: 18 May 2022 Subject: Affiliations 1. Purpose 1.1 To provide the Council with information on the organisations to which it is currently affiliated and to seek approval to continue these affiliations. 2. Recommendation 2.1 The Council is asked to continue the affiliations detailed in the Appendix to this report, subject to any future Council decision. 3. Background 3.1 At its Statutory Meeting on 17 May 2017, the Council agreed to affiliate to the organisations shown in the Appendix attached. 3.2 The current annual affiliation cost for each is provided for information. Members should note that these fees normally increase by inflation on an annual basis. 3.3 These affiliations are still active and it is therefore appropriate that they be reviewed at this time. 3.4 The Appendix does not include affiliations to professional bodies to which relevant professional services of the Council are affiliated and are therefore funded by departmental budgets. 4. Main Issues 4.1 It is possible that, during the term of this Council, additional requests may be received from external organisations seeking affiliation. Such requests will be submitted to Council for consideration in line with the Council’s Standing Orders. 5. People Implications 5.1 There are no personnel issues. ITEM 11 Page 57
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6. Financial and Procurement Implications 6.1 The Council is currently affiliated to the organisations listed in the Appendix and therefore provision has been made for this expenditure within the Council’s revenue budgets. 6.2 There are no procurement implications. 7. Risk Analysis 7.1 There is no requirement to undertake a risk assessment in relation to the recommendations of this report. 8. Equalities Impact Assessment (EIA) 8.1 The Council’s representation on these organisations will have no adverse equality impacts. 9. Consultation 9.1 Officers in Finance and Legal have been consulted on the content of this report. 10. Strategic Assessment 10.1 The business considered by many of these organisations will contribute towards achieving the Council’s strategic priorities. Peter Hessett Chief Officer – Regulatory and Regeneration Date: April 2022 Person to Contact: Christine McCaffary, Senior Democratic Services Officer, e-mail: christine.mccaffary@west-dunbarton.gov.uk Appendix: List of Affiliations to External Organisations as at 30 April 2022 Background Papers: List of Affiliations (approved May 2017) Wards Affected: None affected Page 58
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ITEM 11 APPENDIX Organisations Currently Affiliated to as at 30 April 2022 Organisation 2021/22 Fee Comments Convention of Scottish Local Authorities (COSLA) £72027 Councillor-led, cross-party organisation championing councils’ vital work to secure the resources and powers they need. Nuclear Free Local Authorities £1396 Includes 12 month affiliation to NFL Authorities (Scotland) National Association of Councillors £422.40 The NAC’s agenda is to look after Councillors' interests Commonwealth Local Government Forum £1195 Promotes effective and democratic practices in local governments throughout the Commonwealth Page 59