Agenda and minutes

There were no declarations of interest.

To approve as a correct record the minutes of the meetings held on 28 November 2016 and 19 December 2016     .

The minutes of the meeting held on 28 November 2016 were approved as a correct record and signed by the Chair.

The minutes of the meeting held on 19 December 2016 were approved as a correct record and signed by the Chair, subject to clarification that Councillor Hyman was in attendance as substitute for Councillor Hilton.

There were no questions from members of the public.

To receive any petitions and deputations provided that no such petition or deputation is in relation to:

·         Matters relating to individual Council Officers, or

·         Matters relating to current or pending legal proceedings

There were no petitions or deputations.

To receive the latest version of the Committee’s work programme and the Council’s Forward Plan.

The Chair informed the Committee that due to a change to the Cabinet Forward Plan, the items originally scheduled for the Committee meeting on 9 January 2017 had been unavailable. He confirmed the Committee’s intention to scrutinise these items when they became available.

The Chair proposed a special meeting of the Overview and Scrutiny Committee in order to fulfil the request from Council on the 1^st December 2016 to receive an update on deployment of resources from the Community Safety Partnership and the Chief Constable of Gloucestershire Constabulary. The Committee agreed to this and that the Lead Members would arrange this for a suitable date.

The Chair proposed that the Festival and Events Programme for 2017-2018 be scrutinised at the following Committee meeting, as Members had previously expressed an interest in this matter.

To receive the report of the Cabinet Member for Environment which sets out recent changes in legislation to deal with the significant increase in the reported cases of fly-tipping on public land in England in 2013/2014 and to seek permission to impose Fixed Penalty Fines in line with the legislation

The Chair welcomed Councillor Cook (Cabinet Member for Environment) and Wayne Best (Environmental Protection Manager) to the meeting. Councillor Cook laid out the details of the proposed policy, which were to introduce a Fixed Penalty Notice (FPN) of £400, reduced to £300 if paid within 10 days, for the unauthorised deposit of waste or fly-tipping. He explained that fly-tipping was an increasing problem in Gloucester and that prosecuting offenders was both challenging and costly. He said that the FPN would help the Council meet residents’ expectations of a clean City and that other alternatives had been deemed to be not as efficient as the FPN scheme.

Councillor Haigh welcomed this move by the Administration and drew attention to paragraph 3.10.2 of the report, which stated that a contributing factor to the problem of fly-tipping was the introduction of charges for the collection of garden waste and household items, and asked for comment on this. Councillor Cook stated that the majority of fly-tipped waste was trade waste and as such fly-tipped garden waste was not a large issue in the area.

Councillor Haigh asked if the Council had the resources to introduce and monitor FPN enforcement Councillor Cook stated that resources would always be an issue but the policy should save money and time by reducing the need to prosecute fly-tippers.

Councillor Hampson asked for clarification of paragraph 6.2, which referred to investment in new technology to assist in the implementation of this policy, with regards to the type and cost of the new technology. Councillor Cook explained that the new technology was battery operated mobile cameras, which would be deployed in areas with a high level of fly-tipping. He said that due to their deployment in Matson Park, the cameras had recorded someone fly-tipping earlier that day. He explained that the cameras cost under £450 each and that any revenue generated would be invested in new cameras. Wayne Best provided further information regarding the cameras and advised that the footage was live streamed to a secure central server and could be accessed quickly when needed.

Councillor Ryall asked for clarification of the legal definition of fly-tipping. Wayne Best explained that the definition was subjective, but that the Council would prosecute someone for dumping 10 bags or more. He explained that the Council was taking legal advice about where to set the limits of the FPN but that this was still in discussion. Councillor Ryall enquired if there would be the opportunity for people to appeal the FPN. Wayne Best confirmed this would be possible but he expected there to be a low number of appeals.

Councillor Hilton stated that it would be necessary to define what fly-tipping was. He used the example of a bag which had been left for the waste collectors but had then been kicked down the street by another party. He also raised concerns regarding the use of cameras, with reference to the Regulation of Investigatory Powers Act 2000 (RIPA) and the security of the recorded  ...  view the full minutes text for item 66.

To receive the report of the Cabinet Member for Environment which proposes the introduction of a policy to charge for the replacement of waste containers.

The Chair welcomed Councillor Cook (Cabinet Member for Environment) and Lloyd Griffiths (Head of Neighbourhood Services), to share details of the proposal to introduce replacement waste container charges. Councillor Cook stated that in appendix 3, paragraph 2 of the report, there was a reference to food caddies which had been included in error. Councillor Cook explained that on average the Council spent £100,000 on replacement waste containers per year and much of the cost was due to damage caused by the public. He explained that the proposed charge would reduce the Council’s annual spend on containers and also encourage residents to take greater care of their Council issued waste containers.

Councillor Hilton enquired what the charge covered and after it was paid who owned the waste container. Lloyd Griffiths explained that it would cover the cost of administration, the cost of the physical container and delivery, if required. He said that the waste container would still be the property of Gloucester City Council.

Councillor Hilton queried the requirement for people to obtain a police crime number, in order to avoid the replacement waste container charge.  He stated that this was not a productive use of police resources and that the Council should trust the public when they report waste containers missing or stolen.

Councillor Ryall asked if waste collection crews had to report any damage or loss of containers they caused. Lloyd Griffiths explained that collection crews had to record any damage on crew sheets. He explained that the turnover of waste containers was high and that the Council was aware that many of these weren’t stolen but were repurposed by homeowners. He also stated that many other local authorities charged for replacement waste containers.

The Chair asked if a resident moved into a property and there was no waste container, would they be expected to pay the charge. Lloyd Griffiths stated that in that case, the container would not be charged for.

Councillor Haigh asked how a resident would be aware of the difference between their container being lost or being stolen, as once they had put it out for collection, the resident could not be expected to monitor it until collected. She was concerned that the charging of vulnerable people for replacement waste containers could cast a negative light on the Council. Lloyd Griffith explained that the purpose of the policy was foremost to promote responsible care of the Council issued waste containers.

Councillor Ryall asked if it was a reasonable expectation to rely on Amey to maintain records of container damage, given previous issues with the Amey contract. Councillor Cook stated that he had been made aware of issues surrounding Amey in the past but over the past 6 months large amounts of training had been given to Amey’s employees and that performance had improved. He stated that he did not feel this would be an issue in the future.

Councillor Hawthorne asked if the Council had spoken with the police regarding the proposal to require a  ...  view the full minutes text for item 67.

To receive the report of the Cabinet Member for Environment that reviews the current charging regime in place in respect of the Councils Garden Waste Collection Service and proposes changes that will properly recover the cost of delivering such a service whilst being mindful of ongoing financial challenges.

The Chair welcomed Councillor Cook (Cabinet Member for Environment) and Lloyd Griffiths (Head of Neighbourhood Services) to present the report proposing an increase in charges related to garden waste collection.

Councillor Cook updated the Committee that the proposal was to increase the yearly charge from £36 a year to £42 a year in 2017/2018 and then to £44 a year in 2018/2019. He outlined that there would be concessionary pricing of £24 in 2017/2018 and of £26 in 2018/2019. He explained that the reason for the increase was that there had been no increase in the charge since the scheme was introduced in 2011 and that increasing the charge would assist the Council in off-setting the cost of its single biggest contract, the Streetcare contract. He also stated that should the popularity of the scheme continue to rise then additional resources would be needed to continue to deliver the service.

Councillor Lewis asked what effect ceasing to deliver the service altogether would have on staffing levels, costs and impact on landfill. Councillor Cook stated there was no intention to cease delivery of the service and that he couldn’t comment on the effect on staffing were the scheme to stop, as Amey managed the staffing of the scheme.

Councillor Haigh stated that the scheme had originally been intended to be cost neutral and that the Cabinet had not made it clear with this report that the cost increase was to generate additional revenue. She referred to the increase in the charges as a discretionary tax. Councillor Cook disagreed with Councillor Haigh’s comments and stated that he had looked into the matter prior to the meeting and that in no area had it stated that the scheme would remain cost neutral. He said he did not see it as a tax, as this was a service that the Council did not have to provide.

Councillor Hawthorne asked for clarification regarding paragraph 5.1 of the report, which he said suggested that the scheme could not be put on hiatus during winter due to the terms of the contract with Amey. Lloyd Griffiths explained that the scheme used crews paid for by the Streetcare Contract, and to remove the garden waste collection service for a part of the year would not meet the savings targets of the Council. Councillor Hawthorne clarified that he was not suggesting an either/or situation but asking if it would be possible to increase the cost, as well as reducing collections during the winter months.  Councillor Morgan expressed the view that it would be difficult for Amey to decommission vehicles and staff for part of the year but that this would be for Amey to manage. He also stated that he didn’t view a winter hiatus as wise, as it could lead to confusion for the public and many people used the service year round. Councillor Hampson said that some local authorities had reduced the service in the winter, due to reduction in use, so to do so would not  ...  view the full minutes text for item 68.

To resolve:-

“That the press and public be excluded from the meeting during the following item of business on the grounds that it is likely, in view of the nature of business to be transacted or the nature of the proceedings, that if members of the press and public are present during consideration of this item there will be disclosure to them of exempt information as defined in Schedule 12A of the Local Government Act 1972 as amended”.

Agenda Item No.               Description of Exempt Information

11                                           Paragraph 3: Information relating to the financial or business affairs of any particular person (including the Authority holding that information).

RESOLVED that the press and public be excluded from the meeting during the following item of business on the grounds that it is likely, in view of the nature of business to be transacted or the nature of the proceedings, that if members of the press and public are present during consideration of this items there will be disclosure to them of exempt information as defined in Paragraph 3 of Schedule 12A of the Local Government Act 1972 as amended.

To receive the report of the Cabinet Member for Regeneration and Economy regarding the progress made on the public consultation for the new Kings Quarter proposals and the procurement of additional resources to enable a planning application to be made in 2017 and to report and recommend on the sale of the Kings Walk shopping centre.

This item was discussed in private session.

After the discussion was completed, the Chair thanked Councillor James and Philip Ardley for their presentation.

RESOLVED – That the report be noted.

Monday 30 January 2017 at 6.30pm

30 January 2017 at 6.30pm