The Minutes of the meeting held on 19 July 2010 were approved as a correct record and signed by the Mayor.

Apologies for absence were received from Councillors Moira Butt, Janet Lowne, Marlene Heron and Myfanwy Wallace.

Apologies for lateness were received from Councillors Brendan Hudson, Edward Joyce, John Keys and Simon Wales.

a)                 Take Part Take Pride

The Mayor reported that over 150 events had taken place across the borough as part of the 2010 Take Part, Take Pride Festival.  These events had culminated in the Move It at the Manor festival in Manor Park and the Belmont Festival attended, by almost 10,000 people.  This had been one of the largest and best attended summer festivals ever to be staged in the borough.

b)        High Street, Sutton - Relaunch

The Mayor reported that at the end of September, the newly refurbished High Street had been launched in a spectacular fashion with the Art of Suburbia Festival.  Nearly 25,000 people had attended the two day festival which featured acclaimed French street performers being hoisted high above the town centre to create a stunning human mobile.

c)                 Services For People suffering from Deafness

The Mayor reported that the Council had recently become the first in the world to enable residents who suffered from deafness to contact customer services and receive instant assistance through a live connection to interpreters on the Council’s website.  Residents could now converse through a British Sign Language interpreter and get instant answers to their queries at any time during normal working hours without making an appointment.

d)        Sutton Life Centre

The Mayor reported that the Sutton Life Centre had opened its doors to its first paying customers at the end of September.  The Mayor expressed the hope that the new centre would prove to be a fantastic asset to the borough as not only did it include a world class education facility for the borough’s students but also a community area, library, café, climbing wall and games room.

e)         Benefit Fraud Investigation Team

The Mayor reported that the Benefit Fraud Investigations Team had received national recognition at the Institute of Revenues Rating and Valuation Awards by winning the ‘Excellence in Anti-Fraud’ award.  The entire Benefits team had also been recognised as the ‘Most Improved Team of the Year.’  The team had recovered £500,000 in fraudulent claims in the last year and, on behalf of all Councillors, the Mayor congratulated the team members on their achievements.

f)          Annual Meeting of Civic Heads

The Mayor reported that, along with the Chief Executive and Chairman of the Sutton Town Twinning Association, she had visited Gagny, the Council’s French twin town, last week end for the annual meeting of civic heads.  Whilst links with colleagues from the twin towns had been renewed there had also been a very interesting and fruitful discussion on sustainable housing and how the different towns were tackling this problem.

g)        Olympic Poster Exhibition

The Mayor reported that currently, in the Europa Gallery, there was the Victoria and Albert Museum’s travelling Olympic poster exhibition.  Over 100 posters which dated from 1851 were currently being shown and almost 56,000 people had visited the exhibition from all over London.  After it had closed the exhibition would travel to Mumbai and Adelaide before being returned to storage.

h)        Paul Martin, Chief  ...  view the full minutes text for item 765.

At the request of Councillor Graham Whitham, Councillor Kirsty Jerome, Executive Councillor with responsibility for Education and Schools, made a statement concerning academy status for all secondary schools in the borough.

The headteachers of all the borough’s secondary schools had recently written to the Secretary of State for Education enquiring whether it would be possible for all these schools to achieve academy status.  A response was awaited.  Councillor Jerome felt that until a response was received from the Secretary of State, nothing further would be achieved in pursuing this matter.

One question was asked by one member of the public and a reply given, as set out in Appendix A to these Minutes.

Six questions asked by four Councillors were asked, and replies given, as set out in Appendix B to these Minutes.

To receive any petitions, which will either be dealt with at this Council meeting or stand referred for consideration by appropriate Committees of the Council. 

No petitions were presented.

To appointment the following persons to serve on the Committees indicated until the annual meeting of the Council in May 2011

Beddington and Wallington Local Committee

Delete Lisette Scott from Onslow Gardens Residents Association as a Community Representative and add David Duncan in her place

Cheam North and Worcester Park Local Committee 

Add Colin Newton as a Community Representative with Michael Cumper as substitute representative representing the KIPPA Bid Ltd

Sutton South Cheam and Belmont Local Committee

Delete Robin Whelan as the Community Representative from the South Sutton Neighbourhood Association and add Vic Green in his place

Add Adrian Simpson as a Community Representative representing the Highfields Residents Association

            Resolved:  That the following persons be appointed to serve in the roles indicated, on the following Committees until the annual Meeting of the Council in May 2011

Beddington and Wallington Local Committee

Replace Lisette Scott from Onslow Gardens Residents Association as a Community Representative with David Duncan

Cheam North and Worcester Park Local Committee 

Add Colin Newton as a Community Representative with Michael Cumper as substitute representative representing the KIPPA Bid Ltd

Sutton South Cheam and Belmont Local Committee

Replace Robin Whelan as the Community Representative from the South Sutton Neighbourhood Association with Vic Green

Add Adrian Simpson as a Community Representative representing the Highfields Residents Association

Children and Young People Scrutiny Committee

Appoint Councillor Sunita Gordon as Vice Chair

To receive and consider the following recommendations from committees.

The Council’s current investment strategy used Sector’s (the council’s treasury management advisor) methodology for assessing the creditworthiness of counterparties.  However, to limit risk, the council also overlaid this methodology with other defined minimum criteria.  This has resulted in complications in the system, producing some adverse results and, on occasion, had been difficult to apply in practice.  It was therefore recommended that the investment strategy should be amended to now include ‘green’ category institutions within Sector’s methodology, which had previously been excluded.  Sector considered institutions in this category to be low risk and suitable for investment.  This change, if approved, would not add any new organisations to the approved counterparty list at the current time, but would enable officers to place money with those on the existing list unless they slipped below the Sector ‘green’ category.

Resolved: To note the report and RECOMMEND that the council approves the revision to the annual investment strategy for the inclusion of the council’s treasury management advisor’s minimum rated institutions (‘green’), after applying a lower value limit of £7.5m and a shorter duration for deposits of 3 months.

Councillor Tim Crowley moved the adoption of Minute 680/10.

Following debate, the Minute was unanimously adopted on a show of hands.

To consider the recommendation from the meeting of the Senior Officer Appointment (Ad Hoc) Sub-Committee held on 8 October 2010.  (To follow)

Councillor Sean Brennan moved the adoption of Minute 745/10.

Councillor Graham Whitham moved and Councillor Stuart Gordon-Bullock seconded the following amendment:

RECOMMENDED: (i) That, in order to ensure a smooth handover once Paul Martin leaves the Council’s employ on 18 October 2010, Standing Order 47 be waived to enable Ian Birnbaum to be appointed as interim Chief Executive, Head of Paid Service and Proper Officer for electoral registration purposes, subject to satisfactory terms being agreed.

(ii)  The Council notes with concern that, despite sufficient notice being given by the current Chief Executive,

a)  The recommendation for the appointment of the interim Chief Executive was publicly announced before the Senior Officer Appointment (Ad Hoc) Sub Committee SOA(AH)SC  met to consider making the recommendation to Council.

b)  No opportunity was given to Members of the SOA(AH)SC to consider the desirability of a job share, with another authority,  for the post of Chief Executive.

c) At a time of retrenchment and reduction in staffing levels, both within this Authority and nationwide in both the public and private sectors,  no consideration was given by members of the SOA(AH)SC as to the re numeration package to be offered when the post of Chief Executive was advertised.

d)  Whilst it was deemed by individual, unidentified, senior councillors, not possible to convene a meeting of the SOA(AH)SC to consider points ii and iii above it was possible for such unidentified senior Lib Dem Councillors, HR personnel and consultants to make group decisions outside the proper process.  The process which was adopted cannot be seen as either transparent, fair, or in the best interests of tax payers. Neither does it respect the role of the Council as a whole as the ultimate decision making body for this appointment.

iii)  The Council therefore resolves to ask the Scrutiny Overview Committee, as a matter of urgency, to instigate an investigation into the process followed on this occasion and to make recommendations.

Following debate, on being put to the vote on a show of hands, the amendment was lost.  The Minute was adopted.

Dr Ian Birnbaum was congratulated on being appointed Interim Chief Executive.

The Licensing Act 2003 required licensing authorities to publish a statement of licensing policy, and to review it at least every three years in accordance with section 5(1) of the Act.  The review process had to include a consultation exercise involving the statutory consultees set out in section 5(3) of the Act.

A review had been undertaken, as required, and officers proposed a number of amendments to the policy to comply with recent amendments to the Licensing Act and the guidance published under section 182 of the Act.  A consultation exercise had been conducted between 5 July and 3 September 2010, providing a minimum of eight weeks in accordance with the current policy.  The amended policy had to be adopted by the Council and published by 7 January 2011 to comply with the Act.

There had been only five formal responses to the consultation: from the Metropolitan Police, the Safer Sutton Partnership Service, Sutton Trading Standards, the Greater London Authority Olympic Games Department and the Local Safeguarding Children Board.

The Safer Sutton Partnership Service supported the proposed amendments but asked that consideration be given to a cumulative impact (saturation) policy.  A specific procedure had to be followed to implement such a policy and there was insufficient time to complete it as part of the current review.  The Metropolitan Police clubs and vice unit had sought an amendment to the definition of a ‘significant event’ in the policy to ensure consistency throughout London, the details of which were reported.  The Local Safeguarding Children Board had suggested some minor amendments to the wording of the section of the policy on the prevention of harm to children.  The Greater London Authority Olympic Games Department had asked that the review process should include a reference to the Olympic and Paralympic Games in 2012 and the special circumstances that would arise during the Games’ period.  Sutton trading standards had only updated their contact details.

A copy of the licensing policy, incorporating the recommended amendments and responses to the consultation, was submitted for consideration.  Whilst members supported the proposed amendments to the policy, they noted that existing legislation appeared to be designed to frustrate, rather than enable, the introduction of a cumulative impact policy.

The Home office had recently consulted on proposals in its document entitled ‘Rebalancing the Licensing Act 2003’.  Some of the proposals would affect the Council’s licensing policy and necessitate another review of the policy when they were introduced.

            RECOMMENDED: That the amended licensing policy, set out in the Appendix to these Minutes, be adopted.

(To save paper, the Statement of Licensing Policy has been circulated separately to Councillors.  Please contact Richard Shortman – 020 8770 5120 or richard.shortman@sutton.gov.uk if you would like a copy)

Councillor Sue Stears moved the adoption of Minute 687/10.

On being put to the vote by a show of hands, the Minute was unanimously adopted.

Members considered proposed amendments to the council’s Standing Orders, following a view undertaken by the Head of Transformation and Procurement.  The changes sought to: simplify the requirements and make them clearer; incorporate procedures for procurement below £100k, ensure that the Contract Standing Orders properly reflected the provisions of the Public Contract Regulations 2006 and 2009; ensure recent procurement case law and changes in practice were reflected properly; align the council’s financial thresholds with those set by the European Union and current practice elsewhere; and provide for the introduction of E-Tendering and the resulting changes to procedures for receiving and opening of tenders.

Senior officers and Members of the Community Leadership Advisory Group had been consulted on changes proposed, and their views had been incorporated.

RECOMMENDED: That the changes to the council’s Contract Standing Orders now submitted be adopted and the Constitution be amended accordingly.

(To save paper, the report on Contract Standing Orders has been circulated separately to Councillors.  Please contact Richard Shortman – 020 8770 5120 or richard.shortman@sutton.gov.uk if you would like a copy)

Councillor Sean Brennan moved the adoption of Minute 741/10 and the suspension of Standing Order 1.7 so that the changes to the Contract Standing Orders could be brought into effect immediately.

Councillor Ruth Dombey seconded the motion to suspend Standing Order 1.7.

On being put to the vote by a show of hands, the Minute was unanimously adopted.