Decisions

Cabinet did not go into closed session.

Cabinet:

 

1. Approved the Treasury Management Strategy Statement (TMSS) 2020/21.
2. Approved the Treasury Management set out in Appendices 1 and 2 of this report.
3. Approved the Annual Minimum Revenue Provision (MRP) Statement for 2020/21 set out in Appendix 7 of this report.
4. Will recommend the annual TMSS and MRP statements 2020/21 to Council for approval.
5. Delegated future changes required to this Strategy to the Chief Operating Officer in the consultation with the Cabinet Member for Finance and Property. This will provide the additional flexibility to swiftly respond to changing financial markets.

 

Cabinet:

 

1.     Will Recommend to Council for consideration and approval the 2020/21 and ongoing Capital Programme (subject to business cases for the regeneration schemes being approved in line with the governance process)

 

2.     Agreed that the Chief Financial Officer be authorised to allocate funding from the Capital Contingency included within the draft Capital Programme.

 

3.     Agreed that externally funded schemes can be added to the capital programme up to £500k as and when funding is confirmed. Any external funding over £500k will be subject to approval by the Chief Financial Officer.

 

4.     Agreed that the relevant Cabinet Member, together with the Cabinet Member for Finance and Property be delegated authority to commence tender processes and accept tenders for capital schemes included within the approved programme under the block programme allocations or delegation arrangements set out in this report.

 

5.     Approved the capital strategy contained within this report noting its impact on both the capital programme and overall contribution to the setting of the revenue budget for 2020/21 and beyond

 

6.     Noted the capital prudential indicators included within the capital strategy when approving the capital programme to ensure affordability.

 

Cabinet will be asked to approve the 2020/21 HRA Budget and associated rent levels and charges and recommend the decision to Full Council.

Cabinet:

 

 

1.              Approved the Housing Revenue Account Budget as detailed in paragraph 3.6. of the report.

 

2.              Agreed that the rents chargeable for tenants in general needs Council properties owned by the London Borough of Havering be increased by 2.7% from the week commencing 6^th April 2020.

 

3.              Agreed that the rents chargeable for tenants in supported housing Council properties, such as sheltered housing and hostels, owned by the London Borough of Havering, are increased by 2.7% from the week commencing 6^th April 2020

 

4.              Agreed the four rent-free weeks for 2020/21 as being: week commencing 19th August 2020, the two weeks commencing 14^th and 21^st December 2020, and the week commencing 29^th March 2021.

 

5.              Agreed that service charges and heating and hot water charges for 2020/21 are as detailed in paragraph 2.4.2 of the report.

 

6.              Agreed that the service charges for homeless households accommodated in the Council’s hostels in 2020/21 are as detailed in paragraph 2.6.1 of the report.

 

7.              Agreed that charges for Houses in Multiple Occupation (HMO) leased and managed by the Council (General Fund) are set at the LHA Single Room Rate Applicable on the 6^th April 2020. See para 2.3.2. of the report.

                     

8.              Agreed that charges for garages should be increased by 2.7% in 2020/21 as detailed in paragraph 2.2.1 of the report.

 

9.              Agreed that the service charge for the provision of intensive housing managementsupport in sheltered housing for 2020/21 shall be as detailed in paragraph 2.5.1 of the report.

 

10.           Agreed that the Careline support charge should be increased by 2.7% for 2020/21 as detailed in paragraph 2.5.4 of the report.

 

12.           Agreed that the Telecare support charges should be increased by 2.7% for 2020/21 as detailed in paragraph 2.5.4 of the report.

 

13.           Approved the HRA Major Works Capital Programme, detailed in Appendix 1a of the report and will refer it to full Council for final ratification.

 

14.           Approved the HRA Capital expenditure and financing for the 12 Sites Joint Venture and other acquisition and regeneration opportunities detailed in paragraphs 3.5.1 to 3.5.21 and Appendix 1b of the report and will refer it to full Council for final ratification.

 

 

Cabinet will be asked to agree the recommendations on the 2020-2021 revenue and capital budget and 2020-2024 MTFS .

Cabinet:

 

1.     Agreed the Council’s General Fund Budget Requirement for 2020/21 to be set at £130.104m as set out in paragraph  5.3.2 and Appendix E of the report;

 

2.     Agreed the Delegated Schools’ draft budget set out in section 2.3 of the report;

 

3.     Agreed a 1.95% increase in Council Tax for 2020/21 as set out in paragraph 5.1 of the report;

 

4.     Agreed an additional 2% Adult Social Care Precept as in paragraph 5.1of the report;

 

5.     Noted the Medium Term Financial Strategy position as set out in Section 4

 

6.     Agreed the fees and charges schedule as set out in Section 6 and Appendix F

 

7.     Noted the budget and risks as set out in Section 9

 

8.     Approved the Council’s approach to general balances as set out in paragraph 7.3

 

9.     Noted the requirements of  S106 of the LGA 1992 Act as set out in Section 1

 

10.Agreed that if there are any changes to the GLA precept and/or levies, the Chief Financial Officer be authorised to amend the recommended resolutions accordingly and report these to the next Council meeting as required.

 

11.Agreed that to facilitate the usage of un-ringfenced resources, the Chief Financial Officer in consultation with Service Directors will review any such new funds allocated to Havering; make proposals for their use; and obtain approval by the Leader and the Cabinet Member for Finance and Property.

 

12.Delegated to the Chief Financial Officer in consultation with Service Directors the authority to make any necessary changes to service and the associated budgets relating to any subsequent specific grant funding announcements, where delays may otherwise adversely impact on service delivery and/or budgetary control, subject to consultation with Cabinet Members as appropriate.

 

13.Delegated authority to the Cabinet Member for Adult Social Services and Health and the Leader to approve an annual spend plan for the Public Health grant.

 

14.Delegated to the Directors of Children’s and Adults authority to agree inflation rates with social care providers for 2020/21.

 

15.Read the Equalities Impact Assessment in respect of the CTS Scheme as set out in Appendix J to the report.

 

16.Read the draft summary version of the Council Tax Support Scheme for 2020 as set out in Appendix K to the report.

 

Will recommend to Council for consideration and approval:

 

17. The Council’s General Fund Budget Requirement for 2020/21 to be set at £130.104m as set out in paragraph 5.3.2 and Appendix E of the report;

 

18. The Delegated Schools’ draft budget set out in section 2.3 of the report;

 

19. A 1.95% increase in Council Tax for 2020/21 as set out in paragraph 5.1;

 

20. An additional 2% Adult Social Care Precept as in paragraph 5.1;

 

21. That it pass a resolution as set out in section 11 of this report to enable Council Tax discounts to be given at the 2019/20 level.

 

22. Agree  that Havering joins the 67% London Business Rate Pool for 2020/21 and agrees the Memorandum of Understanding (MOU) as set out in paragraph 3.3.5 and Appendix L despite it representing a reduction in revenue of £1.5m compared to the previous 75% pool.

 

23. Recommend to Full Council that the Council Tax Support Scheme 2019/20 is adopted for 2020/21 as set out in Section 12 of this report

 

24. Recommend to Full Council that the financial procedures for virements are updated as set out in paragraph 7.4 and Appendix M

 

 

 

 

Cabinet will be asked to approve The Havering and Wates Regeneration Joint Venture Business Plan and Budget.

Cabinet:

 

1.     Agreed to endorse and recommend the inclusion of a budget of £121.6m equity for the 12 Sites and Chippenham Road scheme together with a budget of £76.4m (including £19.6m land assembly costs for Napier New Plymouth Blue Line) for potential land acquisition/CPO costs within the proposed HRA capital programme that will be considered by Cabinet in February 2020 in the annual rent setting and capital programme report and that this is recommended to Council for final approval in February 2020.

 

2.     Approved the Havering and Wates Regeneration Joint Venture Business Plan dated January 2020, as at Appendix 2 of the report.

 

3.     Agreed to forward fund phase 1 of the 12 Site Programme up to £45.4 million for the development of Napier and New Plymouth (£14.9 million), Solar, Serena and Sunrise Courts (£15.9 million) and the Waterloo Estate (£14.6 million and authorise the Director of Regeneration to enter into the necessary forward funding agreements.

 

4.     Authorised the Director of Regeneration to consider the appropriation of land at the appropriate time in work package one from the Housing Revenue Account (HRA) to the General Fund, for planning purposes and to consider the appropriation of land at the  appropriate time in work package one back to the HRA .

 

5.     Authorised the Director of Regeneration to enter into the build licence or build lease (as is appropriate) for sites within work package one of the 12 site regeneration programme, once the Council has met the Conditions Precedent for individual sites.

 

6.     Approved the budget of up to £8million for the demolition of the Waterloo Estate and Agree for the Director of Regeneration in consultation with the Director of Legal and Governance to enter into contract with the Havering and Wates JVLLP to carry out the demolition of the Waterloo Estate, subject to approval of the demolition application. 

 

7.     Approved the removal of the Delta Estate from the 12 site regeneration programme.

 

8.     Authorised the Director of Regeneration to enter into variations of any of the     existing joint venture documentation which is required to implement any of the     recommendations contained in this report.

 

9.     Authorised the Director of Regeneration to make all further changes to the documentation that the Director considers necessary or in his opinion appropriate from time to time

 

10.  Recommendation 10 was included in the Exempt Report and was agreed by Cabinet.

 

 

 

Cabinet will be asked to approve the policy investment options for the development of a sustainable communities programme.

 

The title of the report has now changed to “Together with Communities”

The Leader of the Council will be asked to approve freehold purchase of Prince Albert Public House as part of the Waterloo Estate Land Assembly.

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

The Rising Sun

64-68 High Street

Hornchurch

RM12 4UW

 

APPLICANT: Joseph Sullivan & Peter Faires

 

1.     Details of requested licensable activities

An application to vary a premises licence is made by Mr Joseph Sullivan and Mr Peter Faires under section 34 of the Licensing Act 2003. The application was received by Havering’s Licensing Authority on 15 April 2019.

 

The variation is to permit the following:

 

GROUND FLOOR Plays, films, indoor sporting events, live music, recorded music, performances of dance, anything of a similar description to live music, recorded music or performances of dance, supply of alcohol
Day	Start	Finish
Monday to Sunday	10:00	02:00

 

GROUND FLOOR Late night refreshment
Day	Start	Finish
Monday to Sunday	23:00	02:00

 

GROUND FLOOR Hours premises open to the public
Day	Start	Finish
Monday to Sunday	10:00	02:30

 

 

FIRST FLOOR Plays, films, indoor sporting events, live music, recorded music, performances of dance, anything of a similar description to live music, recorded music or performances of dance, supply of alcohol
Day	Start	Finish
Monday to Sunday	10:00	03:00

 

FIRST FLOOR Late night refreshment
Day	Start	Finish
Monday to Sunday	23:00	03:00

 

FIRST FLOOR Hours premises open to the public
Day	Start	Finish
Monday to Sunday	10:00	03:30

 

 

 

2.     Promotion of the Licensing Objectives

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

The applicant acted in accordance with regulations governing the advertising of the application.

 

 

3.     Details of Representations

 

There were no representations against the application from any residents or businesses in the vicinity of the premises.

 

There were three representations against this application from responsible authorities, namely the Metropolitan Police, Havering’s Planning Authority and the London Fire Brigade.

 

Representations have been received from the Responsible Authorities on the grounds of the prevention of crime and disorder, public safety and public nuisance.

 

The applicant attended hearing and was represented by a Licensing Agent (Mr Hopkins) who made submissions on his behalf.     

 

The premises is situated within a cumulative impact zone (CIZ) as set out in Annex 1 to the Council’s Licensing Policy. Where representations are received against an application in the CIZ, there is a rebuttable presumption under the CIZ Policy to refuse the application unless the applicant can demonstrate that granting the licence will not add to existing problems in the area.    

As the premises is within a CIZ, The applicant has submitted an argument against the special policy.  The rebuttal statement was attached to the agenda pack in section three of the application.

 

The Police Licensing Officer (PC Adam Williams) attended as the objecting responsible authority. The Planning Authority made written representations against later opening hours to reduce public nuisance. 

 

The London Fire Brigade made written representations for public safety, but withdrew the same subject to a condition that any extended hours shall not be utilised until all works specified in a schedule of works to the license holder by Officer Hallam is undertaken to the written satisfaction of the London Fire Brigade.

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

 

4.     Determination of Application

 

DECISION

 

Upon consideration of all submissions and representations, the Sub-Committee decided to refuse the application.

 

Reasons

 

Having considered and heard all of the evidence, the Sub-Committee considered with care the representations made by the responsible authorities and the submissions from the agent and the responses from the applicant.  

 

PC Adams Williams clarified that the premises did fall in the cumulative impact zone. The Police objection was on the variation to extend all licensing activities and weekend opening times by an additional hour and by having the same hours daily.

 

This would mean that:-

 

1.    Ground Floor - Rising Sun

a.    would be open from 10:00 – 02:30 daily

b.    with licensable activities from 10:00 – 02:00 daily

c.    and late night refreshments from 23:00 – 02:00 daily.

d.    On the nights the clocks go forward:-

                                          i.    to extend permitted hours for all licensable activities to 03:30

                                        ii.    to extend opening time to 04:00

 

2.    First Floor – Luna Bar

a.    would be open from 10:00 – 03:30 daily

b.    with licensable activities from 10:00 – 03:00 daily

c.    and late night refreshments from 23:00 – 03:00 daily.

d.    On the nights the clocks go forward:-

                                          i.    to extend permitted hours for all licensable activities to 04:00

                                        ii.    to extend opening time to 04:30

 

Mr Hopkins (Applicants Agent) asked the Sub-Committee to accept all conditions modifications immediately as the Police had objected only to the late opening hours.   The Sub-Committee decided to hear the full application and consider the impact of the conditions on the licensing objectives before granting or refusing the same.

 

PC Williams highlighted the late opening hours would make the premises the latest venue open in the Hornchurch town centre.   He had concerns about public safety, noise, crime, dispersal of crowds and the cumulative impact on the area.

 

PC Williams stated that the police had limited resources at this late time to travel to Hornchurch from neighbouring areas as 3.30am was a peak time for crime and in the neighbouring areas. With the lack of Police resources, if there was an incident inside or outside the premises or to the leaving patrons at these later hours, the public would be at risk.

 

This risk was aggravated by the large capacity of the venue which could house 330 people at any one time. 160 people downstairs and 170 people upstairs.

 

PC Williams clarified that where there had previously been Temporary Event Notices leading to later closing times, he had notified the appropriate personnel in advance to ensure that public safety could be upheld on those occasions. However, this would not be feasible on a routine basis as set out in the application.

The Sub-Committee heard from the applicant’s agent that the applicant would be willing to add a condition to provide a revised dispersal policy in 14 days.    He further stated that SIA security staff could stay 30 minutes after closing time to assist in dispersal.

 

In respect of the written representation from the Planning Authority that the ‘Function Hall’ (on ground floor) is only permitted to be open during the times stated below, the agent stated that any extended hours granted by the Licensing Sub-Committee beyond the Planning Authority permitted hours, would not be utilised if the hours breached the Planning Authority permitted hours. The current permitted opening times by the Planning Authority for the function hall are:-

 

1.    09:00 – 01:00 – Mon to Sat

2.    11:00 – 16:00 – Sun

 

The Sub-Committee found that allowing later opening times when the Police resources were unable to realistically cope with any potential incidents from the venue, would increase the risk to public safety. The Sub-Committee had further concerns that later closing hours would have a negative impact on the area, including nuisance and noise at later hours, with patrons more vulnerable to crime and disorder during these peak hours for the same.

 

The Sub-Committee noted that the applicant had applied to vary the security conditions – with a minimum of 2 SIA door supervisor staff and optional female SIA door supervisor; in replacement of Annex 3-condition 16 which requires one mandatory female SIA door supervisor and an ‘appropriate’ number of SIA door supervisors for the maximum occupancy figure.

 

The Police confirmed that the current police guidance is for 1 door supervisor for every 50 customers, with a maximum occupancy of 330 customers at any one time.   This would equate to a security need of 7 SIA door supervisors at full capacity, instead of a minimum of 2 door staff.

 

The Sub-Committee found that the removal of the current condition requiring an ‘appropriate’ number of SIA door supervisors and the removal of a mandatory female SIA door supervisor would dilute the security at the premises and would be detrimental to public safety.

 

The Sub-Committee further noted that the variation application requested a removal of condition Annex 2-condition 3 which requires that fire safety and health and safety risk assessments shall be in place at the premises and reviewed regularly.   There was no clarification from the PLH Agent as to why fire safety assessments should be removed. The Licensing Sub-Committee found this removal was not conducive to public safety.

 

On balance the Sub-Committee decided to refuse the application for the reasons stated above.

 

 

Right of Appeal

 

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

 

On appeal, the Magistrates’ Court may:

1.         Dismiss the appeal; or

2.         Substitute the decision for another decision which could have been made by the Sub Committee; or

3.         Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and

4.         Make an order for costs as it sees fit.