Agenda and minutes

To consider any announcements by the Mayor in accordance with Council Procedure Rule 3(2)(ii).

The Mayor opened the meeting by referring with sadness to the tragic loss of life of residents of the Borough during the Covid-19 pandemic. The Mayor offered on behalf of the Council, and of the residents of the Borough, her deepest sympathies to the families and friends of those who had sadly died. She indicated that she would hold discussions with political group leaders to consider arrangements for a memorial service in the future.

The Mayor led a period of silence and reflection in honour of those residents who had died during the pandemic.

To receive the apologies of any Member who is unable to attend the meeting.

Apologies for absence were received from Councillor D Cutts and Whysall.

Any communication received by the Mayor or Chief Executive which relates to a recommendation of the Cabinet or a committee which was received after the relevant meeting.

There were no communications.

To receive the record of proceedings of the ordinary meeting of the Council held on 26 February 2020 and to approve the accuracy thereof.

Resolved:-  That the minutes of the meeting of Council held on 26 February 2020, be approved for signature by the Mayor.

Mover:-  Councillor Read                        Seconder:-  Councillor Watson

To report on any petitions received by the Council received by the Council and receive statements in support of petitions in accordance with Petitions Scheme and Council Procedure Rule 13.

The Mayor introduced the report and confirmed the receipt of one petition that had been received since the last Council meeting which had not met the threshold for consideration by Council.

·         Containing 262 signatures calling on the Council to address the issue of speeding on the B6059 in South Anston.

Dr D Gaubert, the lead petitioner addressed Council as part of the presentation of the petition.

Resolved: - 

(1)  That the report be received.

(2)  That the relevant Strategic Directors be required to provide a response to the lead petitioner by 18 June 2020.

To invite Councillors to declare any disclosable pecuniary interests or personal interests they may have in any matter which is to be considered at this meeting, to confirm the nature of those interests and whether they intend to leave the meeting for the consideration of the item.

There were no declarations of interest.

To receive questions from members of the public who may wish to ask a general question of the Mayor, Cabinet Member or the Chairman of a Committee in accordance with Council Procedure Rule 12.

(1)  Mr. Harron was unable to be present to ask his question so would receive a response in writing.

(2)  Mr. Dempsey was unable to be present to ask his question so would receive a response in writing.

Should it be necessary, in the opinion of the Mayor, to consider excluding the press and public from the meeting in relation to any items of urgent business on the grounds that private information is likely to be divulged.

There are no such items at the time of preparing this agenda.

The Mayor advised that there were no items requring the exclusion of the press and public.

To receive a statement from the Leader of the Council in accordance with Council Procedure Rule 9.

The Leader reflected on how much the world had changed since the last meeting of Council in February 2020, and the way in which the global Covid-19 pandemic had impacted on all aspects of everyone’s daily life.

The Leader referred with sadness to all of the Rotherham residents who had passed away due to Covid-19, and on behalf of all members sent his sincerest condolence to their families, friends and loved ones. The Leader noted that losing someone at any time was always difficult, but to do so at a time when funerals had been restricted and when the usual processes of grief had been interrupted, would have been especially painful.

The Leader noted that effects of the pandemic continued to impact on everyone’s lives and had hugely changed how the Council and its partners delivered services to Rotherham’s residents.

The Leader paid tribute to the dedicated public servants who had risen to the occasion and advised that many Council staff had been re-deployed from a number of different services in order to establish the Council’s Community Hub and Rotherham Heroes Volunteers Programme. These initiatives had seen hundreds of individual volunteers and community organisations providing support to local residents. 

The Leader also referred to the work of all staff across the Council who had kept services going in often very challenging conditions during the pandemic. The Leader asked for all Members to put on record their thanks and appreciation for everything that NHS staff, police, council staff, and all key workers had done during the pandemic.

The Leader led Members in a round of applause to show their appreciation of the work of NHS staff, police, council staff, and all key workers during the pandemic.

Councillor Carter sought clarification in respect of council tax arrangements for individuals who had inadvertently become owners of second homes after not being able to sell their existing property during the lockdown in March, April and May, and referred to at least one such case that he was aware of within his ward. In response, the Leader indicated that he would be happy to look into the individual circumstances referred to and he did not wish for individuals to find themselves in difficult circumstances.

To note the minutes of the Cabinet meetings held on 23 March and 11 May 2020.

Resolved: - That the reports, recommendations and minutes of the meetings of the Cabinet held on 23 March and 11 May 2020, be received.

Mover: - Councillor Read                        Seconder:-  Councillor Watson

To consider a recommendation from Cabinet to adopt a Statement of Licensing Policy under the Gambling Act 2005.

Consideration was given to a report seeking approval for the adoption of a revised Gambling Act 2005 Statement of Licensing Policy 2020-2023.

The report noted that Section 349 of the Gambling Act 2005 required a licensing authority to prepare and publish a statement of its licensing policy at least every three years, however the last review that had been scheduled for 2014 had not taken place due the Council’s focus at that time on taxi and private hire licensing. It was noted that Cabinet at its meeting on 10 June 2019 (Cabinet Minute No.16) had approved a two-stage consultation process that would inform a revised Statement of Licensing Policy

The revised policy included a number of proposed changes to the existing policy, and it was noted that the consultation process had shown that these changes were broadly supported. A summary of the consultation process was included in the officer’s report with a summary of responses attached as an appendix

The proposed changes to the Statement of Licensing Policy included:

·       The addition of the section identifying the links between different priorities and strategies of the Council, such as the role of Health and Wellbeing Strategy, Safer Rotherham Partnership, Planning, and Culture and Tourism had in the role of protecting the public from the harms of gambling.

·       The inclusion of a section to provide more detailed information to emphasise the individual licensing objectives and to detail how these could be promoted by applicants.

The full revised Statement of Licensing Policy was attached as an appendix to the officer’s report.

Resolved: -

That the Gambling Act 2005 Statement of Licensing Policy 2020 - 2023 be approved and adopted.

Mover: Councillor Hoddinott                    Seconder: Councillor Ellis

To consider a recommendation from Cabinet in respect of the adoption of the Statement of Licensing Policy under the Licensing Act 2003.

Councillor Evans declared an interest in this item and did not take part in the discussion and subsequent vote.

Consideration was given to a report seeking approval and adoption of a revised Licensing Act 2003: Statement of Licensing Policy.

The report noted that Section 5 of the Licensing Act 2003 required a licensing authority to prepare and publish a statement of its licensing policy at least every three years, however the last review that had been scheduled for 2016 had not taken place due the Council’s focus at that time on taxi and private hire licensing.

It was noted that Cabinet at its meeting on 23 December 2019 (Cabinet Minute No.97) had approved that a consultation process on the drafted policy take place to inform the final version of the revised Statement of Licensing Policy. A summary of the consultation process was included in the officer’s report and a summary of responses was attached as an appendix.

The report also provided information on a proposed Cumulative Impact Zone (CIZ) for Wickersley that would be included in the revised Statement of Licensing Policy. It was noted that where appropriate the Council could identify areas within the Borough where the granting of further licences, or variations to licences would likely impact on the Council’s obligations to the licensing objectives, and as a consequence the Council should produce a Cumulative Impact Assessment (CIA) for such areas in order to establish whether a CIZ should be implemented.

It was noted that following the Cabinet decision that a CIA for Wickersley should be completed, that a CIA that had been drafted had been consulted on widely with Ward councillors, licensees, residents and other responsible authorities. In response to the information received from the responsible authorities and supported by the response to the consultation the CIA showed that there was sufficient evidence to proceed with the implementation a CIZ for Wickersley due to the saturation of licensed premises, and the density of these premises having a negative impact on crime and anti-social behaviour and also of them negatively impacting health through an increase in ambulance call-outs directly related to alcohol consumption. The proposed CIZ for Wickersley was attached as an appendix to the officer’s report

The full revised Statement of Licensing Policy was attached as an appendix to the officer’s report.

Councillor Roche stated his support for the revised statement of Licensing Policy and noted the numerous support services that were available in the Borough for people looking to reduce their alcohol intake.

Councillor Carter advised of his concerns regarding the proposed Cumulative Impact Zone for Wickersley in light of the severe impact of the Covid-19 pandemic and that zone would create further difficulties for the hospitality industry as the country emerged from the pandemic. Councillor Steele, as Chair of the Overview and Scrutiny Management Board advised that when the revised statement of Licensing Policy had been considered by Board that they had recommended to Cabinet that the Cumulative Impact Zone for Wickersley be reconsidered and  ...  view the full minutes text for item 337.

To consider an update from the Cabinet in respect of the authority’s response to the Climate Emergency.

Consideration was given to a report that provided a progress report of the Council’s actions in respect to Responding to the Climate Change Emergency.

The Cabinet Member for Cleaner, Greener Communities, Councillor Allen in moving the report noted that following the Council declaration of a Climate Emergency at its meeting on 30 October 2019 (Council Minute No.271), work had been undertaken to produce a draft policy document “Rotherham Council Responding to the Climate Emergency”, that set out the Council’s commitment to tackle climate emergency. The draft policy document was attached as an appendix to the officer’s report.

Councillor Allen advised that a Member Working Group had been established to consider the Council’s response to the climate emergency and to propose a target for the Council’s carbon reduction. As a result of this work it was proposed that the Council’s carbon emissions should be at net zero by 2030 and Borough-wide carbon emissions should be at net zero by 2040. The Cabinet Member noted that the draft policy document, due to the constant improvement and development of technology in this area was a living document, and as such would be subject to amendment over time.

Councillor Allen advised that work to deliver on the proposed targets would be approached by themes of activity supported by a set of actions for 2020/21 and that it was proposed that the Member Working Group would continue to develop the policy and actions for future years to meet the target outcomes. A full action plan of activity was attached as an appendix to the officer’s report. Actions for 2020/21 included:

·       Producing carbon impact assessments for all significant Cabinet decisions

·       Addressing gaps in data collection regarding CO2 emissions

·       Exploring the feasibility of renewable energy self-generation

·       Committing to requiring efficiency standards for private housing developers that were in line with net zero targets

·       Carrying out assessments of the Council's operational buildings to determine feasible energy efficiency upgrades

·       Developing a timeline for Electric vehicle fleet conversion

·       Developing awareness training for the Council’s work force around energy use behaviours

·       Promoting sustainable transport across the workforce

·       Strengthening South Yorkshire partnership commitments to reduce emissions associated with waste

·       Completing energy efficiency improvements to street lighting.

Councillor Allen advised that to deliver on the proposed targets engagement with staff, residents and partners would be essential and that the working group would be looking for both staff and members to become Climate Change Champions.

Councillor Roche in seconding the report thanked Councillor Allen, the working group and officers for their work in getting to the current point so quickly. Councillor Roche stressed the urgency of the situation and the importance of driving the activities forward that would enable the Council to meet its targets for net zero carbon emissions.

Councillor Steele, as Chair of the Overview and Scrutiny Management Board welcomed the report, noting that the Board had endorsed the report and its recommendations at its meeting in March 2020. Councillor Steele welcomed the tree planting policy and noted that the Covid-19 pandemic  ...  view the full minutes text for item 338.

To report on the establishment of political groups, the political balance of the Council and the entitlement of each group to seats on the authority’s committees.

Consideration was given to a report that provided information on changes to the political groups on the Council and on the political balance since the last meeting on the Council.

It was noted that since the last Council meeting on 26 February notification had been recevied in accordance of the Local Government (Committees and Political Groups) Regulations 1990  of the operation of a new political group, with the former Brexit Party Group becoming the Rotherham Democratic Party Group with effect from 1 March 2020. The report also noted that since 1 May 2020, the Labour Group’s membership had reduced to 44 Members with the resignation of former Councillor Richard Price, the application of the six-month attendance rule removing former Councillors Allcock and Wilson and the decision of Councillor Evans to sit as a non-aligned Member.

The officer’s report provided information on the impact of these changes on the politcal balance of the Council, noting that in accordance with the regulations regaridng the allocatiion of seats to members not in a political group that 12 should be allocated to the five non-aligned councillors

It was noted that under the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020, the Council had the discretion not to hold an Annual Meeting during the 2020/21 municipal year. On this basis, it was proposed that, subject to the foregoing updates in respect of entitlement to seats, that appointments to committees, boards and panels, as well as joint committees, be extended from the previous 2019/20 municipal year until such a time as the Council holds an Annual Meeting either during the current municipal year at the start of the 2021/22 municipal year.

Resolved: -

1)    That the operation of two political groups on the Council and the detail of their designated Leaders be noted as:

·       Labour Group – Councillor Chris Read (Leader of the Council)

·       Rotherham Democratic Party Group – Councillor Allen Cowles (Leader of the Majority Opposition Group)

2)    That the entitlement of the membership of the political groups and non-aligned Members be agreed, and that such entitlements be reflected in Council’s appointments of members to committees.

3)    That, subject to the changes required from the previous municipal year’s entitlement, the appointments made by the Council in the 2019/20 municipal year to committees, boards and panels and joint committees be continued for the 2020/21 municipal year.

Mover: Councillor Read                Seconder: Councillor Watson

To consider proposed amendments to the Constitution to update the Council Procedure Rules and Access to Information Procedure Rules in the light of the Coronavirus Act 2020 and associated regulations published by the Secretary of State.

Consideration was given to a report seeking approval for amendments to be made to the Council’s Constitution that were required in response to the changes made by Government to how local authority meetings were held in response to the restrictions imposed as a result of the Covid-19 pandemic.

The report noted that in response the Covid-19 pandemic the Government had passed Regulations that had been designed to enable Councils to hold meetings remotely, and as a consequence of these changes amendments were required to be made to the Council’s Constitution.

In addition to the amendments to the Constitution that were required as a result of changes to legislation, changes were also proposed that would provide clarification in respect of the quorum for committees and sub-committees of the Council. The proposed amendments to the Constitution were detailed in the officer’s report.

Resolved: -

1)    That the provisions of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 be noted.

2)    That the proposed amendments to Appendix 4 of the Constitution (Council Procedure Rules), as set out in Appendix 1 of the report, be approved.

3)    That the proposed amendments to Appendix 3 of the Constitution (Access to Information Procedure Rules), as set out in Appendix 2 of the report, be approved.

4)    That the Constitution Working Group review the implementation and effectiveness of the changes after six months of operation and report back to Council by no later than January 2021 on any further changes required.

Mover: - Councillor Read                        Seconder: - Councillor Watson

To consider a nomination to create an Honorary Freewoman of the Borough.

Consideration was given to a report seeking approval to create an Honorary Freewoman of the Metropolitan Borough of Rotherham.

The report noted that under the Local Government Act 1972, the Council had the power to grant the title of Honorary Freewoman and Honorary Freeman of the Borough to persons of distinction who have rendered eminent service to the Borough. It was proposed that in accordance with the authority’s protocol in respect awarding this honour that Dame Julie Ann Kenny CBE DL HonD FRSA be considered to be made an Honorary Freewoman of the Borough. It was noted that the proposal had been endorsed by the Mayor, the Leader of the Council and the Leader of the Opposition.

Resolved: -

1)    That in pursuance of the provisions of Section 249(5) of the Local Government Act 1972, and in recognition of her outstanding service as a major employer in the borough, services to industry and charitable works within Rotherham and South Yorkshire, Dame Julie Ann Kenny CBE DL HonD FRSA be admitted as an Honorary Freewoman of the Borough at an extraordinary Council meeting.

2)    That authority be delegated to the Chief Executive, in consultation with the Mayor, to determine the date of the Extraordinary Meeting of the Council to admit Dame Julie Kenny as an Honorary Freewoman of the Metropolitan Borough of Rotherham.

Mover: Councillor Read     Seconder: Councillor Watson

To receive and consider reports, minutes and recommendations of the Standards and Ethics Committee.

To confirm the minutes as a true record.

Resolved: - That the reports, recommendations and minutes of the meeting of the Standards and Ethics Committee of 12 March 2020 be adopted.

Mover: - Councillor McNeely                   Seconder:-  Councillor Clark

To receive and consider reports, minutes and recommendations of the Health and Wellbeing Board.

To confirm the minutes as a true record.

Resolved: - That the reports, recommendations and minutes of the meeting of the Health and Wellbeing Board of 11 March 2020 be adopted.

Mover: - Councillor Roche                      Seconder: - Councillor Mallinder

To receive and consider reports, minutes and recommendations of the Planning Board.

To confirm the minutes as a true record.

Resolved: - That the reports, recommendations and minutes of the meetings of the Planning Board of 27 February 2020 be adopted.

Mover: - Councillor Sheppard                 Seconder: - Councillor Williams

To receive and consider reports, minutes and recommendations of the Staffing Committee.

To confirm the minutes as a true record.

Resolved: - That the reports, recommendations and minutes of the meetings of the Staffing Committee of 2 March and 14 May 2020 be adopted and approved.

Mover: - Councillor Alam                Seconder: - Councillor Read

To receive and consider reports, minutes and recommendations of the Licensing Board, Licensing Board Sub-Committee and Licensing Sub-Committee.

To confirm the minutes as a true record.

Resolved: - That the reports, recommendations and minutes of the meetings of the Licensing Board and Licensing Board Sub-Committee of 24 February and 3 and 16 March 2020 be adopted.

Mover: - Councillor Ellis                Seconder: - Councillor Beaumont

To put questions, if any, to the designated Members on the discharge of functions of the South Yorkshire Police and Crime Panel, South Yorkshire Fire and Rescue Authority, Barnsley, Doncaster, Rotherham and Sheffield Combined Authority and South Yorkshire Pensions Authority, in accordance with Council Procedure Rule 11(5).

(1)  Councillor Reeder referred to the Advertiser of the 27th May, 2020 - Fire in East Herringthorpe - in the article that covered the fire in East Herringthorpe it stated that the pump in attendance came from Stocksbridge, so asked could the spokesperson please confirm where Rotherham’s own pump was at this time and, therefore, why it was necessary to bring a pump from Stocksbridge?

Councillor Taylor confirmed the incident in question (2044006033), involved a grassland fire at Hatfield Moor.  With any large fire incident this often involved lots of appliances and they were strategically moved to ensure overall coverage.  

At the time of the vehicle fire at Wickersley Road, Herringthorpe, on the 26th May, 2020, one of the Rotherham appliances was assisting at Hatfield Moor and this resulted in the Stocksbridge appliance being placed on standby at, and mobilised from, Rotherham Fire Station to attend the incident at Herringthorpe.

In a supplementary question Councillor Reeder sought an assurance that there would be no more cuts to fire services due to the support to the Police and NHS during this difficult time.  It takes time to train people and have people ready to deal with a fire, especially if one occurs in Rotherham on an evening. What would have happened if there had been a local house fire with people trapped and how long would it have taken for the pump to arrive from Stocksbridge?    This was why people were calling for the second pump at night to be reinstated in Rotherham.  Funding was available and would Councillor Taylor continue to lobby as his party pledged to restore the second pump in Rotherham.

Councillor Taylor explained it was not unusual for a fire pump to be sent from the other end of South Yorkshire and to stand at another station.  There was no delay in this instance.  The second pump at night had now not been in place for two years and it was unfortunate this had been the case for Rotherham. 

Interestingly the new Fire Minister had spoken in Parliament about pressures on the service both historically and currently with the Covid-19 pandemic.

The Mayor advised the meeting that, in accordance with Council Procedure Rule 11(11)(c), the Designated Spokespersons for the South Yorkshire Pensions Authority, South Yorkshire Police and Crime Panel and South Yorkshire Fire and Rescue Authority would respond in writing to Councillor Carter in respect of the following questions, which would be appended to the minutes of the meeting presented for approval on 22 July 2020:

·         How has the coronavirus pandemic affected the South Yorkshire Pension Fund, particularly given its investments in the fossil fuel industry?

·         How many fixed penalty notices have South Yorkshire Police issued since the Coronavirus Act was enacted, broken down by council ward?

·         Where does South Yorkshire Police rank in terms of the issuing of fixed penalty notices and warnings issued under the Coronavirus Act, compared to other police constabularies in England?

·         How many reports of Coronavirus lockdown breaches have been made  ...  view the full minutes text for item 347.

To put questions, if any, to Cabinet Members and Committee Chairpersons (or their representatives) under Council Procedure Rules 11(1) and 11(3).

(1)  Councillor Napper referred to the Advertiser reporting that Labour Councillors have dropped Councillor Jones to be Mayor.  If this was true, why?  When he nominated Councillor John Turner for Deputy Mayor, the Labour Councillors then voted on-block for Councillor Jones, giving their reasons as a champion for his residents and for veterans. He asked why had this changed and could it be his stance on Droppingwell Tip?

The Leader could not comment on the circumstance of the vote, but at the Annual Meeting, the Labour Group would endorse a candidate for Mayor.  This would be subject to democratic endorsement by way of a vote of all Members of the Council.

In a supplementary question Councillor Napper asked if the Councillors who proposed and seconded Councillor Jones were they misleading Members at the time by their recommendations.

The Leader did not believe they had misled Members in any way by moving a candidate for Deputy Mayor, which was voted on and agreed at the time.

(2)   Councillor John Turner explained Democracy was Government of the people by the people for the people. It seemed that every party purported to be against the reopening of the tip at Droppingwell, so asked would the ruling party take steps to effect this deliberation?

Councillor Hoddinott explained that the Council’s opposition to the re-opening of Droppingwell Tip was a matter of public record and reminded the meeting that councillors unanimously voted to ask the Environment Agency to revoke the permit to tip on the site in January 2017. She reiterated that the Council was, therefore, clear in its opposition to the reopening of the site.

In a supplementary question, Councillor Turner asked if this was correct why was the  Secretary of State not intervening to support what the people of Rotherham wanted in the same way China conducted their democracy with Hong Kong.

Councillor Hoddinott was unable to draw the same conclusions as the situation in Hong Kong, but indicated that she was concentrating on what was happening in Rotherham. Responses were awaited to correspondence sent to the Secretary of State in respect of this matter by the Cabinet Member and the Chief Executive.

(3)   Councillor Carter asked what had the impact been on the reported instances of fly-tipping since restrictions at the household waste recycling centres have been introduced and could the Cabinet Member please outline the plan and associated timescale for the re-opening of household waste recycling centres back to their normal operation.

Councillor Hoddinott thanked everyone who had been so patient in relation to the restrictions in respect of household waste and recycling centres.   Their closure and restrictions on their opening had been and continued to be frustrating at times, but she reiterated that it was absolutely essential that the restrictions were not relaxed and that social distancing continued to be observed for the people that were working to avoid putting people’s health at risk. Furthermore, she preferred to err on the side of caution in relation to the closure  ...  view the full minutes text for item 348.

Any other public items which the Mayor determines are urgent.

There were no urgent items of business.