Agenda and minutes

The Former Sustainable Communities Scrutiny Panel - Thursday 13 November 2008 9.30 a.m.

Venue: Town Hall, Moorgate Street, Rotherham.

Contact: Dawn Mitchell (Ext. 2062) Email: dawn.mitchell@rotherham.gov.uk

Items
No.	Item
54.	Communications View the background to item 54. Minutes: The Scrutiny Adviser circulated a letter received from the appointed Liquidators of Farepak updating on the latest position. Resolved:- That a letter be sent to the Minister at the Department of Business, Enterprise and Regulatory Reform expressing the Panel’s concern with regard to how the situation had been/was being handled.
55.	Declarations of Interest View the background to item 55. Minutes: There were no Declarations of Interest made at the meeting.
56.	Questions from members of the public and the press View the background to item 56. Minutes: There were no members of the public and press present at the meeting.
57.	Trading Standards Service in Rotherham Minutes: Margaret Statham, Trading Standards Manager, gave the following powerpoint presentation:- Trading Standards covers:- Civil Law - Advice and guidance on civil Legislation relating to contracts - What someone’s rights are and what they need to do to pursue a case - Practical guidance on the Legislation Criminal Law - Enforcement of Legislation - Not as straight forward as it used to be as new Legislation includes civil action e.g. trader signing up to a Court document which would lead to contempt of Court and imprisonment if conditions breached. First Tier Consumer Advice was provided by Consumer Direct. Should the customer require further assistance or there was a criminal element, they were referred through to Trading Standards Legislation – 70 Acts of Parliament split into 4 basic areas - Contract Law - Safety o Toys o Pots and pans o Cosmetics o General products - Metrology (Weights and Measures) o Trading Standards evolved from Weights and Measures enforcement o Weights and Measures linked to monetary units (pounds) o Statutory qualification o Basis for majority of contracts made - Fair Trading o Prices o Credit o Descriptions o Counterfeit Specific Projects Loan Sharks No Cold Calling Zones Scambusters Tobacco – counterfeit Proceeds of Crime Under Age Sales Home Services Directory Motor Trade Partnership Christmas - National Consumer Week (w/b 17^th November, 2008) - November edition of South Yorkshire Newsletter - http/www.consumerdirect.gov.uk/savvy - http/www.consumerdirect.gov.uk/news/pressreleases/NCWPR/513329 - http/www.consumerdirect.gov.uk/savvy/advent_calendar 2007/08 Achievements - visiting 100% of high risk premises - 100% response rate to correspondence within 10 days - 96.2 business satisfaction index 96.2 consumer satisfaction index - setting up of 10 no cold calling zones - 15 in depth counterfeiting cases - maintaining service expenditure within budgets. A question and answer session ensued with the following points highlighted:- - The Proceeds of Crime Legislation was a new area for Trading Standards. A Proceeds of Crime investigation ran alongside a criminal investigation and was a very powerful piece of Legislation as the person being investigated had to prove how the income was not as a result of criminal activities; - A lot of pro active work was undertaken with regard to enforcement of Weights and Measures and as a result there were very few problems; - Consumer Direct recorded full details of any call received, although, a number of callers did not want to give their names. Trading Standards would always try to maintain confidentiality although it was more difficult if it was an anonymous caller as they could not be kept informed of what had happened after their call; - Counterfeit currency was under the jurisdiction of the Police; - A member of the public should ring Consumer Direct and report issues who then referred it to the relevant Trading Standards Service; - The Service was required to follow the Council’s Enforcement Policy based on Legislation. In some cases, other ways were used to get the same result rather than taking a trader to Court. Margaret was thanked for her very interesting presentation.
58.	Housing Renewal in Rotherham Minutes: Tom Bell, Neighbourhood Investment Manager, gave a powerpoint presentation on the Rotherham Housing Market Renewal Programme ‘4 Years On’ as follows:- HMR Pathfinder Programme Target Areas - Wath and Swinton - Rawmarsh and Parkgate - Rotherham West - Rotherham East - Town Centre Delivery Arrangements - Governance Arrangements o ADF Executive Groups o Project Sub-groups o HMR Pathfinder Meeting o TSY Board - Delivery Arrangements o RSL Partnership o Private sector partnerships o EDS o External consultancy Housing Market Challenges – 4 years ago - Low property values - High void rates - Vulnerability not abandonment - Pockets of failure - Lack of housing choice - Lack of housing quality - Unsustainable stock - Failing service centres Housing Market Challenges – Now - Rapid price rises but now falling – 15 to 30% - Difficulties in securing mortgages - Under valuing properties - Banks risk averse - Reluctance to enter housing market - Economic downturn – unemployment rising - Increasing demand for affordable housing - Mortgage repossessions on the increase Achievements - 250 unsustainable homes demolished - 396 new homes constructed - New Town Centre residential market - Award winning ECO housing development - £2.8M Gateways enhanced - £2M Parks and public spaces - 2 Service centres improved - 290 affordable homes built - £264,000 Safer Neighbourhoods Linkages to other Programmes - Affordable Housing Programme - Regional Housing Programme - Renaissance Towns Initiative - Town Heritage Initiative - 2010 Decent Homes Programme - Neighbourhood Management Pathfinder - Employment and training - Economic regeneration - Supporting People - Quality Bus Corridor - PCT – Health Living - Green Spaces Investment Programme - Children and Young People - Respect Agenda - Promoting Public Art - Zero Carbon Objectives HMR Programme Funding Allocation - 2004-06 £15.3M spent (100%) - 2006-08 £15.6M spent (105%) - Total to date £30.9M (4 years) - 2008-11 £25.9M provisional allocation for 3 years HMR Programme – What Next - Delivering the 2008-11 Programme in a changing market - Ensuring that the Programme was responsive to change - Strengthening partnership and delivery arrangements - Maintaining links to economic conditions and community cohesion - Supporting delivery of new affordable homes - Linkages to the Growth Housing agenda - Developing relationships with the Home and Communities Agency A question and answer session ensued with the following points raised/clarified:- - Shared ownership; - Schemes were being explored or “try before your buy” whereby you rented a property above the social rent level. The amount above the social rent went into a holding fund so over the years it was built up into a deposit for when that person was in a position to purchase; - A Corporate approach was being developed to the challenging economic conditions, not just for housing, but linking in with all areas of the Council and external partners; - All the apartments in the Imperial Buildings and on the old Market Site had been sold. 90% of the apartments on the next phase (Keppel Wharf) had also been ... view the full minutes text for item 58.
59.	Under Age Sales Update PDF 83 KB Minutes: Margaret Statham, Trading Standards Manager, presented an update on the work of the Trading Standards Service in relation to the sale of age restricted products. The Trading Standards Team had responsibility for the enforcement of age Restricted Sales Legislation aimed at protecting the health and wellbeing of young people. Products such as tobacco, fireworks, solvents, videos, lottery tickets, spray paints and alcohol were age restricted as they were believed to be harmful if purchased and used/misused by people under a specific age. In the first 6 months of 2008/09, the Team had received 5 complaints/referrals in relation to alleged underage sales. All had been dealt with by personal visits to the premises concerned. Advice had been given to the owner of each business in respect of the Legislation controlling such sales, together with advice in respect of their legal responsibilities. Action plans had been developed with all premises where deficiencies in the management of the business had been identified with in put from South Yorkshire Police where appropriate. The Team, in conjunction with South Yorkshire Police, had carried out intelligence led test purchasing exercises as follows:- Product Date of visits No. of premises visited No. of Sales Solvents June 8 1 (12.5%) Alcohol July-August 52 3 (5.7%) Cigarettes September 15 1 (6.7%) Total June-September 75 5 (6.7%) The figures represented a business compliance rate for alcohol and tobacco sales of 94% which exceeded the current target of 93.7% (Neighbourhoods and Adult Services Strategic Objective 2). Trading Standards had played a role in the development of Operation Fawkes, a multi-agency project that lasted for 2 weeks beginning in late October, 2008. The Operation involves representatives from South Yorkshire Police, South Yorkshire Fire and Rescue, the Council and other partners working together to ensure that Rotherham residents enjoyed a safe time both at home and out at events. As in previous years, Trading Standards enforcement staff would be working with the Police and conducting test purchasing operations at shops around the Borough. Those shops found to be selling alcohol or fireworks to anyone under the age of 18 could potentially lose their licences and/or face criminal proceedings. There would be 4 operations involving test purchases of fireworks and 2 involving alcohol and cigarettes. It was expected that the 6 operations would involve visits to approximately 40 individual premises. After the conclusion of Operation Fawkes, Trading Standards would continue to work with Safer Neighbourhood Teams with the intention of carrying out at least 1 underage sales exercise per month. The following issues were raised:- - The Service worked very closely with the Police. There was a Memorandum of Understanding with regard to under age sales, particularly for alcohol; - It was not a criminal offence for a parent to give a child an alcoholic drink within the home. It was an offence if someone was buying alcohol specifically to supply children; - Test purchasing for solvents had only been carried out in a couple of Area Assembly areas because of issues ... view the full minutes text for item 59.
60.	Cabinet Member for Neighbourhoods PDF 93 KB View the background to item 60. - minutes of meetings held on 13^th and 27^th October, 2008 Additional documents: Minutes , 27/10/2008 Cabinet Member for Neighbourhoods , item 60. PDF 105 KB Minutes: The Panel noted the decisions made under delegated powers by the Cabinet Member for Neighbourhoods held on 13^th and 27^th October, 2008. Arising from Minute No. 92 (Disabled Adaptations Funding), the Director of Housing and Neighbourhood Services reported that, as a result of the decision made that where Decent Homes works were being carried out and adaptations required that assessments be carried out, there had been an increase in the number of people being assessed as requiring adaptations than budgeted for. Some adaptations would now be funded through the Decent Homes Programme. Arising from Minute No. 93 (Safer Neighbourhood Review Action Plan), the Director of Housing and Neighbourhood Services reported that the Plan was on target. The Safer Neighbourhood Team anti-social behaviour telephone line had now gone live and was staffed by Enforcement Staff.
61.	Sustainable Communities Scrutiny Panel PDF 139 KB View the background to item 61. - minutes of meeting held on 16^th October, 2008 Minutes: The minutes of the meeting held on 16th October, 2008, were noted. It was noted that the first meeting of the Choice Based Lettings Review Group was to be held on 18^th November, 2008, at 2.00 p.m.
62.	Performance and Scrutiny Overview Committee PDF 154 KB View the background to item 62. - minutes of meeting held on 10^th and 24^th October, 2008 Additional documents: Minutes , 24/10/2008 Performance and Scrutiny Overview Committee , item 62. PDF 128 KB Minutes: The minutes of the Performance and Scrutiny Overview Committee held on 10^th and 24^th October, 2008 were noted.
63.	Members Sustainable Development Advisory Group PDF 151 KB View the background to item 63. - minutes of meeting held on 31^st October, 2008 Minutes: The minutes of the above Advisory Group held on 31st October, 2008, attended by Councillors Wyatt (in the Chair), Austen, McNeely and Pickering, be noted. Resolved:- (1) That a presentation be made to a future meeting of the Panel on the new measures to increase energy efficiency in homes and to combat fuel poverty. (2) That information which Councillors would be able to pass onto their communities should be made available as soon as possible for use at surgeries etc.
64.	Exclusion of the Press and Public Minutes: Resolved:- That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part I of Schedule 12A to the Local Government Act 1972 (information relating to the financial or business affairs of any particular person (including the Council)).
65.	Garage Site Review - Update View the reasons why item 65. is restricted Minutes: Paul Walsh, Programme Manager, Neighbourhood Investment Team presented a further report on progress made with the above Borough-wide Review. Following an indepth analysis of each site, recommendations had been developed in consultation with Ward Members and other stakeholders and had been submitted for consideration. The original database developed by the Team in 2006 had identified 451 Council-owned garage sites, however, the ongoing process of the review had identified a number of sites suitable for decommissioning and, following Member approval, a number had been sold. The database had, therefore, been revised and now stood at 440. Many of the sites had been disposed of to support the development of new affordable homes with 47 new homes being built on 8 of the sites sold to date. All garage sites had been assessed as to their suitability in consultation with Ward Members, residents and 2010 Rotherham Ltd. The assessment had looked at demand, quality, site security, investment requirements and estate management problems. 86% had been recommended for retention and improvement and 11% considered for disposal. The remaining 3% would be further considered as part of the ongoing review process. The Garage Site Investment Programme was continuing, improving the overall quality of garage sites to be retained. Discussion ensued on the report with the following points raised;- - The sites previously coded as “green” had been built into the Forward Investment Plan; - There were very few “amber” sites and were subject to review. Strong management would go into them until a decision was made as to their future; - Sites coded as “red” were to be decommissioned with further detailed assessment as to what they could be used for; - The Team should be notified of any specific site that was causing problems; - Information and invitations had been sent out to all Members to comment on the recommendations for the sites in their respective areas. A lot of feedback had been received, some requesting site visits, some wanting meetings to discuss the recommendations. Members would continue to receive regular updates and information particularly to those who had garage sites in their Wards that were to be decommissioned together with meetings to discuss proposals. The Chair stated that the whole question of the garage review had arisen from this Scrutiny Panel. It had been taken seriously by the officers and the progress made was very pleasing. Resolved:- That the report be noted.