Officer Decisions

Date Of Decision:

7 April 2021

Decision Maker:

(Including Job Title)

Judith Badger

Section 151 Officer

Strategic Director Finance & Customer Services

Specific Delegation:

(If any)

Appendix 9 of the Constitution (Responsibility for Functions) – Delegation to the Strategic Director of Finance and Customer Services to determine requests for early release and flexible retirement, in consultation with the relevant Cabinet Member

Brief Description of Decision:

A request from a former employee asking for the early release of preserved pension benefits on compassionate grounds was rejected.

Reasons for the Decision:

The grounds of the request were not sufficient to meet the Council’s criteria and there would be a cost to the Council in releasing the pension benefits early.

Details of Alternative Options Considered and Rejected:

The employee was able to claim their preserved pension with actuarial reduction.   This would be communicated to the former employee.

Where the decision is made under specific delegation from a decision making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

None

Background Papers:

Date of Decision:

7 April 2021

Decision Maker:

(Including Job Title)

Judith Badger

Section 151 Officer

Strategic Director Finance & Customer Services

Specific Delegation:

(If any)

Appendix 9 of the Constitution (Responsibility for Functions) – Delegation to the Strategic Director of Finance and Customer Services to determine requests for early release and flexible retirement, in consultation with the relevant Cabinet Member.

Brief Description of Decision:

Approval was given to a request for flexible retirement in Adult Care, Housing and Public Health Directorate

Reasons for the Decision:

The employing service had considered service delivery implications and was supportive of the requests.  There was no cost associated with granting the early release of pension entitlements.

Details of Alternative Options Considered and Rejected:

None

Where the decision is made under specific delegation from a decision making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

None

Background Papers:

Date of Decision:

9 April 2021

Decision Maker:

(Including Job Title)

Tom Smith, Assistant Director, Community Safety and Streetscene

Specific Delegation:

(If any)

Non-specific

Brief Description of Decision:

That the conditions contained within the Highways Act Licence for permission to place tables and chairs on the highway, be temporarily amended as follows:

“During the period that any Pavement Licences issued under Part 1 of the Business and Planning Act 2020 remain in effect (which does not apply to areas where there is a PSPO in place), the following conditions will apply to licences issued under s.115E of the Highways Act 1980 [premises licenced to sell alcohol] as a temporary amendment:

1. The area to which this licence relates may only be used during periods that the premises is open for the purposes of selling alcohol for consumption on the premises, or until 23:00hrs whichever is the earlier.  This will be the case unless an earlier time is considered to be justified following consultation, in which case the Council will notify the licence holder of the revised time in writing.  The area covered by the licence must be cleared of customers and all furniture during periods that this licence is not in effect.

2. The licence holder is encouraged to serve drinks in ceramic cups or polycarbonate glasses or bottles.  This will be mandated by the Council if it is considered to be justified following consultation, in which case the licence holder will be notified of this in writing.

The Council reserves the right to withdraw this temporary amendment at any time (in whole or in part).  Should the amendment be withdrawn, the conditions detailed on licence will become effective immediately.”

The temporary amendment will cease on 30 September 2021 (or, if Part 1 of the Business Planning Act is extended beyond this date, the date at which licences issued under the Act cease to have effect).

Reasons for the Decision:

The briefing note “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980” presented to ‘SLT/Gold’ on 6 April 2021 and enclosed with this decision, sets out the detailed reasons for the decision.

Details of alternative options considered and rejected:

The briefing note “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980” presented to ‘SLT/Gold’ on 6 April 2021 and enclosed with this decision, sets out the details of alternative options considered.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

Report to SLT/Gold, 9 April 2021 – “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980”

Date of Decision:

1 December 2020

Decision Maker:

(Including Job Title)

Tom Bell - Assistant Director - Housing

Specific Delegation:

(If any)

Non-specific

Brief Description of Decision:

The award of a contract in respect of mould eradication works. This was tendered and awarded to Quality Eradication Services Today Ltd for a period of 24 months, with the option to extend by a further 2 x 12-month periods at the sole discretion of the Council.

This was tendered and awarded to Quality Eradication Services Today Ltd (QEST) for a period of 24 months, with the option to extend for a further 2 x 12-month periods.

The contract will commence on 4 January 2021

Details of the contract can be found on the Council’s contracts register at the following link:

https://www.rotherham.gov.uk/downloads/download/7/tenders-and-contracts

Reasons for the Decision:

The result of a competitive procurement procedure.

The procedure was undertaken as an Open Tender exercise which was conducted in line with the Public Contract Regulations 2015 and the Council’s own Financial and Procurement Procedure Rules.

Details of alternative options considered and rejected:

n/a

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

n/a

Dispensations Granted:

(If any)

Reports or parts of reports considered

Tender evaluation report

Date of Decision:

30 March 2021

Decision Maker:

(Including Job Title)

Judith Badger

Strategic Director of Finance and Customer Services

Specific Delegation:

(If any)

Non-specific

Brief Description of Decision:

That the measures previously approved in relation to the immediate payment of invoices (including receipting, dealing with disputes and invoice frequency) remain in place until 30 June 2021.

Reasons for the Decision:

To continue to respond the COVID-19 pandemic and the need to support Suppliers.

Details of alternative options considered and rejected:

The accompanying briefing paper sets out the payment arrangements to support Suppliers which are currently in place and which would otherwise end on 31st March 2021. The reasons for the decision to continue the arrangements are set out in the paper. The position will be reviewed again before the end of June 2021.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No conflicts of interest

Dispensations Granted:

(If any)

N/A

Reports or parts of reports considered

Briefing Paper for the Strategic Director of Finance and Customer Services – Supplier Relief post 23 March 2021.

Date of Decision:

4 May 2021

Decision Maker:

(Including Job Title)

Simon Moss

Assistant Director of Planning, Regeneration and Transport

Specific Delegation:

(If any)

Nonspecific

Brief Description of Decision:

That the Assistant Director of Planning, Regeneration and Transport approves in principle the proposals shown on drawing number NSS/COLLIERYRD/2021/01 and gives approval for:

1)    The usual statutory consultations to be undertaken including consultation with the local Ward Councillors and Cabinet Member.

2)    Road hump notices for the proposals to be prepared and advertised on site and in the press.

3)    The proposals to be advertised.

4)    The road humps to be implemented subject to be there being no objections received.

If any objections are received, a further report will be prepared in relation to these objections and this report will be considered by the Strategic Director of Regeneration and Environment.

Reasons for the Decision:

To enable the consultation and processes to commence regarding the proposed implementation of two road humps at Colliery Road, Kiveton Park.

Details of alternative options considered and rejected:

None.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No Conflicts of Interest

Dispensations Granted:

(If any)

 Not Applicable

Reports or parts of reports considered

The report of the Assistant Director – Planning, Regeneration and Transport - Proposed implementation of two road humps at Colliery Road, Kiveton Park

Date of Decision:

26 March 2021

Decision Maker:

(Including Job Title)

Sharon Kemp, Chief Executive

Specific Delegation:

(If any)

Appendix 9, Section 3B: Chief Executive

3. (d) To divide electoral divisions into polling districts at local government elections – Section 31 Representation of the People Act 1983

Brief Description of Decision:

To approve temporarily change seven polling places for the 6 May 2021 Local Government and Police & Crime Commissioner elections due to their unavailability.

Reasons for the Decision:

Under Section 18A to 18E Representation of the People Act 1983 the Council has a duty to designate polling places for the polling districts and keep these under review.

Following the latest Polling District and Polling Places Review, Full Council approved the scheme of polling districts and polling places on 30 October 2019.

Due to the unavailability of seven polling places on 6 May 2021, it is necessary to allocate temporary alternative polling places for the affected polling districts.

The decision is required at short notice due to the election timetable, therefore it needs to be made under delegated powers.

Details of alternative options considered and rejected:

As polling districts are small geographical areas, there is often only a limited number of options of suitable buildings to use as polling stations.  Consideration has been given to The Electoral Commission’s guidance when seeking alternatives.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None.

Dispensations Granted:

(If any)

n/a

Reports or parts of reports considered

Appendix 1, attached to this paper details the polling districts, current polling places, temporary polling place and the reason for the change.