BATH AND NORTH EAST SOMERSET COUNCIL

MINUTES OF COUNCIL MEETING

Tuesday 19 February 2008

PRESENT: Councillors: Rob Appleyard, Sharon Ball, Tim Ball, Colin Barrett, Gabriel Batt, David Bellotti, Sarah Bevan, Marie Brewer, Loraine Morgan-Brinkhurst, John Bull, Neil Butters, Bryan Chalker, Anthony Clarke, Victor Clarke, Nicholas Coombes, Chris Cray, Paul Crossley, Gerry Curran, Colin Darracott, Sally Davis, Douglas Deacon, Ian Dewey, David Dixon, Armand Edwards, Peter Edwards, Andrew Furse, Terry Gazzard, Charles Gerrish, Ian Gilchrist, Francine Haeberling, Alan Hale, Allan Hall, Malcolm Hanney, Nathan Hartley, David Hawkins, Steve Hedges, Lynda Hedges, Adrian Inker, Eleanor Jackson, Les Kew, Malcolm Lees, Richard Maybury, Barry Macrae, Shaun McGall, Marian McNeir, Bryan Organ, Carol Paradise, Vic Pritchard, Caroline Roberts, Nigel Roberts, Dine Romero, Will Sandry, Brian Simmons, David Speirs, Shirley Steel, Roger Symonds, Martin Veal, Tim Warren, Chris Watt, Brian Webber, Brook Whelan, John Whittock, Stephen Willcox and Gordon Wood

Apologies for absence: Councillor Cherry Beath

47 EMERGENCY EVACUATION PROCEDURE

The Chairman drew attention to the emergency evacuation procedure as set out on the Agenda.

48 MINUTES

RESOLVED that the minutes of the meeting held on Thursday 22nd November 2007 be confirmed as a correct record and be signed by the Chairman.

49 DECLARATIONS OF INTEREST

The Solicitor to the Council advised orally on the declaration of interests in relation to Budget issues and reminded Members that, because the amounts identified in the papers were high level and not the detailed breakdown, Councillors would not have a personal interest unless a specific issue was debated by which they themselves were directly affected more than other Councillors.

Interests were declared by Councillors as shown below.

Councillor Malcolm Hanney - Personal non-prejudicial interest as Chairman of the Bath and North East Somerset Primary Care Trust in the submissions from members of the public on cancer services at the Royal United Hospital (agenda item 7 minute 52).

Councillor Chris Cray - Personal non-prejudicial interest as the holder of a disabled person`s parking blue badge in the Liberal Democrat amendment on the Budget (report 10 minute 54).

Councillor Will Sandry - Personal non-prejudicial interest as an employee of Wesssex Water Services Ltd in the agenda motion on Bottled Water (report 12 minute 56).

Councillor Nigel Roberts - Personal non-prejudicial interest as an employee of the NHS RUH Trust in the submissions from members of the public on cancer services at the Royal United Hospital (agenda item 7 minute 52).

Councillor Eleanor Jackson - Personal non-prejudicial interest as the holder of a concessionary bus pass in the Budget (report 10 minute 54).

50 ANNOUNCEMENTS FROM THE CHAIRMAN OF THE COUNCIL OR FROM THE CHIEF EXECUTIVE

The Chairman:

(1) Announced the recent death of Mrs Gail Speirs, mother of Councillor David Speirs and invited the Council to place on record its condolences to Councillor Speirs and his family.

(2) Announced that Sarah McGlone from Norton Hill School had been elected UK Youth Parliament Member for Bath and North East Somerset for 2008 with Jonny Ely from Hayesfield School as deputy.

(3) Welcomed two more volunteers to the Councillor Shadowing Scheme run by the Bath and North East Somerset Racial Equality Council, Dr Sue Bowen who was present in the Chamber this evening and Mrs Dee Slade.

(4) Thanked everyone who supported the recent Charity Fashion Show and encouraged all Councillors who had not done so already to purchase their tickets for the Chairman`s Charity Ball on 7 March.

(5) Announced that, following consultation with the Group Leaders, he had agreed to take reports 9 and 10 together in a single debate and would say more about how he proposed to handle the debate when reaching those two items on the agenda.

(6) Reminded Members that the process for keeping to the timings on the agenda briefing sheet had been agreed with the Group Leaders and asked for the co-operation of all Councillors in this.

(7) Indicated that he would announce a short comfort break after the Budget debate if the meeting did not appear likely to finish soon after that.

51 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

There were no items of urgent business for this meeting.

52 PETITIONS, STATEMENTS, DEPUTATIONS AND QUESTIONS FROM THE PUBLIC

(A) Mrs Katharine Tylko-Hill, Mrs Sarah Stephen, Mrs Pamela Dagger and Dr Paul Cornes made statements in support of the campaign against the decommissioning of gynaecological cancer services at the Royal United Hospital and urging the Council to support the campaign to retain these services in Bath rather than relocate them to Bristol.

In response to a question from Councillor Eleanor Jackson, Katharine Tylko-Hill said that the campaign was concerned to maximise the openness of the process leading up to the decision being taken so that everyone knew what would happen and when and have a fair chance of influencing the outcome. In response to a question from Councillor Loraine Morgan-Brinkhurst, Katharine Tylko-Hill said that their concerns were about the impact especially on elderly and very sick patients of the added travel to the Bristol centre and the lack of adequate night-time medical cover there.

In response to a question from Councillor Eleanor Jackson, Sarah Stephen said that the Council should support the campaign to retain the service in Bath. In response to a question from Councillor Loraine Morgan-Brinkhurst, Sarah Stephen said that the RUH staff had given fantastic care to her as a cancer patient and she hoped that the Council would take a lead in showing the RUH staff how they could support the campaign.

In response to a question from Councillor Adrian Inker, Pamela Dagger said that she was not aware that Wiltshire County Council had indicated that it did not consider the transfer to Bristol to be in health scrutiny terms a substantial variation. In response to a question from Councillor Loraine Morgan-Brinkhurst, Pamela Dagger said that she was not aware that the Primary Care Trust had indicated that the service was being reorganised in response to a Government directive.

In response to a question from Councillor Eleanor Jackson, Dr Paul Cornes said that if a surgeon was withdrawn another would have to appointed to undertake this service. In response to a question from Councillor Chris Cray, Dr Paul Cornes said that the key to good outcomes in cancer treatment was enough investment. The question of whether two teams were more cost-effective than a single team covering a larger area was an economic one. Surveys showed that respondents in good health said they would be prepared to travel further to obtain better quality treatment but sick patients preferred local treatment. In response to a question from Councillor Loraine Morgan-Brinkhurst, Dr Cornes said that any proposals for change had to be supported by sufficient medical and economic evidence. When these proposals were first mooted twelve clinicians did not approve them on medical grounds.

The Council thanked the speakers and received and noted the statements which were referred for consideration and response to the Chair of the Healthier Communities and Older People`s Overview and Scrutiny Panel.

(B) Major Anthony Crombie made a statement about the Bath Western Riverside development and drew attention to the meeting of the UNESCO World Heritage Committee taking place in July in Quebec which would receive a report from the Government`s Department of Culture, Media and Sport. The Council thanked Major Crombie and received and noted the statement which was referred for consideration and response to the Cabinet Member for Customer Services.

(C) Mrs Julia Bailhache made a statement urging that when making decisions about planning and development the impact on the environment should be considered in its widest sense. The Council thanked Mrs Bailhache and received and noted the statement which was referred for consideration and response to the Cabinet Member for Customer Services.

53 ANNOUNCEMENT OF CHAIR(MAN) DESIGNATE FOR 2008/09 (Report 8)

The Council considered a report recommending that a Councillor be named as Chair(man) of the Council (Designate) for the next Council Year beginning in May 2008 to facilitate diary forward planning prior to formal election at the Annual General meeting on 8th May 2008.

On a motion from Councillor Paul Crossley seconded by Councillor Malcolm Hanney it was RESOLVED that Councillor David Bellotti be named as Chair(man) of the Council (Designate) for the next Council Year.

54 CORPORATE PLAN 2008 -2011 (Report 9); FINANCIAL PLAN 2008/09 - 2010/2011 AND BUDGET AND COUNCIL TAX 2008/09 (Report 10)

Mr Keith Davis made a statement about the Council`s Budget and the impact on spending priorities which he attributed to the shortfall resulting from expenditure on the Bath Spa Project. The Council received and noted the statement which was referred for consideration during the debate on this item.

The Council considered reports setting out the recommendations of the Cabinet on the review of the Corporate Plan (Report 9) and the review of the Financial Plan for the period to 2010/2011 and the Budget and Council Tax for 2008/09 (Report 10). Reports 9 and 10 were dealt with in a single debate.

Officer advice on the service and financial implications of the amendment proposed by the Liberal Democrat Group to the Cabinet Budget proposal was circulated to all Members.

On a motion from Councillor Malcolm Hanney seconded by Councillor David Hawkins it was RESOLVED that the Council:

(1) Approves the draft Corporate Plan 2008-11 incorporating the Financial Plan as set out for adoption as a Policy and Budget Framework item.

(2) Authorises the Chief Executive in consultation with the Leader of the Council to make improvements around the targets and indicators in the Corporate Plan as the Local Area Agreement is further developed.

(3) Approves:

(a) The General Fund net Revenue Budget for 2008/09 of £110.720M which includes provision for redirecting resources in line with Corporate Plan priorities. This includes:

· £5.4 million investment for highways and network management costs;

· £1.1 million investment for Drug Action Team and Community Safety;

· £875,000 investment for development projects to progress the respective Visions for Bath and North East Somerset;

· £400,000 investment for adult care to address the challenges of an increasingly elderly population;

· £400,000 further investment in concessionary fares to meet service costs in excess of government funding;

· £100,000 investment for same day waste, recycling, and kitchen waste collections;

· £55,000 investment for improving corporate green housekeeping;

· £50,000 investment for City Centre Manager as part of the Bath Plus initiative;

b) The associated Council Tax increase of 3.95%.

c) That no Special Expenses be charged other than Town and Parish Council precepts for 2008/09.

d) The working balances statement at Appendix 2 Annex 3 of Report 10 with un- earmarked revenue balances set at £8.6m, with a programme of additions to bring the level to £11.5m by the end of 2010/11 as shown in Table 4 of Appendix 2.

e) That no further use be made of non-earmarked revenue reserves in 2008/09 to finance General Fund revenue expenditure.

f) The individual service cash limits for 2008/09 contained in Annex 1 to the Cabinet Budget proposal.

g) Notes the £11.1m of efficiency savings already achieved by the Council since 2004 to date and welcomes further proposals to achieve the £9m target set for the Financial Plan period.

(4) That the Council include the Local Precepts of Town and Parish Councils and those of the Fire and Police Authorities in its Council Tax setting.

(5) That the Council acknowledges the Section 151 officer's report on the robustness of the proposed budget and the adequacy of the Council's reserves (Report 10 Appendix 2, Annex 4) and approves the conditions upon which the recommendations are made as set out throughout Appendix 2.

(6) That in relation to the Capital Budget the Council:

a) Approves a capital payments budget of £61.631m for 2008/09 (excluding further slippage from 2007/08) as shown in Report 10 Appendix 3, Annex 1, including the additions to the programme proposed in Table 2 of Appendix 2, which includes provision for:

· £3.492 million investment for Fosseway Special School refurbishment;

· £2.959 million investment for Community Resource Centres;

· £1.962 million investment for social housing in Bath Western Riverside;

· £2.114 million investment for Greater Bristol Bus Network;

· £14.29 million investment for Bath Package;

· £5.371 million investment for the new Waste Centre (Midland Road relocation);

· £996,000 investment for development projects, including Southgate;

· £600,000 investment for Council financed school improvement schemes;

· £115,000 investment for a biomass boiler at Parks Nursery;

· £40,000 investment for urgent repairs at Victoria Hall, Radstock as part of the emerging Vision for the Somer Valley community being developed with local stakeholders and residents.

b) Notes the indicative Capital Payments Budgets of £56.268m in 2009/10 and £65.492m in 2010/11 £17.684m in 2011/12 and £17.654m in 2012/13 in as shown in Report 10 Appendix 3 Annex 1, and planned funding, and agrees that any further additions to the programme are subject to additional capital resources (government or third party funding and/or capital receipts) and an evaluation of the balance of benefits from additional capital investment and further reducing unsupported borrowing in the light of future years' revenue budget pressures.

(7) That the Council approves the Medium Term Financial Strategy which includes provision in financial years 2008/09 - 2010/11 for:

(a) Revenue:

· £16.35 million investment for highways and network management costs;

· £3.3 million investment for Drug Action Team and Community Safety;

· £2.625 million investment for development projects to progress the respective Visions for Bath and North East Somerset;

· £2.272 million investment for same day waste, recycling, and kitchen waste collections;

· £1.68 million further investment in concessionary fares to meet service costs in excess of government funding;

· £1.2 million investment for adult care to address the challenges of an increasingly elderly population;

· £165,000 investment for improving corporate green housekeeping;

· £150,000 investment for City Centre Manager as part of the Bath Plus initiative.

(b) Capital:

· £5.356 million investment for social housing in Bath Western Riverside;

· £3.805 million investment for development projects, including SouthGate;

· £1.8 million investment for Council financed school improvement schemes;

· £4.31 million investment for Greater Bristol Bus Network;

· £42.37 million investment for Bath Package;

· £8.106 million investment for the new Waste centre (Midland Road relocation).

(8) That the Council instructs Cabinet Members to finalise their Revenue and Capital Budgets for 2008/09 within the cash limits and amounts set by Council for inclusion on the weekly decision list no later than mid April 2008 (as part of the approval of Service and Resource Plans).

(9) That the Council authorises the Assistant Director of Support Services (Finance), in consultation with the Cabinet Member (Resources) to amend the cash limits set out in Report 10 Annex 1 of Appendix 2 to take account of the final re-allocation of budgets in respect of the actual pay award, when this is known.

(10) That the Council instructs the Strategic Directors Group to work on ideas for reducing the overall cost base of the Council's services in order to protect essential service delivery into 2009/10 and beyond, with an initial report back to the Cabinet in July 2008, recommending actions to pursue in this and future years.

(11) Authorises the Council's S151 Officer in consultation with the Cabinet Member (Resources), to drawn down on the exceptional risk reserve, if required, consistent with the purposes originally set out in Section Annex 2 of Appendix 1 of the February 2007 Budget Report as amended in Section 3 of Appendix 2 to Report 10 on this agenda.

(12) That the programme of regeneration expenditure (both revenue and capital) be subject to scrutiny by the Bath and North East Somerset Development Board, taking into account potential funding that might be available from the growth points and/or CIVITAS initiatives, and that authorisation of such expenditure be subject to the joint agreement of the Cabinet Member (Resources), the Cabinet Member (Development and Major Projects) and the Cabinet Member (Customer Services).

(13) That the costs of the Bath Package and the Waste Relocation Capital Projects and the financial implications of the Council's position in relation to the emerging sub-regional waste strategy, and elements thereof, be subject to review by the Cabinet Member (Resources) and the Cabinet Member (Customer Services) taking into account the potential funding that may be available from the growth points and/or CIVITAS initiatives and the Council's capital contingency.

(14) That the Chief Executive, in consultation with the Group Leaders and the Cabinet Member for Resources develop proposals for a `Local Member Initiative' scheme which, in line with the Local Government White Paper, will provide a mechanism to empower Ward Members to respond quickly to local needs that may need a small amount of financial support to make a big difference locally.

(15) That the £167k allowance for `headroom' be allocated as follows:

(a) An increase of £73k in the cash limit for Children, Young People and Families towards the new responsibility for Children's Care Proceedings Court Costs;

(b) £40k to allow for a pilot `local member initiative' scheme in 2008/09;

(c) An increase of £54k in the Libraries & Information cash limit with resources to be focused, in particular on the book fund.

(16) That £350k of the Council's General Reserves be earmarked for the purpose of responding rapidly to regional and sub-regional issues that directly help progress and/or deliver the Council's objectives. Use of the Reserve will be authorised by the Council's Section 151 Officer in consultation with the Chief Executive and the Cabinet Member for Resources.

(17) That in relation to Treasury Management (Report 10 Appendix 4) the Council:

(a) Approves the actions proposed within the Treasury Management Strategy Statement (Appendix 4 Annex 1);

(b) Approves the Prudential Indicators for the next 3 financial years as set out in Appendix 4 Annex 1;

(c) Approves the borrowing and debt rescheduling strategy as detailed in Appendix 4 Annex 1;

(d) Approves the investment strategy as detailed in Appendix 4 Annex 2;

(e) Approves the changes to the authorised lending list detailed in Appendix 4 Annex 2 and highlighted in Appendix 4 Annex 4;

(f) Approves the proposed policy on Minimum Revenue Provision and depreciation of assets as detailed in Appendix 4 Annex 5.

THE COUNCIL APPROVES THE BUDGET AND COUNCIL TAX FOR 2008/2009 AS INDICATED ABOVE AND ACCORDINGLY RESOLVES THAT:

(18) The revenue budget as set out in Appendix 2 Annex 1 to Report 10 be approved.

(19) The 2008/09 Capital Budget as set out in Appendix 3 Annex 1 to Report 10 be approved.

(20) The working balances statement at Appendix 2 Annex 3 to Report 10 be approved.

(21) That the Council's total net expenditure for 2008/09 be set at £110.720m (net of Dedicated Schools Grant of £92.451m and including a contribution of £1.750m net to reserves), or £108.970m excluding the contribution to reserves. That the 2008/09 expenditure is funded as follows:

 

	Total £	Per Band D (£)
2008/09 Gross Expenditure	307,159,300	4,838.21
2008/09 Income (excluding recharges)	-198,189,000	-3,121.77
2008/09 Net Expenditure	108,970,300	1,716.44
Funded by: Use of Balances (- is net contribution) £1.750m contribution	-1,750,000	-27.57
Revenue Support Grant £4.704738m Business Rate Pool £33.796429m	38,501,167	606.45
Collection fund surplus	297,000	4.68
Total	37,048,167	583.56
Raised from Council Tax	71,922,133	1,132.88
Total Funding	108,970,300	1,716.44

(22) (a) That it be noted that on 8th January 2008 The Assistant Director Support Services (Finance) (as authorised Section 151 Officer) agreed 63,486.17 Band D property equivalent as the Council Tax base for the year 2008/09 in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992 made under Section 33(5) of the Local Government Finance Act 1992.

(b) The amounts calculated by the Council, in accordance with regulation 6 of the Regulations, as the amount of its Council Tax Base for the year for dwellings in those parts of its area to which one or more special items relate is given as Appendix 1 Annex (1) to these minutes. [Annex (1) gives Band D Tax base by parish]

(23) That the following amounts be now calculated by the Council for the 2008/09 financial year in accordance with Sections 32 to 36 of the Local Government and Finance Act 1992:

(a) £110,846,094 (=108,970,300 (net expenditure) +1,875,794 (Parish precepts)) being the aggregate of the amounts which the Council estimates for the items set out in Section 32(2) (a) to (e) of the Act.

[This is the net expenditure incurred in performing functions and charged to revenue account, contingencies for revenue, any financial reserves to be raised, financial reserves to meet prior year deficit not yet provided for and any amounts transferred from general fund to collection fund under section 98(5) of 1988 Act.]

(b) -£1,750,000 (contribution to balances) the aggregate of the amounts which the Council estimates for the items set out in Section 32(3) (a) to (c) of the Act.

[This is sums estimated to be payable into the general fund other than RSG and NNDR, transfers from the collection fund to the general fund and financial reserves used to provide for items in Section 32(2) including income]

(c) £112,596,094 being the amount by which the aggregate at 6(a) above exceeds the aggregate at 6(b) above calculated by the Council in accordance with Section 32(4) of the Act as its budget requirement for the year.

(d) £ 38,798,167 (£38,501,167 Revenue support grant and business rate pool plus collection fund surplus £297,000) being the aggregate of the sums which the Council estimates will be payable for the year in respect of redistributed non-domestic rates, revenue support grant or additional grant, increased by the amount which the Council estimates will be transferred in the year from its collection fund to its general fund.

[Adjustments to be made to this figure for transfers from collection fund to or from general fund in accordance with Sections 97(3) and 97(4) and 98(5) and 98(4) of the Local Government Finance Act 1988. This is the RSG, NNDR grant payable plus/minus collection fund surplus/deficit for Council Tax]

(e) £ 1,162.43 being the amount at 6(c) above less the amount at 6(d) divided by the amount at 5(a) above, calculated in accordance with Section 33(1) of the Act, as the basic amount of Council Tax for the year.

[This is the average Council tax including Bath and North East Somerset and parish precepts]

(f) £ 1,875,794 being the aggregate amount of all special items referred to in Section 34(1) of the Act.

[This is the total of parish precepts]

(g) £1,132.88 being the amount at 6(e) above less the result given by dividing the amount at 6(f) above by the amount at 5 (a) above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates.

[This is the Bath and North East Somerset Council Tax only excluding parish precepts]

(h) The amounts given by adding to the amount at 6(g) above the amounts of special items or items relating to dwellings in those parts of the Council's area mentioned in Annex (1) divided in each case by the amount at 5 (b) above, calculated by the Council, in accordance with section 34(3) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which one or more special items relate are given at Appendix 1 Annex (2) to these minutes.

[Annex (2) gives parish precepts and the Band D Council tax for the parish precept]

(i) The amounts given by multiplying the amounts at 6(g) and 6(h) above by the number which, in the proportion set out in Section 7(1) of the Act, is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation band D, calculated by the Council, in accordance with Section 36(1) of the Act, as the amounts to be taken into account for the year in respect of categories of dwellings listed in different valuation bands are given in Appendix 1 Annex (3) to these minutes.

[Annex (3) shows the Bath and North East Somerset Council and Parish Council Tax for all bands.]

Precepting Authorities

(24) That it be noted that for the year 2008/09 Avon and Somerset Police Authority met on 14 February 2008 to determine the amount in precepts issued to the Council in accordance with Section 40 of the Local Government Finance Act 1992, for each of the categories of the dwellings shown below:-

(25) Avon and Somerset Police Authority Valuation Bands

(26) That it be noted that for the year 2008/09 Avon Fire Authority met on 15 February 2008 to determine the amounts in precepts issued to the Council in accordance with Section 40 of the Local Government Finance Act 1992, for each of the categories of the dwellings shown below:-

(27) Avon Fire Authority Valuation Bands

(28) That, having calculated the aggregate in each case of the amounts 8, 10 and 6(i) above, the Council, in accordance with Section 30(2) of the Local Government Finance Act 1992 hereby sets the following amounts as the amounts of Council Tax for the 2008/09 financial year for each of the categories of dwellings shown, as listed in Appendix 1 Annex (4) to these minutes.

(29) On average (for a Band D, 2 adult household) the Council Tax for 2008/09 will be as follows:

(Notes: 1. The above motion which was carried 34 voting in favour, 29 voting against and with no Members abstaining from voting. 2. An amendment was moved on behalf of the Liberal Democrat Group by Councillor Paul Crossley seconded by Councillor Tim Ball to - reallocate the contribution to the West of England incinerator bid to other waste initiatives; adjust service cash limits to take account of increased income from the bus gate and use that to reverse disabled parking charges, improve traffic signage, restore frontline youth work and allocate grants to various community groups; use reserves to phase increased charges for services to older people over 3 years. That amendment was not carried. 3. Councillor Nicholas Coombes requested that his view be recorded that the funds for the Local Member Initiative should be allocated to Ward Councillors on the basis of need and deprivation indices not equal amounts for all Wards as proposed in the Cabinet Budget proposal.)

55 THE POST OFFICE NETWORK CHANGE PROGRAMME (Report 11).

On a motion from Councillor Nigel Roberts seconded by Councillor Martin Veal it was RESOLVED that this Council:

(1) Notes with concern the Government announcement on 17th May 2007 to close one in five Post Office branches in the UK which could equate to 8 closures across Bath and North East Somerset.

(2) Notes that the Post Office Ltd six week consultation period on closures in Bristol and Somerset is due to begin on 26th February 2008.

(3) Believes that people in Bath and North East Somerset value the role of the local Post Office in their community and do not wish to see the closure of any more Post Offices in the area.

(4) Believes that Post Offices are of particular social benefit where they anchor shops in rural communities and local high streets, and that Post Office closures may mean the loss of a shop in a local community.

(5) Believes that preservation of local services such as Post Offices will be increasingly important given the amount of new house-building planned for the district in the next few years.

Council Resolves:

(6) To oppose the Post Office closure programme and respond to the consultation accordingly.

(7) To contact local Members of Parliament to ask for their support in this matter and elicit their views on the network change programme.

(8) That the Enterprise and Economic Development Overview and Scrutiny Panel should examine the question of access to Post Office services, taking particular account of: the needs of older people, disabled people and parents of young children; the environmental impact of residents having to travel to reach a Post Office; the potential effects on communities of Post Office closures, such as knock-on effects on local shops.

(Note: An amendment to the above resolution was moved by Councillor John Bull and seconded by Councillor Eleanor Jackson on behalf of the Labour Group to replace paragraph (6) above with a proposal to support the continuation of Post Offices where they have public support. That amendment was not carried.)

56 BOTTLED WATER (Report 12).

On a motion from Councillor Sarah Bevan seconded by Councillor David Speirs it was RESOLVED that the Council:

(1) Notes that tap water in Bath and North East Somerset is safe to drink.

(2) Notes that shipping bottled water increases carbon emissions and creates billions of glass and plastic bottles, which then require recycling or end up in landfill.

(3) Notes that bottled water is unnecessary, tap water can be easily filtered, chilled and put into reusable containers, reducing waste, saving money and cutting carbon emissions;

Council resolves:

(4) To stop the use of bottled water in Bath and North East Somerset Council offices, and at Council meetings.

(5) To replace bottled water coolers in Bath and North East Somerset Council offices with water fountains where and when this option is both practical and financially viable.

(6) Where it is not practical or financially viable to install water fountains in Council offices the Authority should supply water coolers which can be refilled with tap water or, as a last option, which are stocked by a supplier where all or part of the supplier's profits contribute to clean water projects in the developing world (for example: Frank Water or Aquaid).

(7) To stop the use of disposable cups in Bath and North East Somerset Council offices, and at Council meetings.

(8) That the Leader of the Council will champion this, and work with the Council's Sustainability Manager and Facilities teams to make sure this happens as soon as is practicable.

(Note: An amendment was moved by Councillor Malcolm Hanney seconded by Councillor David Hawkins to defer implementing the measures in paragraphs (5), (6) and (7) above until further consideration had been given by the Chief Executive in consultation with the Leader of the Council to the cost and impact of the changes proposed and to enable consultation with staff to be carried out before a report was submitted to Full Council. That amendment was not carried.)

57 DESIGNATION OF STRATEGIC DIRECTOR RESOURCES AND SUPPORT SERVICES AS CHIEF FINANCIAL OFFICER (Report 13).

The Council considered a report on the designation of the recently-appointed Strategic Director of Resources and Support Services as the Council`s Chief Financial Officer (Section 151).

On a motion from Councillor Malcolm Hanney seconded by Councillor Paul Crossley it was RESOLVED that the Council designates the post of Strategic Director of Resources and Support Services as the Council's Chief Financial Officer in accordance with Section 151 of the Local Government Act 1972 with effect from 31st March 2008.

58 GAMBLING ACT 2005 - DELEGATION OF FUNCTIONS (Report 14).

The Council considered a report on Regulations made under the Gambling Act 2005 and now in force which require certain functions to be delegated to an officer of the Council.

On a motion from Councillor Tim Warren seconded by Councillor Tim Ball it was RESOLVED that the Council approves the delegation of the functions set out below to the appropriate Officers as recommended in the report and that these be added to the Table of Delegations in the Council's Statement of Principles:

(a) Occasional use notices -a person who accepts bets on a track, or who causes or permits premises to be used for the acceptance of bets, does not need a premises licence under the Act, provided that they notify the licensing authority by following a certain procedure. No more than eight occasional use notices can be issued to a track in any one calendar year.

(b) Designation of "authorised person", i.e. an officer of the licensing authority where the premises in question are situated in the local authority's area and the officer is designated, by the authority, as an authorised person. Such officers require authorisation to carry out various powers of inspection and investigation under the Act.

(c) Duty to comply with a requirement to provide information to the Gambling Commission.

(d) Functions related to the exchange of information.

(e) Power to exchange information between various persons/bodies listed in the Act for the exercise of any function under the Act.

(f) Power to initiate criminal proceedings.

(g) Power to make orders disapplying exempt gaming and the automatic entitlement to gaming machines in relation to specified premises.

(h) Functions relating to the registration and regulation of small society lotteries, which are the responsibility of the local authority, rather than the licensing authority.

59 PROPOSED DISPOSAL OF FLAT 1, SECOND FLOOR, 5/6 HOT BATH STREET, BATH (Report 15).

The Council considered a report which recommended that application be made to the Secretary of State to enable this residential unit currently held for Housing Act purposes to be disposed of on the open market.

On a motion from Councillor Malcolm Hanney seconded by Councillor Francine Haeberling it was RESOLVED that the Council agrees that an application be made to the Secretary of State for consent to dispose of the interest in the property at Flat 1, Second Floor, 5/6 Hot Bath Street, Bath.

60 PETITIONS, STATEMENTS, DEPUTATIONS AND QUESTIONS FROM COUNCILLORS

There were nine questions from Members of the Council as listed in Appendix 2 to these minutes. The questions asked and answers given at the meeting are held on file in the minute book and published on the Council's website.

The meeting ended at 9.33pm

Chair(person) .............................................................................................

Date Confirmed and Signed ...........................................................................

Prepared by Democratic Services