Please Contact: Emma Denny Please email: emma.denny@north-norfolk.gov.uk Please Direct Dial on: 01263 516010 22nd October 2015 A meeting of the Cabinet of North Norfolk District Council will be held in the Council Chamber at the Council Offices, Holt Road, Cromer on Monday 2nd November 2015 at 10.00am Members of the public who wish to ask a question or speak on an agenda item are requested to arrive at least 15 minutes before the start of the meeting. It will not always be possible to accommodate requests after that time. This is to allow time for the Committee Chair to rearrange the order of items on the agenda for the convenience of members of the public. Further information on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263 516010, Email: democraticservices@north-norfolk.gov.uk Anyone attending this meeting may take photographs, film or audio-record the proceedings and report on the meeting. Anyone wishing to do so should inform the Chairman. If you are a member of the public and you wish to speak on an item on the agenda, please be aware that you may be filmed or photographed. Sheila Oxtoby Chief Executive To: Mrs S Arnold, Mr N Dixon, Mr T FitzPatrick, Mrs A Fitch-Tillett, Mr W Northam, Mrs J Oliver, Miss B Palmer, Mr J Rest, All other Members of the Council for information. Members of the Management Team, appropriate Officers, Press and Public. If you have any special requirements in order to attend this meeting, please let us know in advance If you would like any document in large print, audio, Braille, alternative format or in a different language please contact us Chief Executive: Sheila Oxtoby Corporate Directors: Nick Baker & Steve Blatch Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005 Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org AGENDA 1. TO RECEIVE APOLOGIES FOR ABSENCE 2. MINUTES (page 1) To approve, as a correct record, the minutes of the meeting of the Cabinet held on 5th October 2015. 3. PUBLIC QUESTIONS To receive questions from the public, if any. 4. ITEMS OF URGENT BUSINESS To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972. 5. DECLARATIONS OF INTEREST Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest. 6. MEMBERS QUESTIONS To receive oral questions from Members, if any. 7. CONSIDERATION OF ANY MATTER REFERRED TO THE CABINET BY THE OVERVIEW AND SCRUTINY COMMITTEE OR COUNCIL FOR RECONSIDERATION To consider matters referred to the Cabinet (whether by the Overview and Scrutiny Committee or by the Council) for reconsideration by the Cabinet in accordance with the provisions within the Overview and Scrutiny Procedure Rules or the Budget and Policy Framework Procedure Rules. 8. CONSIDERATION OF REPORTS FROM THE OVERVIEW AND SCRUTINY COMMITTEE To consider any reports from the Overview and Scrutiny Committee, which may be presented by the Chairman of the Overview and Scrutiny Committee, and determination of any appropriate course of action on the issues so raised for report back to that committee 9. BUDGET MONITORING REPORT 2015/16 – PERIOD 6 (page 7) (Appendix A – p.14 ) (Appendix B – p.15 ) (Appendix C – p.18 ) Summary: This report summarises the budget monitoring position for the revenue account and capital programme to the end of September 2015. Options considered: Not applicable Conclusions: The overall position at the end of September 2015 shows an under spend of £541,614 to date for the current financial year on the revenue account, this is currently expected to deliver a full year variance of £126,000. Recommendations: It is recommended that: 1) Cabinet note the contents of the report and the current budget monitoring position; Cabinet Decision Reasons for Recommendations: Cabinet member(s): Ward member(s) Contact Officer Telephone Email 10. To update Members on the current budget monitoring position for the Council. Councillor W Northam All Karen Sly 01263 516243 karen.sly@north-norfolk.gov.uk HALF YEARLY TREASURY MANAGEMENT REPORT FOR 2015/16 (Page 24) (Appendix D – p.29) (Appendix E – p.32) Summary: This report provides information on the Treasury Management activities undertaken in the first six months of 2015/16. Options considered: It is a requirement of the Chartered Institute of Public Finance & Accountancy’s (CIPFA) Code of Practice for Treasury Management that this mid-year review is prepared and presented to Full Council. Conclusions: That the treasury activities for the half-year have been carried out in accordance with the CIPFA Code and the Council’s Treasury Strategy. Recommendations: That the Council be asked to RESOLVE that the Half Yearly Treasury Management Report for 2015/16 is approved. Council Decision Reasons for Recommendations: The recommendation is being made in compliance with the CIPFA Code. LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on to write the report and which do not contain exempt information) Arlingclose Report Template – Semi-Annual Treasury Report 2015/16 Cabinet member(s): Ward member(s) Contact Officer Telephone Email 11. Councillor W Northam All Tony Brown 01263 516126 tony.brown@north-norfolk.gov.uk INFORMATION AND ADVICE SERVICE (page 34 ) (Appendix F – p.43 ) (Appendix G – p.47 ) (Appendix H– p.49 ) Summary: In January 2015 Cabinet resolved to accept the following recommendations from the Overview and Scrutiny Committee meeting held on 10th December 2014: Citizens Advice Bureau Provision in North Norfolk 1. To investigate commissioning generic or specific advice and support services on the basis of an analysis of needs. A service specification would then be identified whereby any suitably qualified organisation which could include existing Citizens Advice Bureaux but also other voluntary and community groups or statutory organisations could be invited to submit a proposal to deliver services in North Norfolk. Where appropriate, this would include working collaboratively with Norfolk County Council and other District Councils in the County. • • • • Conclusions: This report provides an update to Cabinet on the: Collaborative working that has been undertaken with Norfolk County Council and other District Councils in Norfolk. The process followed to seek proposals to commission a generic information and advice service in North Norfolk The proposals received for the delivery of an Information and Advice Service in North Norfolk. The outcome of the commissioning process and makes a recommendation for the appointment of a new three year generalist Information and Advice service Collaborative working has resulted in greater understanding of the issues and needs of North Norfolk residents in respect of information and advice as well as the benefits of a jointly commissioned Information and Advice Service in North Norfolk. Through the commissioning process and at no additional financial cost to NNDC a proposal has been received for the provision of a quality assured, generic Information and Advice Service with improved stakeholder engagement, co-ordination and accountability as well as an expansion and increase in how, where and when Information and Advice services are delivered. The provision of an Information and Advices Service will also contribute towards the achievement of North Norfolk District Council’s (NNDC’s) Corporate Plan 2015 – 2019 Health and Wellbeing Priority - “providing support and advice to people who are vulnerable and / or struggling with issues which are negatively impacting on their lives”. Recommendations: Cabinet Decision It is recommended that Cabinet: 1. Agree that North Norfolk District Council enters into a three year partnership agreement with Norfolk County Council to enable the pooling of North Norfolk District Council and Norfolk County Council budgets for information and advice services for the three year period starting January 2016. The pooled fund to be used to fund the provision of a new three year Information and Advice Service for North Norfolk at a combined annual cost of £109,000 (NNDC £66,323 NCC £42,677) in accordance with recommendations 2 and 3. 2. Agree that subject to the agreement of a satisfactory contract terms incorporating quality and service monitoring arrangements and the inclusion of break clauses and an appropriate partnership agreement between Mid Norfolk Citizens Advice and Norfolk Citizens Advice that North Norfolk District Council and Mid Norfolk Citizens Advice enter into a three year contract for Mid Norfolk Citizens Advice to provide a generalist Information and Advice Service for the North Norfolk District Council area at an annual cost not exceeding £109,000 3. Delegate authority to the Head of Economic and Community Development in consultation with the Portfolio Holder for Health and Wellbeing to negotiate and settle with Mid Norfolk Citizens Advice satisfactory contract terms. 4. Agree that North Norfolk District Council Overview and Scrutiny Committee will receive a report every six months on the outcome of the contract monitoring and performance review meetings. Cabinet member(s): Ward member(s) Contact Officer, telephone and e-mail: 12. Councillor B Palmer All Sonia Shuter 01263 516173 sonia.shuter@north-norfolk.gov.uk PARTNERSHIP OF MARITIME AUTHORITIES IN NORFOLK AND SUFFOLK (page 63) Summary: NNDC’s Coastal Management team provides an effective and efficient service both in the implementation of coast protection schemes of works and in the development of innovative approaches to coastal change management. Sustaining that for the future depends upon the availability of financial resources but also on the recruitment and retention of suitably qualified and experienced staff. The Coastal Management Teams working within the Norfolk and Suffolk Maritime Local Authorities (MLAs) share the same pressures caused by accelerating coastal change, constrained funding and limited staff resource. In February/ March 2015, North Norfolk District Council, Great Yarmouth Borough Council (GYBC), Suffolk Coastal District Council and Waveney District Council Cabinets resolved to develop a suitable partnership model to address these shared issues and sustain the high levels of service in the future. Following the exploration of various partnership models in consultation with a wide range of internal and external stakeholders, this report recommends a joint Norfolk and Suffolk Coastal Management shared services team. This team would work as an equitable partnership, overseen by a formal governance structure. This would enable resources to be managed more effectively and with a higher degree of efficiency, resulting in more positive, sustainable outcomes for our communities in the long term. Options considered: Conclusions: The principle of developing a case for a ‘coastal management partnership’ was agreed by Cabinet in march 2015; different business models of how this can be achieved have been evaluated and the proposed model has been compared with the options of carrying on as is (‘do nothing’) or ‘doing less’. A new approach is required in order to ensure an efficient, resilient and sustainable Coastal Management service continues to be delivered in Norfolk and Suffolk. Developing an appropriate new partnership structure, with the right governance arrangements in place, will not only help make best use of the existing resource, skills and expertise but create a platform to maintain the high calibre of staff and increase the effectiveness of the Coastal Management Service. Developing the capacity and expertise locally will enable informed decisions to be made about managing the coastline and provide better opportunities to access funding and support for coastal management schemes, projects and approaches. Recommendations: Cabinet Decision 1. That a Norfolk & Suffolk Coastal Management Team be established in partnership between North Norfolk District Council, Great Yarmouth Borough Council, Suffolk Coastal District Council and Waveney District Council. 2. That a Councillor Partnership Board and Operational Officer Group be created respectively to oversee and manage the work of the Norfolk & Suffolk Coastal Management Team. 3. That should secondment of staff be required that is arranged under Section 113 of the Local Government Act 1972. 4. That the initial decision on the delivery of support services for the partnership be delegated to the Chief Executive, in consultation with the relevant Cabinet Members. 5. That the detailed terms of the relevant Agreement and protocols, including the secondment of staff under Section 113 of the Local Government Act 1972 be delegated to the Chief Executive Officer, in consultation with the relevant Cabinet Members. Reasons for Recommendations: Cabinet Member: Ward member(s) Contact Officer Telephone Email 13. To plan for an effective and sustainable way of continuing to deliver a robust coastal management service for North Norfolk and the other partner authorities. Councillor A Fitch-Tillett All Rob Young 01263 516162 robert.young@north-norfolk.gov.uk REVIEW OF GAMBLING POLICY (page 70) (Policy document – p.73) Please note: The draft gambling policy is attached to the report, it was necessary to keep the track changes highlighted so that these changes were apparent. The document has been published in this format on the North Norfolk District Website for the consultation period to enable those consulted to make comments on those changes. Summary: To seek Cabinet approval of the Council’s draft Gambling Licensing Policy (Statement of Principles) Options considered: In accordance with the requirements of the Gambling Act 2005 the Licensing Authority is required to publish a statement of policy every successive three year period Conclusions: Once the Cabinet formally approve the Policy and any written comments received during the consultation period have been considered it will be submitted to full Council for adoption whereupon the Policy will be advertised and duly published in line with Regulations. Council Decision Recommendations: To recommend the draft policy to Full Council for adoption. Reasons for Recommendations: In accordance with the requirements of the Gambling Act 2005 the Licensing Authority is required to publish a statement of policy every successive three year period from the first appointed day, namely 31 January 2007. The Policy is now due to be revised to cover the next successive 3-year period from 31 January 2013 to 31 January 2016. LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere) Gambling Act 2005 Draft – Gambling Licensing Policy (Statement of Principles) Responses to consultation (none received at time of writing report) Cabinet Member: Ward member(s) Contact Officer Telephone Email 14. Councillor J Oliver All Gemma Faircloth 01263 516139 gemma.faircloth@north-norfolk.gov.uk EXCLUSION OF PRESS AND PUBLIC To pass the following resolution: “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 they involve the likely disclosure of exempt information as defined in paragraphs _ of Part I of Schedule 12A (as amended) to the Act.” 15. PRIVATE BUSINESS Agenda Item 2__ CABINET Minutes of the meeting of the Cabinet held on Monday 05 October 2015 at the Council Offices, Holt Road, Cromer at 10.00am. Mrs S Arnold Miss B Palmer Mr N Dixon Mrs A Fitch-Tillett Members Present: Also attending: Mrs A Claussen-Reynolds Mr V FitzPatrick Mrs P Grove-Jones Mr P W High Mr N Pearce Officers in Attendance: 48. Mr T FitzPatrick (Chairman) Mrs J Oliver Mr J Rest Mrs M Prior Mr R Reynolds Mr R Shepherd Mr N Smith The Chief Executive, the Corporate Directors, the Head of Finance, the Head of Business Transformation and IT, the Leisure and Cultural Services Manager and the Democratic Services Team Leader APOLOGIES FOR ABSENCE Mr N Northam 49. MINUTES The minutes of the meeting held on 7th September 2015 were approved as a correct record and signed by the Chairman 50. PUBLIC QUESTIONS Mr I Ponton asked a question regarding Agenda Item 12: North Norfolk Leisure Facilities Strategy. Mr Ponton asked Cabinet to consider including a new build option for a pool in Fakenham. He explained that this option had been included in the overall strategy document but not within the recommendations in the executive summary. Mr Ponton said that both pools in Fakenham were now closed and that the strategy document strongly identified Fakenham as an area for swimming facilities. He went onto say that the viability of re-opening the Academy pool needed to be questioned. The Splash Pool at Sheringham had two alternatives listed within the recommendations and was listed as a short-term rating, whilst Fakenham had a medium term rating. Cabinet 1 05 October 2015 Therefore a request was being made to include a new build option within the recommendations together with a short-term rating. The Leader said that these issues would be dealt with under Agenda item 12. 51. ITEMS OF URGENT BUSINESS The Leader informed members that due to tight timescales the contract award for the Council’s insurance provision was taken under delegated powers. There had been a joint procurement exercise between NNDC, Great Yarmouth Borough Council and South Norfolk District Council and the contract had been awarded to Zurich Municipal for a period of three years. The new arrangements needed to be in place for 1 October 2015 and the Leader confirmed that this was now the case. 52. DECLARATIONS OF INTEREST None 53. MEMBER QUESTIONS The Leader confirmed that Members could ask questions as each item arose. 54. CONSIDERATION OF ANY MATTER REFERRED TO THE CABINET BY THE OVERVIEW AND SCRUTINY COMMITTEE OR COUNCIL FOR RECONSIDERATION None 55. CONSIDERATION OF REPORTS FROM THE OVERVIEW AND SCRUTINY COMMITTEE None 56. CONSULTANCY TO SUPPORT THE IMPLEMENTATION OF A COUNCIL-WIDE DOCUMENT AND RECORDS MANAGEMENT SYSTEM The Leader, Mr T FitzPatrick, introduced this item. He said that the document management system (DMS) was a critical component of the Digital Transformation and Business Efficiency Programme and early successful implementation was essential. Undertaking a pilot project, followed by a phased rollout across the Council was the best way of ensuring rapid delivery without incurring excessive costs. It was proposed by Mr T FitzPatrick, seconded by Mrs J Oliver and RESOLVED To authorise the Corporate Director (NB) to procure a Document Management System, initially through a pilot, followed by the Council-wide rollout. That, the £60,000 cost is funded from the previously identified Business Efficiency and Digital Transformation budget. Reasons for the decision: The approach of engaging third party expertise to assist existing council staff to deploy a pilot project followed by a separate wider rollout is assessed a being the Cabinet 2 05 October 2015 most appropriate to ensure rapid delivery of essential technology whilst retaining control of future costs. 57. CONSULTANCY TO SUPPORT THE IMPLEMENTATION OF A WEB CONTENT MANAGEMENT SYSTEM The Leader, Mr T FitzPatrick, introduced this item. He explained that the Business Efficiency and Digital Transformation Programme included a work-stream to improve web technology. In order to deliver against this work-stream, a request was being made to release previously identified funding to support the provision of third party expertise for the deployment and configuration of a content management system for the Council’s web site which would make it easier for residents, businesses and customers to interact via the NNDC website using a variety of mobile devices. It was proposed by Mr T FitzPatrick, seconded by Mr J Rest and RESOLVED To approve the release of £44,000 of capital funding, previously identified in the Business Efficiency and Digital Transformation Programme, to allow officers to procure third party support to deploy a content management system for the Council’s web site using the Council’s procurement processes. The project to be complete by February 2016. Reasons for the decision: The approach of engaging third party expertise to assist council staff to deploy and implement a responsive web site supports the rapid delivery of the council’s Business Efficiency and Digital Transformation Programme. 58. DRAFT CENTRAL NORFOLK STRATEGIC HOUSING MARKET ASSESSMENT Mrs S Arnold, Portfolio Holder for Planning introduced this item. She explained that the Assessment sought to quantify the amount of new homes that would be required in the area between 2012 and 2036 and comprised one of the evidence documents that would be used to prepare policies for the new Local Plan. It was proposed by Mrs S Arnold, seconded by Mr J Rest and RESOLVED to Notes the contents of the Assessment, accepts it as evidence to inform the preparation of the Local Plan and other policies and authorises publication. Reasons for the decision: The Assessment has been prepared in accordance with best practice and is a robust assessment of future housing need and demand which will be used to prepare the Local Plan. 59. NORTH NORFOLK INDOOR LEISURE FACILITIES STRATEGY Miss B Palmer, Portfolio Holder for Leisure introduced this item. She explained that the report made a number of recommendations which provided the Council and other providers and operators of leisure facilities across the District with options as to future investment needs and opportunities in the provision of new indoor sports and Cabinet 3 05 October 2015 leisure facilities. The Strategy document also provided an audit of existing indoor leisure facilities and Miss Palmer said that she was pleased to see that there was a good spread of facilities across the District and that the reach was also very good. In response to the points raised by the public speaker, Mr Ponton, Miss Palmer acknowledged that there were a number of issues regarding swimming facilities in Fakenham. She said that she fully supported the aspirations of the local community but that a mix of funding would be required to achieve them, She concluded by saying that the Council would take the consultants recommendations into account when going forward with the strategy. In seconding the proposal, the Deputy Leader, Mrs A Fitch-Tillett said that she completely endorsed the recommendations. Sports and leisure was vital for the health and wellbeing of the District, although it should be borne in mind that it was not a statutory obligation. The Leader invited Members to ask questions: 1. Mr R Reynolds said that he was pleased to see two of his fellow ward members in attendance and that he was very supportive of their efforts. He said that the reopening of the Fakenham Academy pool was an important consideration. New build was also an option but it should be sustainable. 2. Mr N Dixon said that he welcomed the reference to mixed economy in terms of the provision of facilities. He added that it was also important to look outside the District to ensure that all possible resources were harnessed. 3. Mrs P Grove-Jones spoke about her ward, Stalham. She said that she had met with the consultant some time ago and pointed out that a large proportion of leisure activities were supported by volunteers. She also referred to the Dual Use Sports Centre (DUSC) in Stalham where the provision for the public was very limited as the school took priority and often cancelled bookings if they required the facilities. The Leader replied that this would be looked into as it was important that the provision was right for the town. Before moving to the recommendations, the Leader asked Mr Ponton if he wished to respond to any of the comments. Mr Ponton said that it was still not clear that whether the points that he made earlier were being taken on board and in particular whether the new build option for a pool for Fakenham was a possibility. Miss B Palmer replied that the new build option was one of a number of options being considered. The Leader said that this was not the final strategy document and that it would be used to inform the strategy going forward. He said that the recommendations had been revised to reflect this: It was proposed by Miss B Palmer, seconded by Mrs A Fitch-Tillett and RESOLVED to 1. Note the submission of the report by Neil Allen Associates and to take their views into account when formulating the Council’s way forward for the future with regard to sports and leisure 2. To task the Corporate Director (SB), working under direction from the Portfolio Holder to identify and agree the relevant project work streams required to produce an indoor leisure facilities strategy. Reasons for the decision: Cabinet 4 05 October 2015 Sound management of the Council’s sports and leisure assets; co-ordination and promotion of existing indoor sports facilities to ensure value for money provision and good levels of participation in sport given the demographic profile of the district and in support of the Council’s corporate objective in promoting sport and wellbeing; inform future investment decisions regarding the provision and operation of new indoor sports facilities in the district over the next twenty years. 60. COMPULSORY PURCHASE OF THE FORMER SHANNOCKS HOTEL, SHERINGHAM The Portfolio Holder for Legal Services, Mrs J Oliver, introduced this item. She explained that the report made the case for the compulsory purchase of the Shannocks Hotel site in Sheringham, which despite the efforts of the Council was in a very dilapidated condition. Mrs Oliver went onto say that various methods of improving the property had been explored to no avail. The owners continued to show no willingness to bring the property back into use and only a very limited willingness to improve it. It was a huge concern to local residents as it was a blight on the seafront. Mr N Dixon, on seconding the proposal, said that the property was a blot on the landscape that needed to be addressed. It was hoped that the Council would not need to resort to a compulsory purchase order as it was not an action that should be undertaken lightly. The Leader invited Members to speak: 1. Mr R Shepherd, Local member for Sheringham South said that he had been fighting this issue since 2013. The Council’s Enforcement Board had worked very hard to tackle the problem and he welcomed the commitment to compulsory purchase the property. 2. Mrs P Grove-Jones asked why the owners had refused to engage with the Council at all. The Corporate Director (NB) replied that the Council had tried to engage with the owner several times and had even given them an extended timeline to complete works to the property but they had still not complied. It was proposed by Mrs J Oliver, seconded by Mr N Dixon and RESOLVED: 1. That subject to point 5 below the Corporate Director (NB), after discussion with 2. 3. 4. 5. Cabinet the s151 Officer and the Portfolio members for Planning, Property and Assets and Legal Services, is delegated the power to conclude an agreement with the owners of the former Shannocks Hotel, Sheringham, to sell the property to the Council, stating clear timescales for the owners to respond and to complete the sale. If no such agreement is reached, that the Corporate Director (NB), is instructed to proceed to make an application for a Compulsory Purchase Order on the property and to take all necessary or desirable steps to achieve that. That following acquisition, the Corporate Director (NB), will bring a further report back to Cabinet for a decision regarding options for redevelopment That, the purchase cost and CPO fees will be funded from capital resources from which virement of the necessary funds is authorised. The purchase price will not exceed independent valuation and the CPO on costs at the upper limit identified in the report. 5 05 October 2015 Reasons for the decision: 1. There is an expectation by the Secretary of State that Councils will seek to reach voluntary agreement on purchase prior to a Compulsory Purchase being authorised. 2. To enable the property to be acquired for redevelopment or bringing back into use, thus removing this long-term empty property which is presently causing blight in the local area. 3. To enable Cabinet to make an informed decision on the future use of the property. 4. To make the necessary financial provision for purchase 5. To ensure CPO remains a cost effective option. The Meeting closed at 10.30 am _______________ Chairman Cabinet 6 05 October 2015 Agenda Item No______9______ BUDGET MONITORING REPORT 2015/16 – PERIOD 6 Summary: This report summarises the budget monitoring position for the revenue account and capital programme to the end of September 2015. Options considered: Not applicable Conclusions: The overall position at the end of September 2015 shows an under spend of £541,614 to date for the current financial year on the revenue account, this is currently expected to deliver a full year variance of £126,000. Recommendations: It is recommended that: 1) Cabinet note the contents of the report and the current budget monitoring position; Reasons for Recommendations: To update Members on the current budget monitoring position for the Council. LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on the write the report and which do not contain exempt information) System budget monitoring reports Cabinet Member(s) Ward(s) affected Cllr Wyndham Northam Contact Officer, telephone number and email: Karen Sly, 01263 516243, Karen.sly@north-norfolk.gov.uk 1. Introduction 1.1. This report compares the actual expenditure and income position at the end of September 2015 to the Updated budget for 2015/16. The Original Base Budget as agreed by Full Council in February 2015 has been updated for inyear virements and roll forwards from previous periods. 1.2 The base budget for 2015/16 included savings and additional income totalling £222,000 to be delivered in the year. Section 3.1 of this report includes the latest position on both of these areas 2. Budget Monitoring Position – Revenue Services 7 2.1 The General Fund Summary at Appendix A shows the high level budget monitoring position at 30 September 2015 which shows a year to date variance of £541,641 underspend. Of the underspend against the profiled budget, £506,811 is in relation to the service variances and £40,550 is in relation to the treasury management position. Details of these variances are included within sections 2.3 and 2.7 respectively in the report. Appendix B provides further details of the individual service variances. 2.2 Variances are reported against the updated budget in Appendix A. Any budgets and reserves affected will be updated accordingly. 2.3 The following table shows the over/under spend to date for the more significant variances this is compared to the updated budget. Table 1 – Service Variances Over/ (Under) Spend to Date against Updated Budget £ Assets and Leisure Car Parking – The favourable variance to the end of period 6 largely reflects income from pay and display ticket sales above the profiled budget. Although the full year effect of the additional income is likely to be reduced by the reduction in excess charge notices. As this service is demand led and seasonally influenced the level of income will continue to be closely monitored. For the current time a full year variance of £30,000 is currently forecast. Estimated Full Year Variance Against Updated Budget £ (75,266) (30,000) Markets – The full year variance and variance to date is reflective of the current reduction in market fees. 2,692 5,000 Industrial Estates – The variance to date is mainly due to reduced rental following vacation of premises during the year. 18,073 5,000 Investment Properties – The majority of the variance to date reflects a shortfall of income against the profiled budget, mainly in relation to the Grove Lane Depot and also where insurance claims are outstanding. Community, Economic Development and Coast Community and Localism – The variance reflects prior year grants which have been allocated but the funding has not yet been drawn down. Customer Services IT Support Services – Of the variance against the profiled budget to the end of period 6 £31,800 represents an underspend on employee expenditure due to vacant posts. No full year saving is currently anticipated as this funding will be required to support the digital transformation. Of the remaining variance £14,660 relates to an underspend on phone rentals. 37,763 25,000 (58,875) 0 (58,013) 0 8 Table 1 – Service Variances Over/ (Under) Spend to Date against Updated Budget £ (30,714) Estimated Full Year Variance Against Updated Budget £ 0 (60,998) 0 (50,839) (30,000) Benefits and Revenue Management – Employee savings due to a vacant post for which there is expected to be a full year saving. (39,108) (50,000) Corporate Finance – Employee savings due to a vacant post pending further review of options to fill the post. (27,444) (20,000) Corporate and Democratic Core – The variance to date includes some outstanding provisions from 2014/15 for which the invoices have not yet been received for the external audit. The full year effect is in relation to bank charges for the year. (25,010) 0 167,834 0 (65,056) (20,000) Media and Communications – The variance to date is made up of underspends on employees costs and also lease rentals for the reprographics equipment. Environmental Health Waste Collection and Disposal – The underspend to date is made up of a number of variances within the service against the profiled budget including, a vacant post which has recently been appointed to, a provision made in the 2014/15 accounts which was less than anticipated, additional fee income from garden, bulky and trade waste customers. The level of contamination within the recycling materials continues to be monitored to identify any in year financial implications. Financial Services Benefits – The variance to date is mainly due to employee vacancies within the team. Appointments to three posts have been recently made, although there will be a full year saving which has been reduced slightly by the use of overtime with the service. Organisational Development Registration Services – The variance to the end of period 6 reflects the costs of the May elections for which the claims for reimbursement at yet to be made. The deadline for the submission of the claims is not yet due and is currently anticipated that there will be a full recovery of costs as applicable. Planning Development Management – The favourable variance showing at the end of period 6 reflects income received compared to the profiled budget. To date additional income of £105,000 has been received above the profiled budget to the end of September. 9 Table 1 – Service Variances This has been offset by additional employee related costs for temporary staffing and agency. The overall position continues to be monitored, although it is currently anticipated that there will be a full year underspend in the service. and some of the income will be required for the service restructurings. Building Control – Of variance at the end of period 6, £12,400 is due to the trainee post being filled later in the year than budgeted. The remainder relates to income received above the level budgeted. Overall there is currently expected to be a full year favourable variance of £30,000 although this will be allocated to the earmarked reserve in line with the ring-fencing of surpluses for the service. Planning Support – The budget assumed a saving from previous years, this is not likely to be achieved in the year. Property Information – The budget allowed for the transfer of the land charges service to the Land Registry during the year. The timescales for the national project have now slipped for which there will be a resulting full year effect due to the service continuing to be provided by the District Council. This has resulted in income being received in the year above the budget which is expected to be £81,000 for the year. The remainder of the full year effect relates to a new burdens grant received in the year. TOTALS Over/ (Under) Spend to Date against Updated Budget £ Estimated Full Year Variance Against Updated Budget £ (30,017) 0 1,057 20,000 (91,457) (112,000) (385,378) (207,000) 3 Budget Monitoring Position – Savings and Additional Income 3.1 The budget for 2015/16 included savings and additional income totalling £222,000 within the service areas. The detail for each of the service savings is included at Appendix D. Table 2 below summaries the current position for each service heading. Table 2 – Savings and Additional Income 2015/16 Corporate Savings 2015/16 Base Budget £ 101,000 2015/16 Movement from the Base Budget at P6 101,000 0 2015/16 Updated Budget £ Finance 96,000 96,000 0 Environmental Health 25,000 25,000 0 222,000 222,000 0 Total 10 4 Non Service Variances Investment Interest – to Period 6 2015/16 4.1 The interest budget for 2015/16 anticipates that a total of £430,610 will be earned from treasury investments and loan interest from loans to Broadland Housing Association. Overall an average balance of £19.6m is assumed, at an average interest rate of 2.2%. 4.2 At the end of period 6, a total of £240,875 had been earned, resulting in a surplus against the year to date budget of £24,989. The rate of interest achieved was 1.58% from an average balance available for investment of £30.4m. 4.3 The loans to Broadland Housing Association were anticipated to be made early June but, as planning permission has not yet been granted, the loans have not yet been advanced. The budget assumed two loans would be made - £2.75m at 3.25% and £0.75m at 5%. The delay in making these loans has contributed to the lower rate of interest to date, and also the higher investment balance. 4.4 The LAMIT pooled property fund continues to perform well and a return of 3.0% has been assumed in the first 6 months of the year. Investment balances remain higher than budget. 4.5 The total return which will be achieved in the year depends on a number of factors including the timing of the loans to Broadland Housing Association and the performance of the recent investments in the pooled funds, and no change to the interest budget is being proposed at this stage. Investments opportunities and strategy have been considered with the Council’s Treasury advisers, Arlingclose, and further investments in covered bonds and under a Repurchase Agreement providing enhanced security are planned. Details of the treasury activity undertaken in the first 6 months of the year are included in the Treasury Management Half Yearly Report included on this Agenda. Retained Business Rates 4.6 The 2014/15 outturn position highlighted a favourable variance in relation to the local retention of business rates which allowed for a transfer to the earmarked reserve. The operation of the business rates retention scheme means that any deficit on the collection fund for business rates in the year would need to be taken account in future years when determining the shares of the business rates to be allocated (between the district, County and Central Government). The earmarked reserve is available to mitigate any significant in-year impact on the budget of surpluses and deficit to avoid significant fluctuations year on year. 4.7 The latest monitoring position for the current year is showing a reduction in the level of business rates income compared to the full year budget. This is largely due to a greater level of reliefs being granted for mandatory reliefs, which include small business rate relief and charitable occupation relief. Whilst the reduction in income due to reliefs is mitigated by a section 31 grant that is received in the year, the impact of the reduction in income collected will not influence the financial position until the following year. Furthermore the appeals provision has been increased to reflect the additional appeals in respect of GP health centres. These factors will all impact on the forecast levy for the year which will reduce resulting in a ‘underspend’ on the general fund in the year. 11 4.8 The culmination of these factors is currently forecast to give a net surplus compared to the budget for the current year, although it will be recommended that the surplus is transferred to the earmarked reserve to mitigate the implications and fluctuations in 2016/17 onwards. 5.1 Budget Monitoring Position – Summary 5.2 The following table provides a summary of the full year projections for the service areas along with an updated use of reserves figure where applicable. Table 3 - Summary of Full Year Effects 2015/16 Service Areas (Table 1) Treasury Management Transfer/Use of Reserves Total Estimated Movement From Original Base £ (207,000) 0 81,000 (126,000) 6 Budget Monitoring Position – Capital 6.1 Members were provided with an updated capital programme for both current and future years as part of the Period 4 Budget Monitoring report that was reported to Members in September 2015. Appendix # shows the latest position for the updated programme together with detail of spend up to Period 6 and comments on individual schemes where applicable. 6.2 The capital programme has been updated to reflect the additional £20,000 budget required to finance the landscaping works for the property in Market Street North Walsham, which was approved as part of the Period 4 Budget monitoring report. 6.3 In addition to this at the Cabinet meeting of the 5th October 2015, three further capital schemes were approved, of which two have now been included within the revised appendix. 6.4 A budget of £60,000 has been included for the Implementation of a council wide Document and Records Management System, to be funded from the budget previously identified in respect of Business Efficiency and Digital Transformation. A further £44,000 has also been released from this budget to finance the Implementation of a Web Content Management System. 6.5 The third scheme which received approval was the compulsory purchase of the former Shannocks Hotel in Sheringham. At the current time the purchase price is not yet known, and as such it is not possible to include this scheme within the capital budget appendix. Once the purchase cost and compulsory purchase fees have been determined, this scheme will be added to the current capital programme. 12 6.6 Further to these changes, one amendment has been made to the capital programme which is shown at appendix D. The budget for the Cromer Pier and West Prom Refurbishment Project has been reduced by the sum of £200,000 to reflect the fact that FLAG funding is no longer available to finance the scheme. Due to timing constraints associated with FLAG funding it is not possible to undertaken eligible works within the required timescales, and as such the scheme funding has been reduced accordingly. 7 Conclusion 7.1 The revenue budget is showing an estimated full year under spend for the current financial year of £126,000. The overall financial position continues to be closely monitored and it is anticipated that the overall budget for the current year will be achieved. 8 Financial Implications and Risks 8.1 The detail within section 2 of the report highlights the more significant variances including those that are estimated to result in a full year impact. 8.2 The Original base budget for 2015/16 included service savings and additional income totalling £222,000, these are still on target to be achieved. The progress in achieving these is being monitored as part of the overall budget monitoring process and where applicable corrective action will be identified and implemented to ensure the overall budget remains achievable. 8.3 The estimated outturn shown in Table 1 will continue to be monitored during the year and where applicable will be transferred to reserves. 9 Sustainability - None as a direct consequence from this report. 10 Equality and Diversity - None as a direct consequence from this report. 11 Section 17 Crime and Disorder considerations - None as a direct consequence from this report. 13 Appendix A General Fund Summary P6 2015/16 YTD Updated Budget £ YTD Actuals £ 2,229,553 0 5,732,713 612,761 3,867,714 3,053,550 978,221 1,461,866 737,615 71,690 862,348 282,412 944,888 1,877,705 504,956 701,480 689,414 83,430 769,166 175,353 871,689 1,718,369 662,437 506,424 (48,200) 11,740 (93,182) (107,059) (73,199) (159,336) 157,481 (195,056) 1,590,237 25,342 387,506 97,038 2,146,374 135,678 41,771 58,913 (50,098) (108,772) 4,576,042 340,370 849,651 1,199,503 274,013 896,528 Net Cost Of Services 17,936,378 5,983,094 5,476,282 (506,811) 4,482,859 7,977,237 Non Service Expenditure/Income Capital Charges Contributions To/From Reserves External Interest Paid Interest Receivable Precepts Of Parish Councils Retirement Benefits Revenue Financing For Capital Non Service Expenditure/Income (5,630,696) (1,048,374) (1,048,374) (698,980) 0 0 0 0 22 (426,390) (216,289) (256,861) 1,760,520 1,760,520 1,760,520 289,815 0 0 1,113,506 0 0 (3,592,225) 495,857 455,307 0 0 22 (40,572) (0) 0 0 (40,550) 0 (4,582,322) 0 (698,980) 0 (22) 0 (169,529) 0 0 0 289,815 0 1,113,506 0 (4,047,532) Income Central Government Grants Council Taxpayers (4,145,594) (2,411,082) (2,405,335) (10,189,059) (5,533,695) (5,533,695) 5,747 0 0 (1,740,259) 0 (5,334,853) Income (14,334,653) (7,944,777) (7,939,030) 5,747 0 (7,075,112) 9,500 (1,465,826) (2,007,441) (541,614) 4,482,859 (3,145,407) Name Net Cost Of Services Assets & Leisure Corporate Community and Economic Development Customer Services & ICT Environmental Health Finance Organisational Development Planning Surplus/Deficit Full Year Updated Budget £ 14 YTD Variance £ Commitme Remaining nts Budget £ £ Appendix B Service Area Summaries P6 2015/16 Assets & Leisure Cost Centre Car Parking Markets Industrial Estates Surveyors Allotments Handy Man Parklands Administration Buildings Svs Property Services Parks & Open Spaces Foreshore Community Centres Sports Centres Leisure Complexes Other Sports Recreation Grounds Pier Pavilion Foreshore (Community) Woodlands Management Cromer Pier Public Conveniences Investment Properties Leisure Cctv Total Assets & Leisure Full Year YTD Updated Updated Budget Budget £ £ (1,209,835) (986,483) 66,301 (3,539) (15,683) (5,252) 3,320 1,662 (5,223) 6,296 5,399 (17,549) 107,490 115,869 0 (3,885) 461,746 212,010 193,832 103,170 20,396 10,142 291,834 110,292 649,505 300,593 100,221 89,716 10,389 4,503 103,300 88,817 400,159 227,295 198,742 98,782 43,724 70,949 669,317 340,855 95,726 (5,253) 0 18 11,668 5,832 2,229,553 737,615 YTD Actuals YTD Variance Commitments Remaining Budget £ (1,061,749) (847) 12,821 1,940 7,391 (19,976) 124,551 8,436 211,997 83,073 10,498 107,363 287,822 93,262 4,074 86,975 225,963 103,172 35,232 324,782 37,763 (957) 5,832 £ (75,266) 2,692 18,073 278 1,095 (2,427) 8,682 12,321 (13) (20,097) 356 (2,929) (12,771) 3,546 (429) (1,842) (1,332) 4,390 (8,492) (16,073) 43,016 (975) 0 £ 278,201 16,146 3,302 0 0 1,047 141,801 17,039 234,229 8,255 376 119,907 169,255 32,407 4,904 135,147 157,837 68,014 8,102 165,719 25,018 3,532 0 £ (426,287) 51,003 (31,806) 1,380 (12,614) 24,328 (158,861) (25,475) 15,520 102,503 9,522 64,564 192,428 (25,448) 1,411 (118,822) 16,360 27,556 27,615 178,816 32,945 (2,574) 5,836 689,414 (48,200) 1,590,237 (50,098) Corporate Cost Centre Full Year Updated Budget £ YTD Updated Budget £ YTD Actuals YTD Variance Commitments Corporate Leadership Team Legal Services 0 0 0 71,690 £ (4,136) 87,566 £ (4,136) 15,876 Total Corporate 0 71,690 83,430 11,740 15 £ Remaining Budget £ 3,261 22,081 875 (109,647) 25,342 (108,772) Appendix B Community and Economic Development Cost Centre Health Arts & Entertainments Museums General Economic Development Tourism NNflag Project Coast Protection Pathfinder Regeneration Management Comm & Econ Dev Mgt Housing (Health & Wellbeing) Housing Strategy Community And Localism Coastal Management Total Community and Economic Development Full Year Updated Budget £ YTD Updated Budget £ YTD Actuals YTD Variance Commitments Remaining Budget 0 67,922 0 214,340 55,110 0 589,338 0 24 0 108,174 6,840 (179,400) 0 £ (11,061) 67,959 0 216,717 55,661 10,180 589,148 62 (11,076) 1,742 99,171 (1,828) (238,275) (9,235) £ (11,061) 37 0 2,377 551 10,180 (190) 62 (11,100) 1,742 (9,003) (8,668) (58,875) (9,235) £ 0 112,981 20,000 443,648 124,278 0 1,123,600 0 0 0 256,784 3,513,726 137,696 0 0 19,512 0 66,720 20,588 717 253,095 0 150 0 0 26,286 0 437 £ 11,061 25,510 20,000 160,211 48,029 (10,897) 281,357 (62) 10,926 (1,742) 157,613 3,489,268 375,971 8,798 5,732,713 862,348 769,166 (93,182) 387,506 4,576,042 Customer Services & ICT Cost Centre Full Year Updated Budget £ YTD Updated Budget YTD Actuals YTD Variance Commitments It - Support Services Tic'S Homelessness Customer Services Housing Graphical Info System Media & Communications Customer Services - Corporate 0 244,510 368,251 0 0 0 0 £ (28,504) 126,618 179,482 (1,428) 6,220 12 12 £ (86,517) 117,228 185,264 (9,131) 4,869 (30,702) (5,659) £ (58,013) (9,390) 5,782 (7,703) (1,351) (30,714) (5,671) Total Customer Services & ICT 612,761 282,412 175,353 (107,059) £ Remaining Budget £ 38,537 15,631 23,245 0 0 10,454 9,172 47,980 111,651 159,742 9,131 (4,869) 20,249 (3,513) 97,038 340,370 Environmental Health Cost Centre Commercial Services Rural Sewerage Schemes Travellers Public Protection Street Signage Pest Control Environmental Protection Dog Control Env Health - Service Mgmt Waste Collection And Disposal Cleansing Environmental Strategy Community Safety Civil Contingencies Total Environmental Health Full Year YTD Updated Updated Budget Budget £ £ 471,640 233,133 370,675 185,337 99,960 72,468 90,319 38,914 33,562 8,959 16,572 8,310 549,803 265,945 60,304 28,924 0 12 1,339,151 (246,084) 638,723 250,946 29,147 14,075 21,973 10,989 145,885 72,960 3,867,714 944,888 16 YTD Actuals YTD Variance Commitments £ £ Remaining Budget £ 232,517 182,949 72,936 35,499 7,504 7,688 262,543 27,585 (1,645) (307,083) 260,930 14,826 7,386 68,053 (616) (2,389) 468 (3,415) (1,455) (622) (3,402) (1,339) (1,657) (60,998) 9,984 751 (3,604) (4,908) 5,575 0 18,346 8,567 2,165 71 19,554 7,587 7,960 1,737,033 330,819 8,598 0 100 £ 233,548 187,727 8,677 46,252 23,893 8,813 267,706 25,132 (6,315) (90,799) 46,974 5,722 14,587 77,733 871,689 (73,199) 2,146,374 849,651 Appendix B Finance Cost Centre Local Taxation Benefits Discrectionary Payments Non Distributed Costs Benefits & Revenues Mgmt Corporate Finance Internal Audit Central Costs Corporate & Democratic Core Total Finance Full Year YTD Updated Updated Budget Budget £ £ 559,429 367,850 1,030,227 722,376 95,051 93,761 290 112,104 0 0 0 0 0 (31,998) 0 (2,736) 1,368,553 616,348 3,053,550 1,877,705 YTD Actuals YTD Variance Commitments £ 358,650 671,537 93,412 111,452 (39,108) (27,444) (41,882) 414 591,338 £ (9,200) (50,839) (349) (652) (39,108) (27,444) (9,884) 3,150 (25,010) 1,718,369 (159,336) £ Remaining Budget 18,369 8,431 0 0 0 6,311 74,434 0 28,133 £ 182,410 350,260 1,639 (111,162) 39,108 21,134 (32,552) (414) 749,082 135,678 1,199,503 Organisational Development Cost Centre Full Year Updated Budget £ YTD Updated Budget YTD Actuals YTD Variance Commitments £ Remaining Budget £ £ £ Human Resources & Payroll Insurance & Risk Management Policy & Performance Mgt Registration Services Members Services 0 0 0 433,722 544,499 2,624 (17,928) (12) 248,004 272,268 17,430 (35,329) (6,082) 415,838 270,580 14,806 (17,401) (6,070) 167,834 (1,688) 26,586 0 0 9,722 5,463 £ (44,015) 35,329 6,082 8,162 268,456 Total Organisational Development 978,221 504,956 662,437 157,481 41,771 274,013 Planning Cost Centre Development Management Planning Policy Conservation, Design & Landscape Major Developments Building Control & Access Planning Support Head Of Planning Property Information Total Planning Net Cost of Services Full Year YTD Updated Updated Budget Budget £ £ 515,124 257,574 266,624 125,826 225,038 112,524 185,991 92,994 87,930 43,968 0 18 0 (6) 181,159 68,582 YTD Actuals YTD Variance Commitments £ 192,518 115,119 110,821 94,947 13,951 1,075 868 (22,875) £ (65,056) (10,707) (1,703) 1,953 (30,017) 1,057 874 (91,457) £ Remaining Budget 9,717 0 1,800 295 350 1,407 0 45,344 £ 312,889 151,505 112,417 90,750 73,629 (2,482) (868) 158,690 1,461,866 701,480 506,424 (195,056) 58,913 896,528 17,936,378 5,983,094 5,476,282 (506,811) 4,482,859 7,977,237 17 Appendix C GENERAL FUND CAPITAL PROGRAMME - 2015/16 Scheme Scheme Total Current Estimate Pre 31/3/15 Actual Expenditure Current Budget 2015/16 Actual to P6 2015/16 £ £ £ £ Variance to 2015/16 Current Budget £ Comments Updated Updated Budget 2016/17 Budget 2017/18 £ £ Updated Budget in Future Years £ Jobs and the Local Economy North Norfolk Enterprise Innovation Centre 50,000 10,295 39,705 0 (39,705) 0 0 0 Rocket House 77,084 36,485 40,599 184 (40,415) 0 0 0 Public Conveniences (Plumbing and Drainage) 15,000 12,303 2,697 466 (2,231) 0 0 0 Mundesley Road Car Park Resurfacing 70,000 615 69,385 59,906 (9,479) 0 0 0 135,000 35,454 99,546 47,808 (51,738) 0 0 0 Car Park Refurbishment 2015/16 53,108 0 53,108 0 (53,108) The tender process is due within the next few months, with works to be complete by the end of the financial year. 0 0 0 Public Convenience Water Heater Improvements 10,000 0 10,000 0 (10,000) This budget is requested for virement to cover additional works undertaken on the Pier Public Convenience 0 0 0 410,192 95,152 315,040 108,364 (206,676) 0 0 0 Annual programme 0 594,970 169,796 (425,174) 499,277 1,054,890 0 0 0 0 0 0 0 North Norfolk Enterprise and Start Up Grants Works have been completed at the car park, and it is fully operational. Housing and Infrastructure Disabled Facilities Grants Housing Associations Housing Loans to Registered Providers Annual programme 0 504,543 0 (504,543) 3,500,000 0 3,500,000 0 (3,500,000) 18 The transfer of Blowlands Depot has been completed, and the Housing Association works will be due to start on site later in the financial year, at which point payment of these monies will be due. GENERAL FUND CAPITAL PROGRAMME - 2015/16 Scheme Parkland Improvements Scheme Total Current Estimate Pre 31/3/15 Actual Expenditure Current Budget 2015/16 Actual to P6 2015/16 £ £ £ £ Variance to 2015/16 Current Budget £ 100,000 4,437 95,563 4,482 (91,081) 3,600,000 4,437 4,695,076 174,278 1,409,000 1,184,417 224,583 40,023 37,671 1,418,631 1,304,161 Comments Updated Updated Budget 2016/17 Budget 2017/18 £ This scheme is going out to tender during October, as Architects and Electricial plans are now available. £ Updated Budget in Future Years £ 0 0 0 (4,520,798) 499,277 1,054,890 0 0 (224,583) 0 0 0 2,352 0 (2,352) 0 0 0 114,470 17,411 (97,059) 0 0 0 (9,967) A review of lighting along the promenade is currently being undertaken, with any future expenditure to be based on the review outcome. 0 0 0 (517,617) Designs for the redevelopment are now available for consideration at the next Project Group Meeting. The budget has however, been reduced by the £200k of FLAG funding following issues in terms of the ability to spend the monies within the required timescales 0 0 0 The works are ongoing and it is anticipated that the programme will be delivered by the end of the financial year. 0 0 0 Coast, Countryside and Built Heritage Gypsy and Traveller Short Stay Stopping Facilities Sheringham Beach Handrails Cromer Pier Structural Works - Phase 2 Sheringham Promenade Lighting Cromer Pier and West Prom Refurbishment Project Refurbishment Works to the Seaside Shelters Cromer Coast Protection Scheme 982 and SEA Pathfinder Project Cromer to Winterton Scheme Coastal Erosion Assistance 79,500 615,000 69,533 42,062 9,967 572,938 0 55,321 149,500 109,184 40,316 8,918 (31,398) 10,400,000 3,447,172 6,952,828 47,165 (6,905,663) 0 0 0 1,967,015 1,683,217 283,798 0 (283,798) 0 0 0 122,000 91,486 30,514 0 (30,514) 0 0 0 90,000 16,678 73,322 0 (73,322) 0 0 0 19 GENERAL FUND CAPITAL PROGRAMME - 2015/16 852,105 323,895 46,726 Variance to 2015/16 Current Budget £ (277,169) 804,000 279,957 524,043 220 2,221,000 307 69,693 Sheringham Gangway 136,737 46,570 Repairs and Renewals Grants - Flood Protection Works 368,294 Ostend Targeted Rock Placement and Coastal Adaptation Cromer Pier - External and Roofing Improvements to Pavilion Theatre Scheme Scheme Total Current Estimate £ 1,176,000 Pre 31/3/15 Actual Expenditure Current Budget 2015/16 Actual to P6 2015/16 £ £ £ Comments Updated Updated Budget 2016/17 Budget 2017/18 £ £ Updated Budget in Future Years £ 0 0 0 (523,823) 0 0 0 660 (69,033) 2,151,000 0 0 90,167 53,317 (36,850) 0 0 0 368,294 0 230,273 230,273 0 0 0 55,000 0 55,000 220 (54,780) 0 0 0 20,000 0 0 0 0 0 20,000 0 21,071,700 9,532,814 9,367,886 460,231 (8,907,655) 2,151,000 20,000 0 North Lodge Park 197,000 732 196,268 0 (196,268) 0 0 0 North Walsham Regeneration Schemes (Including Market St North Walsham) 102,045 18,929 83,116 46,555 (36,561) The landscaping works for Market Street are currently out to tender. 0 0 0 54,370 12,535 41,835 3,816 (38,019) Works are complete, and the final invoices are awaited. 0 0 0 100,000 86,190 13,810 8,440 (5,370) 0 0 0 Splash Roof Repairs 73,630 9,563 64,067 0 (64,067) NNDC are due to meet with the contractors to establish a timescale for the completion of the works. 0 0 0 Steelwork Protection to Victory Pool and Fakenham Gym 27,500 33 14,967 0 (14,967) Works are due to commence within the next few months. 0 12,500 0 Cabbell Park 64,000 7,915 56,085 49,330 (6,755) The major works in relation to Cabbell Park have been completed. 0 0 0 Storm Surge Sheringham West Prom Mundesley - Refurbishment of Coastal Defences This expenditure is fully funded by receipt of grant from DEFRA. Localism Victory Swim and Fitness Centre Play Areas 20 GENERAL FUND CAPITAL PROGRAMME - 2015/16 Scheme Scheme Total Current Estimate Pre 31/3/15 Actual Expenditure Current Budget 2015/16 Actual to P6 2015/16 £ £ £ £ Variance to 2015/16 Current Budget £ Comments Updated Updated Budget 2016/17 Budget 2017/18 £ 178,500 0 178,500 0 (178,500) Holt Country Park 12,500 0 12,500 0 Fakenham Gym 62,500 0 15,000 Splash Pool - Steelworks 35,000 0 907,045 Trade Waste Bins/ Waste Vehicle The first capital contribution towards this scheme is due to be paid within the next month. £ Updated Budget in Future Years £ 0 0 0 (12,500) 0 0 0 0 (15,000) 30,000 0 17,500 0 0 0 0 35,000 0 135,897 676,148 108,141 (568,007) 30,000 47,500 17,500 272,700 254,666 18,034 0 (18,034) 0 0 0 Personal Computer Replacement Fund 205,583 162,603 42,980 0 (42,980) 0 0 0 Waste Management & Environmental Health IT System 232,427 226,332 6,095 0 (6,095) 0 0 0 0 0 0 North Norfolk Railway Delivering the Vision Further purchases will be made once the relevant appointments have been made to the new Assets and Leisure staffing structure. 75,000 63,190 11,810 0 (11,810) Procurement for Upgrade of Civica System 317,312 198,214 119,098 0 (119,098) 0 0 0 e-Financials Financial Management System Software Upgrade 33,000 21,506 11,494 0 (11,494) 0 0 0 250,570 172,301 78,269 0 (78,269) 0 0 0 10,000 0 10,000 9,100 (900) 0 0 0 100,000 0 100,000 0 (100,000) 0 0 0 Telephony Procurement 90,000 7,933 82,067 43,585 (38,482) 0 0 0 Web Infrastructure Upgrade 71,500 647 70,853 38,950 (31,903) 0 0 0 New Print Solution - Multi Function Devices 60,000 53,599 6,401 0 (6,401) 0 0 0 Asset Management Computer System Administrative Buildings Cash Receipting System Upgrade Planning System (Scanning of Old Files) 21 The tender process is being undertaken for the replacement fire alarm and lighting systems. GENERAL FUND CAPITAL PROGRAMME - 2015/16 Scheme Scheme Total Current Estimate Pre 31/3/15 Actual Expenditure Current Budget 2015/16 Actual to P6 2015/16 £ £ £ £ Server Replacement 100,000 100,000 0 Variance to 2015/16 Current Budget £ 0 Comments Updated Updated Budget 2016/17 Budget 2017/18 £ 0 Works are progressing well in regard to Fakenham Connect, and the DWP are due to move into the offices in November. £ Updated Budget in Future Years £ 0 0 0 0 0 0 126,000 0 126,000 77,167 (48,833) GIS / Web Based Mapping Solution 20,000 0 20,000 0 (20,000) 0 0 0 Recording and Audio Equipment 20,000 0 20,000 0 (20,000) 0 0 0 Upgrades to Accolade and Idox 25,000 0 25,000 0 (25,000) 0 0 0 Wheeled Bins (Purchased from Kier) 66,750 0 66,750 59,638 (7,112) 0 0 0 Wheeled Bins 40,000 0 40,000 25,550 (14,450) 0 0 0 150,000 0 150,000 0 (150,000) 0 0 0 10,000 0 0 Fakenham Connect and Cromer Office Works - DWP Environmental Health IT System Procurement Once the DWP are in the offices, further consideration will be given to progressing these works. Fakenham Connect Roof Works 30,000 0 20,000 0 (20,000) Stonehill Way Fire and Security System 15,000 0 0 0 0 0 15,000 0 Document and Records Management System 60,000 0 60000 0 (60,000) 0 0 0 Web Content Management System 44,000 0 44000 0 (44,000) 0 0 0 2,414,842 1,260,991 1,128,851 253,991 (874,860) 10,000 15,000 0 28,403,779 11,029,291 16,183,001 1,105,006 (15,077,995) 2,690,277 1,137,390 17,500 2,310,046 0 0 0 0 380,231 0 0 0 0 0 1,137,390 0 0 0 0 0 17,500 Capital Programme Financing Grants Other Contributions Asset Management Reserve Capital Project Reserve Invest to Save Reserve Capital Receipts 8,765,813 247,965 3,983 1,038,670 70,853 5,131,286 22 GENERAL FUND CAPITAL PROGRAMME - 2015/16 Scheme Internal / External Borrowing TOTAL FINANCING Scheme Total Current Estimate Pre 31/3/15 Actual Expenditure Current Budget 2015/16 Actual to P6 2015/16 £ £ £ £ 924,431 16,183,001 23 Variance to 2015/16 Current Budget £ Comments Updated Updated Budget 2016/17 Budget 2017/18 £ 0 2,690,277 £ 0 1,137,390 Updated Budget in Future Years £ 0 17,500 Agenda Item No____10______ HALF YEARLY TREASURY MANAGEMENT REPORT FOR 2015/16 Summary: This report provides information on the Treasury Management activities undertaken in the first six months of 2015/16. Options considered: It is a requirement of the Chartered Institute of Public Finance & Accountancy’s (CIPFA) Code of Practice for Treasury Management that this mid-year review is prepared and presented to Full Council. Conclusions: That the treasury activities for the half-year have been carried out in accordance with the CIPFA Code and the Council’s Treasury Strategy. Recommendations: That the Council be asked to RESOLVE that the Half Yearly Treasury Management Report for 2015/16 is approved. Reasons for Recommendations: The recommendation is being made in compliance with the CIPFA Code. LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on to write the report and which do not contain exempt information) Arlingclose Report Template – Semi-Annual Treasury Report 2015/16 Cabinet Member(s) Ward(s) affected Cllr Wyndham Northam All Contact Officer, telephone number and email: Tony Brown 01263516126 tony.brown@north-norfolk.gov.uk 1. Introduction 1.1 The Chartered Institute of Public Finance and Accountancy’s Treasury Management Code (CIPFA’s TM Code) requires that authorities report on the performance of the treasury management function at least twice yearly (midyear and at year end). 1.2 The Council’s Treasury Management Strategy for 2015/16 was approved by Full Council on 25 February 2015, and this sets out the anticipated treasury activities for the year. The Council has invested substantial sums of money and is therefore exposed to financial risks including the loss of invested funds 24 and the revenue effect of changing interest rates. This report covers treasury activity and the associated monitoring and control of risk. 2. UK Economy 2.1 The UK economy has remained resilient over the first six months of the financial year. Although the growth in Gross Domestic Product (GDP) slowed in the first quarter of 2015 to 0.4%, year-on-year growth to March 2015 was a relatively healthy 2.7%. In the first quarter of the financial year, GDP growth bounced back and was confirmed at 0.7%, with year-on-year growth showing slight signs of slowing, decreasing to 2.4%. GDP has now increased for ten consecutive quarters, breaking a pattern of slow and erratic growth since 2009. 2.2 Inflation, as measured by the annual rate for consumer price inflation (CPI) briefly turned negative in April, falling to -0.1%, before fluctuating between 0.0% and 0.1% over the next few months. In the August Quarterly Inflation Report, the Bank of England’s projections for inflation remained largely unchanged from the May report with the Bank expecting inflation to gradually increase to around 2% over the next 18 months, and then remain there for the near future. 2.3 Further improvement in the labour market saw the unemployment rate for the three months to July fall to 5.5%. Average earnings excluding bonuses for the three months to July rose 2.9% year-on-year. 2.4 The outcome of the UK general election, which was largely fought over the parties’ approach to dealing with the consequences of the structural deficit and the pace of its removal, saw some very big shifts in the political landscape and put the key issue of the UK’s relationship with the EU at the heart of future politics. 3. Debt Management 3.1 The Council has remained debt-free. The Capital Programme included with the period 6 budget Monitoring Report assumes expenditure will be financed using currently available resources, for example capital receipts, government grants and revenue contributions. This has lowered the overall treasury risk by reducing the level of investments and avoiding external debt, and continues to be the most cost effective way of funding capital expenditure. 3.2 As capital projects are reviewed and considered, the funding source and financial impact will be evaluated and used to inform the decision making on the method chosen. 4 Investment Activity 4.1 The Investment Guidance from the Department for Communities and Local Government, gives priority to security and liquidity, and the Council’s aim is to achieve an interest return commensurate with these principles. 4.2 The table below gives Members an appreciation of the investment activity undertaken in the first six months of 2015/16, showing the position at the start and end of the period, together with the transactions during the period. The percentages show the investment return achieved for each investment category. 25 Balance 01/4/2015 Invested Matured Balance 30/9/2015 £000s £000s £000s £000s % Term Deposits & Money Market Funds 5,010 64,365 (58,545) 10,830 0.42 Certificates of Deposit 4,250 6,000 (5,750) 4,500 0.66 Covered Bonds 4,500 0 0 4,500 1.30 LAMIT Pooled Property Fund 5,000 5,000 6.08 6,000 0.85 30,830 1.58 Pooled Funds Total 6,000 18,760 76,365 (64,295) 4.3 Security of the capital sum remained the Council’s main investment objective. This was maintained by following the Council’s investment counterparty policy set out in its Treasury Management Strategy Statement for 2015/16. 4.4 Counterparty credit quality was assessed and monitored with reference to Credit Ratings (the Council’s minimum long-term counterparty rating of A- (or equivalent) across the rating agencies Fitch, S&P and Moody’s); credit default swaps; GDP of the country in which the institution operates; the country’s net debt as a percentage of GDP; sovereign support mechanisms and potential support from a well-resourced parent institution and share price. 4.5 The original budget for 2015/16 anticipated that £430,610 would be earned in interest from investments and loans, from an average balance of £19.6m at 2.2%. In the first 6 months of the financial year the average amount invested was £30.4m at an average rate of interest of 1.58%, resulting in an overall interest return of £240,875. 4.6 Investment balances remained higher than budget in the six month period and the opportunity was taken to make further investments in pooled funds. The most appropriate funds were selected in consultation with the Council’s treasury advisers, Arlingclose, and £3m was invested in the Royal London Cash Plus Fund, and £3m in the Payden & Rygel Sterling Reserve Fund. 4.7 The Royal London fund is rated AAA and offers the opportunity for enhanced returns over the liquidity money market funds which the council currently uses. The fund manager aims to achieve this through a diversified portfolio of cash instruments and short-dated fixed income assets. The sum invested can be withdrawn with 2 days’ notice if necessary, and income earned is distributed quarterly. The fund has a performance benchmark of 7 day LIBID +0.75% before fees. The Payden fund operates in a similar way and so far an average of 0.85% has been earned from these investments. 5. Credit Risk and Counterparty Update 5.1 Counterparty credit quality as measured by credit ratings is summarised below. The table below and charts at Appendix D show that, compared to the Arlingclose client base (for English non-metropolitan district councils), the 26 credit quality of the Council’s investments at the end of June 2015 on a value weighted basis was better than the client base average of 4.35. On a time weighted basis the average was again better than the client base figure of 3.62 indicating the high credit quality of the Council’s long-term investments. Date Value Weighted Average – Credit Risk Score Value Weighted Average – Credit Rating Time Weighted Average – Credit Risk Score Time Weighted Average – Credit Rating 31/03/2015 AA 3.37 AAA 1.43 30/06/2015 AA 3.50 AAA 1.23 Scoring: Value weighted average reflects the credit quality of investments according to the size of the deposit Time weighted average reflects the credit quality of investments according to the maturity of the deposit AAA = highest credit quality = 1 D = lowest credit quality = 15 Aim = A- or higher credit rating, with a score of 7 or lower, to reflect current investment approach with main focus on security 5.2 Appendix E also includes a chart showing the rate of return on the total investment portfolio. The chart shows that at the end of June 2015 the Council had achieved the second best rate of return on its investment portfolio compared to all other Arlingclose clients. The chart must be viewed in the context of the Council’s Investment Strategy and reflects both the capital growth and income from investments. The result is due in large part to the investment in the LAMIT pooled property fund made on the advice of Arlinclose who facilitated the Council’s entry into the fund at the (lower) bid price. 6. Compliance with Prudential Indicators 6.1 The Council can confirm that it has complied with its Treasury Prudential Indicators in the first six months of 2015/16 as set out in Appendix ? 7. Conclusion 7.1 In compliance with the requirements of the CIPFA Code of Practice this report provides members with a summary of the treasury management activity during the first 6 months of 2015/16. As indicated in this report none of the Prudential Indicators have been breached and a prudent approach has been taking in relation to investment activity with priority being given to security and liquidity over yield. 8. Implications and Risks 8.1 The treasury management activities in the first 6 months of 2015/16 have been undertaken in accordance with the Treasury Management Strategy Statement 2015/16. 27 9. Financial Implications and Risks 9.1 The financial implications and risks of treasury decisions have been considered in the light of advice from the Council’s treasury advisor and this report confirms that the Council considers that security and liquidity are the primary objectives of its prudent investment policy. 10. Sustainability 10.1 This report does not raise any issues relating to Sustainability 11. Equality and Diversity 11.1 This report does not raise any issues relating to Equality and Diversity. 12. Section 17 Crime and Disorder considerations 12.1 This report does not raise any issues relating to Crime and Disorder considerations. 28 Appendix D Credit Score Analysis Long-Term Credit Rating Score AAA 1 AA+ 2 AA 3 AA- 4 A+ 5 A 6 A- 7 BBB+ 8 BBB 9 BBB- 10 Not rated 11 BB 12 CCC 13 C 14 D 15 29 30 31 Appendix E 1 1.1 2 2.1 2.2 Compliance with Prudential Indicators The Council complied with the Prudential Indicators for 2015/16, which were set on 25 February 2015 as part of the Council’s Treasury Management Strategy Statement. Treasury Management Indicators The Council measures and manages its exposures to treasury management risks using the following indicators. Security: The Council has adopted a voluntary measure of its exposure to credit risk by monitoring the value-weighted average credit score of its investment portfolio. This is calculated by applying a score to each investment (AAA=1, AA+=2, etc.) and taking the arithmetic average, weighted by the size of each investment. Actual Target Portfolio average credit score 2.3 6.0 A credit score of ‘6’ equates to a long-term rating of ‘A’ (Fitch and S&P) or A2 (Moody’s). Liquidity: The Council has adopted a voluntary measure of its exposure to liquidity risk by monitoring the amount of cash available to meet unexpected payments within a rolling three month period, without additional borrowing. Actual Target Total cash available within 3 months 2.4 2.5 3.5 £3m £2m Interest Rate Exposures: This indicator is set to control the Council’s exposure to interest rate risk. The upper limits on fixed and variable rate exposures, expressed as the proportion of net principal borrowed (i.e. fixed rate debt net of fixed rate investments, will be: 2015/16 2016/17 2017/18 Estimate Estimate Estimate % % % Upper Limit for Fixed Interest Rate Exposure Actual 100% Upper Limit for Variable Interest Rate Exposure 100% Actual 93% 100% 100% 100% 100% 7% The purpose of the limit is to ensure that the Council is not exposed to interest rate rises on any borrowing which could adversely impact the revenue budget. Variable rate borrowing can be used to offset exposure to changes in short term rates on investments. However, the Council does not anticipate entering into a borrowing during the period of the Strategy. These limits therefore allow maximum flexibility for fixed or variable rate investments and investment decisions will ultimately be made on expectations of interest rate movements as set out in the Strategy. 32 2.6 Fixed rate investments and borrowings are those where the rate of interest is fixed for the whole financial year. Instruments that mature during the financial year are classed as variable rate. 2.7 Maturity Structure of Fixed Rate borrowing: 2.8 This indicator highlights the existence of any large concentrations of fixed rate borrowing needing to be replaced at times of uncertainty over interest rates and is designed to protect against excessive exposures to interest rate changes in any one period, in particular in the course of the next ten years. 2.9 It is calculated as the amount of projected borrowing that is fixed rate maturing in each period as a percentage of total projected borrowing that is fixed rate. No borrowing was undertaken in the first six months of the financial year, and the Council does not anticipate borrowing in 2015/16 (other than for short periods for cash flow purposes). However, should the Council require to borrow for the long-term, the limits provide the flexibility to borrow fixed rate loans in any of the maturity bands below. Lower Limit Upper Limit Actual Maturity structure of fixed for 2015/16 for 2015/16 For 2015/16 rate borrowing % % % under 12 months 0 100 0 2.12 12 months and within 24 months 0 100 0 24 months and within 5 years 0 100 0 5 years and within 10 years 0 100 0 10 years and above 0 100 0 Principal Sums Invested for Periods Longer than 364 days: The purpose of this indicator is to limit exposure to the possibility of loss which may arise as a result of the Council having to seek early repayment of the sums invested. The limits on the total principal sum invested to final maturities beyond the period end will be: 2015/16 2016/17 2017/18 Limit on principal invested beyond year £12m £12m £12m end Actual £4.5m £4.5m £4.5m 33 Agenda Item No______11____ Information and Advice Service Summary: In January 2015 Cabinet resolved to accept the following recommendations from the Overview and Scrutiny Committee meeting held on 10th December 2014: Citizens Advice Bureau Provision in North Norfolk 1. To investigate commissioning generic or specific advice and support services on the basis of an analysis of needs. A service specification would then be identified whereby any suitably qualified organisation which could include existing Citizens Advice Bureaux but also other voluntary and community groups or statutory organisations could be invited to submit a proposal to deliver services in North Norfolk. Where appropriate, this would include working collaboratively with Norfolk County Council and other District Councils in the County. This report provides an update to Cabinet on the: • Collaborative working that has been undertaken with Norfolk County Council and other District Councils in Norfolk. • The process followed to seek proposals to commission a generic information and advice service in North Norfolk • The proposals received for the delivery of an Information and Advice Service in North Norfolk. • The outcome of the commissioning process and makes a recommendation for the appointment of a new three year generalist Information and Advice service Conclusions: Collaborative working has resulted in greater understanding of the issues and needs of North Norfolk residents in respect of information and advice as well as the benefits of a jointly commissioned Information and Advice Service in North Norfolk. Through the commissioning process and at no additional financial cost to NNDC a proposal has been received for the provision of a quality assured, generic Information and Advice Service with improved stakeholder engagement, co-ordination and accountability as well as an expansion and increase in how, where and when Information and Advice services are delivered. The provision of an Information and Advices Service will 34 also contribute towards the achievement of North Norfolk District Council’s (NNDC’s) Corporate Plan 2015 – 2019 Health and Wellbeing Priority - “providing support and advice to people who are vulnerable and / or struggling with issues which are negatively impacting on their lives”. Recommendations: It is recommended that Cabinet: 1. Agree that North Norfolk District Council enters into a three year partnership agreement with Norfolk County Council to enable the pooling of North Norfolk District Council and Norfolk County Council budgets for information and advice services for the three year period starting January 2016. The pooled fund to be used to fund the provision of a new three year Information and Advice Service for North Norfolk at a combined annual cost of £109,000 (NNDC £66,323 NCC £42,677) in accordance with recommendations 2 and 3. 2. Agree that subject to the agreement of a satisfactory contract terms incorporating quality and service monitoring arrangements and the inclusion of break clauses and an appropriate partnership agreement between Mid Norfolk Citizens Advice and Norfolk Citizens Advice that North Norfolk District Council and Mid Norfolk Citizens Advice enter into a three year contract for Mid Norfolk Citizens Advice to provide a generalist Information and Advice Service for the North Norfolk District Council area at an annual cost not exceeding £109,000 3. Delegate authority to the Head of Economic and Community Development in consultation with the Portfolio Holder for Health and Wellbeing to negotiate and settle with Mid Norfolk Citizens Advice satisfactory contract terms. 4. Agree that North Norfolk District Council Overview and Scrutiny Committee will receive a report every six months on the outcome of the contract monitoring and performance review meetings. Cabinet Member(s) Ward(s) affected 35 Cllr. Becky Palmer All wards in North Norfolk Contact Officer, telephone number and email: Sonia Shuter, 01263 516173, sonia.shuter@north-norfolk.gov.uk 1. Background 1.1 North Norfolk District Council had an annual grant funding agreement with Norfolk Citizen’s Advice Bureau (£51,310) and Mid Norfolk Citizen’s Advice Bureau (£15,404) towards the delivery of their key objectives and core service provision in North Norfolk. These agreements ended on 31st March 2015. 1.2 A report was presented to Overview and Scrutiny (O&S) Committee in December 2014 (Appendix F) in response to expressions of concern mainly around the provision of some areas of the service delivered by Norfolk Citizens Advice Bureau (CAB) in North Norfolk specifically North Walsham. Representatives from both CABs attended O&S to give presentations about their services and to respond and address concerns raised. 1.3 O&S considered a range of options for future service provision and made the following recommendations which were agreed by Cabinet on 6 January 2015: To investigate commissioning generic or specific advice and support services on the basis of an analysis of needs. A service specification would then be identified whereby any suitably qualified organisation, which could include existing CAB but also other voluntary and community groups or statutory organisations, would be invited to submit a proposal to deliver services in North Norfolk. Where appropriate, this would include working collaboratively with Norfolk County Council and other Councils in the County. To extend the current Service Level Agreement with the Citizen’s Advice Bureaux for 6 months whilst the needs analysis and tender exercise is undertake. 2. Collaborative working 2.1 Norfolk County Council (NCC) also had a grant agreement with Mid Norfolk (£38,508) and Norfolk CAB (£287,404) towards the delivery of their core service. 2.2 In discussion with NCC it was agreed it would be beneficial to invite all District Councils to a meeting with NCC to identify the individual funding arrangements that each District had with the three CAB’s in Norfolk and gather their views on the services provided. 2.3 It was identified that each District Council had a different arrangement with the CAB service in their area. The amount of grant funding to CABs varied, some District Councils gave a grant towards generalist advice service provision, and others funded a specific service such as debt advice. In addition to CAB funding some Councils also gave a grant to other organisations for the provision of information and advice services. 36 2.4 All District Councils that gave a grant to Norfolk CAB reported a level of concern around service quality, consistency and performance monitoring. One District Council cancelled their contract due to noncompliance. This contradicted the view given by Norfolk CAB that any concerns previously about service provision in North Norfolk were a result of a merger with North Walsham Bureau in 2012. 2.5 Norfolk County Council arranged for a short survey to be sent to all Town and Parish Councils in Norfolk to identify any funding contribution they made towards information and advice services and their views on the service provided. This identified that the Town and Parish Councils that gave a grant to CABs tended to be those where a bureau or face to face service was available. CABs do offer a county wide telephone service and web based service however many Town and Parish Councils where there was no face to face service felt that CABs did not provide a service in their area. This demonstrated the value and importance placed on a face to face service. 2.6 These discussions also highlighted that Citizens Advice Bureaux are generally well-known, respected and valued organisations. It also identified that in terms of generalist advice they are the main organisations providing services in Norfolk. 2.7 On 11th May 2015, Norfolk County Council, Adult Social Care Committee agreed to re commission all three Citizen’s Advice Services in Norfolk for the provision of information and advice services. However, the grant offered to Norfolk and Mid Norfolk Citizen’s Advice was reduced in total by £42,677. This amount was calculated by Public Health to be the combined cost of the current services provided by Norfolk and Mid Norfolk Citizen’s Advice in North Norfolk. The £42,677 was therefore identified as the contribution from Norfolk County Council towards the provision of the new co commissioned Information and Advice Service in North Norfolk. 3. North Norfolk Information and Advice Service 3.1 The aim and focus of the new service needed to be able to respond to key user issues identified from the monitoring of the current information and advice service such as benefits, debt, housing, finance, employment, consumer, immigration and family matters. It also had to take account of the challenges of delivering a service in a rural area. In addition, the service provider must ensure it is aware of and can provide appropriate advice, support and information in response to the implications and challenges arising from changes in law, policy and service provision e.g. Introduction of the Care Act 2014 and Universal Credit. 3.2 Outcomes to be achieved: North Norfolk residents will be proactively supported and empowered to gain knowledge and skills to help them prevent or deal with on-going or recurring problems and difficulties that impact and affect them. North Norfolk residents will be helped to understand their rights and the support available to them so that reliance on statutory services is reduced, delayed or avoided. 37 3.3 Outputs to be delivered: Provision of a comprehensive, accessible high quality, district wide, free impartial and equitable needs led generalist information and advice service for people aged over 16. Active engagement and partnership working with relevant statutory and voluntary organisations to ensure effective communication, joint working and cross agency referrals to meet individual needs and to address the local challenges arising from changes in law, policy and service provision. 3.4 It was recognised that to allow sufficient time for a robust commissioning process to take place that it was not realistic to expect a new service to start on 1st October 2015. It was therefore agreed to extend the existing services for a further three months and for a new service to start on 1st January 2016. 3.5 The appropriate procurement route was considered. As the total maximum cost of the contract for the provision of the Information and Advice Service is £327,000, the procurement of the service is eligible to be undertaken using the Light Touch Regime of the Public Contracts Regulations 2015 in relation to contracts for “Other Community, Social and Personal Service” (CPV Code 98000000-3). On this basis, the procurement was undertaken using the principles endorsed within the European procurement rules to ensure transparency, equal treatment and proportionality. 3.6 Information inviting effective, innovative and creative proposals from suitably qualified organisations interested in delivering the service as well as a detailed description of the service required was advertised on NNDC’s website from 21st July to 5th September 2015 (Appendix G). There was also information on Norfolk County Council’s website with a link to the relevant NNDC web page. Providers of existing information and advice services in Norfolk were notified directly of the proposal opportunity. In addition it was circulated via Voluntary Norfolk’s electronic newsletter and via the Norfolk Community Advice Network. The procurement was therefore advertised widely. The information for tenderers included details of the outcomes required from the service and how tenders would be assessed. 3.7 It was agreed that a Panel comprising of NNDC officers and Members (Cllrs. Tom Fitzpatrick and Becky Palmer), an officer from NCC and a representative from North Norfolk Clinical Commissioning Group would assess and shortlist the proposals and receive a presentation from the shortlisted organisations. 3.8 By the closing date of 5th September two proposals had been received; one from Age UK Norfolk and another from Mid Norfolk Citizens Advice in partnership with Norfolk Citizens Advice (previously known as Citizens Advice Bureau’s) 3.9 Unfortunately the proposal received from by Age UK Norfolk would only offer an information and advice service to people age over 50. No other proposal had been received for a service aimed specifically at people under aged 50 therefore it was agreed that the Age UK proposal was not eligible for consideration. A letter was sent to Age UK Norfolk advising them of this and offering a meeting to consider other joint working opportunities. 38 3.10 Mid Norfolk and Norfolk Citizens Advice submitted a joint proposal (Appendix H) with Mid Norfolk as the lead organisation. National Citizens Advice policies meant that a Citizens Advice service could not bid to take over a service that was currently provided by another Citizens Advice service i.e. neither Mid Norfolk nor Norfolk Citizens Advice could submit a proposal to be the sole provider of the Information and Advice Service in North Norfolk. 3.11 The Panel considered the proposal and whilst identifying a number of areas that required further information and clarity considered that the proposal could meet the identified outputs and outcomes and was eligible for consideration. 3.12 Mid Norfolk and Norfolk Citizen’s Advice were invited to give a presentation to the Panel and answer questions about their proposal on Thursday 1st October. Overall the Panel felt that the presentation and subsequent discussion confirmed that proposal should meet the identified outputs and outcomes. They were pleased to note that for slightly less funding than that currently given as a grant contribution by NNDC and NCCs that the information and advice service proposed both an increase in the number of venues and locations of face to face advice services to all seven of the market towns in North Norfolk plus the provision of a service in Mundesley. It would also provide two self-help kiosks which would be located in venues in Cromer and Fakenham as well as weekday support through the telephone advice line and an improved interactive web site whereby users could via the internet communicate directly with an advisor. In response to the requirement to improve access to face to face advice services the proposal confirmed that the provision of late night and weekend advice services would be explored. 3.13 Mid Norfolk and Norfolk Citizen’s Advice advised that they were still in discussion regarding the venues and times of the face to face advice services but confirmed that they would offer services in two dedicated offices in North Walsham and Holt as well as venues such as foodbanks and Sure Start Centres. 3.14 The Panel asked how the partnership arrangement between Mid Norfolk and Norfolk Citizens Advice would work and were advised that Mid Norfolk would be the lead organisation and would have a partnership agreement with Norfolk Citizen’s Advice to deliver services in identified locations. 3.15 Whilst there were still some areas of the proposal that the Panel felt needed clarity such as stakeholder and user engagement, proposed partners and partnership working it was felt that these could be addressed through the Service Level Agreement. 3.16 The two options regarding the Information and Advice service discussed by the Panel for recommendation to Cabinet were: Not to award the contract and re advertise Offer the contract to Mid Norfolk Citizens Advice in partnership with Norfolk Citizens Advice subject to sight and acceptance of the partnership agreement between the two advice services and a robust Service Level Agreement which covered the outstanding areas of concern. This would be regularly monitored and reviewed with break clauses. 39 3.17 The difficulty in providing generalist advice services in a rural area was recognised and it was considered that nothing would be gained by re advertising the service as demonstrated by the limited number of proposals received. 3.18 Whilst there had been concerns on occasions about services previously provided by Norfolk Citizen’s Advice, Norfolk County Council had re commissioned them to provide services across Norfolk and it was felt that the new information and advice service proposal should address many of the identified services issues and concerns. 3.19 It was also acknowledged that Citizen’s Advice are a well-known, respected and valued provider of information and advice services and that the integrated service offered by the proposal will increase and improve the quality, quantity and availability of information and advice services in North Norfolk. 4. Conclusion 4.1 In response to the issues and concerns identified during the previous grant agreement NNDC and NCC have gone through an open and robust commissioning process. 4.2 The implementation of the proposal for the Information and Advice Service to be delivered by Mid Norfolk Citizens Advice in partnership with Norfolk Citizens Advice will meet the identified service outputs and outcomes. It will also increase the quality, type, range, location and frequency of information and advice services. 4.3 The integrated service will improve the consistency and equity of the service and should offer the opportunity for volunteers on occasion to move between services or operate from another location to ensure face to face services are fully operational across all tiers of service provision. 5. Implications and Risks 5.1 NCC and NNDC have committed to co-commission an Information and Advice Service for North Norfolk. The implication of not offering the service to Mid Norfolk Citizens Advice in partnership with Norfolk Citizens Advice is that residents in North Norfolk at a time of significant change in terms of benefit and social care provision would not have services available to support and empower them to deal with the issues and challenges they may face. 5.2 There is a risk that people will keep referring to past issues and not recognize the improvements and opportunities for closer user, stakeholder and partnership working that the new integrated service will provide. 5.3 In terms of reputational risk the importance of working with the provider(s) to publicly endorse, promote and raise the profile of the new service is recognised, as is the need to put systems in place to closely monitor the service and ensure regular engagement with the service provider(s). 40 5.4 The three year Service Level Agreement (SLA) with Mid Norfolk Citizens Advice as the lead organisation will require agreed monitoring data to be submitted to NNDC every six months. The SLA which will be subject to an annual review will have a break clause which would enable the contract to be ended earlier if the terms of the SLA are not being met. 5.5 In addition, Mid Norfolk Citizen’s Advice as the lead organization will enter into a formal partnership agreement with Norfolk Citizens Advice to deliver the Information and Advice Service. Mid Norfolk Board of Trustees will monitor the services provided through the partnership agreement to ensure the required levels of service, outputs and outcomes are met. They will have the authority to deal with any performance or service issues which could affect the viability of the service or its continued funding during the three year period. 6. Financial Implications and Risks 6.1 NNDC will enter into a three year financial agreement with Norfolk County Council to enable the annual transfer of NCC’s financial contribution towards the Information and Advice Services to NNDC. 6.2 NNDC’s current funding contribution towards for the provision of the existing information and advice services is £66,714 per annum. NNDC’s funding contribution towards the provision of the information and advice service starting on 1st January 2016 will reduce slightly to £66,323. However, as detailed in the report, with greater user, partnership and stakeholder engagement as well as an increase in the type, location and range of information and advice services available it is considered that an improved service will be delivered. 7. Sustainability 7.1 There will be a three year funding commitment from both NNDC and NCC towards the provision of Information and Advice Services. 7.2 The service will be reviewed annually and discussions commence at the start of the third year of the agreement to consider future provision. 8. Equality and Diversity 8.1 The service description specifically identified the need to ensure that the service provided is accessible to people with additional needs and minority groups and is also available to those who work and need advice outside of normal working hours. 9. Section 17 Crime and Disorder considerations 9.1 There are no specific crime and disorder considerations 10. Health and Wellbeing Issues 41 10.1 The impact of financial issues, debt, poor or inappropriate housing, unemployment, consumer or family problems can all have a negative impact on a person’s mental, physical and social health and wellbeing. 10.2 Appropriate, accessible and good quality information and advice are essential to empower and support people to access employment, entitlements and services, resolve complex issues, make informed decisions, exercise choice and play a full part in their community and society. 42 Appendix F Citizens’ Advice Bureau’s (CAB’s) 1. Background North Norfolk District Council currently has a grant funding agreement with Norfolk Citizen’s Advice Bureau (£51,310) and Mid Norfolk Citizen’s Advice Bureau (£15,404) as a contribution towards the delivery of their key objectives and core service provision in North Norfolk. Representatives from both bureaux attended a meeting of NNDC’s Scrutiny Committee on Wednesday 12th November 2014 and gave a presentation about the services they provide in North Norfolk. These included information about particular issues experienced in terms of demand or capacity. The presentations identified areas of concern in relation to service provision and engagement particularly in relation to Norfolk CAB. It also prompted a number of generic and bureau specific questions from Councillors and members of the public. The answers to some questions were not available at the meeting. As the responses to questions are not recorded verbatim both CAB were asked to formally respond in writing to relevant questions raised: In the CAB report which formed part of the Scrutiny papers By members of the public in attendance at the meeting By Councillor’s in attendance at the meeting The questions were circulated to both bureau on Thursday 13th November with a request that written responses were received by Friday 28th November. These responses plus the information recorded in the minutes of the meeting would help inform Members discussions regarding the CAB when they were discussed again at Scrutiny on 10th December 2014. 2. Grant Agreement 2014 - 2015 Mid Norfolk CAB In addition to the information in the Scrutiny minutes, the responses from Mid Norfolk CAB to relevant questions were received on 17th November and are attached to this report. Mid Norfolk has sent information about their customer satisfaction survey which took place over a two week period. Cllr David Young who represents NNDC as an observer at the Mid Norfolk Board meetings also sent some generic information for Members consideration. Based on the responses to questions there are no significant concerns in relation to Mid Norfolk CAB and its compliance with the current grant agreement it has with NNDC. It is noted that: The location of one outreach service has changed from Melton Constable to Briston. This was due to the premises where the service was located in Melton Constable closing. A Stakeholder Forum has not been established, however Cllr David Young attends Mid Norfolk CAB Board meetings as an observer. There are difficulties with the Advice Line telephone service. A significant number of calls are not answered. However, people can phone the Holt Bureau directly for advice. 1 43 Norfolk CAB A summary of the responses from Norfolk CAB to the questions raised at Scrutiny are given in the minutes. A written response to questions in the CAB report which formed part of the Scrutiny papers, those raised by members of the public and Councillor’s in attendance at the meeting was requested by and received on 28th November and is attached to this report. The answers to the questions received still leave several key concerns outstanding in relation to Norfolk CAB and its compliance with the current grant agreement with NNDC. In particular it is noted that: Whilst stated that the Wells outreach service was part of a lottery funded project pre merger, the grant agreement signed by Norfolk Cab for the last two years included an outreach service in Wells. This has not been delivered. There are difficulties with the Advice Line telephone service. A significant number of calls are not answered. There is currently no provision for people to phone directly to bureaux in North Walsham and Fakenham. Whilst following a successful pilot a call back system is proposed, no time scale is given for its implementation and the difficulties with accessing the service by phone continue. Norfolk CAB website is currently unavailable (and has been for some time). No timescale for this key information source to be available again has been identified. A reduction has been reported in the number of days North Walsham bureau is open to the public and type of advice service available i.e gateway (triage) as opposed to generalist advice. It is advised that all volunteers are now trained to basic level and in North Walsham two have become generalist advisors. It is unconfirmed as to the current impact on the bureau opening times. A lack of generalist advisors has meant some people requiring generalist advice being redirected to Norfolk CAB outside the district or increasingly to other providers such as Mid Norfolk CAB and Age UK Norfolk. This has been confirmed by other providers although Norfolk CAB report this figure to be very low. In its monitoring report Norfolk CAB identified that volunteer numbers are significantly lower than the optimum although recruitment is on-going. Should the bureau be required to move from its current location in North Walsham and have to rent accommodation it would cause additional financial difficulties and the service provision re evaluated. A Stakeholder Forum has not been established. There is no regular direct engagement with identified NNDC Members, although promises have been made that engagement will be reviewed as a matter of urgency. Fakenham and North Walsham bureaux failed their audit. There are mixed messages in relation to the reasons for this and the extent to which this links into the service “pre merger”. In summary, both Mid Norfolk and Norfolk CAB are providing a service in North Norfolk. However, in relation to Norfolk CAB there has clearly been a reduction in service provision, in availability and depth of advice. The grant agreement states that NNDC should be advised of potential or actual changes in service provision that could impact on ability of Norfolk CAB to fully meet the grant agreement. This has not happened, communication and engagement with Norfolk Cab compared to Mid Norfolk CAB has been poor. There appears to be differing opinions on the quality, type and 2 44 availability of the service provided. However, the concerns in relation to service provided by Norfolk CAB have been raised with NNDC from several sources including members of the public, Councillors, and other voluntary and statutory organisations. It is accepted that the merger was a very difficult time and the impact of that was significant. However, the merger happened over two years ago and it is acknowledged that progress is being made with respect to addressing the “quality” issues cited as reasons for the poor audit score; however the concerns relating to the extent of the service availability of advisors etc appears not to have engendered the level of confidence in the service that is needed for it to attract and retain sufficient volunteers. 3. Local authority funding arrangements with CABs To further inform Scrutiny, informal discussions have been held with some other authorities in regarding their funding arrangements with CABs. The majority of the local authorities advised that they will shortly be reviewing their funding arrangements. Norfolk County Council has arranged a meeting on 5th December to which all District Councils have been invited. This will to identify both county wide needs and local priorities, with a view to achieving a more joined up approach to organisations investments in Advice and Information services. Norfolk County Council Through a grant agreement annual funding is given towards the core services provided by the CABs as follows: Mid Norfolk CAB - £38,000 Norfolk CAB - £287,000 It is up to each CAB to decide how they apportion the funding across the geographical area they cover. Broadland District Council No contribution to core service. Norfolk CAB is currently funded to provide a dedicated debt advisor which is based at Broadland District Council offices. Great Yarmouth Borough Council An annual grant of £30,000 is currently given to Norfolk CAB towards the provision of its core service. Norwich City Council No contribution to core service. Norfolk CAB is currently funded to provide a debt advice service in Norwich. A review of service provision and need in Norwich has been undertaken. As a result the Council intends to use an “outcomes based” approach to the commissioning of services. Organisations will be invited to submit proposals that demonstrate how they would deliver a service which would meet the identified outcomes. West Norfolk An annual grant of£76,091 is given to Norfolk CAB for the provision of generalist advice. There is a historical rolling Service Level Agreement. 3 45 4. Provision of Advice Services from 1st April 2015 NNDC recognises the value of and need for quality and accessible advice and support services across North Norfolk. In addition to CABs there are a number of other organisations such as Age UK, Shelter, Equal Lives, Christians Against Poverty which provide a range of advice services. Some of these are located in North Norfolk whilst others provide a drop - in service or visit clients in their own homes. NNDC has no grant agreements for advice services with these organisations. The concerns that have been raised in relation to the current funded provision of advice and support services, particularly in relation to Norfolk CAB, have identified a range of options for future service provision. They would all require further consideration in relation to impact and effect. There are also reputational and confidence issues both in terms of the provider of a service and NNDC’s effective use of funding. Options include: 1. Continue with the current core service contribution grant arrangements with Mid Norfolk and Norfolk CAB, with revised grant agreements to reflect an agreed level of service in relation to outputs, outcomes, governance, communication, monitoring and scrutiny to better reflect geographic and service need. 2. Commission generic or specific advice and support services. A service specification would be identified whereby any suitably qualified organisation which could include existing CAB but also other voluntary and community groups or statutory organisations could be invited to submit a proposal to deliver services in North Norfolk. 3. No longer provide external grant funding for advice and support services. Instead enhance internal services to provide advice services in particular in relation to debt, housing and benefits, which are the main areas of identified need. In summary, the current grant agreements end on 31st March 2015. It is appropriate and timely that the provision of advice and support services is reviewed. Following consideration of the responses to the questions received and this report, Scrutiny’s views on the existing grant agreement and options for future service provision would be welcome. 4 46 Appendix G North Norfolk Information and Advice Service Appropriate, accessible and good quality information and advice are essential to empower and support people of all ages to access employment, entitlements and services, resolve complex issues, make informed decisions, exercise consumer choice and play a full part in their community and society. North Norfolk District Council and Norfolk County Council wish to jointly commission for a period of three years a generalist Information and Advice Service across the geographic area covered by North Norfolk District Council. North Norfolk is the lead commissioner for this service. Effective, innovative and creative proposals are invited from suitably qualified organisations interested in delivering a service that will ensure the following outcomes are achieved and outputs delivered: Outcomes North Norfolk residents will be proactively supported and empowered to gain knowledge and skills to help them prevent or deal with on-going or recurring problems and difficulties that impact and affect them. North Norfolk residents are helped to understand their rights and the support available to them so that reliance on statutory services is reduced, delayed or avoided. Outputs Provision of a comprehensive, accessible, high quality, district wide, free, impartial and equitable needs led generalist information and advice service Active engagement and partnership working with relevant statutory and voluntary organisations to ensure effective communication, joint working and cross agency referrals to meet individual needs and to address the local challenges arising from changes in law, policy and service provision. Your proposal should clearly describe how your service will achieve these outcomes and outputs and must contain a researched and evidenced rationale for service delivery giving regard to the rural and demographic profile of North Norfolk in terms of: Delivery methods Accessibility Partnership working and user involvement Communication, reporting and performance monitoring The successful organisation(s) will be required to demonstrate good standards of governance, quality assurance and financial accountability. Additional supporting information and documentation such as references and relevant organisational and financial policies and procedures may be required. The expected start date for the commencement of the service is Monday 4th January 2016. The maximum funding available for the provision of the service is £109, 000 per annum 47 which is to be used exclusively for the provision and delivery of services in North Norfolk District Council area. The proposal for a service that covers the whole of the North Norfolk District Council area may be made from a single or partnership of organisations. Proposals should not exceed 2,500 words should be sent together with a completed budget template by post to: Sonia Shuter Health and Communities Officer North Norfolk District Council Holt Road Cromer Norfolk NR27 9EN “North Norfolk Information and Advice Service Proposal” should be written clearly on the envelope. Deadline for receipt of proposals is 5pm Friday 4th September 2015 Shortlisted organisations will be invited to give a presentation to commissioners and stakeholders and to answer questions on their proposed service on Friday 18th September. Commissioners will assess the proposals on the following basis: How the proposed delivery methods will achieve the identified outcomes and outputs in the service description, in particular ensuring good quality information and advice and preventing recurring problems How effectively the proposed delivery arrangements will ensure the service is accessible to people who need it throughout North Norfolk and how many unique clients it is proposed will be supported by the service How the proposed delivery arrangements will utilise partnership arrangements and involve customers in shaping the service Effectiveness of proposed methods for reporting and evidencing outcomes and performance to commissioners 40% 20% 20% 20% If you require any further information please contact Sonia Shuter Health and Communities Officer email sonia.shuter@north-norfolk.gov.uk, phone 01263 516173 48 Appendix H 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Agenda Item No_____12______ PARTNERSHIP OF MARITIME AUTHORITIES IN NORFOLK & SUFFOLK Summary: NNDC’s Coastal Management team provides an effective and efficient service both in the implementation of coast protection schemes of works and in the development of innovative approaches to coastal change management. Sustaining that for the future depends upon the availability of financial resources but also on the recruitment and retention of suitably qualified and experienced staff. The Coastal Management Teams working within the Norfolk and Suffolk Maritime Local Authorities (MLAs) share the same pressures caused by accelerating coastal change, constrained funding and limited staff resource. In February/ March 2015, North Norfolk District Council, Great Yarmouth Borough Council (GYBC), Suffolk Coastal District Council and Waveney District Council Cabinets resolved to develop a suitable partnership model to address these shared issues and sustain the high levels of service in the future. Following the exploration of various partnership models in consultation with a wide range of internal and external stakeholders, this report recommends a joint Norfolk and Suffolk Coastal Management shared services team. This team would work as an equitable partnership, overseen by a formal governance structure. This would enable resources to be managed more effectively and with a higher degree of efficiency, resulting in more positive, sustainable outcomes for our communities in the long term. Options considered: The principle of developing a case for a ‘coastal management partnership’ was agreed by Cabinet in march 2015; different business models of how this can be achieved have been evaluated and the proposed model has been compared with the options of carrying on as is (‘do nothing’) or ‘doing less’. Conclusions: A new approach is required in order to ensure an efficient, resilient and sustainable Coastal Management service continues to be delivered in Norfolk and Suffolk. Developing an appropriate new partnership structure, with the right governance arrangements in place, will not only help make best use of the existing resource, skills and expertise but create a platform to maintain the high calibre of staff and increase the effectiveness of the Coastal Management Service. 63 Developing the capacity and expertise locally will enable informed decisions to be made about managing the coastline and provide better opportunities to access funding and support for coastal management schemes, projects and approaches. Recommendations: 1. That a Norfolk & Suffolk Coastal Management Team be established in partnership between North Norfolk District Council, Great Yarmouth Borough Council, Suffolk Coastal District Council and Waveney District Council. 2. That a Councillor Partnership Board and Operational Officer Group be created respectively to oversee and manage the work of the Norfolk & Suffolk Coastal Management Team. 3. That should secondment of staff be required that is arranged under Section 113 of the Local Government Act 1972. 4. That the initial decision on the delivery of support services for the partnership be delegated to the Chief Executive, in consultation with the relevant Cabinet Members. 5. That the detailed terms of the relevant Agreement and protocols, including the secondment of staff under Section 113 of the Local Government Act 1972 be delegated to the Chief Executive Officer, in consultation with the relevant Cabinet Members. Reasons for Recommendations: To plan for an effective and sustainable way of continuing to deliver a robust coastal management service for North Norfolk and the other partner authorities. LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere) Norfolk & Suffolk Coastal Management Team: A Case for Change Cabinet Member(s) Ward(s) affected Cllr A Fitch-Tillett and Cllr All Tom FitzPatrick Contact Officer, telephone number and email: R Young; 01262 516162; robert.young@north-norfolk.gov.uk 1. Introduction 1.1 There are significant and diverse challenges and opportunities faced by the Maritime Local Authority (MLA) Coastal Management teams working 64 across the Norfolk and Suffolk coasts. The demands for management of coastal change, from coast protection to adaptation, far outstrip the resources available and are driven by complex processes which act across and beyond the Norfolk and Suffolk borders. 1.2 Existing assets are under increasing pressure and the opportunities for larger scale projects are relatively scarce, partly through a reduction in funding available for such schemes. In addition, the funding for coastal management interventions is complex and increasingly specialist and individual MLAs have limited budgets and staff resource to develop the scale of projects that are needed to address the challenges we face. 1.3 Effective future delivery of the service depends not only upon the availability and efficient management of financial resources but also on the recruitment and retention of suitably qualified and experienced staff. 1.4 The Norfolk and Suffolk Coastal Management Teams are currently responsible for addressing similar challenges, processes and projects on a linked stretch of coastline. Each team has experienced and skilled staff but there has to-date been no formal mechanism for sharing resources between areas. 1.5 In March 2015 cabinet resolved: “to agree the principle of relevant maritime local authorities (NNDC, the Borough Council of Kings Lynn and West Norfolk, Great Yarmouth Borough Council, Suffolk Coastal District Council and Waveney District Council), working together to develop a suitable partnership model towards the establishment of a shared coastal management service; and for this to be brought before the Council for detailed consideration (by each council) later this year (targeted for late summer 2015).” 1.6 Cabinets in each of the four authorities (with the exception of the Borough Council of Kings Lynn and West Norfolk (BCKLWN)) consequently agreed to explore a collaborative approach to managing the coast across their frontages and to develop a suitable partnership model towards the establishment of a shared service. The local authorities have held further discussions in order to develop the business model and have agreed that it is in their mutual interests to progress the partnership arrangement. The intention is to establish the new partnership at the start of the next financial year. (BCKLWN has expressed interest in remaining involved in some way, perhaps as a nonvoting member of the Board, but not to enter into a formal arrangement at this point in time). 1.7 The reasons for seeking this new approach were aired in the previous report to Cabinet. Experience from other councils who have taken a joint approach is that it has enabled them to become more resilient and cost effective and to have built capacity to deliver more. Informal discussions with a wider range of organisations with coastal interests across Norfolk and Suffolk suggest the concept will be well received and indeed welcomed. 1.8 It has been agreed, between the potential partners, that the creation of a shared coastal team will help bolster resilience, by improving the opportunities for staff recruitment, retention and development; but other clear benefits also include: better utilisation of in-house expertise (rather than reliance on consultants); exploitation, rationalisation of and access to the most effective and efficient procedures, systems and processes of 65 the partner authorities (e.g. procurement); access to the breadth and depth of expertise (both in established specialist areas and innovative new approaches); being able to represent the combined interests to government and other key authorities; greater capacity to develop inhouse specialist skills (and systems) in a much more cost effective way. 2 REVIEW PROCESS 2.1 A Project Delivery Board, comprising senior officers from each MLA reviewed the possible models of shared service arrangements, recognising the lessons from the Suffolk Coastal and Waveney Partnership, along with other coastal partnerships in operation elsewhere in the UK, notably the Eastern Solent Coastal Partnership, the Fylde Partnership and the East Kent Coastal Partnership. The positive outcomes likely to accrue from adopting a similar approach across the Norfolk and Suffolk MLAs, are outlined below. a) Fostering collaboration between authorities, rather than competition between them can lead to more robust business cases being made for externally funded projects (perhaps delivered in multiple locations). b) Best practice can be shared across a wider team; for example, the rationalisation of, and access to, the most effective procurement procedures. c) The ability to transfer knowledge and experience between authorities (and learn from projects delivered in neighbouring areas), provides a better opportunity to improve project management and project implementation, encouraging innovation and efficiency. d) A potential to offer services to other organisations (including other MLAs), providing a fee-earning opportunity. e) Common issues and problems experienced along the coast can be addressed in collaboration, for example the challenges facing vulnerable coastal communities, where perhaps a new policy approach needs to be developed. f) The ability to share and utilise in-house experience and expertise rather than frequently having to ‘buying in’ from expensive consultants. g) A greater capacity to develop in-house specialist skills (and systems) in a much more cost effective way, with more opportunities for staff training, development, mentoring and career progression. h) The ability to represent the combined interests to government and other key authorities. i) Greater resilience in the services provided by a larger coastal team, with benefits to staff recruitment, retention, leave and sickness cover. 2.2 In summary, as demonstrated by existing similar cross-authority partnerships, forming a combined Coastal Management team would allow resources and expertise to be pooled and enhanced, best practice to be shared and efficiencies to be maximised. 2.3 Based on these compelling benefits, the recommendation is for the Norfolk and Suffolk MLAs to establish a shared services partnership to 66 jointly deliver coastal management services. The target for the implementation of the new structure would be April 2016. 3 THE PROPOSED BUSINESS MODEL 3.1 Having evaluated various potential partnership models, the recommendation is for the Norfolk & Suffolk Coastal Management Team to initially operate by agreement under Section 113 of the Local Government Act 1972. This is the same basis by which Suffolk Coastal and Waveney Officers currently operate to support both Councils and would see staff seconded, to work in any partner area or on any partner initiative, rather than transferred. 3.2 It is proposed that a Councillor ‘Partnership Board’ and an ‘Operational Officer Group’ be established to govern delivery of the Norfolk & Suffolk Coastal Management Team. 3.3 The Partnership Board will comprise relevant Cabinet Members from the four partner authorities, each with equal voting rights on decisions. The Board will provide the strategic direction for the Partnership, ensuring that each partner’s objectives are identified and achieved, agreeing annual partnership budgets, future delivery models and the vision. 3.4 The Operational Officer Group (OOG) will consist of one senior officer from each local authority. Alongside the Partnership Manager, the OOG will support the functions of the Partnership Board. The OOG will also provide operational guidance to the Partnership Manager, consider staffing matters and hold the Partnership Manager to account for delivery in their respective areas. 3.5 The Partnership Manager, appointed by the Partnership Board and OOG, will oversee and control the budget, scope, staffing, priorities and delivery of the new partnership. 3.6 In addition, it is proposed that a number of other stakeholders, including County Council representatives and the Environment Agency would be invited to attend Board Meetings as non-voting members, to ensure that there is co-ordination of work on strategic issues. 3.7 It is anticipated at this stage that one partner authority will provide the IT, HR and Finance support services to the partnership. This will ensure that the partnership and Partnership Manager can operate most efficiently and effectively. The initial decision as to which Council will provide these support functions has yet to be made and will be subject to further discussion and determination by the respective Chief Executives, in consultation with the relevant Cabinet Members. In reaching this decision, consideration will be given to each council’s desire, capacity and capability in fulfilling the necessary functions and meeting the needs of the new team (including IT, HR and finance). 3.8 Once established, any future decisions regarding the delivery of support services will then be made by the Partnership Manager, OOG and Partnership Board. 4 CONCLUSION 4.1 A new approach is required in order to ensure an efficient, resilient and sustainable Coastal Management service continues to be delivered in 67 Norfolk and Suffolk. Developing an appropriate new partnership structure, with the right governance arrangements in place, will not only help make best use of the existing resource, skills and expertise but create a platform to maintain the high calibre of staff and increase the effectiveness of the Coastal Management Service. 4.2 Developing the capacity and expertise locally will enable informed decisions to be made about managing the coastline and provide better opportunities to access funding and support for coastal management schemes, projects and approaches. 5 IMPLICATIONS AND RISKS 5.1 The establishment of a shared services team is intended to mitigate the impending risks faced by the future resilience of the service and to maintain its effectiveness. Any efficiencies achieved in cost-terms will enable the current investment programme to be delivered more effectively. 5.2 Concerns that the existing services may be compromised or diluted will be firmly addressed through the formal governance structure, whose purpose will be to give confidence to each partner authority that the service is being managed efficiently, effectively and equitably. A formal communications plan will also be implemented to highlight the benefits to key stakeholders. 5.3 As the partnership will be formed under a Section 113 agreement, there will be no detrimental impacts upon existing staff, who will retain their existing arrangements and continue to be closely consulted throughout the change management process. It is anticipated that the Partnership will be better placed to recruit any new staff than any of the authorities acting independently. 6 FINANCIAL IMPLICATIONS AND RISKS 6.1 It is anticipated that there will be a modest set-up cost to enable the partnership to be established, which will be shared across the MLAs from within existing resources. The level of such costs will be dependent on the implications of sharing existing IT and finance systems and so this will be a further consideration in the selection of the council with the ‘best fit’ to provide these services. 6.2 Although financial savings have been identified by other coastal partnerships, at this stage targets have not been set. The new partnership should, however, enable cost efficiencies in a number of areas, increasing capacity and enabling anticipated new projects to be delivered. 6.3 It is important to note that the partnership will not result in any one district subsidising another district area. All resource contributions made by each authority will be properly reflected in the level of service delivered to them by the team. 6.4 Officers will continue to be located in each participating local authority office, to retain local coastal knowledge and also relationships with the authority. Staff time and costs will be monitored and reported. As part of the Section 113 Agreement, existing terms and conditions will be 68 maintained. A detailed Change Management Process has been drafted for implementation once Cabinet approval has been given. 7 SUSTAINABILITY 7.1 No sustainability issues result from the contents of this report. 8 EQUALITY AND DIVERSITY 8.1 No equality or diversity issues result from the contents of this report. 9 SECTION 17 CRIME AND DISORDER CONSIDERATIONS 9.1 No crime or disorder issues result from the contents of this report. 69 13 Agenda Item No____________ REVIEW OF GAMBLING POLICY Summary: To seek Cabinet approval of the Council’s draft Gambling Licensing Policy (Statement of Principles) Options considered: In accordance with the requirements of the Gambling Act 2005 the Licensing Authority is required to publish a statement of policy every successive three year period Conclusions: Once the Cabinet formally approve the Policy and any written comments received during the consultation period have been considered it will be submitted to full Council for adoption whereupon the Policy will be advertised and duly published in line with Regulations. Recommendations: To recommend the draft policy to Full Council for adoption. Reasons for Recommendations: In accordance with the requirements of the Gambling Act 2005 the Licensing Authority is required to publish a statement of policy every successive three year period from the first appointed day, namely 31 January 2007. The Policy is now due to be revised to cover the next successive 3-year period from 31 January 2013 to 31 January 2016. LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere) Gambling Act 2005 Draft – Gambling Licensing Policy (Statement of Principles) Responses to consultation (none received at time of writing report) Cabinet Member(s) Ward(s) affected Cllr Judy Oliver All Contact Officer, telephone number and email: Gemma Faircloth, 01263 516139, gemma.faircloth@north-norfolk.gov.uk 1. Introduction 1.1 Section 349 of the Gambling Act 2005(“the Act”) requires all Licensing Authorities to prepare and publish a Statement of Principles in the form of the Gambling Licensing Policy (“the Policy”) that it proposes to apply in exercising its functions under the Act during the three year period to which the policy applies. 70 1.2 The Council’s Policy has been revised on two occasions since then and it is now time to revise this Policy to cover the next three year period: 31 January 2016 to 31 January 2019. 1.3 The Policy has been sent to the Chair of the Licensing and Appeals Committee and will be reported at the next Committee meeting on 16 November 2015, however in accordance with the Act Cabinet and Full Council must approve and adopt the Policy. 1.4 Cabinet is asked to note and approve the revisions made to the Policy and are advised that the document has been sent for formal consultation which ends 29 October 2015. 2. Background 2.1 The Act states that before each successive period of three years a Licensing Authority must prepare a statement of the principles that it proposes to apply in exercising its functions under this Act during that period and to publish a statement in accordance with Regulations. 2.2 In 2006 an Order came into force setting the First Appointed Day as 31 January 2007 with separate Regulations setting out the requirements as to the form and publication of a statement or a revision of that statement. 2.3 Section 349(2) of the Act states that a Licensing Authority shall review its statement policy from time to time and if it thinks it necessary in the light of that review, revise the statement and publish the revision before giving it effect. 2.4 The time has come again to review and revise the Policy to cover the fourth 3-year period: 31 January 2016 to 31 January 2019. Members are asked to approve the draft Gambling Licensing Policy. 2.5 In essence the draft Policy contains only minor amendments so that it accords with the revised Gambling Commission Guidance and to simplify and clarify specific paragraphs. The changes have been highlighted in the draft policy in Appendix 1. 3. Consultation 3.1 Formal public consultation was carried out for a period of 6 weeks. At the time of writing this report no written representations have been received, the consultation period ends on 29 October 2015. 4. Local Area Profiles 4.1 The Guidance issued by the Gambling Commission (Updated March 2015 and September 2015) introduces the concept of a local area profile (LAP). This is a means for Licensing Authorities to map out local areas of concern. The purpose of a LAP is to provide both licensing authorities and operators with a greater awareness of areas and the risk they present. There is no 71 requirement for an authority to have a LAP or, if they have a LAP, for it to be included in the policy. 4.2 The Guidance considers that an effective LAP is likely to take account of a wide range of factors, data and information held by the Licensing Authority and its partners. The Guidance states that an important element of preparing the LAP is proactive engagement with relevant partners that can have an input into mapping local risks in the area. It is not thought that it will be necessary for the Council at this stage to have a LAP. 4.3 However, if the Licensing authority develops a LAP, this will be contained in a separate document and made available in conjunction with the Policy. This will allow the document to be developed and amended without the need for full consultations 5 Conclusion 5.1 If the draft revised Policy is not approved or adopted then the current Policy will remain in force without these minor amendments, some of the paragraphs may not accord with the revised Guidance issued by the Gambling Commission. 5.2 If, however, Members approve the revised Policy with the minor amendments it will be compliant with the Guidance and will be up to date and fit for purpose. 6. Implications and Risks Only those highlighted above 7. Financial Implications and Risks There are no implications. 8. Sustainability There are no implications 9. Equality and Diversity There are no implications 10. Section 17 Crime and Disorder considerations Under s17 of the Crime and Disorder Act 1998 the Council has a duty to exercise its functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. 72 NORTH NORFOLK DISTRICT COUNCIL Gambling Licensing Policy (Statement of Principles) North Norfolk District Council Council Offices Holt Road Cromer NR27 9EN Telephone: 01263 516189 E-mail: licensing@north-norfolk.gov.uk www.northnorfolk.org Approved by Licensing Committee on: …………. 2015 Approved by Council on: ………….. 2015 73 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 North Norfolk District Council Gambling Act 2005 Statement of Principles Contents Item Part A - Overview 1. The licensing objectives Paragraph 1.0 2. Introduction 3. Declaration 4. Responsible Authorities 5. Interested parties 6. Exchange of information 7. Enforcement 8. Licensing authority functions Part B – Premises licences 1. General Principles Decision Making Definition of “premises” Gambling Commission‟s Relevant Access Provisions Premises „ready for gambling‟ Location Local Risk Assessments and Local Area Profile Planning Permission & Building Regulations Duplication with other regulatory regimes Licensing Objectives Conditions 2. Adult Gaming Centres 3. (Licensed) Family Entertainment Centres 4. Casinos 5. Bingo 6. Betting premises 7.Tracks 8. Application and Plans Travelling Fairs 9. Provisional Statements 10. Reviews Part C - Permits / Temporary and Occasional Use Notices 1. Unlicensed Family Entertainment Centre gaming machine permits 2. (Alcohol) Licensed premises gaming machine permits 3. Prize Gaming Permits 4. Club Gaming and Club Machines Permits 5. Temporary Use Notices 6. Occasional Use Notices 7. Lotteries Part D – committee, officer delegation and contacts 1. Committee decisions and scheme of delegation 2. Contacts Annexes Responsible Authorities Table of Delegation of Licensing Functions Gambling Licensing Policy 1 of 372 74 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 26.0 27.0 28.0 29.0 30.0 31.0 32.0 33.0 34.0 35.0 36.0 37.0 38.0 1 2 Formatted Table NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version This Statement of Licensing Principles was approved by North Norfolk District -2Council on 19 December 2012. All references to the Guidance refer to the Gambling Commission's Guidance for Local Authorities, 3rd Edition, published May 2009. Gambling Licensing Policy 2 of 372 75 TDLIGA12 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 PART A OVERVIEW 1.0 The Licensing Objectives 1.1 In exercising most of their functions under the Gambling Act 2005 (hereafter referred to as the Act), licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are: Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime Ensuring that gambling is conducted in a fair and open way Protecting children and other vulnerable persons from being harmed or exploited by gambling Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 1.2 It should be noted that the Gambling Commission has stated: “The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling”. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 1.3 This licensing authority is aware that, as per Section 153 of the Act, in making decisions about premises licences and temporary use notices it should aim to permit the use of premises for gambling in so far as it thinks it: In accordance with any relevant code of practice issued by the Gambling Commission in accordance with any relevant guidance issued by the Gambling Commission reasonably consistent with the licensing objectives in accordance with the authority‟s statement of licensing policy Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 2.0 Introduction 2.1 North Norfolk District Council is situated in the County of Norfolk, which contains seven District Councils in total. The Council area has a population of approximately 989,0800 covering an area of 400 square miles making it one of the smaller districts in Norfolk. The Council‟s area is mainly rural/coastal. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 2.2 The Mmainstays of North Norfolk‟s economies are tourism, agriculture and service industries. The majority of these sectors have suffered decline in employment and are prone to cyclical and seasonal variations. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 2.3 Licensing authorities are required by the Gambling Act 2005 to publish a statement of the principles which they propose to apply when exercising their functions. This statement must be published at least every three Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 3 of 372 76 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 years. The statement must also be reviewed from “time to time” and any amended parts re-consulted upon. The statement must be then republished. The Council‟s first gambling policy was adopted on 1st November 2006. 2.4 North Norfolk District Council, together with the other six licensing authorities in Norfolk, will consulted widely upon an updated policy statement in 2009 before finalising and publishing. this statement of principles before finalising and publishing. A list of persons who have been consulted is provided in Annex A. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm This updated version has been prepared in 2012, consulted upon prior to adoption in December 2012 2.5 The Gambling Act requires that the following parties are consulted by licensing authorities: The Chief Officer of Police One or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority‟s area One or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority‟s functions under the Gambling Act 2005 2.6 Our consultation took place between the ……2015 and ……2015 and followed HM Government Consultation Principles (published July 2012), which is available at; https://www.gov.uk/government/publications/consultation-principlesguidance 2.7 The full list of any comments made and the consideration by the Council of those comments will be available by request to the Public Protection Manager at the Council. 2.8 The policy was approved at a meeting of the Full Council on the ……and was published via the Council‟s website on the ……. 2.9 Should you have any comments as regards this statement of principles please send them via email or letter to; The Public Protection Manager Public Protection Team North Norfolk District Council Holt Road Cromer Norfolk NR27 9EN Gambling Licensing Policy 4 of 372 77 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 2.9 It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005. 3.0 Declaration 3.1 In producing the final statement, this Licensing Authority declares that it has had regard to the licensing objectives of the Gambling Act 2005, the gGuidance to local authorities issued by the Gambling Commission and any responses from those consulted on the statement. 4.0 Responsible Authorities 4.1 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are: the need for the body to be responsible for an area covering the whole of the licensing authority‟s area the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group Formatted: Indent: Left: 0 cm, Hanging: 1.24 cm, Tab stops: 1.25 cm, Left + Not at 3.49 cm 4.2 This Authority designates the Norfolk Local Safeguarding Children Board for this purpose. Formatted: Indent: Left: 0 cm, Hanging: 1.24 cm, Tab stops: 1.25 cm, Left + Not at 3.49 cm 4.3 The contact details of all the Responsible Authorities under the Gambling Act 2005 are attached at appendix 1Annex B. Formatted: Indent: Left: 0 cm, Hanging: 1.24 cm, Tab stops: 1.25 cm, Left + Not at 3.49 cm 5.0 Interested parties 5.1 Interested parties can make representations about licence applications or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 as follows: “For the purposes of this Part a person is an interested party in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the applications is made, the person; a) lives sufficiently close to the premises to be likely to be affected by the authorised activities b) has business interests that might be affected by the authorised activities Gambling Licensing Policy 5 of 372 78 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 1.27 cm, First line: 0 cm Formatted: Indent: First line: 0 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version c) represents persons who satisfy paragraph (a) or (b)” TDLIGA12 Formatted: Indent: First line: 0.52 cm 5.2 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party. The principles are: Each case will be decided upon its merits. This Authority will not apply a rigid rule to its decision making. It will consider the examples of considerations provided in the Gambling Commission‟s guidance for local authorities. It will also consider the Gambling Commission's guidance that "has business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices. Interested parties can be persons who are democratically elected such as councillors and MP‟s. No specific evidence of being asked to represent an interested person will be required as long as the Councillor/MP represent the wards likely to be affected. Likewise, parish councils likely to be affected will be considered to be interested parties. Other than these however, this Authority will generally require written evidence that a person/body (e.g. an advocate/relative) „represents‟ someone who either lives sufficiently close to the premises to be likely to be affected and/or has business interests that might be affected by the authorised activities. A letter from one of these persons, requesting the representation is sufficient. If individuals wish to approach councillors to ask them to represent their views then care should be taken that the councillors are not part of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the Councils Licensing Team 6.0 Exchange of Information 6.1 Licensing authorities are required to include in their statements the principles to be applied by the authority in exercising the functions under sections 29 and 30 of the Act with respect to the exchange of information between it and the Gambling Commission and the functions under section 350 of the Act with the respect to the exchange of information between it and the other persons listed in Schedule 6 to the Act. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 6.2 The principle that this Licensing Authority applies is that it will act in accordance with the provisions of the Gambling Act 2005 in its exchange of information which includes the provision that the Data Protection Act 1998 will not be contravened. The licensing authority will also have regard to any guidance issued by the Gambling Commission to local authorities on this matter, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Should any protocols be established as regards information exchange with other Gambling Licensing Policy 6 of 372 79 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 bodies then they will be made available. 7. Enforcement 7.1 Licensing authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified. 7.2 I. This Licensing Authority‟s principles are : Iit will be guided by the Gambling Commission‟s guidance for local authorities and will endeavour to be: Proportionate: regulators should only intervene when necessary: remedies should be appropriate to the risk posed and costs identified and minimised Accountable: regulators must be able to justify decisions and be subject to public scrutiny Consistent: rules and standards must be joined up and implemented fairly Transparent: regulators should be open and keep regulations simple and user friendly Targeted: regulations should be focused on the problem and minimise side effects II. 7.3 The As per the Gambling Commission‟s Guidance for local authorities this Licensing Authority will endeavour to avoid duplication with other regulatory regimes so far as possible. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, No bullets or numbering 7.4 This Licensing Authority has adopted and implemented a riskbased inspection programme will be risk-based and take into account;, based on: The licensing objectives Relevant codes of practice Guidance issued by the Gambling Commission, in particular at Part 36 This e statement of principles set out in this statement of licensing policy IV. 7.5 The main enforcement and compliance role for this Licensing Authority in terms of the Gambling Act 2005 is to ensure compliance with the premises licences and other permissions which it authorises. The Gambling Commission is the enforcement body for the operating and personal licences. It is also worth noting that concerns about manufacture, supply or repair of gaming Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, No bullets or numbering III. Gambling Licensing Policy 7 of 372 80 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, No bullets or numbering, Tab stops: Not at 3.81 cm Formatted: Indent: Left: 1.75 cm, First line: 0 cm, Bulleted + Level: 1 + Aligned at: 0.63 cm + Tab after: 1.27 cm + Indent at: 1.27 cm, Tab stops: 2.5 cm, List tab + Not at 1.27 cm Formatted: No bullets or numbering NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version machines are not dealt with by the licensing authority but should be notified to the Gambling Commission. V. This Licensing Authority also keeps itself informed of developments as regards the work of the Better Regulation Executive in its consideration of the regulatory functions of local authorities. VI. Bearing in mind the principle of transparency, this Licensing Authority‟s enforcement, compliance protocols or written agreements are available upon request to the Councils Licensing Team. Gambling Licensing Policy 8 of 372 81 TDLIGA12 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version 8. Licensing Authority functions 8.1 Licensing authorities are required under the Act to: be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences issue Provisional Statements regulate members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits issue Club Machine Permits to Commercial Clubs grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres receive notifications from alcohol licensed premises (under the Licensing Act 2003) for the use of two or fewer gaming machines issue Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises, under the Licensing Act 2003, where there are more than two machines register small society lotteries below prescribed thresholds issue Prize Gaming Permits receive and Endorse Temporary Use Notices receive Occasional Use Notices provide information to the Gambling Commission regarding details of licences issued (see section above on „information exchange‟) maintain registers of the permits and licences that are issued under these functions 8.2 It should be noted that licensing authorities are not involved in licensing remote gambling at all; this is regulated by the Gambling Commission via operating licences. TDLIGA12 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm PART B PREMISES LICENCES: CONSIDERATION OF APPLICATIONS 91. General Principles 9.1 Premises licences are subject to the requirements set-out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which are detailed in regulations issued by the Secretary of State. Licensing authorities are able to exclude default conditions and also attach others, where it is believed to be appropriate. Gambling Licensing Policy 9 of 372 82 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 (i)10.0 Decision making 10.1 This Licensing Authority is aware that in making decisions about premises licences it should aim to permit the use of premises for gambling in so far as it thinks it: in accordance with any relevant code of practice issued by the Gambling Commission in accordance with any relevant guidance issued by the Gambling Commission reasonably consistent with the licensing objectives in accordance with the authority‟s statement of licensing policy Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 10.2 It is appreciated that as per the Gambling Commission's Guidance for local authorities "moral objections to gambling are not a valid reason to reject applications for premises licences" (except as regards any 'no casino resolution' - see section on Casinos below – page 9) and also that un-met demand is not a criterion for a licensing authority. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm (ii)11.0 Definition of “premises” 11.1 In the Act, "premises" is defined as including "any place". Section 152 therefore prevents more than one premises licence applying to any place. But a single building could be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. This approach has been taken to allow large, multiple unit premises such as a pleasure park, pier, track or shopping mall to obtain discrete premises licences, where appropriate safeguards are in place. However, the Licensing Authority shall pay particular attention if there are issues about sub-divisions of a single building or plot and shall ensure that mandatory conditions relating to access between premises are observed. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 11.2 The Gambling Commission states in its guidance to licensing authorities that: “In most cases the expectation is that a single building/plot will be the subject of an application for a licence, for example, 32 High Street. But, that does not mean 32 High Street cannot be the subject of separate premises licences for the basement and ground floor, if they are configured acceptably. Whether different parts of a building can properly be regarded as being separate premises will depend on the circumstances. The location of the premises will clearly be an important consideration and the suitability of the division is likely to be a matter for discussion between the operator and the Licensing Officer. However, the Commission does not consider that areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions, can properly be regarded as different premises.” Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 10 of 372 83 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version 11.3 TDLIGA12 This Licensing Authority takes particular note of the Gambling Commission‟s Guidance to licensing authorities which states that: licensing authorities should take particular care in considering applications for multiple licences for a building and those relating to a discrete part of a building used for other (non-gambling) purposes. In particular they should be aware of the following: The third licensing objective seeks to protect children from being harmed by gambling. In practice that means not only preventing them from taking part in gambling, but also preventing them from being in close proximity to gambling. Therefore premises should be configured so that children are not invited to participate in, have accidental access to or closely observe gambling where they are prohibited from participating Entrances to and exits from parts of a building covered by one or more premises licences should be separate and identifiable so that the separation of different premises is not compromised and people do not “drift” into a gambling area. In this context it should normally be possible to access the premises without going through another licensed premises or premises with a permit Customers should be able to participate in the activity names on the premises licence Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm The guidance also gives a list of factors which the licensing authority should be aware of, which may include: Do the premises have a separate registration for business rates Is the premises‟ neighbouring premises owned by the same person or someone else? Can each of the premises be accessed from the street or a public passageway? Can the premises only be accessed from any other gambling premises? Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 11.5 This Authority will consider these and other relevant factors in making its decision, depending on all the circumstances of the case. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 12.0 The Gambling Commission’s relevant access provisions for each premises type are reproduced below: Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 12.1 Casinos 11.4 The principal access entrance to the premises must be from a street No entrance to a casino must be from premises that are used wholly or mainly by children and/or young persons No customer must be able to enter a casino directly from any other Gambling Licensing Policy 11 of 372 84 Formatted: Indent: Left: 1.5 cm Formatted: Indent: First line: 0.75 cm Formatted: Indent: First line: 0 cm Formatted: Indent: Hanging: 0.4 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version premises which holds a gambling premises licence Gambling Licensing Policy 12 of 372 85 TDLIGA12 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version 12.2 Adult Gaming Centre 12.3 No customer must be able to access the premises directly from: o a casino o an adult gaming centre o a betting premises, other than a track The Gambling Commission‟s guidance to licensing authorities contains further guidance on this issue, which this Authority will also take into account in its decision-making. (iii)13.0 13.1 No customer must be able to access the premise directly from: o a casino o an adult gaming centre o a betting premises, other than a track Family Entertainment Centre 12.7 No customer should be able to access the premises directly from: o a casino o an adult gaming centre Bingo Premises 12.6 Access must be from a street or from another premises with a betting premises licence No direct access from a betting shop to another premises used for the retail sale of merchandise or services. In effect there cannot be an entrance to a betting shop from a shop of any kind and you could not have a betting shop at the back of a café – the whole area would have to be licensed. Tracks 12.5 No customer must be able to access the premises directly from any other licensed gambling premises Betting Shops 12.4 TDLIGA12 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Premises “ready for gambling” The guidance states that a licence to use premises for gambling should only be issued in relation to premises that the licensing authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alterations required Gambling Licensing Policy 13 of 372 86 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 before the premises are brought into use. 13.2 If the construction of a premises is not yet complete, if they need alteration or if the applicant does not yet have a right to occupy them, then an application for a provisional statement should be made instead. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 13.3 In deciding whether a premises licence can be granted where there is are outstanding construction or alteration works at a premises, this Authority will determine applications on their merits by applying a two stage consideration process: First - whether the premises ought to be permitted to be used for gambling Second - whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in the state in which they ought to be before gambling takes place Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Applicants should note that this Authority is entitled to decide that it is appropriate to grant a licence, subject to conditions, but it is not obliged to grant such a licence. More detailed examples of the circumstances in which such a licence may be granted can be found in the Gambling Commission guidance. (iv)14.0 14.1 Location This Licensing Authority is aware that demand issues cannot be considered with regard to the location of premises but that considerations in terms of the licensing objectives are relevant to its decision-making. As per the Gambling Commission‟s guidance for local authorities, this Authority will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder. Should any specific policy be decided upon as regards areas where gambling premises should not be located, this statement will be updated. It should be noted that any such policy does not preclude any application being made and each application will be decided on its merits, with the onus upon the applicant showing how potential concerns can be overcome. 15.0 Local Area Profiling 15.1 Formatted: Font: Not Bold th The Social Responsibility Code (10.1.1), which comes into effect on the 6 April 2016 requires licensees to assess the local risks to the licensing objectives posed by their gambling operations at each of their premises, and have policies, procedures and control measures to mitigate those risks. Additionally, applicants will have to undertake a local assessment Gambling Licensing Policy Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 14 of 372 87 Formatted: Underline, Superscript Formatted: Underline Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Font: Not Bold, Underline Formatted: Underline NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 when applying for a new or variation of a premises licence, to take account of significant changes in the local circumstances or when there are significant at the licensee‟s premises. 15.2 The Licensing Authority is aware that there is no mandatory requirement to have a local area profile but recognises that one may offer a number of benefits. Should evidence be obtained to identify local risk areas then these will be reflected in a separate document and made available from the Public Protection Team and on the Council‟s website. 15.3 Enquiries with relevant organisations have not revealed any data to suggest that there are any areas within the District that could be identified as a risk. (However, should the consultation reveal such data then this paragraph will be updated.) Formatted: Font: Italic Formatted: Font: Italic Formatted: Underline (v)16.0 Planning The Gambling Commission guidance to licensing authority‟s states: 16.1 In determining applications the licensing authority has a duty to take into consideration all relevant matters and not to take into consideration any irrelevant matters, i.e. those not related to gambling and the licensing objectives. One example of an irrelevant matter would be the likelihood of the applicant obtaining planning permission or building regulations approval for their proposal. 16.2 The Licensing Authority is aware that a premises licence, once it comes into effect, authorises premises to be used for gambling. Accordingly, a licence to use premises for gambling should only be issued in relation to premises that the licensing authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of the building or alterations required before the premises are brought into use. (Equally, licences should only be issued where they are expected to be used for the gambling activity named on the licence.) This Authority will not take into account irrelevant matters as per the above guidance. In addition this Authority notes the following excerpt from the guidance: “When dealing with a premises licence application for finished buildings, the licensing authority should not take into account whether those buildings have or comply with the necessary planning or building consents. Those matters should be dealt with under relevant planning control and building regulation powers, and not form part of the consideration for the premises licence. Section 210 of the 2005 Act prevents licensing authorities taking into account the likelihood of the proposal by the applicant obtaining planning or building consent when Gambling Licensing Policy 15 of 372 88 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 considering a premises licence application. Equally the grant of a gambling premises licence does not prejudice or prevent any action that may be appropriate under the law relating to planning or building.” (vi)17.0 17.1 Duplication with other regulatory regimes This Licensing Authority seeks to avoid any duplication with other statutory/regulatory systems where possible, including planning. This Authority will not consider whether a licence application is likely to be awarded planning permission or building regulations approval, in its consideration of it. It will though, listen to and consider carefully, any concerns about conditions which are not able to be met by licensees due to planning restrictions, should such a situation arise. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm When dealing with a premises licence application for finished buildings, this authority will not take into account whether those buildings have to comply with the necessary planning or buildings consents. Fire or health and safety risks will not be taken into account, as these matters are dealt with under relevant planning control, buildings and other regulations and must not form part of the consideration for the premises licence. 18.0 Licensing objectives - 18.1 Premises licences granted must be reasonably consistent with the licensing objectives. With regard to these objectives, this licensing authority has considered the Gambling Commission‟s Guidance to local authorities and some comments are made below. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 18.2 Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime. This Licensing Authority is aware that the Gambling Commission takes a leading role in preventing gambling from being a source of crime. The Gambling Commission's guidance does however envisage that licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective. Thus, where an area has known high levels of organised crime this authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable, such as, the provision of door supervisors. This Licensing Authority is aware of the distinction between disorder and nuisance and will consider factors (for example whether police assistance was required and how threatening the behaviour was to those who could see it) so as to make that distinction. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 18.3 Ensuring that gambling is conducted in a fair and open way. - This Licensing Authority has noted that the Gambling Commission states that it Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 16 of 372 89 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 generally does not expect licensing authorities to be concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed via operating and personal licences. 18.4 Protecting children and other vulnerable persons from being harmed or exploited by gambling. - This Licensing Authority has noted the Gambling Commission's guidance for local authorities states that this objective means preventing children from taking part in gambling (as well as restriction of advertising so that gambling products are not aimed at or are, particularly attractive to children). The licensing authority will therefore consider, as suggested in the Gambling Commission's guidance, whether specific measures are required at particular premises, with regard to this licensing objective. Appropriate measures may include supervision of entrances/machines, segregation of areas etc. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm This Licensing Authority is also aware of the Gambling Commission Codes of Practice as regards this licensing objective, in relation to specific premises. As regards the term “vulnerable persons” it is noted that the Gambling Commission does not seek to offer a definition but states that “it will for regulatory purposes assume that this group includes people who gamble more than they want to; people who gambling beyond their means; and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.” This Licensing Authority will consider this licensing objective on a case by case basis. Formatted: Indent: Left: 1.27 cm 19.0 Conditions - 19.1 Any conditions attached to licences will be proportionate and will be: relevant to the need to make the proposed building suitable as a gambling facility directly related to the premises and the type of licence applied for fairly and reasonably related to the scale and type of premises reasonable in all other respects 19.2 Decisions upon individual conditions will be made on a case by case basis, although there will be a number of measures this Licensing Authority will consider utilising should there be a perceived need, such as the use of supervisors, appropriate signage for adult only areas etc. There are specific comments made in this regard under some of the licence types below. This Licensing Authority will also expect the licence applicant to offer his/her own suggestions as to way in which the licensing objectives can be met effectively. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 19.3 This Licensing Authority will also consider specific measures which may Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 17 of 372 90 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 be required for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances; segregation of gambling from non-gambling areas frequented by children; and the supervision of gaming machines in non-adult gambling specific premises in order to pursue the licensing objectives. These matters are in accordance with the Gambling Commission's guidance. 19.4 This Authority will also ensure that where category C or above machines are on offer in premises to which children are admitted: all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance only adults are admitted to the area where these machines are located access to the area where the machines are located is supervised the area where these machines are located is arranged so that it can be observed by the staff or the licence holder at the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 1.27 cm These considerations will apply to premises including buildings where multiple premises licences are applicable. 19.5 This Licensing Authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's guidance, this Licensing Authority will consider the impact upon the third licensing objective and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 19.6 It is noted that there are conditions which the licensing authority cannot attach to premises licences which are: any condition on the premises licence which makes it impossible to comply with an operating licence condition conditions relating to gaming machine categories, numbers, or method of operation conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated conditions in relation to stakes, fees, winning or prizes Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 19.7 Door Supervisors The Gambling Commission advises in its guidance for local authorities Gambling Licensing Policy 18 of 372 91 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 that Iif athe licensing authority is concerned that a premises may attract disorder or be subject to attempts at unauthorised access (for example by children and young persons) then it may require that the entrances to the premises are controlled by a door supervisor, and is entitled to impose a condition on the premises licence to this effect. Where it is decided that supervision of entrances/machines is appropriate for particular cases, a consideration of whether these need to be SIA licensed or not will be necessary. It will not be automatically assumed that they need to be licensed, as the statutory requirements for different types of premises vary (as per the guidance) 20.0 Adult Gaming Centres 20.1 This Licensing Authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to, for example, ensure that under 18 year olds do not have access to the premises. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 20.2 This Licensing Authority may consider measures to meet the licensing objectives such as: Proof of age schemes CCTV Supervision of entrances / machine areas Physical separation of areas Location of entry Notices / signage Specific opening hours Self-exclusion schemes Provision of information leaflets/helpline numbers for organisations such as GamCare Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm This list is not mandatory or exhaustive and is merely indicative of example measures. Formatted: Indent: Left: 1.27 cm 3.21.0 (Licensed) Family Entertainment Centres: 21.1 This Licensing Authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas. 21.2 This Licensing Authority may consider measures to meet the licensing Gambling Licensing Policy 19 of 372 92 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 objectives such as: CCTV Supervision of entrances/machine areas Physical separation of areas Location of entry Notices/signage Specific opening hours Self-exclusion schemes Provision of information leaflets/helpline numbers for organisations such as GamCare Measures/training for staff on how to deal with suspected truant school children on the premises This list is not mandatory or exhaustive and is merely indicative of example measures. Formatted: Indent: Left: 1.27 cm This Licensing Authority will, as per the Gambling Commission‟s guidance, refer to the Commission‟s website to see any conditions that apply to operating licences covering the way in which the area containing the category C machines should be delineated. This Licensing Authority will also make itself aware of any mandatory or default conditions on these premises licences, when they have been published. 4.22.0 Casinos 22.1 This Licensing Authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 22.2 This Licensing Authority may consider measures to meet the licensing objectives such as: CCTV Supervision of entrances/machine areas Physical separation of areas Location of entry Notices/signage Specific opening hours Self-exclusion schemes Provision of information leaflets/helpline numbers for organisations such as GamCare Measures/training for staff on how to deal with suspected truant school children on the premises Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 20 of 372 93 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version This list is not mandatory or exhaustive and is merely indicative of example measures. TDLIGA12 Formatted: Indent: Left: 1.27 cm This Licensing Authority will, as per the Gambling Commission‟s guidance, refer to the Commission‟s website to see any conditions that apply to operating licences covering the way in which the area containing the category C machines should be delineated. This Licensing Authority will also make itself aware of any mandatory or default conditions on these premises licences, when they have been published. 5.23.0 Bingo premises This Licensing Authority notes that the Gambling Commission‟s guidance states: Licensing authorities will need to satisfy themselves that bingo can be played in any bingo premises for which they issue a premises licence. This will be a relevant consideration where the operator of an existing bingo premises applies to vary their licence to exclude an area of the existing premises from its ambit and then applies for a new premises licence, or multiple licences, for that or those excluded areas. This Authority also notes the guidance regarding the unusual circumstances in which the splitting of a pre-existing premise into two adjacent premises might be permitted, in particular that it is not permissible to locate sixteen category B3 gaming machines in one of the resulting premises, as the gaming machine entitlement for that premises would be exceeded. 23.1 Children and young people are allowed into bingo premises; however they are not permitted to participate in the bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 6.24.0 Betting premises 24.1 Betting machines -– A ‘betting machine’ is not a gaming machine and the Council is aware that it can attach a condition to restrict the number of betting machines. This Licensing Authority will, as per the Gambling Commission's guidance, take into account the size of the premises, the number of counter positions available for person-to-person transactions and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer. Gambling Licensing Policy 21 of 372 94 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 7.25.0 Tracks 25.1 This Licensing Authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's guidance, this Licensing Authority will especially consider the impact upon the third licensing objective (i.e. the protection of children and vulnerable persons from being harmed or exploited by gambling) and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 25.2 This Authority will therefore expects the premises licence applicant to demonstrate suitable measures to ensure that children do not have access to adult only gaming facilities. It is noted that children and young persons will be permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, but that they are still prevented from entering areas where gaming machines (other than category D machines) are provided. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 25.3 This Licensing Authority may consider measures to meet the licensing objectives such as: Proof of age schemes CCTV Supervision of entrances/machine areas Physical separation of areas Location of entry Notices/signage Specific opening hours Self-exclusion schemes Provision of information leaflets/helpline numbers for organisations such as Game Care Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm This list is not mandatory or exhaustive and is merely indicative of example measures. Formatted: Indent: Left: 1.27 cm 25.4 Gaming machines – Where the applicant holds a pool betting operating licence and is going to use the entitlement to four gaming machines, machines (other than category D machines) should be located in areas from which children are excluded. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 25.5 Betting machines - This Licensing Authority will, as per the Gambling Commission's guidance, take into account the size of the premises and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 22 of 372 95 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 people, when considering the number/nature/circumstances of betting machines an operator proposes to offer. 26.0Applications and plans 26.1 Section 51 of the The Gambling Act (s51) requires applicants to submit plans of the premises with their application, in order to ensure that the licensing authority has the necessary information to make an informed judgement about whether the premises are fit for gambling. The plan will also be used for the licensing authority to plan future premises inspection activity. (See guidance to licensing authorities). Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 26.2 Plans for tracks do not need to be in a particular scale but should be drawn to scale and should be sufficiently detailed to include the information required by regulations. (See guidance to licensing authorities). Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 26.3 Some tracks may be situated on agricultural land where the perimeter is not defined by virtue of an outer wall or fence, such as point-to-point racetracks. In such instances, where an entry fee is levied, track premises licence holders may erect temporary structures to restrict access to premises (See guidance to licensing authorities). Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 26.4 In the rare cases where the outer perimeter cannot be defined, it is likely that the track in question will not be specifically designed for the frequent holding of sporting events or races. In such cases betting facilities may be better provided through occasional use notices where the boundary premises do not need to be defined. (See guidance to licensing authorities). Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 26.5 This Authority appreciates that it is sometimes difficult to define the precise location of betting areas on tracks. The precise location of where betting facilities are provided is not required to be shown on track plans, both by virtue of the fact that betting is permitted anywhere on the premises and because of the difficulties associated with pinpointing exact locations for some types of track. Applicants should provide sufficient information that this authority can satisfy itself that the plan indicates the main areas where betting might take place. For racecourses in particular, any betting areas subject to the “five times rule” (commonly known as betting rings) must be indicated on the plan. (See guidance to licensing authorities). It is appreciated that racecourses may need the flexibility to provide different facilities on different days without the need to vary the licence and this will be reflected in the application process. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 23 of 372 96 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 8.27.0 Travelling Fairs 27.1 This Licensing Authority is responsible for deciding whether (where category D machines and/or equal chance prize gaming without a permit is to be made available for use at travelling fairs) the statutory requirement that the facilities for gambling amount to no more than an ancillary amusement at the fair is met and will also consider whether the applicant falls within the statutory definition of a travelling fair. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 27.2 It is noted that the 27-day statutory maximum for the land being used as a fair applies on a per calendar year basis and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This Licensing Authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 9.28.0 Provisional Statements 28.1 Developers may wish to apply to this Authority for provisional statements before entering into a contract to buy or lease property or land to judge whether a development is worth taking forward in light of the need to obtain a premises licence. There is no need for the applicant to hold an operating licence in order to apply for a provisional statement. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 28.2 Section 204 of the Gambling Act provides for a person to make an application to the licensing authority for a provisional statement in respect of premises that he or she: expects to be constructed expects to be altered expects to acquire a right to occupy Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 28.3 The process for considering an application for a provisional statement is the same as that for a premises licence application. The Applicant is obliged to give notice of the application in the same way as applying for a premises licence. Responsible authorities and interested parties may make representations and there are rights of appeal. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 28.4 In contrast to the premises licence application, the Applicant does not have to hold or have applied for an operating licence from the Gambling Commission and they do not have to have a right to occupy the premises in respect of which their provisional application is made. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 28.5 The holder of a provisional statement may then apply for a premises licence once the premises are constructed, altered or acquired. The Licensing Authority will be constrained in the matters it can consider when Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 24 of 372 97 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 determining the premises licence application, and in terms of representations about premises licence applications that follow the grant of a provisional statement, no further representations from relevant authorities or interested parties can be taken into account unless: they concern matters which could not have been addressed at the provisional statement stage they reflect a change in the applicant‟s circumstances 28.6 In addition, the authority may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters: which could not have been raised by objectors at the provisional statement stage which in the authority‟s opinion reflect a change in the operator‟s circumstances where the premises has not been constructed in accordance with the plan submitted with the application. This must be a substantial change to the plan and this Licensing Authority notes that it can discuss any concerns it has with the Applicant before making a decision 10.29.0 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Reviews 29.1 Requests for a review of a premises licence can be made by interested parties or responsible authorities; however, it is for the licensing authority to decide whether the review is to be carried-out. This will be on the basis of whether the request for the review is relevant to the matters listed below: in accordance with any relevant code of practice issued by the Gambling Commission in accordance with any relevant guidance issued by the Gambling Commission reasonably consistent with the licensing objectives in accordance with the authority‟s statement of licensing policy Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 29.2 The request for the review will also be subject to the consideration by the authority as to whether the request is frivolous, vexatious, or whether it will certainly not cause this authority to wish to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or requests for review. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 29.3 The licensing authority can also initiate a review of a particular premises licence, or a particular class of premises licence on the basis of any reason which it thinks is appropriate. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 29.4 Once a valid application for a review has been received by the licensing Gambling Licensing Policy 25 of 372 98 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 authority, representations can be made by responsible authorities and interested parties during a 28 day period. This period begins 7 days after the application was received by the licensing authority, who will publish notice of the application within 7 days of receipt. 29.5 The licensing authority must carry out the review as soon as possible after the 28 day period for making representations has passed. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 29.6 The purpose of the review will be to determine whether the licensing authority should take any action in relation to the licence. If action is justified, the options open to the licensing authority are: add, remove or amend a licence condition imposed by the licensing authority exclude a default condition imposed by the Secretary of State (e.g. opening hours) or remove or amend such an exclusion suspend the premises licence for a period not exceeding three months revoke the premises licence Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 29.7 In determining what action, if any, should be taken following a review, the licensing authority must have regard to the principles set out in section 153 of the Act, as well as any relevant representations. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 29.8 In particular, the licensing authority may also initiate a review of a premises licence on the grounds that a premises licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 29.9 Once the review has been completed, the licensing authority must, as soon as possible, notify its decision to: the licence holder the applicant for review (if any) the Commission any person who made representations the chief officer of police or chief constable Her Majesty‟s Commissioners for Revenue and Customs Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm PART C PERMITS / TEMPORARY & OCCASIONAL USE NOTICE 1.30.0 Unlicensed Family Entertainment Centre gaming machine permits (Statement of Principles on Permits - Schedule 10 paragraph 7) Gambling Licensing Policy 26 of 372 99 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 30.1 Where a premise does not hold a premises licence but wishes to provide gaming machines, it may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238). Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 30.2 The Gambling Act 2005 states that a licensing authority may prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 25. The Gambling Commission‟s guidance to licensing authorities also states: “In their three year licensing policy statement, licensing authorities may include a statement of principles that they propose to apply when exercising their functions in considering applications for permits, licensing authorities will want to give weight to child protection issues." (24.6) Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Guidance also states: “An application for a permit may be granted only if the licensing authority is satisfied that the premises will be used as an unlicensed FEC, and if the chief officer of police has been consulted on the application. Licensing authorities might wish to consider asking applications to demonstrate: a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act that staff are trained to have a full understanding of the maximum stakes and prizes 30.3 It should be noted that a licensing authority cannot attach conditions to this type of permit. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 30.4 This Licensing Authority has adopted the following Statement of Principles, in respect of unlicensed FECs: Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 30.5 The licensing authority will expect the applicant to show that there are policies and procedures in place to protect children from harm. Such policies/procedures will be considered on their merits; however, they may include appropriate measures on staff training on how to deal with suspected truancy, how to deal with unsupervised very young children being on the premises and children causing problems around the premises. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 30.6 The licensing authority will also expect the applicants demonstrate a full understanding of the maximum stakes and prizes of the gambling that is Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 27 of 372 100 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 permissible in unlicensed FECs, and that staff are trained to have a full understanding of the maximum stakes and prizes. 30.7 The Licensing Authority will require the following to be submitted in addition to the application form and fee: Proof of the applicant‟s identity and age Proof of the applicant‟s right to occupy the premises for which the permit is sought (Where the applicant is an individual) a „basic‟ Criminal Records Bureau (CRB) disclosure dated no earlier than one calendar month on the day the application is received by the licensing authority. Holders of operating licences issued by the Gambling Commission are exempt from this requirement An insurance certificate (or certified copy) confirming the availability of public liability insurance covering the proposed activity A plan scale 1:100 of the premises showing: o The boundary of the premises including any internal and external walls, entrances, exits, doorways and windows, and indicating the points of access available to the public o The location of any fixed or temporary structures o The location of any counters, booths, offices or other locations from which staff may monitor the activities of persons on the premises o The location of any public toilets within the boundary of the premises o The location of CCTV cameras o The location of any ATM or other cash/change machines o The proposed location of the Category „D‟ machines o Details of non category „D‟ machines (e.g. skill with prizes machines) Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 2.31.0 (Alcohol) Licensed premises gaming machine permits (Schedule 13 paragraph 4(1)) 31.1 Formatted: Font: Not Bold Automatic entitlement: 2 machines There is provision in the Act for premises licensed to sell alcohol for consumption on the premises to automatically have 2 gaming machines, of categories C and/or D. The premises merely need to notify the licensing authority. 31.2 The licensing authority can remove the automatic authorisation in respect of any particular premises if: provision of the machines is not reasonably consistent with the pursuit Gambling Licensing Policy 28 of 372 101 Formatted: Indent: Left: 0.63 cm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version 31.3 31.4 TDLIGA12 of the licensing objectives gaming has taken place on the premises that breaches a condition of section 282 of the Gambling Act (i.e. that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with) the premises are mainly used for gaming an offence under the Gambling Act has been committed on the premises Permit: 3 or more machines If a premises wishes to have more than 2 machines, then it needs to apply for a permit and the licensing authority must consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission issued under Section 25 of the Gambling Act 2005, and “such matters as they think relevant.” Formatted: Indent: Left: 1.27 cm This Licensing Authority considers that “such matters” will be decided on a case by case basis but generally there will be regard to the need to protect children and vulnerable persons from harmed or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machines. Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff that will monitor that the machines are not being used by those under 18. Notices and signage may also be help. As regards the protection of vulnerable persons, applicants may wish to consider the provision of information leaflets/helpline numbers for organisations such as GamCare. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm It is recognised that some alcohol licensed premises may apply for a premises licence for their non-alcohol licensed areas. Any such application would most likely need to be applied for, and dealt with as an Adult Gaming Centre premises licence. 31.5 It should be noted that the licensing authority can decide to grant the application with a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 31.6 It should also be noted that the holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 29 of 372 102 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 32.0. Prize Gaming Permits 32.1 The Gambling Act 2005 states that a licensing authority may “prepare a statement of principles that they propose to apply in exercising their functions under this Schedule” which “may, in particular, specify matters that the licensing authority proposes to consider in determining the suitability of the applicant for a permit”. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 32.2 This Licensing Authority has prepared a Statement of Principles which is that the applicant should set out the types of gaming that he or she is intending to offer and that the applicant should be able to demonstrate: that they understand the limits to stakes and prizes that are set out in Regulations that the gaming offered is within the law clear policies that outline the steps to be taken to protect children from harm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 32.3 The licensing authority shall also require (where the applicant is an individual) a „basic‟ Criminal Records Bureau (CRB) disclosure dated no earlier than one calendar month on the day the application is received by the licensing authority. Holders of operating licences issued by the Gambling Commission are exempt from this requirement. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 32.4 In making its decision on an application for this permit the licensing authority does not need to (but may) have regard to the licensing objectives but must have regard to any Gambling Commission guidance. (Gambling Act 2005, Schedule 14 paragraph 8(3)) Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 32.5 It should be noted that there are conditions in the Gambling Act 2005 by which the permit holder must comply, but that the licensing authority cannot attach conditions. The conditions in the Act are: the limits on participation fees, as set out in regulations, must be complied with all chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played the prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if nonmonetary prize) participation in the gaming must not entitle the player to take part in any other gambling Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 30 of 372 103 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 4.33.0 Club Gaming and Club Machines Permits 33.1 Members Clubs and Miners‟ welfare institutes (but not Commercial Clubs) may apply for a Club Gaming Permit or a Clubs Gaming machines permit. The Club Gaming Permit will enable the premises to provide gaming machines (3 machines of categories B, C or D), equal chance gaming and games of chance as set-out in forthcoming regulations. A Club Gaming machine permit will enable the premises to provide gaming machines (3 machines of categories B, C or D). Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Commission guidance states: "Members clubs must have at least 25 members and be established and conducted “wholly or mainly” for purposes other than gaming, unless the gaming is permitted by separate regulations. The Secretary of State has made regulation and these cover bridge and whist clubs. A members‟ club must be permanent in nature, not established to make commercial profit, and controlled by its members equally. Examples include working men‟s clubs, branches of Royal British Legion and clubs with political affiliations." 33.2 The Gambling Commission guidance also notes that lLicensing authorities may only refuse an application on the grounds that: the applicant does not fulfil the requirements for a members‟ or commercial club or miners‟ welfare institute and therefore is not entitled to receive the type of permit for which it has applied the applicant‟s premises are used wholly or mainly by children and/or young persons an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities a permit held by the applicant has been cancelled in the previous ten years an objection has been lodged by the Commission or the police Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 33.3 There is also a „fast-track‟ procedure available under the Act for premises which hold a Club Premises Certificate under the Licensing Act 2003 (Schedule 12 paragraph 10). As the Gambling Commission‟s Guidance for local authorities states: "Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the police, and the ground upon which an authority can refuse a permit are reduced." and "The grounds on which an application under the process may be refused are: that the club is established primarily for gaming, other than gaming prescribed under schedule 12 that in addition to the prescribed gaming, the applicant provides facilities for other gaming that a club gaming permit or club machine permit issued to the Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 31 of 372 104 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 applicant in the last ten years has been cancelled 33.4 There are statutory conditions on club gaming permits that no child uses a category B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 5.34.0 Temporary Use Notices 34.1 Temporary use notices allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a temporary use notice, according the Gambling Commission, would include hotels, conference centres and sporting venues. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 34.2 The licensing authority can only grant a temporary use notice to a person or company holding a relevant operating licence, i.e. a non-remote casino operating licence. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Gambling Licensing Policy 32 of 372 105 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 The Secretary of State has the power to determine what form of gambling can be authorised by temporary use notices, and at the time of writing this Statement the relevant regulations (SI no 3157: The Gambling Act 2005 (Temporary Use Notices) Regulations 2007) state that temporary use notices can only be used to permit the provision of facilities or equal chance gaming, where the gaming is intended to produce a single winner, which in practice means poker tournaments. There are a number of statutory limits as regards temporary use notices. The meaning of "premises" in Part 8 of the Act is discussed in Part 7 of the Gambling Commission guidance to local authorities. As with "premises", the definition of "a set of premises" will be a question of fact in the particular circumstances of each notice that is given. In the Act "premises" is defined as including "any place". In considering whether a place falls within the definition of "a set of premises", the licensing authority needs to look at, amongst other things, the ownership/occupation and control of the premises. This Licensing Authority expects to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises, as recommended in the Gambling Commission‟s guidance to local authorities. 6.35.0 Occasional Use Notices 35.1 The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded. This Licensing Authority will though consider the definition of a „track‟ and whether the applicant is permitted to avail him/herself of the notice. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 736.0. Small Society Lotteries 36.1 The licensing authority will register and administer smaller noncommercial lotteries and applicants for lottery licences must apply to the licensing authority in the area where their principal office is located. 36.2 The Licensing Authority must be satisfied that the „society‟ is established and conducted; for charitable purposes (as defined in S2 of the Charities Act 2006); for the purpose of enabling participation in, or of supporting, sport, athletics or a cultural nature activity; or for any other non-commercial purpose other than private gain. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Bulleted + Level: 1 + Aligned at: 1.92 cm + Indent at: 2.55 cm Formatted: Indent: Left: 1.27 cm In determining whether the Society is non-commercial the Licensing Gambling Licensing Policy 33 of 372 106 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 Authority may require applicants to provide copies of the society‟s constitution or terms of reference. Formatted: Indent: Left: 1.92 cm 36.3 For new applications, the licensing authority shall require the promoter of the lottery to produce a „basic‟ Criminal Records Bureau (CRB) disclosure dated no earlier than one calendar month on the day the application is received by the licensing authority. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 36.4 The licensing authority may refuse an application for registration if in their opinion: The applicant is not a non-commercial society A person who will or may be connected with the promotion of the lottery has been convicted of a relevant offence Information provided in or with the application for registration is false or misleading Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 36.5 Where the licensing authority intends to refuse registration of a Society, it will give the Society an opportunity to make representations and will inform the Society of the reasons why it is minded to refuse registration and supply evidence on which it has reached that preliminary conclusion. In any event, the licensing authority will make available on its web-site its procedures on how it handles representations. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 36.6 The licensing authority may revoke the registered status of a society if it thinks that they would have had to, or would be entitled to; refuse an application for registration if it were being made at that time. However, no revocations will take place unless the Society has been given the opportunity to make representations. The licensing authority will inform the society of the reasons why it is minded to revoke the registration and will provide an outline of the evidence on which it has reached that preliminary conclusion. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm PART D COMMITTEE, OFFICER DELEGATION AND CONTACTS 1.37.0 Committee decisions and scheme of delegation 37.1 The licensing authority is involved in a wide range of licensing decisions and functions and has established a Licensing Committee to administer them. Gambling Licensing Policy 34 of 372 107 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 37.2 Licensing Sub-Committees made up of three Councillors from the main Licensing Committee will sit to hear applications where representations have been received from interested parties and responsible authorities. Ward Councillors will not sit on a Sub-Committee involving an application within their ward. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 37.3 Where a Councillor who is a member of the Licensing Committee is making or has made representations regarding a licence on behalf of an interested party, in the interests of good governance they will disqualify themselves from any involvement in the decision making process affecting the licence in question. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 37.4 The Council‟s Licensing Officers will deal with all other licensing applications where either no representation have been received, or where representations have been received and it is agreed by the parties that a hearing is not necessary. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm Gambling Licensing Policy 35 of 372 108 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 37.5 Decisions as to whether representations are irrelevant, frivolous or vexatious will be made by Council Officers, who will make the decisions on whether representations or applications for licence reviews should be referred to the Licensing Committee or Sub-Committee. Where representations are rejected, the person making that representation will be given written reason as to why that is the case. There is no right of appeal against a determination that representations are not admissible. 37.6 The table shown at Appendix 2 sets out the agreed delegation of decisions and functions to Licensing Committee, Sub-Committee and Officers. Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm 37.7 This form of delegation is without prejudice to Officers referring an application to a Sub-Committee or Full Committee if considered appropriate in the circumstances of any particular case. Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm 2.38.0 Contacts 38.1 38.2 Further information about the Gambling Act 2005, this Statement of Licensing Policy or the application process can be obtained from:- Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm The Licensing Public Protection Team Council OfficesNorth Norfolk District Council Holt Road Cromer NR27 9EN Formatted: Indent: First line: 1.27 cm Tel: Fax: E-mail: Website: Formatted: Indent: First line: 1.27 cm 01263 516189 01263 514627 Public.Protectionlicensing@north-norfolk.gov.uk www.northnorfolk.org Field Code Changed Information is also available from:Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP Formatted: Indent: First line: 1.27 cm Tel: Fax: Website: Formatted: Indent: First line: 1.27 cm Gambling Licensing Policy 0121 230 6666 0121 230 6720 www.gamblingcommission.gov.uk 36 of 372 109 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 Appendix 1 RESPONSIBLE AUTHORITIES The Licensing Authority North Norfolk District Council Holt Road Cromer Norfolk NR27 9EN The Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP Tel: 01263 516189 Fax: 01263 514627 Email: Public. Protectionlicensing@northnorfolk.gov.uk Tel: 0121 230 6666 Fax: 0121 230 6720 Email: info@gamblingcommission.gov.ukField Code Changed Website:www.gamblingcommission.gov.uk Formatted: Font color: Blue Police Norfolk Constabulary Licensing Team, 4th Floor, Vantage House, Fishers Lane, Norwich, Norfolk, NR2 1ET. Fire Authority Divisional Commander Fire Station Friars Lane Great Yarmouth NR30 2RP Email. licensingteam@norfolk.pnn.police.uk Tel. 01603 276024, Fax. 01603 276025 Tel: 01493 843212 Fax: 01493 339940 Email: Gtyar@fire.norfolk.gov.uk Planning Authority North Norfolk District Council Holt Road Cromer Norfolk NR27 9EN Environmental Health North Norfolk District Council Holt Road Cromer Norfolk NR27 9EN Tel: 01263 516143 Fax: 01263 514627 Email: planning@north-norfolk.gov.uk Tel: 01263 516085 Fax: 01263 514627 Email: ep@north-norfolk.gov.uk Norfolk Safeguarding Children Board, Room 60 Lower Ground Floor County Hall Martineau Lane Norwich NR1 2UG HM Revenue and Customs National Registration Unit Betting & Gaming Portcullis House 21 India Street Glasgow G2 4PZ tel 01603 223409 http://www.nscb.norfolk.gov.uk/Contacts.asp Gambling Licensing Policy Tel: 03000 516023 Email: NRUBetting&Gaming@HMRC.gsi.gov.uk 37 of 372 110 NNDC ENVIRONMENTAL HEALTH DEPARTMENT Gambling Licensing Policy - 2015 version TDLIGA12 APPENDIX 2 TABLE OF DELEGATIONS OF LICENSING FUNCTIONS MATTER TO BE DEALT WITH FULL COUNCIL Three year licensing policy X Policy to permit casino X LICENSING COMMITTEE/ OFFICERS SUB-COMMITTEE Fee Setting - when appropriate X (with Cabinet approval) Application for premises licences Where representations have been received and not withdrawn Where no representations received/ representations have been withdrawn Application for a variation to a licence Where representations have been received and not withdrawn Where no representations received/ representations have been withdrawn Application for a transfer of a licence Where representations have been received from the Commission Where no representations received from the Commission Application for a provisional statement Where representations have been received and not withdrawn Where no representations received/ representations have been withdrawn Review of a premises licence Application for club gaming /club machine permits X Where representations have been received and not withdrawn Cancellation of club gaming/ club machine permits Where no representations received/ representations have been withdrawn X Applications for other permits X Cancellation of licensed premises gaming machine permits X Consideration of temporary use notice X Decision to give a counter notice to a temporary use notice Gambling Licensing Policy X 38 of 372 111