Please Contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk
Please Direct Dial on: 01263 516010
27th March 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 20th April 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: Mr B Cabbell-Manners, Mr T FitzPatrick, Mrs A Fitch-Tillett, Mr J Lee, Mr W Northam,
Mr R Oliver, Mr G Williams
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 09
March 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.
PLANNING POLICY AND BUILT HERITAGE WORKING PARTY
At the meeting of the Planning Policy and Built Heritage Working Party held on 23rd
March 2015 the following recommendations were made:
RECOMMENDED to Cabinet
1) That North Norfolk agrees to the preparation of a non Statutory Strategic Framework
focused on those areas identified in Table 1, produced using a structure outlined in
Table 2
2) That North Norfolk agrees to contribute up to a maximum of £15,000 in 2015/16 and
£10,000 in 16/17 to cover the anticipated costs.
3) That North Norfolk agrees with the attached terms of reference.
4) That the content of the framework document be extended to include agreeing the
approach to be taken to the planning of settlements which cross, or are closely
related to. District Council administrative boundaries
10.
BIG SOCIETY FUND GRANTS PANEL
(page 7)
To receive the minutes of the meeting of the Big Society Fund Grants Panel held on 15
Dec 2014
11.
JOINT STAFF CONSULTATIVE COMMITTEE
(page 12)
To receive the minutes of the meeting of the Joint Staff Consultative Committee held on
8 December 2014
12.
PROCUREMENT STRATEGY 2015/16 – 2017/18
(page 17)
(Strategy document – p.19)
Summary:
This report presents for approval the Procurement
Strategy for the period 2015/16 to 2017/18.
Options considered:
Not applicable
Conclusions:
The Strategy document provides the framework which
governs the Council’s corporate aims and objectives in
relation to procurement. It also provides the structure for
the effective management and monitoring of
procurement activity. The strategy has been updated to
reflect the requirements of the Public Contracts
Regulations 2015 and the Transparency Code 2014.
Recommendations:
It is recommended that:
Cabinet
Decision
Reasons for
Recommendations:
Cabinet member(s):
Ward member(s)
Contact Officer,
telephone
and e-mail:
Cabinet approves the Procurement Strategy 2015/16
to 2017/18.
To have in place an updated and revised Procurement
Strategy.
Councillor W Northam
All
Malcolm Fry
01263 516037
malcolm.fry@north-norfolk.gov.uk
13.
TWO ONE YEAR EXTENSIONS OF THE MEASURED TERM CONTRACT
(page 31)
** Please note the appendices are electronic only**
Summary:
The Measured Term Contract was designed to enable
small scale foreshore coastal maintenance works to be
implemented in a fast, efficient and cost effective
manner. The implementation of the MTC was agreed by
Cabinet at the meeting of 14 May 2012 and the contract
commenced on 1st June 2012. It will end on 31st May
2015. The contract allows for the participants to agree
extending the scheme by two single year extensions
limited to a value of up to £100,000 in any one year
providing both parties are agreeable and all of the
contract conditions continue to be met.
Options considered:
a) Do nothing – The contract will expire and the benefits
of the operation of the Measured Term Contract will
be lost.
b) Retender contract – A Coastal Partnership is under
consideration with other Coastal Authorities and
therefore it is unclear as to the term and needs of a
future contract.
c) Extend contract period – maintains operational ability
and flexibility in relation to the development of a
Coastal Partnership.
Conclusions:
The MTC is a cost effective and efficient way to procure
small scale remedial coastal works. The two one year
extensions will enable this work to continue to be procured
and implemented in a cost effective manner.
Recommendations:
Cabinet is requested to resolve:
a) Extend the Measured Term Contract by one year to
end on the 31st May 2016.
b) To delegate to the Head of Service authority to
extend the Measured Term Contract by a further year
from 1st June 2016 to the 31st May 2017.
c) To limit the spend value in any one year to a
maximum of £100,000.
Cabinet
Decision
Reasons for
Recommendations:
Cabinet member(s):
Ward member(s)
Contact Officer,
telephone
and e-mail:
The MTC is a cost effective and efficient way to procure small
scale remedial coastal works. The two one year extensions will
enable this work to continue to be procured and implemented in
a cost effective manner.
Councillor A Fitch-Tillett
Coastal wards
Brian Farrow
01263 516193
brian.farrow@north-norfolk.gov.uk
14.
CORPORATE ENFORCEMENT POLICY
Summary:
It is proposed that the Council adopts a
Corporate Enforcement Policy which sets out the
overarching principles that apply to all of the
Council’s enforcement activities.
Options considered:
To retain individual departmental enforcement
policies and guidance, this leads to confusion for
customer and is a reputational risk.
Conclusions:
A single Corporate Enforcement Policy to ensure
the Council acts in a more consistent manner
across all its enforcement activities, and assists
with cross departmental working.
Recommendations:
For Cabinet to approve the Corporate
Enforcement Policy.
Reasons for
Recommendations:
A single Corporate Enforcement Policy to ensure
the Council acts in a more consistent manner
across all its enforcement activities, and assists
with cross departmental working. It provides a
single point of reference for customers, in setting
out expectations in relation to transparency,
accountability, proportionality, consistency and
targeting of enforcement activities across the
Council
Cabinet
Decision
Cabinet member(s):
Ward member(s)
Contact Officers
telephone
and e-mail:
15.
(page 34)
(Policy document - p. 37)
Cllrs B Cabbell Manners, A Fitch-Tillett, T FitzPatrick and R
Oliver
All
Nicola Baker, James Wilson
01263 516135, 01263 516274
nicola.baker@north-norfolk.gov.uk ; james.wilson@northnorfolk.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.”
16.
PRIVATE BUSINESS
Agenda Item 2__
CABINET
Minutes of the meeting of the Cabinet held on Monday 09 March 2015 at the Council
Offices, Holt Road, Cromer at 10.00am.
Mr B Cabbell Manners
Mrs A Fitch-Tillett
Mr T FitzPatrick
Mr J Lee
Members Present:
Also attending:
Officers in
Attendance:
Mrs A Claussen-Reynolds
Mrs L Brettle
Miss B Palmer
Mr W Northam
Mr R Oliver
Mr G Williams
Mr R Reynolds
Mr R Shepherd
Mr B Smith
Mr S Ward
The Chief Executive, the Corporate Directors, the Chief Accountant,
the Head of Economic Development and Communities, the Customer
Services Team Leader (Housing), the Health and Communities
Officer, and the Democratic Services Team Leader
The Chairman opened the meeting by thanking members for attending the flag-raising
ceremony to commemorate Commonwealth Day.
116.
APOLOGIES FOR ABSENCE
None
117.
MINUTES
The minutes of the meeting held on 2nd February 2015 were approved as a correct
record and signed by the Chairman
118.
PUBLIC QUESTIONS
None
119.
ITEMS OF URGENT BUSINESS
None received
120.
DECLARATIONS OF INTEREST
None
Cabinet
1
09 March 2015
121.
MEMBER QUESTIONS
The Leader confirmed that Members could ask questions as each item arose.
122.
CONSIDERATION OF ANY MATTER REFERRED TO THE CABINET BY THE
OVERVIEW AND SCRUTINY COMMITTEE OR COUNCIL FOR
RECONSIDERATION
None
123.
CONSIDERATION OF REPORTS FROM THE OVERVIEW AND SCRUTINY
COMMITTEE
None
124.
RECOMMENDATIONS FROM THE PLANNING POLICY AND BUILT HERITAGE
WORKING PARTY
Mr B Cabbell Manners, Portfolio Holder for Planning introduced this item. He said
that the proposals had been considered by the Planning Policy and Built Heritage
Working Party which had recommended approval. He clarified that the Council was
not changing its current policy regarding the number of dwellings in those parts of the
District designated as AONB or defined as a Rural Area under s157 of the Housing
Act.
It was proposed by Mr B Cabbell Manners, seconded by Mrs A Fitch-Tillett and
RESOLVED
a) To agree that the Council indicates that it will not currently introduce a threshold
of five dwellings in those parts of the District designated as AONB or defined as
a Rural Area under Section 157 of the Housing Act and will reconsider the
position as part of the review of the Housing Incentive Scheme in December
2015
b) That the Norfolk Coast Area of Outstanding Natural Beauty Management Plan
2014-2019 is approved.
c) That the Fakenham Development Brief be approved.
125.
BUDGET MONITORING – PERIOD 10
Mr W Northam, Portfolio Holder for Finance introduced this item. He explained that
the report summarised the budget monitoring position for the revenue account and
capital programme to the end of January 2015. The overall position showed a year to
date variance of £2,826,265 for the current financial year on the revenue account.
Once commitments were taken into account this was expected to deliver a forecast
full year underspend of £376,624. He drew Members’ attention to three areas where
there had been a significant underspend – car parking, legal services and waste
recycling credits. He went onto say that the government’s ‘Repair and Renewal’
grants schemes which provided financial support for businesses affected by the tidal
surge had been extended until June 2015 and claims would be accepted until then.
Mr Northam concluded by referring to the recent request by Broadland Housing
Cabinet
2
09 March 2015
Group to vary the repayment schedule for the loan provided to them. He said that this
was a much lauded scheme and although the money would come in a little slower it
would benefit everyone.
It was proposed by Mr W Northam, seconded by Mr R Oliver and
RESOLVED
1) Cabinet note the contents of the report and the current budget monitoring
position.
2) Cabinet note the contents of the Revised Capital Appendix C.
3) Cabinet agree that the Head of Finance in consultation with the portfolio holder
be able to approve the most financially advantageous loan repayment option for
NNDC with Broadland Housing Group.
Reason for the decision:
To update Members on the current budget monitoring position for the Council, and
make all amendments to the capital budget as appropriate.
126.
NORTH NORFOLK BIG SOCIETY FUND
Mr J Lee, Chairman of the Big Society Fund Grants Panel introduced this item. He
said that he was very pleased to be putting the proposals forward. The Big Society
Fund had been extremely successful and the Enabling Fund had also been very
beneficial to local communities, supporting large projects such as the Homes for
Wells scheme which had resulted in 11 new affordable homes. He said that there
was an underspend of £200k in the Enabling Fund budget and it was proposed that
in order to maximise the value of this budget that it was aligned to the emerging
LEADER funding programme which focussed on themes that would bring more value
locally.
Members were invited to speak:
1. Mr G Williams said that due to the clawback of grant funding in recent years, the
Big Society Fund was now the primary source of such funding in the District. By
linking the Enabling Fund to the LEADER programme there was the potential to
bring in l £300k of additional funding.
2. Mr R Reynolds commented on the great success of the Big Society Fund (BSF).
He said that he hoped it would continue as it benefitted the towns and villages of
the District and it was gratifying to see second homes money going directly to
local communities.
3. MR W Northam said that the BSF money that had been spent on sporting
facilities such as the skate park, MUGA, outdoor gym and table-tennis club in his
own ward of Mundesley had made a huge difference and was much appreciated.
4. Mrs A Fitch-Tillet agreed. She referred to the the Northrepps Film Society which
had received two sets of funding – initially to kick start the project and then to
purchase equipment. The society was very popular and well supported.
5. Mr R Oliver, Deputy Leader, agreed with the previous comments. He said that in
his own ward of Sheringham the BSF money had kick-started the skate park
project and a further £200k of investment had been generated subsequently.
6. The Leader, Mr T FitzPatrick said that it was gratifying to hear so many positive
comments. In his own ward there were several that had received grants. He had
been pleased to see the recreation ground in Walsingham receive a grant and
Cabinet
3
09 March 2015
the small villages of East and West Barsham had benefitted from funding for
fitness equipment. The residents of Sculthorpe were also delighted with the new
kitchen in the village hall.
7. Mr Northam said that all Members would like to thank Sonia Shuter, Health and
Communities Officer for all her hard work in supporting the Big Society Fund.
It was proposed by Mr J Lee, seconded by Mr G Williams and
RESOLVED
1. To agree that the details and the ‘prospectus’ for the new grant scheme (to
replace the Enabling Fund) would be brought to Cabinet at an appropriate future
meeting, for approval.
2. That applications for funding under this new grant scheme be brought to Cabinet
for decision at the appropriate time.
RESOLVED to recommend to Council:
3. to agree to continue the Big Society Fund grant scheme at the current level of
funding (£225,000) for another year and to delegate authority to the Head of
Economic & Community Development, in Consultation with the portfolio holder,
to make appropriate revision to the grant terms and conditions to address the
matters raised in this report;
4. that £200,000 of the underspend from the budget allocated to the Enabling Fund
in 2014/15 be carried forward from this year into next financial year, to be used
as potential match-funding for projects relating to investment, development,
regeneration, revitalisation, promotion or marketing of the District’s seven
(market and resort) towns, bidding for funds under the LEADER programme;
Reasons for the decision:
To ensure Cabinet is informed about the operation of the Big Society Fund during its
third year.
To align financial resources to leverage additional funds to support initiatives aimed
at development, investment and improvement in the District’s towns.
127.
HOMELESSNESS STRATEGY
Mr R Oliver, Portfolio Holder for Housing, introduced this item. He explained that the
Homeless Act 2002 required all local authorities to undertake a review of
homelessness in their area and publish a Homelessness Strategy based on the
findings every 5 years. He confirmed that a review of homelessness and of current
services had been undertaken and identified 5 aims that would be carried forward to
improve and enhance services. Mr Oliver went onto say that the Council had a good
record on affordable homes and in the last year the administration had delivered the
largest ever number of affordable homes in the District and in Norfolk. He said that
he believed the provision of affordable housing was key to tackling the number of
people on the housing register
Members were invited to speak:
1. Mrs A Claussen-Reynolds said that there had been three families under threat of
homelessness in her own ward of Fakenham and she was pleased to say that
they had all been found new homes thanks to the support of the Council’s
Housing team.
Cabinet
4
09 March 2015
2. Mrs A Fitch-Tillett referred to the tidal surge of December 2013 and said that
many people had been made homeless and as previously mentioned the
Housing team had worked really hard to find them accommodation. She added
that sometimes homelessness was triggered by large unforeseen events.
3. Mr R Reynolds agreed. He said that the fire in Fakenham in 2014 had left 9
families homeless but homes had been found very quickly for them.
Mr T FitzPatrick thanked everyone for their comments. He reiterated the huge
amount of work done by NNDC staff and councillors following both the tidal surge
and the fire.
It was proposed by Mr R Oliver, seconded by Mr B Cabbell Manners and
RESOLVED:
To adopt the Homelessness Strategy 2014-2019
Reasons for the decision:
To ensure that the Councils Homelessness Strategy is reviewed and published as
determined by the Homeless Act 2002.
128.
NORTH NORFOLK GROWTH PLAN
The Leader, Mr T FitzPatrick, presented this item. He explained that the report
summarised the current economic context of North Norfolk and the infrastructure in
place for supporting business investment and economic growth in the District. He
went onto say that the report identified the challenges and opportunities for
supporting further growth and outlined activities that the Council should undertake in
order to develop and implement a comprehensive growth plan. Mr FitzPatrick then
outlined the recommendations, explaining that the final Growth Strategy would be
presented to Council for consideration.
1. Mr B Cabbell Manners said that he supported the recommendations and
believed that focussing on growth and putting a framework in place to support
this was one of the most important things that the Council could do.
2. Mr G Williams agreed, saying that without a Growth Plan in place not much else
could happen. The District needed jobs, skills and investment to improve the
quality of life. A holistic approach, as proposed was very important and would be
the best way of achieving all of these ambitions.
3. Mr FitzPatrick made reference to the £1m set aside to support the roll-out of
Broadband which was vital in supporting growth across the District.
It was proposed by Mr T FitzPatrick, seconded by Mr B Cabbell Manners and
RESOLVED
a) To endorse the work streams outlined in the table appended to this report.
b) To agree to commission a ‘Business Growth and Investment Opportunities’ study
as set out in section 6.3 of the report. The results of this study and other
evidence gathering processes will contribute to the development of a growth
strategy, which will be recommended to Council as part of the policy framework.
Reasons for the decision:
Cabinet
5
09 March 2015
To agree the framework, which will guide the Council’s economic growth activities
and consequently the resources allocated to supporting these.
129.
PROPOSED CO-LOCATION OF DEPARTMENT OF WORK AND PENSIONS AND
JOBCENTRE PLUS STAFF/SERVICES AT THE DISTRICT COUNCIL’S CROMER
HEADQUARTERS AND FAKENHAM CONNECT OFFICES
Mr R Oliver, Portfolio Holder for Assets introduced this item. He explained that the
report outlined proposals to accommodate Department for Work and Pensions and
Jobcentre Plus staff and services in two of the District Council’s offices. He said that
the proposals would provide improved support for local residents whilst delivering
efficiencies for public sector provision in North Norfolk. This supported the innovative
approach taken by the Council in recent years and would ensure convenience and
efficiency together with a cost saving for NNDC.
Mrs A Fitch-Tillett, in seconding the proposal agreed with Mr Oliver’s comments. She
said that a ‘one-stop shop’ for residents was an excellent idea and would reduce the
challenges that people losing their job already faced by providing them with a single
point of contact and support. She added that she had some concerns about the bus
service to the Cromer office and suggested that the Council lobby for improvements.
Mr R Reynolds said that he welcomed proposals to fully utilise the Fakenham
Connect building
Mr T FitzPatrick said that the proposals supported the ‘one government estate’
approach and would provide a better service for customers and residents.
It was proposed by Mr R Oliver, seconded by Mrs A Fitch-Tillett and
RESOLVED to
1. Approve the co-location of Department of Work and Pensions and
JobCentrePlus staff and services at the Council’s Cromer and Fakenham
Connect offices, at a commercial rent.
2. Approve capital spending of up to £70,000 on the Fakenham Connect offices in
order to accommodate Department of Work and Pensions and JobCentrePlus
services, with the capital costs incurred being recovered through the rental
stream paid over a five year initial rental period.
Reasons for the decision:
To provide improved services and outcomes for local residents and deliver
efficiencies and economies of scale for public sector service provision in North
Norfolk.
The Meeting closed at 10.35 am
_______________
Chairman
Cabinet
6
09 March 2015
Agenda Item 2__
NORTH NORFOLK BIG SOCIETY FUND GRANTS PANEL
Minutes of the meeting of the Big Society Fund Grants Panel held on Monday 15th
December 2014 at the Council Offices, Holt Road, Cromer at 15.00pm.
Members Present:
Officers in
Attendance:
1.
Mr J Lee
Mrs P Grove-Jones
Mr P High
Mr J Wyatt
Mrs S Arnold
The Head of Economic and Community Development, the Health and
Communities Officer, the Housing and Communities Manager and the
Democratic Services Officer.
APOLOGIES FOR ABSENCE
Mr R Reynolds and Mr B Jarvis
2.
MINUTES
The minutes of the meeting of the Big Society Fund Grants Panel held on 06 October
2014 were approved as a correct record with the following amendment:
Mr P High’s declaration of interest related to Holt Spouts Hill as he was a
member of the committee.
3.
DECLARATIONS OF INTEREST
None
4.
CONSIDERATION OF APPLICATIONS TO THE BIG SOCIETY FUND
The Health and Communities Officer informed Members that there was £118,000 left
of the £225,000 fund to be awarded over the next two meetings.
Applications ineligible for application
The Health and Communities Officer explained that that there was one application
from Creative Arts East that was not eligible for consideration by the Panel. She
outlined the reasons for its ineligibility and said that she would contact the applicants
and suggest alternative funding sources.
Big Society Fund Grants Panel
1
7
15 December 2014
Decisions deferred from October panel
Members considered three applications that had been deferred at the last meeting.
Walsingham Parish Council
The Head of Economic and Community Development introduced this application and
said that it had been deferred as the panel had requested further information. The
applicant sought financial aid to refurbish some existing play equipment, remove
unsafe play equipment and purchase new play equipment. The application was for
£11,000.
AGREED to recommend
To award funding of £8,000 towards the cost of the project.
Bacton Parish Council
The Head of Economic and Community Development introduced this application and
said that it had been deferred as the panel had requested further information. The
applicant sought financial aid to upgrade, refurbish and make improvements to
Bacton Pavillion. The applicant had provided a list of items required. The application
was for £10,000 - £12,160.
AGREED to recommend
To award funding of £5,600 to put in new flooring throughout the pavilion at a cost of
£4,550 and to install a new external pathway to be laid to provide disabled access
from the car park at a cost of £1,050.
The Benjamin Foundation
The Head of Economic and Community Development introduced this application in
respect of the Foundation’s Restore project in Holt. It had been deferred as the panel
requested that the Benjamin Foundation reconsider the purpose for which the grant
would be used as they were unable to support the purchase of a vehicle. The
Benjamin Foundation submitted a revised application for a grant towards equipment,
marketing and advertising. Whilst supportive of the work of The Benjamin
Foundation, the panel did not feel it demonstrated community need or benefit as
highly as other projects under consideration
AGREED to recommend
That no funding be awarded to this project.
New applications for decision
1895 (Cromer) Squadron ATC
Members were informed that the applicant had requested £7,000 to help purchase a
flight simulator to be used by cadets from Cromer and other squadrons in North
Norfolk. The Health and Communities Officer explained that the RAF Charity fund
had donated a flight simulator for Norfolk but that it was located in Wymondham and
that the applicants felt that this was not feasible for them to use.
AGREED to recommend
To award a conditional grant of £3,500 towards the cost of the flight simulator subject
to:
Big Society Fund Grants Panel
2
8
15 December 2014


Evidence that all of the funding required to purchase the simulator has been
raised.
The simulator being available for use by other ATC squadrons in North
Norfolk and for use by schools, youth groups and at relevant community
events.
FADLOS - Kidz
Members were informed that the applicant had requested £10,638.64 for various
items of equipment which were detailed in the application. There were two larger
sums for equipment of £4,557.60 and £4,814.36 – the latter of which was for works
that were ineligible for the grant.
AGREED to recommend
To award £4,500 for the cost of the divider screens to segregate changing areas as
specified in the application.
Norfolk & Norwich Festival Limited
The panel were informed that the applicant had requested £15,000 towards a
£351,423 project to provide a flagship outdoor theatre commission at Felbrigg Hall.
The panel agreed that it was an interesting project but did not feel it demonstrated
community need or benefit as highly as other projects under consideration.
Alternative ways in which NNDC could support the project will be discussed with the
applicant.
AGREED to recommend
That no funding from the Big Society Grant by awarded.
NCI – Wells next the Sea (Coastwatch)
Members were informed that the applicant had requested £3,969.60 – the total
amount – to replace existing manual window shutters on the Wells Coastwatch
station which elderly volunteers have difficulty operating with new motorised security
shutters.
AGREED to recommend
To grant the total amount of £3,969.60.
Gunthorpe Village Institute
Members were informed that the applicant had requested £12,000-£15,000 to
modernise the village hall. The application stated that the hall was used for meetings
and events and that the corrugated metal extension in existence had been built as a
temporary structure in the 1920s. The project would refurbish and insulate the
existing corrugated metal extension as well as build a new small extension..
Members were informed that planning permission had not been sought or granted for
the structure.
AGREED to recommend
To award £6,000 conditional upon:

Evidence being received that all relevant planning and building control
permissions have been obtained.
Big Society Fund Grants Panel
3
9
15 December 2014

Evidence being received that all the funding required to progress the project
has been secured
Sheringham Little Theatre Society
Members were informed that the applicant had requested £13,482-£29,007 towards
a theatre improve programme project at a total cost of £216,007. The grant
requested would be used to fund four different elements of the project.
AGREED to recommend
That no funding be awarded.
Fakenham Community Campus Trust Limited
Members were informed that the applicant had requested £10,000-£12,500 to
replace a 40 year old tiled floor in the community centre. The total project cost was
£12,524 and the condition of the floor was worsening causes concerns regarding
health and safety.
The Panel questioned whether this was a maintenance cost and whilst a new floor
was desirable it was not considered essential as the Trust could continue to replace
individual tiles as needed.
AGREED to recommend
That no funding be awarded.
Binham Memorial Hall
Members were informed that the applicant had requested £3,000-£3,790 for sound
absorbent panels for Binham Memorial Hall. The application stated that the hall was
well used by the local community but that the acoustics were poor which meant that
people did not attend events on this basis.
AGREED to recommend
To award £1,500 towards the cost of the panels.
Gt Ryburgh Playing Field Committee
Members were informed that the applicant had requested £7,882.80 towards a
project to create a new community woodland. Funding was requested for fencing,
two recycled plastic picnic tables and two recycled plastic bins. The fencing was to
protect new trees from rabbits at a cost of £6,190.80 including VAT with the
equipment costing £1,692. The applicant had asked for donations of trees from the
DEFRA “Big Tree Plant” scheme and the Woodland Trust.
Members queried whether the applicant would be able to claim back the VAT on the
costs.
AGREED to recommend
To award up to £6,190.80 for the fencing dependent on whether the applicant could
claim back the VAT
Aylmerton Village Hall
Members were informed that the applicant had requested £3,500 towards a £5,748
project for improvements to the playing field. The applicant stated they had been
Big Society Fund Grants Panel
4
10
15 December 2014
nominated for an enhanced grant from another organisation. If they received this the
amount required from the Big Society Fund would be reduced.
AGREED to recommend
To award up to £3,500 depending on the outcome of the nomination for enhanced
funding
Briston Parish Council
Members were informed that the applicant who are trustees for the Higginbottom
Recreational Charity had requested £1,000-£1,365 for the refurbishment of their
multi-sports court, this would enable it to be used for a wider range of sports.
AGREED to recommend
To award £1,000 towards the cost of the project.
The Health and Communities Officer advised the panel that a total of £43,760.40 had
been awarded during the course of the meeting.
The Health and Communities Officer said that she had been contacted by Great
Snoring Social Club who had requested a change of use for the £7,500 previously
awarded for kitchen equipment. She explained that when work on the extension for
the club started asbestos had been found. The new kitchen could not be installed
until the asbestos was removed at a cost of £5,000 and they wanted to use the part
of the grant to pay for this instead. Further fundraising would take place to enable all
of the required kitchen equipment to be purchased.
Members said that they were grateful for the applicant’s honesty and agreed that the
grant awarded could be used to pay for the removal of asbestos as this was required
to enable the outcomes of the overall project to be achieved.
5.
MONITORING, PUBLICITY AND FEEDBACK
The Panel noted the monitoring report which provided an update on the projects that
had been awarded Big Society Fund grants previously. Members were informed that
Councillors had attended events such as openings of projects which had received
funding.
6.
ANY OTHER BUSINESS
None.
The Meeting closed at 16:36 pm
_______________
Chairman
Big Society Fund Grants Panel
5
11
15 December 2014
Agenda Item 2
JOINT STAFF CONSULTATIVE COMMITTEE
Minutes of a meeting of the Joint Staff Consultative Committee held in Meeting Room
5, Council Offices, Holt Road, Cromer on 08 December 2014 at 1.00pm
Members Present:
Mr T FitzPatrick
Mr P W High
Mrs B McGoun
Mr N Smith
Staff Side Present:
Mr S Case
Miss S Tudhope
Officers in Attendance:
Ms J Cooke, Head of Organisational Development
Mrs E Denny, Democratic Services Team Leader
1.
TO RECEIVE APOLOGIES FOR ABSENCE
Apologies were received from Mrs S Arnold.
2.
MINUTES
The minutes of the meeting of the Joint Staff Consultative Committee held on 14 July
2014 were approved as a correct record and signed by the Chairman.
3.
MATTERS ARISING
Mr S Case referred to page 2 of the minutes and asked the Head of Organisational
Development whether there had been any further expressions of interest. She
confirmed that there had not. In response to a further question regarding the staff
survey, the Head of Organisational Development confirmed that the results had been
shared with staff and were available to view on the Intranet.
4.
SICKNESS ABSENCE UPDATE
The Head of Organisational Development said that sickness absence for both Q1
and Q2 was lower than the previous year.
She went onto say that regarding long-term sickness absence, there were currently 3
members of staff off with stress. HR was working with managers to address the
situation and two stress risk assessments had been undertaken to date. She went
onto say although there were only a small number of cases, they were skewing the
long-term absence figures.
The Chairman invited comments:
1. Mr N Smith said that stress was always a difficult issue to deal with as people
dealt with it in different ways. Some individuals thrived in a stressful environment.
The Head of Organisational Development replied that HR would always check
1
12
2.
3.
4.
5.
6.
7.
5.
that people could cope with any stress at work through the use of stress risk
assessments.
Mr S Case said that the Council’s policy was effective as it recognised that there
was good and bad stress. The Head of Organisational Development added that
the key was to find the balance and to recognise that there could be
home/external pressures too.
Mr S Case queried what would happen if someone left the organisation during a
period of long-term absence and whether the reasons for leaving would be
clarified. The Head of Organisational Development replied that they wouldn’t be
necessarily be reported because the figures may be so low that it would be easy
to identify the person concerned. Mr Case went onto say that it would be helpful
to have a breakdown of long-term absence by service area. The Head of
Organisational Development replied that HR did this but again, publishing that
information would make the people concerned easily identifiable as the numbers
of people on long term sick are low. As shown in the sickness figures..
Mrs B McGoun queried when it would be appropriate to notify members of any
issues regarding long-term absence. The Head of Organisational Development
replied that this would only occur if it was a management issue.
Miss S Tudhope asked whether the offer to staff for free flu jabs had made a
difference to the sickness figures. The Head of Organisational Development
replied that in 2013, 100 members of staff had received the flu jab and there had
been a decrease in the sickness rates.
Mr T FitzPatrick referred to table 12 in the report which showed average longterm and short-term absence figures. He said that there was a clear downwards
trend. The Head of Organisational Development confirmed this and said that
short-term, intermittent absence was noticeably lower.
Mrs B McGoun said that she was concerned about the impact of increased
workloads when people returned to work as it was unlikely that it would be dealt
with in their absence. The Head of Organisational Development replied that it
would depend how long people were absent for and workload issues would be
monitored where necessary.
UPDATE ON THE DEVELOPMENT OF A COMPETENCY FRAMEWORK FOR
STAFF
The Head of Organisational Development explained that Unison had requested that
this item came before the Committee. The HR Manager had been leading on it and it
had originated from the recent Investors in People accreditation. A project group had
met regularly to look at the introduction of a competency framework and once it was
approved it was likely that it would be applied through appraisals and eventually the
recruitment process. It was anticipated that the scheme would be launched for staff in
spring 2015.
Mr S Case said that Unison believed that the competency framework should include
everyone within the organisation and this meant members too. Mr T FitzPatrick
replied that he did not see how it could be applied to councillors. Ultimately it was up
to the electorate to choose which people became members. The Head of
Organisational Development said that once the staff framework was developed and
in place, the Member Development Group could consider it and decide whether it
was appropriate for members. She went onto to outline the benefits of a competency
framework and said that it could be adapted by members to suit them accordingly.
Mr N Smith agreed. He said that it was about respect and working together. Mr
FitzPatrick said that members had different issues to staff. They could be a very
popular councillor but could regularly miss deadlines. He felt that a ‘protocol’ for
members would be preferable.
2
13
Mrs B McGoun said that it was important the members could demonstrate that they
were competent.
The Head of Organisational Development suggested that the Committee could
request that the Member Development Group looked at the issue and decide whether
to proceed with a competency framework for members. She said that she would
speak to the Chairman of the Member Development Group and discuss placing it on
the agenda of an upcoming meeting.
6.
JSCC UPDATE
Staff Survey
The Head of Organisational Development referred to the top-line results of the recent
staff survey and explained the scores. Mrs B McGoun commented that the response
rate was good. Mr Case replied that he was a bit disappointed that the response was
not higher and the Head of Organisational Development added that the deadline had
been extended twice to encourage more people to respond. She went on to say that
some people had raised concerns about the questions and that they were repetitive
and aimed at achieving a particular outcome. She explained that the survey was free
and the Council had very little influence over the content of the questions. The Staff
Focus Group was looking in more detail at the results and would be producing an
action plan.
Exit Surveys
The Head of Organisational Development said that only 8 people had filled in an exit
survey so far so there was not enough information for a full report. Briefly outlining
the responses, she said that the reasons for leaving included career progression
opportunities and pay. She went onto say that generally the Council had a good track
record for career progression but there would always be some limitations as it was a
small district.
The Head of Organisational Development concluded by saying that the Council
would be undertaking an independent review of staff pay against the wider market in
early 2015.
Pay Award
The Head of Organisational Development distributed a circular regarding the
forthcoming pay award for staff which had been confirmed in November 2014. She
said that it would be applicable from January 2015 !!!! and any non-consolidated
payments would be paid together.
Job Evaluation
The Head of Organisational Development confirmed that there had been several
recent job evaluations in relation to the restructuring of the Planning service, as well
as several new posts generally across the organisation. In response to a question
from Mr P W High regarding the Communications Manager vacancy, she said that
the post would be advertised in the New Year. The Head of Organisational
Development said that this was a critical role - particularly with the forthcoming
elections and the business transformation programme.
3
14
7.
LIVING WAGE
The Head of Organisational Development introduced this item. She said that she
couldn’t give a firm figure about the future cost implications of introducing the Living
Wage as there was a possibility that the Council could recruit more employees to the
affected spinal column points in the lowest grade (Grade 12) and that any
supplement agreed would need to be paid to those staff too.
Mrs B McGoun said that she was disappointed that the previous recommendation
had not been approved by Cabinet. Mr N Smith agreed and said that he believed that
the two employees currently affected should receive a supplement in their pay to
bring them up to the Living Wage level. He added that he was concerned that opting
for full accreditation would be the equivalent of writing an ‘open cheque’.
The Head of Organisational Development said that one option would be to pay an
additional supplement to the affected members of staff (and anyone else recruited
into posts covered by the affected spinal column points in grade 12) and then review
that annually. Mr T FitzPatrick queried what would happen if a supplement was paid
and the Living Wage amount rose. He was concerned that the Council would have no
control over the costs.
Mr P W High asked how Unison would feel if the payment of a supplement was
recommended. Mr S Case replied that Unison promoted the Living Wage and would
prefer full implementation but that they would welcome the payment of a supplement
to affected staff. Mr N Smith replied that the Council needed to be certain that they
could afford full implementation of the Living Wage, particularly regarding their
contractors and their employees. Mr Case cited Norwich as the first Living Wage city
and said that the Council should take a more holistic approach. He acknowledged
that there was a cost involved if the Council opted for full accreditation but said that
this was a national issue. Mr N Smith replied that he felt this cost could not be
justified to council tax payers.
Mr P W High reminded the Committee that the original recommendation had been
rejected by Cabinet. It was possible that they might accept a proposal to pay a
supplement but it was likely that they would refuse full accreditation. Mr Case agreed,
adding that if it was reviewed in 12 months the situation may have changed as there
may be more pressure to increase wages.
The Head of Organisational Development reminded members that they needed to
bear in mind that apprentices would not be covered by the proposals. A date of
implementation would also need to be agreed.
It was proposed by Mr P W High, seconded by Mrs B McGoun and
RESOLVED to recommend to Cabinet:
1. To pay the current Living Wage rate as a supplement to the affected posts
from 1st January 2015 (not including apprentices) and to review this payment
on an annual basis
2. To remove Grade 13 from the Council’s pay scales
The meeting concluded at 15.20 pm.
4
15
_______________
Chairman
5
16
Agenda Item No____12________
Procurement Strategy 2015/16-2017/18
Summary:
This report presents for approval the Procurement
Strategy for the period 2015/16 to 2017/18.
Options considered:
Not applicable
Conclusions:
The Strategy document provides the framework which
governs the Council’s corporate aims and objectives in
relation to procurement. It also provides the structure
for the effective management and monitoring of
procurement activity. The strategy has been updated to
reflect the requirements of the Public Contracts
Regulations 2015 and the Transparency Code 2014.
Recommendations:
It is recommended that:
Cabinet approves the Procurement Strategy 2015/16
to 2017/18.
Reasons for
Recommendations:
To have in place an updated and revised Procurement
Strategy.
Cabinet Member(s)
Ward(s) affected
Cllr Wyndham Northam
Contact Officer, telephone number and email: Malcolm Fry, 01263 516037,
malcolm.fry@north-norfolk.gov.uk
1.
Introduction
1.1.
The Procurement Strategy (attached) provides the framework which governs
the Council’s corporate aims and objectives. It is a primary document for all
the Council’s procurement activity, together with the Corporate plan and other
strategies.
2.
Background
2.1
The Procurement Strategy 2015/16 to 2017/18 updates the previous strategy
and takes into account the requirements of the Public Contracts Regulations
Act 2015 (which came into force during February 2015), Local Government
Transparency Code 2014, Financial Strategy 2015/16 to 2017/18 along with
the 2015/16 Budget.
17
2.2
The aim of the strategy is to provide an overall framework to ensure that
procurement is undertaken within Council’s policy framework and enable
Council priorities to be met.
2.3
The Public Contract Regulations Act 2015 came into effect during February
2015. The key changes contained within the Act that will effect local
authorities include:
Abolition of Pre-Qualification Questionnaires (PQQs) for low value
contracts.

Introduction of a standardized PQQ for high value contracts, above
European thresholds

That 30 day payment terms are mandatory through the supply chain.

Subject to thresholds that public sector contracts are published online
via the government portal, “Contracts Finder”.

Report on all new spend with small and medium sized businesses, the
voluntary community and social enterprise sector.
2.4
The Local Government Transparency Code 2014 came into effect during
October 2014.
This mandates the periodic publication of specific
procurement information about Invitations to Tender and contracts awarded
over £5,000. A revised Code will come into force on 1 April 2015 which will
now include a requirement to publish information relating to social housing
asset values if applicable.
2.5
The Council’s website and guidance (internal and external) will continue to be
updated when required by either changes in legislation or corporate
processes and procedures.
3
Conclusion
3.1
The Strategy document provides the framework which governs the Council’s
corporate aims and objectives in relation to procurement. It also provides the
structure for the effective management and monitoring of procurement
activity.
4
Financial Implications and Risks
4.1
The strategy itself does not contain any financial implications, any efficiencies
in relation to procurement will be built into future years’ Financial Strategies
and Budgets.
4.2
The Strategy document highlights risk and the management of risk throughout
the procurement process.
5
Sustainability - None as a direct consequence from this report.
6
Equality and Diversity - None as a direct consequence from this report.
7
Section 17 Crime and Disorder considerations - None as a direct
consequence from this report.
18
NORTH NORFOLK
DISTRICT COUNCIL
PROCUREMENT
STRATEGY
April 2015 to March 2018
Page 1 of 12
19
Contents
1. Executive summary
2. What is meant by procurement?
3. The Council‟s procurement principles
4. Local Purchasing
5. Transparency
6. Electronic procurement (e-procurement)
7. Risk management in procurement
8. Probity
9. Procurement Code of Conduct
10. Procurement developments
1.0
2-3
3-4
4-8
8-9
9
10
10-11
12
11-12
12
Executive summary
The Procurement Strategy 2015/16 to 2017/18 establishes the Council‟s strategic
approach to procurement. This strategy should be read in conjunction with the
Council‟s Finance Code of Practice, Contract Procedure Rules and Scheme of
Delegation.
This Procurement Strategy also emphasises the increasing importance of, using
procurement to support wider social, economic and environmental objectives, in
ways that offer real long term benefits.
The Council recognises the importance of a strong and vibrant local economy and
the role it can play in stimulating local markets.
The Council has developed its internet site (http://www.northnorfolk.org/business/314.asp) to
provide potential suppliers with a host of information in relation to the Council‟s
procurement processes, which includes a portal advertising all current tender
opportunities.
The Corporate Plan, which sets out what the Council intends to do. It is revised
every 4 years.
The current Corporate Plan covers the period 2012-2015 and it sets out the following
areas as the Council‟s main priorities for that period.





Jobs and the local economy
Housing and infrastructure
Coast, countryside and built heritage
Localism
Delivering the vision
This strategy provides a corporate focus for procurement, embracing the Council‟s
commitment to strategic procurement and it‟s alignment with corporate objectives
and values. The document is not intended to be a „user manual‟, although the
principles contained within the strategy should be applied to all facets of
Page 2 of 12
20
procurement activity. Additional detail regarding the Council‟s procurement
processes can be found within the Contract Procedure Rules. Additionally there are
user guides available on the intranet and the Procurement Toolkit has been updated.
2.0
What is meant by procurement?
Procurement is the process of acquiring goods, works and services, covering both
acquisitions from third parties and from in-house providers. The process spans the
whole cycle from identification of needs, through to the end of a services contract or
the end of a useful life of an asset.
Procurement is concerned with the management of the entire supply chain from
manufacturer/service provider/works contractor to end-user. The essential task is to
identify the optimum route to achieving Value For Money (VfM) in each instance and
to employ maximum skill and determination in achieving it. Selection of the best
suppliers and managing new forms of relationships with them will lead to the
continual improvement of services.
Changes to Local Government funding underline the need for Local Authorities to
have efficient and effective procurement strategies. These will support the delivery
of front line services. Every aspect of local authority service involves procurement.
There are two main distinguishable aspects to procurement as follows:

the strategic core function of determining strategy and organisation to ensure
that services are purchased and delivered effectively; and

the professional task of procurement covering both the traditional purchasing
of goods and services for the Council‟s departments and contracting for
services direct to the community.
Competitive procurement remains the cornerstone of the Council‟s procurement
approach but there will be circumstances where a direct contract with a sole supplier
will be appropriate.
Strategic procurement is a series of activities and processes that sits at the heart of
the Council, providing the framework by which the Council obtains value for money
in all the goods, services and works that it requires.
A procurement strategy is vital to:
Securing best value for the Council from money spent
Supporting the Council‟s priorities
Formalise key messages on procurement to officers and members
Provide consistency and ensure best practices in procurement
Provide a source of information regarding the Council‟s approach to
procurement for internal and external use
 To create a climate in which all parties (internal & external) can contribute to
achieving best value and value for money





Page 3 of 12
21

3.0
To comply with legislation, government and other procurement guidance and
external audit requirements.
The Council’s procurement principles
The Council‟s Procurement Strategy recognises that different models and
approaches will be required for the very different and divergent services that the
Council has responsibility for. The Council will apply the following guiding principles
in its procurement activity.
 Consider the impact of all major procurements on the achievement of the
strategic priorities of the Council identified within the Council‟s current and
future Corporate Plan.
 The Council will undertake all procurement activity within a corporate
framework, applying the overriding principles of fairness, openness and
transparency to all activities.
 Preserve the highest standards of honesty, integrity, impartiality and
objectivity in all dealings.
 Strategic procurement will ensure that the Council obtains value for money in
the acquisition and management of its resources, balancing quality and cost,
and supporting improved service delivery through the freeing up of resources.
 Consider the potential for innovation, the management and balance of risk,
and the opportunity for new or alternative methods of service delivery.

All procurement activity should support and promote Council policies and
priorities, including equal rights, sustainability, value for money and supporting
the local economy.
 Operate within the framework determined by European Union and United
Kingdom law and those outlined within Finance Code of Practice and Contract
Procedure Rules, in that order of precedence.
 Utilise competition as a means of achieving economy, efficiency and
effectiveness, wherever appropriate and seek to ensure that this contributes
to the competitiveness of suppliers, contractors and service providers.
 Ensure that procurement activity is customer focused, involving internal
consultation and involvement to support service objectives. Feedback will be
sought and customer satisfaction measured as a means of improving
performance.
 Consult end Service Users, where appropriate, to ensure that the service
meets their needs, especially where decisions directly affect their lives.
Page 4 of 12
22
 The Council will ensure that procurement activity is undertaken in the most
effective and appropriate manner, considering all options including (although
not exclusively);

Development of strategic partnerships, particularly where these will result
in significant service improvements and/or efficiencies

The use of
organisations

Development and promotion of corporate contracts

Use of consortia arrangements and framework agreement such as those
available through the Eastern Shires Purchasing Organisation (ESPO) and
the Crown Commercial Services (CCS)
collaborative
procurement
with
other
Councils
and
 Continue to support the local economy and SME‟s, breaking down barriers to
entry into the Local Government market place where these exist
 All procurement will be assessed on a whole life costing and benefits basis
and procurement decisions will be evidence based.
Effective procurement is crucial to achieve continuous improvement and to securing
value for money in public services. The Council is one of the largest purchasers of
goods and services in the district, and has both legal and moral responsibilities when
making procurement decisions.
It is important to ensure that procurement decisions are legal, ethical, in accordance
with the policies and procedures of the Council and that consideration is given to the
impact on the economic, social and environmental well-being of the district.
Coordinated and focused procurement activity enables the Council to proactively
contribute to both the Community Strategy and the Corporate Plan.
Set out below are six key areas that underpin the procurement principles outlined
above.
(i) Value For Money
The Council will aim to achieve value for money, defined, for the purposes of this
Strategy, as the best combination of whole-life cost and quality to fulfil the
requirements of the users of the service (internal or external as appropriate) or works
(e.g. a building) or commodity.
The Council will take a long-term strategic view of the procurement of its
requirements, including the potential for innovative funding and the opportunity for
working with other authorities especially for goods and services which can be
procured more cost-effectively in a collaborative group. The ability to radically rethink and re-shape the way the council undertakes procurement and secures
continuous improvement is key.
Page 5 of 12
23
(ii) Savings
It is essential that the Council not only adopts processes to secure value for money,
but that it can evidence the efficiencies obtained to demonstrate delivery of value for
money services.
One of the major benefits of effective procurement is its cash-releasing capability. By
purchasing works, goods and services more effectively, it should be possible to
reduce prices and other costs without having a detrimental effect on services.
(iii) Sustainability
 Any procurement will aim to minimise harm to the environment and to promote
conservation of natural resources.
(iv) Equality
North Norfolk District Council aims to treat people fairly, justly and with respect in
both employment and service provision, to find ways to support those groups who
are disadvantaged or excluded and promote inclusivity and celebrate diversity.
In addition to this, there are several pieces of recent legislation, which collectively,
require that the Council must:




Eliminate unlawful discrimination and harassment.
Promote equality of opportunity.
Promote good relations between persons of different backgrounds.
Encourage participation in public life for people of different backgrounds.
The Council will treat all people fairly including those contracting to supply goods or
services. It will not discriminate on the grounds of age, colour, disability, ethnic
origin, gender, and sexuality or on any other unjustifiable grounds. Suppliers or
contractors appointed for the provision of goods, services or works will have to
comply with these criteria.
(v) Partnering
The Council acknowledges the importance and significance of partnerships in
delivering services and already benefits from a range of partnerships with the
private, public and voluntary organisations.
Partnering may be identified through strategic service performance reviews to
provide opportunities for providing improved delivery of a major project or service.
This would necessitate the creation of a sustainable relationship with suppliers in the
public, private, social enterprise or voluntary sectors to deliver services, carry out
major projects or acquire supplies and equipment. The Council will encourage the
Page 6 of 12
24
development of new methods or approaches to procurement that will deliver services
more efficiently, effectively and economically.
Benefits could include:







better designed solutions
integration of services for customers
access to new and scarce skills
economies of scale and scope
investment
community benefits (including jobs and local economic effects)
the sharing of risk and reward
Partnerships can often have a vital role to play in helping to secure value for money,
and the Council would seek to test potential partnership options by:
 Carrying out a challenging option appraisal
 Examining partnering models, including:
 Public Sector consortium
 Non-profit distributing organisation
 Voluntary and Community sector provision
 Partnering contract
 Local Authority Company (Local Government Act 2003)
 Joint Venture Company
 Framework Agreement
(The preferred model should be identified through a business case before
Procurement commences. This should show a clear rationale and
mandate for the partnership. This includes a clear terms of reference and
political support).
 Examining opportunities for the collaborative procurement of partnerships
 Following best practice in the partnership procurement process, including:



building continuous improvement into contracts
adopting a structured approach to project and risk management
streamlining the process to procure partnerships
In certain situations a properly procured and managed strategic service delivery
partnership could potentially help the Council achieve step-changes in the quality of
service provided (subject to a robust business case and thorough options appraisal).
Strategic partnering of this nature can provide access to new ways of thinking, new
resources and new skills whilst allowing for innovation and the pursuit of long-term or
difficult goals.
Partnerships can provide access to new investment, opportunities and skills that the
Council would not necessarily be able to achieve on its own, and the Council is
Page 7 of 12
25
therefore committed to exploring all options in order to provide the quality services
demanded by tax payers both now and in the future.
(vi) Collaboration
Collaboration between North Norfolk, other Councils and public bodies to combine
buying power, to procure or commission goods, works or services jointly or to create
shared services is seen as an option which can really „add value‟. This form of
public-public partnership should, in appropriate circumstances, be regarded as an
option capable of delivering economies of scale and accelerated learning. The
Council will seek, for example, to extend existing activities and develop new and
emerging activities including:
 Participation in “local” procurement groups and networks.
 Development of a countywide contracts database to help to identify
collaborative opportunities
 Extending the use of 'open' framework agreements to enable use within the
local or regional public sector community, such as those provided by the
Crown Commercial Services (CCS), and Eastern Shires Purchasing
Organisation (ESPO)
4.0
Local purchasing
The Council understands its responsibilities to local communities and the
opportunities afforded through procurement to help deliver corporate objectives,
including the economic, social and environmental objectives set out within the
Corporate Plan.
The Council will support businesses within North Norfolk through a range of
initiatives including:







Making it simpler to do business with the Council.
Reduce the bidding burden on suppliers.
Have regard to the impact on small/local firms of the way in which a
procurement is structured.
Providing clear information about selling to the Council on our website.
Advertising contract opportunities with particular attention to local media
where appropriate and in accordance with any applicable legislation.
In longer-term contracts, the Council will incorporate provisions for continuous
improvement both within the contracted service and to the the benefit of the
community it is serving.
In higher value contracts the Council will challenge contractors to identify
ways in which they can contribute to improving the economic, social and
environmental well-being of North Norfolk.
Page 8 of 12
26
It is important to understand that procurement legislation limits the Council‟s ability to
favour local businesses, but there are numerous ways in which the Council can
legitimately support local businesses as follows;

Continuing to work pro-actively with local businesses and partners (such as
the Business Forum) to explain how to do business with the Council, obtaining
their feedback in order to improve documentation and processes
 Increasing the level of contact with local business by working in liaison with
local businesses to sponsor and support locally held 'meet the buyer' events.
 Encourage supplier partnerships to better facilitate competitive quotations for
Council business, through consortium bids.
 Packaging contracts in such a manner that, where possible, it does not
preclude the following organisations from tendering:




Small and medium sized enterprises (SME‟s)
Local and regional companies
Newly formed businesses
The voluntary and community sector (VCO‟s)
The challenge which the Council has to face and overcome in relation to local
purchasing and economic development is to balance the following conflicting
priorities:



The overriding requirement to achieve value for money and the necessary
quality
Local sourcing where possible within the legislative framework and
Procuring in a sustainable way with regard to environmental, social and
economic factors
5.0 Transparency
The Local Government Transparency Code 2015 came into effect in 1 April 2015.
The Code is issued to meet the Government‟s desire to place more power into
citizens‟ hands to increase democratic accountability and make it easier for local
people to contribute to the local decision making process and help shape public
services. Transparency is the foundation of local accountability and the key that
gives people the tools and information they need to enable them to play a bigger role
in society. The availability of information can also open new markets for local
business, the voluntary and community sectors and social enterprises to run services
or manage public assets.
The Code sets out what information must be published and the frequency of
publication.
Page 9 of 12
27
6.0 Electronic procurement (e-procurement)
In the context of this strategy, e-procurement generally relates to the contractual
business relationship between the Council and its suppliers and contractors. It
describes the use of an electronic procurement system to acquire goods, works and
services from third parties.
Electronic procurement is an area of procurement that is still developing and
changing at an extremely rapid rate. Any Improvement Plan relating to this aspect
needs to remain flexible to ensure that it stays responsive to emerging
developments, and must include the capacity for improvement based on continuous
learning
The use of information and communication technology will be used to reduce the
cost, and improve the efficiency and effectiveness, of all aspects of the procurement
process for the Council and its suppliers and contractors. It is one aspect of the
overall strategy requiring integrated development with other aspects. There are
distinct advantages for suppliers including smaller firms.
7.0 Risk management in procurement
It is important to recognise that risk management covers all aspects of procurement.
In procurement activity, it is always good practice to adopt a risk log that identifies
the risks associated with the specific procurement exercise, and how the risks will be
managed, and this is essential for higher value or more complex procurements. Risk
should be managed throughout the procurement cycle to ensure that risks are
identified and managed by the most appropriate stakeholder.
Various „Best Practice‟ guides are available on the intranet for officers
(http://intranet.northnorfolk.org/cs/files/folders/procurement/default.aspx ), one of which relates
specifically to the management of risk throughout the procurement process.
Review: It is important to try and take a step back from the procurement process
once it is complete so that there can be some consideration of the process itself to
identify lessons learnt ie what went well, what didn‟t go well to inform and refine
future procurement activity.
Contract Management: This is a significant factor in the success or failure of any
contract and as such it needs to be given adequate consideration and time within the
procurement cycle. All contracts should have a nominated officer who is responsible
for managing and monitoring the contract and this should also include the
development of the relationship with that supplier.
Project Management: Any project which involves significant risk must be managed
in an appropriate manner using the Council‟s approved project management
methodology. Indicators of significant risk include:
Page 10 of 12
28




Staff transfer
Significant implications across multiple service areas
Significant potential for reputational risk
Significant potential for financial risk
The necessary guidance and documentation in relation to project management can
now be found on the intranet and covers the life of a project from the initial project
proposal, business case and project initiation document through to project closure
and post project review.
(http://intranet.northnorfolk.org/corporate/project_management.asp)
8.0 Probity
Controls within the procurement and financial processes exist to promote good
practice and not only help the prevention of fraud but also protect the individuals
concerned against allegations of fraud. Compliance with appropriate legal
requirements and the internal controls set out in the Contract Procedure Rules and
Finance Code of Practice is essential. Involvement in procurement requires
consideration of the following:
 There is a duty to behave honestly and in a trustworthy manner maintaining
standards which the public is entitled to expect.
 All staff have a fiduciary responsibility which means they are individually and
collectively, responsible for the safe and proper arrangements relating to
public spending.
 All managers have a responsibility to ensure systems and appropriate training
are operating to prevent fraud.
9.0 Procurement code of conduct
Out of necessity all procurement activity must be undertaken to the highest
standards of ethics and public accountability. The Council insists on strict ethical
standards from its suppliers and must therefore in turn exhibit the highest ethical
standards itself. Officers and members must not only be fair and above board in all
business dealings, but should also avoid any conduct that is capable of having an
adverse interpretation put on it.
All employees must adhere to the Officers‟ Code of Conduct and the Protocol for
Employees on Gifts and Hospitality, whilst members need to take note of the
Members Code of Conduct (all available on the intranet).
The Council‟s Whistleblowing Policy provides further commitment to ensuring the
highest possible standards of openness, probity and accountability. In line with that
commitment it expects employees, members, contractors and members of the public
who have serious concerns about any aspect of the Council's work to come forward
and voice those concerns. It is recognised that most cases will have to proceed on a
Page 11 of 12
29
confidential basis and the policy establishes the protocol to be followed in these
situations.
In addition to the above employees undertaking any purchasing activity should
consider themselves bound by the Code of Ethics of the Chartered Institute of
Purchase and Supply (CIPS) which is available to download from the Council‟s
intranet (http://intranet.northnorfolk.org/corporate/finance_legal/procurement.asp).
10.0 Procurement developments
Website development
The Council has developed its internet site (http://www.northnorfolk.org/business/314.asp) to
provide potential suppliers with a host of information in relation to the Council‟s
procurement processes. The site contains sections on Selling to the Council, the
Council‟s Procurement Strategy and Rules, Tips on how to tender successfully and
also a section that advertises all current tender opportunities available.
Page 12 of 12
30
Cabinet Report - BJF/ 02.03.15
Agenda Item No___13_________
Two One Year Extensions of the Measured Term Contract
Summary:
Options considered:
The Measured Term Contract was designed to
enable
small
scale
foreshore
coastal
maintenance works to be implemented in a fast,
efficient and cost effective manner. The
implementation of the MTC was agreed by
Cabinet at the meeting of 14 May 2012 and the
contract commenced on 1st June 2012. It will end
on 31st May 2015. The contract allows for the
participants to agree extending the scheme by
two single year extensions limited to a value of
up to £100,000 in any one year providing both
parties are agreeable and all of the contract
conditions continue to be met.
a) Do nothing – The contract will expire and the
benefits of the operation of the Measured Term
Contract will be lost.
b) Retender contract – A Coastal Partnership is
under consideration with other Coastal
Authorities and therefore it is unclear as to the
term and needs of a future contract.
c) Extend contract period – maintains operational
ability and flexibility in relation to the
development of a Coastal Partnership.
Conclusions:
The MTC is a cost effective and efficient way to procure
small scale remedial coastal works. The two one year
extensions will enable this work to continue to be
procured and implemented in a cost effective manner.
Recommendations:
Cabinet is requested to resolve:
a) Extend the Measured Term Contract by one
year to end on the 31st May 2016.
b) To delegate to the Head of Service authority
to extend the Measured Term Contract by a
further year from 1st June 2016 to the 31st
May 2017.
c) To limit the spend value in any one year to a
maximum of £100,000.
Reasons for
Recommendations:
The MTC is a cost effective and efficient way to procure
small scale remedial coastal works. The two one year
extensions will enable this work to continue to be
procured and implemented in a cost effective manner.
Cabinet Report - BJF/ 02.03.15
31
Cabinet Report - BJF/ 02.03.15
Cabinet Member(s)
Ward(s) affected
Cllr. A Fitch-Tillett
Contact Officer, telephone number and email:
Brian J Farrow ~ Coast Engineer 516193
Brian.farrow@north-norfolk.gov.uk
1.
1.1
Introduction.
A Measured Term Contract (MTC) is a contract whereby a single term Contractor
undertakes to carry out a variety of small works (in this case coastal) over a period of
time within a defined geographical area and where the works are subsequently valued
at rates contained in an agreed priced schedule of rates.
1.1
An MTC enables small works to be implemented in a cost effective manner without
recourse to lengthy tender procurement administration processes for each piece of
work.
1.2
In this instance, a single procurement tender exercise was undertaken and, at their
meeting in May 2012, Cabinet resolved that Renosteel Construction be awarded the
contract (won in open tender to undertake a three year Measured Term Contract to
procure small scale coastal works to commence on 1st June 2012 and finish on 31st
May 2015).
2.
Report Details
2.1
The initial contract was for three years and included a clause whereby the contract
could be further extended by two single year extensions if all parties are agreeable
and all conditions are met.
2.2
The value of the contract is variable but to be in the region of £100,000 per annum
depending upon the circumstances prevailing. The funding comes from the annual
coast protection revenue budget which is currently £320,000 per annum.
2.3
The contract includes annual performance reviews which include Key Performance
Indicators (KPIs) for standards of work, response times, health & safety performance,
contractor diligence and value for money. There is a clause in the contract for either
side to terminate the contract with an eight week notice period.
3
Conclusion
Provisions within the MTC allow for its extension, where appropriate and where both
parties agree. The contractor has performed well (as evidenced by continuous
monitoring and the annual reviews) and it is considered appropriate to extend the
contract for one year thereby continuing to procure cost effective coastal
maintenance works at competitive rates.
Delegating authority for agreeing the contract’s extension for a further year will
expedite the process of extending it for a furtherone year period if this is considered
to be appropriate at the time.
4
Implications and Risks
The recommended actions in this report are in accordance with the current practice
and procedures and pose no greater risk to the Council. The largest risk would be the
failure of the contractor to perform against the contract. However, the contract
includes annual performance reviews which include KPIs for standard of work,
response times, health and safety performance, contractor diligence and value for
money. There is a clause in the contract for either side to terminate the contract with
Cabinet Report - BJF/ 02.03.15
32
Cabinet Report - BJF/ 02.03.15
an eight week notice period. To date the Contractor has performed with due diligence
and his annual reviews have been good in all areas.
5
Financial Implications and Risks
The project will enable the continued effective use of limited funds.
6
Sustainability
There are no sustainability issues.
7
Equality and Diversity
There are no equality or diversity issues.
8
Section 17 Crime and Disorder considerations
There are no Crime & Disorder implications.
9
Conclusions
Officers consider that the Measured Term Contract is the best way to procure small
scale coastal works. Two one year extensions of the MTC as allowed for in the
current contract is the logical cost effective way to proceed.
……………………………………………………………………………………………………………
Appendix A
The original Cabinet Report of 14 May 2012
……………………………………………………………………………………………….
Appendix B
The Tender Document
……………………………………………………………………………………..
Appendix C
End of Year Reports for the MTC
……………………………………………………………………………………
Cabinet Report - BJF/ 02.03.15
33
Agenda Item No____14________
Corporate Enforcement Policy
Summary:
It is proposed that the Council adopts a Corporate
Enforcement Policy which sets out the overarching
principles that apply to all of the Council’s enforcement
activities.
Options considered:
To retain individual departmental enforcement policies
and guidance, this leads to confusion for customer and
is a reputational risk.
Conclusions:
A single Corporate Enforcement Policy to ensure the
Council acts in a more consistent manner across all its
enforcement activities, and assists with cross
departmental working.
Recommendations:
For Cabinet to approve the Corporate Enforcement
Policy.
Reasons for
Recommendations:
A single Corporate Enforcement Policy to ensure the
Council acts in a more consistent manner across all its
enforcement activities, and assists with cross
departmental working. It provides a single point of
reference for customers, in setting out expectations in
relation to transparency, accountability, proportionality,
consistency and targeting of enforcement activities
across the Council
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)
Corporate Enforcement Policy
Cabinet Member(s)
Cllr R Oliver
Ward(s) affected
All
Contact Officer, telephone number and email:
Nicola Baker 6135
James Wilson 6274
34
1.
Introduction
1.1
The Council currently undertakes are range of enforcement activities across
its services. These include:
 Food Safety
 Licensing
 Health and Safety
 Environmental Protection and Anti-social behaviour
 Planning
 Building Control
 Private Sector Housing (including Empty Homes)
 Housing and Council Tax Benefit Fraud
1.2
Currently each service has individual policies and procedures relating to its
enforcement role.
1.3
This report proposes the adoption of a single Corporate Enforcement Policy
which sets out the overarching principles that apply to all of the Council’s
enforcement activities.
1.4
It reflects the advice and good practice guidance contained in the
Enforcement Concordat and also the Regulators Code published by the
Department for Business Innovation & Skills Better Regulation Delivery
Officer.
1.5
It provides a single point of reference for customers, in setting out
expectations in relation to transparency, accountability, proportionality,
consistency and targeting of enforcement activities across the Council.
1.6
It builds on the work of the Enforcement Board encouraging a multidisciplinary approach to complex enforcement cases to ensure the Council
uses the most appropriate legislation/action to secure a satisfactory resolution
of the issue.
1.7
Whilst this document sets out the overarching principles, more detailed
guidance and processes will be produced on a service specific basis,
ensuring all relevant legislation and best practice guidance is adhered to.
2
2.1
3
Conclusion
It is recommended that the Corporate Enforcement Policy be adopted.
Implications and Risks
3.1
Other Councils within Norfolk have been criticised for having multiple
enforcement policies which have conflicted each other, this has led to court
cases being questioned and reputational issues for the authority.
3.2
The adoption of a single Corporate Enforcement Policy will add to
consistency of our approach across a range of enforcement activities and
therefore reduce the overall risk to the Council.
3.3
This document has been develop in consultation will all the enforcement
services, and with advice from legal services.
35
4
Financial Implications and Risks
None
5
Sustainability
None
6
Equality and Diversity
This is considered by the individual service undertaking the Enforcement
Action, as appropriate to each case.
7
Section 17 Crime and Disorder considerations
This is considered by the individual service undertaking the Enforcement
Action, as appropriate to each case
36
CORPORATE ENFORCEMENT POLICY
Purpose of this Document
This document sets out the overarching principles that apply to all of the Council’s
enforcement activities, across the range of services it provides. Enforcement plays an
important role in enabling the Council to achieve its corporate priorities.
It reflects the advice and good practice guidance contained in the Enforcement
Concordat and also the Regulators’ Code published by the Department for Business
Innovation & Skills Better Regulation Delivery Office.
How to Use this Document
Whilst this document sets out the overarching principles, each service operates within
specific legislative framework, therefore more detailed service specific advice is set out
in the appendices attached to this report. This includes:








Food Safety
Regulatory Service and Licensing
Health and Safety
Environmental Protection
Planning
Building Control
Private Sector Housing
Housing and Council Tax Benefit Fraud
Why Enforcement Action is important
Enforcement Action is an integral part of the services that we operate. At the heart of
the legislative framework, which defines our service is the need to protect public health
or the environment for the wider public benefit.
In other areas, such action is designed to protect the public purse and ensure the
proper use of resources for the wider public benefit.
37
Principles of Good Regulation
For the purpose of this document, this includes the general principles for good
enforcement within the Enforcement Concordat (outlined below) and the key principles
with in the Regulators code (April 2014) which specify:






Regulators should carry out their activities in a way that supports those they regulate
to comply and grow
Regulators should provide simple and straightforward ways to engage with those
they regulate and hear their views
Regulators should base their regulatory activities on risk
Regulators should share information about compliance and risk
Regulators should ensure clear information, guidance and advice is available to help
those they regulate meet their responsibility to comply
Regulators should ensure that their approach to their regulatory activities is
transparent
In determining the nature of enforcement action to be taken, the investigation should
ensure that any sanction or penalty should:






Aim to change the behaviour of the offender
Aim to eliminate financial gain or benefit from non-compliance
Be responsive and consider what is appropriate for the particular offender and
regulatory issues, which can include punishment and the public stigma that can be
associated with a criminal conviction
Be proportionate to the nature and seriousness of the offence and the harm caused
Aim to restore the harm caused by the regulatory non-compliance where appropriate
Aim to deter future non-compliance
The five principles of good regulation are:





Transparency;
Accountability;
Proportionality;
Consistency; and
Targeted only at cases where there is a need for action.
Transparency

We will communicate in plain English or in the appropriate language or method

In most circumstances we will ensure that people affected by formal action are
informed of what is planned, and allow for discussion and time to respond before
the action is taken.
38

Where practicable we will also give them a named officer’s contact details or
when dealt with by a team the teams details. These arrangements must have
regard to legal constraints and requirements.

When a notice is served it will say what needs to be done, why, and by when,
and why the notice is necessary

We will make a clear distinction between legal requirements and recommended
works.
As part of our commitment to equality we will use the following:





Where businesses or the public do not have English as a first language we will
offer translations of correspondence.
We also use INTRAN, the Interpretation and Translation Agency for the Public
Services of Norfolk covering telephone interpreting, face to face interpreting, sign
language and lip speaking service.
We can provide large print documents and Braille
We can provide audio information
Documents can be emailed
Accountability
Officers will actively work with businesses and the public to advise and to assist with
compliance and complaints.

Officers will show their identification (and authorisation if requested) at the outset
of every visit and explain the reason for the visit, unless the nature of the
investigation requires otherwise.

The whole range of enforcement activities will be dealt with as promptly and
efficiently as possible in order to minimise time delays.
 We have a range of mechanism to enable and regularly invite, receive and take
on board customer feedback, including, for example, through customer
satisfaction surveys of those we regulate and the Councils corporate complaints
procedure.
Proportionality

Any action taken will be proportionate to the breach or wrongdoing. In
considering what action to take, the Council will look at factors including the
nature and seriousness of the offence; the risk to health, safety and the
environment and the need to protect the public and the public purse as well as
39
the relevant criteria set out in the “Enforcement Activities” section of this
document.

In some cases, the council may consider that the most appropriate course of
action is prosecution. Where this is the case, the Council will consider the
sufficiency of the evidence and whether a prosecution is in the public interest.
Consistency

Consistency of approach does not mean uniformity. It means taking a similar
approach in similar circumstances to achieve similar ends.

There are arrangements in place to ensure discussion and comparison of
enforcement decisions by the Officers.

All Officers undertaking enforcement duties will be suitably trained, qualified
and authorised to ensure that they are fully competent to undertake their
enforcement duties.
Targeted

All enforcement action will be primarily targeted towards those situations that
give rise to the most serious risks, where the risks are least well controlled and
against deliberate or organised crime. Other factors also determine priorities for
enforcement activity, including Government targets and priorities, new legislation,
national campaigns and public concerns.

Any enforcement action will be directed against those responsible for a breach.
Where several individuals have responsibilities, enforcing authorities may take
action against more than one when it is appropriate to do so in accordance with
this policy.

By having a coherent and robust intelligence system, effective strategies can be
formed to enable and co-ordinate solutions to particular problems. This enables
the identification of new, current and emerging issues, allowing provision of
strategic and tactical direction on how the issues can best be tackled. Activities
are targeted based on general or specific risks identified via trends, history or
specific incidents. Enforcement Agencies exchange information as part of their
partnership work in reducing crime and disorder.

The Council will also share information across its services where it is authorised
to do so.
40
Corporate Enforcement Board
The Council will take a multi-disciplinary approach to complex enforcement cases to
ensure that it uses the most appropriate legislation/action to secure a satisfactory
resolution of the issue. The Council Enforcement Board co-ordinates enforcement
activities across all the services, those cases identified by the Board are dealt with as
high priority.
Standards
The Council will draw up clear standards, setting out the level of service and
performance that customers can expect to receive. We will review performance
regularly and publish results in line with the corporate performance framework.
The Corporate Enforcement Policy will be subject to review at least every three years,
but the plan may be reviewed on a more regular basis if circumstances dictate.
Complaints about the service
The Council has a well publicised, effective and timely complaints procedures easily
accessible to business, the public, employees and consumer groups. In cases where
disputes cannot be resolved, any right of complaint or appeal will be explained, with
details of the process and the likely time-scales involved.
Conflict of Interest in Enforcement Matters
Where investigating enforcement action involving the enforcing authority itself is
responsible, or it involves the activities related to an employee or Member of the
Council, then the Chief Executive or Section 151 officer will be informed of serious
breaches without delay or in cases where formal action is being considered. Information
will be released as appropriate and will be specific to each service area.
The Council’s Constitution contains the Members Code of Conduct and the Employee’s
Code of Conduct which covers the conduct of Member and Officer including declaration
and conflicts of interest.
Enforcement Activities
All enforcement action, whether informal or formal, will be carried out in accordance with
the principles set out in this Policy. In deciding to take formal action and if so what type
of action to take, officers will consider the following criteria:

the nature and seriousness of the offence;
41












the consequences of non-compliance in terms of risk to people, property, the
community or the environment;
the individual’s or company’s past history in terms of compliance;
confidence in management, level of awareness of statutory responsibilities
and willingness to prevent a recurrence;
the likely effectiveness of the various alternative enforcement options;
the public interest, pubic expectation and the importance of the case in setting
a precedent;
the application of any national or local guidance to the matter in question;
information received following liaison with other external enforcing agencies;
relevant case law and guidance;
the likelihood of the offender being able to establish a defence;
the consumer/complainants attitude towards formal action;
the information received following liaison with other authorities;
the reliability of witnesses.
Enforcement Actions
Where breaches of the law exist, informal action may be taken in the first instance
where the officer is satisfied that informal action will be effective. In deciding whether
informal action is appropriate, account will be taken of factors including whether the
breach is a first occurrence, the seriousness of the risk to public health, safety, amenity
or the environment and any loss to the public purse.
Where informal action has not been successful, or where it is not considered
appropriate formal action may be taken
Statutory Notices and Orders
Statutory Notices are legal documents normally requiring the recipient to carry out work
or to cease specified activities, to ensure compliance with legislation. They are issued
by the officer to whom authority is delegated by the Council. A wide variety of
Notices/Orders are provided in the legislation enforced by the Council, therefore specific
procedures for their issue are necessary. These are set out in the service area
enforcement protocols.
Prosecution
The decision as to whether to prosecute (or offer Simple Caution) will always be made
following a case conference. Each case will be considered on its own facts and merits.
All the circumstances surrounding the case will be considered including the social
benefits and costs associated with bringing the matter to the attention of the Courts.
42
Legal advice will be taken to ensure that only those cases presenting a realistic
prospect of conviction will be pursued. Due regard will be made to the availability of any
defenses and to any explanation, apology or other issue referred to by the suspect.
Simple Cautions
A Simple Caution may be used as an alternative to prosecution for first time minor
offences. The aim of a Simple Caution is to deal quickly and simply with offences, to
save court time and reduce the likelihood of re-offending.
A decision to offer a Simple Caution must be made having regard to:
 Home Office circular 30/2005 Cautioning of Offenders;
 Guidance to Police Officers and Crown Prosecutors issued by the Director of
Public Prosecutions;
 LACORS Guidance on Cautioning of Offenders
If the offender fails to admit the offence and/or does not agree to the Simple Caution,
the case may be referred for prosecution
Publication, Consultation and Revision
The Policy will be published by the Council, and made available through its website.
This Enforcement Policy will be reviewed and updated whenever there are changes to
relevant legislation or centrally issued guidance. The review will take account of
changes in the law, operational experience and feedback from individuals and
businesses.
43