Agenda and minutes

To approve and sign as an accurate record the Minutes of the Extraordinary Council Meeting held on 16 September 2010.

The minutes of the Extraordinary Council Meeting held on 16 September 2010 were confirmed and signed as an accurate record.

Apologies for absence were received from Councillors Jean Campbell, Iain Coleman, Georgie Cooney, Andrew Johnson, Donald Johnson, Dame Sally Powell and Peter Tobias.  Apologies for lateness were received from Councillor Elaine Chumnery.

The Mayor announced with much sadness the deaths of former Mayor and Councillor, Mr Frederick (Fred) Charles Inniss and Honorary Freeman of the borough, Mr Andrew Holmes MBE.

Councillor Wesley Harcourt paid tribute to Mr Fred Inniss.

The Council observed a minute of silence in their memory.

The Mayor’s Announcements were circulated and tabled at the meeting.  (Copy attached as Appendix 1 to these minutes).

If a Councillor has any prejudicial or personal interest in a particular report he/she should declare the existence and nature of the interest at the commencement of the consideration of the item or as soon as it becomes apparent.

At meetings where members of the public are allowed to be in attendance and speak, any Councillor with a prejudicial interest may also make representations, give evidence or answer questions about the matter. The Councillor must then withdraw immediately from the meeting before the matter is discussed and any vote taken, unless a dispensation has been obtained from the Standards Committee.

Where members of the public are not allowed to be in attendance, then the Councillor with a prejudicial interest should withdraw from the meeting whilst the matter is under consideration, unless the disability has been removed by the Standards Committee.

The following declarations of interest were made:

·        Item 5.1 Petitions: Sands End Community Centre - The Mayor declared a personal interest as she was an attendee at the Sands End Community Centre.

·        Items 6.4 Question 4 – Mr Coll McDonnell and 7.4 Shepherds Bush Market Area Planning Brief – Market and Theatre Led Regeneration report:

• The Mayor, Councillors Belinda Donovan, Michael Cartwright, Stephen Greenhalgh, Robert Iggulden, Lucy Ivimy and Alex Karmel declared personal interests as they were members of the Hammersmith and Fulham Historic Buildings Group.
• The Mayor, Councillors Michael Cartwright, Stephen Greenhalgh, Robert Iggulden, Lucy Ivimy and Harry Phibbs declared personal interests as they were members of Hammersmith Society.

·        Item 8.1 Special Motion 1 – Threshold Housing Advice - Councillor Wesley Harcourt declared a personal interest as Threshold Housing Advice was one of the key members of the organisation that he worked for and they were also a partner in a joint bid to the legal services commission with the Citizens Advice Bureau of which he was a trustee.

The Council has received a petition requesting it to “abandon its plans to sell the Sands End Community Centre which houses our library and community centre and reinvigorate the management of the centre to generate fuller use of its many facilities and thereby increase its value to the community and reduce its costs to the borough.”

7.15pm - The Council received a petition requesting it to “abandon its plans to sell the Sands End Community Centre which houses our library and community centre and reinvigorate the management of the centre to generate fuller use of its many facilities and thereby increase its value to the community and reduce its costs to the borough.”  The petition organiser, Mr Nicholas Waldemar Brown, addressed the Council on the petition.

Councillor Greg Smith proposed that Option C to undertake research into the matter, as outlined in paragraph 2.1 of the report, be agreed by the Council.

Speeches on the petition were made by Councillors Lisa Homan, Stephen Cowan, Andrew Jones and PJ Murphy (for the Opposition) and Councillor Greg Smith responded to the comments.

Under Standing Order 15(e) (vi), Councillor Michael Cartwright moved an amendment to the report to replace the recommended Option “C” with Option “A” to take the action requested in the petition as outlined in paragraph 2.1 of the report.  Councillor Lisa Homan seconded the motion and it was put to the vote:

FOR                            12     (Councillors Aherne, Brown, Cartwright, Chumnery, Cowan, Harcourt, Homan, Jones, Murphy, Needham, Umeh and Vaughan)

AGAINST                   24

ABSTENTIONS         0

(The members of the Opposition requested that their names be recorded against their vote).

The motion was declared LOST.

The substantive motion was put to the vote and a roll-call was requested:

FOR                            26

AGAINST                   12

ABSTENTIONS         1

The recommendation was declared CARRIED.

RESOLVED:

That the Council agrees to Option C to undertake research into the matter, as outlined in paragraph 2.1 of the report.

The Leader/relevant Cabinet Member to reply to questions submitted by members of the public:

The Mayor called on those members of the public who had submitted questions to the Leader or Cabinet Member to ask their questions. The Leader or the relevant Cabinet Member responded.

[A copy of the public questions submitted and the replies given are attached at Appendix 2 to these minutes.]

7.47 pm - The Mayor called on Mr Jon Rowlerson who had submitted a question to the Cabinet Member for Residents Services (Councillor Greg Smith) to ask his question. The Cabinet Member for Residents Services responded.

7.50 pm - The Mayor called on Mr Nick Bardoni who had submitted a question to the Cabinet Member for Children’s Services (Councillor Helen Binmore) to ask his question. The Cabinet Member for Residents Services (Councillor Greg Smith) responded.

7.57 pm - The Mayor called on Ms Ann Rosenberg who had submitted a question to the Cabinet Member for Community Care (Councillor Joe Carlebach) to ask her question. The Cabinet Member for Residents Services (Councillor Greg Smith) responded.

(Due to the large number of members of the public present, the meeting was adjourned for 10 minutes for those members of the public to vacate their seats in the public gallery after the items on Sands End Community Centre had been discussed.  This was to allow those members of the public attending for the Shepherds Bush Market Area Planning Brief – Market and Theatre Led Regeneration report to be able to enter the gallery and listen to the discussion.)

The meeting was adjourned at 8.00pm.

8.10 pm - The Mayor called on Mr Coll McDonnell who had submitted a question to the Deputy Leader and Cabinet Member for Environment and Asset Management (Councillor Nicholas Botterill) to ask his question. The Deputy Leader and Cabinet Member for Environment and Asset Management responded.

This report provides information on the Council’s debt, borrowing and investment activity for the financial year ending 31 March 2010.

8.17pm - The report and recommendations were moved for adoption by the Leader, Councillor Stephen Greenhalgh.

The report and recommendations were put to the vote:

FOR                         26

AGAINST                0

ABSTENTIONS      12

The report and recommendations were declared CARRIED.

RESOLVED:

That the Council notes the borrowing and investment activity for the period 1 April 2009 to 31 March 2010.

This report seeks approval for the Council’s Statement of Licensing Policy 2010, which has been publicly consulted upon.  The Licensing Act 2003 requires each Licensing Authority to review its Statement of Licensing Policy every three years. 

It was last reviewed in 2007 and this will be our third edition which must be published by January 2011.  This report outlines the review and consultation process, issues for consideration and the proposed amendments which were subject to public consultation.

8.18pm - The report and recommendations were moved for adoption by the Leader, Councillor Stephen Greenhalgh.

The report and recommendations were put to the vote:

FOR                         Unanimous

AGAINST                0

ABSTENTIONS      0

The report and recommendations were declared CARRIED.

RESOLVED:

That the Council approves the Council’s Final Statement of Licensing Policy 2010 as set out in Appendix 1 of the report.

In April 2010, section 27 of the Policing and Crime Act 2009, amended Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, by introducing a new type of sex establishment called a ‘sexual entertainment venue’.  The new legislation offers the Council and local residents greater power to control the number and location of lap dancing clubs and similar venues in the borough.  If the Council wishes to adopt the powers offered by the legislation it needs to resolve to do so.

A draft Sex Establishment Policy was sent out for a 12 week consultation which began on 9 June 2010 and ended on 30 August 2010.  This report seeks the approval to exercise these powers and also upon the proposal to adopt a policy to reflect and set out the Council’s position.

8.19pm - The report and recommendations were moved for adoption by the Leader, Councillor Stephen Greenhalgh.

The report and recommendations were put to the vote:

FOR                         Unanimous

AGAINST                0

ABSTENTIONS      0

The report and recommendations were declared CARRIED.

RESOLVED:

(1)         That Council resolve that Schedule 3 (as amended) of the Local Government (Miscellaneous Provisions) Act 1982 shall apply to its area and shall come into force on 1 April 2011;

(2)         That Council adopt the levels of the appropriate maximum number of sex establishments within specified areas of the borough as set out at section 6 of the final draft Sex Establishment Policy;

(3)         That Council make regulations prescribing the standard conditions applicable to sex establishments; and

(4)         That Council adopt the final draft Sex Establishment Policy.

This report seeks a resolution to adopt the Shepherds Bush Market Area Planning Brief – Market and Theatre led Regeneration, October 2010 as a Supplementary Planning Document (SPD) to the Council’s Unitary Development Plan 2007 (as amended).

Attached to the report is a summary of representations received during the statutory public consultation period that took place between 10 September 2010 and 11 October 2010. As a result of the consultation exercise a revised version of the planning brief is attached highlighting changes made to the brief in response to the comments received.

8.20pm – Under Standing Order 15 (e) (ix) Councillor Cowan proposed a motion to adjourn the meeting so that this item was not considered.  Councillor Cartwright seconded the motion.  The motion was put to the vote and a roll-call was requested:

FOR                               12

AGAINST                      26

ABSTENTIONS            1

The motion was declared LOST.

8.28pm - The report and recommendations were moved for adoption by the Leader, Councillor Stephen Greenhalgh.  An addendum to the report including additional comments resulting from the consultation was circulated at the meeting.

Speeches on the report were made by Councillors Andrew Jones, Mercy Umeh, Michael Cartwright and PJ Murphy (for the Opposition) and Councillor Stephen Greenhalgh (for the Administration).

The report and recommendations were put to the vote and a roll-call was requested:

FOR                         26

AGAINST                12

ABSTENTIONS      1

The report and recommendations were declared CARRIED.

8.56pm - RESOLVED:

(1)    That the Council resolve to adopt the Shepherds Bush Market Area Planning Brief – Market and Theatre led Regeneration, October 2010 as a Supplementary Planning Document to the Council’s Unitary Development Plan 2007 (as amended); and

(2)    That the Director of Environment in conjunction with the Cabinet Member for Environment is authorised to approve any technical and other minor amendments to the submission documents before adoption.

This report details the work of the Audit Committee during 2009/10, outlining the key developments in Governance, Internal Control, Risk management, Internal Audit, Anti-fraud and External Audit.  It also sets out the plans for the future, built on the lessons learnt.  The report provides an opportunity for all members to review the Committee and to review its performance.

8.57pm - The report and recommendations were moved for adoption by the Leader, Councillor Stephen Greenhalgh.

The report and recommendations were put to the vote:

FOR                         Unanimous

AGAINST                0

ABSTENTIONS      0

The report and recommendations were declared CARRIED.

RESOLVED:

That the Annual Report be approved.

To consider and determine any Special Motions:

Under Standing Order 15(e)(iii), Councillor Loveday proposed a motion that Special Motion 5 be considered before Special Motion 1, which was agreed.

8.58pm – Councillor Stephen Cowan moved, seconded by Councillor Andrew Jones, the special motion standing in their names:

"This Council regrets the likely closure of Threshold Housing Advice following the cancellation of its funding and notes that it has been helping homeless people in this Borough since 1978. 

The Council recognizes the public service Threshold accomplished when it challenged the treatment of Ms. K and caused the Ombudsman to find the London Borough of Hammersmith and Fulham to have been in Maladministration. The Council notes that Threshold was also challenging the Council on two further cases while the organizations funding was under review. 

This Council believes that it would be detrimental to homeless people for Threshold Housing Advice to disappear from Hammersmith and Fulham and agrees to immediately reinstate Council funding.”

Speeches on the motion were made by Councillors Stephen Cowan, Andrew Jones, PJ Murphy and Lisa Homan (for the Opposition) and Councillor Lucy Ivimy (for the Administration).

The motion was put to the vote:

FOR                            12

AGAINST                   26

ABSTENTIONS         0

The motion was declared LOST.

9.27pm – Due to the subject of the motion, the Mayor vacated the chair and left the meeting.  The Deputy Mayor took the chair.

Councillor Colin Aherne moved, seconded by Councillor Michael Cartwright, the special motion standing in their names:

“The Council notes that at the Extraordinary Meeting of the Council on the 16th September 2010 the Mayor allowed Administration members to use their majority to stop public debates on the three Opposition Special Motions. This is the first time ever that this has happened in this borough. These motions had been legitimately placed onto the agenda for that meeting and were representing matters of concern brought to the Opposition by members of the public.

The Council notes that this unprecedented measure was proposed by the Conservative Chief Whip and agreed by all of the majority Conservative Members present. This happened despite the presence of over sixty homeless people, charity workers and other members of the public who had attended to witness these special motions being debated and voted upon.

This Council agrees that it is important that all Mayors must use the powers vested in that office to ensure that the ruling group do not abuse their powers to disregard the legitimate rights of the Opposition.

The failure of the Mayor to use these powers on the 16th September 2010 has had the consequence of Opposition Members being unable to maintain any confidence that the Mayor will act in an non-partisan manner to safeguard the democratic process at council meetings

Finally, it is with deep regret that the Council is asked to note that the Opposition members of the authority have no confidence in the impartiality of the current Mayor as she has endangered the non-political nature of her office.”

Speeches on the motion were made by Councillors Colin Aherne and Michael Cartwright (for the Opposition) and Councillors Alex Karmel and Matt Thorley (for the Administration).

Under Standing Order 15 (e) (vi), Councillor Lucy Ivimy moved, seconded by Councillor Tom Crofts an amendment to the motion to delete all words and insert:

“This Council has full confidence in the Mayor of the London Borough of Hammersmith and Fulham.”

Speeches on the amendment were made by Councillors Lucy Ivimy, Stephen Greenhalgh, Tom Crofts and Charlie Dewhirst (for the Administration) before it was put to the vote and a roll-call was requested:

FOR                            25

            AGAINST                   12

            ABSTENTIONS         0

The amendment to the motion was declared CARRIED.

Under Standing Order 24.3 Councillor Alex Karmel moved to extend the guillotine by 10 minutes.

Councillor Colin Aherne made a speech winding up the debate before the substantive motion was put to the vote and a roll-call was requested:

10.06pm – Councillor Caroline Needham moved, seconded by Councillor Elaine Chumnery, the special motion standing in their names:

“Labour Councillors note the devastating impact to Hammersmith and Fulham of the withdrawal of Building Schools for the Future Funding and calls on the Administration to use its influence with Central Government to restore money to implement a comprehensive building programme to enable schools to provide accommodation fit for purpose to enhance the life chances of all children at school within our Borough.”

The motion was put to the vote:

FOR                            12

            AGAINST                   25

            ABSTENTIONS         0

The motion was declared LOST.

10.07pm – Councillor Rory Vaughan moved, seconded by Councillor Colin Aherne, the special motion standing in their names:

"This Council calls on the government to confirm funding for the White City Health Centre and agrees to do all it can to speed up the completion of this important service for the people of Shepherds Bush and White City.”

The motion was put to the vote:

FOR                            12

AGAINST                   25

ABSTENTIONS         0

The motion was declared LOST.

10.08pm – Councillor Mark Loveday moved, seconded by Councillor Victoria Brocklebank-Fowler, the special motion standing in their names:

"This Council agrees the following appointment under its Constitution for the rest of the Municipal Year 2010/11, effective from the day after the Council meeting:

Councillor Georgie Cooney to be replaced by Councillor Thomas Crofts on the Licensing Committee and Licensing Sub Committee.”

The motion was put to the vote:

FOR                         Unanimous

AGAINST                0

ABSTENTIONS      0

The motion was declared CARRIED.

10.09pm – RESOLVED:

This Council agrees the following appointment under its Constitution for the rest of the Municipal Year 2010/11, effective from the day after the Council meeting:

Councillor Georgie Cooney to be replaced by Councillor Thomas Crofts on the Licensing Committee and Licensing Sub Committee.

There were no information reports to this meeting of the Council.

* * * * *   CONCLUSION OF BUSINESS    * * * * *