Agenda, decisions and minutes

1.1  Apologies for absence were received from Councillors Hanson, Bell, Chauhan, Etti, Gordon, Joseph and Snell.

2.1  Councillors Stops, Fajana-Thomas and Ozsen declared a non-pecuniary interest as deferred members of the LGPS.

RESOLVED that the minutes of the previous meeting held on July 2018 be confirmed as a correct record.

RESOLVED to:

1.  Approve the updated and amended Employing Authority Discretion Policies. 

2.  Note the ongoing delegated authority to the Group Director, Finance and Corporate Resources and the Director of Legal, to amend the Employing Authority discretions policies where changes are necessitated by new regulations and provided that the policy changes will have no significant financial implications.

4.1  Rachel Cowburn introduced the report setting out the London Borough of Hackney’s policies in respect of the discretionary elements within the Local Government Pension Scheme Regulations (LGPS).

RESOLVED to:

1.  Approve the updated and amended Employing Authority Discretion Policies. 

2.  Note the ongoing delegated authority to the Group Director, Finance and Corporate Resources and the Director of Legal, to amend the Employing Authority discretions policies where changes are necessitated by new regulations and provided that the policy changes will have no significant financial implications.

4.1  Rachel Cowburn introduced the report setting out the London Borough of Hackney’s policies in respect of the discretionary elements within the Local Government Pension Scheme (LGPS) Regulations. 

4.2  Ms Cowburn advised that the discretions policy had been updated to reflect the implementation of the LGPS (amendment) Regulations 2018 and best practice. The new policy and changes to existing policies were highlighted within Appendix 1 of the report.

4.3  Councillor Stops enquired if the Council had a policy to address the issue of former employees receiving exit payments and then being re-appointed by the Council.  Mr Paul stated that national legislation set out the recovery of exit payments from former public sector employees that were re-employed within the sector within 12 months period.  Ms Cowburn added that the Council had existing policy to ensure that redundant Council staff were not employed by the Council. 

4.4  In response to a query regarding the delegated authority to amend the discretion policies, Ms Cowburn clarified that any material changes in policies that had significant financial implications would be referred to the Pensions and Corporate Committees for approval.

RESOLVED to:

1.  Approve the updated and amended Employing Authority Discretion Policies.

2.  Note the ongoing delegated authority to the Group Director, Finance and Corporate Resources and the Director of Legal, to amend the Employing Authority discretions policies where changes are necessitated by new regulations and provided that the policy changes will have no significant financial implications.

RESOLVED:

To note the annual performance report for the service and the annual strategic assessment of the Local Environmental Quality Enforcement Strategy 2017/18.

5.1  Gerry McCarthy introduced the annual performance report across the Environmental Enforcement remit for the financial year 2017/18 and Annual Strategic Assessment of the Local Environmental Quality Enforcement Strategy. The report set out the key areas relating to environmental enforcement, management arrangements, resourcing and the key targets.

5.2  Mr McCarthy outlined the service’s enforcement activities including: unregulated waste, highways obstructions, dog fouling and dog control, littering, illegal street trading, flyposting, and vomiting.  A brief summary was provided of the overarching objectives set out in the Local Environmental Quality Enforcement strategy and the priorities in the strategy including to minimise the environmental impact of the growing night time and weekend economy; reduce fly posting, unregulated waste, illegal highway obstructions and dog fouling.

5.3  Mr McCarthy stated the objectives for 2017/18 as follows:

 tackling unregulated waste, improved levels of compliance, cost avoidance and sustained improvements in local environmental quality particularly in the night time economy and contribution to area regeneration. It was noted that at page 32 of the report the performance indicator HCS PR 057- Number of businesses in the borough with a trade waste agreement - had been deactivated in 2017/18 and was no longer relevant.

5.4  Mr McCarthy emphasised that the Service was running a project targeting the main roads that had amongst the highest volume of unregulated waste, namely the A10 (Kingsland Road through to Stamford Hill), Broadway Market and Chatsworth Road

5.5  Councillor Stops asked if the displaying of shop front licences in trader’s premises window could be made mandatory and any breaches enforced, and whether time bands had been effective. Mr McCarthy advised that all shop front licensees are required to display their licence within the window of their premises ensuring it is visible at all times and failure to do so  was a contravention of the terms and conditions of the licence.  The service was also considering adding the terms and conditions on the new system so that inspectors could access these records and take enforcement action as appropriate.  With regard to the time bands, this enabled the Council to collect refuse from bins left on the pavement where it was difficult to identify the owner.  The Council was in the process of reviewing the current time bands in conjunction with Waste Operations to tackle high volume crimes such as litter.

5.6  Councillor Hercock enquired how many waste companies provided waste collection services within the borough.  Mr McCarthy stated that there were approximately five reputable companies providing waste collection contracts and that the waste contract depended on the business activity with a pharmacy requiring a different contract from a local store.     

RESOLVED:

To note the annual performance report for the service and the annual strategic assessment of the Local Environmental Quality Enforcement Strategy 2017/18.

  RESOLVED:

To note the content of this report and the level of work being carried out in relationto Shop Fronts Licensing and Enforcement.

6.1  Gerry McCarthy introduced the report setting out the performance of the shop fronts service, specifically focusing on the enforcement aspect of tables and chairs within the borough for the period 1^st April to 30^th September 2018.

6.2  Mr McCarthy advised that businesses were required to have a shop front licence to trade goods and services outside shops, including tables and chairs.  The highest volume of shop front trading licences issued across the borough were for tables and chairs and it was also the main area for complaints and enforcement action.  Markets and Street Trading Service managed the licensing and enforcement process and in April 2018 the service invested £12,500 in a new Licensing system for shop fronts enabling Inspectors to access shop front records in real time and complete shop front application on their ipad devices.  In addition, the service had undertaken 175 visits in a month that had resulted in year on year increase in enforcement visits and action taken for breaches or complaints by 20% in 2018.

6.3  Mr McCarthy stated that initially officers revisited a new licensee twice within the first month of trading and at least once a month thereafter unless a complaint or intelligence were received to suggest non-compliance or breaches of the terms and conditions of the licence.  It was reported that from April 1^st 2018 the new disciplinary enforcement process consisted of a verbal warning, written warning and FPN issued; final written warning and FPN issued, revocation of licence and /or prosecution, and right of appeal via the Head of Service.  Mr McCarthy said that L and G Disposables, 2-3 Market Parade, Oldhill Street, N16 was now in compliance of its conditions.

6.4  Mr McCarthy highlighted that consultation would commence in November 2018  on shop fronts fees and charges with proposals to change the current fees and charges from a banding system to a pay by square metre system. Mr McCarthy outlined the clearances at paragraph 4.2 at page 60 of the report, which stated that ‘a minimum of 1.2m clear of any obstruction shall be maintained for safe access to and egress from the premises.’ and paragraph 9.4 ‘Temporary barriers of the type and construction approved by the council be placed around the licensed area at the start of the licensed trading day and remain in place throughout the trading day until they are removed to a place of storage off the highway at the end of the licensed trading day.’

6.5  Councillor Fajana-Thomas sought clarification regarding the shop front trading licence and whether there were any mechanisms in place to manage and control the number of licences granted for tables and chairs, if traders were aware that they had to apply for a permanent licence after they had been issued a temporary licence and clarification regarding banding and fees.  Mr McCarthy stated that the control and management of licences for tables and chairs would be referred to the Street Trading team  ...  view the full minutes text for item 6.

7.1  The draft work programme for 2018/19 was noted.

8.1  There was no other urgent business.