13 10 2003

A MEETING OF THE SERVICES OVERVIEW AND SCRUTINY COMMITTEE

WAS HELD ON 13 OCTOBER 2003

Councillors Burgess, Carr (P), Clinton (P), Francis, Mrs Gravell (P),

Hayward (P),Redrup (P), P Russell (P), Taylor (P), and Train (P)

It was reported that, in accordance with Standing Orders, notice had been received that Councillor Hook would replace Councillor Burgess for the duration of this meeting.

Councillor Taylor (Vice-Chairman) in the Chair

4.	APOLOGIES

An apology for inability to attend the meeting was received on behalf of Councillor Burgess.

5.	DECLARATIONS OF INTEREST

There were no declarations of interest.

6.	MINUTES

RESOLVED: That the Minutes of the meeting of the Committee held on 8 October 2003 be approved and signed by the Vice-Chairman as a true and correct record.

7.	TERMS OF REFERENCE FOR THE COMMITTEE

Whereas there had been previously three overview and scrutiny committees, as part of the review of the Constitution, the Council now had two committees, namely (i) Policy Overview and Scrutiny Committee – assisting the Council in the development of its budget and policy framework and (ii) Services Overview and Scrutiny Committee – responsible for service provision of the Boards.

A lead officer in Democratic Services had been identified to assist the Committee in its scrutiny function and would endeavour to advise, research and liaise with Members with a view to developing best practice for undertaking scrutiny.

The Borough Solicitor informed Members that the Policy Overview and Scrutiny Committee had been charged with the production of an Overview and Scrutiny Handbook, which would be a useful document providing guidance for Members of both overview and scrutiny committees on best practice scrutiny procedures.

RESOLVED: That the Terms of Reference of the Committee, as attached to these Minutes, be received and noted.

8.	REQUESTS FOR SCRUTINY

(A) The Committee considered the requests for scrutiny of the following matters, which had been referred from the Chairmen of Service Boards:

(a) Environmental Health (Commercial) Service Plan 2003-2004

Under the Food Safety Act 1990, as a designated Food Authority, the Council had a duty to enforce the Act and produce a service plan in the format contained within the Framework Agreement on Local Authority Food Law Enforcement. The service plan had to be submitted to Members for approval and should be reviewed annually.

The Committee felt that as the service plan would have been operational for the past six months, it would be more beneficial to undertake scrutiny at the draft stage of the service plan for 2004-2005 when it became available.

RESOLVED: That

(i) scrutiny of the Environmental Health (Commercial) Service Plan 2003-2004 be not undertaken and that the draft Service Plan for 2004-2005 be submitted to the Committee in due course for consideration of scrutiny; and

(ii) the Service Plan 2003-2004 be referred to the Community and Environment Board for approval.

(b)	Food Safety Enforcement Policy

The previous Health and Leisure Committee adopted a Food Safety Enforcement Policy in March 1995. Following the Council's adoption of the Enforcement Concordat and organisational changes within Environmental Health, the current policy needed to be revised.

RESOLVED: That

(i) the revised Food Safety Enforcement Policy be scrutinised;

(ii) a Working Group, comprising Councillors Hayward, Mrs Gravell and P Russell, be established to consider the revisions and report back to the Committee within three months.


(c)	Performance Information April 2002-March 2003

The Committee considered the report by the Housing Manager providing analyses of the key housing management performance during the financial year 2002-2003.

Members noted the content of the report and a Member requested that 'vandalism' be recorded in the 'Nuisance' analysis for future years.

RESOLVED: That (i) the Performance Information 2002-2003 supplied by the Housing Manager be not scrutinised; and

(ii the information be made available to all Members by way of the next available Members' Information Bulletin.

(B) The Committee received and considered requests from Councillor Hook for scrutiny of the following:

(a) ' To determine the correct policy and procedures when a member of the public had a business venture they wished to pursue using/leasing land in the ownership of Gosport Borough Council. To ensure that best value practices were put in place to satisfy the council taxpayers of Gosport receiving the best financial deal.'

It was acknowledged that procedures existed for the sale or leasing of Council land or property but there were not clear guidelines or procedures for situations when the Council was approached from individuals, companies or organisations for the acquisition or leasing of Council land and/or property.

Members considered that a consistent approach in all instances was required. The Borough Solicitor noted Members comments and suggested that those issues could be considered as part of the review of the Constitution.

RESOLVED: That the issue raised by Councillor Hook be not scrutinised and that the review of the Constitution should consider this issue.

(b) 'To investigate the handling of the areas to the west of Stokes Bay to be leased for a café. To determine if there were any other interested parties and to explore other options in the vicinity'

At their meeting on 3 March 2003, the Community and Environment Board had resolved to approve in principle, the proposal for the building of a café/bistro and the lease of Council land at the western end of Stokes Bay, adjacent to No.2 Battery car park.

Councillor Hook questioned whether the Board had received all available information and evidence to enable them to make that decision.

The Borough Solicitor advised the Committee that, as part of the scrutiny protocol, they could not overturn a decision made by a Board but that they could consider how that decision had been arrived at, what information had been produced, whether any lessons could be learned, how processes could be improved.

Following a debate a vote was taken, the outcome of which was that this matter should not scrutinised.

RESOLVED: That the decision taken by the Community and Environment Board in respect of a proposed café/bistro facility at Stokes Bay be not scrutinised.

(C)	The following requests for scrutiny had been received, under the current provisions of the Constitution:

(a) Travellers in Gosport

In accordance with Standing Order 5.4.2, three members had submitted a request for the above issue to be scrutinised.

Councillor Edgar addressed the Committee highlighting public concern and the problems that arise from travellers unlawfully setting up home temporarily on local open spaces in Gosport.

Councillor Edgar requested that a review of actions taken during the past 12 months, in connection with the unauthorised camping by travellers, be undertaken, together with investigations involving police, Hampshire County Council, Social Services, Town Hall staff etc, in order to develop procedures and a strong corporate approach for dealing with incursions in the future.

The Committee felt that rather than setting up a small working group to consider the matter, all Members of the Committee would benefit from participating, as a group, to scrutinise this major issue.

RESOLVED: That the request to investigate the problems arising from travellers' incursions in Gosport be scrutinised by the Committee and that a meeting be arranged to discuss the process for the scrutiny.

(b)	Allotments

The Chairman of the Community and Environment Board addressed the Committee.

Councillor Wright referred to a letter that had been sent to all Members of the Council from the Gosport Allotment Holders and Gardeners Association. He requested the Committee to consider a Borough-wide review of allotments, which might include investigating:
o the total number of allotments and their location in the Borough;
o how many of those were currently used;
o current demand and waiting lists;
o facilities on site;
o security; and
cost of provision compared to rental received.

RESOLVED: that a Working Group, comprising Councillors Clinton, Mrs Gravell and Train, be established to scrutinise matters relating to allotments in the Borough and report back to the Committee before the end of the Municipal Year 2003-2004.

9.	NO BALL GAMES

, The former Community and Environment Overview and Scrutiny Committee had set up a Working Group to undertake the scrutiny of the implications and practicalities of erecting notices/signs to prohibit ball games in locations where there was a likelihood of residents suffering disturbance and damage through inappropriate and inconsiderate behaviour.

The Working Group had begun investigations into the matter but, as a consequence of a review of the Constitution, their enquiries had not been completed. The Committee were requested to consider whether they wished to continue with scrutiny of this topic.

During debate, Members' comments focussed on:
problems of enforcement;
possibilities and implications of a byelaw;
legal implications;
Human Rights Act;
vociferous complaints received;
issue being wider that ball games causing problems;
identify problem 'hot spots';
re-issue the questionnaire, seeking Members' views;
investigate other available facilities for young people and youths .

The Committee were minded to continue with the scrutiny but considered that the remit might need to be broadened to encompass anti-social behaviour. It was suggested that a covering letter, together with a further copy of the questionnaire, could be sent to all Members outlining the intentions of further investigation.

RESOLVED: That a Working Group, comprising, Councillors Carr, Redrup and Taylor, be established to review the responses to a questionnaire on ball games and to consider whether the remit of the scrutiny should be widened. The Working Group are to report back to the next meeting of the Committee on 27 November 2003.

10.	DEVELOPMENT OF A WORK PROGRAMME

The Committee considered the development of a work programme. In the light of decisions made at this meeting, a work programme emerged as follows:


Topic	Detail	Timescale	Action by
Food Safety Policy	To consider the review of the policy	3 months (ie January 2004)	Councillors Hayward, P Russell and Mrs Gravell

Travellers in Gosport	To investigate the problems arising from incursions in Gosport	On going	All Committee Members

Allotments	To undertake a Borough-wide investigation in respect of allotments	6 months or by the end of the Municipal Year 2003-2004	Councillors Clinton, Mrs Gravell and Train

No Ball Games	To continue scrutiny of problems arising from nuisance of ball games and anti-social behaviour	Initial report to Committee – 27 November 2003	Councillors Carr, Redrup and Taylor


The meeting commenced at 6.00pm and concluded at 7.32pm




CHAIRMAN