05 02 2004

A MEETING OF THE SERVICES OVERVIEW AND SCRUTINY COMMITTEE

WAS HELD ON 5 FEBRUARY 2004

Councillors Burgess (P), Carr (P), Clinton (P), Hayward (P),Redrup (P),

M Russell (P), P Russell (P), Taylor (P), and Train (P)

NB It was reported that Councillor M Russell would replace Councillor Mrs Gravell on the Committee for the remainder of the Municipal Year 2003-2004.

20.	APOLOGIES

There were no apologies for absence

21.	DECLARATIONS OF INTEREST

There were no declarations of interest.

22.	MINUTES

RESOLVED: That the Minutes of the meeting of the Committee held on 27 November 2003 be approved and signed by the Chairman as a true and correct record.

23.	REVIEW OF SCRUTINIES BEING UNDERTAKEN

The Committee considered the progress of the working groups undertaking scrutiny on the following issues:

(i) Allotments

The action plan and progress showing areas of investigation and action to be taken by the Allotments Working group had been circulated with the agenda.

Members noted that a public meeting would be held at 6.30pm on Wednesday 18 February 2004 in the Council Chamber at the Town Hall. Letters had been sent to all allotment holders, notices had been posted at each allotment site and on the Council's public notice boards throughout the Borough in an attempt to reach the widest possible audience.

During the scrutiny process to date, the Working Group had obtained information from Council officers and now wished to hear the views and concerns of allotment holders and the community in respect of suggestions for improvements, management of sites, facilities, access, promotion of vacant plots and any experiences they wished to share.


Questionnaires had been sent to all allotment holders and an analysis of the responses would be available at the public meeting.

RESOLVED: That the Allotment Working Group's action plan and progress be noted.

(ii) Anti Social Behaviour

The action plan showing the areas of investigation and progress of the Anti-Social Behaviour Working Group had been circulated with the agenda.

The Working Group had already received a plethora of background information and documents regarding protocols and practices presently in place and, at a meeting of the Working Group earlier, the Head of Economic Regeneration had provided information on the provisions within the new Anti Social Behaviour Act 2003. It was proposed that as part of the information gathering process, the Working Group would consider arranging discussions and consultation with officers, Registered Social Landlords and possibly interested parties who had experienced trauma as a result of anti-social behaviour.

It was probable that the Housing Tenants' Handbook would need to be reviewed in the light of new powers reflected by the 2003 Act.

RESOLVED: That the Anti-Social Behaviour Working Group's action plan and progress being made be noted.

24.	CONSIDERATION OF SCRUTINY FINDINGS

Food Safety Enforcement Policy

The Committee received the report of the Food Safety Enforcement Working Group, which outlined the background and methodology of the scrutiny process.

The Working Group had considered the draft policy and made a number of amendments to the text. The revised document was then sent to interested parties and placed on the Council's website for comment.

The Audit Commission had advised local authorities that elected Members should be involved in determining the Council's general policy to breaches of the law rather than detailed consideration of individual cases, other than in exceptional circumstances. The Working Group took account of that advice when scrutinising the revised policy.

Scrutinising the policy had been a useful exercise and the resulting document was considered to be more readable and understandable.

RESOLVED: That

(i) it be noted that Councillor Francis did not participate in the scrutiny process of the Food Safety Enforcement Policy; and

(ii) the Community and Environment Board be advised that the Services Overview and Scrutiny Committee:

	(a) have agreed the Food Safety Enforcement policy;

	(b) consider that the Council should review the Scheme of Delegation to Officers so that where a prosecution is the appropriate enforcement action, elected Members are not involved in that decision making process; and

	(c) consider that the Food Safety Enforcement Policy should be reviewed every two years.

25.	REQUESTS FOR SCRUTINY

The Committee considered the following request for scrutiny:

Health and Safety at Work Enforcement Policy

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

Following the successful scrutiny of the Food Safety Enforcement Policy, Members felt that, as there were similarities between the two policies, there was an opportunity for the Health and Safety at Work Enforcement Policy to be updated and scrutinised likewise.

RESOLVED: That

(i) the Health and Safety at Work Enforcement Policy be scrutinised;

(ii) a Working Group , comprising Councillors Hayward, P Russell and M Russell, be set up with regard to (a) above; and

(iii) a meeting be held at 10am on 13 February 2004.

26.	DEVELOPMENT OF A WORK PROGRAMME

The Committee reviewed the content of their work programme and considered its development.

Members noted that the Working Group set up to review the Food Safety Enforcement Policy had completed their scrutiny and that their report and recommendations and those of the Committee would be reported to the Community and Environment Board at their meeting on 1 March 2004.

It was further noted that the 'no ball games' issue had been subsumed by scrutiny of anti social behaviour.

The Committee had previously indicated that they wished to be involved in a review of contract procurement and details of timescales and action would be determined at a later meeting.

The following topics were included in the revised work programme for the Committee:

Topic		Detail	Timescale	Action by
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, M Russell and Train (Councillor M Russell replaced Councillor Mrs Gravell)
Contract Procurement		To be involved in a review of contract procurement	To be determined (see above)	To be advised
Anti-social behaviour		To consider the protocols, policies and enforcement to deal with anti-social behaviour	On going	Councillors Carr, Redrup and Taylor
Health and Safety at Work Enforcement Policy		To consider a review of the policy	By the end of the Municipal Year 2003-2004	Councillors Hayward, M Russell and P Russell


27.	EXCLUSION OF THE PUBLIC

RESOLVED: That under Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the under-mentioned item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12 A of the Act

28.	TRAVELLERS IN GOSPORT

The Committee considered the areas of investigation and action plan for developing procedures for dealing with traveller incursions in the Borough.

Members had been provided with information regarding measures taken to date to protect Council owned land and property, together with suggestions on preventative measures to discourage future encampments. In addition, confidential data had been provided in respect of illegal encampments in, and costs incurred by, other neighbouring local authorities during the periods 2002-2003 and 2003 –2004.

The Borough Solicitor reported orally on some aspects of the legal framework for the removal of travellers and would submit a briefing note outlining the new provisions and powers of the police authority, and of the Borough Council as landowners, at the next meeting of the Working Group, which would give a clearer indication of what could and could not be implemented to deal with illegal trespass.

RESOLVED: That

(a) arrangements be made for a meeting of the Working Group to consider:

(i) measures that could be taken to prevent traveller incursions at vulnerable sites;

(ii) the development of an action plan with timescales to investigate the problems relating to travellers' incursions in the Borough; and

(b) the Borough Solicitor be requested to provide a briefing note to clarify the legal framework within which the Borough Council can endeavour to prevent future illegal encampments.



The meeting commenced at 6.00pm and concluded at 6.51pm


CHAIRMAN