Agenda and minutes

An apology for absence was received from Councillor Myers.

Members are requested at a meeting where a disclosable pecuniary interest or personal interest arises, which is not already included in their Register of Members' Interests, todeclare any interests that relate to an item on the agenda.

Where a Member discloses a Disclosable Pecuniary Interest, he/she must withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest, except where he/she is permitted to remain as a result of a grant of a dispensation.

Where a Member discloses a personal interest he/she must seek advice from the Monitoring Officer or staff member representing the Monitoring Officer to determine whether the Member should withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest or whether the Member can remain in the meeting or remain in the meeting and vote on the relevant decision.

In accordance with Paragraph 9 of the Council’s Code of Conduct, the following declaration of personal interest was made and the Member concerned remained in the room during the consideration of the item, took part in the consideration of the item but did not vote:

Minutes of the meetings held 9 November 2021 and 14 December 2021

Minutes of the remote informal meeting of the Committee held on 18 January 2022 

RESOLVED: That

Report of the Chief Legal and Democratic Officer

The Committee considered (a) the report of the Chief Legal and Democratic Officer, which set out the decision of the Cabinet Member – Locality Services in relation to Knob Hall Lane, Southport, and the reasons why the decision had been called-in; and (b) the report of the Head of Highways and Public Protection which was considered by the Cabinet Member – Locality Services in relation to this matter.

The decision taken by the Cabinet Member – Locality Services on 9 December 2021 in relation to this matter was as follows:

Decision Made:

That:

Reason for Decision:

The issue of maintenance responsibility for Knob Hall Lane has been the source of dispute for many years. In November 2019, Cambridge Ward Councillors, on behalf of the residents of Knob Hall Lane, collectively raised the issue with the Head of Highways and Public Protection. Investigations were therefore commenced which involved a thorough search of the Council’s documentary records, and legal advice was sought. Endorsement of the suggested position will enable officers to communicate that position to interested parties.

Alternative Options Considered:

The Council could adopt a different position to that set out. This option has been rejected, as the position suggested is considered correct on the basis of analysis of the circumstances, legislation, case law, and historic documentary evidence.

The decision was subsequently called-in by Councillors Evans, Dodd and Pugh.

Paul Fraser, Senior Democratic Services Officer reported on the validity of the call-in and highlighted that the call-in requisition:

·       had been received within the specified call-in period;

·       had been signed by three Members of the Council who were not Members of the Cabinet, in accordance with the provisions in Chapter 6, Paragraph 38(a) of the Council’s Constitution; and

·       referred to a specific decision made by the Cabinet Member – Locality Services and provided reasons for call in, in accordance with Chapter 6, paragraph 40 of the Constitution.

Councillor Evans, on behalf of Councillors Dodd and Pugh, addressed the Committee and outlined and amplified the reasons for the call-in as follows:

Report of the Head of Highways and Public Protection

Further to Minute No 6 (2) of the informal meeting of the Committee held on 18 January 2022 the Committee considered the report of the Head of Highways and Public Protection on the potential to establish a Working Group to review the topic of dog fouling in public places and methods to combat such an anti-social practice.

The report stated that failure to pick up dog fouling and the inappropriate disposal of dog ‘fouling bags’ (littering) by irresponsible dog walkers were  legitimate concerns for Members, residents and visitors to the Borough as such unpleasant and anti-social acts could significantly impact upon the use, appearance, and enjoyment of public spaces; that the recent consultation regarding implementation of a Public Spaces Protection Order (PSPO) for dog Control, including dog fouling, saw a 95.95% positive response to the proposal to allow Fixed Penalty Notices to be issued across the Borough for dog walkers who failed to pick up dog fouling; and detailed the several ways how the Council currently tackled this issue.

The report also detailed the tools available to ensure compliance and change to this anti-social behaviour and that they were often categorised as Education, Engineering and Enforcement (the three E’s); that there was a potential to review the topic of dog fouling centred on these 3 E’s; that a working group could consider:

·       Current Council policies and practices in dealing with dog fouling and disposal of dog ‘fouling bags’

·       Areas of good practise within the Council

·       Good practise within other local authorities or similar organisations

·       Areas for improvement within the Council’s policies and practice

However, there was a danger that any new working group to review the impact of dog fouling in public places and the methods to combat this may see significant duplication in the matters already considered by the previous, recently completed Effectiveness of the Council’s Enforcement Activity Working Group.

The report concluded by suggesting two options for consideration, namely:

Members of the Committee asked questions/commented on the following issues:

·       The establishment of a Working Group to review the topic of dog fouling may duplicate work recently completed by this Committee’s recently concluded Effectiveness of the Council’s Enforcement Activity Working Group

·       bearing in mind this was the last meeting of the Committee in the Municipal Year; that a new Committee would be established  ...  view the full minutes text for item 37.

Report of the Chief Legal and Democratic Officer

The Committee considered the report of the Chief Legal and Democratic Officer on the Work Programme for 2021/22; the identification of potential topics for scrutiny reviews to be undertaken by a Working Group(s) appointed by the Committee; the identification of any items for pre-scrutiny from the Key Decision Forward Plan; and that updated on the Liverpool City Region Combined Authority Overview and Scrutiny Committee.

RESOLVED: That

Report of the Chief Legal and Democratic Officer

The Committee considered the report of the Chief Legal and Democratic Officer that included the most recent reports from the Cabinet Members for Communities and Housing; Health and Wellbeing; Locality Services; Planning and Building Control; and Regeneration and Skills.

RESOLVED: That