Agenda and minutes

There were none.

To approve the record of the meeting held on 1 December 2016.

The record of the meeting held on 1 December 2016 was agreed and signed by the Chairman as correct.

There were none.

Disclosable pecuniary interests

There were none.

Other interests

Item 5 – Business Rate Relief

The Chairman, Councillor Carr,  declared an interest as a Trustee of Chatham Historic Dockyard and a member of Kent and Medway Fire and Rescue Authority stating that he had been appointed to both organisations by the Council. He stated that he thought the Dockyard appointment was most relevant for the purposes of the meeting and that, although he was on the Board and the Dockyard had made a submission as part of the consultation, he was not involved in producing the submission and had kept and open mind on the issue. Councillor Carr said that he would come to a judgement in an unbiased way, based on all the information before the Committee.

Councillor Etheridge declared an interest as a member of Headway for Medway Steering Group. 

Councillor Griffiths declared an interest as a Non-Executive Director of Medway Community Healthcare.

Councillor Hall declared an interest as a member of Strood Youth Centre Management Committee.

Councillor Maple declared an interest as a member of Chatham Maritime Charitable Trust and Medway Credit Union, stating that we would keep an open mind and consider the issue solely in the public interest.

Councillor Murray declared an interest as a member of Rochester Grammar School for Girls Charity.

Councillor Royle declared an interest as a member of Rochester Cathedral Council.

Councillor Tejan declared an interest as a member of Medway Towns Sea Cadets.

Councillor Wildey declared an interest as a member of Woodies Youth Centre Management Committee.

This report outlines the proposed options for a revised set of guidelines for the

award of discretionary relief from National Non-Domestic (Business) Rates for

charities and other non-profit making organisations.

Discussion:

The Chief Finance Officer introduced a report outlining the proposed options for a revised set of guidelines for the award of discretionary relief from National Non-Domestic (Business) Rates for charities and other non-profit making organisations. On 8 March 2016 Cabinet had agreed to rescind the existing guidelines with effect from 31 March 2017 and to receive a further paper proposing a revised set of guidelines to be implemented from 1 April 2017. Three options had been consulted upon, as follows:

Option 1 – Reinstate the current guidelines whereby all charities, not for profit organisations and community amateur sports clubs would be treated the same and receive the maximum relief of 100%.

Option 2 – The Council’s preferred option would involve the implementation of guidelines with a variable level of discretionary relief based on the purpose of the charity, not for profit organisation or community amateur sports club.

Option 3 – Charity and community amateur sports club properties in receipt of mandatory relief (a reduction in their business rates bill of 80%) would not receive any discretionary top up. Any not for profit organisation properties which currently received 100% discretionary relief would have their award limited to 80% discretionary relief.

The Chairman welcomed the representatives of charities, not for profit making organisations and community amateur sports clubs who had been invited to attend the meeting to make representations about the options under consideration and respond to Members’ questions. He asked the representatives of each organisation to address the Committee in turn.

Age UK Medway

·           Option 1 was the preferred option and option 2 was the second preference.

·           There was uncertainty about how organisations would be categorised under option 2 and how the review process would operate.

·           Option 3 would result in a 20% increase in costs which would have an impact on the organisation’s sustainability.

·           Generally, charities had absorbed a range of reductions in income and were as lean as they could be in an effort to break even.

In response to questions by members of the Committee, the following additional points were made:

·           Age UK was not a national charity and Age UK Medway was constituted locally.

·           Without discretionary rate relief, it was estimated that the increase in costs for the shop in Gillingham would be £3.5K per annum.

·           The price for a day visit at a day centre was £42 and any increase in costs would impact on service users.

City Lawn Tennis Club

·           The club had been in existence for 100 years; there were currently 20 members of all ages and abilities, each paying £60 a year.

·           The club operated a junior fun club.

·           The club had received discretionary rate relief for a number of years and was paying £550 per annum to the Council in rent although the grass courts could only be used for 6 months of the year.

In response to questions by members of the Committee, the following additional points were made:

·           Saturday afternoon sessions for young people attracted 8 to 10 visitors  ...  view the full minutes text for item 571.

This report outlines proposals to establish a shared legal service between Medway Council and Gravesham Borough Council.

Discussion:

The Head of Legal Services introduced a report on proposed arrangements to establish a shared service with Gravesham Borough Council. The Committee was asked to recommend that Cabinet makes recommendations to the Leader and Full Council to enable Medway Council to assume responsibility for the discharge of Gravesham Borough Council’s Legal Services functions. In addition, the Committee was also asked to recommend that Cabinet delegates authority to Medway’s Chief Legal Officer to assume responsibility for the management and delivery of legal services for both Medway and Gravesham and to enter into the necessary agreement with Gravesham Borough Council.

Members sought clarification on a number of issues and were assured of the positive working relationship that existed between the two services which would present  good development opportunities for both services and their staff. Any new arrangements would be kept under continuous review.

Decision:

1.         The Committee recommended to Cabinet that:

a)     Cabinet recommend to the Leader of the Council that option two set out in paragraph 4.2 of the report is agreed whereby Medway Council shall assume responsibility for the discharge of Gravesham Borough Council’s Legal Services functions as permitted under the Local Authorities (Arrangements for the Discharge of Functions)(England) Regulations 2012 which provide for the executive of one local authority to arrange for a function for which it is responsible to be discharged by the executive of another local authority.

b)     Cabinet recommend to Full Council to accept the delegation by

Gravesham Borough Council of its Legal Services functions to Medway Council.

c)     Cabinet agree to delegate authority to the Chief Legal Officer of

Medway Council to enter into a legally binding contract between both local authorities setting out the detail of the arrangements for a fully shared Legal Services.

d)     Cabinet agree to delegate authority to Medway’s Chief Legal Officer to assume responsibility for the management and delivery of legal services for Gravesham Borough Council jointly with the services provided for Medway Council and for this to be reflected in the Council’s Scheme of Delegation.

2.         The Committee noted that the report to Cabinet on 17 January 2017 would include the following recommendation for the Leader:

a)    The Leader of Medway Council to agree to assume responsibility for the discharge of Gravesham Borough Council’s Legal Services functions as permitted under the Local Authorities (Arrangements for the Discharge of Functions)(England) Regulations 2012 which provide for the executive of one local authority to arrange for a function for which it is responsible to be discharged by the executive of another local authority.

This report summarises the content of Appendix B to agenda item 6, which, in the opinion of the proper officer, contains exempt information within one  of the categories in Schedule 12A of the Local Government Act 1972. It is a matter for the Committee to determine whether the press and public should be excluded from the meeting during consideration of documents.

Decision:

The Committee agreed to exclude the press and public from the meeting during consideration of the exempt appendix to agenda item 6 because consideration of this matter in public would disclose information falling within paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 7, and, in all the circumstances of the case, the Committee considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.