Agenda and minutes

To appoint a relief Chairman.

1.1     It was moved by the Lord Mayor and seconded by Councillor Tim Mitchell that Councillor Christabel Flight be elected as Relief Chairman.

            Motion put, and on a show of hands, declared CARRIED.

To sign the Minutes of the Meetings (Ordinary and Extraordinary) of the full Council held on 11 July 2018.

2.1     RESOLVED: The minutes of the proceedings at the Council meetings (Ordinary and Extraordinary) on Wednesday 11 July 2018 were, with the assent of the Members present, signed by the Lord Mayor as true records of the proceedings.

To note that Councillor Robert Davis, MBE, DL (Lancaster Gate Ward) resigned on the 10^th October 2018.  A by-election for the vacancy will be held on Thursday 22 November 2018.

3.1     The resignation of Councillor Robert Davis was noted and that the By-election for the vacancy in Lancaster Gate would be held on 22 November.

(i)       The Lord Mayor to report that, on 18 July, she attended a dedication of a memorial to Nelson Mandela at Westminster Abbey.

(ii)       The Lord Mayor to report that, on 19 July, she attended a reception in Buckingham Palace to mark the Prince and Patron Exhibition.

(iii)      The Lord Mayor to report that, on 31 July, she met with the Singaporean High Commissioner in her Parlour at 5 Strand.

(iv)      The Lord Mayor to report that, on 3 September, she attended the official opening of the Garden of Remembrance at Westminster Coroner’s Court.

(v)      The Lord Mayor to report that, on 3 September, she visited the RNLI Lifeboat station at Victoria Embankment.

(vi)      The Lord Mayor to report that, on 12 September, she met with Don Tripp, City Manager Westminster, Colorado in her Parlour 5 Strand.

(vii)     The Lord Mayor to report that, on 16 September, she attended the Battle of Britain Sunday Thanksgiving and Rededication at Westminster Abbey.

(viii)    The Lord Mayor to report that, on 19 September, she hosted a reception for the Lily Foundation in the Lord Mayor’s Parlour.

(ix)      The Lord Mayor to report that, on 27 September, she attended a National Reception to celebrate the Centenary of the foundation of Czechoslovakia, at the Czech and Slovak Embassies.

(x)      The Lord Mayor to report that, on 3 October, she visited HMS Westminster at HMNB Portsmouth.

(xi)      The Lord Mayor to report that, on 5 and 7 October, she took part in           Westminster’s programme of Silver Sunday events around the City.

(xii)     The Lord Mayor to report that, on 14 October, she attended the London     Mayors’ Association Civic Service at Westminster Abbey.

(xiii)    The Lord Mayor to report that, on 21 October, she attended the Trafalgar Day      Parade in Trafalgar Square.

(xiv)    The Lord Mayor to report that, on 23 October, she took part in the State Visit (arrival, visit to Westminster Abbey and State Banquet) by the King and Queen of the Netherlands.

(xv)     The Lord Mayor to report that, on 30 October, she helped launch the Paddington Works Enterprise Space.

4.1     The Lord Mayor referred to these as set out on the Agenda.

4.2     The Lord Mayor advised the Council, with deep sadness, of the passing of Rachel Whittaker.  Rachel Whittaker represented Victoria ward between 1978 – 1988 and held the post of Chief Whip and served on a number of Council committees including Policy, Management Services, Town Planning Committee and Social Services.

4.3     The Council stood in silence in memory of Rachel Whittaker and in the approach to the centenary of the Armistice in remembrance of all those who had given their lives in service to the country.

4.4     The Lord Mayor also spoke in tribute of the service provided to the Council by Mick Steward, Head of Committee and Governance Services who was attending his last Council meeting after 24 years service before he retired the following month.

5.1     Councillor Boothroyd declared that he is Head of Research and Psephology for Thorncliffe, whose clients are companies applying for planning permission from various local authorities. No current schemes are in Westminster; if there were he would be precluded from working on them under the company’s code of conduct.

5.2     Councillor Paul Swaddle declared, in relation to the report from the Cabinet Member for Public Protection and Licensing in respect of the Adoption of the Amended Statement of Principles for Gambling under the Gambling Act 2005 that he has clients that are gambling and casino companies, and this policy could impact them.

6.1    

(a)      Petitions

          Councillor Paul Dimoldenberg presented the petition from residents of the Lillington and Longmoor Gardens Estate regarding the contracting out of the gardening service.  The petition was referred to the Executive Director for Growth, Planning and Housing for reporting to the relevant Cabinet Member.

(b)      Deputations

          There were no deputations.

To receive, consider and debate, if chosen, the following reports which contain a recommendation to the Council for decision:

COMMITTEE                                     DATE OF MEETING

General Purposes                               31 October 2018        

Constitution Review (to follow)

(Appendix 6)

https://committees.westminster.gov.uk/documents/s29577/Report%20Re%20Review%20of%20Constitution.pdf

7.1     The Lord Mayor put the recommendations in the report to the vote and on a show of hands declared the recommendation ADOPTED.

          RESOLVED:

1.     That the changes to Standing Order 11 and the removal of Standing Order 43 as set out in paragraph 3.4 of the Committee report be approved (times allocated for debates at full Council and the removal of the attendance requirement for Co-opted members).

2.     That the revised Standing Order 9 for Council Questions, as set out in paragraph 3.5 of the Committee report be adopted, subject to a further review in 12 months (Revision to the Process for the asking Questions at full Council meetings).

3.     That the revised format of the Constitution and authorising officers to make the adjustments described in the Committee report be adopted and that the Director of Law be authorised to make further minor drafting updates and to publish to the Constitution.

4.     That the arrangements for approving various parts of the Council’s Constitution, set out in Appendix E to the Committee report, be endorsed.

Standing Order 9 limits the questions to matters relevant to the general work or procedure of the Council.

Note by the Head of Committee and Governance Services:

If Members of the Council agree to adopt the recommendations of the General Purposes Committee in respect of changes to the Constitution, as reported under the previous item 7, the Lord Mayor will call Members who indicate that they wish to ask a question after the Leader of the Opposition has asked his questions.

8.1     The questions, supplementary questions and replies are included as an audiot recording on the Council’s website.

(a)      Councillor Murad Gassanly:  Estate Regeneration and Infill Programme in Churchill Ward

(b)      Councillor David Boothroyd: “Home Truths”

(a)      Estate Regeneration and Infill Programme in Churchill Ward

          Councillor Murad Gassanly spoke and Councillor Rachael Robathan replied.

(b)      Home Truths

          Councillor David Boothroyd spoke and Councillor Andrew Smith replied.   

With the approval of the Chairman of the meeting, the Leader of the Council may make a statement on an urgent matter and the Leader of the Opposition will have an equivalent right of reply.

10.1    There were no urgent matters.

To receive, consider and debate, if chosen, the following reports which contain a recommendation to the Council for decision:

Cabinet/Cabinet Member/                              Date of Meeting

Committees                                                   or Decision

Reports of the Cabinet Meeting                     15 October 2018

(Paragraph 1 – 2019-2020 Budget Proposals – Appendix 1)

https://committees.westminster.gov.uk/documents/s29419/Revenue%20Budget%20Proposals%20Report.pdf

(Paragraph 2 – Capital Strategy Report 2019-2020 to 2023 – 2024, Forecast

Position for 2018-2019 and Future Years Forecasts Summarised up to 2022-2033 Appendix 2)

https://committees.westminster.gov.uk/documents/s29423/Capital%20Strategy%20Report.pdf

https://committees.westminster.gov.uk/documents/s29424/2%20-%20Appendix%20A%20i%20ELT.pdf

https://committees.westminster.gov.uk/documents/s29425/2%20-%20Appendix%20A%20ii%20Cabinet.pdf

(Paragraph 3 – Housing Investment Strategy and Housing Revenue Account Business Plan 2019-2020 – Appendix 3)

https://committees.westminster.gov.uk/documents/s29426/Housing%20Investment%20Strategy%20and%20HRA%20Business%20Plan%202019-20%20FINAL.pdf

(Paragraph 4 – Treasury Management Strategy Statement for 2019-2020 – Appendix 4)

https://committees.westminster.gov.uk/documents/s29427/TMSS%202019-20%20to%202023-24.pdf

(Paragraph 5 – Integrated Investment Framework – Appendix 5)

https://committees.westminster.gov.uk/documents/s29436/Integrated%20Investment%20Framework%20Report.pdf

General Purposes Urgency Sub-Committee  23 October 2018

Appointment of Independent Person

https://committees.westminster.gov.uk/ieListDocuments.aspx?CId=172&MId=4796&Ver=4

Cabinet Member for Public Protection and Licensing:

Gambling Policy Review (to follow) (Appendix 7)

https://committees.westminster.gov.uk/ieDecisionDetails.aspx?ID=954

11.1    The report of the Cabinet on 25^th October 2018 was submitted.  Paragraphs 1 to 5 were considered together. 

11.2    Councillor Rachael Robathan spoke in favour of the recommendations set out in the Cabinet report and Councillor Adam Hug made the first Opposition Speech and in doing so moved the amendments in his name as set out on the Order Paper which were seconded by Councillor David Boothroyd.

11.3    Following debate to which Councillor Robathan replied, the Lord Mayor put Amendment One to the recommendations in paragraph 1 of the Cabinet report moved by Councillor Adam Hug and seconded by Councillor David Boothroyd and on a roll call vote undertaken by the Chief Executive, there voted:

          For amendment one:  Councillors Barraclough, Begum, Boothroyd, Bush, Butler-Thalassis, Carman, Dimoldenberg, Hug, Less, Lewis, Mann, McAllister, McKie, Noble, Qureshi, Roca, Talukder and Taouzzale.

          Against amendment one:  Councillors Acton, Aiken, Adams, Arzymanow, Barnes, Beddoe, Bott, Caplan, Chalkley, Cox, Devenish, Elcho, Flight, Freeman, Gassanly, Glanz, Glenn, Green, Angela Harvey, David Harvey, Hitchcock, Hyams, Mitchell, Mohindra, Murphy, Payne, Rigby, Robathan, Rowley, Scarborough, Shearer, Short, Smith, Spencer, Swaddle, Warner and Wilkinson.

          Absence or not voting:  The Lord Mayor, and Councillors Burbridge, Dean and Toki.

11.4    The Lord Mayor declared Amendment one to be LOST.

11.5    The Lord Mayor then put the additional recommendation (amendment two) to the recommendations of the Cabinet’s Budget Proposals, moved by Councillor Adam Hug and seconded by Councillor David Boothroyd and on a roll call vote undertaken by the Chief Executive, there voted:

          For the additional recommendation:  Councillors Barraclough, Begum, Boothroyd, Bush, Butler-Thalassis, Carman, Dimoldenberg, Hug, Less, Lewis, Mann, McAllister, McKie, Noble, Qureshi, Roca, Talukder and Taouzzale.

          Against the additional recommendation:  Councillors Acton, Aiken, Adams, Arzymanow, Barnes, Beddoe, Bott, Caplan, Chalkley, Cox, Devenish, Elcho, Flight, Freeman, Gassanly, Glanz, Glenn, Green, Angela Harvey, David Harvey, Hitchcock, Hyams, Mitchell, Mohindra, Murphy, Payne, Rigby, Robathan, Rowley, Scarborough, Shearer, Short, Smith, Spencer, Swaddle, Warner and Wilkinson.

          Absence or not voting:  The Lord Mayor, Councillors Burbridge, Dean and Toki.

11.7    The Lord Mayor declared the additional recommendation to be LOST.

11.8    The Lord Mayor advised that the voting was on the unamended recommendations of the Cabinet in paragraph 1 of the Cabinet report – 2019-2020 Budget Proposals.  The Lord Mayor put the recommendations of the Cabinet in paragraph 1 to the vote and on a roll call vote undertaken by the Chief Executive there voted:

          For the recommendations:  Councillors Acton, Aiken, Adams, Arzymanow, Barnes, Beddoe, Bott, Caplan, Chalkley, Cox, Devenish, Elcho, Flight, Freeman, Gassanly, Glanz, Glenn, Green, Angela Harvey, David Harvey, Hitchcock, Hyams, Mitchell, Mohindra, Murphy, Payne, Rigby, Robathan, Rowley, Scarborough, Shearer, Short, Smith, Spencer, Swaddle, Warner and Wilkinson.

          Against the recommendations:  Councillors Barraclough, Begum, Boothroyd, Bush, Butler-Thalassis, Carman, Dimoldenberg, Hug, Less, Lewis, Mann, McAllister, McKie, Noble, Qureshi, Roca, Talukder and Taouzzale.

          Absence or not voting:  The Lord Mayor, Councillors Burbridge, Dean and Toki.

11.9    The Lord Mayor declared the recommendations in paragraph 1 of the Cabinet report  ...  view the full minutes text for item 12.

To consider items chosen for debate from the attached Future Policy Plan.

12.1    Having reached the time allocated for debate by the Majority Party, following a Motion moved by Councillor Geoff Barraclough which was duly seconded to extend the time limit for speeches on the debate, the Lord Mayor put the Motion to the vote and on a show of hands declared the Motion CARRIED.

12.2    The meeting accordingly debated the item chosen from the Future Policy Plan by the Majority Party:

          West End Partnership – Oxford Street District Scheme

12.3    The Majority Party had selected item number 115 on the Future Policy Plan,  West End Partnership – Oxford Street District Scheme. The debate will be referred to the relevant Executive Director for consideration when reporting on the subject.

To be moved by Councillor Barraclough and seconded by Councillor Carman:

“The Council notes the continued pressures on our residential neighbourhoods caused by the uncontrolled expansion of short-lettings.

The Council notes the concerns of local residents that many properties are being let out by professional landlords as permanent short-let accommodation.

The Council believes that it is important to protect the flexibility and freedoms of residents who want to rent out their home or rooms for short periods, but that illegal short-lets are damaging many of our communities.

The Council believes that the current legal framework for short-lets created by the 2015 Deregulation Act does not enable local authorities in major urban areas such as Westminster to respond to the needs of our communities.  

The Council resolves to lobby the government for rules that better reflect the short-let challenges Westminster faces and that empowers the Council to take suitable action.

The Council resolves to further improve its policies and enforcement, including exploring new sources of funding where available, to help crackdown on illegal short-lets.”

13.1    The Minority Party had selected for debate the Notice of Motion as set out on the agenda. 

13.2    The Majority Party had submitted an amendment to the Notice of Motion as set out on the Order Paper.

13.3    The Council, having agreed to extend the time for debate, on the item selected by the Majority Party on the Future Policy Plan, the Lord Mayor, with the agreement of the Minority Party, put the Notice of Motion and the tabled amendment to a vote without debate.

13.4    The Lord Mayor put the amendment to the vote and on a show of hands declared the amendment CARRIED.

13.5    The Lord Mayor then put the substantive motion to the vote and on a show of hands declared the substantive motion CARRIED.

            RESOLVED:  

          The Council notes the continued pressures on our residential neighbourhoods caused by the uncontrolled expansion of short-lettings.

The Council notes the concerns of local residents that many properties are being let out by professional landlords as permanent short-let accommodation.

The Council believes that it is important to protect the flexibility and freedoms of residents who want to rent out their home or rooms for short periods, but that illegal short-lets are damaging many of our communities.

The Council believes that the current legal framework for short-lets created by the 2015 Deregulation Act does not enable local authorities in major urban areas such as Westminster to respond to the needs of our communities.  

          The Council welcomes the current extensive efforts made to deal with the negative effects of commercial short term letting in our city, and recognises the sector leading work undertaken by our Housing Standards Taskforce in this area.

          The Council notes that already the Housing Standards Taskforce has opened 1,493 cases and inspected 299 properties related to Short Term Lets since its launch in April 2018.

          The Council recognises the significant investment made to tackle unlawful short term lets in Westminster and supports the proactive work undertaken to engage with other large cities across the UK, the GLA, central government, and the industry on this matter.

The Council resolves to lobby the government for rules that better reflect the short-let challenges Westminster faces and that empowers the Council to take suitable action.

          The Council resolves to further improve its policies and enforcement, including exploring new sources of funding where available, to help crackdown on illegal short-lets.

14.1    The Lord Mayor, at the conclusion of the time for debates, then put the recommendation of the General Purposes Urgency Sub-Committee report to the vote and on a show of hands declared the recommendation ADOPTED.

          Resolved:

          That Mr Asif Iqbal, MBE be appointed, as an Independent person.

15.1    The Lord Mayor then put the recommendation of the report of the Cabinet Member for Public Protection and Licensing to the vote and on a show of hands declared the recommendation ADOPTED.

          Resolved:

          That the Statement of Licensing Principles for Gambling attached as Appendix 7 to the Agenda be adopted and published on 1 December 2018, effective from 31 January 2019.