meeting of the burnley borough council council... · 2018-09-12 · town hall burnley 2nd april...

Meeting of the

Burnley Borough Council To be held at 7.00pm on Thursday 10

th April 2014

Town Hall Burnley

2nd April 2014

Sir or Madam, Notice is given of a MEETING of the COUNCIL of the BOROUGH OF BURNLEY to be

held at the TOWN HALL, BURNLEY, on

Thursday 10th April 2014

starting at 7.00 p.m.

To transact the business specified below.

Tom Forshaw Head of Chief Executive’s Office Members of the public may ask a question, make a statement, or present a petition relating to any matter for which the Council has a responsibility or which affects the Borough. Notice in writing of the subject matter must be given to the Head of Chief Executive’s Office by 5.00 pm on the day before the meeting. Forms can be obtained for this purpose from the reception desk at Burnley Town Hall, Manchester Road or at the Contact Centre, Parker Lane, Burnley or from the web at: www.burnley.gov.uk/meetings. Requests will be dealt with in the order in which they are received.

A G E N D A 1. Minutes of the last meeting

To receive, as read, the Minutes of the proceedings of the Council held on the 26th February 2014 and to confirm them or otherwise (enclosed).

2. Declarations of Interest To receive any declarations of interest.

3. Mayors’ Communications To receive communications (if any) from His Worship the Mayor

http://www.burnley.gov.uk/meetings

4. Public Question Time To receive questions, statements or petitions (if any) from members of the public.

5. Items for Decision by the Council Agenda Page No.

(a) Amendments to Hackney Carriage Conditions of Fitness Policy (incorporating Age Limits for Hackney Vehicles)

15

To consider amendments to the Council’s Hackney Carriage Conditions of Fitness Policy and to the Hackney Carriage Age Limits Policy (report and relevant Minute enclosed)

(b) Recorded Votes for Budget Meetings 45

To consider the approval of a change to the Council Procedure Rules, to require recorded votes at budget- setting Council meetings. This is to comply with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014(report enclosed)

(c) Review of Standing Orders for Contracts 51

To consider a review of Standing Orders for Contracts (report enclosed)

6. Strategic Plan Progress Reports Julie Cooper

Leader

Mark Townsend Deputy Leader/Resources & Performance Management

Howard Baker Housing and Environment

John Harbour Leisure and Culture

Tony Harrison Shah Hussain

Community Services Regeneration and Economic Development

85 89

91 95 99

103

7. Questions

To deal with questions (if any) relating to matters not contained in the Minutes before the Council and of which notice in writing has been received in accordance with Standing Order No 10 (2)

Minutes of the Last Meeting

It

em

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Full Council 10/04/2014 Page 1 of 11

BURNLEY BOROUGH COUNCIL

BURNLEY TOWN HALL

Wednesday 26th February 2014

PRESENT

MEMBERS

His Worshipful The Mayor Councillor Frank Cant in the Chair; Councillors Baker, Barker, Briggs, Brindle, Brown, Bullas, Campbell, Carmichael, Chaudhary, Cooper, Cunningham, Fifield, Foster, Frayling, Frost, Greenwood, Harbour, Harrison, Heginbotham, Hussain, Isherwood, Kelly, Kennedy, Arif Khan, Wajid Khan, Large, Lishman, McCann, Martin, Monk, Mottershead, Newhouse, Pate, Porter, Reynolds, Royle, Stringer, Sumner, Tatchell, Towneley and Townsend

OFFICERS

Steve Rumbelow Mick Cartledge Helen Seechurn Tom Forshaw David Wilcock Phil Moore David Donlan Colin Hill Jeremy Richards Imelda Grady Elaine Newsome David Farrar

- - - - - - - - - - - -

Chief Executive Director of Community Services Director of Resources Head of Chief Executives Office Head of People, Law and Regulation Head of Finance and Property Management Accountancy Division Manager Head of Facilities Management Communications Officer Democracy Officer Democracy Officer Mayor’s Officer

62. Minutes

RESOLVED The Minutes of the meeting of the Council held on the 5th February 2014

were confirmed and signed by the Chair.

63. Declarations of Interest

The Mayor advised the Meeting that all Councillors present had been granted a dispensation under Section 33 of the Localism Act to speak and vote when considering the General Fund Budget and setting of the Council Tax under the Local Government Finance Act 1992 Councillor Margaret Lishman declared a personal other interest in relation to the budget items 5(d) to 5(i).


64.

Public Question Time Mrs Patricia Woolven addressed the Council under the Right to Speak Policy in relation to a property on Herbert Street, Burnley.

Revenue Budget Monitoring Q3 2013/14

With reference to Minute 107 (17th February 2014) of the Executive, consideration was given to the revised Revenue Budget for 2013/14, based upon revenue monitoring activity in Quarter 3 to 31st December 2013

RESOLVED

1. That the latest revised budget of £16,721k as shown in Appendix 1

be approved.

2. That the transfers to/from earmarked reserves as shown in Appendix 5 be approved.

3. That requests for revenue budget carry forward into the 2014/15 revenue budget totalling £106k as per Appendix 6 be approved.

4. That approval be given to a payment to the Leisure Trust of £106k to

transfer grant funding towards the costs of new spending on healthy lifestyle tuition for older adults and other minor grant-funded projects from 1st April 2014 onwards.

5. That approval be given to a payment to the Barnfield and Burnley Joint

Venture Company of a contribution of up to £50k in relation to master planning, marketing and consultancy support for On The Banks subject to receipt of a formal resolution from the Company Board that 100% match funding will be available.

65.

Capital Budget Monitoring Q3 2013/14 With reference to Minute 111 (17th February 2014) of the Executive, consideration was given to the revised Capital Budget for 2014 3/14 based upon monitoring in Quarter 3 to 31st December 2013.

RESOLVED That a revised capital budget for 2013/14 totalling £21,638,828, as outlined in

Appendix 1 be approved.

66. Leisure Trust

With reference to Minute 114 (17th February 2014) of the Executive, consideration was given to the transfer of delivery of the Council’s Sport and Culture Services in the Borough to Burnley Leisure (Leisure Trust).

RESOLVED 1. That approval be given to the following;

a) The transfer of the delivery of the following Council Sport and Culture Unit services to Burnley Leisure (Leisure Trust):


St Peter’s Leisure Centre

Padiham Leisure Centre

Mechanics Theatre

Sport and Play Development

Arts/Cultural Development

Healthy Lifestyle

b) The following project documents, namely: i) The Transfer Agreement; ii) The Pensions Admission Agreement.

2. That, as appropriate:

a) The Director of Community Services in consultation with the Head of

People, Law and Regulation, Director of Resources, Executive Member for Resources and Performance Management and Executive Member for Leisure and Culture be granted delegated authority to make any final amendments to the above agreements and leases and;

b) The Head of People, Law & Regulation be granted delegated authority

to execute all necessary deeds and agreements to give effect to these decisions.

67. Revenue and Capital Budgets and Council Tax 2014/15

Consideration was given to the Revenue and Capital Budgets and Council

Tax for 2014/15. It was moved by Councillor Mark Townsend and seconded by Councillor Julie Cooper: “That the Council approves the proposals contained in items d to i on the agenda and adopts the relevant minutes of the Executive. These relate to the approval of the Council’s revenue and capital budgets for next year and setting the rate of Council Tax. In moving the Revenue Budget for 2014/15 (item 5e) I should like to move the following alteration to the Executive proposals by adding

2 a) viii) that the following one off spending be implemented in 2014/15 totalling £75,000 to be funded from the projected 2013/14 underspend

£25,000 to clean and re-letter all of the 17 War Memorials in the Borough

£25,000 to fund the successful Padiham Town Centre Management initiative to the end of the financial year

£25,000 to be used to implement a programme of spring cleaning in the Borough. This will involve:


High profile cleaning of the town’s gateways and tackling grot-spot areas,

Undertaking pre-growing season litter-picking in hot-spot green space areas,

Bringing in additional resource to give an early boost to the weed-spraying work that the Council undertakes across the Borough, which is due this year to the mild winter that has not killed off weeds and which will result in a strong germination season, and finally;

Undertaking a further spring blitz on dog litter, which continues to be a high priority for our residents

An amendment was proposed by Councillor Mathew Isherwood and seconded by Councillor Ida Carmichael: “To freeze council tax, thereby reducing council tax income by £109k. The amendment recommends take up of council tax freeze grant of £69k and the removal of Ward Opportunities Fund from the revenue budget of £50k, resulting in a reduced requirement from reserves to support the budget of £10k. This would leave £100,000 Ward Opportunities Funding in the Capital Programme.” On being put to the vote, the amendment was lost. In accordance with Council Procedure Rule No. 17.4, it was requisitioned that the names be recorded to indicate how each Member present gave his or her vote on the altered motion. For the Motion Councillors Howard Baker, Jonathan Barker, Charlie Briggs, Margaret Brindle, Janet Brown, Charlie Bullas, Paul Campbell, Frank Cant, Saeed Chaudhary, Julie Cooper, Jean Cunningham, John Fifield, Bea Foster, Gary Frayling, Roger Frost, Joanne Greenwood, John Harbour, Tony Harrison, Shah Hussain, Marcus Johnstone, Anne Kelly, Arif Khan, Wajid Khan, Stephen Large, Margaret Lishman, Tony Martin, Peter McCann, Elizabeth Monk, Neil Mottershead, Lian Pate, Tom Porter, Paul Reynolds, Ann Royle, Betsy Stinger, Jeff Sumner, Andrew Tatchell and Mark Townsend Against the Motion Councillors Ida Carmichael, David Heginbotham, Mathew Isherwood, Tracy Kennedy, Andrew Newhouse and Cosima Towneley Accordingly, the motion as altered was declared to be carried and it was RESOLVED: 1) That the latest Medium-Term Financial Strategy be approved;


2) That the Reserves Strategy, as appended to the Medium-Term

Financial Strategy be approved; 3) That it be noted that a refreshed document will be provided regularly as

an aid to monitoring the continued delivery of an annually balanced budget.

4) That the approach that has been adopted in developing budget

proposals that reflect the Council’s Strategic Objectives for 2014/15 be endorsed;

5) That approval be given to the proposals contained in this report as updated;

6) That the setting of a Council Tax Requirement of £5,625,525 for the financial year 2014/15 be approved;

7) That the setting of a Net Budget Requirement of £15,700,955 for 2014/15 be approved;

8) That the statutory report issued by the Director of Resources under the Local Government Act, 2003 be received;

9) That Directors/Heads of Service be granted delegated authority to progress action plans to deliver the 2014/15 budget and finalise any redundancies, early retirements or deletion of vacant posts or restructuring that result; and

10) That approval be given to a Council Tax (Band D) figure of £267.50 for this Council for the year commencing 1st April 2014 and adopt the statutory resolution to set the full Council Tax for the year. This is a 1.998% Council tax increase.

11) That the following one off spending be implemented in 2014/15 totalling £75,000 to be funded from the projected 2013/14 underspend:

£25,000 to clean and re-letter all of the 17 War Memorials in the Borough

£25,000 to fund the successful Padiham Town Centre Management initiative to the end of the financial year

£25,000 to be used to implement a programme of spring cleaning in the Borough. This will involve:

High profile cleaning of the town’s gateways and tackling grot-spot areas,

Undertaking pre-growing season litter-picking in hot-spot green space areas,

Bringing in additional resource to give an early boost to the weed-spraying work that the Council


undertakes across the Borough, which is due this year to the mild winter that has not killed off weeds and which will result in a strong germination season, and finally;

Undertaking a further spring blitz on dog litter, which continues to be a high priority for our residents

12) That the 2014/15 Capital Budget as set out in Appendix 1 be approved 13) That the 2014-19 Capital Investment Programme as set out in

Appendix 2 be noted 14) That the amendment to the Financial Procedure Rules for the

proposed change to rule B2.5 as shown in section 9 of this report be approved

15) That the treasury management strategy statement for 2014/15 as

set out in Appendix 1 of this report in compliance with the requirements of the CIPFA Code be approved.

16) That the prudential and treasury indicators for 2014/15 to 2016/17

per Appendix 2 including the authorised limit for external debt of £30.806m by approved.

17) That the revised list of Counterparties for Deposits outlined within

Appendix 3 be approved.

18) That the Council’s MRP Statement for 2014/15 as set out in Appendix 4 be approved.

19) That it be noted that on 30th January 2014 the Council calculated the Council Tax base 2014/15

a. for the whole Council area as 21030 (Item T in the formula in Section 31B of the Local Government Finance Act 1992 [the “Act”] as amended by the Localism Act 2011)

b. for dwellings in those parts of its area to which a Parish precept relates as in the attached Appendix B.

20) That the Council Tax requirement calculated for the Council’s own

purposes for 2014/15 (excluding parish precepts) is £5,625,525

21) That the following amounts be calculated by the Council for the

financial year 2014/15 in accordance with Sections 31 to 36 of the Act


(a) £77,044,177 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) (a) of the Act taking into account all precepts issued to it by Parish Councils;

(b) £71,371,277 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the Act;

(c) £5,672,900 being the amount by which the aggregate at (3)(a) above exceeds the aggregate at (3)(b) above, calculated by the Council in accordance with Section 31A (4) of the Act as its Council Tax requirement for the year. (Item R in the formula in Section 31B of the Act);

(d) £269.75 being the amount at (3)(c) above (Item R), all divided by Item T (1(a) above), calculated by the Council in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish Precepts);

(e) £47,375 being the aggregate of all special items (Parish precepts) referred to in Section 34(1) of the Act (as per the attached Appendix B);

(f) £267.50 being the amount at (3)(d) above less the result given by dividing the amount at (3)(e) above by Item T (the amount at 1(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item (Parish precept) relates.

22) To note that the County Council, the Police and Crime Commissioner for Lancashire and the Fire Authority have issued precepts to the County Council in accordance with Section 40 of the Local Government Finance Act 1992 for each category of dwellings in the Council’s area as indicated in the table below.

23) That the Council, in accordance with Sections 30 and 36 of the Local

Government Finance Act 1992, hereby sets the aggregate amounts shown in the tables below and in Appendix A as the amounts of Council Tax for 2014/15 for each part of its area and for each of the categories of dwellings.


VALUATION BANDS Burnley Borough Council

A B C D E F G H

178.33 208.05 237.78 267.50 326.94 386.39 445.83 535.00

Lancashire County Council

A B C D E F G H

£738.49 £861.58 £984.66 £1,107.74 £1,353.90 £1,600.07 £1,846.23 £2,215.48

Police and Crime Commissioner for Lancashire

A B C D E F G H

£103.97 £121.30 £138.63 £155.96 £190.62 £225.28 £259.93 £311.92

Lancashire Combined Fire Authority

A B C D E F G H

£42.43 £49.51 £56.58 £63.65 £77.79 £91.94 £106.08 £127.30

Aggregate of Council Tax Requirements

A B C D E F G H

1,063.22 1,240.44 1,417.65 1,594.85 1,949.25 2,303.68 2,658.07 3,189.70

24) That it be determined that the Council’s basic amount of Council Tax for

2014/15 is not excessive in accordance with principles approved under Section 52ZB Local Government Finance Act 1992.


68. The Councils Strategic Plan 2014-17

Further to Minute 113 (17th February 2014) of the Executive, consideration was given to the Strategic Plan for 2014 to 2017

RESOLVED 1. That the updated Strategic Plan be approved

2. That the Head of the Chief Executive’s Office be granted delegated authority to make minor amendments to the strategy.

69. Committee Calendar 2014/15

Consideration was given to the calendar of Meetings for the 2014/15 Municipal Year

RESOLVED That the calendar of meeting for the 2014/15 Municipal Year be approved

Addendum to Minute 67


Council Tax Schedule 2014/15

Band A Band B Band C Band D Band E Band F Band G Band H

£ £ £ £ £ £ £ £

Burnley Borough Council 178.33 208.05 237.78 267.50 326.94 386.39 445.83 535.00

Lancashire County Council 738.49 861.58 984.66 1107.74 1353.90 1600.07 1846.23 2215.48

Police and Crime Commissioner 103.97 121.30 138.63 155.96 190.62 225.28 259.93 311.92

for Lancashire

Lancs. Combined Fire Authority 42.43 49.51 56.58 63.65 77.79 91.94 106.08 127.30

Total - Areas Outside

Parish/Town Council Areas 1,063.22 1,240.44 1,417.65 1,594.85 1,949.25 2,303.68 2,658.07 3,189.70

Parish/Town Council Areas Band A Band B Band C Band D Band E Band F Band G Band H

£ £ £ £ £ £ £ £

Briercliffe with Extwistle

Parish/Town Council Only 3.97 4.64 5.30 5.96 7.28 8.61 9.93 11.92

Parish/Town and District 182.30 212.69 243.08 273.46 334.22 395.00 455.76 546.92

Total 1,067.19 1,245.08 1,422.95 1,600.81 1,956.53 2,312.29 2,668.00 3,201.62

Cliviger



Total 1,070.40 1,248.82 1,427.22 1,605.62 1,962.41 2,319.24 2,676.02 3,211.24

Habergham Eaves



Total 1,066.52 1,244.29 1,422.05 1,599.80 1,955.30 2,310.83 2,666.32 3,199.60

Padiham



Total 1,069.41 1,247.66 1,425.90 1,604.13 1,960.59 2,317.08 2,673.54 3,208.26

Worsthorne with Hurstwood



Total 1,066.86 1,244.69 1,422.50 1,600.31 1,955.92 2,311.57 2,667.17 3,200.62

Parish/Town Council Precepts 2014/15


Tax Precept less: Precept Council

Parish/Town Council Base Additional Net of Tax

Grants * Grant (Band D)

£ £ £ £

Briercliffe with Extwistle 1218 8000 746 7254 5.96

Cliviger 857 10000 790 9210 10.75

Habergham Eaves 514 2118 124 1994 3.88

Padiham 2410 30000 7177 22823 9.47

Worsthorne with Hurstwood 1021 6000 452 5548 5.43

Total/Average 6020 56118 9289 46829 7.78

Tax Precept less: Precept Council Council

Parish/Town Council Base Additional Net of Tax Tax

Grants * Grant (Band D) Increase

£ £ £ £ £

Briercliffe with Extwistle 1218 8000 746 7254 5.96 0.0%

Cliviger 855 10000 790 9210 10.77 0.2%

Habergham Eaves 513 2664 124 2540 4.95 27.6%

Padiham 2460 30000 7177 22823 9.28 -2.0%

Worsthorne with Hurstwood 1017 6000 452 5548 5.46 0.6%

Total/Average 6063 56664 9289 47375 7.81 0.4%

* additional grants are to be given to parishes as a result of reductions to the Council tax base

due to the introduction of the new Council Tax Support Scheme from 1st April 2013.

2013/14

2014/15

Amendments to Hackney Carriage Conditions-

Fitness Policy

ITE

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a

Licensing Committee 20/03/14

LICENSING COMMITTEE

BURNLEY TOWN HALL

Thursday, 20th March 2014

57. Amendments to Hackney Carriage Conditions of Fitness Policy

(incorporating Age Limits for Hackney Vehicles)

Peter Henderson reported on proposed amendments to the Council’s Hackney Carriage Conditions of Fitness Policy and to the Carriage Age Limits Policy and sought their recommendation to Full Council for approval. He corrected an entry paragraph 19 table 1 of the report to show that the Council’s proposal in brackets regarding the maximum age for first registration was 4 years not 5 years and reported that the Council’s existing policy at 13c of appendix A that the vehicle body colour be black had been retained. He explained that consultation and liaison meetings had taken place with the trade representatives, the Taxi Task Group and Burnley’s Disabled Peoples Network and the issues raised in these forums had been taken into consideration when formulating the policies The amendments being proposed related to the removal of the Transport for London’s condition on the turning circle requirement as it was not considered a necessary requirement in Burnley and also a relaxation of the air quality and emissions standards to a level which would satisfy the needs of the Borough. In relation to the age limits policy on hackney vehicles it was proposed to introduce some flexibility to the lower and upper age limits in specific circumstances. This would extend the upper age limit of a vehicle from 10 years to 15 years if it could meet the Council’s exceptional condition standard or until such time as the exceptional condition standard could not be met. It was also proposed to increase the lower age limit to 4 years for those hackney vehicles where the Euro emissions standard could be met. Those vehicles that were already licenced would continue on the fleet in line with the current 12 year age limit with the option to extend this to 15 years if the exceptional condition standard could be met. It was also proposed to remove the 3 strikes policy which had limited benefit due to introduction of pre-testing arrangements. A Condition of Fitness policy was detailed at appendix A to the report which would allow the following vehicles to be admitted to the Burnley fleet: a. Traditional LTI black cabs

Licensing Committee 20/03/14

b. Mercedes Vito Taxis c. Mercedes Benz M8 Hackney d. Peugeot E7 (SE Model) by Allied Vehicles. This list would be kept under review and, subject to Licensing Committee approval, vehicles could be added where an exceptional case for inclusion could be made because of the facility they could offer to disabled users.

RESOLVED That Full Council be recommended to

(1) Adopt as a Policy document The Burnley Borough Council – Hackney Carriages: Conditions of Fitness as detailed in Appendix A to the report, incorporating a revised age limits standard, and a new ‘exceptional’ condition criteria for vehicles above the 10 year age limit; and

(2) Delete the 3 strikes policy.

C:\Users\spfarm\AppData\Local\Temp\803ef0169eae44e8ab352246ae32d19f.doc

REPORT TO LICENSING COMMITTEE

DATE 20th March 2014

PORTFOLIO Environment

REPORT AUTHOR Peter Henderson

TEL NO 01282 425011 ext 7262

EMAIL [email protected]

Amendments to Hackney Carriage Conditions of Fitness Policy (incorporating Age Limits for Hackney Vehicles)

PURPOSE

1.

For Members to consider amendments to the Council‟s Hackney Carriage Conditions of Fitness Policy and to the Hackney Carriage Age Limits Policy

RECOMMENDATION

2. That the Licensing Committee recommends that Full Council:

Adopt as a Policy document The Burnley Borough Council - Hackney Carriages: Conditions of Fitness (Appendix A), incorporating a revised age limits standard, and a new „exceptional condition‟ criteria for vehicles above the 10 year age limit, and

Delete the 3 strikes Policy

REASONS FOR RECOMMENDATION

3. To determine an appropriate choice of vehicles suitable for use on the hackney fleet.

SUMMARY OF KEY POINTS

4 Report History

The report was first brought before Members of Licensing Committee on December 5th 2013 where the following recommendation to Full Council was made at Minute 33: That the Licensing Committee recommends that Full Council:-

(1) Adopt as a Policy document, from 1st January 2014, The Burnley Borough Council - Hackney Carriages: Conditions of Fitness (Appendix A), incorporating a revised age limits standard, and a new „exceptional condition‟ criteria for vehicles above the 10 year age limit;


but with the first sentence of Appendix A Paragraph 3a amended so as to read “The vehicle must be less than 3 years old from date of first registration when it is first licenced, except where the vehicle meets the immediate previous Euro emission standard at condition 12a where the maximum age will be increased to 5 years old”;

(2) Delete the 3 strikes Policy.

5. The matter was due to be determined at Full Council on December 18th but was withdrawn

from the agenda pending further discussion with the trade representatives. That consultation meeting took place in January, and a note is attached at Appendix D. At the meeting representatives from the hackney trade were eager to caution members against opening up the market to such an extent that problems with oversaturation may arise and lead to ranking issues and put existing drivers out of business. The private hire trade pressed for an opening up of the market where vehicle age limits were aligned with current private hire limits for wheelchair-accessible vehicles. They urged this move to reduce initial investment costs and increase competition.

6. Having taken the trade issues into account the matter is now back before Licensing Committee for final agreement on a recommendation to Full Council. One amendment has been incorporated into the report presented to the December Committee. This restates the Council‟s existing policy at 13c that the body colour is black.

7. Current Policy. Council policy requires that Hackney Carriages licenced in the Borough meet the design criteria specified by the Metropolitan Conditions of Fitness (CoF). These are determined by Transport for London (TfL), formally, the Public Carriage Officer (PCO), which acts as the Licensing Authority in London for taxis. This means that entry on the hackney fleet in Burnley is restricted to just two vehicles, the traditional London Taxi TX vehicles and the Mercedes Vito Taxi.

8. A report to this Committee on 22nd November 2012 explained that Manganese Bronze Holdings, the Company that manufactured the bespoke London taxi vehicles had, on 22 October 2012, gone into administration. In light of that a decision was made to suspend the upper age limit for hackney carriages until such time as the current policy could be reviewed. In light of this The Taxi Task Group identified this particular policy as a priority for review within the overarching strategic review that is underway. Since then the Company have been taken over by „Geely UK Ltd‟, who has now resumed production of LTI cabs. A spokesman from the Company has announced new investment of 100 million pounds to assist in the development of new models and dealerships in the UK have re-opened with stocks of new and used vehicles.

9. The Review Process. Over the past months Council Officers have worked closely with elected members and trade representatives, all of whom form the Taxi Task Group. The work of this group has been further enhanced as a result of liaison meetings with members of the Burnley Disabled Peoples Network (now disbanded) and the following issues have been identified within the review:


Whether all or some of the conditions of fitness should form part of a Burnley Hackney Carriage „Conditions of Fitness‟ Vehicle Specification

Whether there are any other additional conditions that should be included in the adoption of a Burnley Hackney Carriage „Conditions of Fitness‟ Vehicle Specification.

Consideration of issues relating to passengers who may have difficulty accessing and egressing vehicles.

Air quality issues (emission standards)

Vehicle Age limits.

Legislative issues

Decision making process for consideration of none approved vehicles

10. In reviewing the fitness for purpose of the current Hackney Carriage Conditions of Fitness Policy the Council must take into consideration the case of R (Lunt and Another) v Liverpool City Council [2009] EWHC 2356 (Admin) which sets a significant precedent in relation to provision for disabled users. The case is outlined at Appendix B.

11. In reviewing the policy relating to vehicle type, consideration needs to be given to those elements of the TfL CoF which are not relevant within the Borough, together with the elements of other Council policies that restrict vehicles coming onto the fleet. These elements have been discussed extensively at the Taxi Task Group.

12. In relation to TfL conditions many are considered justified as a means to maintaining appropriate levels of safety and comfort. However the following proposed relaxations relate to aspects which are not considered necessary within the Borough:

a) The ‘Turning Circle’. The Councils current hackney carriage vehicle policy complies with the TfL CoF that requires a hackney carriage vehicle must be capable of being turned on either lock so as to proceed in the opposite direction without reversing between two vertical parallel planes not more than 8.535 meters apart. The wheel turning circle from kerb to kerb on either lock must not be less than 7.62 meters in diameter. There are currently only two vehicles that can meet the turning circle requirement and fall within the Councils current age limit policy for hackney carriage vehicles i.e. The London Taxi Cab vehicle and the Mercedes Vito Taxi. The turning circle has been an integral part of the TFL CoF for a number of years. It‟s retention in London follows a 2005 review, which justified it‟s inclusion in the CoF In Burnley, there is no evidence to suggest that rapid turning is necessary. It is this particular element that precludes other vehicles coming onto the fleet and it is difficult to see any justification for retaining the turning circle condition in Burnley. This is reflected within the proposal at Appendix A where the requirement is removed.

b) Air Quality and Emission Standards.

The TfL CoF indicates that a vehicle must meet the current and relevant EC Directive for exhaust emissions, i.e. the respective Euro standard (currently 5), although this standard has never been adopted in Burnley.


Hackney carriage vehicle‟s, the majority of which run on diesel are a source of air pollution. Although there are a relatively small number of Hackney Carriages currently licensed in Burnley there is potential for air quality issues where they accumulate on the ranks. This potential is significantly less than in London and a lower standard is considered appropriate. Included in the proposal at Appendix „A‟ is a condition which is less stringent that the London CoF, but does provide emissions standards that would satisfy the needs of the Borough. The proposed condition is worded in such a manner that any improved Euro standard in emissions would be automatically updated in Burnley‟s Policy. The proposed condition indirectly prevents older vehicles (and vehicles refitted with older engines) being licensed as replacement vehicles

13. Burnley’s Local Policy Issues.

a) Age Limit Policy

Burnley‟s current policy states that a vehicle coming onto the fleet for the first time must be under 3 years old and can be licensed until it reaches the age of 12 years from the date of its first registration. It also states that, where a hackney vehicle over three years old is written off as a result of accident damage, the damaged vehicle can be replaced by a vehicle no older than that involved in the accident. It is proposed to retain the provision for replacing written off vehicles and, subject to the following, to retain the minimum 3 year age limit and allow vehicles to be licensed to the age of 10 years. However, it is proposed that flexibility is introduced to lower and upper age limits in specific circumstances :- A vehicle licence will be renewed beyond the age of 10 years, only if it meets the Councils „exceptional condition‟ standard which is detailed in 3a of Appendix „A‟. The „exceptional condition‟ standard allows the vehicle licence to be renewed up to 15 years, or until the exceptional condition is no longer met. The lower age limit will be increased to 4 years in those circumstances where the emissions criteria condition is met. If the proposal is accepted by Members then existing vehicles will continue on the fleet in line with the current 12 year limit, and will have the option of 3 extra years if the exceptional condition is met. 10 years will only apply to vehicles entering the fleet after the new proposal is adopted.

b) 3 Strikes Policy This policy was introduced to improve the condition of the fleet by removing vehicles that were consistently unsafe at formal test. Because pre-testing is now extensively used by applicants there is limited benefit to this policy. Enforcement activity is now focussed on driver responsibility for vehicle condition, and drivers will increasingly appear before Licensing Committee and will be dealt with individually under the „fit and proper person‟ test where they are found to be driving unsafe vehicles. The 3 strikes policy is administratively complex, and so it is proposed to delete this provision for Policy.


14. Eligible Vehicles. Manchester City Council recently undertook a comprehensive review of purpose built hackney vehicle specifications, and their ability to conform to the Conditions of Fitness. Using the information collated through that exercise we believe that should the Council adopt the CoF policy at Appendix „A‟ then the following vehicles would be eligible for admission onto the Burnley fleet: .

A) Traditional LTI black cabs (currently approved in Burnley) B) Mercedes Vito Taxis (currently approved in Burnley) C) Mercedes Benz M8 Hackney. (similar to Vito taxi but without 4 wheel steering) D) Peugeot E7 (SE Model) by Allied Vehicles.

15. The above list of eligible vehicles will be kept under review and revised accordingly when

manufacturers revise the specification of their vehicles. Additionally, and subject to Licensing Committee approval, vehicles not complying with the full standard, but making an exceptional case for inclusion on the list by way of the facility they offer to disabled users, may be added to the fleet. Any person requesting the approval of a new type of vehicle must make their request in writing as per the procedure in Appendix A.

FINANCIAL IMPLICATIONS AND BUDGET PROVISION

16. None

POLICY IMPLICATIONS

17. The adoption of policies is a matter for Full Council, following recommendation by the

Licensing Committee

DETAILS OF CONSULTATION

18. Councillors Cooper, Royle, Fifield and Baker.

Taxi Task Group: The proposals set out in this report were discussed in depth with the Taxi Task Group and those discussions were concluded on 6th November. The Group asked that their comments and/or alternative proposals be considered by the Committee. Their views are detailed in Appendix ‟C‟ which is an agreed extract from the minutes of the meeting held on 6th November.

19. A summary of the recommendations of the various trade representatives made prior to the December 5th Committee is as follows; the Conditions of Fitness (Appendix A) are supported. Their views in relation to age limits at that time were:


Maximum Age

for first registration Maximum Age w/o exceptional condition criteria

Maximum Age where exceptional condition criteria are met

Council Proposal 3 yrs. (5yrs where Euro emission

criteria, condition 12a, is met)

10 years 15 years

Hackney Drivers Assoc. Ltd

4 years for new entrants

6 years for existing drivers

14 years

Hackney Driver Owners

3 years 12 years

Private Hire Operators

4 years 12 years 15 years

Private Hire Association

6 years 14 years

20. Following the matter being withdrawn from the December Full Council an informal trade/Committee meeting took place on January 20th. Appendix D provides a note of the meeting. The trade‟s recommendations have in some cases been revised, and their recommendations at this point are: Maximum Age for

first registration Maximum Age w/o exceptional condition criteria

Maximum Age where exceptional condition criteria are met

Hackney Drivers Assoc. Ltd

3years 15 years

Hackney Driver Owners

3 years 12 years

Private Hire Operators

8 years (wheelchair accessible)

15 years

Private Hire Association

8 years (wheelchair accessible)

15 years

BACKGROUND PAPERS

21 None

FURTHER INFORMATION

PLEASE CONTACT: Peter Henderson Ext 7262

ALSO: Karen Davies Ext 7247


Burnley Borough Council – Proposed Conditions of Fitness Appendix A

Index to terminology *Dft reference wheelchair – is the standard size set by DfT detailed within their „Public Service Vehicle Accessibility regulations 2000 guidance **Squab – refers to the seat cushion the passenger sits on. The measurement is taken from the centre of the seat cushion outwards into the vehicle to ensure enough distance between facing seats to accommodate a seated person (room for knees)

General construction

1 The vehicle will comply with:

a All respects of the requirements of the Motor Vehicle (Type Approval) Regulations 1980

b The Motor Vehicle (Type Approval) Regulations (Great Britain 1984)

c The Motor Vehicles (EC Type Approval) Regulations 1998 and with any further national or international legislation as may be applicable.

d The Road Vehicles (Construction and Use) Regulations 1986 (C & U).

e All respects of British and European vehicle regulations and be “type approved” to the requirements of the M1 category of European Whole Type Approval Directive 2007/46/EC as amended.

f Note: If a vehicle has not been “type approved” to the M1 category (e.g. conversions) approved certification must be provided that confirming that the specific vehicle meets the requirements of that category

2 Wheelchair Accessibility

The vehicle must be able to facilitate the carriage of disabled persons and of accommodating a disabled person in a *DfT reference wheelchair in the passenger compartment

3 Maximum Age of Vehicles

a The vehicle must be less than 3 years old from date of first registration when it is first licenced, except where the vehicle meets the immediate previous Euro emission standard at condition 12a where the maximum age will be increased to 4 years old. A vehicle licence will not be renewed for a vehicle between 10 and 15 years old, from date of first registration, unless it continues to meet the „exceptional condition criteria‟ i.e.

1. Any vehicle inspection resulting in a fail due to 2 major faults or more than 4 minor faults will usually result in the vehicle no longer being classed as in exceptional condition upon expiry of the licence. It will not be acceptable for such a vehicle to be taken away, repaired and represented for a further test. Any further application will not be accepted for such a vehicle. „Major faults‟ are defined as any brake, steering, tyre or suspension defects. „Minor faults‟ are defined as all other defects that are not classed as „Major faults.


2. The bodywork should be in good condition with little sign of panel age deterioration, dents, scratches, stone chips or rust or any other abrasions that may detract from the overall appearance of the vehicle.

3. The general paint condition should show little sign of fading; discolouration or mismatching that may detract from the overall appearance of the vehicle.

4. The interior trim, panels, seating and carpets etc. should be in good condition clean, free of damage.

5. The vehicle to be in good mechanical condition and in all respects safe and roadworthy with no signs of corrosion to the mechanical parts, chassis, underside or body work.

6. The boot or luggage compartment to be in good condition, clean and undamaged.

7. Passenger areas to be free from damp or any other odours that may cause passenger discomfort.

4 Steering

a The steering wheel must be on the offside of the vehicle

5 Modifications/Additional Equipment

a No equipment and or fittings, other than those approved may be attached to, or carried on the inside or outside of, the vehicle

b No modifications may be carried out to the vehicle without prior written approval of the Council. Written proposals for any vehicle modification should include appropriate information from the vehicle manufacturer that the modification can be accomplished without compromising the vehicle specification.

7 Tyres

a Vehicles must have tyres that comply with the relevant legislation Specifically, re-tread tyres must comply with BS AU 144E as amended and be marked accordingly.

b Tyres should be of the designated size, speed and weight rating for that make and model of vehicle as prescribed by the vehicle manufacturer.

8 Brakes

a The vehicle must have an anti-lock braking system fitted.

9 Interior Lighting

a The vehicle must be fitted with adequate lighting for the driver and passengers

b The vehicle must be fitted with separate lighting controls for both passenger and driver.

c The vehicle passenger compartment will have an illuminated control switch fitted, which is within reach of wheel chair passengers

d The vehicle should have lighting provided at floor level to each passenger door, which is activated by the opening of the Doors


10 Electrical Equipment

a Any additional electrical installation and/or after-market components, used within the vehicle, must meet the requirements of the relevant Automotive Electro Magnetic Compatibility (EMC) Directive, as amended, and be marked accordingly.

11 Fuel Systems

a The vehicle must have a device provided whereby the supply of fuel to the engine may be immediately cut off.

b If a manually operated device is fitted, the location together with the means of operation and “off” position must be clearly marked on the outside of the vehicle? In the case of a vehicle fitted with an automatic inertia fuel cut off switch, no markings are required.

c Where the engine is powered by liquid petroleum gas (LPG), compressed natural gas (CNG), liquid natural gas (LNG), petrol or any combination of these fuels, the vehicle must be fitted with an automatic inertia fuel cut off device.

d The vehicle must have a manually operated fuel cut off device externally mounted which is easily visible and readily accessible at all times from the outside of the vehicle with its location and means of operation clearly marked

e Where a conversion to LPG has been undertaken „post‟ manufacturing the Council will only licence such vehicles where the applicant is able to produce an LP Gas Association Conversion Certificate in relation to the vehicle. (photo copies will not be accepted) In all cases any certificate of insurance produced in support of an application must indicate that the vehicle is insured to run on LPG.

12 Exhaust Emission Standards

a When a vehicle is first licensed (including a replacement vehicle) it is expected to meet (and maintain) the current or immediate previous Euro emission standard. This standard must be maintained throughout the period that the specified vehicle is licensed.

13 Body

a The body must be on the fixed head type with a partially glazed partition separating the driver from the passenger

b The overall length must not exceed 5 metres. This is essential for determining the size of taxi ranks, other pickup points and for the free access and flow of other vehicles.

c The body will be solid black in colour.

14 Facilities for the Disabled

a Every taxi must be equipped to approved standards in order that wheelchair passengers may be carried.

b The vehicle must have i. anchorages provided for wheelchair tie downs and the wheelchair passenger restraint ii. anchorages that are either chassis or floor linked and capable of withstanding approved dynamic or static tests iii. anchorage restraints for wheelchair and occupant independent of each other iv. anchorages provided for the safe stowage of a wheelchair when not in use,


whether folded or otherwise, if carried within the passenger compartment v. anchorages and restraints designed so that they do not cause any danger to other passengers

c The door and doorway must be so constructed as to permit an unrestricted opening across the doorway of at least 75cm and have a minimum angle of a hinged door when opened must be 90 degrees

d The clear height of the doorway must not be less than 1.2 metres

e Grab handles must be placed at door entrances to assist the elderly and disabled. All grab handles must be in a contrasting colour.

f The top of the tread for any entrance should normally be at floor level of the passenger compartment and comply with the following requirements: i. be not more than 380mm from the ground, (measured at the centre of the tread width) ii. the surface shall be covered in a slip-resistant material and have a band of colour across the entire width of the edge which shall contrast with the remainder of the tread and floor covering

g Should any entrance be more than 380mm from the ground, an external interim step must be available when the associated passenger door is opened and comply with the following requirements i. not be more than 380mm in height from the ground, (measured at the centre of the step width) ii. be not less than 250mm deep iii. the surface shall be covered in a slip-resistant material iv. have a band of colour across its leading edge which shall contrast with the remainder of the step and floor covering v. not be capable of being operation whist the vehicle is in motion vi. if automatic or powered be fitted with a safety device, which stops the motion of the step if the step is subject to a reactive force not exceeding 150N in any direction if that motion could cause injury to the passenger vii. can fold or retract so that it does not project beyond the side face of the vehicle and the vehicle is not capable of being driven away unless the step is folded or retracted

h The vertical distance between the highest part of the floor and the roof in the passenger compartment must not be less than 1.3m.

i Where seats are placed facing each other, there must be a minimum space of 42.5cm between any part of the front of a seat and any part of any other seat which faces it, ensuring adequate foot room is maintained at floor level

j Where all seats are placed facing to the front of the vehicle, there must be clear space of at least 66cm in front of every part of each **seat squab, measured along a horizontal plane at the centre of the cushion

k A ramp for the loading of a wheelchair and occupant, which is available at all times for use, as a minimum, at the nearside passenger door. The ramp must have a safety lip, be 70cm wide, as a minimum, and comprise a single non-slip surface. It is desirable for this facility to be available at the offside passenger door also. An adequate locking device must be fitted to ensure that the ramp does not slip or tilt when in use. Provision must be made for the ramp to be stowed safely away when not in use.


15 Passenger Comfort

a When fitted, occasional seats must be at least 40cm in width and the distance from the back of the upholstery to the front edge of the seat must not be less than 35.5cm

b Occasional seats must be so constructed as to rise automatically when not in use. They must be spaced at least 4cm apart. When not in use, they must not obstruct doorways.

c Suitable means must be provided to assist persons to rise from the rear seat, with particular attention to the needs of the elderly and disabled.

d The rear seat dimensions must be adequate to carry the appropriate number of adult passengers comfortably

e Lap and diagonal seatbelts must be fitted on all seats (including rear facing seats)

f Head restraints must be fitted to all (forward and rear facing seats. The design of headrests should maximise the rear sightlines of the driver when any of the passenger seats are not occupied.

g An induction loop system (or equivalent) must be fitted.

16 Drivers Compartment

a The driver‟s compartment should be designed so that the driver has adequate room, can easily reach, and promptly operate, the controls.

b Controls should be placed to allow reasonable access to the driver‟s seat, when centrally placed, and be properly protected from contact with luggage

c The vehicle must be provided with an approved means of communication between the passenger and the driver. If a sliding window is fitted on the glazed partition, the maximum width of the opening must not exceed 11.5cm

d Where a single-piece partition is fitted, a facility must be provided for making payment to the driver

e The headrests should maximise rear sightlines for the driver, when any of the passenger seats are not occupied.

17 Driver Visibility

a The vehicle should be fitted with a single piece, full-width, rear window.

18 Passenger Visibility

a The windows should maximise passenger visibility into and out of the vehicle. The top of the window line for front and side windows, when measured vertically to the top of the visible portion of the glass, must not be less than 780mm on any glass panel forward of or beside the seated passenger. The vertical distance is to be measured through the E point as defined in Directive 77/649/EEC, from the top of the uncompressed rear forward facing passenger seat cushion to the first point of totally obscured glass. Manufacturers are to declare conformity to this condition by way of a drawing. The bottom of the window area in the passenger compartment must be available for opening by the seated passenger.

b Windows must permit maximum visibility into and out of the vehicle. They must have a light no more than 25% tint value


c Windows must be capable of being opened easily by passengers, including those in wheelchairs, when seated. The control for opening a window must be clearly identified to prevent being mistaken for any other control

19 Heating and Ventilation

a An adequate heating and ventilation system must be provided for the driver and passengers and means provided for independent control by the driver and the passengers. All switches must be within easy reach of seated passengers, including those in wheelchairs.

20 Door Fittings

a An approved type of automatic door securing device must be fitted to passenger doors to prevent them from being opened when the vehicle is in motion. When the vehicle is stationary the passenger doors must be capable of being readily opened from the inside and outside of the vehicle by one operation of a latch mechanism. The door must not open from the inside if the driver has the foot brake depressed. The interior door handle must be clearly identified to prevent it being mistaken for any other control.

21 Fare Table

a A frame must be provided for the fare table fixed in an approved place.

22 Floor Covering

a The floor of the passenger compartment must be covered with a slip resistant material, which can be easily cleaned. The floor covering must not impede the movement of wheelchairs. The colour of the floor must contrast with any up stand areas around it and with the colour of the seats.

23 Luggage

a Suitable dedicated provision for the secure carriage of luggage should be made, separated from the passenger compartment and proportionate to the number of passengers carried.

24 Taxi Sign

a The vehicle must display a “Taxi” sign, approved by the Council which can be clearly visible both by day and night when the taxi is available for hire.

25 Radio Apparatus

a The vehicle must be suitable for the fitting of radio equipment NB. The equipment fitted must have been approved by the council


APPENDIX ‘B’ R (on the application of (1) Alma Lunt (2) Allied Vehicles Ltd) v Liverpool City Council (Defendant) and Equalities & Human Rights Commission (Intervener) [2009] EWHC 2356 (Admin) Implications for Practitioners Blake J.‟s judgment contains a number of important statements on the scope of the duties on public authorities under ss21B-21E on the Disability Discrimination Act 1995 (DDA), in particular the duty to take reasonable steps to ensure a practice, policy or procedure does not make it impossible or unreasonably difficult for disabled people to receive a benefit intended to be conferred. It also confirms the suitability of judicial review as a means of bringing a direct discrimination claim in an appropriate case, and the relevance of a material error of fact to compliance with the „due regard‟ duty under s49A DDA. The Facts The first claimant, Alma Lunt, is a disability campaigner in Liverpool and a wheelchair-user. Although Mrs Lunt uses taxis regularly, she cannot be secured in a London-style taxi because of the limited space for turning a wheelchair. Liverpool restricts the type of taxis that can be used to London-style „TX‟ type taxis, meaning that she has no choice but to travel in taxis sideways, without a seatbelt, which is both uncomfortable and unsafe. In 2007 the second claimant, „Allied‟, applied to Liverpool City Council for approval of its wheelchair accessible taxi, the „E7‟, which is already licensed as a taxi in most cities in the UK. Mrs Lunt and other disabled people in Liverpool were impressed with the E7, which can securely carry larger wheelchairs with space for more than one ambulant companion, and supported the application. They informed the Council‟s licensing officer about the serious problems they and other wheelchair users faced in using the existing taxis in Liverpool. However, the Council‟s licensing committee refused to approve the E7, relying in part on an equality impact assessment which asserted that the existing fleet of taxis in Liverpool (which is similar to that in London) was already „wheelchair accessible‟. The claimants argued that the decision was unlawful because: (1) the Council had failed to comply with its duty under s21E(2) DDA to take reasonable steps to ensure that its taxi licensing policy did not make it impossible or unreasonably difficult for disabled people to receive the benefit intended to be conferred; and (2) it had failed to discharge its statutory duty under s49A DDA to have due regard to the need to promote equality of opportunity for disabled persons and to encourage their participation in public life. Separately, the claimants argued that the decision was based on a material error of fact, was unfair, and that the defendant‟s taxi licensing policy was contrary to article 28 of the Treaty establishing the European Community (EC) as an unjustified restriction on the free movement of goods. The Decision The judge rejected the defendant‟s argument that the challenge under s21E DDA was unsuitable for judicial review and had to be brought by way of a damages claim in the County Court, for three reasons. First, DDA schedule 3, paragraph 5 preserves a right to apply for judicial review in respect of an act which is unlawful under Part 3 DDA. Second,


comparable race discrimination authorities demonstrate that a challenge can be made by way of judicial review even where there is a factual dispute (R (European Roma Rights Centre) v Immigration Officer at Prague Airport [2005] 2 AC 1 and R(E) v Governing Body of the JFS [2008] EWHC 1535/1536 (Admin)). Third, the factual dispute in this case (about what was said in consultation) did not prevent the challenge proceeding because it was clear that there was documentary evidence before the licensing committee that some wheelchair users could not access London taxis for space reasons and the licensing officer must have seriously misunderstood the issue and should have investigated further. The court could intervene where there had been a procedural failure to explore a relevant question fairly and effectively, or having explored it, a public authority based its decision on a critical factual question that proved to be wrong (E v the Secretary of State [2004] EWCA Civ 49; [2004] QB 1044). Ultimately, the decision fell to be quashed because it was based on a fundamental misunderstanding as to the true factual position: the defendant had erroneously believed that: (1) all of the existing fleet of 1400 London-style taxis in Liverpool was „accessible‟ to all wheelchair users generally; (2) reported problems as to the securing of wheelchairs were exclusively the result of driver error; and (3) it was dealing merely with a wish or preference of wheelchair users for greater choice, rather than something that thwarted their ability to access the benefits provided by the licensing regime altogether. The judge also rejected the defendant‟s argument that it was entitled to conclude that its taxi fleet was accessible to „wheelchair-users as a class‟ to avoid triggering the duty to make adjustments in accordance with s21E DDA. The judge found that the evidence before the licensing committee showed serious difficulties for a class of wheelchair users, of whom some, like Mrs Lunt, could not access a safe and secure position in a London-style taxi at all. It was not necessary to show that there was a denial of access to a benefit for „wheelchair users as a whole...undifferentiated as to the size of the chair or the particular disability that may distinguish one group of wheelchair users from another‟. The factual error was also fatal under s49A DDA, since the true factual position was a mandatory relevant consideration under s49A DDA and at common law: the licensing committee therefore could not lawfully exercise its discretion if it did not properly understand the problem, its degree and extent. Comment The decision confirms the importance of the duties on public authorities under ss21B-21E DDA, including the duty to make reasonable adjustments to any practice, policy or procedure falling within s21E DDA. It is perhaps all the more important given the restrictive approach taken to disability discrimination in London Borough of Lewisham v Malcolm [2008] 1 AC 1399. In setting out the legal principles to be applied, the judge adopted a „six step approach‟ that a public authority should use under ss21B and 21E DDA, and endorsed submissions by the EHRC regarding the importance of access to public transport by people with disabilities if the policies and purposes of the DDA are to be promoted and not frustrated: 1. Did the [authority] have a practice policy or procedure? 2. Did that practice policy or procedure make it impossible or unreasonably difficult for disabled persons to receive any benefit that is, or may be, conferred by the [authority]? 3. If so, is it under a duty to take such steps as is reasonable in all the circumstances of


the case for it to change that practice policy and procedure so it no longer has that effect? 4. Has the [authority] failed to comply with its duty to take such steps? 5. If so, is the effect of that failure such as to make it unreasonably difficult for Mrs Lunt to access such benefit? 6. If so, can the [authority] show that its failure to comply is justified in that either a. it reasonably holds an opinion that the non-compliance is necessary in order not to endanger the health or safety of any other person; or b. its failure is justified as a proportionate means of achieving another legitimate aim?” Referring to Sedley LJ in Roads v Central Trains [2004] EWCA Civ 1541, the judge confirmed that the duty to make reasonable adjustments to the taxi licensing policy in this case was „not...a minimal duty, but seeks broadly to put the disabled person as far as reasonably practicable in a similar position to the ambulant user of a taxi‟. Separately, the judge found that the refusal to license the E7 taxi was contrary to article 28 EC and observed that the test for justification of a failure to take „reasonable steps‟ under s21D DDA was similar to the strict test applicable under article 28 EC: in this case it would only have been lawful if shown by relevant evidence to have been justified on grounds of public safety, and to be proportionate, i.e. the least restrictive alternative to achieve that legitimate aim. The case will have significant repercussions for the licensing of taxis in cities that still restrict the type of licensed taxis to the London-style taxis (including in London itself) and is likely to be of assistance to disabled people and others campaigning for better access to public transport. More generally, it reinforces the significance of the legal responsibilities on local authorities to consider disabled people and their interests when making decisions that affect them, to ensure that the legislative purpose of the DDA – to ensure substantive equality – is not frustrated. At the time of writing, Liverpool‟s officers had just reported to their licensing committee that it had no real alternative but to license the E7. Mrs Lunt and others in her position are hopeful that the long fought for U-turn in licensing policy is about to take place.


APPENDIX ‘C’ Extract from Taxi Task Group Minutes 9th November 2013

4. TAXI TRADE PROPOSALS - AMENDMENTS TO HACKNEY CARRIAGE CONDITIONS OF FITNESS POLICY (INCORPORATING AGE LIMITS FOR HACKNEY VEHICLES)

4.1 The Chair asked the Taxi Trade for their comments:

4.1.1 (The Hackney Drivers‟ Association Ltd) We have grave concerns:

The Council‟s role is to protect the public/provide

reasonable access to vehicles. It is important that

the policies reflect reasonable service at reasonable

cost.

When we look at Burnley, we see queues of

hackneys and private hire vehicles (particularly at

night time).

Is the policy of the Council really working or is there

an issue detrimental to the trade and public? There

is a spiral where hackneys are handing plates in.

A survey shows high risk of total collapse of the

hackney trade in many areas around the country.

The hackney trade in Burnley has not moved on. No

change in policy in relation to hackney vehicles. Is it

right, reasonable, affordable?

Am I representing the best I can for the hackney

trade? The answer is no. The Council is still

restricting the Trade through the backdoor.

To maintain the position, an unmet demand survey

for hackney vehicles is requested to re-introduce

limits on the number of vehicles allowed on the fleet

(currently feel there is an imbalance).

Drivers have to work longer hours with

fatigue/tiredness, which is not good, to make the

same money as 5 years ago. Domestic abuse is

increasing because there is no money coming in.

We want what is good for the Trade as a whole, not

just individuals.


Elected Members, you have a responsibility to the

Trade for proposals to be affordable/ reasonable in

the current pressures. With respect, you do not

currently. Need to consider survey result.

(The Hackney Drivers’ Association Ltd)

Recommendations:

o We ask the Council to undertake an unmet

demand survey and urge the Council to

introduce E7s and further vehicles, to increase

availability for work which cannot be done in

other vehicles.

o Age limits: Agree to allow upgrade for existing

members, for something reasonable, ie, 6 years

with extended conditions. (Existing drivers

cannot afford 4 year vehicles.) Upper limit 14

years. New drivers should have to put on a 4

year old vehicle.

Comments:

o (Councillor Anne Kelly) When did the last survey

take place?

o (Peter Henderson) Around 6 years ago. An in

depth consultation with members of the public

(200 pages). The sweeping generalisations

made are not helpful, need specifics. Since

delimitation the vehicle numbers have levelled

off to the current number just through market

forces. There are no plates being handed in

within Burnley.

o (The Hackney Drivers‟ Association Ltd) Further

things can be done to help provide a service for

my members. Hackney provision is changing.

We need to make sure we have security.

o (Chair) Thought provoking matters for Licensing

Committee to consider when making policy

changes.

o (Elected Members) Agreed, would be of benefit

to Licencing Committee/need to take into


consideration.

o (Karen Davies) We need to have a balanced

overview of the current situation within Burnley

and use reliable evidence and indicators to

inform views.

4.1.2 (Hackney Owners‟ Association) Concerns:

Accept that different vehicles have to be allowed.

If the age limits are changed existing drivers will lose

the money they have invested in vehicles which

meet the current 12 year rules.

Increased number of vehicles on the road/parking

issues. Private Hire operators will licence their

larger vehicles as hackneys which will allow them to

operate as both Private Hire vehicles and use the

ranks/ply for hire legally as hackneys. This will

create significant problems in the town.

(Hackney Owners’ Association)

Recommendations:

o Age Limits: Hackney Owners‟ Association voted

on their preferences: results - 26 signatures

prefer to leave as is, ie, 3 years – 12 years. This

will retain the distinction between hackneys and

Private Hire and protect the investments already

made by current drivers.

4.1.3 (Private Hire Operators) Concerns:

New entrants currently hindered from entering the

trade by high new vehicle costs. Need to open it up.

These high costs impact on the costs of maintaining

vehicles.

(Private Hire Operators) Recommendations:

o Age limits 4 – 10 years (exceptional up to 15

years).

4.1.4 (Private Hire Association) Concerns:

Disagree with Hackney Owners‟ Association

regarding blocked roads/licences. Need to integrate

the trades. We are all doing the same job under

different banners. Private Hire also suffering. We


need to do what is right for the public. Hackneys are

too expensive.

(Private Hire Association) Recommendations:

o Agree with The Hackney Drivers‟ Association

Ltd‟s recommendations, ie, 6 year lower age for

first vehicle but for everyone and 14 year upper

limit.

4.1.5 In summary - Recommendations:

The Hackney Drivers‟ Association Ltd:

4 years (new entrants) – 14 years

6 years (renewal existing) – 14 years

(dual system)

Hackney Owners‟ Association:

3 years – 12 years

Private Hire Association:

6 years – 14 years

Private Hire Operators:

4 years – 12 years, exceptional 15 years

4.2 General comments:

(The Hackney Drivers‟ Association

Ltd): The cost issues for people investing in vehicles has

to be considered.

(Peter Henderson) Pointed out that the Trade‟s concerns

were not about vehicle cost issue, they want to see a

quantity restriction re-imposed at around 30, because this

would protect the hackney trade monopoly.

(The Hackney Drivers‟ Association Ltd) Age limits would

not be an issue. Elected Members to consider if policies

working. We have got to respect the views of officers,

representatives, etc.

(Karen Davies) A report went before Members around 6

years ago, following the last survey. Consideration was

the given to keeping quantity restrictions and Members

decided „no‟. There would now need to be a change in

policy before a survey about setting quantity could take

place, ie, is a quantity restriction appropriate for Burnley?

This would go against current Department for Transport


Best Practice.

(Private Hire Operators) Need to take account of the

current economy. We cannot afford to run 3 year vehicles.

If you expect operators to buy new (er) vehicles, then with

the current income levels, they will only be able to repay

their finance agreements and that the maintenance of

these vehicles will be impacted.

(Chair) The views of the Taxi Trade are currently missing

from the Licencing Committee report. Need to ensure

specific points raised today are put in writing, to go with

the report. Taxi Trade representatives may also attend

Licencing Committee in person to put their „big issues‟

around economies, etc., directly to Members.

(Karen Davies) Why is the Council‟s current proposal not

acceptable as a compromise? It reduces the initial

investment by permitting different (cheaper) types of

vehicles on the fleet and effectively moves the lower age

limit up to 4 years and allows well maintained vehicles to

stay on the fleet beyond 10 years. It seems to do what

most of you are asking for and rewards high levels of

maintenance.

(Hackney Owners‟ Association) Severe cuts/costs will put

people out of business.

(Chair) Divergence of views needs to go to Licensing

Committee.

(Private Hire Association) Elected Members, it is important

to let the market dictate itself. Every job is vital. Give

hackneys a chance to compete. Integrate the two trades.

(Councillor Ida Carmichael) Elected Members need the

background information when the report goes to

Committee, so that they can make an informed decision.


APPENDIX D

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codes.

Private Informal meeting of Licensing Committee and Taxi Trade

BURNLEY TOWN HALL

Monday 20th January 2014

PRESENT

MEMBERS

Councillor Ann Royle in the Chair.

Councillors Margaret Brindle, Ida Carmichael, Jean Cunningham, John Fifield, Gary Frayling, Mathew Isherwood, Anne Kelly, Arif Khan, Tom Porter, Ann Royle and Betsy Stringer.

OFFICERS

David Wilcock Karen Davies Saima Afzaal

- - -

Head of People Law & Regulation Environmental Health & Licensing Manager Assistant Democracy Officer

Amendments to Hackney Carriage Conditions of Fitness Policy

(incorporating Age Limits for Hackney Vehicles)

Comments by Taxi Trade. Khalid Mahmood PH Operator Need to consider alternative vehicles and have an affordable fleet. Current fleet comes on at 3 years old & is being run for 7-8 years. Previously (before lower age limits) a vehicle was brought in older and run for shorter time. Members should look at more affordable vehicles. Age limit reduced. The Council needs to take into account of the current economy. PH cannot afford to run 3 year vehicles & trade cannot expect vehicles brought in older to run for shorter time. Like to see E7, Mercedes benz, vito black cabs & other appropriate M1 specification vehicles. Proposal – Align with age limits for the PH fleet: wheel chair accessible, 8 years until 15 years. For non-wheelchair accessible a lower age limit 6 years and an upper limit of 12 years. Open to a restriction of vehicle numbers, whether survey carried out or not. Charles Goodwill - HC


A move away from the minimum age of 3 years and a 12 year upper limit will see the Town flooded with Hackney Carriages. Up to 300 PHVs could move across to be self-employed hackneys. The streets will be gridlocked, Council Revenue will drop when operators close and taxi ranks will be overflowing Drivers are currently taking £300 per week giving them no profit. The new types of vehicles must be brought on, we accept that. But the age limits restrict numbers and they should continue. This will stop the flooding because it will keep prices of new vehicles up. We question why when considering HC policy the Council is listening to PH. Why are you taking more information from PH reps than taxi reps. Mr Oakes suggests an unmet demand survey. There is no place for this. An unmet demand survey takes place when there are restricted numbers of hackneys, and in Burnley we don‟t have restricted numbers. Proposal retain 3 to 12 years. M Arif – PH Mr Goodwill gave an example of 1 person who has invested in a Burnley HC vehicle he is struggling for a living. PH in need of help. General interest for public, look at trade, how can the council help the trade work together, PH & HC doing a very similar job but under different trade. PH also suffering they need to do what‟s affordable for the public, Hackneys are too expensive. Town Centre is closed to keep certain people away. Proposal - minimum age for HC, 6 years. why because it‟s easier for HC driver to replace vehicle due to damage beyond repair ,more affordable, easy accessible for workers & people who want to come into the trade. Currently new entrants hindered from entering the trade by high new vehicles costs. These high costs impact on the costs of maintaining vehicles. Proposal - Lower age limit 8 years (minimum 6 for non-wheelchair accessible cars) and upper age limit 15 years, also welcomes different vehicles being introduced onto the fleet. Charles Oakes, HC Association Agrees with what‟s been said. He was in Burnley over the weekend and the state of the town at night was intolerable. Queues of hackneys and private hire vehicles particularly at night were manic. Is the Council policy still serving the public or is there an issue detrimental to the trade and public. Drivers are working long hours. The Hackney trade in Burnley has not moved on. There has been no change in policy in relation to Hackney vehicles. Is it right, reasonable, affordable? If the lower age limit of HC is raised the PH will replace their cars with Hackneys. HC is struggling now. The ranks will be full and emissions from taxis driving around the town/waiting for fares will increase. By carrying out an unmet demand


survey it will evaluate the current situation in Burnley. HC can never compete on price we are serving the Member of public. To maintain the position, an unmet demand survey for hackney vehicles is requested to re-introduce limits on the number of vehicles allowed on the fleet. When asked by Cllr Isherwood to confirm his proposal in relation to age, he indicated 3 to 15 years. M Yousaf - PH Association Indicated that he agreed with Mr Arif‟s views.

Members made the following comments.

More work needs to be carried out to clamp down on illegal PH trade, better enforcement in the town centre. The proposals put forward form PH will have a detriment to HC trade.

Members want a satisfactory standard of taxi vehicles in Burnley, the Council wants to improve safety & standard. Only 30% of vehicles passing their MOT.

Members further emphasised that the Borough needs a decent acceptable standard of taxis. Protect the people of this borough, duty of care to residents.

HC fares are controlled by the Council. PH fares are controlled by the operators independently. Taxi drivers should be more responsible as a service provider.

A question was asked by a Member on the number of vehicles in Burnley. Karen Davies responded that there were 41 Hackney, 308 PH, 34 operators, and 598 drivers.

Members expressed the number of PH vehicles roaming in the town centre picking passengers up without pre booking is become an issue.

Recorded Votes at Budget Meetings

ITE

M 5

b

ITEM NO

C:\Users\spfarm\AppData\Local\Temp\b025f72a6f464a5f8d74c812cc65aca5.docx

Recorded Votes at Budget Meetings

Report to Council

DATE 10th April 2014

PORTFOLIO Leader

REPORT AUTHOR Tom Forshaw

TEL NO 01282 477260


PURPOSE

1. To approve a change to the Council Procedure Rules, to require recorded votes at

budget- setting Council meetings. This is to comply with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014.

RECOMMENDATION

2. That Council agrees to change the Council Procedure Rules to comply with the Local

Authorities (Standing Orders) (England) (Amendment) Regulations 2014, which makes it a requirement to have a recorded vote at budget Council meetings.


3. To comply with recently introduced legislation


4. The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 came

into come into force on 25th February 2014. These regulations make it mandatory for councils to amend their standing orders so as to include provisions requiring recorded votes at budget meetings.

5. The Government says it has introduced this measure in the interests of transparency and democratic accountability, in that people will be able to see how their councillors voted, not only on the substantive budget motions agreeing the budget, setting council taxes or issuing precepts, but also on any amendment proposed at the meeting. A letter from the Parliamentary Under Secretary of State is attached, setting out the Government’s view in more detail.

6. Council is therefore asked to incorporate this requirement in the Council Procedure Rules by including the following to Rule A16 on Voting 16.7 Recorded votes at budget meetings Immediately after any vote is taken on a budget decision at the budget decision meeting

C:\Users\spfarm\AppData\Local\Temp\b025f72a6f464a5f8d74c812cc65aca5.docx

of the Council, there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting. This will include a recorded vote on any amendment proposed at the meeting. For the purposes of this Rule: (a) “budget decision meeting” means a meeting of the Council at which it - (i) makes a calculation (whether originally or by way of substitute) in accordance with any of sections 31A, 31B, 34 to 36A, 42A, 42B, 45 to 49, 52ZF, 52ZJ of the Local Government Finance Act 1992(a); or (ii) issues a precept under Chapter 4 of Part 1 of that Act, and includes a meeting where making the calculation or issuing the precept as the case may be was included as an item of business on the agenda for that meeting; and (b) references to a vote are references to a vote on any decision related to the making of the calculation or the issuing of the precept as the case may be.”;


7. None

POLICY IMPLICATIONS

8. None


9. Member Structures Group

BACKGROUND PAPERS

10. All background papers are published documents

FURTHER INFORMATION

PLEASE CONTACT: Tom Forshaw

ALSO: Eric Dickinson

Review of Standing Orders for Contracts

ITE

M 5

c

ITEM NO

REPORT TO FULL COUNCIL

DATE 10th April 2014

PORTFOLIO Resources & Performance Management

REPORT AUTHOR Chris Gay

TEL NO 01282 477163


Review of Contract Standing Orders 2014

PURPOSE

1. To highlight proposed changes to Standing Orders for Contracts (SOC) to ensure they

remain fit for purpose; and also to review the Executive approval threshold.

RECOMMENDATION

2. That Full Council be recommended to approve the revised SOC as Appendix 2 to the

report, comprising the following; a) revisions to SOC as highlighted in this report and detailed at Appendix 1; and b) the Executive approval threshold to be increased from £50,000 to £100,000, and that the lower level thresholds be increased in line with this.


3. In order that appropriate control mechanisms are in place to ensure transparent public

expenditure by the Council.

4. 5.

To support the Council in compliance with all relevant UK and EU legislation; and in delivering its strategic priorities. Executive approval: to bring the approval threshold in line with Key Decisions and Financial Procedure Rules.


6. SOC are reviewed periodically to ensure they are fit for purpose in that they:

Provide clear guidance on tendering etc.

Reflect changes in Council operations and Constitution and;

Remain compliant with UK and EU legislation The last update was in 2012 for increased EU contract thresholds.

7. The following main areas are highlighted for amendment to reflect legislative and operational changes:

Confirmation of removal of personal data etc. when disposing of assets

mailto:[email protected]

2

Provisions around meeting data transparency requirements

2014 EU contract thresholds

Cessation of Approved Contractor List and;

Implementation of Constructionline for pre-approved contractors

Arrangements for use of external funders approved contractors

Accessing collaborative contracts or using contractors approved by grant funding bodies without need to waive SOC

Rejecting unsolicited tender submissions received

Changes to capital expenditure approvals

8. It is recommended that the revisions to SOC highlighted above and detailed in Appendix One are adopted. Draft SOC v.5 is attached at Appendix 2; with changes highlighted. Once approved SOC will be issued to staff for use, and they will replace the current version 4.

9. It is a further recommendation that the Executive approval threshold of £50,000 is increased to £100,000 to bring it in line with Key decisions and Financial Procedure Rules; and that the lower thresholds are also increased as follows:

Threshold Summary procurement

method

Less than £1,000

(Previously £500)

Verbal agreement with written or electronic record; market testing undertaken appropriate to the need or value of the contract/ purchase

Above £1,000 and Below £20,000 (Previously £500 to £15,000)

Market testing undertaken by the method deemed most appropriate by the relevant Head of Service (min 4 competitive quotes) or use available Framework

Above £20,000 and Below £100,000 (Previously £15,000 to £50,000)

Between four and six competitive quotes obtained. Supplier can be drawn from Pre - Approved Suppliers or Open Tender or Framework

Above £100,000

(Previously £50,000)

Executive authority required. Tenders invited, advertised in appropriate journals. Supplier can be drawn from Pre-Approved Suppliers or Open Tender or Framework


10.

None directly; however, SOC provide the policy framework within which officers must comply with required actions when dealing with expenditure.

POLICY IMPLICATIONS

11. SOC set out the mandatory actions that apply to all Council purchasing, procurement and

contracting activities.


12. Management Team, David Wilcock, Head of People, Law & Regulation; Tom Forshaw,

Head of Chief Executives Office; Simon John, Procurement & Commercial Solicitor; Ian Evenett, Internal Audit Manager, Winston Robinson, Engineering Manager, Colin Hill,

3

Head of Facilities Management

BACKGROUND PAPERS

13. None.

FURTHER INFORMATION

PLEASE CONTACT: Chris Gay (ext 7163)

ALSO: Tom Forshaw

4

Appendix 1. Proposed Changes to Standing Orders for Contracts 2014:

Ref. Details Page

2.1 Updated EU contract thresholds from 01 January 2014.

5

5iv Disposal of assets: confirmation that all personal data or information has been removed or destroyed

9

8i Capital expenditure: amended to reflect new approval arrangements

9

9i

Include the requirement to seek guidance on contract conditions from Legal services.

9

10iv NEW SUB CONTRACTORS: Unsolicited tenders received from a 3rd party acting on behalf of a bona fide bidder will be rejected (i.e. where the bidder has passed the tender on to the 3rd party to complete and submit).

10

12vii NEW EXCEPTIONS: Accessing contracts let through collaboration will be deemed to be compliant with SOC where the leading organisations contract procedural rules have been applied & comply with EU (where appropriate).

11

12viii

NEW EXCEPTIONS: Arrangements to accept, without need to waive standing orders, contractors approved by funding bodies where such contractors are not registered with CL and where the funding bodies contract procedure rules have been met in appointing the contractor/s

11

16vii NEW RECEIPT OF QUOTATIONS: that appropriate action is taken to form a contract to the required terms i.e. official purchase order or contract

13

21iii NEW SIGNING & SEALIING CONTRACTS: That an appropriate officer is responsible for ensuring a signed contract is in place before implementation etc.

17

23 Rewording: Details of all contracts and expenditure above limits defined in Council policy on data transparency should be available for publication and recorded internally, as set out in the policy.

17

App. Sec. 2

NEW arrangements for pre-approved contractor selection through Constructionline (Cessation of the Council’s Approved Contractor list and selection arrangements).

19

App. Sec. 3

New arrangements to create a Select List if required, where no pre-approved contractor is registered on CL for the given opportunity. 19

Gen. Increase of Executive Approval threshold to £100,000 with lower thresholds increased accordingly

N/A

Gen. Updating: roles and titles etc., Government procurement details (GPS/ Crown Commercial Services). Generic description of e-procurement platforms (i.e. not limited to ‘the Chest’)

Various

***

STANDING ORDERS FOR CONTRACTS

Version 5.0 DRAFT

(March 2014)

2

1. 0 Table of Contents:

2. 0 Standing Orders for Contracts: Context Page 4 2. 1 Contract Thresholds (Including OJEU) Page 5 3. 0 Standing Orders Applicable to ALL Contracts Page 7 Procedures: 3. 1 For Contracts Less Than £1000 Page 11 3. 2 For Contracts Above £1,000 and Below £20,000 Page 12 3. 3 For Contracts Above £20,000 and Below £100,000 Page 12 3. 4 For Contracts Above £100,000 Page 14 Appendix A The Tender Process: Procedures

1. Invitation of Tenders: Steps to Follow Page 18 2. Pre-Approved Contractors Page 18

3. Absence of Pre Approved Contractor Page 19 4. Open Tender Page 19

5. Submission of Tenders: Steps to Follow Page 20

6. Opening & Accepting Tenders Page 20 7. Nominated Sub Contractors & Suppliers Page 21 8. Principles of Positive Action Page 21

3

1.1 Revision History

Version Date Author Description

1. 0 April 1994 Tom Forshaw Original

2. 1 17/10/2006 Chris Gay Executive Approval

2. 2 29/01/2010 Chris Gay Updated EU Thresholds

3. 0 14/07/2011 Chris Gay Review of Constitution and e-tendering

4.0 17/09/2013 Chris Gay Review of Constitution

5.0 2014 Chris Gay Contractor pre-approval, New Thresholds

Version 4.0 was approved under delegation by the Head of People, Law & Regulation on 17/09/2013.

4

2. 0 Standing Orders for Contracts: Context

Local Authorities are required by law to maintain proper arrangements for the administration of financial matters. The following Standing Orders for Contracts (SOC) apply to the procurement of all supplies, services and works, and the disposal of assets on behalf of Burnley Borough Council. They provide the framework, with associated relevant polices1, to enable the Council to conduct financial matters to the highest standards of probity in a clear, visible and transparent way and ensure the fair selection of suppliers. Equally important are the provisions of value for money through competition and the avoidance of practices which may restrict, prevent or distort competition. These Standing Orders facilitate delivery of value, competition and best practices. Everyone involved in procurement and contracting on behalf of the Council, regardless of value, is required to comply with these Standing Orders. This includes any partnership or grant funded arrangements for which the Council is the accountable or host body. Exceptions to these Standing Orders may be sought where expediency is required, for example in response to an emergency or due to the specialist nature of the supplies, services or works required. In such cases the use of ‘emergency powers’ as set out in the Council Constitution are to be followed. Where these Standing Orders refer to action being taken by a Committee or Sub-Committee such action may require confirmation by the Executive or the Council unless authority has been delegated to that Committee or Sub-Committee. The Council is committed to providing value for money in all it does; and recognises that this may involve following new and innovative ways of procurement. As such these standing orders will be kept under periodic review to ensure they remain fit for purpose and allow the flexibility to adopt new approaches. NOTE: The word ‘contract’ includes any binding arrangement whether documented in a formal contract, an accepted order, or in correspondence. It also normally includes binding arrangements made verbally, however these Standing Orders prohibit the making of a verbal contract with a value greater than £1,000.

1 Such policies will be clearly identified where relevant within SOC

5

2. 1 Contract Value Thresholds

Threshold Summary procurement

method

Go To:

Less than £1,000 Verbal agreement with written or electronic record; market testing undertaken appropriate to the need or value of the contract/ purchase

Page 11

Above £1,000 and Below £20,000

Market testing undertaken by the method deemed most appropriate by the relevant Head of Service (min 4 competitive quotes) or use available Framework

Page 11

Above £20,00 and Below £100,000

Between four and six competitive quotes obtained. Supplier can be drawn from Pre - Approved Suppliers or Open Tender or Framework

Page 12

Above £100,000 Executive authority required. Tenders invited, advertised in appropriate journals. Supplier can be drawn from Pre-Approved Suppliers or Open Tender or Framework

Page 13

2. 2 European Union: Public Procurement Thresholds

Contract Threshold For further Information go to:

Supplies*

£172,514 Official Journal of the European Union (OJEU)

Thresholds

See: ‘Other public sector contracting authorities’

* Thresholds from 1

st January 2014, check website for further updates:

web address on page 22, or click ‘Thresholds’ link above

Services*

£172,514

Works*

£4,322,012

As a Public Body the Council is required by law to comply with UK and EU procurement legislation. Standing Orders for Contracts identify these requirements and the subsequent actions needed as and when applicable. In all cases where purchase or contract values are above EU thresholds the subsequent procurement activity must follow the prescribed EU steps. Failure to comply with this may lead to a formal challenge of our procurement decisions

http://www.ojec.com/Threshholds.aspx

6

that could result in severe penalties, including financial, being awarded against the Council

2. 3 Contact Details for: Burnley Procurement Officer 01282 425011 Ex 3116 Standard tender documentation is available via the Procurement Officer. To prepare and publish an OJEU notice (see SOC 18i) the Council uses the ‘My Tenders’ website. For further details contact the Procurement Officer

http://www.mytenders.com/

http://www.mytenders.com/

7

3. 0 Standing Orders Applicable to all Contracts: General Matters The following Standing Orders apply to all contracts and sales agreements or purchase orders:

SOC 1. Compliance with Contract Policies

i. Officers dealing with procurement and contracting must do so in

accordance with Burnley Borough Council’s Finance Procedure Rules and Guidance issued by the Director of Resources for the operation of Procurement Systems, these Standing Orders for Contracts, the Corporate Procurement Strategy, UK Domestic Regulation and European Procurement Rules

ii. Unless specifically provided otherwise, they apply in the event of

the Council or delegated officer acting as agent for another local or public authority or company or organisation. They also apply where the Council acts as the Accountable Body under any partnership or external funding arrangements

iii. The Chief Executive, Directors and Heads of Service must ensure

that these Standing Orders are observed throughout the Service(s) under their control. They must ensure that appropriate staff are aware and comply with these requirements.

iv. That joint procurement contracts or purchasing frameworks

established through collaboration, or other similar arrangements, must be used when procuring supplies, services or works that are the subject of those arrangements

v. The potential for collaboration with other public bodies must be

considered when planning a procurement exercise or changes in service provision, including use of existing framework opportunities

vi. Once the need to procure supplies, services or works with a value

of £15,000 or above has been established, the Council’s Procurement Officer must be contacted to establish if collaborative opportunities or existing arrangements are available to avoid unnecessary cost, duplication and mobilisation

SOC 2. Value Added Tax

i. Amounts stated in these Standing Orders and within Tender

documentation exclude Vat Added Tax (VAT)

8

SOC 3. Estimate of Costs (Market Testing and Request For Quotation)

i. A genuine estimated cost of supplies, services, works or income

from sales should be obtained in line with the appropriate SOC thresholds prior to starting a procurement or contracting exercise

ii. To stimulate competition approved e-procurement platforms (Chest etc.) may be used to advertise requests for quotation (RFQ) for purchases with an estimated value above £1,000 and up to £15,000

iii. The RFQ must include a short written specification detailing the Council’s requirement; a clear pricing schedule and details of what other information is to be returned. It must set out the evaluation criteria to be used

iv. Subject to legislative compliance, the evaluation may include factors which demonstrably aim to achieve the delivery of value for money and provide opportunities for local business

v. In some cases trading concessions may not match SOC threshold

limits, in such cases consideration of value must be confirmed with the relevant Director

SOC 4. Land Transactions (EU Directives do not apply here)

i. Land transactions are to be dealt with as set out in the Scheme of

Delegation (Part 3 of the Council’s Constitution). Where tenders are invited SOC 18, 20 and 21 will apply where legally possible, save that the highest bid will be accepted by the Director Resources or officer with delegated authority

ii. The contract documentation in relation to land transactions shall be

in such form as the Head of People, Law and Regulation determines is sufficient to protect the Council’s interests

SOC 5. Disposal of Assets

i Assets with a collective value below £500 may be disposed of by any means determined by the relevant Head of Service

ii Assets valued at between £501 and up to £50,000 must be

disposed of by a method chosen by the Head of Service and a written justification of the choice retained

iii Assets valued over £50,001 including land and property must be

disposed of in accordance with SOC 4 and council Financial Procedure Rules

9

iv In any disposal of assets confirmation must be obtained that any personal data or information has been removed or destroyed in confirmation with the Records Management and Information Security Policies

v Written records must be maintained of all actions relating to the disposal of assets.

SOC 6. Splitting of Contracts

i. Contracts cannot be artificially split with a view to bringing their

value below any SOC threshold or Public Procurement (EU) threshold

ii. The principle of aggregation must be applied to arrive at a total

contract value in relation to meeting requirements within SOC and Public Procurement (EU) thresholds i.e. the total contract value is the sum of the annual values for the contracting period. So a five year contract term at an annual value of £12,000 per annual, has a £60,000 contract value etc.

SOC 7. Contracts to be in Writing and in Official Systems

i. All contracts over £1,000 shall be in writing in advance using

appropriate procedures (tender or purchase order). Contracts under £1,000 may be made verbally with a written record kept of the details of the contract

ii. Purchase orders must be raised on the Radius Purchasing system

for all supplies, services and works. Petty cash and p-cards may also be used up to their appropriate limits

iii. The officer should ensure that there are appropriate contract

arrangements in place prior to the supply of supplies, services or works

SOC 8. Capital Expenditure

i Once allocated, capital expenditure will be included in the Capital Budget for approval and release by the Council ii Finance Procedure Rules provide further guidance and details on the requirements for capital Expenditure

10

SOC 9. Conditions to be included in Contracts

i. Officers must seek guidance from the Council’s Legal Services

Department as to any conditions that may need to be incorporated into contracts

ii. All contacts must contain a clause on publication of payment and

confidentiality terms highlighting the implications of Freedom of Information requests and publication of public spending information

SOC 10. Sub-Contractors

i. Where a contractor permits a sub-contractor to be appointed the

contract shall ensure that the sub-contractor enters into a contract with the main contractor

ii. The contracting officer shall consider the requirement of the terms

of the sub contract indemnifying the contractor and the Council against any breach of their own obligations, after a risk assessment of the liability and the approval of the relevant Head of Service

iii. The term ‘Sub-Contractor’ shall include a contractor who is party to

a contract with the Council in respect of which an internal or external contractor acts as main contractor

iv. Tender responses received from a third party must be rejected i.e.

where a contractor or supplier has been invited to tender and they subsequently pass on the tender in order for a third party to respond

SOC 11. Contract Variations

i. All arrangements for variations to existing contracts shall be in writing

and signed by the relevant Head of Service or by another responsible Officer as he or she may determine

ii. Variations that would increase the contract cost in excess of an

additional £50,000 shall not be made without the authority of the Executive, appropriate Council Committee or Sub-Committee or by use of emergency powers as appropriate, and set out in the Council’s Constitution

SOC 12. Exceptions

i. Where the contract is of an estimated value up to and including

£100,000 exceptions can be made by the relevant Head of Service, with the approval of the Director of Resources or the Head of People, Law and Regulation. The reason for the exception and the approval

11

shall be recorded in writing and retained with the Council’s copy of the contract

ii. Where the contract is of an estimated value exceeding £100,000

exceptions from these Standing Orders can be made only by the Executive, the Council or the relevant Committee (determined by reference to Part 3 of the Constitution) and their reasons for making the exception shall be recorded in minutes

iii. For the avoidance of doubt the provisions elsewhere in the Council’s

Constitution concerning Executive decision making by Individual Members of the Executive shall also apply to this part

iv. Where expediency is required officer’s should consider if they can

comply with existing exceptions or if they need to invoke the use of emergency powers provided for in the Council’s Constitution

v. Any approval of the waiver of Standing Orders must be specific as to

which Standing Orders are being waived

vi. No exception can be made that would contravene any applicable UK or EU legislation

vii. Any contracts entered into through collaboration with other public

bodies, where a competitive process has been followed, that complies with the contract procedure rules of the leading organisation, will be deemed to comply with SOC (13 to 20 and 22) and no exemption is required

viii. Where the supplies, services or works to be procured are funded,

partially or fully, by an external funding body the Council may use pre-approved contractors not registered on Constructionline where the pre-approval process of the funding body has identified such contractors as meeting expected requirements of the funder and the Council; and where appropriate such requirements comply with EU legislation.

3. 1 For Contracts Less than £1,000

SOC 13. Letting Contracts less £1,000

i. Contracts or sales orders with a value below £1,000 may be made

verbally, with a written or electronic record being kept within an official system i.e. purchasing system or p-card

ii. Market testing may be carried out at the frequency and by the method

deemed most appropriate by the relevant Head of Service, where this is undertaken a record of the method used must be kept

12

3. 2 For Contracts between £1,000 and £20,000

SOC 14. Letting Contracts Between £1,000 and £20,000

i. For contracts above £1,001 and up to £20,000 the contracting officer must

ensure that market testing is carried out so that the Council attains value for money in procuring supplies, services and works

ii. Market testing should be carried out at the frequency and by the method

deemed most appropriate by the relevant Head of Service, a record of the method used must be made

iii. Recommended methods include:

Written competitive quotations, between four and six quotes or tenders should be invited where practicable

An approved e-tendering platform (Chest etc.) should be used to advertise requests for quotation (RFQ) or publish tenders for purchases with an estimated value above £1,000, and up to £20,000

iv. Pre-Approved contractors may be included in the market testing (see

Appendix A)

v. If other than the lowest quotation is accepted the contracting officer shall record the reason in writing and that record must be kept with the Council’s copy of the contract or purchase order

vi Subject to legislative compliance due consideration must be given to the appropriateness of local suppliers being provided with the opportunity to compete; using the principles of positive action (see Appendix A8).

3. 3 For Contracts Above £20,000 and Below £100,000

SOC 15. Letting contracts above £20,000 and below £100,000

i. The Council’s Procurement Officer should be consulted to ascertain if the

need can be met through existing collaborative procurement arrangements or if there is an opportunity for joint procurement (See SOC 1.v)

ii. Contracts estimated to be of a value above £20,000 and below £100,000 must not be let unless a reasonable number of written competitive quotations or tenders have been received, usually between four and six

iii. Quotes or tenders can be requested and obtained in writing or through an

approved e-tendering platform, and the preferred method will be determined by the relevant Head of Service

13

iv. Pre-Approved contractors may also be used (see appendix A) v. Quote or tender documentation must state:

A short specification detailing the Council's expectation and requirement

A clear pricing schedule and details of what other information is to be returned

The criteria which the Council will use to evaluate the quotations

Subject to legislative compliance, factors which demonstrably aim to provide value for money and opportunities for local business to compete

The last date and time by which the quotation should be returned

The name of the officer to whom they should be returned

Written quotations must be returned in plain sealed envelopes which besides the addressee details, should bear only the word ‘Quotation or Tender’ and the subject to which it relates

All electronic quotations must be submitted through an approved e-tendering platform

SOC 16. Receipt of Quotations: contracts above £20,000 and below

£100,000

i. No written quotations or tenders shall be considered unless contained in an envelope marked with the words ‘quotation/ tender’ that are received within the specified time

ii. Appropriate arrangements must be made to ensure quotations and

tenders are kept secure until opening

iii. All written quotations or tenders must be opened by the Head of Service (or authorised officer) and witnessed by an officer other than the contracting officer

iv. Electronic quotations or tenders should be submitted through an approved

e-tendering platform; these will be into a secure designated e-mail address which will be accessible, at the designated opening time, only by the relevant Head of Service or authorised officer

v. Once the submission deadline has passed a summary of quotations and

tenders received shall immediately be recorded and initialled by officers present

vi. If any quotation or tender other than the lowest is accepted the reasons for

doing so shall be recorded by the person with authority to accept, and details should remain available for inspection for the life of the contract or a period of six years, whichever the longer

vii. An appropriate contract will be formed either by using the Council procurement system to place an order or other appropriate methods to

14

form a contract with the required terms; refer to Legal Services for further advice

3. 4 For Contracts Above £100,000

SOC 17. Authorisation of Contracts Above £100,000

i. No tenders for:

Carrying out work

Sale or supply of goods or materials

Sale or supply of services

Disposals of any interest in land or property, (as set out in part 3 of the Constitution) subject to the application of the scheme of delegation

with an estimated cost in excess of £100,000 shall be sought except by authority of the Executive (or Committee, Sub-Committee or Council if appropriate)

ii. The Executive or delegated officer has the power to accept a tender or

quotation in accordance with these Standing Orders. Unless specified otherwise the default position is that the Executive accepts the tender. This is acceptance prior and subject to the formation of a formal contract

SOC 18. Contracts above £100,000 require Public Notices

i. No contract which exceeds an estimated £100,000 in value shall be

entered into unless public notice has been given. This can be achieved through:

A notice in one or more newspapers circulating in the district OR an e-procurement platform OR

On the Council’s website OR

In the Journal of the European Union (OJEU) if the contract value exceed EU thresholds OR

In a relevant journal where the Head of Service deems it appropriate

ii. The notice shall invite tenders and shall state the last date and time for

receipt of tenders (not normally less than fourteen days from the date of publication, and longer if notice in OJEU is required)

iii. The notice shall state that no tender will be considered unless it is in a plain sealed envelope or parcel addressed to the Head of the Chief Executive’s Office and bearing the words ‘Tender for [name of tender] ‘ with no other identifying mark OR that it is submitted and received within the appropriate time scales through an approved e-tendering platform

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iv. Where sufficient Pre-Approved contractors exist they can be invited to participate without the need for public advertisement only when the contract value does not exceed OJEU thresholds

v. Where a contract value exceeds £100,000 or OJEU thresholds the

Council may enter into an existing Framework Agreement, for example a GPS2 Framework, without giving public notice or advertising in the Journal of the European Union providing that the Framework Agreement has been set up under the appropriate European Directives

SOC 19. Contract Conditions for Contracts above £100,000

i. Every contract exceeding the value of £100,000 must state:

The work to be done or the services to be provided and/ or the materials to be supplied

The price and any discounts

The time within which the contract is to be carried out

That the contractor will pay liquidated damages, estimated by the technical advisor in conjunction with a procedure agreed with Internal Audit, where the contractor fails to meet the terms of the contract

ii. That if the contract is not carried out properly or the time limit is not

met, the Council can:

Cancel all or part of the contract

Complete the contract

Recover from the contractor any additional costs in completing the contract

Take other legal action against the contractor

iii. In every formal contract for the execution of work or provision of supplies and services, the following clauses or a clause to similar effect

shall be inserted:

Every contract must state that all supplies, services or works must comply with any relevant British Standards, British Code of Practice or European equivalent in force at the date of tender

Every contract must state that the Council can cancel the contract and recover any resulting losses if the contractor or their employees or agents, with or without his/ her knowledge:

a) Does anything improper to influence the Council to give

them the contract OR b) Commits an offence under the Bribery Act 2010 or under

Section 117(2) of the Local Government Act 1972 and amendments or successor Acts

2 Government Procurement Service (Crown Commercial Service)

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iv. Where there are existing forms of contract available the contracting

officer should consider their use, subject to meeting the above minimum requirements

v. The Head of Service or delegated officer will determine, through

assessing the risks relevant to the contract, if a Performance Bond is required, and the value and conditions to be met by such a Bond (see Financial Procedure Rules)

SOC 20. Receipt of Tender for Contracts above £100,000

i. No tender above £100,000 shall be considered unless it is contained in

an envelope or parcel and is received physically in the Head of the Chief Executive’s Office OR received securely through an approved e-procurement platform, as is described in Standing Order 16 iv, within the time specified in the public notice

ii. All such tenders, however received, shall remain in the custody of the

Head of the Chief Executive’s Office until the time appointed for their opening

iii. All tenders shall be opened at the appointed time by a member of the

Democracy Team, or appropriate CEO staff

iv. Where a tender invitation provides for e-tendering, submissions will be accessible only by the Head of the Chief Executive’s Office or person designated by that post holder. Tenders submitted in this way will be opened at the designated time as prescribed in iii above

v. For both paper and electronic tenders received a proforma should be

completed identifying the tender name, tendering body and price offered. This record should be signed by those officers present identifying their official capacity. This register will be maintained by the Head of the Chief Executive’s Office

vi. The tender shall be passed to the relevant Head of Service or such

other officer they may determine for evaluation and/ or the required pre-contract checks

vii. No person shall make public the contents of the tenders until such time

as the contract has been let. This shall not prevent the relevant Head of Service and Executive or Committee from seeking such legal, financial or technical advice on any tender, as they require for evaluation purposes

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SOC 21. Signing and Sealing of contracts

i. Contracts over an estimated value of £100,000 shall be submitted to

the Head of People, Law and Regulation or Director of Resources for approval and signature. They shall be accompanied by a certificate signed by the relevant Head of Service or such other senior officer as they may determine, stating that there is budget provision for the expenditure and that Standing Orders and appropriate Public Procurement Regulations have been complied with

ii. Such contracts may be sealed where the Head of People, Law and

Regulation considers it appropriate. The seal will be attached by any two of the Council’s solicitors, or by one of them and either the Director of Resources, Chief Executive or Head of the Chief Executive’s Office

iii. The appropriate officer is responsible for ensuring that a signed

contract or other appropriate contact arrangements are in place in advance of the supply of goods, services or works. Refer to Legal Services for further advice

SOC 22. Acceptance of Tenders - Contracts above £100,000

i. If power to accept the tender was not delegated to an officer, the

checked tenders shall be submitted to the Executive, Council or relevant Committee for evaluation and selection of the winning tender/ contractor

ii. If the Executive, Council or Committee selects other than the lowest

tender its reasons shall be recorded in the minutes

iii. If power to accept the tender was delegated to an officer, that officer shall select a tender after evaluation. If he or she selects other than the lowest tender that fact and the reasons for it shall be reported to the next meeting of the Executive, Council or relevant Committee and recorded in its minutes

SOC 23. Contract Register and Data Transparency

i. Details for all contracts above £100,000 should be maintained centrally

by the Chief Executive’s Office

ii. Details of all contracts and expenditure above the limit defined in the Council’s policy on Data Transparency should be available for publication as set out in the policy

iii. The contract officer is responsible for informing the Chief Executive’s

Office of the details of the contract as required under the requirements on Data Transparency

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Appendix A

The Tender Process: Guidance

1. Invitation of Tenders: Steps to Follow The following sections identify steps that can be undertaken to invite a tender or quote, in all cases SOC must be followed. Tenders may be adopted through, but are not limited to, one of the following approaches:

Pre-Approved Contractor

Open Tender

2. Pre-Approved Contractor (supplier) 2a The Council can select pre-approved contractors to be invited to tender or quote for supplies, goods or services as follows:

i. A list of approved contractors must be drawn up using companies registered with Construcionline http://www.constructionline.co.uk

ii. Companies selected must hold a current Constructionline registration and all appropriate health and safety accreditations

iii. Where a contract is ABOVE the EU procurement threshold pre-

approved contractors maybe invited to tender BUT the appropriate OJEU notice must also be issued to enable the appropriate competition

iv. Where a contract is BELOW the EU procurement threshold at least

four to six contractors who are pre-approved to carry out contracts of the same type and up to the value for the contract which the Council proposes to enter into shall be invited to tender

v. Where the supplies, services or works to be procured are funded,

partially or fully, by an external funding body the Council may use pre-approved contractors not registered on Constructionline where the pre-approval process of the funding body has identified such contractors as meeting expected requirements of the funder and the Council; and where appropriate such requirements comply with EU legislation

N.B. The Council will actively promote Constructionline to contractors and suppliers as the contractor pre-approval route for Council opportunities. 2a. When selecting pre-approved contractors invitations must be sent to:

i. Those contractors, meeting criteria 2 ii & 2 iii above, selected to participate in the given opportunity

http://www.constructionline.co.uk/static/

http://www.constructionline.co.uk/static/

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ii. If less than three contractors are identified as being pre-approved for the given opportunity then alternative tender procedures as prescribed within SOC should be considered

3 Absence of Pre-Approved Contractor (supplier)

3a. Where there are no registered contractors for a particular category of supplies, services or works on Constructionline then a Select List may be drawn up. However, the Open Tender route should be considered first. Where a Select List is to be drawn up:

i. The method used should be through a pre-qualification questionnaire (PQQ)

ii. Clear criteria must be used for including or removing a contractor from a Select List. Criteria must be relevant to the particular contract and be appropriate to Council priorities i.e. organisational mandatory and non-mandatory questions, financial and technical due diligence etc.

iii. Only those contractors meeting the requirements of the PQQ may be

included to a Select List. In all cases there must be compliance to appropriate UK and EU legislation.

iv. Expression of interest in being included on a Select List must be

advertised either through an approved e-procurement platform, Council Website, appropriate local newspaper or commercial journal or if appropriate OJEU

v. Only those responses that meet the PQQ criteria can be included on a Select List

4. Open Tender

The following requirements apply where tenders are sought by open competition (open tender). The advertisement for the tender opportunity must be published appropriate to the contract value as described in SOC. The advertisement must:

i. Invite tenders to be submitted

ii. State the nature and purpose of the contract

iii. State where further details may be obtained

iv. State the date and time by which tenders must be received. This must be at least 14 days after the publication of the advertisement. For tenders with an estimated cost above OJEU thresholds this date must be in accordance with EU procurement rules

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5. Submission of Tenders: Steps to Follow

Invitations to tender must state that no tender will be received unless it is enclosed in a plain addressed sealed envelope. The envelope must bear the word ‘Tender for [name of tender]’. The envelope must not bear any numbers or markings that would identify the sender.

i. All tender envelopes received will be marked with the time and date of receipt and kept securely until they are opened

ii. Tenders received through e-tendering will be automatically time and

date ‘stamped’ when received, and will only be made available by the system for opening at the appointed time

iii. Any and all tenders received after the time and date specified will be

classed as a late tender, and should not be opened as part of the tender opening process or considered as part of the tendering process

iv. Late tenders should be opened independently so that appropriate

steps may be taken to return tenders to the sender

v. A record must be kept of actions taken to return tenders and this must be retained with the original tender envelope for two years after the end of the contract period

vi. All envelopes received should be retained with the tender details

6. Opening and Acceptance of Tenders

i. Tenders must be opened only by those officers or members authorised to do so, and who are not the contracting officers of the tender in question

ii. All tenders, which are received, must be recorded on a proforma that

identifies tender name, tendering body and price (see 20 v)

iii. Contracts may be awarded on the basis of price alone or on the basis of price and/ or other criteria, usually quality. If a contract is to be awarded solely on the basis of price then the tender accepted must be the lowest price OR the highest if payment is to be made to the Council

iv. This general rule does not apply if the Executive has received a report

from the appropriate officer recommending approval to the acceptance of a different tender where applicable and not in contravention of appropriate UK and EU legislation

v. In some cases the lowest priced tender might not be the most

acceptable to the Council because of other factors. An evaluation of

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additional criteria considered must be provided to either the responsible officer, the Executive or the Council. In such cases it is recommended that the principle of ‘most economically advantageous’ tender (MEAT) is considered

vi. Where price is not the only consideration details of the evaluation used

must be lodged with Head of Chief Executives Office

vii. Tender sums, rates etc cannot be altered after receipt or during the evaluation process, unless all tenderers have been asked to reconsider and resubmit their tenders. Such action can only be taken with the prior agreement of the Head of Service. Where resubmission is sought, the rules covering the receipt of tenders will apply, this must be applied equally to all bidders as appropriate

viii. Where a successful tender is subsequently found to be erroneous the

supplier must accept the consequences of their error and honour the tender or withdraw from the tender process. Based upon the selection criteria the next nearest competitive tender would be acceptable. Withdrawal from the tendering process is not possible once the contract has been accepted by the Council

ix. The power to accept a tender rests with the Executive, Council or

Scrutiny Committee, unless this has been delegated to an Executive Member, Head of Service or Officer. Without this delegation no tender can be accepted without an appropriate committee report being prepared, considered, approved and recorded in minutes

7. Nominated Sub-Contractors and Suppliers

i. These rules apply where the Council has the power to nominate a sub-

contractor or supplier to a main contractor

ii. Tenders shall be invited for the nomination unless the contracting officer records why it is not reasonably practicable to obtain competitive tenders and the estimated value of the contract is below £100,000

iii. If tenders are invited one of the procedures set out in A2 or A3 above

must be followed and rules covering receipt of tenders will apply 8. Principles of Positive Action in Providing Opportunities for Local Suppliers To support the raising of awareness of Council purchasing procedures and provide opportunity for local suppliers to bid for work, contracting officers should:

i. Have knowledge of the local market place for procurement

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ii. Make local suppliers aware of Council procurement procedures and

contract opportunities

iii. Suppliers/ bidders shall not be restricted by reference, in tender or quotation documentation, to geographical location

iv. Evaluation must not be weighted in such a way as to give unfair

advantage to local suppliers

v. Officers cannot discriminate, but should ensure that they have taken reasonable steps to consider the local market place when procuring as well as the most economically advantageous tender

________________________________________________________________ Reference: My Tenders ‘Thresholds’ Web Site: http://www.mytenders.org/default.aspx Government Commercial Services Framework Listing: http://ccs.cabinetoffice.gov.uk/i-am-buyer/find-a-product-or-service/framework-summary-list

http://www.mytenders.org/default.aspx

Strategic Plan Progress Reports

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M 6

BURNLEY BOROUGH COUNCIL REPORT TO THE FULL COUNCIL

Internal link to previous report

PORTFOLIO: LEADER

EXECUTIVE MEMBER: COUNCILLOR JULIE COOPER DATE OF REPORT: 10/04/2014 Progress on Strategic Objectives

PE1 Strong visible leadership for the Council and the Borough

Action Progress

PE1a- Work with partners to ensure the delivery of the Borough’s Community Strategy.

My fellow Executive Members will provide further details on the Council’s current contribution to partnership work in the borough, including an update on community safety partnership matters, and our work with the private sector on economic development projects.

PE1b- Ensure the Council plays a major role in Pennine Lancashire Leaders and Chief Executives group (PLLACE), and in the Lancashire Leaders East Group.

PLLACE is currently working on the Lancashire Growth Deal with the Local Enterprise Partnership.

PE2 Developing opportunities and sustaining ambition of local residents

Action Progress

PE2a- Improve educational attainment in the Borough by working closely with the Education Trust and its partners and further develop Burnley as a Centre of Education Excellence

The Trust has recently reviewed its governance arrangements to ensure that all schools are engaged effectively by the Trust. Work is being done on communicating Trust activity more effectively and supporting schools to “market” the education offer in Burnley. It is also intended to review the operation of the Trust in the medium term.

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PE4 Improved health standards

Action Progress

PE4a- Work with partners on the East Lancashire Clinical Commissioning Group, the Lancashire Health and Well-being Board and East Lancashire Health and Well-being Partnership to improve the health and well-being of residents.

The Member Health Working Group recently went on a tour of the new Urgent Care Centre. We have been working with the Clinical Commissioning Group (CCG) to ensure that residents are fully aware of the services available at the Centre to ensure that they access the right service at the right time. An example of this was the inclusion of an article in the recent Council newsletter, “The Burnley Connection”.

PE4b – Implement a range of Council led initiatives to improve the health and well-being of residents.

Officers have continued to work with East Lancashire CCG to develop an East Lancashire Programme to reduce the waiting times for Disabled Facility Grant applications. A programme has now commenced to deal with the 100 non urgent applications that are outstanding in the Borough. The urgent applications will continue to be dealt with directly through the Council’s existing Disabled Facility Grant programme.

PR1 Developing a diverse business base with an entrepreneurial culture

Action Progress

PR1a- Contribute to the strategic direction of the Lancashire Local Enterprise Partnership, playing a full part in developing and implementing the Local Growth Deal.

The draft Strategic Economic Plan (SEP) and Growth Deal was signed off in principle at the LEP meeting on 26th March, 2014. Further detailed work is required prior to submission on 1st April, 2014. Negotiations will then take place with Government officials. It is expected that decisions will be “signed off” by the Prime Minister, Chancellor, Deputy Prime Minister and Chief Economic Secretary by mid-July 2014.

PF2 Review service delivery

Action Progress

PF1a- Aim to achieve a further 10% of savings in senior management costs by the end of 2014/15

Proposals will be considered by the Executive at its meeting later this month.

PF2g- Overall workforce reductions in line with workforce planning review. This will include a review of the democracy functions of the Council.

Workforce reductions to balance the 2014/15 budget are now in place and a review of scrutiny arrangements has been undertaken through Member Structures Working Party.

PF2h- Make the case and lobby for re-organisation of local government in Pennine Lancashire. The Council will press for the merger of functions, including political and management structures.

The Government has given notice of a further round of the Transformational Challenge Award grant scheme. The deadline for 2014/15 bids is in July. I will again raise this with my colleagues

in Pennine Lancashire to ask them to join Burnley in bidding for funding to carry out an initial assessment of options.



PORTFOLIO: DEPUTY LEADER/RESOURCES AND PERFORMANCE MANAGEMENT

EXECUTIVE MEMBER: COUNCILLOR MARK TOWNSEND DATE OF REPORT: 10/04/2014 Progress on Strategic Objectives

PF1 Improved Value for Money

Action Progress

PF1b- Maintain an up to date Medium Term Financial Strategy to ensure that future reductions in funding levels are anticipated and factored into budget setting.

The latest Medium-Term Financial Strategy was approved at February Budget Council. A report outlining how the Council will develop proposals to ensure a balanced budget from 2015/16 is to be considered by the Executive on 15th April 2014. Arrangements to implement savings approved as part of the budget 2014/15 are well in hand, including the delivery of savings associated with the creation of a Leisure Trust from 1st April 2014. An updated Efficiency Savings Grant (ESG) Action Plan was submitted to Government on 21st March 2014. This shows that we have overachieved against our 2013/14 target savings by £58k, target of £1.341m and we are on track to achieve the savings put forward for 2014/15.

PF2 Review service delivery

Action Progress

PF2b – Implement transformational change to deliver medium-term financial savings

A report to be considered by the Executive on 15th April 2014, describes the arrangements that will be put in place over the next 12-18 months to ensure the sustainability of the Council. This includes the creation of a Change Board to undertake service transformation and


reconfiguration.

PF2c- Monitor impact of key changes to Council Tax Benefit and Housing Benefit to ensure a continuing good quality service for Burnley residents

There are 30 households subject to the benefit cap. The amount weekly benefit has been capped ranges from £13-£138. 6 households have been capped over £100. All 30 households have been contacted directly to offer face to face advice, signposting and to raise awareness of Discretionary Housing Payments (DHPs). To date, 10 households have been awarded additional DHPs to help minimise the impact of the cap.

PF2d- Deliver the Council’s Organisational Development (OD) Strategy.

The OD Strategy was reviewed and updated at 13th December 2013 Executive. The Team Burnley Board, led by Mick Cartledge, is now overseeing and monitoring the new OD Action Plan. The OD Strategy will also provide a firm foundation on which to develop the transformational change programme in terms of engagement with Staff.

PF2e- Deliver efficiencies through better use of Information Technology.

The VDI (Virtual Desk Top Infrastructure) roll out has commenced. By the end of March officers in both the Town Hall and Mechanics will have migrated to the new solution, as well as upgraded to Windows 7. Some of the benefits of moving to VDI include increased mobile and flexible working, improved connectivity and desktop recovery.

PF2f- Rationalise contracts for supplies and services and consolidate procurement function.

Office consumable supplies (stationery, paper, printer cartridges, etc.) will be consolidated from 3 suppliers into 1 for the Town Hall from April; these arrangements will roll out to other Council locations. Established framework contracts will continue to be used to access goods and services; removing the need to undertake costly/ time consuming tender exercises. The use of an existing framework for bailiff services is currently being progressed.



PORTFOLIO: HOUSING AND ENVIRONMENT EXECUTIVE MEMBER: COUNCILLOR HOWARD BAKER DATE OF REPORT: 10/04/2014!Syntax Error, [ Progress on Strategic Objectives

PE3 Ensuring services to vulnerable groups are protected wherever possible

Action Progress

PE3a- Proactively work with residents vulnerable to losing their home through preventative strategies

In the first two months of the year the Council provided housing advice to 211 households with 26 households undergoing a full homelessness assessment. In these cases the Council investigated the household’s circumstances and issued a formal decision setting out the conclusion of the investigation and the level of duty owed to the applicant. From the 26 assessments 5 households where given a full housing duty. The Council also prevented 23 households from becoming homeless. We are continuing to implement the Prevention of Homelessness Strategy 2013 – 2018 action plan to ensure we work effectively with our partners and maximise our ability to prevent homelessness.

PE3b- Ensure quality housing and services are available to vulnerable, elderly and disabled residents, aiming to assist independent living in decent housing across all sectors.

The Disabled Facilities Grant (DFG) budget of £1,050,000 is 96% committed with 179 grants approved to date. 138 of these have been completed and the remainder are currently on site. There are significant changes underway in the national


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arrangements for DFG’s. An Action Plan for implementing the new Better Care Fund which includes DFG funding from 2015 has been developed and is being actioned by the County Council, Lancashire’s District Councils and Clinical Commissioning Groups. The Emergency Works budget is fully committed and has assisted 27 residents with serious disrepair issues in their homes.

PL1 Making the Borough Cleaner

Action Progress

PR3a – Complete land assembly programme and facilitate redevelopment of key priority neighbourhoods.

Strong progress continues in the three housing regeneration neighbourhoods. The land assembly programme is progressing well with Compulsory Purchase Orders confirmed in South West Burnley and Daneshouse. As a consequence of these approvals the Council are now able to deliver the final programme of demolitions to remove the last remaining properties and complete the land assembly process. Contractors are currently on site in South West Burnley. A second and final CPO for Burnley Wood was made in January and has recently been confirmed by the Government.

PL2 Making the Borough Safer

Action Progress

PL2b- Improve condition and management systems across the private rented sector, including the re-designation of the Trinity landlord licensing area and consider expanding licensing into Gannow and Queensgate

The consultation exercise for Queensgate and Gannow ended on the 5th January 2014. The results have been analysed and a report is to be presented to the Council’s executive on the 15th of April 2014 for a decision on whether to designate selective licensing areas for these parts of the borough. The Selective Licensing area in Trinity commenced on the 15th January 2014 and application packs have been sent to landlords to re-apply for a licence. Applications are being received and processed. The work to monitor the Trinity selective licensing area has commenced and the joint surgeries with the police are being held

weekly. Meetings with the police have been held to address serious Anti-Social Behaviour cases, and to date there have been 4 meetings with landlords to tackle serious issues. A newsletter is being prepared to inform both landlords and residents about the scheme, and update them on current issues in the area. This will be circulated early April. Since the start of April 2013, the Council has dealt with 300 new disrepair complaints from private rented tenants. In the same time period we have resolved and closed 321 disrepair cases. A Rogue Landlord Officer is now in post and is pro-actively inspecting private rented sector properties across the borough.

PL3 Making the Borough Greener

Action Progress

PL3a - Improve energy efficiency, reduce fuel poverty and help tackle climate change.

The energy efficiency project has assisted 180 residents to install energy efficient boilers and heating systems so far this year.

PR3 Establishing Burnley as an attractive place to live, work and learn

Action Progress

PR3g - Start work on a disposal programme that over a three year period should both deliver much needed higher value housing in the Borough but also contribute receipts to the Council’s budget. This will include the on-going disposal of our clearance sites in the Borough to the private sector

The first two sites in the programme will be on the market by the summer. The rest of the programme are in varying stages of pre development work needed before marketing can commence.

PR3h – Implement the Empty Homes Programme

To date we have approved 45 loans to owners of empty properties with several already complete and several more progressing through the approval process. We have purchased 37 empty homes, either by agreement or Compulsory Purchase Order (CPO). We have a further 3 properties currently with the legal team and a further 12 CPOs underway. Of these we have completed 17 renovations with 8 underway and more planned to start soon.

We are in the process of signing people up for a planned painting scheme on Brennand Street and have completed 3 alley gating schemes in the Trinity and Brennand Street areas. 4 properties have been sold or are in the process of being sold. A further 5 properties will be rented out by Calico who will then manage them on behalf of the Council on a 5 year lease. More properties have been identified for the lease option and are in the process of being renovated.



PORTFOLIO: LEISURE AND CULTURE

EXECUTIVE MEMBER: COUNCILLOR JOHN HARBOUR DATE OF REPORT: 10/04/2014 Progress on Strategic Objectives

PE3 Ensuring Services to vulnerable groups are protected wherever possible

Action Progress

PE3c- Implement the Children and Young People's Plan for Burnley

The Children’s Trust recently reviewed the status of its action plan. Highlights include:

Successful promotion of free places for eligible 2 year olds at nursery, which has significantly increased up take in the borough.

Increasing the level of awareness amongst frontline staff of the hidden harm of drug and alcohol abuse on children, and the services available to support them.

Organising events for parents in schools to engage them on sexual health issues affecting their children.

Summer fun brochure published and widely distributed to help families find fun and health ways to spend in the summer holidays.

Partnership approach to truancy sweeps successfully established. The last sweep was undertaken in March.





PE4 Improved health standards

Action Progress

PE4c- Work in partnership with new leisure trust and continue to develop the leisure and cultural offer of Burnley including the development of the Prairie Sports Complex.

I am pleased to report that the agreements and leases for establishing the new leisure trust (Burnley Leisure) were signed on 25 March 2014. Staff across many different parts of the Council have worked together to deliver this project and I will continue to meet with the Chair and Chief Executive of the Trust to review progress and work in partnership to further develop the leisure and cultural offer in the Borough. The Invitation to Tender for the contract for development of the Prairie Complex has been issued to the 5 shortlisted companies. In addition work on the 3G pitches is already well under way and is due to be completed by the end of May 2014. Burnley Leisure will operate the boathouse in Thompson Park from the Easter. They will be providing both water-based activities and running the café as part of the Active Streets programme, which responded to Sport England. I can confirm that the Department for Communities and Local Government have finally announced that they will fund an Arts Initiative programme in Burnley, alongside Arts Council England, which will bring in £80,000 per year for the next two years. The project will be called ‘Home’ and further details will be announced. Funding has been confirmed from Lancashire County Council, which will allow us to develop the offer for Older People in the Borough. The new post within Burnley Leisure will develop the existing Luncheon Clubs, explore the opportunities for new activities and clubs, as well as develop a co-ordinated offer at the Leisure facilities.

PL3 Making the Borough Greener

Action Progress

PL3b –Adopt and implement the Borough’s Green Space Strategy

Work is getting underway on the Playing Pitch Strategy which will be developed in accordance

with Sport England’s new guidance. A meeting with Sport England, representatives of sport national governing bodies and with neighbouring councils of Rossendale, Hyndburn and Ribble Valley agreed that the four authorities will work jointly on key stages of the strategy. Joint working will ensure significant assistance from Sport England and the governing bodies and ensure that the final strategies produced by each authority carry the full support of these organisations. The Councils have been advised that the full strategy will take 12 months to complete.

PL3c– In partnership with other agencies, implement the Brun Valley Forest Park scheme

The new footpath routes are complete and the contract to install the new footbridge over the river Brun is underway, with installation of the bridge expected to be complete by late April. Signage, information boards and leaflets to promote Brun Valley Forest Park to the public are currently being designed however a public launch of the completed routes is awaiting some further remedial work by Lancashire County Council on the site of the former landfill site and the public launch is expected to take place in autumn

PF2 Review Service Delivery

Action Progress

PF2a- Implement and further develop the Pennine Lancashire Shared Museums Project

Work on the current Arts Council Strategic Fund Grant is progressing and a marketing and promotion campaign is being planned for Easter. Pennine Lancashire Museums has been awarded a further grant of £75,000 from Arts Council to develop key areas of joint activity among the nine museums including; promoting the museums for group and coach visits, improving social media marketing, training for front of house staff, etc. PLM has submitted £1.7 million, 3-year funding application to the Major Partner Museums programme, which if successful will see significant investment across all venues in a range of activities including energy saving and other cost reductions, developing new sources of

income, staff and volunteer development and investment to improve the management and promotion of the museums unique collections.



PORTFOLIO: COMMUNITY SERVICES

EXECUTIVE MEMBER: COUNCILLOR TONY HARRISON DATE OF REPORT: 10/04/2014 Progress on Strategic Objectives

1. PL1 Making the Borough Cleaner

Action Progress

PL1a – Maintain a high standard of Street Cleansing, Refuse Collection and Recycling service. We will undertake targeted clean up where appropriate and continue to take robust enforcement action.

The Council continues to take a zero tolerance approach to dog fouling. Since 1st April 2013 – 17th March 2014, 201 Fixed Penalty Notices have been issued across the borough. Over the same period over 65 dog fouling cases have been taken to court with successful outcomes against dog owners that do not act responsibly.

PL1b – Re-tender the Cleansing, Refuse and Recycling contract, and achieve savings in purchase of vehicles.

The issuing of the Invitation to Tender to the seven shortlisted companies has been delayed to enable Officers to assess the impact of Lancashire County Council‟s recent decision to cease Cost Share Payments at the end of the current Agreement in 2018. Cost Share provides the Council with an annual revenue contribution towards the provision of its re-cycling collection service across the borough. It is envisaged that the Invitation to Tender is now issued in May 2014, but this will not affect the overall end date of the procurement timetable.


PL2 Making the Borough Safer

Action Progress

PL2a - Work with our partners in the Community Safety Partnership and the Police and Crime Commissioner to deliver the strategic priorities identified in the Strategic Assessment.

All crime in Burnley has seen an overall decrease of -4.2% Year to date which equates to 309 less victims in the borough, continuing the positive downward trend. Specific reductions have been achieved across a number of areas, including serious acquisitive crime (-5.3%) and criminal damage (-5.9%) There has been a strong downward trend in anti-social behaviour, with the number of reports reduced by 12% as a comparator to the same time period last year, it is predicted that a year-end reduction of 12.5% will be achieved. The reductions recorded are evidence of the strong partnership arrangements in place to respond positively and collaboratively in tackling crime and supporting residents. The Council remain a key partner at the monthly Multi Agency Tasking and Coordinating meeting (MATAC) that identifies and responds to local community safety priorities. A series of events have been undertaken including the marking of pedal cycles to deter theft and there will be some targeted multi agency work focused on anti-social behaviour and secondary fires. In addition work is planned as a pre cursor to reports of motor cycle nuisance increasing during the lighter and warmer nights.

PE2 Developing opportunities and sustaining ambition of local residents

Action Progress

PE2b- Communicate our work and policies, and run effective community engagement activities, to deliver the Council‟s strategy and services. These activities are to combine high profile borough wide events with neighbourhood engagement and particular initiatives to engage different groups of residents.

The annual Council publication “The Burnley Connection” has been delivered to all households. This promotes key Council activities and priorities and this issue also included offer vouchers to promote Burnley Leisure. Readers were encouraged to look at the Council website for up to date information, and to sign up to “Your Burnley” to use more online transactions with the Council. Recent neighbourhood activities have included

„out and about‟ surgeries by the Council Leader in South West Burnley and Padiham, and consultation meetings on the Local Plan.

PR3 Establishing Burnley as an attractive place to live, work and learn

Action Progress

PR3b – Work with Lancashire County Council to ensure public realm priorities are shared and delivered. This will include improvements to the pedestrianised area of Burnley town centre.

Discussions continue with County Council colleagues to deliver the scheme in 2015. During 2014 scheme design works will be undertaken in preparation for scheme implementation.



PORTFOLIO: REGENERATION AND ECONOMIC DEVELOPMENT

EXECUTIVE MEMBER: COUNCILLOR SHAH HUSSAIN DATE OF REPORT: 10/04/2014 Progress on Strategic Objectives

PR1 Developing a diverse business base with an entrepreneurial culture

Action Progress

PR1b- Support the development of the Burnley Bridge Business Park

The official opening of Burnley Bridge took

place on the 27th of February; the new

development was formally opened by the Rt

Hon Dr Vince Cable, Secretary of State for

Business Innovation & Skills. The 70 acre

site is one of the largest developments along

the M65 Corridor and it is anticipated to

create over 1,400 jobs in the area. Currently

the Business Support Team are in

discussion with individual companies who

are considering relocation and are also

assisting with their potential investment

requirements.

PR1c- Proactively support the Borough’s key growth businesses and deliver the council’s Business Growth Programme.

The Council’s Business Support Team is

currently working with 49 companies who

are looking to relocate into the Borough or

move within. The enquiries include a range

of office and industrial requirements ranging

from 500 sq.ft to 75,000 sq.ft. Of these 49

enquiries, 6 are at an advanced stage with

relocation likely to be secured in 2014. The


enquiries are from a range of sectors

including Advanced Manufacturing,

Aerospace, Creative & Digital, Service

Industry and Telecoms.

The revised projected spend for the first year of the programme is £87,800 and payments are currently being processed for this to be achieved. In the first year of the programme a total of 7 companies have been supported either through financial assistance or through receiving support via specialist business advice. Between them the businesses are looking to create the equivalent of 50 new jobs. Looking forward to year 2 of the programme there are currently 8 companies in the pipeline where schemes are currently being worked up.

PR2: Establishing Burnley as a key retail and service centre in Pennine Lancashire

Action Progress

PR2a- Deliver a quality Town Centre Management service in both Burnley and Padiham

Charter Walk’s refurbishment continues to progress well and River Island is expected to reopen in its new store very soon. The European Gift Market visits again 8th to 12th April.

PR2b Review of Burnley Markets The draft Consultant’s report has been received and is currently being considered, prior to finalisation in the next few weeks.

PR3: Establishing Burnley as an attractive place to live, work and learn

Action Progress

PR3c- The Weavers Triangle Phase 1 and 2 regeneration programme underway in partnership with Barnfield Investment Properties

The refurbishment of Sandygate Mill is almost complete, and the Prince’s Trust will move into the building later in the spring. A programme of highway improvement works is to start in the next few weeks. The first phase will involve the installation of traffic signals at the Barracks roundabout – Junction 10 of the M65. Site preparation work is now under way for the new Sandygate Square, with the redesigned new footbridge due to be installed in July. Major repair work to the canal wall and embankment behind the former Dexter Paints site is underway and

this package of work to the ‘On the Banks’ Phase 3 site has been expanded to include major repairs to the former Habergham Eaves School building at the Sandygate/Trafalgar Street junction.

PR3d- Work with partners to improve the borough’s rail infrastructure and services

The current re-development of Manchester Road Station will be completed shortly and will open to the public once services resume following the completion of works to Holme Tunnel. The new track on the rail link to Manchester has been installed together with new signalling and a new footbridge west of Todmorden Station. The Council and County Council continue to work closely with the Department for Transport and the train operator Northern Rail to ensure that the new train service will commence in December 2014.

PR3e- Work with partners to improve the borough’s road network, including the M65 and its junctions, and access to the Town Centre and business sites.

As noted above work is due to commence in the next months to signalise the southern roundabout at the M65 Gannow junction. This should have a major beneficial effect on Traffic flows to and from Burnley Town Centre. The Council has also been working with the County Council to identify key junction improvements, particularly around the town centre and on the M65 that will assist in unlocking further economic growth in the borough. Funding for the works will be sought through the Local Growth Deal due to be submitted to Government by the Lancashire Enterprise Partnership at the end of March.

PR3f- Implement the Borough’s Branding Strategy

The Borough’s Brand Strategy has been reviewed and updated as a three year plan to 2017. A successful Burnley focussed Customer Care Training Programme has been rolled out in partnership with Marketing Lancashire.

PR3g - Develop and deliver the Local Plan, setting out a growth agenda for Burnley.

A six-week consultation on the Local Plan Issues and Options document is under way. This is running from 17 Feb – 31 March. 8 drop in sessions have been held across the

borough and 3 stakeholder workshops were held 25 – 27 Feb. Comments are also being submitted online. Once consultation on this document has finished, the comments received will be assessed and used to develop the policies and proposals to be included in the new Local Plan. There will then be a further round of consultation around December on the Council’s preferred policies and proposals in a draft Local Plan.

PR4: To enhance Burnley’s reputation as a regional advanced manufacturing centre

Action Progress

PR4a- Support the development of Burnley Knowledge Park

Trebor Developments LLP has been appointed as the developer of the Knowledge Park. Work is now underway to design a first phase of development, to obtain planning approval and to secure development funding. A marketing campaign will soon be launched to attract businesses to the site.

PR4b- Develop the Supply Chain Village at the Michelin Site

Re-development is underway and the first building has been completed and occupied by Kaman Aerospace. Barnfield and the Council are in negotiations with 2 other businesses looking to relocate to the site. The site has been re-branded Innovation Drive. Four businesses have benefitted from grant support to assist in their plans at the site. The total commitment for the programme at present is £584,077 with £4,090,586 private sector investment being levered in. The companies being supported are to create a total of 68 new jobs,

PR5: To improve skills, qualifications and employability of the Borough’s workforce

Action Progress

PR5a- Promote the take up of The third Work Inspiration Day took place at

apprenticeships across the Borough

Burnley College on 7th March and the Council’s apprentices took part in an activity to raise awareness of apprenticeship to the year 9 students from all of Burnley’s High Schools.

meeting of the burnley borough council council... · 2018-09-12 · town hall burnley 2nd april...

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