Council Offices, Commercial Road, Weymouth, Dorset, DT4 8NG01305 239839 - office@weymouthtowncouncil.gov.uk

Councillors nominated to the Services Committee are hereby summoned to attend the following meeting. Please inform the Clerk if you are unable to attend.

NOTICE OF MEETING

MEETING: Services Committee MeetingDATE & TIME: Wednesday 10 July 2019 at 7.00pmPLACE: Council Offices, Commercial Road, Weymouth, DT4 8NG

This is a meeting in public, not a public meeting. If you would like to attend and have any special requirements eg access or a copy of the agenda in another format, eg large print, please

contact us.

Agenda and papers are available at www.weymouthtowncouncil.gov.uk

J L Biscombe, FSLCC, CiLCATown Clerk 04 July 2019 ____________________________________________________________________________

Agenda1. Welcome by the Chair2. Apologies for Absence3. Declarations of Interest4. Minutes of the last meeting5. Councillor questions6. Public questions7. Toilet Cleansing Contract8. Seasonal Beach and Promenade – catering, retail and attraction opportunities9. Wyke Cemetery10. Tumbledown Farm11. Community Infrastructure Levy12. Information Items

Free parking days allocation and Christmas parking update Actions from previous meetings Forward Plan

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1. Welcome by the Chair

2. Apologies for Absence To approve apologies for absence.

3. Declarations of Interest To receive members declarations of interest in matters on the agenda.

4. Minutes of the last meetingTo agree the minutes of the last meeting as a true and accurate record.

Recommendation:Members agree the minutes and that they are duly signed as a true and accurate record.

5. Councillor Questions To receive questions from Councillors, prior notice preferred.Two questions have been received from Cllr Graham Lambert

1. For each allotment site run by Weymouth Town Council, please give number of plots on the site number of currently vacant plots current number on waiting list for plots size of plots

Response from Tara Williams:

Size of a 5 rod plot = 125m²

Goldcroft Lanehouse Longhill Rodwell Parsons Quibo Sandsfoot Westham1 rod 11.75 rod 22 rod 1 1 22.5 rod 2 5 3 33 rod 1 7 13.5 rod 14 rod 4 4 1 9 64.5 rod 15 rod 15 5 6 51 10 14 94 586 rod 1 110 rod 10 6 2Total 26 5 7 62 10 26 111 72

Goldcroft 1 plot is being monitored as more work is required 2 plot holders have received a notice to terminate but have asked for an additional

period of time to improve plot 3 on waiting list specifically wishing to have a plot at Goldcroft

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Lanehouse 3 on waiting list specifically wishing to have a plot at Lanehouse

Longhill 0 on waiting list

Rodwell 4 on waiting list specifically wishing to have a plot at Rodwell

Parsons Close 2 plots available 0 on waiting list

Quibo Lane 1 plot available 0 on waiting list

Sandsfoot 1 plot holder has received a notice to terminate but has asked for an additional

period of time to improve plot. 3 plots holders have received non cultivation letters and will receive a notice to quit

if they haven’t cultivated their plot by 10 July. 14 plots available currently and 9 appointments to re-let are being arranged 5 plots available 0 on waiting list

Westham 3 plots holders have received non cultivation letters and will receive a notice to quit

if they haven’t cultivated their plot by 10 July. 2 plots available 0 on waiting list

2. Afforestation of Land Controlled by Weymouth Town Council

Weymouth Town Council (WTC) controls a large number of pockets of land and buildings with land. I suggest that WTC urgently needs to consider afforestation of WTC land wherever possible.

Afforestation is one of the strategies put forward by the Committee on Climate Change (CCC) in their May 2019 report to the UK Government “Net Zero – The UK's Contribution to Stopping Global Warming”. This report paved the way for Teresa May to adopt the policy of making the UK net zero by 2050. Even so, many scientists and commentators are of the opinion that the 2050 date is too late in order to keep global temperatures to below 1.5C. Media interpretations of the October 2018 UN report indicate that there are in fact only 12 years in which to make the changes; 2030 is therefore a more realistic date for zero carbon emissions. This date was quoted in the Climate Emergency Motion agreed in June 2019 at WTC.

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Not only are wooded areas recognised as a source of wellbeing for people, afforestation has the potential to withdraw CO2 from the atmosphere and this is now recognised by the UK Government. Trees therefore act as a carbon sink. Thus, the CCC report notes that for afforestation to play its full part

“Reaching the necessary level of CO₂ removal through afforestation by 2050 requires an early and sustained increase in tree-planting rates. These must increase from current rates below 10,000 hectares per year to at least 30,000 hectares per year.”

In May 2019 the UK Government launched a £10m fund, the Urban Tree Challenge Fund, to plant 130,000 urban trees over the next 2 years. This is a small but welcome gesture, as environmental organisations are calling for much greater ambition; for example Greenpeace wants 70 million trees to be planted over the next 10 years.

Does WTC have possible planting sites for trees which would enhance the land use and absorb CO2, without loss to the public amenity? Can WTC investigate the potential of the Urban Tree Challenge Fund?

It has not been possible to fully investigate this issue in time for a response to be issued with the agenda. Members will be updated at the meeting.

6. Public Questions To receive questions from the public.

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7. Public Conveniences Cleansing Contract – Options Report

Purpose of ReportTo present procurement options for decision by the Committee for the delivery of contracted cleansing and minor maintenance services to the public toilets in Weymouth.

BackgroundThe Town Council has entered into a short-term cleansing and minor maintenance agreement with Dorset Council. A new or extended contract will need to be in place from 1st November 2019.

There is a total of 9 public convenience facilities where the Town Council are responsible for the management, maintenance and cleanliness:

Kings Statue (Promenade) Pier Bandstand Cove Street Greenhill Gardens Lodmoor Car Park Maiden Street Nothe Gardens Overcombe Corner Swannery Car Park

In addition to the above, and for the 2019 summer season the Council are servicing temporary toilets on the seafront to address capacity requirements.

The extended Beach Office and toilet facility development on the central seafront is scheduled to be completed and operational for Spring 2020. The development will provide 18 unisex toilets, 3 accessible toilets, changing places space, a parent room, and a family room. Dorset Council will be responsible for delivering the facility. Weymouth Town Council will then take on the management once it has been built.

The new facility will help address the town’s capacity issues in the seafront area, removing the necessity for the seasonal temporary toilets. However, there is only one facility for the main town centre locality (maiden street) which places additional pressures on an ageing property and infrastructure. The Council will need to look to options to increase this including the soon to be launched Weymouth Community toilet scheme.

It was recognised before Weymouth Town Council came into being that the standard of the toilets was not what Weymouth deserved. Since the Town Council took over the toilets, we have been working with Dorset Council and local contractors to make a positive difference. Fundamentally going back to and addressing the basics required to provide functioning facilities including clearing and renewing drainage, sealing sewage covers; and enhancing upon the cleansing regimes, practices etc.

We also have the added issues of on-going vandalism and failing infrastructure due to its age and/or lack of historic maintenance requiring responsive, proactive management.Condition surveys on each of the facilities will help inform a much needed and fully costed repair and refurbishment programme that members will be asked to consider in the coming months.

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This will go some way to provide resilience and the quality of conveniences that we need to offer and maintain.

Cleansing ServicesThe estimated value of cleansing and minor maintenance inclusive of consumables is circa £186k per annum.

Dorset Council staff that currently undertake the cleansing of the Weymouth public conveniences will form part of any future cleansing agreement or arrangement where they qualify under TUPE (Transfer of Undertakings (Protection of Employment) Regulations).

The Town Council could decide that it wishes to deliver cleansing services directly through its own in-house team and members are asked to consider this option.

ProcurementThe Town Council will be required to determine the length of the contract. In officer’s opinion this should be for 5 years (Initial term of 3 years and ability to extend for a further period of 2 years).

It is essential that the Town Council defines a clear specification of work setting out what it expects from a contractor or service supplier e.g. Number of daily cleans, standard of cleanliness, minimum response times, frequency of inspections, attended facilities, un/locking of facilities, definition of minor maintenance, frequency of deep cleans, whether consumables such as toilet rolls are to be provided, summer and winter variations (reduced provision during the autumn – winter months) etc. The contract would also include key performance indicators and contract clauses to deal with poor performance; having mechanisms in place that assist in rectifying issues.

As the contract value will exceed £181,302 (the OJEU threshold), the contract must be procured in line with the Public Contracts Regulations 2015. The Regulations include minimum timescales for shortlisting and tendering periods, which leaves very little flexibility to ensure that a new contractor is in place by 1st November 2019. Any delays in the process, for example if the Council is challenged on its contract award, or if there are any issues during the TUPE process, would result in there being no contracted supplier after October 2019. Officers recommend that the Town Council seeks to secure an extension of the current agreement with Dorset Council until the end of January 2020.

In accordance with the Town Councils Financial Regulations and Internal Financial Controls, Full Council will be required to approve the appointment of the winning contractor as the estimated value will be over £100,000.

The Town Council has several procurement options detailed below:

Delegation of ServiceNational legislation permits a local authority to discharge functions to another local authority. These powers have enabled the Town Council to contract with Dorset Council.

The flexibility that we have with Dorset Council is as though they are an in-house Town Council service. Dorset Council currently employs local people to deliver these services.

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An agreement with Dorset Council who also clean the former West Dorset District Council public conveniences would enable the Town Council to benefit from economies of scale e.g. staffing, consumable product purchases etc.

We are waiting for Dorset Council to confirm if they are to continue to provide cleansing services directly. Whilst the Town Council could seek to enter into a new or extended agreement, it would be beneficial for the Council to test the market. The cost of the Dorset Council service, if continued, will be included in the report to full Council on the outcome of the proposed tendering.

Procurement frameworkProcurement frameworks are agreements put in place by public sector buying organisations, whereby other public bodies may call-off services from the framework from pre-appointed suppliers (note that new suppliers cannot be added once the framework has been appointed). Frameworks, which may run for a maximum of four years, enable buyers to place orders for goods or services without running full tendering exercises. These usually include a requirement to undertake a further competitive process (a mini competition) between the suppliers appointed to the framework. A framework agreement has the added benefit of complying with the Public Contracts Regulations (2015) so there is no requirement, on any procuring body when using a framework, to undertake an EU tender.

Framework Agreements typically also include a fee for use of the framework, charged by the buying organisation that originally set up the framework. The fees are charged to any supplier that wins work via the framework in the form of a percentage of the turnover they generate through it - these costs are typically passed on through inflated rates to the end buying organisation.

Having explored the frameworks available for the type of services required, most supply on a national scale with regional scope being limited to South West, South East, the North, etc, rather than to a local level. The available frameworks tend to be generic facilities management frameworks, therefore are not entirely suitable to the Town Council as the suppliers appointed are the larger companies with general capabilities, rather than being specifically appointed giving consideration to specific requirements of the Council and its locality and communities, the specific services required across the area, and specific pricing for these services.

TenderingTendering of these services will need to be undertaken in accordance with the Town Councils adopted Financial Regulations and the Public Contracts Regulations 2015. Weymouth Town Council will be required to procure in accordance with these Regulations and advertise the opportunity based on the Regulations threshold of £181,302. The Regulations require the advertisement to be published via the Official Journal of the European Union (OJEU), and nationally via Contracts Finder.

It is recommended that the Council undertakes a procurement exercise following the Open procedure, whereby any supplier may submit a response to the Invitation to Tender. This would be evaluated in two parts; Supplier Selection Criteria and Tender Award Criteria.

The supplier selection criteria is designed to assess the suitability of a supplier to deliver the contract requirements (Mandatory and Discretionary Exclusions, Economic and Financial

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Standing and Technical and Professional Ability). Only those that pass this stage will progress and be assessed against the Tender Award Criteria

As well as preparing a clear specification of work the Council will need to determine the overall weightings of the tender for Price and Quality e.g. 40% : 60% therefore quality is given a higher weighting and greater importance than price. This is known as Most Economically Advantageous Tender – MEAT.

The technical criteria would include relevant experience; capability; flexibility and responsiveness, resources, environmental approaches and targets; past performance; social value (opportunities for local people and communities); management and technical skills; resources; management systems and methodology to meet the specification.

The Price criteria would be a fixed fee based on known requirements (total value of the services) over the full five years. We would also include a pricing schedule for the types of minor maintenance, the provision of consumables, hourly rates, call-out charges, etc.

To assist Council officers in the specialised area of tendering in compliance with the Public Contracts Regulations and to provide technical capacity, external resources will need to be bought in. This is in accordance with the Councils adopted Financial Regulations. The Council does not undertake to accept the lowest or any Tender and reserves the right to accept the whole or any part of any Tender submitted.

Recommendations:That the Services Committee is asked to consider the procurement options outlined within this report and approves:

a) The extension of the current agreement with Dorset Council for a period of 3 months;b) To undertake a European Tendering exercise in line with the Public Contracts Regulations

2015 (following the Open Procedure) based on a weighting of Price 40% and Quality 60%;c) That the contract is tendered for a period of 5 years (Initial term of 3 years plus an option

for the Council to extend for a further period of 2 years);d) Engage external procurement expertise from existing budgets.

This procurement route would enable the Council to meet its legal responsibilities, define the quality of service that responds to local circumstances and requirements, and ensure that value for money is delivered.

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8. Seasonal Beach & Promenade – catering, retail and attraction opportunities

Purpose of ReportTo present options for decision by the Committee for the tendering of upcoming seasonal catering, retail and attraction opportunities on Weymouth Beach and Promenade.

BackgroundThe Seasonal Beach and Promenade retail, catering, heritage and attraction licences are due to expire during October 2019 and October 2020. These are an important source of significant income that supports the costs associated with Weymouth’s largest attraction and community open space.

A fundamental review of the Seafront took place during 2008/09. This informed the delivery of a £2.5 million resort regeneration programme at that time. The programme included the development and delivery of a new masterplan for the provision of licensed activities including redesigned kiosks and encompassing further year-round outlets.

Planning Permission (10/00118/FUL3) was granted in accordance with the masterplan. A location plan detailing the location of all leased and licenced sites / assets is attached at Appendix 1. The planning permission also determined the period of operation; generally, 1st March to 7th October inclusive each year.

Under the preceding Council, the catering and retail opportunities were tendered for a 10-year period. The less directly commercial “Heritage Attractions” were deemed to be of unique tourism value in keeping with the traditional nature and fabric of a seaside resort and the decision was taken that they should not be included in the tender processes. In these cases, negotiations were undertaken with existing operators where they wished to continue.

The seasonal licenses due to expire on the 7th October 2019 are: Catering sites: SC1, SC2, SC3, SC4; Non-food retail sites: R1, R2, R3; Attraction site: A3; Heritage Attraction sites: Donkeys, Clairvoyant, Punch and Judy.

In order to protect the Town Councils income and to meet financial standing orders and EU Regulations, a formal procurement exercise (tendering) is required to be carried out during the coming months. This exercise needs to be concluded and contracts entered into no later than early 2020 to enable enough time for the successful tenderers to be ready to trade from Easter 2020. Officers are also requesting authorisation to tender the remaining seasonal attraction sites expiring during October 2020 (A4, A5 and A6) for commencement March 2021.

It is suggested that the design of the kiosks and the location of all seasonal sites as determined by the existing Planning Permission is not changed at this time. They are still fit for purpose, of modern design and provide a good balance of commercial activities whilst maintaining enough physical space to accommodate residents and visitors to the Beach; and high-profile events and activities.

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Procurement Process The tendering of the opportunities will need to be undertaken in accordance with the Town Councils adopted Financial Regulations.

These requirements are defined Concessions contracts, which since April 2016 have been covered by the ‘Concession Contracts Regulations 2016’ (CCR 2016) (as opposed to the Public Contracts Regulations 2015 (PCR 2015) which regulates the procurement of most goods and services) purchased by the Council.

The CCR 2016 threshold is £4,104,394. This figure is based on the total turnover of the concessionaire generated over the duration of all related contracts. Put simply, this means every penny spent at all concession attractions, catering and retail sites over the total life of their contracts must be considered. Whilst turnover information of the licensees is not currently available to the Council1, it is estimated that the value is likely to exceed the stated threshold2 and the procurement should be considered as in-scope of CCR 2016.

CCR 2016 is less restrictive and offers more flexibility than PCR 2015 in terms of the procurement process that must be followed. The procurement must be fair and transparent, however there are no specific procedures as in PCR 2015 (i.e. ‘Open’ or ‘Restricted’). Minimum requirements and the award criteria must be included in the tender documents, and these can be based on specific requirements of the Council to ensure that only suppliers demonstrating appropriate standing, capability and experience are considered.

Procurement RouteIt is recommended that the Council undertakes a CCR 2016 compliant procurement exercise following the principles of the Open procedure of PCR 2015, i.e. any tenderer can submit a tender, however only those that demonstrate they achieve the minimum suitability requirements and standing (both professional and personal) would be evaluated.

Those tender submissions would then be evaluated in two parts against a set of criteria. This would include but not be limited to: -

Financial offer; Trading experience; Suitability & Quality of offer; Sustainability measures or practices; Health & Safety;

Officers would also look to incorporate a means of assessment to gain a satisfactory mix of attraction uses, compatible with adjacent beach concessions and/or public beach areas.

1 This will be addressed in the forthcoming tender, with a requirement for the licensees to provide this information when requested by the Council. 2 The value of the annual income directly generated by the Council from all leases and seasonal licences on the seafront has been used to calculate the anticipated revenue over 10 years. It is also reasonable to assume that in addition to covering the licence or lease cost, a profit of at least £100,000 per year is made across all licences or leases equating to at least £1m over the 10-year contract duration. This is very close to the threshold, without considering new attractions due to be added over the coming years, hence the recommendation that the procurement is considered to be in-scope of CCR2016.

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The Council will need to determine the overall weightings of the tender for Price (Financial offer) and Quality. Officers are suggesting that all sites should be tendered on a weighting of 50%: 50% therefore the financial offer has an equal weighting to quality. This would incorporate those criteria elements set out above.

The financial offer made would be calculated for the full period of the agreement and will not include the proposed annual RPI plus 1% per annum increase.

As part of the tender documentation, the Council will include a form of agreement. It is intended that these be broadly similar to the current agreements and for a period of 10 years but with the addition of a mutual 5-year break option (mid-term); notice to be given 12 months prior. The remaining 5 years will not be unreasonably withheld by the Council.

It is a requirement of CCR 2016 that any concession contract over 5 years does not exceed the time requirement for the concessionaire to reasonably recoup investments. A 10-year agreement will allow the tenderer the security to realise return for investments made in constructing and purchasing kiosk units and/or associated equipment; and we will seek to enable the council to realise any of its future aspirations for the seafront at that point. This will be clearly stated in the tender documents.

The successful tenderer would be responsible for rates, all outgoings, health & safety compliance, utilities, insurance, supply of equipment, kiosks etc; and the Council will be looking for operators to undertake or work towards ecologically sound and sustainable best practices.

To assist Council officers in the specialised area of tendering and to provide technical capacity, external resources will need to be bought in. This is in accordance with the Councils adopted Financial Regulations.

Whilst the individual tender opportunities are less than the £100,000 that is required to be approved by Full Council, collectively the total income forms a single budget line that exceeds this amount, therefore Officers will bring forward a report to Council to approve the appointment of the winning tenderers.

The Council does not undertake to accept the lowest or any Tender and reserves the right to accept the whole or any part of any Tender submitted.

Seasonal Catering and Non-Food Retail Kiosk SitesAs the turnover of these sites needs to be included in the value of the aggregated spend, these would be tendered along the same lines as the existing licences enabling flexibility of both the food and retail offer. However, on this occasion there should be an importance placed upon the provision of healthy and/or alternative food choices; and encouraging locally supplied produce options as part of the overall quality of offer. It is further recommended that an emphasis is placed upon sustainable best practices such as: No plastic straws - offering reusable straws or sustainable alternatives; Takeaway food containers – Cardboard or encourage people to bring their own; Switch from plastic water bottles or offer customers free water by joining the REFILL

Dorset Scheme; Offering discounts for people using reusable coffee cups; Remove small plastic sauce sachets and replace with refillable condiment dispensers;

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Use wooden/bamboo cutlery and no plastic;

This could also include an expectation from the Council for businesses to achieve the Dorset Litter Free Coast and Sea Business Award within the first 5 years of trading - http://www.litterfreecoastandsea.co.uk/wp-content/uploads/2016/02/Litter-Free-Coast-and-Sea-Business-Award.pdf

All successful tenderers (Catering, Retail and Attractions) will be required to work with the Council to meet its Climate change objective - “Strive to make the Council’s activities net-zero carbon by 2030 or earlier if possible”. In this case the Councils activities would be the licencing of the site/s for the agreed purpose/s.

AttractionsThe Council should be looking to attract traditional and modern attractions. It is suggested that the Council should not be seeking large noisy fairground type rides on the beach. Previous attractions have ranged from roundabouts, swing boats and a helter skelter to track based rides, crazy golf and trampolines.

Heritage AttractionsThe committee are asked to consider the approach to be taken for the Heritage attractions - traditional seaside activities (Punch & Judy, donkeys and clairvoyant). It is recommended that Officers seek to negotiate a new agreement for the continuation of this type of attraction for a period of 10 years (with 5-year break clause) with the current operators. If they do not wish to continue or should negotiations be unsuccessful the site opportunity could be tendered for the same Heritage type attraction if continuation of this form of attraction is deemed appropriate. Alternatively, the site/s could be tendered as general attraction site/s (Subject to obtaining planning consent).

FinancialTenderers will be required to submit a financial offer for the first and second years; this enables the tenderer to take account of significant investments made in the first year. Thereafter it is proposed that the fee is increased by RPI plus 1% per annum; which is no change to historic practices.

The tendering of the opportunities will test and be led by market value. It should be noted that the financial tender offers could decrease as well as increase from those currently received by the Council. Additional requirements placed upon the tenderers such as sustainable practices and the zero-carbon objective will also be a factor.

Support for tenderersOfficers recognise that the tendering process may be unfamiliar to the traditional businesses, and will prepare all documentation, guidance and response documents with this in mind. Paper tender returns are permissible under CCR2016, which will remove a further presumed barrier that may be seen by many operators.

Recommendations:12

That the Services Committee is asked to consider the information detailed within this report and approve:a) That officers carry out a tendering exercise/s as described for the Weymouth beach

Seasonal Catering sites (SC1, SC2, SC3 and SC4), Retail sites (R1, R2 and R3) and Beach Attraction sites (A3) as set out in the report;

b) That officers negotiate new agreements for the continuation of the Heritage Attractions (Clairvoyant, Punch and Judy and Donkey Rides) for a period of 10 years with the current operators; and If they do not wish to continue or should negotiations be unsuccessful to tender the site/s on the basis directed by the Committee;

c) To tender attraction sites A4, A5 and A6 during the 2020 season for commencement March 2021;

d) Engage external procurement expertise and support from existing budgets.

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Appendix A

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9. Wyke Cemetery

Purpose of ReportTo present options for decision by the Committee to mitigate against the issue of badgers digging adjacent to graves in Wyke Cemetery.

BackgroundMembers will recall that the issue of badgers at Wyke Cemetery was raised at the Services Committee on 23 May 2019.

On 5 June 2019, Alder Ecology carried out a survey of the badger sett in Wyke Cemetery.

The report identified 55 entrance holes, which appear to have been made by badgers. There is a badger sett with a large spoil heap alongside the southern boundary wall to Wyke Road near the footpath entrance into the cemetery.

There was some evidence of foraging within the cemetery with several snuffle holes and digging activity found. It is clear badgers forage more widely than the cemetery and excellent foraging pastures are close by as there was evidence of badgers pushing through the tall meadow grassland in the adjoining fields to the north and east. No latrine pits were identified, suggesting territorial markers, because the vegetation in the surrounding fields is tall and overgrown.

Previous work in the area by a badger consultant has identified several setts within 600m of the cemetery, including one within 240m to the north-west. The habitat is ideal for badgers, which are well adapted to foraging in pastures and woodland and the density is likely to be high.

Badger activity within the cemetery does not appear to have caused any significant impact to the graves in respect of subsidence. It was also noted that there were no human remains found outside any of the entrance holes.

Ecologist Report Findings/Options Summary To reduce any risk to graves from digging activities of badgers, it is recommended that they are

excluded from the holes which are currently associated with graves. Such work must be done under licence to permit actions to interfere with a badger sett and be compliant with the Protection of Badgers Act 1992. This work must be carried out by an ecologist with the necessary skills and experience. Methods include soft blocking and then after a period of monitoring to confirm no badgers are using a sett, it can be firmly blocked and netted to prevent the badgers returning. Where badgers are likely to be using a sett hole then the installation of one-way gates are likely to be required which allows badgers to leave but not re-enter an entrance hole (Natural England 2011).

If possible, retention of the main sett in the southern edge of the site should be considered if it is unlikely to pose a problem to the future maintenance of the cemetery.

Complete exclusion of the badger social group from all setts and holes identified during the survey will only serve to move the problem elsewhere. In this case it is recommended that an alternative sett should be constructed in an area away from the graves. This can be created in such a way to provide a sufficient number of entrance holes and underground chambers to accommodate a social group, and in a way which prevents badgers from digging outwards from this sett where they may cause damage to the immediate area.

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For mitigation work, where complete exclusion is required and an artificial sett is to be constructed, the artificial sett should be in place several months before badgers are excluded and the existing setts and holes are closed. This is to enable badgers to become used to the new sett and increase the chances it will be readily occupied once their existing setts have been closed down.

Relevant Information for Consideration While exclusion of badgers can be effective it is by no means a guaranteed method to prevent a

reoccurrence of digging behaviour within the cemetery at a later date. Exclusion of an entire social group without an alternative sett will mean badgers having to dig a new sett within their home range and it is likely they will attempt to re-establish a sett within the cemetery. Badgers are very reluctant to leave setts where they have been well established and also because they generally avoid moving into neighbouring badger territories. It is known that at least three other badger social groups are living in the surrounding area.

Total costs to construct a 12-chamber artificial sett, encouraging badgers to occupy the artificial sett and the closure and badger proofing of all 55 holes identified range from £12,000 to £15,000+.

If an artificial sett is introduced into the cemetery then grave spaces will be lost and, while it is possible to exclude badgers from their existing setts, doing so does not guarantee successful removal of the problem. This is especially likely in the absence of any form of mitigation and is likely to push the problem elsewhere either within the cemetery or onto land immediately adjoining, such as local resident’s gardens.

Planning permission may need to be obtained; confirmation is being sought from Dorset Council.

Exclusion work can only be carried out under licence within the period 1st July to 30th November; between December and June badgers have dependent young below ground and there would be a risk of harm or cruelty if work was done during that time.

Licences can take 30 working days (6 weeks) for Natural England to process. A Class licence registration requires five working day notice period in which time NE can make any specific representation and recommendations.

An artificial sett must be in place prior to any permanent closure of a main sett, this is typically at least 6 months prior but can be less if badgers take up occupation earlier.

Potential purchase of adjacent land may be more suited for an artificial sett.

5. RecommendationThe Services Committee is asked to consider the information detailed within this report and approve the following actions:

a) To engage a legally compliant ecologist to exclude badgers from the holes which are currently associated with graves;b) Retain the main sett in the southern edge of the site that is located in undisturbed brambles

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with minimal risk to visitors;c) Erect permanent signage to make visitors aware of the sett and the need for vigilance;d) That officers regularly monitor the site; ande) An ecologist is commissioned to undertake a report in spring 2020 to record badger activity within the site.

Members should note that in the future badgers will continue to dig holes on the site for both food and temporary refuge irrespective of where the sett is located so it will be necessary to make the public aware of the possibility of holes and also to expect that some people will be concerned about this and possibly report it to the council.

The regular monitoring by officers should allow them to re-assure people who have such concerns or facilitate action if a significant problem arises.

It will also be the case that going forward there will be a need from time to time to re-engage an approved ecologist to re-survey and stop up any problematic disused holes.

10.Tumbledown FarmMembers are asked to discuss Member representation on the Tumbledown Farm Partnership Group. At the WTC Full Council, it was suggested that four Town Councillor places should be available on the group, to be filled by four of up to six nominated Members. It was suggested that the nominated Members should consist of the local Councillors if possible, but that Members’ individual areas of expertise should also be considered. Cllr Jon Orrell, Cllr David Gray, Cllr Peter Barrow and Cllr David Northam have expressed an interest.

Recommendation:That Members agree six Councillors to sit on the Tumbledown Farm partnership group.

11.Community Infrastructure LevyThe Council has received £63,647.07 in CIL funding. Unlike S106 funding the payments comes with no agreement on exactly what it should be spent on so members are at liberty to decide the best use of the funds.

The Community Infrastructure Levy (Amendments) Regulations 2013 state that a local council must use CIL receipts passed to it to support the development of the local council’s area, or any part of that area, by funding—

(a) the provision, improvement, replacement, operation or maintenance of infrastructure; or(b) anything else that is concerned with addressing the demands that development places on an area.

Members may wish to discuss the allocation of these funds to a specific project or to delay the allocation of the funds pending the outcome of the strategic workshop in September which will define the priorities for the Council in future years.

Recommendation:That Councillors agree to leave the funds unallocated at this stage pending the outcome of the strategic workshop in September.

12. Information items 18

Free parking days allocation and Christmas parking updateAt the May Services Committee members requested a further report on above item. Officers are looking to combine the remaining two unallocated event parking days and the Christmas parking (free or discounted) as there are several events due to take place during that period. This includes the Weymouth Christmas Festival (Past, present and future themed weekends), Chase the pudding and Small business Saturday.

An initial proposition has been sent to Dorset council for consideration and we await their response. The Chair and Vice Chair were consulted prior to this being sent. The proposal looks to gain agreement for the weekends during December and Boxing day. This is a departure from the last few years where free parking was provided throughout December from 3pm (N.B - Free after 6pm all year).

Officers will bring a decision report to the next Services Committee meeting.

Actions from previous meetingsDate Action Status28/05/2019 Tara Williams to contact betterment Homes to see if the S106

money can be released earlyCompleted

28/05/2019 Tara Williams to contact Community Safety at Dorset Council to see is support and advice is available with The Marsh.

Completed

28/05/2019 Jane Biscombe to add Tumbledown Farm as a standing item to each SC agenda

Completed

28/05/2019 Tara Williams to organise a member meeting on Tumbledown Farm

Completed

28/05/2019 Tara Williams will send Cllr Hope and Cllr Fuhrmann a breakdown of the £185,000 currently spent on The Marsh improvements.

Completed

28/05/2019 Jane Biscombe to invite the Weymouth BID to present to a future meeting.

Completed

28/05/2019 Jane Biscombe will send an update to Cllr Whatley following a workshop later this month.

To do

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Forward Plan

Date Meeting Items for consideration24/07/19 F&G Toilet Charging

Payments from Dorset CouncilQuarterly Financial Report (Q1)

31/07/19 Full Council Working GroupsChampion Councillors

04/09/19 Full Council Updated Standing Orders and Financial RegulationsPresentation from Weymouth BID

11/09/19 HR Town Clerks Appraisal arrangementsOptions for Enforcement staffContractors and the Real Living Wage

18/09/19 Services Winter Maintenance PlanTumbledown Farm updateWeymouth Public Art Project (Update)

25/09/19 F&G Policy ReviewMid-year review of capital expenditure 19/20

16/10/19 Full Council Mid-year review of capital expenditure 19/20Draft Corporate PlanSutton Poyntz Neighbourhood Plan examiners report 

23/10/19 Services Laser lighting options to inform the budget draftDeckchair concessionsTumbledown Farm updateScheme of charging 20/21

06/11/19 F&G Appointment of Internal Auditors for 20/21Agency staff procurement Quarterly Financial Report (Q2)Draft Budget recommendations

20/11/19 Full Council Appointment of Internal Auditors for 20/2127/11/19 HR Annual appraisal outcomes

Staff car parking04/12/19 Services Tumbledown Farm update

CIL funding update18/12/19 F&G Draft Budget and Precept

08/01/20 Full Council Draft Budget and PreceptPolicy Review

22/01/20 Services05/02/20 F&G Draft Risk Assessment

Quarterly Financial Report (Q3)

20