Agenda and draft minutes

Apologies were received from Councillors Bamford, Beale, Dobie, Foster, Wheeler and Willingham.

There were none.

Minutes of the meeting held on 16 December 2024.

The minutes of the meeting held on 16 December 2024 were approved as a true record and signed accordingly.

The Mayor shared the some events he has attended and news items:

-       Cheltenham Town Women’s Football Club’s game with Wolverhampton Wanderers in the FA Cup.  Although they lost the match, Cheltenham is going from strength to strength, under the chairmanship of Andy Biddle who has been working for the club for many years;

-       two great matches at Cheltenham Rugby Club – one men’s, one women’s, who are doing particularly well and are top of their league.  He thanked the chairman Steve Ratcliffe for his long-standing dedication to the club; 

-       it is always a pleasure to invite groups to the Mayor’s Parlour, and he has recently welcomed the Pittville Swans and Friends Group, who work hard to protect the swans on Pittville Lake, Marle Hill Women’s Institute, and Dave Bath, a very active volunteer in the town.  They spoke about Petersfield and he hopes that this exciting project will come to fruition;

-       it is also great to open new businesses:  this month he was invited to open Obsidian, following a refresh of its business - he welcomed the company’s investment in the future of Cheltenham and job creation – and also the Longfield Hospice Charity Shop in Coronation Square who do a fantastic job;

-       Holocaust Memorial Day on 27 January was a very emotional occasion, with an event held in the council chamber;

-       the borough should be extremely proud of No Child Left Behind – the recent event at the town hall was magical, well attended, and promised an exciting year ahead;

-       the recent retro-fit show, Future Fit Homes, which helps people make their properties more environmentally friendly, was well attended.  Congratulations to all involved.

The Leader said that since December, the local government devolution process has taken up most of her time, but she was lucky to be invited to the opening of the new Men in Sheds facility at Cheltenham Enterprise Centre.  This organisation is run by an amazing team of volunteers, who help men from different walks of life with different skills, and produce excellent planters.

The Mayor said he also attended this event, and that Men in Sheds is a fabulous organisation.

There were none.

These must be received no later than 12 noon on Wednesday 12 February.

Seven public questions had been submitted.  The questions and written responses were taken as read.

1.    Question from Mr David Redgewell to the Leader, Councillor Rowena Hay

Can the Leader provide an update on what progress Gloucestershire’s six district and borough councils and county council are making towards becoming a unitary council?

Leader’s response

I’d like to thank Mr Redgewell for his question.

The government has invited all two-tier local authority areas (those with both county and district councils) to submit their proposals for local government reorganisation.

All affected councils have been asked to submit their interim proposals for reorganisation by 21 March with final proposals being submitted by November.

The government has asked that councils work together on developing proposals but has also acknowledged that not every area will agree on the best way forward.

Gloucestershire is a unique county where there are strong identities associated with our towns, cities and places. At present, not all councils in Gloucestershire agree on the best path for reorganisation with some advocating a single unitary and others advocating two.

As Leader of Cheltenham Council, it is important that we get the best for our town, its residents and business and that is what I will continue to strive for regardless of the eventual shape and size of the council that we end up with.

Supplementary question

In view of the tight timescale for devolution in Gloucestershire, and there is an economic imperative in not delaying our response.  Will the Leader make sure a positive case for Gloucestershire is submitted to the Secretary of State in March to ensure we are not pushed to the back of the queue?

Leader’s response

Since the government’s announcement on 16 December, CBC has been working with the county and other districts to ensure a cohesive response, although this will not mean total alignment across the county.  All leaders will focus on doing the right their for their respective councils, and do their best to ensure the government receives a very positive response from Gloucestershire, whether collective or individual.  Also, we should not forget the importance of our MPs across the county, and include their input in the response to government.  

2.    Question from Mr Tim Harman to Cabinet Member for Finance and Assets, Councillor Alisha Lewis

In reply to another member of the public at the last meeting, the cabinet member indicated that the public toilets in Montpellier Gardens should finally open in the new year after a huge delay. At the time of writing this question, they are still fenced off. Can the cabinet member state when she expects them to finally open?

Cabinet Member response

I’d like to thank Tim for his question. The delays in completing the refurbishment of Montpellier Gardens toilets are frustrating for us all. Initially, the project faced delays due to the need for more extensive structural repairs than originally anticipated and as a result of adverse weather which meant parts of the work needed to be pushed back or  ...  view the full minutes text for item 7.

These must be received no later than 12 noon on Wednesday 12 February.

Three Member questions were received.  The written responses were taken as read.

1.   Questionfrom Councillor David Willinghamto Cabinet Member for Safety and Communities, Councillor Victoria Atherstone

Could the Cabinet Member please confirm whether this council has any historic Street Litter Control Notices still in force,and whether are there anyCommunity Protection Noticescurrently inforce inrespect oftackling littering.If so, couIdthe Cabinet Member please provide details of where andto whom these notices currently apply?

CabinetMember response

There are no StreetLitter Controlnotices; theseare nowcalled CPNs(Community Protection Notices). We also havePublic SpaceProtection Orders (PSPO) that includes littering,and there is aPSPO livefor theentire borough, where locations have been highlighted to bean issue ofenviro-crime and thiscovers Cheltenham­ widelocations.There arealso PSPOs in place in green spaces tospecify dog control and alcohol use.

2.  Questionfrom Councillor David Willinghamto CabinetMember for Safety and Communities, Councillor Victoria Atherstone

I understandCommunity Protection Notices(CPN) havenow replacedStreet Litter Control Notices butCPNs do still givecouncils the powers toforce businesses to clear litter fromaround their premises andto take steps to prevent future ittering. Could the Cabinet Member please advise whether  these CPNs can be issued pre-emptively based upon previous litterissues elsewhere, and if not,what evidence thecouncil wouldneed tocommence action,how thisevidence wouldneed to be presented to the council, and by whom?

CabinetMember response

A CPN can be used for an issueof litterin a locationcaused by abusiness, as this can been seen asa trade waste offence, and can include mitigation and management of thewaste produced by thebusiness and itscustomers. Thiscan lead to further receptacles being provided forcustomers and business staff frequently servicing the units toensure usage by the customer on site and surrounding area.If thereis an issueof litteringin thearea bycustomers due tothe use of the business then this is considered an offence and a fixed penalty notice (FPN) can be issued to the individual, whether in a vehicle oron foot.Thelocal authoritywould needto receivereports ofthis takingplace, soa service requestcan beraised foran officerto attendand investigate themost appropriate mitigation process.

A CPN cannot be issuedpre-emptively as evidence needsto beascertained to confirm theoffence andissue isapparent, andalarm, harassmentand distressare having a detrimental effect on the surrounding community.

Thiscan be evidenced usingthe reporting toolfunction for litteringor fly-tippingthat will trigger an investigation to the patch officer.

3.      Questionfrom Councillor David Willinghamto Cabinet Member for Safety and Communities,Councillor Victoria Atherstone

Could theCabinet Memberplease give mean assurance that if alitter problem can beevidenced as resulting from a specific vendor,  ...  view the full minutes text for item 8.

Report of the Cabinet Member for Finance and Assets

After explaining the process to Members, the Mayor invited the Cabinet Member for Finance and Assets to introduce her report.

The Cabinet Member for Finance and Assets said the devolution white paper published before Christmas had left the council in the dark when shaping its budget, and unclear on how to plan for the future without knowing how long that future would be. She said she has been criticised in recent weeks for being too political when talking about the budget in the context of local government reorganisation, but said she feels strongly that local government decision-making and control over its spending is inherently political. She believes that a strong central government should collaborate with local authorities, be willing to learn from the people who know their communities best, and offer its expertise, whereas a weak government assumes that cooperation is impossible and chooses the simplest solution – fewer councils, fewer voices, and fewer people to stand in its way.  She said she would question any plan that required the abolition of an entire tier of government to work. 

She went on to say that at times like this, CBC must do everything in its power to make a positive dent in the wall of anger, resentment and frustration that defines politics today, and although we may not have all the choices that we would like, what we do with those choices is what really matters.  In this critical window – maybe the last when decisions about Cheltenham will be made in Cheltenham by the people who know Cheltenham best – it was important to make the most of the choices we have, and so the budged includes:

-       major investment in parks and gardens, with increase in staff time;

-       installation of electricity infrastructure at festival sites to ensure our iconic festivals are more sustainable for the planet and for future generations;

-       continued investment in the Golden Valley Development, to future-proof careers for people in Cheltenham, and build homes, transport links and more green spaces; future profits from this home-grown investment will come back help fund public services, depending on what the new authority chooses to do with them;

-       protection of the town’s regency heritage with an expanded planning team, and easier, quicker access to planning advice;

-       support for veterans, many of whom exist just above the poverty line, by ensuring that armed forces compensation scheme income isn’t counted when council tax discounts are assessed;

-       bucking the trend by reopening underused community buildings, to bring people back and leave a legacy of spaces to be enjoyed for many years to come; 

-       creating fiscal breathing room to make the most of every last minute of the next few years with smarter and faster decisions.

She said she didn’t want to regret choices that the council could or should have made if it had the money to make them, and that this is the first budget proposal in nearly five years where the contribution to balances  ...  view the full minutes text for item 9.

Report of the Cabinet Member for Finance and Assets

The Cabinet Member for Finance and Assets began by saying that the incentives and opportunities which made Arms’ Length Management Organisations (ALMOs) so attractive in the early 2000s have faded over time, which is why Cheltenham Borough Homes has been welcomed back to Cheltenham Borough Council the last year. This not only ensures more joined-up working, but also offers a launch pad to deliver the ambitious social housing strategy that our town deserves.   She was happy to present the first HRA budget to be created and delivered in house, and went on to highlight the following:

-       the budget delivers the right number and mix of social housing in Cheltenham, where rents are high and home ownership increasingly out of reach for many families; this is a constant challenge, with demand growing every day;

-       despite enormous challenges, CBC doesn’t shy away from doing the right thing, from setting aside £0.75m to support fire safety improvements, to addressing both the climate emergency and cost of living crisis head on with bold decarbonisation programmes to make homes not only more sustainable but also warmer, safer and cheaper to live in;

-       another challenge is tackling voids – properties unfit to be lived in – with action plans to bring them back into use or, where appropriate, dispose of them to invest in more safe, clean homes;

-       former Councillor Max Wilkinson set an ambitious council budget of £180m to be spent on social housing over the lifetime of the Golden Valley development, and this HRA is a serious step towards that goal, undertaking to invest £40m in existing homes and new acquisitions. Although the costs are eye-watering, the human cost of inaction is far greater.

She concluded that it is clear that CBC has the ambition and the plan and, with the help of Full Council, can deliver on its vision. 

The Cabinet Member for Major Development and Housing Delivery seconded the HRA Budget and reserved the right to speak.

There were no questions, and the Green Party had no further comments.

In debate, Members made the following points:

-       this is a great report and highlights the fact that tenants rather than bricks and mortar are at the heart of everything – their involvement, influence and ideas; it is wonderful that both the tenants panel and leaseholder panel are so active and represented on the Housing Cabinet Committee, and that there is money available to help them achieve and be part of the decision-making process;

-       with CBH now back in house, we are starting to see an increase in the provision of social housing in the town -  at Monkscroft, Swindon Road, and West Cheltenham. This is the most important thing the council can do.

In seconding the HRA budget proposals, the Cabinet Member for Major Development and Housing Delivery agreed that this budget sets a foundation to continue all the of CBH’s good work in housing.  He added, however, that we should not forget the national blight of  ...  view the full minutes text for item 10.

Report of the Cabinet Member for Finance and Assets

Appendix 2 Council Tax Resolution TO FOLLOW

The Cabinet Member for Finance and Assets introduced her final report of the day, saying that having approved the most ambitious budget ever, Members now needed to approve the council tax resolution to support it.  She reminded everyone that CBC receives  just 11% of council tax, with the rest going to the county and the Police and Crime Commissioner’s office.  She said CBC does a great deal of good work with its share, from maintaining the town’s green flag parks to keeping the night time economy safe. 

The Cabinet Member for Major Development and Housing Delivery seconded the council tax resolution.

A Member agreed that CBC faces many challenges and makes excellent use of its tiny slice of council tax, in its parks and gardens and waste and recycling, as well as its No Child Left Behind agenda  The county has a larger responsibility for social care and highways, but has been letting the town and the county down, leaving a lot of gaps to fill.  He hoped that residents would bear this in mind when seeing a very small increase in council tax leaving their bank accounts each month.

RESOLVED THAT:

1.    the formal Council Tax resolution at Appendix 2 is approved and the commentary in respect of the increase in Council Tax at Paragraph 6 of Appendix 2 is noted.

For:  Allen, Andrews, Atherstone, Baker, Barnes, Barrel, Boyes, Chandler, Chelin, Clucas, Collins, Davies, Day, Garcia Clamp, Harvey, Hay, Holliday, Horwood, Jeffries, Joy, Lewis, Lynch, Mutton, Oliver, Orme, Pemberton, Pineger, Sankey, Smith, Steinhardt, Tailford, Tooke, Williams

Against:  None

Abstentions:  None

Report of the Cabinet Member for Safety and Communities

The Cabinet Member for Safety and Communities began her introduction by saying that the Gambling Act 2005 requires every council to produce, consult on and publish a Statement of Principles to regulate all forms of gambling in the UK, namely gaming, betting and participation in a lottery, and to set out a number of licensing objectives by which the council is bound when discharging any of its functions under the act. These objectives, which are promoted through cooperation and partnership with responsible authorities, local businesses and residents, are:

-       to prevent gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime;

-       to ensure that gambling is conducted in a fair and open way; and

-       to protect children and other vulnerable persons from being harmed or exploited by gambling.

She said the act also requires the statement of principles to be kept under review and re-published at least once every three years.  It is proposed that the existing statement of principles, published in 2022, is re-adopted as there have been no substantial changes to legislation or national guidance since that time.  However, central government is currently consulting on a white paper entitled ‘High Stakes – Gambling Reform for the Digital Age’, and the statement of principles will be reviewed again when this is published later in 2025.

A Member welcomed the report but asked if there was any provision for the needs of children in the care of someone with a gambling addiction, which could be eclipsed by that person’s reliance or dependence on gambling, impacting on them financially or having a negative effect on their quality of life.   

The Cabinet Member for Safety and Communities confirmed that in September 2024, the GCC public health team met with the county working group to share common standards and draft an area profile for each local authority area to better understand the local picture for gambling-related harm in each district.   She undertook to address this issue in the policy once the updated guidance is received.

The Mayor commented on how frustrating it is that the council does not seem able to control the growth and proliferation of gaming and betting shops in the town, following a lost appeal for a new gaming shop on the high street.  It is hoped that the government review may encompass a review of the criteria local authorities have to consider for future applications.  The Cabinet Member for Safety and Communities said that over the last couple of months she has looked to explore with officers what scope there is for the council to have more control over the concentration and numbers of betting and gaming shops in town.  This is currently addressed as a planning issue rather than a licensing one, and she looked forward to working on the issue in the future.   

RESOLVED THAT:

1. the current Gambling Act 2005 Statement of Principles, attached at Appendix 3, is re-adopted for a further three-year period.  ...  view the full minutes text for item 12.

Report of the Leader

The Leader introduced the report, saying that the constitution is a living, breathing rule book which needs to move with the times and be amended when necessary. She thanked the Constitution Working Group for their support, drive and help with the amendments proposed today.

There are several minor amendments, plus the following:

-       as a result of government revisions to the Procurement Act 2023, the council has more flexibility around the suppliers it uses, allowing it to look to engage local suppliers first; this benefits Cheltenham residents and the local economy;

-       the deadline for public and Member questions is currently seven working days before the date of the meeting, but it is proposed that where there is significant public interest, or a question is particularly urgent, the Leader, relevant Chair or Mayor can accept a question up to 48 hours ahead of the meeting.  This reflects feedback from Members and the public, who are reminded to use the Forward Plan to keep track of upcoming agenda items;

-       Audit, Compliance and Governance Committee will amalgamate with Standards Committee, which hasn’t met for many years, resulting in more streamlined governance.  In addition, there is a recommendation to allow independent persons to sit on the Audit, Compliance and Governance Committee. 

The Leader of the Green Party welcomed the amendment to the public question deadline, but asked whether there was any threshold for what would be defined as public interest and what would count as an urgent question.  The Leader said this would be at the discretion of the Leader or Chair of the meeting, but as a general rule if just one person raised an issue, it could probably wait until the next meeting but if 50 people raised the same issue, it would not be turned down.  Whether or not a late question is permitted will be decided on the basis of the questions that are submitted, and on the understanding that some of these will be genuine while others may be politically motivated.

RESOLVED THAT:

1.    the revised contract rules as set out in Appendix 1 are approved;

2.    the removal of decisions to award contracts made by the Cabinet or Cabinet Members from the call-in process, as set out in Section 3 of this report, is approved;

3.    the inclusion of an urgent question process for member and public questions as set out in Section 4 of this report is approved; 

4.    the responsibilities of the Audit, Compliance and Governance Committee and the Standards Committee are merged with effect from the next Annual Council meeting;

5.    from the next Annual Council meeting, the Audit, Compliance and Governance Committee will comprise of seven Elected Members plus two non-elected independent members

6.    Authority is delegated to the Monitoring Officer

a.    to make the necessary changes to the Constitution to reflect these decisions.

b.    in consultation with the Director: One Legal, to make any necessary changes to the Contract Rules, including any changes required to ensure compliance with guidance, policy, updated  ...  view the full minutes text for item 13.

Report of the Leader

The Leader introduced the report, saying that a large number of meetings are incorporated in the Council Diary in the best possible way to enable the maximum number of Members can be present.  She said a huge amount of work goes into compiling the diary, and although it can never be perfect, with some dates not easy for working people, and some meetings having to take place on particular days, she hoped that Members would approve and support the diary as set out for 2025-26.

There was no debate on this item.

RESOLVED THAT:

1.    the draft Council Diary of meetings for September 2025 - August 2026 is approved.

Report of the Chief Executive

The Chief Executive said the annual Order of Precedence sets out the order and eligibility of councillors to become Mayor, with the election taking place at the Annual Council Meeting in May.

He confirmed that Councillor Willingham has been nominated to be Mayor, and Councillor Horwood has been nominated to be Deputy Mayor for the municipal year 2025-26 

There were no questions or debate on this item. 

RESOLVED THAT:

1.    the Order of Precedence in Appendix ii is noted;

2.    Councillor David Willingham be put to the Annual Council Meetingfor election as Mayor for the Municipal year 2025-2026;

3.    Councillor Martin Horwood be put to the Annual Council Meeting for election as Deputy Mayor for the Municipal year 2025-2026.

There were none.

There were none.