, 31 January 2025 - 14 February 2025

162.1      Resolved- That the confidential items listed on the agenda remain exempt from disclosure to the press and public.

This report requests Cabinet to note the 2024-25 in-year financial performance to Month 9 (December), approve any capital variations, reprofiling or new schemes, agree any exceptional financial measures, and agree any new reserves.

1)             Cabinet notes the forecast risk position for the General Fund, which indicates a potential forecast overspend risk of £3.310m.

2)             Cabinet notes the forecast outturn includes a forecast overspend risk of £1.522m on the NHS managed Section 75 services.

3)             Cabinet notes the forecast breakeven position for the separate Housing Revenue Account (HRA).

4)             Cabinet notes the forecast overspend risk for the ring-fenced Dedicated Schools Grant, which is an overspend of £1.276m.

5)             Cabinet notes the forecast position on the Capital Programme which is an underspend variance of £2.188m.

6)             Cabinet approves the capital budget variations and re-profiling requests set out in Appendix 6.

7)             Cabinet approves new capital schemes requested in Appendix 7.

8)             Cabinet notes the Treasury Management update as set out in Appendix 8.

This report sets out the Annual Procurement Forward Plan of planned procurements in excess of £1 million

1)             That Cabinet agrees the Procurement Forward Plan for 2025/26 as set out in Appendix 1.

2)             That Cabinet notes the Procurement Flow chart set out at Appendix 2.

This report requests approval of the HRA capital and revenue budget 2025-26 and recommendation to Budget Council.

That Cabinet:

1)             Approves a rent increase of 2.7% in line with government legislation as detailed in paragraph 3.12 of the report.

2)             Approves the service charges and fees as detailed in Appendix 2 to the report.

3)             Notes the 5-year capital programme as set out in Appendix 3 to the report.

4)             Notes the Medium-Term Financial Strategy (MTFS) and 30-year financial projections shown in Appendix 4 to the report.

5)             Notes and recommends to Full Council for approval the HRA Revenue Budget for 2025/26 as outlined in table 1of the main report and Appendix 1.

6)             Notes and recommends to Full Council for approval the new Capital Programme Budget of £77.765m for 2025/26 be agreed as part of the revised capital budget of £111.098m (which includes reprofiles of £33.333m from 2024/25).

7)             Notes and recommends to Full Council approval of the earmarking of £1m reserves against disrepair claims for 2025/26.

8)             Notes and recommends to Full Council for approval the 5-year capital programme as set out in Appendix 3 to the report.

1)             That Cabinet approves the Sussex Visitor Economy Strategy for Growth 2024 – 2034 (Appendix 1).

That Cabinet recommends to Council the following:

1)             That Council approves the Administration’s proposed General Fund revenue and capital budget and Council Tax increase on the Brighton and Hove element of the council tax for 2025/26, comprising:

i)      A general Council Tax increase of 2.99%;

ii)     An Adult Social Care Precept increase of 2.00%;

iii)   The council’s net General Fund budget requirement for 2025/26 of £264.819m;

iv)   The 2025/26 budget allocations to services as set out in Appendix 1 incorporating budget savings proposals detailed at Appendix 2, subject to the amendment below:

v)    The changes to Fees & Charges set out in Appendix 3;

vi)   The one-off resource allocations as set out in the table at paragraph 6.5.

vii)  A recommended working balance of £9.000m (approximately 3.4% of the net budget) to be maintained or replenished over the period of the Medium Term Financial Strategy.

2)             That Council notes plans to address future projected budget shortfalls set out in the 4-Year Medium Term Financial Strategy at Appendix 4.

3)             That Council approves the Capital Strategy for 2025/26 at Appendix 5 comprising:

i)      Funding for investment in transformation and change, supported by the flexible use of capital receipts as set out in paragraph 10.12;

ii)     The capital resources and proposed borrowing included at Annex A of the Capital Strategy;

iii)   The Capital Investment Programme for 2025/26 of £246.946m included at Appendix 5 incorporating allocations to strategic funds.

4)             That Council approves the Treasury Management Strategy Statement as set out in Appendix 6 comprising:

i)      The Annual Investment Strategy;

ii)     The Prudential and Treasury Indicators;

iii)   The Minimum Revenue Provision policy;

iv)    The authorised borrowing limit for the year commencing 1 April 2025.

5)             That Council notes and considers the Equalities Impact Assessments to cover all relevant budget proposals as set out in Appendix 7.

6)             That Council further notes that approval of the budget is an indicative resourcing decision to be taken in the context of the explanation given in the Legal Implications in Section 19.

7)             That Council notes that supplementary information needed to set the overall council tax, including a detailed Budget Book, will be provided for the Budget Council meeting as listed in paragraph 12.1.

8)             That Cabinet agrees that the council’s S151 Chief Financial Officer be authorised to make any necessary technical, presentational or consequential amendments to this report before submission to Budget Council.

9)             Following the announcement of the Public Health Grant on 7 February 2025 and the higher than anticipated grant announcement, Full Council approve use of these additional resources to:

·        Reduce the proposed reduction of contribution to the Healthy Child programme from £100,000 to £50,000 shown on Page 340;

·        Remove the £4,000 proposed saving on YMCA Mental Health Champions (part of proposed savings of £44,000 on Page 340);

·        Remove the proposed saving of £35,000 for cessation of the Audio Active CYP service (part of proposed savings of £44,000 on Page 340);

·        Remove the proposed £20,000 saving on Mental Health Support Services         on Page 341;

·        Remove the proposed saving of £45,000 on the Ageing Well service delivered by Impact initiatives on Page 342;

·        Remove the proposed reduction in contribution of £18,000 to the Academic Library Service (part of proposed savings of £73,000 on Page 342);

·        Remove the proposed reduction of £10,000 to the TDC Act on Cancer Project screening promotion service (part of proposed savings of £73,000 on Page 342);

·        Remove the proposal to reduce the contribution to Oral Health promotion by £9,000 (10%) as shown on Page 342, and;

·        Reduce the proposed staffing saving of £565,000 by £39,000 to £526,000 as shown on Pages 342/343.

RESOLVED:

2.1      That Members agree the following:

2.2      Remove the requirement for Operators to have 20% of the fleet wheelchair accessible when their fleet reaches 100 vehicles.

2.3      To be considered suitable to hold a Brighton & Hove Operator Licence, operators must provide wheelchair accessible services to disabled passengers in wheelchairs.

2.4      Allow proprietors with a compulsory wheelchair accessible vehicle who are unable to drive a wheelchair vehicle due to a medical or physical reason to transfer their compulsory wheelchair accessible vehicle and then be issued new plate for a Compulsory Fully Electric, Plug in Hybrid or Wheelchair Accessible Vehicle.

2.5      Wheelchair accessible vehicles may exceed the normal age limit for a maximum of 4 years until 1st April 2027.

2.6      Fully electric vehicles to be licensed up to 15 years from date of first registration.

That the Petition be noted.

1)     That the report, recommendations and Minutes Extract of the Audit, Standards & General Purposes Committee held on 28 January 2025 be noted.

2)     That full Council approved the proposed new Contract Standing Orders at Annex 1 with effect from 24th February 2025.

3)     That full Council delegated authority to the Council’s Monitoring Officer to amend the council’s Constitution to incorporate the proposed Contract Standing Orders when the new Procurement Act 2023 comes into effect, and to make amendments to Appendix 1 of the new Contract Standing Orders as legislative, technical or organisational changes require.

Resolved to:

1)     Request that the Leader of the Council write to the University Hospitals Sussex NHS Trust to request that :-

a.     A a contingency plan is put in place for adding short-term capacity while redevelopment is in progress.

b.     A detailed analysis is shared with the Council of the planning, specification and futureproofing of the new look A&E, with updated time scales for delivery.

2)     Request officers to consider, alongside local NHS providers, how to reduce demand through enhanced signposting and redirection, as well as through increased take up of vaccinations against flu, covid and other respiratory diseases.

Resolved to:

1)     Continue fighting for the best funding deal for local government and residents in Brighton & Hove.

2)     Ensure that staff are made aware of the opportunities open to them to join a Union

3)     Welcome the recent increases in funding to local government, and the significant reduction in the budget gap faced by this authority for 2025/26.

4)     Continue to make the case for sustainable long-term funding for local government in the upcoming spending review.

5)     Welcome the reintroduction of public engagement in the budget setting process this year, including an online budget simulator, and to encourage further such activities in future budget years.

Resolved to:

1)     Prioritise children receiving the best education possible either within the Local Authority or as part of an academy chain or free school as it works to develop its “family of schools” and all other policies relating to education.

2)     Acknowledge the legal right of schools to enter into discussions with academy chains and urge that they do so with information that is fair and balanced on the benefits of the high quality offer that the local authority provides to help ensure our children do continue to receive quality education and parents do have choice.

Resolved to:

1)     Request the Administration to undertake its annual review of the city’s 400 grit bins, while looking at additional sites for some relocated grit bins and grit drops as requirements necessitate.

2)     Thank officers for their prompt response as the council dealt with the sudden heavy snowfall across Brighton and Hove this month when heavy rainfall was forecast.

3)     Thank members of the community who came out to help others as well as to clear snow and ice, such as farmers who rescued cars in Woodingdean, school communities who helped colleagues, and residents who helped assist their neighbours in a wonderful show of solidarity.

That full Council

1)     Noted the report, recommendations and Minutes Extract of the Special Cabinet meeting held on 9 January 2025.

That full Council

1)     Noted the proposed review of the members allowances scheme to take place in March 2025;

2)     Approved the appointment and re-appointment of IRP Panel members for a period of 3 years as set out at paragraph 3.7 – 3.8 of the report.

1)     That the budget protocol outlined in Appendix 1 be approved for use at the Budget Council meeting on the 27 February 2025.

2)     That the Legal Advice Note as set out at Appendix 2 be noted.

1)     That Full Council adopts the pay policy statement for 2025/26 attached at Appendix 1.

Licensing Act 2003 – Licensing Panel Hearing Notification of the Determination

Licensing panel hearing held via Teams on Monday 3rd February 2025 in respect of the application for a new premises licence in respect of premises known as Cardamon, 119 St James’ Street, Brighton, BN1 2HA.

The panel has considered the report with the relevant representations made. It has listened carefully to all the points and submissions made at the hearing. In reaching its decision, it has had due regard to the Council’s Statement of Licensing Policy (SOLP) and section 182 guidance.

The application is for a new premises licence, for an Indian restaurant authorising the sale of alcohol on the premises every day 10:00 to 00:00 hours and late night refreshment 23:00 to 00:00. The application is within the Cumulative Impact Zone (CIZ) and therefore subject to the special policy on cumulative impact as set out in the Statement of Licensing Policy.

Our policy states that applications for new premises licences will be refused following relevant representations unless the applicant has demonstrated that their application will have no negative cumulative impact. The special policy will only be overridden in exceptional circumstances.

However, the policy is not absolute. Upon receipt of a relevant representation, the licensing authority will always consider the circumstances of each case and whether there are exceptional circumstances to justify departing from its special policy in the light of the individual circumstances of the case. If an application is unlikely to add to the cumulative impact of an area, it may be granted.

Representations were received from Sussex Police, and the Licensing Authority. The representations raised the licensing objectives of the prevention of crime and disorder, the protection of children from harm, public safety and cumulative impact.

There are unusual circumstances relating to this application in that a premises licence has been in existence previously but has lapsed twice necessitating the current application.

Both the police and licensing authority have no confidence in the applicant to be able to adhere to conditions on the licence or promote the licensing objectives. This was due to their previous dealings with the premises and licence holder which are detailed in their representations. In relation to a second follow up visit in December 2024 when breaches of conditions were still in evidence the police issued a final warning letter. It then came light that the applicant’s premises licence company had been dissolved some months previously and so the licence had lapsed. The hours applied for were also contrary to the current planning permitted hours. Because of their concerns both the police and licensing asked the panel to refuse the application.

The applicant’s agent addressed the panel and made the following submissions. The situation with the company was an administrative oversight and his client gained nothing from it and should not be criticised for this, and but for this oversight the licence would be in place today. There has been a licence at this site since 2005.This should constitute exceptional circumstances. Mr Islam was not involved at the initial time of police involvement and only really since December 2023. He is now the business owner and does all the front of house work. Licensing was new to Mr Islam and he put off installing CCTV due to the expense. Planning had not made a representation and was a separate regime. The submission was made that the final warning issued by the police in December 2024 meant that they were content for him to continue with the licence and yet despite no new evidence their representation submitted shortly after stated no they had no confidence in him and this was unfair. The applicant would be the only member of staff selling alcohol and was trained and would train other staff. The applicant would be compliant going forward, had learnt much and had assistance from the agent.

During questions from the panel and others, doubts were raised as to the ability of the applicant to run the business himself and be on the premises at all times 7 days a week. It was stated that his wife sometimes helps out.

The panel has carefully considered this application on its merits and in light of the concerns raised by the Responsible Authorities and submissions on behalf of the applicant. The panel is very mindful of the location of these premises in the CIZ and in particular St James’s street which suffers from relatively high levels of crime and disorder.

Taking the history of these premises into account and the previous breaches of licence conditions and lapses of the licence, the panel does not have confidence that the applicant will operate these premises in accordance with the requirements of the licensing regime and conditions on the licence. The responsible authorities have intervened and given advice but still issues have remained. Respectfully, the panel does not construe the police ‘final warning’ on the 5th December 2024 as a demonstration of their confidence in the licence holder, and in the context of a new application after a further lapse of the licence it understands why representation was made by the police and joined by the Licensing Authority. The panel is also concerned about the ability of the applicant to be on the premises all the time and cope with the demands of operating the licence including administrative requirements which he has not shown himself capable of in the past, and this gives further cause for concern. Overall the panel shares the concerns of the responsible authorities and considers that granting this licence in the CIZ in this location is likely to undermine the licensing objectives and therefore the application is refused.

The minutes of the panel will be available on the Council’s website under the rubric ‘Council and Democracy’.

Consideration was given to a report of the Cabinet Member for Children, Families, Youth Services and for Ending Violence against Women and Girls

DECISION -

The Cabinet Member for Children, Families, Youth Services and for Ending Violence against Women and Girls is asked to:

Agree that the policy can be ratified and used by all relevant council teams.

Note that our strategic partners for working with families (Amaze and PaCC) have been consulted throughout the policy development. PaCC are facilitating further work with parents and our young people are being consulted about a young person’s guide to personal budgets and direct payments.

Note that our staff teams have been introduced to the new policy and have developed working processes within the service teams to deliver to it. Processes have been piloted over the autumn term 2024.