Present at the meeting:
- The Mayor (Councillor J D O’Brien)
- The Deputy Mayor (Councillor R Winkworth)
- Councillor K Aldred
- Councillor M Aldred
- Councillor K Anderson
- Councillor N D Ash
- Councillor J B Baldwin
- Councillor S C Barnes
- Councillor Mrs A Bennett
- Councillor Mrs J Beswick
- Councillor Mrs J S Birch
- Councillor R M Bleakley
- Councillor Mrs B Bourne
- Councillor B Bowen
- Councillor N A Bradbury
- Councillor G M Bretherton
- Councillor H L Cadman
- Councillor W Carney
- Councillor R Clayton
- Doctor Councillor C M Cottam
- Councillor Mrs P Cullen
- Councillor K Cunliffe
- Councillor R J Derricutt
- Councillor M A Dewhurst
- Councillor Mrs S Dewhurst
- Councillor J Eccles-Churton
- Councillor B J Fagan
- Councillor Mrs D Fairhurst
- Councillor G A Fairhurst
- Councillors G W Fairhurst
- Councillor I A Franzen
- Councillor P R Franzen
- Councillor T W Halliwell
- Councillor J Hilton
- Councillor J D Hodgkinson
- Councillor Ms P L Holland
- Councillor Mrs J Hurst
- Councillor M Klieve
- Councillor Mrs S Loudon
- Councillor B Merry
- Councillor D T Molyneux
- Councillor J Moodie
- Councillor J A O’Neill
- Councillor Mrs J M Peet
- Councillor Mrs J Prescott
- Councillor P Prescott
- Councillor C Ready
- Councillor C Rigby
- Councillor W Rotherham
- Councillor Mrs E Smethurst
- Councillor P R C Smith
- Councillor R T Splaine
- Councillor C Sweeney
- Councillor J Talbot
- Councillor P Thompson
- Councillor Mrs A Turnock
- Councillor P A Tushingham
- Councillor F B Walker
- Councillor Mrs M J Whiteside
- Councillor N R Whittingham
- Councillor W J Wilkes
- Councillor B M Wilson
- Councillor M W Winstanley
52 Apologies for Absence: Councillors M Baines, A M L Bland, G Davies, Ms L E Fagan, J Haley, E N Houlton, Mrs B Jarvis, K W McManus, J Miller, A Robinson and G Wilkes.
53 Minutes: The minutes of the meeting of the Council held on 5 September 2007 were approved as a correct record and signed by the Mayor.
54 Mayor’s Communications: (a) Death of Councillor William Stanley Simmons: The Chief Executive referred to the death on 4 October 2007 of ex-Mayor and Councillor William Stanley Simmons.
Councillor Simmons was elected to Wigan Council in May 1990, representing the Hindley Green Ward.
Prior to serving at Wigan, he had served on the Hindley Urban District Council from 1961 to 1974 and was Chairman in 1968. Councillor Simmons also served on the former Greater Manchester Council from 1974 to 1986.
During his service at Wigan, he was a member of the Education, Planning and Public Protection Committees. In 2005, he became Vice-Chairman of Licensing and Regulation Committees and had been Vice Chairman of the Public Protection Committee and the Education (Finance and General Purposes) Sub-Committee.
Councillor Simmons was Deputy Mayor in 1993/94 and Mayor in 1994/95 and was a founder member of St John’s Boys Brigade in Hindley Green and the Wigan Battalion Boys Brigade.
He leaves behind a wife, Bessie, daughter Lorraine and a grandson Scott.
The Mayor had written to his family expressing condolences and a donation had been forwarded to Wigan and Leigh Hospice.
(b) Death of Ex Councillor Samuel Johnson: The Chief Executive referred to the death in August 2007 of ex Councillor Samuel Johnson.
Ex Councillor Samuel Johnson was elected to Ward 10 in the Leigh area in May 1976. He became Deputy Mayor for 1979/80, but was defeated at the election in May 1980.
Samuel Johnson leaves behind a wife, Jean, a son Tony who lives in Australia and a daughter Anne.
The Mayor had written to his family expressing condolences and a donation had been sent to the Royal National Institute of the Blind (RNIB), Talking Books.
(c) Death of Police Community Support Officer (PCSO) Christopher Maclure: The Chief Executive referred to the death, whilst on duty, on 10 September 2007 of PCSO Christopher Maclure, aged 21 years.
Christopher was described by his parents, Pauline and Donald Maclure as ‘sports-mad’ liking any form of sport, his greatest passion being for Everton Football Club. He joined Greater Manchester Police as a PCSO in January this year and was stationed at Bamfurlong police station, Wigan. Christopher leaves behind mum and dad, Pauline and Donald, 3 brothers, Steven, Ian and Stuart and fiancée Kelly.
The Mayor had written to the family expressing condolences.
Members of the Council expressed their condolences in respect of ex-Mayor and Councillor W S Simmons, ex Councillor Samuel Johnson and PCSO Christopher Maclure. All present stood for a moment as a mark of respect.
(d) Mayor’s Reception, Friday 26 October 2007: The Mayor extended his thanks to all the Members, Officers and their guests who attended the Mayoral Reception on Friday, 26 October 2007. It was a very enjoyable occasion. He also thanked all those people who were involved with the organisation of the event. Next year’s event would be held on Friday, 24 October 2008.
(e) Town Twinning – visit to Angers: The Mayor wished to place on record his appreciation to the Officers involved with the arrangements for the Town Twinning visit to Angers during the weekend of 6 to 10 September 2007. In particular, he thanked those who assisted with translations during the visit.
(f) Mayoral charity update: The Mayor advised that the total amount raised for the Mayor’s charity was, to date, £31,433.91, with some money outstanding.
(g) Further issues (if any): There were no further issues.
55 Casual vacancies: (a) The Chief Executive reported that, following the death of Councillor William Stanley Simmons, there was a casual vacancy for the Hindley Green Ward.
(b) The Chief Executive reported that Councillor Mrs Phyll Cullen had been elected to the Wigan West Ward at the by election on 20 September 2007 and the Mayor extended a warm welcome to her.
(c) The Chief Executive reported that Councillor Mrs Jean Margaret Peet had been elected to the Wigan Central Ward at the by election on 18 October 2007 and the Mayor extended a warm welcome to her.
56 Outstanding business from last Council meeting: There was no outstanding business.
57 Policy and budget framework: (a) Corporate asset management plan 2007/08: Further to Cabinet minute 193, the Council considered a report on the corporate asset management plan for 2007/08. The Plan set out the strategic framework within which the Council’s property objectives and asset management best practice would be delivered.
Resolved: The Council adopts the asset management plan 2007/08 now submitted as part of the policy framework.
(b) Licensing Act 2003 – Licensing policy statement 2008-2010: Further to Cabinet minute 195, the Council considered a report on the results of the consultation on the draft licensing policy statement and amendments proposed where appropriate.
Resolved: The Council:-
- notes the responses to the consultation exercise on the draft Licensing Policy statement;
- approves the amended licensing policy statement as part of the Council’s policy framework; and
- approves the publication of the amended licensing policy statement by 7 January 2008.
(c) Local code of corporate governance: Further to Audit Governance and Improvement Review Committee minute 39, the Council considered a report dealing with a revised local code of corporate governance based on updated CIPFA/SOLACE guidance.
Resolved: The Council adopts the local code of corporate governance now submitted and agrees to subsequent revisions to the local code being approved by Cabinet.
(d) Further issues (if any): There were no further issues.
58 Constitutional issues: (a) Changes in membership/appointment of Members to Committees/Panels (if any): The Council considered a report dealing with vacancies on Committees and Panels.
Resolved: (1) The Council appoints:-
- Councillor Mrs P Cullen to fill the vacancy on Audit Governance and Improvement Review Committee;
- Councillor P Thompson to fill the vacancy on Overview and Scrutiny Committee;
- Councillor R Clayton to fill the vacancy on Planning Committee;
- Councillor Mrs J M Peet to fill the vacancy on Regulation Committee;
- Councillor Mrs J M Peet to fill the vacancy on Licensing Committee; and
- Councillor Mrs J M Peet to fill the vacancy on Adult Services Panel.
(2) The Council notes the resignation of Councillor P Thompson from Regeneration Panel.
(b) Meetings of Regulation and Licensing Committees: The Council considered minute 44 of the meeting of the Regulation Committee requesting Council to reconsider its decision at minute 46(3) agreeing to future meetings of the Licensing and Regulation Committees being held on Wednesdays and not Fridays, in view of the fact the Members of the Committee had not been consulted in relation to the change of day.
Resolved: The Council notes the minute of the Regulation Committee and requests the Chief Executive to consult Members of the Licensing and Regulation Committees on the change of day and to report the findings to the next Council meeting.
(In view of this decision, Councillors G A Fairhurst and W Wilkes withdrew comments of which they had given notice in respect of this item).
(c) Appointment of representatives on outside bodies 2007/08: The Council considered a report requesting the Council to appoint a nominated representative to the certain vacancies on outside bodies during 2007/08. The report set out details of the nominations which had been received in respect of the vacancies.
Resolved: The Council makes the following appointments to outside bodies:-
| Outside Body |
Appointees |
| Leigh Educational Endowment (formerly Old Leigh Endowment and Miss Marsh Scholarship Fund). |
Mr E Guest - to be reappointed for 4 years from March 2007.
Mr B Dean - to be reappointed for 4 years from March 2007.
Mr A Dutton - to be reappointed for 4 years from September 2007.
Mr G Bent - to be reappointed for 4 years from September 2007. |
| SureStart 4 – Partnership Board (Shakerley and Tyldesley) |
Councillor B Bowen |
(d) Appointment of LEA representative governors: The Council considered a report which gave details of schools within the borough where appointments of Local Education Authority (LEA) representative Governors were required. The report also set out details of nominations that had been received in respect of some of the vacancies.
Resolved: The Council:-
- approves the Local Education Authority Governor nominations as set out in the report now submitted; and
- requests the Director of Children and Young People’s Services to advise the Local Authority appointed Governors of their terms of office as set out in the report.
(e) Quarterly monitoring of urgent items: The Council considered a report which drew Members’ attention to rule 16 of the access to information rules of the constitution regarding items of special urgency. The report gave details of one report which had been considered as an urgent item during the period 1 May to 31 August 2007.
Resolved: The Council accepts the report.
(f) Further issues (if any): There were no further issues.
59 Review of polling arrangements 2007: Further to Cabinet minute 189, the Council considered a report on the results of the consultation exercise on the Council’s polling arrangements 2007 carried out in accordance with the provisions of the Electoral Administration Act 2006.
Councillor Mrs J Beswick made a comment on this item.
Resolved: The Council
- accepts the report now submitted, including the replies to the consultation responses set out in appendix B to the report;
- takes no action on the proposals to redesignate the property formerly known as the Beer Engine as the polling place for polling districts WGB and MXA; or to relocate the polling place for polling district WAA (portable unit on the Hesketh Arms public house car park) into the public house;
- authorises a rolling programme of improvements to polling places to address the findings set out in appendix C to the report and to fund this work by carrying forward any underspendings on the municipal elections budget into the following year; and
- requests the Chief Executive to investigate and to report upon alternative premises for use as polling places where they are currently situated in schools that close on election day and for Lowton Road Methodist Church (closed) and 13th Leigh Scout Headquarters (access problems).
(Councillor J B Baldwin declared a personal and non prejudicial interest in this item because he is Honorary President of St Jude’s R.L.F.C.).
60 Questions and Comments under rule 8(1)(b) in relation to the deliberations of the Cabinet, Committees and Panels:
Councillor J D Hodgkinson asked a question on minute 4 of the meeting of the Appointments Committee (Business Support Services and Chief Executive’s Departments) of 17 October 2007.
Councillor R M Bleakley asked a question on minute 165 of the meeting of Cabinet (Implementation of review of pupils with emotional, behavioural, and social difficulties (ESBD) – property issues) of 20 September 2007.
Councillor P R Franzen asked a question on minute 177 of the meeting of Cabinet (Control of Ruddy Duck) of 4 October 2007.
Councillor J D Hodgkinson asked a question on minute 182 of the meeting of Cabinet (Supply of vehicles to Mears) of 4 October 2007.
(Councillor M W Winstanley declared a personal and non prejudicial interest in this item because he is a member of Wigan and Leigh Housing appointed by the Council).
Councillor M W Winstanley made a comment on minute 194 of the meeting of Cabinet (Annual review of Wigan Leisure and Culture Trust (2006/7), summary of delivery plan (2007/08) and summary of Audit Commission review of culture, sport and recreation services in Wigan (July 2007)) of 18 October 2007.
The Executive Leader (Councillor P R C Smith) responded to the above-mentioned questions and comment.
Councillor M W Winstanley made a comment on minute 47 of the meeting of Overview and Scrutiny Committee (Select Committee No 4 minutes – 16 August 2007) of 10 September 2007.
Councillor M W Winstanley made a comment on minute 50 of the meeting of Overview and Scrutiny Committee (Medium term financial plan 2008/11) of 10 September 2007.
The Executive Leader (Councillor P R C Smith) responded to the above-mentioned comments.
Councillor R J Derricutt asked a question on minute 33 of the meeting of the Planning Committee (Listing of Westwood Hall and attached cottage, Westwood Lane, Ince) of 11 September 2007.
The Chairman of the Planning Committee (Councillor J A O’Neill) responded to the above-mentioned question.
Councillor P R Franzen asked a question on minute 35 of the meeting of the Standards Committee (Direction of the Standards Board for England cases SBE17830.07 and SBE17831.07) of 25 September 2007.
Councillor P Thompson made a comment on minute 35 of the meeting of the Standards Committee (Direction of the Standards Board for England cases SBE17830.07 and SBE17831.07) of 25 September 2007.
The Executive Leader (Councillor P R C Smith) responded to the above-mentioned question and comment.
Councillor R M Bleakley asked a question on minute 31 of the meeting of the Children and Young Peoples Panel (Review of the Children and Young People's plan 2007) of 13 September 2007.
Councillor R J Derricutt asked questions on minute 32 of the meeting of the Children and Young Peoples Panel (Primary Capital Programme) of 13 September 2007 (Councillor Derricutt withdrew one question of which he had given notice).
The Cabinet Champion for Children and Young People’s Services responded to the above-mentioned questions.
Councillor R J Derricutt asked a question on minute 36 of the meeting of the Community Protection Panel (Government Green Paper – “Homes for the future: more affordable, more sustainable) of 17 September 2007.
(Councillor M W Winstanley declared a personal and non prejudicial interest in this item because he is a member of Wigan and Leigh Housing appointed by the Council).
The Cabinet Champion for Neighbourhood Services responded to the above-mentioned question.
Councillor P A Tushingham made comments on minute 30 of the meeting of the Environment Panel (Questions by Members at Panel meetings) of 26 September 2007.
The Cabinet Champion for the Environment responded to the above-mentioned question.
61 Questions (if any) under Rule 8 (1)(a): Councillor P R Franzen asked three questions of which he had given notice under Rule 8 (1)(a), to which the Executive Leader (Councillor P R C Smith) responded.
(Councillors W Carney, G A Fairhurst and W Wilkes left the room during consideration of the third question asked).
62 Notices of Motion: The Chief Executive and the Deputy Director of Legal and Property Services submitted a joint report on the competence and lawfulness of the motions which had been received.
(1) Councillor B J Fagan submitted the following motion, which was seconded:-
The Council recognises the need for a wider use of Designated Public Place Orders throughout the borough where there is evidence of alcohol related public disorder.
Securing these orders will give the police greater powers to make our town a safe and better place to live in and send out a message to the people who are involved in alcohol related crime and will control the consumption of alcohol in the area.
Anti-social behaviour and the consumption of alcohol are two areas that we need to control and give the police the powers to act and let the people feel safe in our town.
Councillor K Cunliffe moved the following amendment, which was seconded:-
This Council recognises the need for the use of Designated Public Place Orders throughout the borough where there is evidence of alcohol related public disorder.
These orders have been used successfully in the Borough in many of our town centre areas.
Securing these orders has given the police greater powers to make our towns a safer and better place to live. They also send out a message that alcohol related anti-social behaviour is unacceptable and that if these activities occur, this Council has and will use these Orders.
During the debate, Councillor Mrs S Loudon moved the following procedural motion, which was seconded:
This Council agrees to put the question now.
On the procedural motion being put to the vote, the Mayor declared it carried.
On the amendment being put to the vote, the Mayor declared it carried.
Councillor P R Franzen moved a further amendment, which was declared invalid.
The Mayor then put the original amendment as the substantive motion, which he declared carried and it was
Resolved: This Council recognises the need for the use of Designated Public Place Orders throughout the Borough where there is evidence of alcohol related public disorder.
These orders have been used successfully in the borough in many of our town centre areas.
Securing these orders has given the police greater powers to make our towns a safer and better place to live. They also send out a message that alcohol related anti-social behaviour is unacceptable and that if these activities occur, this Council has and will use these Orders.
(2) Councillor Mrs A Bennett submitted the following motion, which was seconded:-
This Council congratulates the Government for introducing free off-peak bus travel for over 60's and disabled people in England.
We are also delighted that GMPTA and AGMA have agreed to extend this provision in Greater Manchester to trams and trains.
We now call on the Government to give support to families by examining the possibility of introducing a national concessionary bus travel scheme for children and young people in full time education provided it is fully and fairly funded by central Government. This will benefit the children and young people of Wigan.
We are asking that three options are considered:-
- The introduction of a standard 50 pence bus fare across England.
- The long term objective of free bus fares in England.
- The extension of the 'Yellow Bus’ Scheme to all secondary schools.
Councillor P Thompson moved the following amendment, which was seconded:-
This Council recognises the Government’s decision to introduce free off-peak bus travel for over 60's and disabled people in England.
We are delighted that GMPTA and AGMA have agreed to extend this provision in Greater Manchester to trams and trains.
We now call on the Government to give support to families by examining the possibility of introducing a national concessionary bus travel scheme for children and young people in full time education provided it is fully and fairly funded by central Government. This will benefit the children and young people of Wigan.
We are asking that three options are considered:-
- The introduction of a standard 50 pence bus fare across England.
- The long term objective of free bus fares in England.
- The extension of the 'Yellow Bus’ Scheme to all secondary schools.
On the amendment being put to the vote, the Mayor declared it lost.
He then put the original motion, which he declared carried and it was
Resolved: This Council congratulates the Government for introducing free off-peak bus travel for over 60's and disabled people in England.
We are also delighted that GMPTA and AGMA have agreed to extend this provision in Greater Manchester to trams and trains.
We now call on the Government to give support to families by examining the possibility of introducing a national concessionary bus travel scheme for children and young people in full time education provided it is fully and fairly funded by central Government. This will benefit the children and young people of Wigan.
We are asking that three options are considered:-
- The introduction of a standard 50 pence bus fare across England.
- The long term objective of free bus fares in England.
- The extension of the 'Yellow Bus’ Scheme to all secondary schools.
(Councillors M Aldred, Mrs A Bennett and P R Franzen declared a personal and non prejudicial interest in this item because they are Members of the Greater Manchester Passenger Transport Authority appointed by the Council).
(3) The Executive Leader moved the following procedural motion, which was seconded:
This Council agrees that under Rule 20.1, the Council’s Rules of Procedure are suspended to allow the Council to consider a notice of motion received after the time limit set out in Rule 9.1.
On the procedural motion being put to the vote, the Mayor declared it carried.
Councillor P Thompson submitted the following motion, which was seconded:-
This Council commits to the provision of accessible library services to each and every resident of Wigan Borough.
Councillor J B Baldwin moved the following amendment, which was seconded:-
This Council continues its commitment to the provision of accessible library services to each and every resident of Wigan Borough.
On the amendment being put to the vote, the Mayor declared it carried.
The Mayor then put the amendment as the substantive motion, which he declared carried and it was
Resolved: This Council continues its commitment to the provision of accessible library services to each and every resident of Wigan Borough.
(Councillor C Rigby declared a prejudicial interest in this item because his daughter is employed by Wigan Leisure and Culture Trust and he left the meeting during discussion thereon. Councillor P R Franzen declared a prejudicial interest in this item because his wife is employed by Wigan Leisure and Culture Trust and he left the meeting during discussion thereon. Councillors S C Barnes and I A Franzen declared a prejudicial interest in this item because they are related to Councillor P R Franzen whose wife is employed by Wigan Leisure and Culture Trust and they left the meeting during discussion thereon. Councillors J B Baldwin and Mrs E Smethurst declared a personal and non prejudicial interest in this item because they are Members of Wigan Leisure and Culture Trust appointed by the Council).
