Agenda and draft minutes

To confirm as a correct record the Minutes of the meeting held on 18^th September 2024 (previously circulated).

The minutes of the meeting held on 18^th September 2024 were approved as a correct record.

To receive apologies for absence, if any.

Apologies for absence were received from Councillors Bonkur, Boulton, Crofton, Lass, Sarson and Trigg.

The Mayor will receive petitions (limited to the first three petitions presented).

No petitions were received.

A period of thirty minutes will be made available for questions to be put by Members of the public to Members of the Cabinet on matters for which the Council has a responsibility or which affect the Borough.

No questions were received.

To note declarations of Members’ disclosable pecuniary interests, non-disclosable pecuniary interests and non-pecuniary interests in respect of items on the Agenda.

Councillors Kingsbury, Thusu and Zukowskyj declared interests as Hertfordshire County Councillors.

To receive any announcements from the Mayor, Leader of the Council, Member of the Cabinet or the Head of Paid Service.

The Chief Executive, Ka Ng, introduced the Staff Achievement video highlighting the work of officers.

Mayor

“Thank you to those who attended my Italian Night in October, we raised a fantastic amount of £1400 for my chosen local charity, Herts Young Homeless. In total so far, we have raised just over £4,618 which is brilliant, and I hope we can continue to raise more with my future events.

In connecting with our different cultural communities, I have attended the local synagogue and also attended Diwali festival in Hatfield. We connected with the Romanian community in Hatfield when they had a cultural day in Hatfield a few weeks ago. I also opened the Ukrainian Saturday School a few weeks ago, and attended the Polish Independence Day celebration at the Polish Saturday School with all the children singing, reciting poetry and I also learned the Polish national anthem.

Thanks to those of you who are attending my quiz night on Friday to raise money for my chosen charity, Hertfordshire Young Homeless. The event has proved very popular so if you were unable but would still like to make a donation, please visit my Just Giving page. Please also note in your diaries my gala dinner next year. More details to follow which will be held at Mill Green Golf Club on Friday the 7th of March 2025.

We were saddened to hear of the passing of former WHBC Councillor James Bond who died in hospital on Saturday 26^th October at the age of 83, following a long illness.  

James served as a Conservative councillor for Hatfield Central up until last year and was a county councillor for three years as a member of HCC’s Environment Cabinet Panel, representing the residents of the Hatfield North division. 

He also served as a Hatfield Town Councillor for the Central and Newgate Street Village Wards and was Hatfield Town Mayor between 2022 and 2023.”

Leader of the Opposition – Councillor Kingsbury

“Thank you Mr. Mayor for the opportunity to remember and honour Edwin James Bond,

known to us all as James Bond.

James passed away as you said on Saturday the 26^th of October at the age of 83, with his family at his side at the Lister Hospital in Stevenage.

My first memory of James was in the run-up to the May 2019 election. He applied to be a candidate in Hatfield Central and worked incredibly hard to achieve a good result. He only missed being elected by just under 150 votes, not a bad result for us in that ward at that time.

I recall how eager he was to stand again in May 2020. However, as we all remember, a global pandemic delayed the borough elections by a year. When 2021 came, and with it also an election for Town, Borough and County, his hard work in Hatfield earned him the opportunity to stand for all three positions, with hopes of perhaps winning at least one. One of my fondest  ...  view the full minutes text for item 129.

For a period of up to thirty minutes, a Member of the Council who has given prior notice in accordance with Council Procedure Rule 15, may ask (a) the Mayor, (b) the Leader of the Council or (c) a Member of the Cabinet a question on any matter in relation to which the Council has powers or duties or which affects the Borough.

The questions received for this meeting are attached.  A Member asking a question may ask, without giving notice, one supplementary question of the Member to whom the first question was asked.  The supplementary question must arise directly out of the reply.

1.    Question by Councillor Kingsbury to the Executive Member Environment

“The new contract for environmental enforcement with District Enforcement has raised significant concerns among local businesses. I am sure we all agree on the need for enforcement against fly-tipping and genuine environmental damage. However, in Welwyn, several businesses have been threatened with fines for minor, technical issues related to waste disposal—without warning or time to correct the situation—despite their efforts to act responsibly and in an environmentally friendly manner. Given that District Enforcement is paid based on the fines they issue, with the council also receiving a portion of the revenue, there appears to be an incentive to pursue minor infractions rather than focus on serious environmental offenders. Does the portfolio holder agree that enforcement should prioritise genuine environmental risks rather than penalising minor non-compliance, which risks harming the local economy and discouraging responsible businesses?"

Answer

“It's fun that we have two similar questions so things might be not included but I'm saving them later.

So in the government's 2023 Anti-Social Behaviour Action Plan it describes the plague of littering and fly tipping and actively encourages councils to use a full range of powers to deal with these issues. Indeed, it is a priority of this Administration that we tackle the scourge of dump rubbish and waste offenses and feedback tells us that residents and businesses are also supportive of this.

The contract with district enforcement is part of our approach to preventing and tackling waste crime through inspections and enforcement of littering, fly tipping, and making sure that businesses have proper arrangements in place

for the disposal of their waste, known as duty of care inspections.

The launch of this contract was supported with communications to councillors, residents, and businesses and this will continue. Much of the incorrectly disposed refuse ends up in the wrong waste stream, or in some cases, as littering or fly tipping.

The legislation surrounding duty of care has been in since 1990, some 34 years. And just as a reminder to the Council, I was born nine years after that. Businesses are given the opportunity to demonstrate that they have had proper waste disparagements in place, i.e. contracts. If they are unable to demonstrate this, then a fixed bounty notice is issued. The council has been pleased to note that today, some 84 % of businesses have been found to be in compliance with this duty of care legislation.

We do not consider failure to have suitable arrangements in place to dispose of waste to be a minor or technical non -compliance. It is not fair to those businesses that have their suitable waste disposal in place. Fixed penalty notices are not issued by DL unless there is evidence of a waste defence.

If businesses and residents comply with their duties regarding the proper disposal waste, then they will not be issued with fixed penalty notices. If businesses believe that they have not committed an offence, they are able to make a representation on  ...  view the full minutes text for item 130.

To consider recommendations from the meetings of the Cabinet on 5^th November 2024:

The Council considered the following items recommended to Full Council at the Cabinet meeting held on the 5^th November 2024:

The report can be found at Agenda Item 7a on the following link:

Agenda for Cabinet on Tuesday 5th November 2024, 6.30 pm – Welwyn Hatfield Borough Council

Councillors Broach and Jones moved and seconded the Council Tax Support Scheme.

The Council’s Council Tax Support Scheme replaced council tax benefits in April 2013. The scheme was based on a broad framework agreed as part of a consultation undertaken with Hertfordshire County Council, Hertfordshire Police and Crime Commissioner and other interested parties.

Councillors raised the following points during the debate:

·         Concerns were raised regarding agreeing the Council Tax Support Scheme prior to the Council’s budget being agreed.

·         It was highlighted that the Scheme had been proposed to support the most vulnerable residents in the borough.

·         The report stated that an Equality Impact Assessment had not been completed as there had been no changes. It would be important to review this to ensure that no groups are excluded, and the impacts of the Winter Fuel Allowance.

·         It was noted that a high demand for Council Tax support could result in collection fund deficit. It was queried what the Council would do to mitigate this risk. In response, the Executive Member (Resources) confirmed there was a cross-party Budget Task & Finish Group and all parties would have the opportunity to input into the budget process.

·         The Scheme was implemented in 2013 to support vulnerable residents in the borough. 

·         It was suggested that the personal independence payment inclusion should be reviewed as not everyone included in this group would be considered vulnerable.

RESOLVED:

(unanimous)

Full Council agreed that the localised Council Tax Support Scheme continues in 2025/26 to help people on low/no income to receive a reduction on their council tax. 

The report can be found at Agenda Item 14 on the following link:

Agenda for Cabinet on Tuesday 5th November 2024, 6.30 pm – Welwyn Hatfield Borough Council

Councillors Thorpe and Panter moved and seconded the report.

In connection with the Gambling Act 2005 the Council is obliged to have regard to promoting the statutory licensing objectives contained in the Act. These are:

·         Preventing gambling being a source of crime and disorder, being associated with crime and disorder or being used to support crime; 

·         Ensuring that gambling is conducted in a fair and open way and protecting children; and

·         Other vulnerable persons from being harmed or exploited by gambling. 

The Council’s Statement of Principles (Gambling Act Policy) aims to set out in general terms what policy decisions the Council has taken to achieve these licensing objectives. The Statement of Principles (Gambling Act policy) is based on the Act, statutory regulations and guidance.

During the discussion the following points were raised:

·         County Council had different figures for gambling establishments in the borough.

·         It was highlighted that there were not many gambling spots in the borough.

·         There was an increase in online gambling.

RESOLVED

(unanimous)

Full Council agreed the revised Statement of Principles under the Gambling Act 2025-2028, and the proposed changes to the Gambling Policy.

To consider notices of motions submitted under Procedure Rule 16 in such order as the Mayor shall direct.  The motions received for this meeting are attached.

No motions were received.

Report of the Assistant Director (Legal and Governance).

Councillors Holloway and Quinton moved and seconded the proposed Committee Table for 2025/26.

RESOLVED:

(unanimous)

The Committee timetable for 2025/26 was agreed.

To consider any matters of urgency subject to the agreement of the Mayor in accordance with Procedure Rule 5.1(s).

There were no items of urgent business.

The Mayor did thank members for attending Remembrance Sunday events in the borough.