Agenda and minutes

Overview and Scrutiny Committee - Thursday, 16th August, 2018 7.30 pm

Venue: Civic Suite, Gibson Building, Kings Hill, West Malling

Contact: Committee Services  Email: committee.services@tmbc.gov.uk

Note: (Road Closures) 

Items
No. Item

PART 1 - PUBLIC

OS 18/24

Declarations of interest pdf icon PDF 3 KB

Minutes:

There were no declarations of interest made in accordance with the Code of Conduct.

OS 18/25

Minutes pdf icon PDF 131 KB

To confirm as a correct record the Minutes of the meeting of the Overview and Scrutiny Committee held on 21 June 2018

 

Minutes:

RESOLVED:  That the Minutes of the meeting of the Overview and Scrutiny Committee held on 21 June 2018 be approved as a correct record and signed by the Chairman.

 

Decisions taken by the Committee

OS 18/26

Road Closures Review - Initial Report pdf icon PDF 197 KB

The report sets out the legal, financial and operational issues involved when considering future road closures for events in the Borough.

Minutes:

The report of the Chief Executive set out the legal, financial and operational issues involved when considering future road closures for events in the Borough.  Details were given of the two sets of powers available to allow temporary road closures.  It was noted that the purpose of the review was to explore whether the use of the Town Police Clauses Act 1847 (TPCA) remained the most appropriate legislation to use for all local events and, if not, the implications for the Borough Council and event organisers should the Road Traffic Regulation Act 1984 be used as an alternative.

 

Members were advised that Kent Police had concerns about the use of the TPCA for road closures for local events, especially those lasting a full day.  It was therefore suggested that in order to take forward the review, both the Police and Kent County Council be consulted to ascertain their views in relation to local road closures and information be obtained from other Kent district councils regarding their use of the TPCA or other procedures.

 

In expressing a general preference for retaining the use of the TPCA for local events, Members requested that a senior police officer be invited to the next meeting, together with a representative of the County Council, to explain and discuss their position.  It was considered that this would also provide an opportunity to examine the process for managing road closures under the TPCA to ensure that it was as un-bureaucratic and cost-effective as possible.

 

RESOLVED:  That the contents of the report be noted, a further report be presented to the next meeting of the Committee regarding the issues and consultations outlined in section 1.5 of the report and representatives of the Police and Kent County Council be invited to the next meeting to explain their views.

Matters submitted for Information

OS 18/27

Local Government and Social Care Ombudsman - Annual Review Letter 2017/18 pdf icon PDF 62 KB

Annual report of the Ombudsman regarding complaints received and dealt with over the past year.

Additional documents:

Minutes:

The report of the Chief Executive presented the annual report of the Ombudsman regarding complaints received and dealt with over the past year.  Members were pleased to note that of the complaints dealt with by the Ombudsman, there were no judgements against the Council, with five complaints closed after initial enquiries, three referred back for local determination and one case formally considered by the Ombudsman but not upheld.  The Chief Executive and Directors were commended for their care in handling complaints.

 

RESOLVED:  That the report be received and noted.

Matters for consideration in Private

OS 18/28

Exclusion of Press and Public pdf icon PDF 4 KB

The Chairman to move that the press and public be excluded from the remainder of the meeting during consideration of any items the publication of which would disclose exempt information.

Minutes:

There were no items considered in private.