Suspension - Park Avenue
8 vehicle lengths of the permit parking place from 2
to 4 Park Avenue from 8am to 6pm on 8th April 2019.
To facilitate utility works

1.     Take all steps necessary to commence the tender to appoint a preferred contractor(s) to carry out the refurbishment works to the Watford Colosseum (roof, windows and structure) and replacement of the building management systems and associated plant/equipment, including securing vacant possession of the building prior to the commencement of the works.

2.     Take all steps necessary to commence the retender process for the Watford Colosseum management contract

1.     Take all steps necessary to commence the tender to appoint a preferred contractor(s) to carry out the refurbishment works to the Watford Colosseum (roof, windows and structure) and replacement of the building management systems and associated plant/equipment, including securing vacant possession of the building prior to the commencement of the works.

2.     Take all steps necessary to commence the re-tender process for the Watford Colosseum Theatre management contract.

The committee received the external auditor’s Audit planning report for the year ending 31 March 2019.

Maria Grindley, from EY, advised the committee that the key section within the repot was the overview of EY’s 2018/19 audit strategy.  This highlighted the risks identified by the external auditor for the upcoming audit of Watford Borough Council.  She explained that where a risk was identified as ‘significant risk’ it was required to review the specified area of focus and not because the auditor had concerns about the council’s management.  It provided the committee with an understanding of the assurance provided when the auditors gave their opinion.  An explanation was provided in the final column.  The inherent risks identified on page 52 of the agenda had been highlighted as they were complex areas.

Following a question from Councillor Khan about risks due to an increased investment portfolio, Maria Grindley responded that the risks were identified depending on the size of a council’s investments.  The auditor’s role was to monitor the investment and ensure there were no problems.

In response to a question from Councillor J Johnson about Croxley Business Park, Maria Grindley advised that the business park had been included due to the size and complexity of the investment.  The external auditor would review whether it had been accounted for, disclosed and processed properly.

The Head of Finance informed the committee that the interim audit had started and the external audit team had been on site for the last week.  There had been good engagement between the auditors and the finance officers. 

Maria Grindley wished to reciprocate the Head of Finance’s comments, who had been very helpful to the team.  Currently there were no concerns about the timeliness of the work.

Following a question from Councillor Khan, the Head of Finance stated that the figure shown for the council’s total reserves would be checked and an update provided to the committee.

RESOLVED –

1.      that the Watford Borough Council Audit planning report for the year ended 31 March 2019 be noted.

2.      that the level of reserves referred to on page 58 of the agenda be checked and the committee provided with an update.

The committee received the annual report from the external auditor on the certification of claims and returns for 2017/18.

Jo Taylor, from EY, highlighted key aspects of the report for the committee.  She explained that the report summarised the work carried out by EY on Watford Borough Council’s 2017/18 housing benefit claim.  She acknowledged that the council had made progress in implementing the recommendations from the previous report.  She advised that there had been some errors however they had not warranted further investigation.

RESOLVED –

that the Watford Borough Council Certification claims and returns annual report 2017/18 be noted.

The committee received a report of the Shared Internal Audit Service (SIAS) that provided an update on SIAS’s work on the audit plan for 2018/19 and outstanding recommendations. 

The Client Audit Manager provided an update on data since the publication of the report.  He assured the committee that all planned projects should be at the draft report stage by the end of March.  There had been one request to extend the implementation date for one recommendation, which the committee would need to consider.  He noted that there were far fewer outstanding recommendations compared to the last year or two.  The report also contained information about the cancellation of the Commercial Strategy audit, which had been moved to 2019/20.  The ten days set aside for the audit had been returned to contingency, some of which had been used to carry out additional testing of some of the existing key financial systems audits.

The Head of Finance thanked the committee for previously raising concerns about outstanding recommendations and requesting updates by the relevant officers.

The Chair noted that most of the recommendations were now being completed in time.  He noted the outstanding recommendations regarding National Non-domestic rates and Council Tax.

The Client Audit Manager advised that officers had said they were confident the recommendations would be addressed in the indicated time, i.e. 31 March 2019.  He said that he would be able to provide further information to the committee if required.

It was agreed that the Client Audit Manager would email the committee once he was able to provide a further update.

Following comments about the delays in the Tree Surveying recommendations from 2016/17, the Client Audit Manager advised that in December the committee had agreed to the deadline being extended to July 2019.  It was agreed that officers would be asked to have completed the recommendations by the current deadline. 

RESOLVED –

1.      that the Internal Audit Progress Report for the period to 22 February 2019 be noted.

2.      that the amendments to the Audit Plan be approved.

3.      that the removal of implemented recommendations as set out in Appendix C be agreed.

4.      that officers be informed that the Committee expects the tree Surveying recommendations to have been completed by the revised deadline.

5.      that the change to the implementation date for one recommendation be agreed.

6.      that the Client Audit Manager informs the committee of the progress in completing the Council Tax and National Non-domestic Rates audit recommendations with a 31 March 2019 target date prior to the next meeting.

The committee received a report of the Shared Internal Audit Service setting out the 2019/20 Internal Audit Plans for Watford Borough Council and Shared Services.

The Client Audit Manager explained that the plans set out the proposed audits for the year ahead.  This followed discussions with Heads of Service and attending management meetings.  He added that the audits tended to be back loaded and therefore it would appear that the work was going slowly at the beginning of the year.

RESOLVED –

that the proposed Watford Borough Council and Shared Services Internal Audit Plans for 2019/20 be approved.

The committee received a report of the Head of Finance setting out the accounting policies to be adopted in the preparation of the 2018/19 Statement of Accounts.

The Head of Finance informed the committed that two new standards had been introduced for 2018/19, details were included in the report.  The accounting policies for 2018/19 incorporated the changes.

RESOLVED –

that the accounting policies to be adopted in the preparation of the 2018/19 Statement of Accounts be noted.

The committee received a report of the Head of Democracy and Governance which provided councillors with the annual report of the council’s recourse to using the Regulation of Investigatory Powers Act (RIPA).  It was noted that no authorisations had been required over the last year. 

The Head of Democracy and Governance informed the committee that all authorised officers had undertaken refresher training.  This had been recommended by the IPCO during its RIPA inspection.

RESOLVED –

that the committee notes that no RIPA authorisations have been made in this last financial year.

The Senior Licensing Officer introduced the report and explained that the committee was asked to consider an amendment to the council’s taxi policy to enable the use of the national register of revocations and refusals (also referred to as NR3) for hackney carriage and private hire drivers as set up by the National Anti-Fraud Network and the Local Government Association.

The Senior Licensing Officer explained that the register had been launched in July 2018 in response to concerns that taxi and private hire drivers who had their licences revoked or refused by one authority were successfully obtaining licences from other licensing authorities.  The register would be a useful tool in addition to existing checks which were not proposed to change.

A consultation had been carried out and no formal responses had been received.  Verbal responses received had been included in the report.  Also contained in the report were the proposed policy wording based upon guidance from the LGA and proposed letters to be sent to existing and former licence holders in accordance with data protection legislation.

The register would not be public, just shared between local authorities, and the council would need to enter a data sharing agreement with the National Anti-Fraud Network.

Following a question from the committee, the Senior Licensing Officer explained that the police were already consulted and the council had a data sharing agreement in place.  The police could provide information to the council on non-conviction notices e.g. an abduction notice which could be in place to disrupt an adult’s contact with a child in order to stop a particular association.

The Environmental Health and Licensing Section Head commented that Watford was taking a pro-active approach in using the register.  It was also confirmed that by being on the register it would not mean that a person could not get a licence but that each case would be considered individually.  All drivers were aware of the change.

RESOLVED – 

That the Guidelines to the Grant of Hackney Carriage, Private Hire Driver and Operator Licences be amended to include that the Council will be using the NR3 database to both log drivers who have either had their applications to be a Hackney Carriage/Private Hire Driver refused or revoked on the grounds that they are not a fit and proper person and to check all new applicants for a Hackney Carriage/Private Hire Drivers Licence, and should the check reveal a disclosure from another Licensing Authority that the Council will make all necessary enquiries to that Licensing Authority to enable it to make a decision on whether to grant the applicant a licence.

Suspension - Whippendell Road
10 vehicle lengths of the permit parking place outside 39 to 71 Whippendell Road, from 8am, 8th April 2019 to 6.30pm, 21st April 2019
To facilitate utility works

Councillor Collett introduced the report and explained that Watford needed to have a strong brand and identity.  There would be a new brand: ‘Watford: We Will Surprise You’ in order to raise the town’s profile and attract businesses.  As well as the town centre with the new intu centre and Warner Brothers attraction, Watford needed to be a greater part of the tourist offer with award winning parks and free events.  The new brand and website would be owned by the council and the day to day management of the service would be managed by a commissioned service from the Watford BID.  The Council would be part of the Destination Management Board.

The Managing Director commented that partnership funding would be sought and there was good dialogue with West Herts College, Warner Brothers and the BID.  There had also been discussions with the Watford Observer about collaborating to promote the brand and to get feedback and input from residents. 

Councillor Bell asked questions regarding footfall at the top of town and how to revitalise Queens Road.  The Mayor responded that he wanted to ensure there was growth across the town.  Following the opening of the new cinema and bowling, there had been a 27% increase in footfall in the town centre.  Warner Brothers were looking at ways to increase visitors’ dwell time in the town.  The Big Events at the top of the town were being reviewed but there had been no decision yet on a permanent new attraction.  There was still vibrancy in Queens Road and the council was always working closely with the businesses.

Cabinet discussed that whilst high streets nationally were in crisis Watford was experiencing growth.  The new destination management plan would encourage new ideas in areas which were less vibrant presently to create a whole town effect and change perceptions of Watford.  Work was being carried out on Clarendon Road to look at the journey for visitors from Watford Junction in order to get the signage right.  The new branding would integrate with other brands within the town such as the large ‘W’ brand and the consultants would provide guidelines on this. The Mayor was part of a Town Centre Taskforce to ensure that the top of town was a welcoming area.

            RESOLVED

            That Cabinet agrees:

1.         To approve the overall destination management strategy.

2.         To endorse the new brand development and approve the proposal from the Watford BID attached to the report as the Destination Management Organisation (DMO) service provider.

Councillor Williams explained that the procurement exemption related to matters carried forward from the previous market contractor.  SSE had carried out a compliance assessment of the site and found that repair and maintenance works were required to the lighting and electrical systems.  Two quotes had been obtained and the works started.  The downlights were an issue which had been raised by the traders, they would be on a timer and also provided emergency exit lighting for the buffet restaurant.

Following a question from Councillor Bell, Councillor Williams explained that whilst the market generated income it also had maintenance costs.  The Mayor commented that the market was well managed presently and had a clearer collection regime.

RESOLVED:

That Cabinet notes the exemption has been given.

Councillor Collett introduced the report and commented that there was a programme for privately owned homes in Watford to be provided with solid wall insulation.  Warmzones had contracted Hamiltons Building Contractors to carry out the work.  However, Warmzones had gone into administration leaving works unfinished.  The Council would now directly employ Hamiltons to complete the work and would fund this from the existing allocated capital budget instead of paying it to the Warmzones administrators.    

RESOLVED

That Cabinet notes the approved exemption to the Council’s procurement procedures in relation to external wall insulation contract.

Councillor Collett explained that a letter of resignation had been received from the company who had provided the beach.  It had been necessary to have a procurement exemption in order to secure a contractor.

Following a question from Councillor Bell, Councillor Collett explained that a separate beach and big screen had not been as successful last year and the council wanted to put them back together again and explore other possibilities.  The Mayor commented that the council was still committed to the events which were very popular and the business chosen to provide the beach was of a high quality.

RESOLVED

That Cabinet notes the exemption has been given.

The Deputy Managing Director commented that an Ombudsman decision letter had been received by the council following a complaint.  On this occasion the Ombudsman had found that the council was at fault.  The Ombudsman found that the council did not take into account the up to date medical position of the applicant and asked the council to review the position.  The council was apologetic to the complainant and was moving forward with supporting the applicant to resolve the situation.  Up to date medical information had been received and had been referred to the council’s advisers and it was hoped that the matter would be resolved soon.  The council had responded quickly to the Ombudsman’s findings.

Following comment from the Mayor, the Deputy Managing Director continued that procedures in housing had been reviewed and there was now a two-step process so a more senior officer would conduct a second review if an applicant was not happy with the first decision.

RESOLVED

That Cabinet notes the Ombudsman’s decision.

The Mayor introduced the report and explained that he and the Deputy Managing Director had attended meetings with the four other local authority Leaders since September.  The other authorities were Hertsmere Borough Council, St Albans District Council, Three Rivers District Council and Dacorum Borough Council.  The Mayor highlighted the five strategic priorities for the Partnership. 

The Deputy Manging Director commented that the Memorandum of Understanding set out seven principles for common aims between the Partnership and would ensure that each authority had a voice.  There would be work towards a joint plan which would help to deal with growth in this part of Hertfordshire.  The Memorandum of Understanding before Cabinet was the start of the journey and any subsequent decisions on details would be brought back to Cabinet.

Following a question from Councillor Watkin, the Mayor and Deputy Manging Director confirmed that the Partnership would be a good platform in order to put together a combined bid to the LEP to fund infrastructure projects.

Councillor Sharpe stressed the importance of working together in order to achieve investment into infrastructure and to achieve a vision for future change in the area.

Councillor Bell commented that North West Hertfordshire was going to set up a similar body and that the County Council had established a company called Herts for Living to try to build more sustainable housing across the County.  Councillor Bell welcomed councils working together and commented that the County Council should ensure that all districts try to stick to their affordable housing targets where possible.

RESOLVED

That Cabinet endorses the Memorandum of Understanding, in order to provide place leadership for South West Herts and to develop and deliver a vision for the SWHP area up to 2050, promoting healthy and sustainable growth for our communities.

The Deputy Managing Director introduced the report and explained that at the end of 2018 Cabinet had approved to move forward in principle with a Compulsory Purchase Order (CPO).  The item was coming back to Cabinet as the area for the order had changed.

The Deputy Managing Director continued that the Watford Business Park was an important employment area in Watford, however, many sites on the park were run down and the council was looking at making it fit for purpose.  There had been significant capital investment and support from the LEP. The plan attached to the report showed the affected area and the report explained how the intention was to create further jobs, safeguard existing jobs and provide new training and development opportunities.

Councillor Sharpe commented that Watford Business Park was very important and it was vital to move forward with the regeneration to provide a better environment to attract employment and the CPO would enable this to happen.

Following a question from Councillor Bell, the Managing Director explained that as part of the CPO process a full referencing exercise had been undertaken where all the interests had received letters.  The council’s property advisers, Lambert Smith Hampton, had undertaken conversations with all the occupiers regarding their current occupation and future interest.  The majority of interests had been acquired by agreement and it was hoped that this would be the case for the rest but the CPO would provide the council with a ‘safety net’.

            RESOLVED

            That Cabinet:

a)        Agrees that the council makes a Compulsory Purchase Order (CPO) under section 226(1)(a) of the Town & Country Planning Act 1990 (as amended) for the acquisition of the land and rights within the area and edged red on the plan at Appendix 1 entitled "WBC001" for the purpose of delivering a modern, fit for purpose industrial scheme in order to achieve the objectives outlined for the Business Park in Special Policy Area 6 ‘Western Gateway’ of the Local Plan Part 1.

b)        Authorises the Property and Regeneration Section Head to:

i.          take all necessary steps to secure the making, confirmation and implementation of the CPO including the publication and service of all notices and the presentation of the council’s case at Public Inquiry should one be called;

ii.         acquire all interests in land within the CPO boundary either by agreement or compulsorily;

iii.        approve agreements with land owners including the terms for the withdrawal of objections to the CPO, including where appropriate seeking exclusion from the CPO;

iv.        exercise the compulsory purchase powers authorised by the CPO by way of general vesting declaration and/or notice to treat;

v.         to approve the acquisition of all interests, where possible, by negotiation pursuant to the CPO, approving payments to interest holders in line with the statutory compensation provisions within the budget allocation set out in Part B Appendix 3.

c)         Gives authority under Section 6(4) of the Acquisition of Land Act 1981 to dispense with individual service of notices in respect of areas of land where the Council is satisfied that it has not been possible following proper enquiry to establish the ownership of the land in question and for the service of notices in the manner set out in Section 6(4) of the Acquisition of Land Act 1981.

d)        Considers the provisions of the Human Rights Act 1998 contained in section 5.3. of this report so far as they might be applicable in deciding whether or not to make the Compulsory Purchase Order(s) and all other statutory powers that the Council seeks to exercise and resolves the following:

i.          With regard to Article 8 it is considered that in balancing the rights of the individuals who are affected by the Order(s) against the benefit to the community of proceeding with the Order(s), the making of the Order resulting in the interference with the individuals rights is justified in the interests of improving the economic and social well-being of Watford as detailed in paragraphs 4.4 to 4.6.

ii.         With regard to Article 1 Protocol 1, it is considered that the interference with the individual's property is justified by the advantages accruing to the public by proceeding with the Scheme particularly taking into account the fact that there is a legal right to compensation for the property taken and any rights extinguished under the Order(s).

e)        In addition the Council has had due regard to the Equalities Act 2010 as set out in this report at section 5.3.

f)         Notes the progress made with regard to acquisitions and the application for £5,000,000 of Local Enterprise Partnership grant funding to support the delivery of the project.