Agenda item - Petitions for Council Debate

Petitions to be debated at Council.  Reports of the Monitoring Officer (copies attached).

 

(a)       Stop Public Space Protection Orders from being enforced in Brighton and across the UK.  Lead petitioner Victoria Grantham (copy attached).

 

(b)      A259 South Coast Road Congestion.  Lead Petitioner Lynne Moss (copy attached).

 

(c)       Give Our Children a Secondary School Place in Catchment.  Lead Petitioner Martin Dorminy (copy attached).

 

(d)      Ban Circus Animals in Brighton.  Lead Petitioner Sue Baumgardt (copy attached).

89.1      The Mayor sated that where a petition secured 1,250 or more signatures it could be debated at the council meeting.  He had been made aware of five such petitions and would therefore take each in turn.

 

(a)         Stop Public Space Protection Orders

 

89.2      The Mayor then invited Gemma Challenger as the lead petitioner to present the petition calling on the Council to stop the enforcement of Public Space Protection Orders (PSPOs) in Brighton and Hove.

 

89.3      Ms. Challenger thanked the Mayor and stated that she was presenting the petition on behalf of the NFA Residents Association and noted that it had well over 5,000 signatures.  She stated that use of PSPOs were likely to infringe on the rights of the travelling community and homeless people and called on the council to take account of the recommendations of the Fairness Commission and not allow these to be used to criminalise particular, non-criminal, activities taking place within a specified area.

 

89.4      The Mayor thanked Ms. Challenger and called on Councillor Mitchell to respond to the petition.

 

89.5      Councillor Mitchell stated that the council had a responsibility to protect its public spaces and if used properly PSPOs would not infringe on the rights of people.  There was a need to find a solution to the problem of unauthorised encampments and actions of a minority of people which impacted on residents and those using public spaces for their enjoyment. 

 

89.6      Councillor G. Theobald stated that the council had a responsibility to its electors and residents and noted that there had been a full consultation on the introduction of PSPOs with 77% of residents agreeing that it would be a good idea.  A report had been fully considered by committee and the decision agreed.  He noted that the petition had a significant number of signatures from people outside of the city and proposed an amendment to the recommendation to the effect that the petition simply be noted and no further action taken.  He also noted that a transit site for travellers was available and stated that residents should be able to use the public spaces in the city for their enjoyment

 

89.7      Councillor Wealls formally seconded the proposed amendment.

 

89.8      Councillor Mac Cafferty stated that he believed there was a need for a policy on this matter and not just guidance.  He had been contacted by a number of residents concerned about the issue and anti-social behaviour.  However, PSPOs were a blunt unsophisticated tool to deal with the problem and the Council already had powers that could be used to deal with anti-social behaviour e.g. by-laws.  He was unaware of any evidence that showed PSPO’s to be an effective measure and felt that there was a need to support those who found themselves to be homeless rather than criminalise them.

 

89.9      In response to the debate Councillor Mitchell noted the comments and stated that she was happy to provide Councillor Mac Cafferty with additional information in regard to the council’s policy for PSPOs

 

89.10   The Mayor stated that an amendment to the recommendation to refer the petition to the Policy, Resources & Growth Committee had been moved and put it to the vote which was carried.

 

89.11   The Mayor confirmed that the amendment had been carried by 42 votes to 11 with no abstentions.

 

89.12   The Mayor then put the recommendation as amended to the vote which was carried by 42 votes to 11 as detailed below:

 

		For	Against	Abstain			For	Against	Abstain
1	Allen	ü				Marsh	ü
2	Atkinson	ü				Meadows	ü
3	Barford	ü				Mears	ü
4	Barnett	ü				Miller	ü
5	Bell	ü				Mitchell	ü
6	Bennett	ü				Moonan	ü
7	Bewick	Not present				Morgan	ü
8	Brown	ü				Morris	ü
9	Cattell	ü				Nemeth	ü
10	Chapman	ü				Norman A	ü
11	Cobb	ü				Norman K	ü
12	Daniel	ü				O’Quinn	ü
13	Deane		X			Page		X
14	Druitt		X			Peltzer Dunn	ü
15	Gibson		X			Penn	ü
16	Gilbey	ü				Phillips		X
17	Greenbaum		X			Robins	ü
18	Hamilton	ü				Russell-Moyle	ü
19	Hill	ü				Simson	ü
20	Horan	ü				Sykes		X
21	Hyde	ü				Taylor	ü
22	Inkpin-Leissner	ü				Theobald C	ü
23	Janio	ü				Theobald G	ü
24	Knight		X			Wares	ü
25	Lewry	ü				Wealls	ü
26	Littman		X			West		X
27	Mac Cafferty		X			Yates	ü
						Total	42	11	0

 

89.13   RESOLVED: That the petition be noted and no further action be taken.

 

 

(b)         A259 South Coast Road

 

89.14   The Mayor then invited Nigel Smith and Lynne Moss as the lead petitioner to present the petition calling on the Council to undertake a joint traffic impact study along the A259 South Coast Road with East Sussex County Council and Lewes District Council.

 

89.15   Mr. Smith thanked the Mayor and stated that the petitioners were hoping that the three authorities would work together to undertake a traffic congestion study, taking in to account the air quality in Rottingdean High Street.  It was difficult to monitor the full length of traffic queues and the level of traffic which they believed exceeded the capacity of the road infrastructure and was likely to lead to the loss of the A259.

 

89.16   Ms. Moss stated that there was a need for the requested impact study and noted that level of congestion in Rottingdean High Street was unmerited.  She also noted that there were planning applications for future developments which would add to the overall situation and pressure on the A259, and asked that officers ensure local ward councillors are kept up to date on the progress of the applications, as over 4,500 people had signed the petition.

 

89.17   The Mayor thanked Mr. Smith and Ms. Moss and called on Councillor Mitchell to respond to the petition.

 

89.18   Councillor Mitchell thanked the petitioners and noted that there had already been a great deal of cross-boundary work with other local authorities in relation to impact studies along the A259.  She noted that low emission buses had been introduced and that passenger numbers had increased and suggested that more buses were needed along with connecting services to other areas around the city.  She also felt that because of the various studies already undertaken it would be better to simply note the petition rather than refer it to the Environment, Transport & Sustainability Committee.

 

89.19   Councillor Mears stated that she felt that further action was necessary and that additional information would help to formulate an action plan to address the issues caused by the level of traffic along the A259.  She noted that the air quality in Rottingdean was poor and that it was difficult to collect data and therefore joint action by all the authorities would be helpful.

 

89.20   Councillor Greenbaum stated that she believed the bus lane worked well and additional buses and the encouragement of more passengers rather than car use would also beneficial.  She therefore felt that the petition should be given further consideration at committee.

 

89.21   In response to the debate Councillor Mitchell noted the comments and stated that she was happy to accept the desire for the petition to be considered at the next committee meeting.

 

89.22   The Mayor noted that it was recommended to note and refer the petition to the Environment, Transport & Sustainability Committee for consideration and put it to the vote which was carried unanimously.

 

89.23   RESOLVED: That the petition be noted and referred to the Environment, Transport & Sustainability Committee for consideration at its meeting on the 27^th June 2017.

 

 

(c)         GIVE OUR CHILDREN A SCHOOL PLACE IN CATCHMENT

 

89.24   The Mayor then invited Martin Dorminy and Anoushka Visvalinghan as the lead petitioners to present the petition calling on the Council to ensure that children living in a catchment area would be given a school place in that catchment area.

 

89.25   Mr. Dorminy thanked that Mayor and confirmed that the petition had 1,446 signatures and that he was one of the parents of children directly affected, known as the misplaced 57 who did not get any of their initial school preferences.  He noted that the Brighton & Hove School Organisation Plan for 2013-17 stated that the objective that all children should attend and have access to a local school.  As things stood these children faced having to attend schools outside of their local community.  He believed that the Admissions Policy should be made clear to parents in that it was unlikely that it would meet their needs.

 

89.26   Ms. Visvalinghan stated that result of not getting any of their preferences had turned the lives of those families affected upside down.  She believed that a catchment area should catch all those children within it and therefore asked for equality of treatment and the opportunity for all those children affected to attend a school in their catchment area.  As such the council should provide a solution for all those affected.

 

89.27   The Mayor thanked Mr. Dorminy and Ms. Visvalinghan and called on Councillor Chapman to respond to the petition.

 

89.28   Councillor Chapman thanked the petitioners for their presentation and also those parents that had also chosen to attend the council meeting and those who had come to the previous Children, Young People & Skills Committee where they had outlined their concerns.  He was aware that the Executive Director and Head of Schools had also met with parents and noted that the situation had not been helped with the delay of opening a new Secondary School.  He also noted that the situation had only become clear when people’s preferences were submitted and reviewed in January.  He accepted that the Admissions Policy could be made clearer and noted that the Education Authority’s responsibility was to provide a place in the city and not within a catchment area.  The Council also had to follow statutory guidelines and any changes to its admission areas had to be notified 18months in advance.  He was aware that 13 of the 57 children had now been offered one of their three preferences and he would encourage the others to submit an appeal to the independent panel, which would look at each case on its individual merits.  However, he was aware that both schools in question were at capacity and any additional places would put pressure on their ability to provide a suitable learning environment for their pupils.

 

89.29   Councillor Brown stated that she wished to offer her sympathies to those parents and pupils who had not received one of their preferences.  She noted that both schools had taken extra pupils in the preceding years but were not in a position to accommodate the 57 pupils in question.  However, she did believe that the review of the catchment areas should have started earlier given the long lead in time that was required before changes could be implemented.  The situation had been complicated by the lack of knowing where the new school would be located; however she also noted that other available schools had been graded as good by Ofsted and encouraged parents to visit them.  In the meantime she hoped that the review of catchment areas would be taken forward as a matter of urgency.

 

89.30   Councillor Phillips stated that she wished to thank the officers for the hard work that had been undertaken.  However, the overall situation had been known before the publication of the Admissions Policy and whilst 13 pupils had now been offered one of their preferences, no other proposals had been put forward and that was not good enough.

 

89.31   Councillor Chapman noted the comments and stated that he understood the difficulties faced by the families and hoped that some way forward could be found.

 

89.32   The Mayor noted it was recommended to refer the petition to the next meeting of the Children, Young People & Skills Committee and therefore put the recommendation to the vote which was carried unanimously.

 

89.33   RESOLVED: That the petition be noted and referred to the Children, Young People & Skills Committee for consideration at its meeting on the 12^th June 2017.

 

Note:  Having declared a personal interest in the matter, Councillor Page withdrew from the meeting and took no part in the debate or voting thereon.

 

 

(d)         BAN ANIMAL CIRCUSES IN BRIGHTON

 

89.34   The Mayor sated that where a petition secured 1,250 or more signatures it could be debated at the council meeting.  He had been made aware of five such petitions and would therefore take each in turn.

 

89.35   The Mayor then invited Ms. Friend as one of the lead petitioners to present the petition calling on the Council to ban animal circuses in Brighton.

 

89.36   Ms. Friend thanked the Mayor and stated that the petition had reached over 1,500 signatures and sought the banning of circuses with performing animals, being both wild and domestic.  She stated that 219 councils across the country had chosen to take such action and she hoped that as a progressive and innovative city, Brighton & Hove would follow them.  She noted that the council had adopted an Animal Welfare Charter in 2002 which needed to be reviewed as it covered horses, dogs and birds but meant that it created an ambiguity in relation to other animals.   She therefore called on the council to take a clear stance and ban all animal circuses.

 

89.37   The Mayor thanked Ms. Friend and called on Councillor Robins to respond to the petition.

 

89.38   Councillor Robins thanked the petitioner and stated that it was a complex and emotive subject.  He was therefore keen to ensure that the legal position was fully understood and accepted that there was a need to review the Animal Welfare Charter.  He would therefore request officers to bring a report to the next meeting of the Economic Development & Culture Committee to review the Charter and enable Members to consider it in conjunction with the petition.

 

89.39   Councillor Peltzer Dunn noted that the petition sought to ban animal performances in Brighton but questioned whether it should be aimed at council owned land as the council would have no jurisdiction over privately owned land.  He had previously attended circuses but felt that society had changed over the last 25 years and the welfare and dignity of animals should now be given full consideration and circuses with animals prohibited from council owned land.

 

89.40   Councillor Greenbaum welcomed the petition and stated that it was the right time to ban animals in circuses.  Today’s circuses had great acrobats and they did not need to use animals as part of their acts, it was therefore time to make that change.

 

89.41   The Mayor noted that Councillor Robins did not wish to respond to the debate and that it was recommended to note and refer the petition to the Economic Development & Culture Committee for consideration and put it to the vote which was carried unanimously.

 

89.42   RESOLVED: That the petition be noted and referred to the Economic Development & Culture Committee for consideration at its meeting on the 22^nd June 2017.

 

 

(e)         OPEN NIGHT SHELTERS FOR ROUGH SLEEPERS

 

89.43   The Mayor sated that where a petition secured 1,250 or more signatures it could be debated at the council meeting.  He had been made aware of five such petitions and would therefore take each in turn.

 

89.44   The Mayor then invited John Hadman as the lead petitioner to present the petition calling on the Council to open night shelters for rough sleepers by utilising its empty properties.

 

89.45   Mr. Hadman thanked the Mayor and stated that the petition had reached over 4,150 signatures which demonstrated the strength of support for rough sleepers and the desire to find suitable properties that could be used as night shelters throughout the year.  He stated that other organisations such as the churches and private owners had offered to collaborate with the council, in order to use properties at their disposable.  He was also aware that the council did open up properties during the colder months after a 3-day period of cold weather but wanted to find a solution that offered somewhere to shelter throughout the year.  He noted that following a previous Notice of Motion to the council a list of potential buildings was to be drawn up but that was still awaited after 6 weeks.  He hoped that in bringing the petition it would lead to some progress and action being taken.

 

89.46   The Mayor thanked Mr. Hadman and called on Councillor Moonan to respond to the petition.

 

89.47   Councillor Moonan thanked the petitioner and acknowledged that the petition had a great deal of support.  She noted that the country was in the middle of a housing crisis and that the numbers of rough sleepers were increasing.  She stated that the council had introduced a Rough Sleeper Strategy to support those sleeping rough in the city and was looking to work with all partner organisations to ensure a joined approach to the situation.  She noted that the Council had a severe weather protocol that was implemented when there had been 3 consecutive nights of cold weather and that this was regularly extended beyond the guidance issued by DCLG.  However, she also accepted that more needed to be done and a report was due to be considered at the Policy, Resources & Growth Committee in May on the potential of using council owned empty buildings as night shelters.  A list of these had been drawn up and would be considered in conjunction with the plans identified for their future use.  She believed that Mr. Hadman should take credit for highlighting the issue and she hoped that the council would soon be in a position to offer a better solution.

 

89.48   Councillor Bell thanked Mr. Hadman for bringing the petition and Councillor Moonan for her comments.  He stated that there was a need to acknowledge the work being undertaken in the city to help rough sleepers but felt that more could be done such as not having to wait for 3 consecutive nights of cold weather.  He believed that other climatic conditions should also be taken into consideration and that they should apply throughout the year and not just in the winter months.

 

89.49   Councillor Gibson welcomed the petition and stated that it was important to stress that the city was in the grips of a housing crisis.  He noted that the number of people sleeping rough had increased to 144 with 89 people waiting for a hostel bed, the average wait time being 10 months.  He also noted that rough sleepers were more likely to be attacked and only had a life expectancy of 47.  He believed that an urgent response was required and hoped that this could be taken forward given the high level of public support shown by the petition.

 

89.50   In response to the debate Councillor Moonan thanked Mr. Hadman for his work in drawing the petition together and stated that with the report due to come to committee in May, she hoped that matters could be taken forward as quickly as possible.

 

89.51   The Mayor noted that it was recommended to note and refer the petition to the Policy, Resources & Growth Committee for consideration and put it to the vote which was carried unanimously.

 

89.52   RESOLVED: That the petition be noted and referred to the Policy, Resources & Growth Committee for consideration at its meeting on the 4^th May 2017.