To consider a report from the Overview and Scrutiny Board requesting the Mayor reconsider the decision in respect of Anti-Social Behaviour and the Private Rented Housing Sector.

The Chairman advised that, in response to the Overview and Scrutiny Board, the Mayor had made his decision on this matter outside of the meeting which was published on 11 July 2012.

In addition, the Chairman announced that the Overview and Scrutiny Board had considered the call-in for this item after the deadline for the receipt of public questions.  Although the Mayor had made his decision on the matter prior to this meeting, the Chairman advised that he had already agreed (due to exceptional circumstances) he would accept public questions/statements on this matter.  Therefore, in accordance with Standing Order A24, the Council heard from Susie Colley, Julie Brandon and Gordon Jennings who had submitted questions and statements in relation to this item.  The Mayor responded to the questions and the statements that had been put forward, plus supplementary questions asked by Julie Brandon and Gordon Jennings.

The above decision was called-in by Councillors Darling, Parrott, Pentney, Pountney and Cowell on 21 June 2012.

The reasons for the call-in are:

1)    Members ask why it is that the Mayor’s decision does not include any evidence as to how he came to that decision. The Overview and Scrutiny Board review panel took considerable care to receive evidence from both the residents of Torbay, and officers of the partner authorities charged with these matters. Did the Mayor take similar soundings before arriving at his decision?

2)    Regarding refs 1, 2, 4 and 6 of the Mayor’s decision, Members ask for clarification as to why an issue that causes suffering for many of thousands of Torbay residents is seen by him to be a simple matter for the police to deal with. Surely the Council has very great responsibilities to the residents and tax payers who are suffering either directly or indirectly from the consequences of poorly managed private rented accommodation,  and wider anti-social behaviour? Members challenge the Mayor’s approach whereby he seems to wash his hands of an issue that the panel’s report demonstrates is an issue that needs addressing as a matter of urgency.

3)      Regarding ref 4, the review panel took care to ask expert officers to provide a business case for fast-tracked targeted enforcement to be implemented within the current financial year. This would bring relief to many residents whose lives are blighted by the problems addressed in the report. Why has the Mayor chosen to turn his back on that suffering, by totally ignoring the business case? What work of his own supports his decision to brush aside the advice of Members of all parties represented on the Council?

Supporting Documents

Record of Decision

Issues Paper presented to the Adjourned Annual Meeting of the Council

Report of the Review Panel

The Board considered the details of a call-in by five Members of the Council of the decision by the Mayor to, amongst other things, consider the Board’s report into Anti-Social Behaviour and the Private Rented Housing Sector as part of the internal service review of Community Safety and subsequently as part of the overall prioritisation of the budget for this service later in the year.

The Call-in Promoter (Councillor Darling) set out the reasons for calling-in the decision and each of the Call-in Supporters also addressed the Board about their concerns regarding the decision.

The Board heard representations from Melville Hill Community Group and Torquay Neighbourhood Plan who were opposed to the decision of the Mayor.

The Mayor responded to the points raised by both the Call-in Promoter and Supporters and the Members of the Board that, whilst he welcomed the Board’s report, he wished to consider (in the Autumn) a wider report on the issue which covered Registered Social Landlords as well as private landlords together with information from ward councillors and Community Partnerships.

Resolved:

The Overview and Scrutiny Board believes that the Record of Decision and the explanation given at the meeting by the Mayor of his decision have limited relation to each other.  Further, the Mayor indicated that he needed additional data which the Board was advised should be readily available.

Therefore, the matter be referred back to the Mayor at the meeting of the Council on 12 July 2012.

(Note:  Prior to consideration of the item in Minute 12, the Mayor and Councillors Cowell, Excell, Hill and Pountney declared personal interests as landlords in Torbay, Councillor Barnby declared a personal interest as her husband is a landlord in Torbay and Councillors Darling and Pentney declared personal interests as directors of a company with a tenant in Torbay.)

To consider the submitted report.

The Scrutiny Lead for People presented the results of a scrutiny review into anti-social behaviour and the private rented housing sector.  The Council also received the recommendations of the Overview and Scrutiny Board arising from the review and a response prepared by the Executive Head Community Safety.

The Chairman invited the Mayor to respond to the recommendations of the Overview and Scrutiny Board.  The Mayor advised that he wished to defer consideration of the recommendations to enable his Executive to review the recommendations.