Agenda item

(CPT2,5,7,8,10,11,13,14,15,16)

Purpose:  To outline the potential of creating a new Environmental Health and Licensing Service with Wokingham Borough Council.

Resolved that:

(1)       the implementation of the proposed Joint Service Delivery of Environmental Health and Licensing with Wokingham Borough Council as set out in the report be supported;

(2)        it be agreed that the Environmental Health and Licensing functions of Wokingham Borough Council be discharged;

(3)       the authority to enter into a Shared Services Agreement with Wokingham Borough Council for the joint service delivery of Environmental Health and Licensing functions be delegated to the Corporate Director for Environment. This will be in accordance with the terms of the draft agreement and delegated authority should be provided to the Corporate Director for Environment in consultation with the Head of Legal and Electoral Services to make any necessary drafting or other amendments to the terms of the agreement which are necessary to reach final agreement but which do not materially affect the intent and substance of the agreement.

This decision is not subject to call in as a delay in implementing the decision would cause the Council serious financial implications or could compromise the Council's position, therefore it will be implemented immediately.

The Executive considered a report (Agenda Item 10) which outlined the potential of creating a new Environmental Health and Licensing Service with Wokingham Borough Council. Appendix two (legal advice) to the report was exempt and was considered as part of the confidential information in Part II of the agenda.

Councillor Hilary Cole explained that the joint service delivery would involve the creation of a joint service with Wokingham Borough Council and the start date was scheduled for 4 January 2012. This would follow the success of the joint arrangement with Wokingham Borough Council for providing Trading Standards. The service would be delivered in line with the schedule detailed within the report and would provide an enhanced degree of resilience for this front line service. The initial agreement, if approved, would be for a period of five years with the potential to extend it for a further five years.

The project would deliver a £130k ongoing saving for the Council from April 2013. The worse case scenario for the Council in terms of redundancy payments was estimated at £157.5k with a maximum number of six FTE’s made redundant across the two unitary authorities.

Governance would be conducted through a joint service review panel that already existed for the joint Trading Standards service and was represented by Portfolio Holders from both unitary authorities.

This joint arrangement would be one of the first across the country for Environmental Health and Licensing.

Councillor Tony Vickers noted that the report was not subject to call-in with the reason given that delays in implementation could have serious financial implications for the Council. He questioned whether this was accurate as the financial risk did not appear to be significant and felt that it was more appropriate for the report to not be eligible for call-in as delays could compromise the Council’s position. David Holling agreed that this call-in reason would be more appropriate and he was asked by Councillor Graham Jones to investigate whether this should have been the case.

Councillor Jeff Brooks felt this was the right way forward, but he did have some concerns. He questioned whether the business case was sufficiently detailed as it only provided an overview. In addition an implementation plan, risk analysis and the cost of implementation had not been included. This would help to give an explanation for the recommended action. There was also a risk of losing good members of staff.

Councillor Cole gave an assurance that a robust project implementation plan had been produced. Negotiations had been ongoing for some months and she had been regularly briefed during the process. Councillor Cole was confident that the service could be delivered efficiently and effectively across the two unitary authorities. She also advised that the costs had been considered in detail and apologised that this detail had been omitted from the report. Councillor Cole offered to provide this separately.

Councillor Cole commented that this item needed to be considered urgently due to the timescales involved and the fact that the decision needed to be taken at the Executive of both West Berkshire Council and Wokingham Borough Council.

RESOLVED that:

1.         The implementation of the proposed Joint Service Delivery of Environmental Health and Licensing with Wokingham Borough Council as set out in the report be supported.

2.         It be agreed that the Environmental Health and Licensing functions of Wokingham Borough Council would be discharged.

3.         The authority to enter into a Shared Services Agreement with Wokingham Borough Council for the joint service delivery of Environmental Health and Licensing functions be delegated to the Corporate Director for Environment. This would be in accordance with the terms of the draft agreement and delegated authority should be provided to the Corporate Director for Environment in consultation with the Head of Legal and Electoral Services to make any necessary drafting or other amendments to the terms of the agreement which were necessary to reach final agreement but which did not materially affect the intent and substance of the agreement.

Reason for the decision: Protect existing frontline service standards for the public and businesses, and contribute to the Property and Public Protection savings targets.

Other options considered:

1.         A joint service which stopped short of a full delegation of functions under the Local Government Act 1972 was considered but failed to meet the objectives of both parties so was ruled out.

2.         Carry out an internal review of services and structure to deliver any identified savings requirement.