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notes from JK

Cynical, irresponsible, gimmicky – take your pick!

On Friday the Tory administration finally published the budget papers for the 2011/12 financial year. The papers claim the reason for the unacceptable delay in publication was late information on government grants. I don’t buy it and have asked the Chief Executive for an explanation. Since Tuesday we were told the papers were coming out the following day. Everything I hear lends me to believe that these were down to the administration – either playing games or struggling to come to a final decision.

Regardless their budget is breathtaking. It slices HUGE chunks of budgets for children’s services and social care. Almost £5.5m from Children’s & Families services, about £6.1m from Adult Social Care as well as smaller but harmful cuts from planning, licensing and central services including, for example, health & safety support work. Additionally the Tories propose to spend £1.1m capital funds removing cycle lanes from Grand Avenue & The Drove. Yes, that’s right, removing cycle lanes. They also wish to borrow just over £4.5m to refurbish car parks.

This is the year of the biggest cut in our central government grant, the cuts were front-loaded, so you’d think they’d hang onto every penny. But no, in a cynical gimmick to cling to power, the Tories propose a 1% cut in council tax plus a 5% reduction in resident parking permit costs. This is utterly irresponsible – and as there are waiting lists for residents parking permits this will hardly help manage that demand.

If one uses the admittedly imperfect analogy of a household income… Then this is like a family member getting a pay cut, and knowing more cuts are due in the future, voluntarily giving up MORE of their income. But when one of the family loses their job or gets a pay cut you focus on reducing spending, not reducing income! Income is the thing you absolutely need to stay afloat.

For the next two years the Tories are forecasting 2.5% tax increases, so the 1% reduction is very much a short-haul gimmick for election year. Furthermore they are making some very risky assumptions about inflation and waste tonnages, which are critical to their budget balancing. They are counting inflation to be 2% for the next three years, yet it’s currently 3.7% / 4.8% (CPI / RPI) which is quite some distance from their predictions!

On waste they are saying that they can save on the waste contract because waste tonnages are down due to actions by the council including promoting composting. Yet when I challenged the council about declining recycling rates, they claimed reduced tonnages were due to the recession. Which is it? There has been no major fundamental shift in supermarket’s dependence on packaging (though some incremental improvements by some of them) which leads me to believe that economic growth will also bring growth in waste tonnages again.

That’s it for now. I’m meeting officers next week to run through the many detailed questions and thoughts I have on the Tory budget. My colleague Bill Randall and I have asked to meet Labour councillors to discuss any joint amendments we might be able to agree on. We have until 28th February to submit amendments for checking by finance officers. Watch this space for more updates.

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notes from JK

Reform of councillor allowances & webcasts rejected

So, as I posted previously, I have been pursuing two reforms on the council: Firstly, that councillor allowances be fairer and meet government guidance, in other words simply adopting the report of the council’s own independent panel on allowances rather than sticking with the old regime. Secondly, given my successful tribunal over the use of YouTube, that councillors no longer be unfairly restricted from their freedom of political expression in reusing public webcast video.

Unfortunately at last night’s Governance Committee the old guard kept things just the way they are. My detailed request on webcasting arrangements was batted away with effectively a non-answer saying that the Tribunal judged me on a previous version of the webcasting protocol. True, but the Tribunal essentially found that a restriction on councillors using the webcast, which didn’t apply to members of the public, would be an unreasonable restriction on councillors’ freedom of political expression. And that is exactly what the new protocol does, it requires councillors to seek written permission to use a clip, when a member of the public under copyright fair dealing rules could do so anyway. I will keep trying on that.

With the Green attempt to implement the Independent Remuneration Panel’s report of March 2010 I’m afraid there was a heavy dose of condescending and patronising remarks from the old guard. Of course they don’t want to change things, that would remove some of the feudal control they have over their groups by handing out posts (with allowances) to folk they want to toe the line. So the Labour and Conservative councillors voted against my amendment seeking to implement the long overdue changes to our systems of allowances.

It’s worth noting that the Panel’s report to the committee last night, an excellent piece of work in its own right, roundly rebutted all the reasons Tory and Labour councillors had used to reject the proposed reforms at last year’s council meetings. It’s a shame the other groups can’t agree to change on this, especially when we have such strong work from our independent panel to lead the way. I can’t say I was surprised by their vote against change though, those two parties have been taking turns running the city like and old club for years and they want to keep it that way.

One more point: Last night’s meeting also briefly discussed the move to individual voter registration. I do have some concerns about the changes planned with this reform, but overall it is a long overdue move which will help improve security. Keep in mind this was a policy passed by the previous Labour government, the timetable has just been brought forward by a year by the new government. So I was surprised to see Labour group leader Cllr Gill Mitchell trying to make something of this with a press release attacking the reform “Labour fears consequences of new electoral system“!

In the piece Cllr Mitchell attacks the lack of pilots – when there are pilots scheduled, the lack of additional funding – when there is £104 million of additional funding for this work, and suggests that this could undermine the integrity of our democracy – when ‘ghost’ registrations (the polite way of saying fraudulent entries on the register) have been a major problem especially with postal voting. So not exactly the most apposite comments I’ve seen. It does sum up how Labour will attack anything if they think it will get them something, even if it was their idea in the first place! I’m more than happy to accept that all parties have good ideas sometimes. I’m pleased the government have abolished ID cards, plan to scrap the councillor Standards regime and will introduce individual voter registration. There, I said it!

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notes from JK

Full council 27th Jan 2011

What an extraordinary meeting last Thursday’s council meeting was… There were no high-stakes votes on budgets, the next Mayor or anything like that. But public questions and declaratory motions draw out some extraordinary outbursts.

If you want to know why the webcast is not available yet, and why the council HQ King’s House is buzzing with gossip, then this Argus report fills in the details!

I mightily enjoyed a public question by Chris Hawtree querying whether our city could become like Hove, North Dakota, USA (population: 2) if we didn’t deal robustly with the cuts. Even the Tories couldn’t keep straight faces as the parallels were drawn by Mr Hawtree.

In written questions I continued to press on open licensing of council data and also raised a question about how the council ensures premises let to clubs really are only used by clubs.

There was some posturing by all parties that night with Labour trumpeting on the Education Maintenance Allowance and School Sports Partnerships, Tories on Housing and Transport and Greens on Post Office closures and the local government settlement. Labour shadow ministers have confirmed that they too would cut local government funds — so if they wouldn’t cut the EMA and Sports Partnerships, what would Labour have cut? Clearly they’re not going to say so they can try to bank political capital on opposing every cut under the sun.

At the least minute Tories backed out of their Transport motion (which was rather silly in the first place) when they realised the opposition parties were going to amend it to bits. Their housing motion unleashed the kind of petty point scoring and ancient history lessons that makes me want to disappear under my seat. Cllr Bob Carden delivered on the EMA what I think was the speech of the night , reflecting on how he had once been unable to send his daughter to college whilst he was laid up at home with a broken leg, unable to work. A personal message, delivered simply and with heart. Cllr Carden doesn’t speak often in full council, but that was a keeper.

I had a go at the administration for failing to open up the budget process, unlike most councils which involve members of all parties in the budget detail from a much earlier stage in the process.

If I recall correctly all motions were passed (apart from the Tory transport one which they withdrew), but let’s hope the webcast comes online so we can watch the best bits!

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notes from JK

Having another crack at sorting out councillor allowances

Councillor allowances in Brighton & Hove has been a long-running issue of contention. For an age they have been deeply unfair. Putting aside whether they are too much or too little, how they are distributed across the parties is due an overhaul.

Responsibility for this work lies with an Independent Remuneration Panel who do very good work. They published a report in March 2010 which essentially sought to fix a lot of the problems with the current setup:

  • They sought to make each political group leader’s allowance proportional to the number of seats their group held on the council;
  • They wanted to abolish allowances for deputy chairs of committees (who in most cases do very little) especially as this takes us over government guidelines. Regulations suggest that only up to 50% of councillors should be getting allowances. Currently it’s 61% in Brighton & Hove and could be 67% if all available allowances were being taken.
  • They also sought to resolve the balance between ‘front-line’ and ‘back-bench’ councillors by increasing the basic allowance by 1% but not increasing allowances for senior roles.
  • Finally all of this reform would lower the overall salary bill for councillors by about £18k a year.

Now whilst only two Greens have special allowances, most of the Labour group (I think all but one from memory) and a large number of Tories enjoy such allowances as did the LibDem group (now no longer as Cllr Watkins has become an independent).

So it was disappointing, but unsurprising self-interest, when Tories and Labour voted down the panel’s recommendations last year — after an extraordinarily long delay in actually getting the report onto an agenda to vote on it. It was supposed to be voted on in March 2010 but didn’t actually emerge onto an agenda until October 2010, only for it to fall and the status-quo remain.

Well the Panel have done more good work on best practice, and good on them. They’ve stuck to their guns in seeking to reduce the number of special allowances and so on. Their work is coming to the Governance Committee this Tuesday. But guess what, the recommendation on the report (I assume on advice of the Conservative administration) is to keep the existing scheme of allowances for another year!

I shall be proposing a Green amendment to that, seeking to bring in the Panel’s recommended scheme which will be fairer, help us meet best practice and save £18k a year. Will any other parties dare to challenge the status quo and join us in supporting the amendment…? We shall see!

(I’m still mulling my traditional report of Thursday’s full council meeting. It was, despite a not particularly high-stakes agenda, rather a remarkable evening.)

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notes from JK technology

City Council pleads with staff to surrender their Blackberries

Belts are tightening as we get ever closer to the date when the 2011/12 budget has to be set for Brighton & Hove City Council. With £30 million of front-loaded Coalition government cuts to find, council officers are quite reasonably reviewing and challenging every expenditure.

A recent email sent around by the Council’s IT department asks staff to consider whether they really, really need their Blackberry. If not, could they give it up and perhaps live without a mobile phone at all? Perfectly sensible, there may be people who don’t really need their Blackberries but still have one in a drawer somewhere.

What’s interesting are the costs the Council apparently incurs per Blackberry: A device on a two year contract costs £432/year before call charges plus £105 in setup and licence charges. (The monthly breakdown is £19 for Vodafone tariff and £17 for Blackberry & ICT support charges)

So before a single call is made or text is sent, a Blackberry will cost tax payers £969 over its two year contract period. That much of this goes to Vodafone is particularly galling given their tax avoider status.

This is another symptom of the Council’s gold plated approach to ICT. No criticism of the current Head of ICT, this predates him by some time. The Blackberries came in under the Labour administration and carried on under the Tories. As did the huge all-encompassing Microsoft licensing deal. Rather than find good-enough solutions, the approach has been to dive for the big name brands as soon as they offer a hint of a discount from their pre-inflated prices. Then we’re locked in.

A small number of decent Linux servers and any smartphone would meet the messaging needs of the Council perfectly adequately at a fraction of the cost. Why are we paying license fees for Exchange servers and Blackberry servers?

Yes, let’s cut down on the unnecessary issuing of mobile devices and excessive use of costly services (they’re also cracking down on football scores and directory enquiries via mobiles). But let’s reconsider whether the whole architecture makes financial sense too. Almost a grand for mobile access to email just doesn’t seem reasonable to me.

[Note: Most councillors from most parties use Blackberries. As far as I’m aware this is the first time we’ve been made aware of the cost they incur. This is no criticism of councillors for whom Blackberries are a lifeline to keeping on top of Council work whilst juggling their other responsibilities. I personally don’t have a Council Blackberry because I just don’t really like them, having tried an iPhone I couldn’t face going back!]

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notes from JK

Requesting council webcasting open up

I’m delighted that Cllr Brian Oxley, chair of the Governance committee, has agreed to take my letter (below) at the meeting on 1st February. I hope that we’ll be able to agree a path for opening up how tax-payer funded webcasts.

Cllr Brian Oxley

Chair, Governance Committee

Brighton & Hove City Council

Kings House, Grand Avenue

Hove BN3 2LS

17th January 2010

Dear Cllr Oxley

WEBCASTING PROTOCOL & ARRANGEMENTS

I am writing to ask that the committee review the protocol and arrangements associated with the council’s webcasting systems.

Specifically section 4.5 of the current webcasting protocol is excessively restrictive. As the findings of the First-Tier Tribunal (Local Government Standards in England) in my appeal of November 2010 state on para 71:

A finding of a breach on the facts of this case would have been disproportionate and would effectively lead to discrimination against elected members by imposing restrictions on their use of certain publicly available Council resources which the general public would be under no obligation to observe, but without any objective justification for the discrimination.

Since the date of the complaint from which this appeal arose, the webcasting protocol has been modified to create what the Tribunal judged to be unreasonable restrictions, namely that permission must be requested and certain uses forbidden, restricting Members’ freedom of political expression.

Given the growing support for openness and transparency in government, I believe the protocol should be reviewed. I ask that, as the Leader of the Council has indicated a willingness to use the Open Government Licence, such a licence is used for council webcasts.

I am also aware that the Council’s contract with webcast supplier Public-i restricts how the video captured may be used. Section 3.6 of Annex 7 from the contract renewal states in part:

You will not copy or reproduce the Content or the Webcast Data on to any other server or location for further reproduction without our prior consent, which will not be unreasonably withheld.

Such a requirement would clearly prevent a Member from placing a clip on YouTube without having first sought permission from the supplier, Public-i. Again this would be deemed unreasonable by the Tribunal.

Thus the protocol and contractual arrangements should be reviewed so that elected Members and members of the public are free to use the tax-payer funded webcasts. Any abuse to misrepresent would be covered by existing laws including libel and should not be cause for adding restrictions.

I look forward to your response.

Yours sincerely,

Cllr Jason Kitcat

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notes from JK

Response from Sainsbury’s solicitor

So I have today received a reply to my letter querying Sainsbury’s licensing policy with regards to their ‘Local’ stores. It clears up the impression that there Sainsbury’s policies which differed to how their competitors in the ‘local’ supermarket arena promote alcohol. They all advertise it and place it prominently:

To: Jason Kitcat

RE: Query on Sainsbury’s licensing policy

14 January 2011 16:05:51 GMT

Dear Cllr Kitcat,

Many thanks for your email dated 10th January.

When I spoke at the hearing on 21st December I did say that Sainsbury’s Locals do not display alcohol in the shelving immediately by the entrance to the store and that they do not display posters on their exterior to promote alcohol-related deals. I was genuinely under the impression that this was the case.

I now accept that at some locations there will be alcohol displayed close to the store entrance and there may be external advertising of alcohol promotions. I will be writing to each of the Councillors who sat at the hearing to explain the position.

There was no intention to mislead the Committee or other parties to this matter and I apologise for any confusion.

Thanks

Robert

Robert Botkai

Partner

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notes from JK

Letter querying Sainsbury’s licensing policy

I wrote today to Sainsbury’s solicitor who dealt with their applications in the city. Following Mr Botkai’s comments that Sainsbury’s had a very restrained approach to alcohol sales I wanted to understand why their ‘Local’ stores which I had passed did not meet the policy as it had been explained to me.

Robert Botkai

Partner – Property & Licensing,

Winckworth Sherwood LLP

Minerva House

5 Montague Close

London SE1 9BB

10th January 2011 (via email)

Dear Mr Botkai

When you presented the licence application for Sainsbury’s Local North Street, Brighton on 21st December 2010 you made a number of statements about company-wide policies. These were in relation to Sainsbury’s policies with regards to the sale of alcohol at the ‘local’ type stores.

Specifically you asserted that, as a matter of national policy:

1. Sainsbury’s Locals do not promote alcohol in the high profile doorway shelves.

2. Sainsbury’s Locals do not have posters on their exterior to promote alcohol-related deals.

I queried this as I had noted a wine promotion in the doorway shelving of Sainsbury’s Local on Western Road near Preston Street. The regional manager with you at the hearing stated this was an error by the store manager, as it was against your policies.

However a few days later (23rd December 2010) I still observed a wine promotion in the doorway of the Western Road (Brighton) store. At the Western Road (Hove) store I again noted an alcohol promotion by the doorway, plus a poster promoting a deal on beer. (Images of these are attached)

I recognise that other stores including Tesco and Somerfield have similar practices of promoting alcohol deals. However, you made specific play of Sainsbury’s responsible licensing policies in relation to placement and promotion at their ‘local’ stores.

Could you clarify for me the status and detail of these policies. Are Sainsbury’s Local stores in Brighton & Hove all in breach of the national policies, or are the policies not as prohibitive as suggested?

I look forward to your response.

Sincerely,

Cllr Jason Kitcat

Encl. [See the images on Flickr]

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notes from JK

McDonalds 24hr weekend licence refused

This morning I attended a licensing hearing as an objector to McDonald’s application to extend their hours. Their Western Road, Brighton branch wanted to open from 5am Friday morning until midnight Sunday non-stop. They also wanted to close an hour later the rest of the week at midnight. Currently they only operate until midnight on Friday and Saturday nights.

When I discussed this application with residents they were very concerned. They argued that there would be increased late night nuisance and disorder caused by the longer hours. It’s a sad reflection on the licensing system that they were unaware of the application until I let them know, and of the few that said they’d object only one was received by officers – but a few days past the deadline for receiving objections so it couldn’t even be considered. So it was just the Police and I as objectors — despite our knowing many residents felt strongly about it. The licensing regime has to be made more accessible for residents.

I won’t rehearse all the arguments made at the panel, as it went on for a good 3 hours at least!

A few notes of interest though: As is often the case, the use of a barrister, can be counterproductive. Too often I’ve found that barristers use approaches which might work in a court-room but end up only turning licensing hearings against them. McDonald’s barrister did the same today — though I might add we had a very interesting discussion about councillor code of conduct tribunals as he had read of my experiences with them!

The owner-operator for Brighton McDonalds mentioned at the hearing that his night-time trade had grown 40% in the last 2 years. He also claimed that last year he served 540,000 people at his Western Road branch and 750,000 at his Marina branch. He made great play of the public sector shift workers such as police officers and nurses who use his Marina branch at all hours.

That may well be… but he failed to address the fact that, unlike the Marina, his Western Road branch is in the city’s cumulative impact area. It’s clear to me, as it was to the police, that people otherwise walking home after a long night would be likely to stop if was a McDonalds open there. We know that drunk people emerging from clubs are noisy and if they are queuing, eating or just hanging around with friends they are going to produce that noise in an area bounded by residential streets. We also know that queues for late night food are often a flashpoint for fights. Yet McDonalds had not even suggested having a single member of security staff to proactively manage any problems, just CCTV and a mobile support unit to call if trouble flared up – reactive, not preventative measures.

Thankfully the panel agreed with the Police and I, so the application was refused in its entirety. I think it’s highly likely McDonalds will appeal or submit a revised application.

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notes from JK

Labour would have cut council budgets too

A letter submitted to The Argus on 22nd December:

Sir,

Before Labour’s Lord Bassam rushes to man the barricades against the cuts (Letters, 21st December 2010), he might wish to check what his party’s position on these cuts actually is.

In response to Conservative minister Eric Pickles’ announcement of the heavily reduced local government finance settlement on 13th December, what did Labour shadow Caroline Flint MP say? That Labour too would have cut local government funding – “This is not about whether or not local government funding should be reduced,” she said because she claimed whoever won the election would have made local government cuts.

These indiscriminate cuts are ideological – a free-market bankers above nurses ideology shared by Tories, LibDems and New Labour, which Ed Milliband is unwilling to refute as shown by his October speech to the CBI.

Greens believe there are some acceptable cuts: Cutting Trident, new aircraft carriers, hugely expensive nuclear power projects and clamping down on the £30-40 billion of tax evasion for starters. Whilst our MP advocates these in Parliament, Green councillors will work with all local parties willing to reduce the worst of these cuts imposed on our council.

Sincerely,

Cllr Jason Kitcat

Finance Spokesperson, Green Group of Councillors

Brighton & Hove City Council

Kings House, Grand Avenue, Hove BN3 2LS