STOWMARKET TOWN COUNCIL

Minutes of the meeting of the AUDIT & GOVERNANCE COMMITTEE held in the John Milton Room, Milton House, Milton Road South, Stowmarket on Wednesday, 14th December, 2016 at 7.48pm.

Present: Councillor G M Brewster, (Chair)

Councillors: J W C Curle

P Ekpenyong

D J Muller

B J Salmon

In attendance: Mr D G Blackburn, Town Clerk

Ms M L Marshall, Deputy Town Clerk

Mr D Marsh, Theatre and Events Manager

Councillor Mrs H Salmon

241. APOLOGIES FOR ABSENCE

An apology for absence was received from Councillor D J MacPherson and Councillor B J Salmon had been appointed as his substitute.

242. DECLARATIONS OF PECUNIARY INTERESTS AND NON-PECUNIARY INTERESTS

There were none.

243. DISPENSATIONS IN RESPECT OF DISCLOSABLE PECUNIARY INTERESTS

There were none.

244. MINUTES OF THE AUDIT AND GOVERNANCE COMMITTEE

RESOLVED: That the minutes of the meeting held on 21st September, 2016 be approved and signed as a correct record.

245. UPDATE ON AUDIT AND GOVERNANCE ARRANGEMENTS

The Committee received a report (AG/03/1617, copy of report on file) from the Town Clerk on the Council’s Audit and Governance arrangements.

(a)  Theatre Performance

The Committee considered a request submitted via the Town Clerk, for the Town Council to review the suitability of an act called “The Indians” which performed on a regular basis, (normally twice per year), at the Regal Theatre.

The Deputy Mayor, Councillor Muller had attended a recent performance by the band on behalf of the Audit & Governance Committee, and he submitted a written report to the Committee.

The Theatre and Events Manager reported on the popularity of the act in the town with 326 people having attended their previous two performances at the theatre. The act was one of 18 shows supplied by country music presenter, Brian Mann, and was one, of only a few shows, that was profit-making and subsidised other music shows at the theatre.

The Theatre and Events Manager cited the “Freedom to Read” Library Statement and suggested that its provisions were also appropriate to film and theatre. Proposition 2 stated:

“ Publishers, librarians, and booksellers do not need to endorse every idea or presentation contained in the books they make available. It would conflict with the public interest for them to establish their own political, moral, or aesthetic views as a standard for determining what books should be published or circulated.”

The Theatre and Events Manager added that there had been at least seven film releases in the current year, including the latest Star Wars film,+ that had received negative views from specific pressure groups which had advocated, amongst other things, public boycotting of those films.

The Theatre and Events Manager reported that any film that had satisfied the guidelines of the British Board of Film Classification and had received a certificate was considered for programming at the theatre. Customer choice was essential and it was recognised that the views of the characters and/or director were not necessarily the views of the Regal Theatre.

Members of the Committee discussed the matter at some length and the consensus was that the Town Council should not become involved in censorship. Members felt that the public had the right to choose - free from interference from the Town Council.

The Town Clerk advised that any change in policy position would require the consent of the full Council.

RESOLVED: That the Town Council’s current position be maintained and that the Theatre and Events Manager should continue to have absolute and unfettered discretion to determine what acts and cinema releases are shown at the theatre.

(b)  Standing Orders and Financial Regulations

The Committee reviewed the Standing Orders and Financial Regulations including the following proposed amendments with regard:

i.  to procurement arrangements to ensure that the Town Council’s version of financial regulations was the same as the model issued by the National Association of Local Councils; and

ii.  to increase the Town Clerk’s delegation to £10,000 in handling urgent matters on behalf of the Town Council.

The Town Clerk explained that the request for an increase in delegation from £2,000 to £10,000 was sought to authorise urgent measures that were required, from time to time, to ensure business continuity with examples given in terms of maintaining the Council’s vehicle fleet and maintaining the Council’s premises. It was envisaged that such delegation would be exercised by the Town Clerk in consultation with an appropriate member

RECOMMENDED TO COUNCIL: That the Standing Orders and Financial Regulations, as amended, be approved and adopted.

(c) Governance Training for Staff

The Chair and Vice Chair of the Committee reported upon a Governance training session that they had attended with the Council’s managers. The training, which was well received, included items such as Understanding Governance, Standing Orders, Financial Regulations, Bribery, Conduct and Conflicts of Interest, Insurance Cover and Claims Handling and Risk Management.

The Town Clerk reported that steps would be taken in the New Year to extend training to all staff insofar as it was appropriate and relevant to their roles.

RESOLVED: That the provision of Governance training to managers be noted and training be extended to other staff in the organisation.

(d) Street Trading

The Town Clerk reported that notice of the current Street Trading Review had been placed in the Town Centre newsletter and delivered to all town centre businesses and it had also been displayed on the Town Council’s website. No representations had been received from the public or local businesses and only minor changes had been made to the Market Regulations to reflect the new charges that had been approved by Council.

RECOMMENDED TO COUNCIL:

a.  That the following be approved:

-  Policy Statement on Trading

-  Street Trading Policy

-  Town Trading Regulations

-  Market Regulations

b.  That a further review of these documents be undertaken in January 2020 (in accordance with the three year review programme of the Town Council in respect of its governance policies); and

c.  That the Town Clerk be authorised to make minor amendments to the above documents after their adoption in accordance with the needs of the organisation and to reflect good working practices (subject to any substantive changes being authorised by the full Council).

(e)  Appointment of Internal Auditor 2017/2018

The Town Clerk reported that the Town Council had last considered the appointment of the internal auditor in July, 2015, recommending that Auditing Solutions Ltd be appointed for the purposes of audit services during 2015/2016 and 2016/2017.

The Town Clerk recommended that Auditing Solutions Ltd be appointed for a further year, following which, a value for money exercise should be undertaken prior to any further appointment.

RECOMMENDED TO COUNCIL: That Auditing Solutions Limited be appointed to provide internal audit services to the Town Council for the 2017/18 financial year including the preparation of the year end accounts.

(f)  Deeds of Grant

The Deputy Town Clerk reported that since 1974, the Town Council has held comprehensive records of Deeds of Grant, the exclusive rights of Burial. Prior to 1974, the records transferred from the former Stowmarket Urban District Council were incomplete meaning that there was inconclusive evidence of the ownership of the exclusive right of burial.

In order to clarify the Town Council’s position, the Deputy Town Clerk requested that, when a copy of a Deed of Grant could not be found, then the Town Council shall have a formal agreement in place to state that the Town Council retains the authority for the plot.

The Town Clerk sought clarification from Members about how they wished such a policy to be implemented in practice. Up to the present time, the Town Council had erred on the side of caution in deciding such matters where members of the public were adamant that they had an exclusive right to a burial plot and the Council’s records were incomplete. However, a strict interpretation of the proposed new policy would mean that the burden of proof would lie entirely with the public, and that if documentary evidence was not provided, they would have to apply again for an exclusive right of burial.

Members of the Committee discussed the matter fully and believed that a clear policy position should be established but that the Town Clerk should still be in a position to consider all the facts before deciding upon the most appropriate course of action in each case.

RESOLVED: That, in cases where ownership of a grave plot cannot be proven by a member of the public through evidence of a deed of grant, the Council shall adopt the policy position that it retains the authority for that plot, however, the above shall be subject to the Town Clerk determining each case on its individual merits but only deviating from the above policy position in truly exceptional circumstances.

(g)  Governance Programme

RESOLVED: That the Committee is satisfied that the Council is taking appropriate steps to review and update its policies and procedures in accordance with the Governance Programme

The meeting ended at 8.47pm.

CHAIRMAN

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