Guidance on personal and personal prejudicial interests is attached to these agenda pages.

No declarations of interest were made at the meeting.

Members of the public may, if the Board Member agrees, ask a question of the Board Member on any item for decision on this agenda (other than on any minutes or decision sheets).  The full text of any question must be notified to the Head of Law and Governance by no later than 9.30 am two clear working days before the meeting.  Questions by the public will be taken as read and, at the Board Member’s discretion, responded to either orally or in writing at the meeting.  No supplementary question or questioning will be permitted.

The total time permitted for this item will be 15 minutes.

19 questions were submitted by Mr Nigel Gibson. Questions with answers are given below.

Public Questions

1.         Why was there only 14 days given to consultation on this matter?

This is the minimum period laid down in statute. The council has therefore complied with the duty placed upon it. Controlling the distribution of free printed matter was not considered a contentious issue that required extended consultation.

2.         When only 2 responses were received during the consultation period, did the officers think about either extending the consultation period or increasing the amount of publicity (and if not, why not)?

No. It is clear that there is limited public and business interest in the impact of the scheme. The council always acts in the spirit of openness and Paragraph 2.10 of the report includes a reference to a response received outside the consultation period and refers to the existence of an online petition.

3.         The target for this draconian sanction appears to be local businesses and amateur student events – did the council consult directly with any of them concerning this proposal (if so, who and when), regarding both likely impact on business and the proposed licence costs, and if not why not?

Leafleting controls are not a draconian sanction. The target is primarily those individuals and businesses whose leafleting activities have created litter problems in certain areas of the city. The legislation specifies what consultation is required and the council complied with these requirements.

4.         Appendix 1 of the report contains the advert placed in the Oxford Mail regarding this proposed draconian sanction – it is clear from this advert that the council intends licensing all free material, yet elsewhere it seems to limit it, excluding religious, political and certain other material yet to be determined by Jeremy Thomas. Why was the advert not clear about what was to be licenced, and therefore consulted upon?

There are exemptions from the proposed controls contained in Paragraph 1 (4) of Schedule 3A of the Environmental Protection Act 1990, including religious and political material and the law makes it clear that the council cannot licence the distribution of such materials. In our opinion the advert is clear and fully complies with the requirements of Paragraph 2 (4) and (5) of Schedule 3A of the Environmental Protection Act 1990.

5.         Paragraph 1.7 of the report states that the objective is to reduce adverse environmental impact. What is the environmental impact at present in CO2 tonnes equivalent, and what is the target reduction in the same unit of measurement to which the Council aspires?

The adverse environmental impact is not being considered in terms of CO2 tonnes equivalent. It is a combination of the visual impact of litter combined with the costs of clearing it up. Calculating the CO2 tonnes equivalent for such a relatively small part of the council’s overall waste operation is not considered practicable.

6.         How will members of the public wishing to distribute free leaflets etc know that they are required  ...  view the full minutes text for item 2.

City Councillors may, at the Board Member’s discretion, ask a question or address the Board Member on an item for decision on the agenda (other than on any minutes or decision sheets).  The full text of any question and the nature of any address must be notified to the Head of Law and Governance by no later than 9.30 am two clear working days before the meeting.  Questions by councillors will be taken as read and, at the Board Member’s discretion, responded to either orally or in writing at the meeting.  No supplementary question or questioning will be permitted.  If an address is made, the Board member will either respond or have regard to the points raised in reaching her or his decision.  If the address is by the Chair of a Scrutiny Committee or her or his nominee then the Board member will be required to say as part of their decision whether they accept the Scrutiny recommendations made.

There were no addresses from Councillors.

This report is on the outcome of public consultation on the designation of land for licensing of distribution of free printed matter under the Environmental Protection Act 1990.  The land affected is all of the roads in the City centre, Cowley Road and side roads as far as Magdalen Road and Headington Road and adjacent roads.

Resolved to:-

1)     Designate those areas of land set out in appendix 1 to the report for the purposes of section 94B and Schedule 3A of the Environmental Protection Act 1990;

2)     Request that the Head of Environmental Development in conjunction with the Head of Law and Governance carry out the requirements of the Act in order to bring the designation into force; and

3)     Approve the changes made to the consent conditions in appendix 3 as a result of the consultation.

Resolved to:-

(a) Designate those areas of land set out in appendix 1 to the report for the purposes of section 94B and Schedule 3A of the Environmental Protection Act 1990;

(b) Request that the Head of Environmental Development in conjunction with the Head of Law and Governance carry out the requirements of the Act in order to bring the designation into force; and

(c) Approve the changes made to the consent conditions in appendix 3 as a result of the consultation.

This report presents the consultation outcome on the proposal to implement dog control orders in the City under the Clean Neighbourhoods and Environment Act 2005.  The order, if agreed, will apply to all land within the City ‘open to the air’.

Resolved to

1)     Adopt and implement the dog control orders set out in paragraphs 3 and 4 of the report ;

2)     Authorise the Head of Environmental Development, in consultation with the Board Member, to add to the list of areas subject to dog control orders if further suitable areas, such as those under the jurisdiction of a Parish Council, become known; and

3)     Ask the Head of Environmental Development, in conjunction with the Head of Law and Governance, to carry out the requirements of the Clean Neighbourhoods and Environment Act 2005 and bring the said orders into effect.

Resolved to

1)     Adopt and implement the dog control orders set out in paragraphs 3 and 4 of the report ;

2)     Authorise the Head of Environmental Development, in consultation with the Board Member, to add to the list of areas subject to dog control orders if further suitable areas, such as those under the jurisdiction of a Parish Council, become known; and

3)     Ask the Head of Environmental Development, in conjunction with the Head of Law and Governance, to carry out the requirements of the Clean Neighbourhoods and Environment Act 2005 and bring the said orders into effect.