Agenda item

To consider a report by the Monitoring Officer (copy attached) regarding an application for a dispensation made by members of Bodelwyddan Town Council.

The Chair introduced Bodelwyddan Town and County Councillor Richard Mainon to the Committee and asked him to provide a background to the request for dispensation by members of Bodelwyddan Town Council.

Councillor Mainon explained that for 42 years the village community centre had been run by the Bodelwyddan Community Association (BCA), but the Association was no longer functioning and the community centre was facing immanent closure.

At the first meeting of the Town Council on 24^th May following the Local Authority Elections, which was well attended, it was agreed to hold a separate meeting to decide what to do and to consider setting up a new association.

On 30^th May a new association “Friends of Bodelwyddan” was formed. As Bodelwyddan Town Council only has 3 members and a County Councillor operating under s91 of the Local Government Act it was necessary for all of the councillors to make up the committee for the newly formed association. For this reason they were seeking the dispensation request.

The Monitoring Officer (MO) explained that under the Members’ code of conduct members would have to complete a declaration of interest form when dealing with agenda items concerning the Friends of Bodelwyddan. Mainly they would be personal interests that would not impact on their right to vote. However the newly formed group would be seeking financial assistance from the Town Council. Therefore the interest would be prejudicial and the councillors would have no vote unless a dispensation had been granted.

The MO informed the Committee that an exemption or dispensation could be granted by the Standards Committee by virtue of the Local Government Act 2000. He referred them to the regulation extract in appendix 2 and those specifically applicable in this case – Regulation 2(a), (d) and (h).

Whilst the Standards Committee need only select one ground for granting dispensation they were not obliged to grant it. Whilst the Clerk to the Bodelwyddan Town Council’s letter requested dispensation for 12 months the Committee – if it were inclined to grant – could do so for any period they saw fit. Further, the Committee could place a financial limit at which further approval would need to be sought.

The Chair sought clarification on whether dispensation was granted to named councillors or to the body i.e. Friends of Bodelwyddan.

The MO responded that the councillors would be listed. Should a new councillor be co-opted they would not benefit from the dispensation but would have to apply for their own. It was envisaged that as the community association developed and acquired more volunteers that councillors would withdraw from the it. The MO assured the Committee that this type of application was common in Wales as it was deemed for the public’s good.

Councillor Mainon elaborated on the condition of the community facilities estimating that £42000 would be required to bring the building up to standard. The renovation would include: two new boilers; hall refurbishment; kitchen upgrade; wet floor barrier and changing facilities for football. It was anticipated that costs would be no more than £60000.  The Town Council had sufficient resources to cover that amount. It was expected that once the hall was up to a good standard it would be easier to draw back engagement from the community. The work could start immediately if dispensation was approved.

The Committee discussed the merits of extending the time limits for dispensation from 12 to 18 months. Whilst it gave leeway should any aspect of the project slip the Committee also felt that time limits aided in focussing people’s minds and that the Association could re-apply in future if necessary.

When questioned on whether they would seek lottery funding to support the project going forward Councillor Mainon said they would, that he thought that they would be able to acquire another 50% through grants. However the priority is to get the Association legally formed and the building refurbished by winter.

In summing up the Chair informed the Committee that they have the legal power under s81(4) of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001/2279 where –

(a)  No fewer than half of the members of the relevant authority or of a committee of the authority (as the case may be) by which the business is to be considered has an interest which relates to that business.

RESOLVED that, subject to the above:

(a) the Standards Committee grant the dispensation request with the restrictions of a £60000 cumulative limit for a period of 12 months and

(b)  The MO would write to the Clerk to Bodelwyddan Town Council and circulate the letter to the Committee (GW to action).