Agenda item

Consider application for financial assistance from Selkirk Means Business (Selkirk BID) (Copy attached.)

4.1       With reference to paragraph 5 of the Minute of the meeting held on 19 February 2020 and paragraph 7 of the Minute of the meeting held on 8 December 2021 there had been circulated copies of an application for financial assistance from Selkirk Means Business Ltd (Selkirk Business Improvement District) for £9,995 for the replacement and extension of CCTV provision in Selkirk Town Centre. Copies of the latest accounts, complaints policy, access permissions, access policy, access form, security policy framework, procedures for operation, code of practice, destruction policy, retention policy, security policy, training policy, CCTV privacy notice and the proposed CCTV solution had also been circulated.  The group had previously applied and the grant had been approved subject to conditions regarding…. Mr David Anderson of the group and Ms Sarah Macdonald, the project manager were present to provide insight into the application.  Ms Macdonald explained that Selkirk BIDs had a remit as a company to explore opportunities to see if there was interest in the town to install a replacement CCTV system in Selkirk.  Social media polls had indicated high levels of support.  Work had been progressing prior to the outbreak of the Covid-19 pandemic, which had halted work and caused prices to rise and other associated difficulties.  Ms McDonald was confident that the paperwork which had been submitted alongside the application satisfied the conditions which were set out by the Committee at its meeting on 19 February 2020.  Considerable resources, both financial and volunteer time, had been deployed to put in place the necessary permissions and paperwork required for approval.  Despite the funds which had been raised by the BIDs levy, the funding secured for the project remained approximately £10,000 below what was required. Mr Anderson explained that a number of the final documents required would be completed if agreement was granted.  Regarding Scottish Borders Council’s plans to undertake a feasibility study on installing new CCTV systems in the major towns of the region, Members explained that the plans were at a nascent stage, and stressed that the funding which had been proposed in the budget would only cover the feasibility study, not the installation of systems.  In response to a question regarding access to the base unit, Mr Anderson confirmed that access to the system would not be possible without access permissions being granted.    Councillor Thornton-Nicol highlighted that approval for the application should be granted as all of the issues which had been outstanding in 2019 had been addressed by the paperwork submitted, answers provided, and undertakings to complete and provide remaining documentation. 

4.2       The Chief Legal Officer explained that approval for the system at Newcastleton had been subject to stringent conditions on paperwork due to the privacy concerns inherent to CCTV systems and public organisations.  Approval could not be provided without a fully completed Data Protection Impact Assessment (DPIA).  Evidence of approval from all of the property owners was also required.  The application to the Sub-Committee had been in the name of the BIDS Company, and would need to be amended prior to approval to reflect that Selkirk Means Business had undertaken to comply with all of the relevant conditions.  Mr Anderson confirmed that the application should have been in the name of Selkirk Means Ltd, and that he was happy to amend the application, and all other relevant paperwork and documentation, accordingly.  Community Councillor King explained that the community of Selkirk welcomed the project and expressed that if all of the necessary planning permissions were in place and legal concerns addressed then he would welcome the project.  Concerns were expressed about placing equipment on lighting columns as an interim solution due to wind elements sustaining weight loads.  Ms MacDonald explained that the new CCTV system would replace units which were already in place and, assurance has been provided by Mr Alex Young of SBC.  Documentation of that assurance would be provided to SBC’s legal department.   Planning permission for the locations had been approved at the end of the previous year, and conversations were ongoing with BEAR Scotland regarding the use of light columns.  Ms MacDonald provides assurances that the necessary permissions were in place and that the cameras which would be used in the new system were lightweight and that concerns regarding weight on columns would be clarified prior to installation.  Community Councillor King stressed that any installation on a listed building, even if pre-existing, would be considered as vandalism without explicit approval.  Mr Anderson confirmed that planning permission had been granted approximately one year previously and that the appropriate paperwork had been completed regarding the structural integrity of the light poles their ability to accommodate the cameras.  In response to a question regarding maintenance of the system, Mr Anderson confirmed that conversations had been held with Alloa BIDS, who had run a system for a 5 years.  They had budgeted £500 per year for maintenance, and a similar budget would be required for the Selkirk system.  Mr Anderson explained that the use of sponsorship was being explored, and that he was happy to provide written assurance that he would provide funding for maintenance if required.  Ms Webster explained that it was not possible to charge individuals for subject access requests.  Mr Anderson informed the meeting that due to the timeframe of the BIDs coming to an end, discussions needed to be undertaken with the members of the BIDs regarding an extension to the articles of association in order for the CCTV system project to proceed as planned. The Chief Legal Officer advised Selkirk Means Business to seek legal advice on extending their ability to retain the BIDs funding and use it for the project beyond the lifetime of the BIDs.  

4.3       The Chief Legal Officer outlined the appropriate legal conditions that needed to be put in place prior to approval, and undertook to provide Selkirk Means Business Ltd a comprehensive outline of all the requirements by the close of business on Monday, 20 February 2023.  Councillor Thornton-Nicol, seconded by Councillor Douglas proposed that the application for funding for £9,995 be approved, subject to the Chief Legal Officer being satisfied that all of the appropriate legal conditions were met.  Authority was delegated to the Chief Legal Officer to notify Selkirk Means Business of the full list of conditions by Monday, 20 February 2023, and to determine that once those conditions that the grant could be paid. An additional condition was specified that the funding provided would be earmarked for this project, used for the specified purpose, and in the event that it was not used then returned

AGREED:-

(a)        to approve the grant of £9,995 to Selkirk Means Business Ltd subject to the receipt of:

(I)         satisfactorily completed Data Protection Impact Assessment by Scottish Borders Council’s Legal Department;

(II)        corrected and updated documentation related to the system, and

(iii)       evidence of permission from all of the property owners, including Scottish Borders Council, where CCTV would be hosted.

(b)       to delegate authority to the Chief Legal Officer to:

(I)         determine and notify Selkirk Means Business Ltd of an exhaustive list of conditions required for approval by close of business on Monday, 20 February 2023;

(II)        decide whether the exhaustive list of conditions had been met; and

(III)       to authorise payment to Selkirk Means Business if the conditions were met.

(c)        that the grant funding had to be used for the specified purpose of the CCTV System project within one year or returned.

MEMBER

Councillor Cochrane re-joined the meeting and assumed the Chair.