Agenda and minutes

Apologies for absence had been received from Councillors Mark Crane, Janet Sanderson and Annabel Wilkinson.

Resolved

That the public Minutes of the meeting held on 19 August 2025, having been printed and circulated, be taken as read and confirmed by the Chair as a correct record.

There were no declarations of interest.

Members of the public may ask questions or make statements at this meeting if they have given notice to Elizabeth Jackson, Principal Democratic Services Officer, and supplied the text by midday on Thursday 11 September, three working days before the day of the meeting.  Each speaker should limit themselves to 3 minutes on any item.  Members of the public who have given notice will be invited to speak:

·         at this point in the meeting if their questions/statements relate to matters which are not otherwise on the Agenda (subject to an overall time limit of 30 minutes);

·         when the relevant Agenda item is being considered if they wish to speak on a matter which is on the Agenda for this meeting.

If you are exercising your right to speak at this meeting, but do not wish to be recorded, please inform the Leader who will instruct anyone who may be taking a recording to cease while you speak.

Three public statements had been received in relation to Minute 741 – Review of Maximum Hackney Carriage Fares, which were dealt with at that Minute and are detailed below.

1.     Statement from Richard Fieldman – read out at the meeting

Dear Councillors

Today you are going to be asked to determine this year’s tariff charges, as requested by the trade back in January/February, to which at this current time, is fourteen months since our last increase, back in July 2024, and by the time today’s decision is made and implemented, it will be fifteen months.

For more years than I can remember now, the trade and the licensing department have relied on a fare formula used by Transport for London, to determine any increase that the London taxis are awarded annually, it is totally independent and impartial, with all figures taken into account of the increase in cost of living, fuel prices, insurance prices, the cost of new and used vehicles, as well as the increase in maintenance charges ,ie, garage labour and parts costs, and kicks out a percentage increase needed to keep the trade in a profitable situation, this formula however, does not take into account the wage needed for the driver. I asked Mr Bentley to run this formula last February to give the trade an idea of where we needed to be in requesting a tariff increase, it produced a figure of 8%, so therefore as I was constructing an increase request, I aimed my target at 5%, feeling that this was both fair for the trade and public alike.

You have before you the results of a consultation that was conducted by the licensing department, asking members of the public how they felt about taxi charges in the area, well guess what? No surprise that they think they are too high, and in true human nature, if each and every one of us is asked what we think about the costs of any of the services, or products we use, with a view to the possibility of the price increasing, we are going to say we think they are already too expensive. So the outcome of that survey is somewhat inevitable, but the fact remains, the taxi industry needs to not only be able to afford the high standards expected by the council, but needs the ability to maintain their vehicles to a high standard, as well as make a decent living to keep up with the cost of living.

It is true to say that a small percentage of the trade do not want an increase in the tariff rate, and that is mainly down to the influx of Uber into the area, however, Uber drivers have a massive distinct advantage over us, they are being licensed by much less expensive councils than ours, are running older vehicles, are not maintained to the levels ours are, and are backed up and supported financially by a huge company. We cannot nor must not,  ...  view the full minutes text for item 740.

Recommendations

1)    That no change be made to the current Hackney Carriage Table of Maximum Fares.

2)    That, if the Executive approves to increase or decrease the maximum Hackney Carriage fares, the required statutory notices are published followed by further consideration of any responses.

Considered – A report of the Corporate Director Environment in relation to three requests to vary the Council’s Hackney Carriage Table of Maximum Fares.  The current table of fares came into effect on 1 July 2024 following consultation and consideration by the Executive.  Three requests had been received from the hackney carriage trade to review the table of current of fares which were set out at section 3.1 of the report.  A public consultation had taken place, and a summary of the responses was provided in section 3 of the report, along with the full responses at Appendix C.  Information in relation to maximum fares of neighbouring authorities, fuel prices, cost of living and costs of running vehicles was also provided.

The Executive Member for Managing our Environment, Councillor Richard Foster, presented the report, stating that fares were high across North Yorkshire in comparison to neighbouring areas and online apps.  These higher fares were putting pressure on the public to use taxis from outside the area, and in some cases vehicles were not licensed to the same standards as for North Yorkshire.  The Executive Member therefore recommended that no change be made to the current Hackney Carriage Table of Maximum Fares.

Resolved (unanimously)

That no change be made to the current Hackney Carriage Table of Maximum Fares.

Alternative options considered

The Council is not legally obligated to set the maximum rates of charges. However, the vast majority of licensing authorities do set maximum fares to provide certainty, consistency and, particularly in relation to occasional passengers, protection from unfair or unreasonable charges.

Reasons for Recommendations

The Council is expected to set and regularly review the maximum fares to be charged by hackney carriage drivers with a view to protecting the public and ensuring that licensees are fairly rewarded for their work.

The research carried out confirms that:

·       Over 70% of the trade and over 92% of residents, visitors or businesses who responded to the consultation felt that current fares were just right or too high for all three tariffs.

·       On average, fuel prices have decreased by 8.5% since the last review.

·       The latest annual cost of living rate shows an increase 4.1% over the last 12 months.

·       The cost of running a petrol or diesel vehicle has decreased by 3% in the last 12 months (includes the change in fuel price).

Recommendations

1)    The proposed Fixed Penalty Notice charge levels, as detailed in Appendix A, be approved.

2)    The use of Penalty Notices under the Animals (Penalty Notices) Act 2022 and the Animals (Penalty Notices) (England) Regulations 2023, for animal health and welfare offences, be approved.

3)    The use of Penalty Notices under the Environment Act 2021, for smoke control offences, be approved.

4)    The Penalty Notice Policy, detailed in Appendix B, be adopted.

5)    The agreed Fixed Penalty Notice charges and Penalty Notice Policy to be implemented from 1st October 2025.

Considered – A report of the Corporate Director Environment in which approval was sought to harmonise all existing Fixed Penalty Notice (FPN) charges within the remit of Regulatory Services.  The report provided information on the introduction of Penalty Notices for various animal health and welfare offences and smoke control offences and sought approval for their use.  A Penalty Notice Policy was proposed for adoption and it was proposed that the new Fixed Penalty Charges and Penalty Notice Policy be implemented from 1 October 2025 if adopted.

In introducing the report the Executive Member for Managing our Environment, Councillor Richard Foster, explained that the proposed FPNs would be a useful tool for responding to some offences, whilst still having the ability to proceed straight to court for more serious offences.

The Corporate Director Environment, Karl Battersby, reported that creation of a new council had brought a number of regulatory teams together, creating a wider group of staff with the ability to use FPNs.  The council was taking a zero-tolerance policy approach across the county with a standard £400 fee for smaller offences up to £1000 maximum fee.  There would also be a name and shame approach when cases were taken to prosecution.

Resolved (unanimously) - that

1)    The proposed Fixed Penalty Notice charge levels, as detailed in Appendix A, be approved.

2)    The use of Penalty Notices under the Animals (Penalty Notices) Act 2022 and the Animals (Penalty Notices) (England) Regulations 2023, for animal health and welfare offences, be approved.

3)    The use of Penalty Notices under the Environment Act 2021, for smoke control offences, be approved.

4)    The Penalty Notice Policy, detailed in Appendix B, be adopted.

5)    The agreed Fixed Penalty Notice charges and Penalty Notice Policy to be implemented from 1st October 2025.

Reasons for recommendations

The level of fixed penalty charges for relevant offences should be harmonised across the North Yorkshire Council area and reflect the severity of the offences.  Fixed penalties provided enforcement agencies with an immediate, cost effective, and visible way of responding to low-level environmental crimes, and the Government encouraged their use by local authorities.

Alternative options considered

Alternative options had been considered in relation to harmonising the level of FPN charges, taking into account the variances across the Council area:

Recommendation

That the Executive endorse the final report of the Crustacean Deaths Working Group.

Considered – A report of the Corporate Director Environment presenting the report of the Crustacean Deaths Working Group (CDWG) following its investigation into the mass mortality event along the Northeast coast of England in 2021.  The CDWG was chaired by Redcar and Cleveland Council and comprised member representation from Hartlepool, Middlesborough, North Yorkshire and Stockton Councils.  The delegates on the working group were Councillors Derek Bastiman, David Chance, Carl Les OBE, with Hugh Clear Hill acting as the link officer for NYC, and the Leader thanked them for their work on this. 

The Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee (TEEE OSC) had reviewed the final report of the CDWG on 11 July 2025 and supported the recommendations as set out at paragraph 3.3.1.  

The Executive Member for Managing our Environment, Councillor Richard Foster, presented the report, acknowledging the severe economic impact of the mass die-off on the fishing industry.  No definitive reason had yet been found for the die-off and it was important that environmental testing work continued.

Councillor David Chance referred to the complexity of the investigation and the lack of conclusions following work by the government on this.  He supported the recommendation of TEEE OSC that it reconsider the peer-reviewed research once it was available. 

Resolved (unanimously)

That the Executive endorse the final report of the Crustacean Deaths Working Group.

Reasons for recommendations

It is felt important to seek formal endorsement of the final report at each of the five local authorities represented as part of the Working Group, so that it can be forwarded to relevant stakeholders and government agencies, with a request to consider how the proposed report recommendations might be implemented.

Recommendation

Executive is asked to recommend approval of the homelessness and rough sleeping strategy 2025-2030 for adoption by Full Council.

Considered – A report of the Corporate Director Community Development presenting the draft Homelessness and Rough Sleeping Strategy 2025-2030 for recommendation to full Council for adoption.

The Executive Member for Culture, Arts and Housing, Councillor Simon Myers, presented the report and strategy, which highlighted the work done by the Housing team in connecting with other teams within North Yorkshire Council and external partners to deal with the problems of homelessness and rough sleeping.  The Executive Member thanked the Housing team of Nic Harne, Andrew Rowe and Kim Robertshaw for their work on this and set out the main points of the strategy, which included:

·       Increasing the provision of suitable accommodation, particularly taking into consideration the withdrawal of private landlords from the market

·       Building new social housing – the second homes council tax premium was being spent on housing and strategies to bridge the affordability gap

·       Providing pathways to supported housing

·       Reducing rough sleeping and providing more supported accommodation for rough sleepers

·       Early engagement with tenants at risk of losing their homes

Executive Members expressed their support for the Strategy.  Councillor Michael Harrison referred to the work of the Harrogate Homelessness Project, who were supportive and were aligning their own strategy to this.  In response to a question Councillor Simon Myers advised that council house voids were reported quarterly.

Resolved (unanimously)

That the Homelessness and Rough Sleeping Strategy 2025-30 be recommended for adoption by Full Council.

Reasons for recommendation

The recommendation to full council for adoption of the strategy. The strategy was a legal requirement and supported positive outcomes for vulnerable individuals while ensuring effective resource use. 

Recommendations

1)    For the Executive to note the conclusions and recommendations of the independent external review that has been carried out.

2)    For Executive to approve additional loan facility headroom to Brierley Homes of £2m at the usual commercial rate of interest to be reviewed after 6 months to ensure Brierley Homes has appropriate cashflow over the short term. Approval of draw down on this additional loan facility to be delegated to the Corporate Director Resources in consultation with the Leader, Deputy Leader (Executive Member for Finance) and Chief Executive and is subject to evidence of need being demonstrated.

Considered – A report of the Corporate Director Resources setting out the outcomes of an independent review into Brierley Homes requested by the Council as Shareholder.  Approval was requested for additional loan facility headroom to Brierley Homes of £2m at the market rate of interest of 6% above base rate.  Any drawdown on the additional loan facility would be subject to evidence of need and approval of the Corporate Director of Resources in consultation with the Leader, Deputy Leader and Chief Executive.

The Corporate Director Environment, Karl Battersby, introduced the independent review making the following key points:

·       The review had been undertaken by Tony Dodds, an experienced real estate professional who has previously set up and led two local authority owned housing companies. 

·       The operating model of the company was considered alongside its structures, financial position and options going forward.

·       The review had concluded that Brierley Homes was based on a sound operating model with achievable aims of building new homes for profit.  The company had diversified and was building a high proportion of affordable homes and delivering construction in different ways.

·       The company had a positive impact on the County in addition to its core aim of generating Shareholder Value.  The company could continue to provide a valuable contribution to the economy and environment of the area.

·       The review made a number of recommendations and paragraph 4.7 set out the responses and actions of the Shareholder and company which were being progressed to ensure the company would continue to evolve and meet the council’s housing needs.

The Corporate Director Finance, Gary Fielding, then referred to the financial implications and reported that the company had reported a £3.2m loss for 2024/25 which was due to slower than expected house sales.  There was an existing loan facility of £25m at a commercial rate of interest, with an additional facility of £1.4m at base rate to enable the delivery of affordable homes above policy.  The proposed additional £2m facility would be at a commercial rate of 6% above base.  The company was currently well within its existing facility, however agreeing the facility now would avoid having to ask again should further funding be needed to support the supply chain, and a series of further approvals would be required.  The Corporate Director confirmed that the Shareholder was now receiving a weekly cashflow statement from the company.

Councillor Gareth Dadd reported that overall the Brierley Group of companies was successful with an overall profit of £3m.  It was confirmed that sensitivity analysis was undertaken for cash flow for the company and the principal sensitivity was housing sales.

Resolved (unanimously)

1)    That the conclusions and recommendations of the independent external review that has been carried out be noted.

2)    That approval be given to an additional loan facility headroom to Brierley Homes of £2m at the usual commercial rate of interest to be reviewed after 6 months to ensure Brierley Homes has appropriate cashflow over the short term. Approval of draw down on this additional  ...  view the full minutes text for item 745.

Recommendations

1)    That the Council continue to recharge parish council for by-elections.

2)    That the Council recharges parish councils at scheduled elections (May 2027 + 4 yearly) for the additional costs solely attributable to the parish election, as per option 2 in Appendix A to form the basis of those recharges.

3)    That the Council introduces the proposed recharges for uncontested parish elections from April 2026, as set out in appendix A.

Considered – A report of the Assistant Chief Executive Legal and Democratic Services to seek a decision on whether North Yorkshire Council should recharge parishes for the cost of all elections, both scheduled and unscheduled, including uncontested elections.  Four options for recharging parishes were presented and should Executive be minded to implement a recharge Option 2 was recommended which would enable the council to recharge a parish in full for any costs associated exclusively with a parish election.  Where an election was combined with a North Yorkshire Council election only the additional costs incurred by the parish election would be recharged.

The Executive Member for Corporate Services, Councillor Heather Phillips, introduced the report and advised that recharging would bring fairness across the county as some town and parish councils held frequent by-elections and currently this cost was spread across the whole county.  In July 2023 Executive adopted a policy to recharge contested by-elections; uncontested elections and scheduled elections were not included in the policy at that time. 

Resolved (unanimously)

1)    That the Council continue to recharge parish council for by-elections.

2)    That the Council recharges parish councils at scheduled elections (May 2027 + 4 yearly) for the additional costs solely attributable to the parish election, as per option 2 in Appendix A to form the basis of those recharges.

3)    That the Council introduces the proposed recharges for uncontested parish elections from April 2026, as set out in appendix A.

Reasons for recommendations

To reduce the financial burden on North Yorkshire Council for parish election costs. Parishes becoming more financially responsible for their elections ensures affected electors are contributing towards the cost of parish democracy via specific area parish precept, rather than all electors across North Yorkshire paying for parish elections in the entire area.

Alternative options considered

Option 1 in Appendix A: To continue recharging parishes for by-elections and introduce recharges at scheduled elections (May 2027 + 4 yearly) for both the costs solely attributable to the parish election (i.e. ballot papers and postal vote packs if dispatched separately) in addition to the shared element costs such as venue hire, staffing fees.

Option 3 in Appendix A: To continue with parish recharge arrangements in place since April 2024, only recharging for the cost contested by-elections.

Option 4 in appendix A: To not recharge at all for any parish elections

Recommendation

That the public conveniences at Wentworth Street, Malton and Back of Micklegate, Selby be permanently closed immediately.

Considered – A report of the Corporate Director Environment in relation to the provision of public toilet facilities. 

The Executive Member for Managing our Environment, Councillor Richard Foster, introduced the report and advised of a change to the recommendations as printed in the report.  An overview and scrutiny review of public convenience provision was planned and therefore it was proposed that decisions on closures be deferred until after the review.

Councillor Steve Shaw-Wright advised that should Back of Micklegate, Selby, public conveniences close permanently there was no suitable alternative provision.  Councillor Keane Duncan spoke on the Wentworth Street, Malton, public conveniences advising that the local members and the signatories to a petition had objected to the closure. Councillor Duncan referred to the decision-making process to close the toilets and expressed support for the amended recommendations.

Resolved (unanimously)

1)    That a decision on the potential closure of Wentworth Street, Malton public conveniences be deferred until the refurbishment of the Market Place facilities has been completed and to take into account a review of public conveniences which is to be undertaken by overview and scrutiny.

2)    That a decision on the permanent closure of Back of Micklegate, Selby public conveniences, which are temporarily closed, be deferred to take into account a review of public conveniences which is to be undertaken by overview and scrutiny

Reasons for recommendations

To enable decisions on public conveniences to take account of an overview and scrutiny review of public conveniences.

Considered – The Forward Plan for the period 5 September 2025 to 30 September 2026 was presented.

Resolved

That the Forward Plan be noted.