Agenda and draft minutes

There were no apologies for absence.

Resolved

That the public Minutes of the meeting held on 19 November 2024, having been printed and circulated, be taken as read and confirmed by the Chair as a correct record.

Councillor Michael Harrison declared an interest in Minute 581 on the basis that he was a partner member of the Integrated Care Board.  This was a Council appointment and was being made in the interests of transparency.

Councillors Carl Les and Gareth Dadd declared interests in Minute 582 as they were Members of the York and North Yorkshire Combined Authority.

Members are recommended to exclude the public from the meeting during consideration of each of the items of business listed in Column 1 of the following table on the grounds that they each involve the likely disclosure of exempt information as defined in the paragraph(s) specified in column 2 of Part 1 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information)(Variation) Order 2006:-

It was noted that the report relating to Minute 583 – Harrogate Convention Centre – Outcome of Soft Market Testing, contained an exempt appendix A.  As the content of the appendix was not discussed there was no requirement to exclude the public from the meeting.

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 12 December 2024, 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.

There were four public statements submitted in relation to Minute 579 – Adoption of an Inclusive Service Plan focussed on Hackney Carriage and Private Hire Licensing and Minute 580 – Adoption of a Revised Hackney Carriage and Private Hire Licensing Policy, as follows:

1.     Statement from Richard Fieldman, Harrogate

Dear Councillors

I am here today to bring you the feelings of the taxi trade, or more precisely, the nearly one hundred drivers that I represent, on your agenda item, that is, suitable vehicles to be licenced as hackney carriages.

One bad policy decision that has already been made, has seen a depletion in your WAV fleet, a decision that I warned both councillors Les, and Bastiman what the result would be if it was adopted, and was told “no that won’t happen, and if it does, you can come back round this table and say, I told you so” well here I am.

Now before you vote in favour of the proposal before you today, please don’t make the same mistake again! The vehicles that you are being asked to approve will see the same result in your taxi fleet, a depletion of drivers who are not willing to invest in a Wav vehicle, Electric vehicle, or a hybrid, and many have already expressed that if this policy is adopted, they will simply leave the trade, and seek employment elsewhere, due to the constant restrictions you are putting in place.

We feel we are being made the scapegoat for your previous bad decision, and being beaten with a big stick into being forced into purchasing a WAV vehicle, as a lesser of evils, this will not happen, and the result will be, an under provision of your normal taxi fleet.

Today I ask that you take York Councils lead, that despite their documented controversial new taxi policy, they have listened to their drivers, and have included Euro 6 emission vehicles as suitable for licensing, after all, if the government deem them fit to enter clean air zones, then why should they not be suitable to be licensed as taxis?

The trade have faced, and are facing, great expense and difficulty maintaining a profitable and viable business in these present times. We are being swamped and overtaken by a massive influx of Uber cars in North Yorkshire, and they have a distinct advantage over us regarding licensing conditions, and we must be allowed to be able to have an equal choice of vehicle as them, and York, to be able to keep our quota of taxis in North Yorkshire.

And so I request that today, a counter proposal is put forward, that in addition to the proposed suitable vehicles to be licensed as hackney carriages, Euro 6 emission vehicles are also included.

I thank you for your time, and listening to my statement.

2.   Statement from Jackie Snape, Chief Executive of Disability Action Yorkshire

This morning, imagine that your car wouldn’t start before heading to this meeting. How would you have  ...  view the full minutes text for item 578.

Recommendations

1)     To consider the draft Inclusive Service Plan attached at Appendix A and the alternative version recommended by the General Licensing and Registration Committee at Appendix D.

2)     To approve the content of the draft Inclusive Service Plan attached at Appendix D as a draft for consultation, subject to the removal of the hybrid electric vehicle (HEV) option in relation to the hackney carriage vehicle specification.

3)     To approve the commencement of a public consultation to seek views on the draft Inclusive Service Plan and any viable alternatives, including the hybrid electric vehicle (HEV) option.

Considered – A report of the Corporate Director Environment seeking approval to consult on the proposed adoption of a new Inclusive Service Plan (ISP) in relation to hackney carriage and private hire licensing, which was attached at Appendix A.  The ISP had been produced in line with a commitment made by the Executive on 21 February 2023 and in accordance with the Department for Transport’s Best Practice Guidance recommending local authorities create and maintain an ISP describing the demand for accessible services and the strategy to make taxi and private hire services more inclusive.

The Executive Member for Managing our Environment, Councillor Greg White, introduced the report, advising that the new Inclusive Service Plan would subsequently lead to a requirement to change the policy on hackney carriage and private hire licensing, which would be considered at the following agenda item.

Gareth Bentley, the Head of Licensing, gave an overview of the two reports and gave an overview of key points as follows:

·        The first report presented a new policy document in relation to how the Council would fulfil its duties to improve services for people with disabilities, with a particular focus on wheelchair accessible vehicles.  The plan covered a range of things the Council proposed to do to improve access to licensed vehicles for people with disabilities

·        The second report provided the first review of the Hackney Carriage and Private Licensing Policy which had been adopted on 1 April 2023.  The review reflected revised guidance from the Department for Transport and sought to address needs in relation to wheelchair users.

·        The General Licensing and Registration Committee had been consulted on the proposed new ISP, and had submitted an alternative ISP for consideration, which was included at Appendix D.  The alternative also included a hybrid electric vehicle option.

·        A 12 week consultation would commence early in 2025, with a report back to Executive expected in May 2025.

Members of the Executive considered the difficulties of supporting the needs of both taxi drivers and those needing to use wheelchair accessible vehicles. 

Councillor Tim Grogan, Chair of the General Licensing and Registration Committee, addressed the Executive and reported that the Committee wanted to see an increase in WAVs, but also wanted to support the taxi trade. 

Members emphasised the importance of the consultation as an opportunity to get the views of all those with an interest in the matter.  All options would be consulted on.

Resolved (unanimously) – that

1)     the draft Inclusive Service Plan attached at Appendix A and the alternative version recommended by the General Licensing and Registration Committee at Appendix D, be noted

2)     the content of the draft Inclusive Service Plan attached at Appendix D be approved as a draft for consultation

3)     the commencement of a public consultation to seek views on the draft Inclusive Service Plan and any viable alternatives be approved

Reasons for recommendations

The Council has committed to developing and maintaining an Inclusive Service Plan and must have regard to the Department for Transport’s Best  ...  view the full minutes text for item 579.

Recommendations

1)     To consider the draft Hackney Carriage and Private Hire Licensing Policy attached at Appendix A and the alternative version recommended by the General Licensing and Registration Committee at Appendix D.

2)     To approve the content of the draft Hackney Carriage and Private Hire Licensing Policy attached at Appendix D as a draft for consultation, subject to the removal of the hybrid electric vehicle (HEV) option in relation to the hackney carriage vehicle specification.

3)     To approve the commencement of a public consultation to seek views on the draft Hackney Carriage and Private Hire Licensing Policy and any viable alternatives, including the hybrid electric vehicle (HEV) option.

Considered – A report of the Corporate Director Environment seeking approval to consult on a revised Hackney Carriage and Private Hire Licensing Policy.  The existing policy had been revised to take account of the draft Inclusive Service Plan considered at Minute 579.

The item was considered in conjunction with Minute 579, with only the recommendations and vote being taken separately.

Resolved (unanimously) - that

1)     the draft Hackney Carriage and Private Hire Licensing Policy attached at Appendix A and the alternative version recommended by the General Licensing and Registration Committee at Appendix D be noted

2)     the content of the draft Hackney Carriage and Private Hire Licensing Policy attached at Appendix D be approved as a draft for consultation

3)     the commencement of a public consultation to seek views on the draft Hackney Carriage and Private Hire Licensing Policy and any viable alternatives be approved

(Councillor Gareth Dadd was not in the meeting room for the vote on this item)

Reasons for recommendations

The Council has committed to reviewing the Hackney Carriage and Private Hire Licensing Policy with a view to making hackney carriage and private hire services more inclusive and the Council must have regard to the Department for Transport’s Best Practice Guidance.

Alternative options considered

The Council may consider retaining the existing policy. However, the current shortage of wheelchair accessible vehicles would be highly unlikely to change and any outstanding items from the Department for Transport’s Best Practice Guidance would not be implemented.

Alternative options have already been explored to encourage more wheelchair accessible vehicles to be licensed in North Yorkshire by waiving the licence fee and relaxing the age limits on WAVs. However, the number of hackney carriage WAVs in North Yorkshire remains very low and there is no reasonable expectation that this will change without further intervention.

Alternative options have subsequently been considered to address the shortage of wheelchair accessible vehicles (including imposing a mandatory wheelchair accessible requirement on all licensed vehicles). The current proposal, however, is considered a more reasonable and proportionate measure to satisfy the Council’s public sector equality duty and its air quality obligations without imposing unnecessary regulatory burdens on businesses.

Recommendations

Executive is asked to:

1)     Note the commitment from the North Yorkshire Place Board on 27^th November to transform the community and neighbourhood health and social care model in North Yorkshire.

2)     Approve the proposal in principle to establish a formal partnership in the form of a joint committee between HNY ICB (and the 2 other ICBs, subject to agreement) and North Yorkshire Council.

3)     Note the intention to have a new Section 75 agreement in place, which in some cases will replace and subsume current Section 75 agreements, subject to any public consultation as may be required legally.

4)     Note that final proposals will proceed through governance arrangements for formal decision making including ICB board and Executive approval.

Considered – A report of the Corporate Director Health and Adult Services which outlined proposals for a bespoke and far-reaching delegation arrangement between

North Yorkshire Council (NYC) and Humber and North Yorkshire (HNY) Integrated Care Board (ICB). The proposal included establishing a North Yorkshire Health Collaborative and supporting governance to enable the delivery of a single programme as described in the attached paper, ‘Ambitious for Health’ – a new approach to transforming health and care in North Yorkshire.

The Executive Member for Health and Adult Services introduced the report and stated that the proposed agreement was set in the context of health and social care being more integrated, which would require a greater focus on the community.  Funding would be devolved to a new Joint Committee, and the Council would gain increased influence over prevention and community spend over the next two years.

Richard Webb, Corporate Director Health and Adult Services, gave an overview of the report and highlighted key points as follows:

·        This would be the first time there would be a single work programme across health and social care, and consisted of three elements:

(1) A Core work programme in relation to prevention, health inequalities and  barriers to work

(2)   A strong assessment of the current state of health and social care across the Council and the NHS

(3)   Opportunities in relation to healthy places and the role of the NHS in communities

·        The Joint Committee would be chaired by the NYC Chief Executive and would have implications for the Health and Well-being Board

·        This would involve an alignment of budgets of £850m, which is the totality of community spend in North Yorkshire.  The pooled budgets that are proposed would be the nationally-mandated Better Care Fund, the existing s75 delegations for 0-19 and sexual health, £500k of NHS health inequalities funding and, potentially, the integrated quality team, but details to be considered when a final report comes back to Executive

The Chief Executive welcomed this report which presented a new approach to how community health services and adult social care could work together.

In response to a question from Councillor Janet Sanderson on why children’s services were not included, Richard Webb advised that the report set out building blocks over a multi-year programme and opportunities in relation to children and young people would be explored as part of this and are mentioned in the proposal.

Resolved (unanimously) - that

1)     the commitment from the North Yorkshire Place Board on 27^th November to transform the community and neighbourhood health and social care model in North Yorkshire be noted

2)     the proposal in principle to establish a formal partnership in the form of a joint committee between HNY ICB (and the 2 other ICBs, subject to agreement) and North Yorkshire Council be approved

3)     the intention to have a new Section 75 agreement in place be noted, which in some cases will replace and subsume current Section 75 agreements, subject to any public consultation as may be required  ...  view the full minutes text for item 581.

Recommendations

That Executive approves:

1)     to accept the funding awarded by the York and North Yorkshire Combined Authority towards the delivery of priority projects and development of business cases for pipeline projects by North Yorkshire Council.

2)     delegation to the Corporate Director of Community Development in consultation with the Corporate Director of Resources and the Assistant Chief Executive for Legal and Democratic to agree and enter into the final terms of the grant agreement with the YNYCA.

3)     that the funding allocations and responsibility for seeking any necessary further internal project approvals in relation to project delivery are allocated to the lead Project Managers and relevant Directorate/Service as set out in paragraph 2.2 above.

Considered – A report of the Corporate Director Community Development requesting approval to accept funding from the York and North Yorkshire Combined Authority (YNYCA) to deliver the priority projects as set out in the report.  Delegated authority was also sought for the Corporate Director Community Development, in consultation with the Corporate Director Resources and the Assistant Chief Executive Legal and Democratic Services, to agree and enter into the final terms of the grant agreement with the YNYCA,

The Executive Member for Open to Business, Councillor Mark Crane, introduced the report and welcomed the support for the eight projects which had been submitted to the YNYCA for assessment and subsequently approved.  The projects were: Selby Station Gateway, works to accompany the Harrogate Station Gateway TCF scheme, Scarborough Boat Lift, Electric vehicle charging, the Wyvern Link Road, Abbey Quarter, Selby, Accelerating Housing Delivery and Ripon Connectivity and further details were included at pages 269 to 271 of the report.

Resolved (unanimously) - that

1)     the funding awarded by the York and North Yorkshire Combined Authority towards the delivery of priority projects and development of business cases for pipeline projects by North Yorkshire Council be accepted

2)     delegated authority be given to the Corporate Director of Community Development in consultation with the Corporate Director of Resources and the Assistant Chief Executive for Legal and Democratic to agree and enter into the final terms of the grant agreement with the YNYCA

3)     the funding allocations and responsibility for seeking any necessary further internal project approvals in relation to project delivery are allocated to the lead Project Managers and relevant Directorate/Service as set out in paragraph 2.2 of the report

Reasons for recommendations

The recommendations will secure additional external funding to bring forward significant regeneration proposals in North Yorkshire and accelerate the development of a pipeline of future schemes to help meet local and regional objectives.

RECOMMENDATIONS         

The Executive is recommended to:

1)               Agree in principle to support the Soft Market Testing recommended Option 3 - the creation of Studio 2 and explore the shift to a more commercial operational approach.

Subject to the approval of the above recommendation, it is further recommended that:-

2)               Officers scope and tender the most cost-effective construction works to create Studio 2, engaging with NYC Align Property Partners and utilising preparatory work already completed, with cost estimates indicating a budget of £7 million.

3)               Develop a new Business Plan for HCC including investment in Studio 2, commercial operating models and the future vision for HCC supported by financial, operational, and sustainability plans.

4)               Delegate to the Corporate Director Resources, in consultation with the Corporate Director Community Development, Executive Member for Finance and Resources, Executive Member for Open to Business, the authority to approve the business case to implement the improvements to Studio 2 to the value of £7m and to undertake any associated decisions.

5)               Review and define the governance requirements for HCC.

6)               Actively pursue and secure future funding opportunities, including North Yorkshire Mayoral Investment, government grants, and other sustainability initiatives.  As part of the business case, consider rebranding HCC to broaden its market appeal and align with the strategic goals for the wider Yorkshire region.

7)               Scope and implement immediate sustainability improvements and develop a long-term strategy, including identifying external funding opportunities.

8)               Prioritise essential property maintenance repairs to ensure the safe management and operation of HCC and explore delivering essential works via a small in-house team utilising existing North Yorkshire procurement frameworks.

9)               Delegate authority to Officers to continue engaging with potential external operators or buyers of HCC, with further reports as required to be brought back to Members.

10)            Delegate authority to the Corporate Director Resources, in consultation with the Assistant Chief Executive for Legal and Democratic Services, to review and approve specific officer delegations, for the HCC Director, to support commercial operating.

Considered – A report of the Corporate Director Resources informing Executive of the results of the soft market testing (SMT) carried out by 31Ten for the Harrogate Convention Centre (HCC), and providing recommendations for the next steps including the development of Studio 2 and the consideration of adopting a more commercial operating model.

The Executive Member for Open to Business, Councillor Mark Crane, welcomed Paula Lorimer, the Director HCC, to the meeting and referred to the importance of the HCC to the economy of Harrogate. 

Paula Lorimer then gave an overview of the soft market testing undertaken and made the following key points:

·        Executive had agreed not to continue with the £57m redevelopment due to escalating costs, the prospects of large parts of the venue being closed for three years and failure to get Levelling Up funding.  The SMT had been undertaken to determine the best way forward.

·        The objectives set by the Council for the SMT were to look at ways of retaining the £45m benefit to the economy of Harrogate, protecting the public purse, reducing carbon emissions and exploring alternative operating models

·        Findings of the report indicated there would be little market interest in running such a venue and local authority venues normally operated at a loss.  Market feedback on the venue was positive, though Studio 2 could facilitate conferences better.  Ongoing maintenance was critical and further income could be leveraged from developing partnerships with local organisations.

·        Five options were identified, as set out at paragraph 3.9 of the report, with Option 3 being the recommended way forward: commercial investment of £7m in Studio 2 to create breakout spaces for larger conferences and an escalator for easier access, which was projected to generate an additional £1.5m in annual income

Gary Fielding, Corporate Director Resources, thanked Paul Lorimer, Nick Edwards and Paul Foster for their work on this and confirmed that the venue required investment.  There was a need for match and other funding to be sought and it was hoped that the Council’s willingness to invest would means others would be confident to come forward with funding.

Resolved (unanimously) – that

1)               Executive agree in principle to support the Soft Market Testing recommended Option 3 - the creation of Studio 2 and explore the shift to a more commercial operational approach.

2)               Officers scope and tender the most cost-effective construction works to create Studio 2, engaging with NYC Align Property Partners and utilising preparatory work already completed, with cost estimates indicating a budget of £7 million.

3)               a new Business Plan for HCC be developed including investment in Studio 2, commercial operating models and the future vision for HCC supported by financial, operational, and sustainability plans.

4)               authority be delegated to the Corporate Director Resources, in consultation with the Corporate Director Community Development, Executive Member for Finance and Resources, Executive Member for Open to Business, the authority to approve the business case to implement the improvements to Studio 2 to the value of £7m and to undertake  ...  view the full minutes text for item 583.

Recommendations

That the Executive appoints Councillor Nigel Knapton and John Corden to the Kyle and Upper Ouse Internal Drainage Board.

Considered – A report of the Assistant Chief Executive Legal and Democratic Services in relation to changes to appointments to outside bodies.

Resolved

That the Executive appoints Councillor Nigel Knapton and John Corden to the Kyle and Upper Ouse Internal Drainage Board.

Considered – The Forward Plan for the period 9 December 2024 to 28 February 2026 was presented.

Resolved

That the Forward Plan be noted.