Agenda and draft minutes

Apologies for absence were received from Councillor Michael Harrison.

Resolved –

That the public minutes of the meeting held on 16 April 2024, having been printed and circulated, be taken as read and confirmed by the Chair as a correct record.

Councillor Gareth Dadd declared an interest in Minute 445 – Creation of New Audit Company, as he was an unpaid Director of Veritau, and left the meeting during consideration of the item.

Councillor Greg White declared an interest in Minute 443 – Proposal to close St Hilda’s Ampleforth Church of England VC Primary School, as his wife was an unpaid trustee of Arete Learning Trust.  As this was not a pecuniary interest Councillor White remained in the meeting room and took part in the debate and vote.

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 there was an exempt appendix relating to Minute 445 – Creation of New Audit Company.  As the contents of the appendix were 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, elizabeth.jackson@northyorks.gov.uk and supplied the text by midday on Wednesday 1 May 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.

A public question was received from Mr Richard Fieldman in relation to Minute 442 – Review of Maximum Hackney Carriage Fares as follows:

As representative of 70 drivers in the trade, I am here today to object to the proposed tariff increase you see before you today.

As Mr Bentley will testify, the proven fare formula that was previously used by Harrogate Borough council, and also Transport for London, in determining an increase needed for the taxi trade in order to keep up with the increase in annual expenses and cost of living, showed we needed an increase of 5%.

The trade therefore requested that increase across the board. We were happy with the initial flagfall to remain as is, on tariffs 1,2, and 3, but requested the 5% on the running mile, and the waiting time on all of those three tariffs, as well as an increase on the callout charge, from £1 per mile to £2 per mile.

What you see before you today is totally unacceptable for those that work nights, and the unsocial xmas period. The proposal gives no increase to those working these hours, which less and less drivers are prepared to work these days.

The proposal is to bring tariff 2 in at 10pm, from the current 11pm at present. This will have minimal effect of an increase for those who only work nights, and those that are prepared to sacrifice their xmas with their family, to give the public a service during a festive, alcoholic holiday.

It is ironic that officers recognise that drivers need rewarding for late night unsocial hours, filled with abusive, alcohol and drug fuelled customers, yet are failing to provide them with the same increase as the daytime drivers. Night time work since covid is split into two categories, those that go out early evening for meals, usually going home between 8.30/9pm, and those that are out for a long drinking session, going home from 11pm onwards, the work between 10pm-11pm is minimal, so that proposal will give very little benefit to those working night hours.

The callout charge has been at a £1 per mile for many years, and as well as increased fuel costs, it has become unviable in a vast rural county, to travel many miles to pick a customer up, to take them a minimal distance, and therefore drivers are refusing to do these types of journey, leaving many customers stranded in the middle of nowhere, unable to get home.

It is absolutely imperative that you reject this proposal if you wish to see adequate coverage of drivers working nights and the xmas period. Areas such as Ripon, Thirsk, Northallerton, and Skipton, are massively short of drivers working these times, and if you accept this proposal you will be ensuring even less cover in these areas, as you are not allowing them the increase they need, not only to run their businesses successfully, but to put up with the abuse, and difficult customers they experience  ...  view the full minutes text for item 441.

Recommendation

To approve the publication of the proposed variation to the Council’s Hackney Carriage Table of Fares as set out in Appendix D (with or without modifications), subject to further consideration in the event of any objections being received.

Considered – A report of the Assistant Director for Integrated Passenger Transport, Licensing, Public Rights of Way and Harbours regarding a proposal to vary the Council’s Hackney Carriage Table of Fares.  A proposed variation must be advertised for a specified period and could only come into effect at the end of the period if no objections were received and approval was sought for the publication of the proposed table of fares attached at Appendix D.

Councillor Greg White introduced the report which presented the review in advance of formal consultation on the proposed new fares.  Mr Richard Fieldman, a representative of an informal group of taxi drivers from the Harrogate area, and Councillor Barbara Brodigan made statements to which Councillor Greg White responded, as detailed at Minute 441.

Executive Members considered the proposal and made the following points:

·        When the current table of fares had come into effect in April 2023 there had been agreement that it be reviewed in 12 months’ time

·        It was noted that these were maximum fares and drivers were able to charge a lower amount if they wished; and it was confirmed that the notices in taxis stated the amounts listed were maximum amounts

·        The matter would only come back to the Executive if objections were received following publication of the statutory notice

Resolved (unanimously) – that:

The publication of the proposed variation to the Council’s Hackney Carriage Table of Fares as set out in Appendix D be approved, subject to further consideration in the event of any objections being received.

Recommendations

i)                 Statutory proposals and notices be published on 22 May 2024 proposing to cease to maintain St Hilda’s Church of England VC Primary School with effect from 31 August 2024.

ii)        The proposals include that, in the event of closure, the catchment area currently served by St Hilda’s Church of England VC School will be split between Terrington CE VA Primary School, Helmsley Community Primary School and Husthwaite CE. The parishes of Gilling East, Grimstone, Cawton and Coulton would become part of the catchment area for Terrington Church of England. The parishes of Oswaldkirk and Stonegrave would become part of the catchment area for Helmsley Community Primary School. The parishes of Byland with Wass and Ampleforth would become part of the catchment area for Husthwaite Church of England

iii)    The Executive schedule taking a final decision on these proposals on 16 July 2024.

Considered – A report of the Corporate Director – Children’s and Young People’s Service providing details of the outcome of the public consultation carried out by the Council on the proposal to close St Hilda’s Ampleforth CE VC Primary School.  Authorisation was requested for the publication of proposals and statutory notices and to schedule taking a final decision on the proposal on 16 July 2024.

Councillor Annabel Wilkinson introduced the report and advised that on 17 January the governing body had resolved to commence consultation on the proposal to close the school due to low pupil numbers, the resulting finances and matters of future leadership.  Whilst the consultation had shown a great deal of local support for the school, low pupil numbers had led to the proposal at section 6 of the report that the school cease to be maintained from 31 August 2024 and that the catchment be split as outlined at paragraph 6.1.

Councillor Steve Mason was in attendance at the meeting and spoke in objection to the proposal requesting that consideration be given to finding ways to keep these small schools open.  The Corporate Director – Children’s and Young People’s Service advised that there was a surplus of school places in the county.  St Hilda’s would only have 10 pupils on the roll in September, whilst there were 94 children in the catchment area and the school had consistently been rated as good by Ofsted.  The community were choosing not to use this school as there were good schools elsewhere and the Corporate Director reported on which schools local children were attending.

Resolved (unanimously) – that:

i)       Statutory proposals and notices be published on 22 May 2024 proposing to cease to maintain St Hilda’s Church of England VC Primary School with effect from 31 August 2024.

ii)      The proposals include that, in the event of closure, the catchment area currently served by St Hilda’s Church of England VC School will be split between Terrington CE VA Primary School, Helmsley Community Primary School and Husthwaite CE. The parishes of Gilling East, Grimstone, Cawton and Coulton would become part of the catchment area for Terrington Church of England. The parishes of Oswaldkirk and Stonegrave would become part of the catchment area for Helmsley Community Primary School. The parishes of Byland with Wass and Ampleforth would become part of the catchment area for Husthwaite Church of England

iii)    The Executive schedule taking a final decision on these proposals on 16 July 2024.

Recommendations

i)                 That the Protecting Dark Skies in the Nidderdale Area of Outstanding Natural Beauty SPD is adopted, to be used as a material consideration in planning decisions within the Nidderdale AONB area.

ii)                That the Head of Planning Policy and Place be authorised to make minor amendments and graphical improvements ahead of adoption.

Considered – A report of the Assistant Director for Planning presenting the Protecting Dark Skies in the Nidderdale Area of Outstanding Natural Beauty Supplementary Planning Document (SPD), which supports the implementation of the Harrogate Local Plan 2014-2035.

Councillor Derek Bastiman, Executive Member for Open to Business, introduced the item and advised that the SPD would be used when determining planning applications in the Nidderdale AONB as it set out the levels and types of lighting appropriate for different zones.  The SPD had been published for public consultation in February 2023 and the full details of the responses received were set out at Appendix B.

The Executive Member agreed to discuss with the Director whether a similar SPD could be developed for the Howardian Hills.

Resolved – that:

i)       That the Protecting Dark Skies in the Nidderdale Area of Outstanding Natural Beauty SPD is adopted, to be used as a material consideration in planning decisions within the Nidderdale AONB area.

ii)      That the Head of Planning Policy and Place be authorised to make minor amendments and graphical improvements ahead of adoption.

Recommendations

i)                 approve the Business Case at Appendix A

ii)                approve the implementation of a new jointly owned company, in accordance with the details set out in the Business Case at Appendix A;

iii)              approve the setting up of a company limited by guarantee;

iv)              delegate to the Chief Executive (as Shareholder Representative) the approval of any dividend payment by Veritau Limited and authorise the Chief Executive (as Shareholder Representative) to sign any relevant shareholder resolutions in relation to a dividend;

v)               approve the investment of a “subscription fee” in NewCo;

vi)              delegate the approval of the articles, the company name, the members agreement and any other governance documents associated with new company to Assistant Chief Executive – Legal and Democratic Services;

vii)             delegate the Council entering into all other agreements and documents

necessary for the establishment of the new company to the Assistant Chief

Executive – Legal and Democratic Services;

viii)           delegate to the Assistant Chief Executive Legal and Democratic Services to

progress and conclude the working arrangements of NewCo including the

method of the provision of support services, staffing and secondment

arrangements between NewCo and Veritau Limited;

ix)              delegate all other necessary steps to secure the implementation of the

proposed Option to the Assistant Chief Executive – Legal and Democratic

Services;

x)               delegate to the Chief Executive (as Shareholder Representative) the appointment of the directors of NewCo on behalf of the Council; and

xi)              agree that the appointed officers to the board of directors of the company on behalf of the Council will be entitled to indemnity in accordance with the Council’s Indemnity Policy for Members and Employees.

Considered – A report of the Corporate Director of Resources which provided a business case for the establishment of a new company for the provision of audit, counter fraud and information governance services which would adhere to the Teckal exemption in the Public Contracts Regulations 2015 and be known as Veritau Public Sector Limited.  Approval was sought for the establishment of the new company which would be jointly owned between North Yorkshire Council, City of York Council, Middlesborough Borough Council and Redcar and Cleveland Borough Council and limited by guarantee.  Approval was also sought for the existing company, Veritau Limited, to operate on an entirely commercial basis in the future without the benefit of Teckal exemption.

The Assistant Director Resources introduced the report and confirmed that the new company would be not for profit.

Resolved (unanimously) – that:

i)                 the Business Case at Appendix A be approved;

ii)                the implementation of a new jointly owned company, in accordance with the details set out in the Business Case at Appendix A, be approved;

iii)              the setting up of a company limited by guarantee be approved;

iv)              the Chief Executive (as Shareholder Representative) be delegated the approval of any dividend payment by Veritau Limited and authorise the Chief Executive (as Shareholder Representative) to sign any relevant shareholder resolutions in relation to a dividend;

v)               the investment of a “subscription fee” in NewCo be approved;

vi)              the approval of the articles, the company name, the members agreement and any other governance documents associated with new company be delegated to Assistant Chief Executive Legal and Democratic Services;

vii)             the Council entering into all other agreements and documents necessary for the establishment of the new company be delegated to the Assistant Chief Executive Legal and Democratic Services;

viii)           the Assistant Chief Executive Legal and Democratic Services be delegated to progress and conclude the working arrangements of NewCo including the method of the provision of support services, staffing and secondment arrangements between NewCo and Veritau Limited;

ix)              all other necessary steps to secure the implementation of the proposed Option be delegated to the Assistant Chief Executive Legal and Democratic Services;

x)               the Chief Executive (as Shareholder Representative) be delegated the appointment of the directors of NewCo on behalf of the Council; and

xi)              the appointed officers to the board of directors of the company on behalf of the Council will be entitled to indemnity in accordance with the Council’s Indemnity Policy for Members and Employees.

Recommendation

The Executive is asked to note the report and consider any matters arising from the work of the Area Constituency Committees detailed above, that merit further scrutiny, review or investigation at a county level.

Considered–  A report of the Assistant Chief Executive Legal and Democratic Services providing an overview of the key issues considered at recent meetings of the Area Constituency Committees. 

Resolved- That the report be noted.

Considered –

The Forward Plan for the period 25 April 2024 to 30 April 2025 was presented.

Resolved –   That the Forward Plan be noted.