740. |
Public Questions and Statements
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.
Minutes:
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.
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741. |
Review of Maximum Hackney Carriage Fares  PDF 381 KB
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.
Additional documents:
Minutes:
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).
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742. |
Regulatory Services Fixed Penalty Notice Policy PDF 248 KB
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.
Additional documents:
Minutes:
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:
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Option 1 (Recommended):
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Align each FPN to the current highest locality, with a
moderate increase for some offences.
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This appears to be a reasonable and proportionate option at
this time. Any reduction in FPN rates in a particular locality may be
reported without an explanation of the overall picture for North Yorkshire.
This could potentially give the wrong message in those areas.
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Option 2
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Align each FPN to the current lowest locality.
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This would prevent existing lower charges being subject to
a sudden large increase. This would mostly affect littering and householder
duty of care. However, the result in some areas would be a reduction, as
highlighted in Option 1 above.
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Option 3
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Set all FPN’s at the maximum permitted level.
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This may ... view the full minutes text for item 742.
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743. |
Report of the Crustacean Deaths Working Group PDF 16 MB
Recommendation
That the Executive endorse the final report of the Crustacean
Deaths Working Group.
Minutes:
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.
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744. |
Draft Homelessness and Rough Sleeping Strategy 2025 to 2030 PDF 385 KB
Recommendation
Executive is asked to recommend approval of the homelessness
and rough sleeping strategy 2025-2030 for adoption by Full Council.
Additional documents:
Minutes:
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.
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745. |
Brierley Homes Independent Review and Funding Update PDF 547 KB
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.
Minutes:
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.
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746. |
Recharging for Scheduled Parish Elections PDF 247 KB
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.
Additional documents:
Minutes:
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
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747. |
Closure of Wentworth Street and Back of Micklegate Public Conveniences PDF 367 KB
Recommendation
That the public conveniences at Wentworth Street, Malton and
Back of Micklegate, Selby be permanently closed immediately.
Additional documents:
Minutes:
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.
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748. |
Forward Plan PDF 470 KB
Minutes:
Considered – The Forward Plan for the period 5 September 2025 to 30 September 2026
was presented.
Resolved
That the Forward Plan be noted.
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749. |
Date of Next Meeting - 21 October 2025
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