Thursday, 24 July 2008
Council Chamber, Ryedale House, Malton
Present
Councillors: Mrs Cowling (in the Chair), Mrs Arnold, Bailey,Mrs De Wend Fenton, Frank, Hemesley, Mrs Hodgson, Hope, Jackson,Mrs Keal and Woodward.
By Invitation of the Chairman: Councillors Wainwright and MsWarriner.
Observer: Councillor Clark
In Attendance
Mrs B Bennett, P Cresswell, R Etherington, Miss C Gaynor, MrsJ Holmes, Mrs M Jackson, P Long, S Richmond, J Rudd, Ms SWard.
Minutes
124. Apologies for Absence
There were no apologies received.
125. Minutes
The minutes of a meeting of the Community Services &Licensing Committee held on
29 May 2008 were submitted (previouslycirculated).
Resolved
That the minutes of the last meeting ofthe Community Services & Licensing Committee held on 29 May2008 be approved and signed by the Chairman as a correctrecord.
126. Minutes – Community Leisure WorkingParty
The minutes of a meeting of the Community Leisure WorkingParty held on 5 June 2008 were submitted (previouslycirculated).
The Corporate Director referred to the resolution of MinuteNo: CLWP. 61 (Community Leisure Review (June)) and reminded Membersthat the Community Leisure Working Party Terms of Reference detailsthat ‘The Working Party will meet at least four times a year andwill review arrangements with Community Leisure Limited (CLL) atleast annually and provide a report to Council as approved byCommunity Services & Licensing Committee’. Therefore this meantthat the Working Party itself were to carry out the 12 month reviewof CLL and not Overview & Scrutiny Committee asrecommended.
Members agreed that the resolution of Minute No: CLWP. 61 beamended to read:
‘That the Ryedale District Council Members and Officers of theCommunity Leisure Working Party proceed to carry out the 12 monthreview of CLL.’
Resolved
That the minutes of a meeting of theCommunity Leisure Working Party held on 5 June 2008 as amended beendorsed.
127. Urgent Business
The Chairman reported that there were no items to beconsidered as a matter of urgency by virtue of Section 100B(4)(b)of the Local Government Act 1972.
128. Declarations of Interest
In accordance with the Members’ Code of Conduct the followingdeclarations of interest were made:
| Item 6 | Councillor MrsFrank declared a personal interest in this item, as a member of theMoors and Coast Tourism Partnership. |
| Item 6 | CouncillorWoodward declared a personal interest in this item, as his wife isthe owner of a Bed & Breakfast affected by tourism. |
| Item 10 | Councillor MrsKeal declared a personal interest in this item, as a member of theMalton and Norton Area Partnership Board. |
| Item 16 | Councillor Hopedeclared a personal interest in this item, as an owner of a stallon the Farmers Market |
129. Yorkshire Moors and Coast Tourism PartnershipUpdate
Appendix 2*
The Tourism Officer submitted a report (previously circulated)the purpose of which was to inform Members of the development ofthe Yorkshire Moors and Coast Tourism Partnership (YMCTP).
In April 2003, Government passed the remit for strategicdevelopment of tourism to the Regional Development Agencies.Yorkshire Forward responded to this new role by conductingextensive ‘Roles and Responsibilities’ research to review howtourism services were delivered, and how this could be improved.They had concluded that tourism services provided by individualLocal Authorities resulted in different levels of service andimprovements could be made to efficiency and effectiveness throughdevelopment of a new structure. Yorkshire Forward offered £8million over four years for the establishment of a new structure oftourism partnerships/Destination Management Organisations based onthe sub-regions in Yorkshire. In North Yorkshire it was agreed thatas York and the Yorkshire Dales already had marketing partnershipsin place, and because of the geographic size and numbers or tourismbusinesses, it was more appropriate to have three partnerships inNorth Yorkshire:
- Yorkshire Moors and Coast
- Yorkshire Dales & Harrogate
- York (which included Selby District)
The £2 million for the North Yorkshire sub-region would besplit equally between the three tourism partnerships, and equatedto £166,000 per annum for each partnership for the first threeyears, with a potential £168,666 in year 2009-10, subject toYorkshire Forward agreement.
The YMCTP was established on 1 April 2006 and this Council hadsupported it and contributed to its operation and activities sincethis time.
At the meeting of this Committee on the 31 January 2008Members approved the transfer of its net tourism budget to theYMCTP for the period 2008-13, subject to a review at the end of thethird year, in line with the Council’s financial planning processand Government grant settlement. The Council also agreed to thesecondment of its tourism team to the YMCTP for this term toundertake duties required for the delivery of the YMCTP’s BusinessPlan.
The report provided details of a number of tourism relatedissues including:
- Services provided by the YMCTP and benefits to Ryedale DistrictCouncil
- Issues faced by the YMCTP
- Plans for future tourism services in Yorkshire
Resolved
(a) That the report be received and thecurrent position of the partnership be noted.
(b) That Ryedale District Councilcontinues to support the YMCTP as agreed on 31 January 2008.
NB. Councillor Mrs Frank declared a personal interest in thisitem as a member of the Moors and Coast Tourism Partnership.
NB1. Councillor Woodward declared a personal interest in thisitem, as his wife is the owner of a Bed & Breakfast affected bytourism.
130. Recovery of Disabled Facilities Grant CapitalExpenditure
The Housing Services Manager submitted a report (previouslycirculated) which sought Members' approval to recover DisabledFacilities Grant expenditure following the disposal of the grantapplicant's interest in the property.
There had been a gradual increase in demand for grantassistance from disabled applicants in order to undertake schemesof work aimed specifically at mitigating a particular disability.The grant process involved both the County Council and the DistrictCouncil. An initial assessment of the scope of the works requiredto be undertaken was carried out by an Occupational Therapist withthe application procedure and subsequent payment of grant being theresponsibility of Housing Services.
Demand for assistance had exceeded available resources forsome time and in order to try and address some of the potentialproblems that this caused, a prioritised waiting list wasintroduced some years ago allowing the Council to directavailable resources to those applicants in greatest need. Ryedalehad a growing elderly population with a greater proportion ofpeople over the age of 65 than the national average and the highestproportion of people over the age of 80 in the County. The abilityto recover grant with the necessary safeguards so as not toadversely affect the recipient of grant will enable the limitedfinancial resources which were available to be recycled and soenhances the Council's ability to meet the demands whichwere being placed on the service.
The Housing Services Manager reported that it was consideredthat the recovery of grant, subject to the qualifying criteriabeing met, would enable the Council to discharge its statutory dutyin relation to the award of Disabled Facilities Grant to qualifyingapplicants more effectively. It would create an additional sourceof capital funding to supplement that which was already availableand could be recycled for future use and afford some protection forthe programme should there be any future reduction inexchequer contributions.
Resolved
(a) That, in principle, the recovery ofDisabiled Facilities Grant expenditure following the disposal of agrant applicants’ interest in their property be approved.
(b) That any such repayment that may berequired be subject to it being reasonable in all the circumstancesto recover the payment.
(c) That the authority to recover any suchpayment be delegated to the Housing Services Manager.
131. Car Park Action Group – Petition
The Corporate Director reminded Members that at the meeting ofCouncil held on 10 July 2008 a petition was accepted by theChairman from representatives of the Car Park Action Group.
The petition was worded as follows:
(a) Not to sell Wentworth Street Car Parkin view of the need to retain ALL car park spaces for the presentneeds and future growth of Malton and Norton;
(b) To review the car park charges in allMalton car parks.
The Corporate Director reported that Members were requested toconsider part (b) of the petition and that part (a) was to beconsidered at the next meeting of the Policy & ResourcesCommittee.
The Corporate Director asked Members to note that there were anumber of ongoing actions in relation to car parking:
- A car parking review scoping report was being presented to theOverview & Scrutiny Committee to consider at its meeting of 8August 2008
- Discussions with the Fitzwilliam estate and Business in Actionare ongoing in relation to charges and car parking provision inMalton town centre.
Members noted the ongoing actions and were of the view thatthe Committee should seek the outcome of these prior toconsideration of any further work. Members requested that therepresentatives of the Car Park Action Group be informed of theongoing work.
Resolved
That no further action be taken until theoutcomes of the review and meetings with stakeholders have takenplace.
132. Single Homelessness Strategy for North Yorkshireand Local Action Group
The Housing Services Manager submitted a report (previouslycirculated) which sought Members' approval for a singleHomelessness Strategy for North Yorkshire and an associated localAction Plan specific to Ryedale.
The Homelessness Act 2002 required Local Housing Authoritiesto have Homelessness Strategies in place. The purpose of thesestrategies was to outline the ways in which Council’s and theirpartners work together to prevent homelessness and to providehousing and support for the homeless.
Each individual district in North Yorkshire produced their ownseparate Homelessness Strategies in 2003, however the Governmentrequired that all these strategies be updated and replaced by 31July 2008. Following the recommendations of the Audit Commissionand the North Yorkshire Strategic Housing Board individualstrategies had since been replaced by a single over archingstrategy within individual action plans to reflect the detailedactions and initiatives that were developed at district level inorder to achieve the sub regional objectives.
The Housing Services Manager reported that the development ofa Single Homelessness Strategy for North Yorkshire was part of thedrive towards better joint working with North Yorkshire generally.It would ensure a consistent approach across the County, thesharing of best practice and the provision of preventative andreactive services for homeless people.
Resolved
(a) That the draft single HomelessnessStrategy for North Yorkshire be approved.
(b) That the local (Ryedale) HomelessnessAction Plan be approved.
(c) That future decisions regarding theHomelessness Strategy for North Yorkshire be delegated to the NorthYorkshire Strategic Housing Board.
133. Malton Market Place – Proposal for ContinentalMarket
The Environmental Health Manager and the Commercial ServicesManager submitted a report (previously circulated) the purpose ofwhich was to obtain Members’ views on a proposal to hold twocontinental market events on 29/30/31 August and 12/13/14 December2008.
Due to concern of Members as to the perceived decline inMalton Market, Members of this Committee had agreed to have a roundtable discussion this meeting (24 July 2008). The EnvironmentalHealth Manager attended a meeting of the Five Towns on 2 June 2008to discuss the current condition and potential future for thestreet markets in Ryedale. As a result of the meeting the FiveTowns decided to hold a discussion for all interested parties onthe markets held on 7 July for views and opinions to feed into thismeeting of the Committee.
The Environmental Health Manager reported that the proposalfor a Continental market was a welcome initiative and should bepopular with residents, businesses and tourists.
Resolved
That Members support the initiative byproviding the market square to the front of St Michael's Church andenter into discussions with the relevant parties over assistingwith publicity of the event and provision or dedicated car parkingfacilities and street cleaning and waste collection fortraders.
NB. Councillor Mrs Keal declared a personal interest in thisitem as a member of the Malton and Norton Area Partnership.
134. Review of Out of Hours Stray DogPolicy
The Environmental Health Manager submitted a report(previously circulated) the purpose of which was in order forMembers to review the policy for dealing with stray dogs out ofhours.
Section 150 of the Environmental Protection Act 1990, incombination with Section 149 of the Environmental Protection Act1990, the Environmental Protection (Stray Dogs) Regulations 1992and Section 3 of the Dogs Act 1906 placed a statutory duty on localauthorities and the police to receive stray dogs from the publicincluding outside usual office hours. Section 68 of the CleanNeighbourhoods and Environments Act 2005, removed all reference tothe police from Section 150 of the Environmental Protection Act1990 and repealed Section 3 of the Dogs Act 1906, leaving LocalAuthorities with sole responsibility for dealing with stray dogs.It was agreed that section 68 would not come into force until anagreement had been reached on an appropriate transfer of resourcesfrom the police to local authorities.
Delegation to the Environmental Health Manager for Section 68was provided by the report of the Council Solicitor to Policy &Resources Committee on 1 August 2005.
A report was submitted to this Committee on 29 November 2007,which outlined the new responsibilities. The followingrecommendations were approved:
- The policy that were practical, the Council provide anacceptance site for members of the public to use for the acceptanceof stray dogs outside of office hours
- The Dog Warden and Animal Welfare Officer, when available,retains his discretion to respond to out of hours situations
- The Environmental Health Manager be delegated to negotiate withsuitable providers to enable arrangements for out of hoursprovision for stray dogs
The Environmental Health Manager reported that adopting apolicy of providing the minimum requirements of an acceptance pointfor out of hours stray dogs had proved problematical. Provision ofan out of hour’s collection service via the third party kennels forthose finders of stray dogs that were unable or unwilling to retainthe dog until the next working day or take the dog to either of theacceptance kennels would enhance the quality of the service in themost cost effective manner.
Members raised concern with regard to the advertisement forthe policy to the members of the public. The Environmental HealthManager assured Members that all the necessary people had beeninformed of the new policy, which also included the Police ServiceCentre.
Resolved
(a) That the policy for stray dogs out ofhours be approved as reported:
“In situations where the finder isunwilling or unable to retain a stray dog until the next workingday or take the dog to an acceptance point, that where practical acollection service will be provided”.
(b) That the Dog Warden and Animal WelfareOfficer, when available, retains his discretion to respond to outof hours situations.
(c) That the Environmental Health Managerkeeps the policy under review.
135. The Way Forward – Review of the Taxi LicensingService
The Commercial Services Finance Manager submitted a report(previously circulated) which requested authorisation for theestablishment of a task group to review the Taxi Licensing Serviceand proposed a joint meeting with the Taxi Working Group.
At the meeting of this Committee on 10 April 2008 it wasresolved that the hackney carriage and private hire fees bereviewed in preparation for the 209/10 budget. This resolution wasmade against a background of regular appeals against decisions toincrease fees in order to achieve a coast neutral service in linewith the current policy for the taxi licensing service.
The Commercial Services Finance Manager reported that in orderto plan the review of the fees and charges it was suggested thatthe way forward was a joint meeting to enable the opportunity forissues to be raised and actions to form the basis of a review ofthe taxi licensing service which could be brought back to thisCommittee for decision.
Members were in agreement that the way forward would be toform a Taxi Licensing Task Group and the Chairman welcomed theappointment of three Members from the Committee to attend to formthe group. Members agreed that the most appropriate date to holdthe meeting was Wednesday 20 August 2008 at 10.30am.
Resolved
(a) That the Committee approve theestablishment of a Member Task Group with terms of reference beingto make recommendations to the Community Services & LicensingCommittee regarding:
- Taxi licensing policy; and
- Taxi licensing fees and charges
(b) The three Members appointed to theTask Group be as follows:
- Councillor Mrs Cowling (As Chairman ofthe Community Services & Licensing Committee)
- Councillor Hope
- Councillor Jackson
(c) That the meeting of the Taxi LicensingTask Group be held on Wednesday 20 August 2008 at 10.30am.
(d) That a joint meeting of the Task Groupwith the Taxi Working Group during August to allow recommendationsto be made to this Committee in September prior to the 2009/10budget setting process be approved.
136. Taxi Licensing – Amendment to Driver LicensingPolicy
The Community Services Finance Manager submitted a report(previously circulated) which sought Members' approval of arevision to the current driver licensing policy, which covereddrivers who did not reside within 5 miles of Ryedale’sboundary.
The current taxi licensing policy required all new applicants,for all types of driver licences, to live within 5 miles of theCouncil’s boundary and work within the district.
A situation had arisen when one of the licensed hackneycarriage drivers had moved outside of the boundary due to familycommitments however, he was still employed by a Norton basedcompany. The law required drivers to operate in the area covered bythe licensing authority yet there were no legal reasons forlicensed drivers to live in the area. It was considered reasonableto retain the 5 mile restriction for new drivers for administrativeand enforcement control purposes between different licensingauthorities.
The Community Services Finance Manager reported that in orderto apply a fair but yet managed approach to the licensingprocedures, it was considered appropriate to adopt the recommendedrevised policy.
Resolved
That the updated Taxi Licensing Policycovering driver licenses be approved to include:
“Where there are exceptional circumstancesi.e. family commitments, and at officers' discretion, upon receiptof appropriate supporting evidence, existing licenses will behonoured for drivers who are already licensed to work in thedistrict but reside outside of the 5 mile boundary”.
137. Community Services & Licensing PerformanceReport Quarter 1 June 2008
The Performance Manager submitted a report (previouslycirculated) which detailed the Community Services & LicensingCommittee’s performance for the 1st Quarter of 2008/9 municipalyear.
The report detailed the following themes of the CommunityServices & Licensing Committee:
- Diverse and Vibrant Communities
- Environment
- High Quality, Accessible Services
- Housing and Employment
- Safe and Inclusive
Resolved
That the report be noted.
138. Overview of the Council's Environmental Policies,Strategies and Activities
The Environmental Health Manager submitted a report(previously circulated) the purpose of which was to provide Memberswith a broad overview of environmental policies, procedures,strategies and activities within the Council’s currentoperations.
The Council had a long history of introducing environmentalpolicies and actions. While some had been supervised by nationalpolicies, a significant number were still relevant, and action todeliver environmental improvements were to some extent embeddedwithin a number of service units.
The report outlined in detail the following areas:
- A summary of policies, plans and activities
- Policies and plans
- Ryedale District Council EnvironmentalCharter
- Nottingham Declaration on ClimateChange
- Climate Change Action Plan
- Biodiversity Action Plan
- Genetic Modification
- Procurement policy – Sustainableprocurement
- Environmental activity within service units
- Housing services
- Cultural services delivery
- Heritage management
- Waste collection and wastestrategy
- Property services
- Local development framework
- Tree protection
- Environmental Forum
- Corporate objectives and CommunityPlan
The Environmental Health Manager reported that the Councilcurrently had a wide range of policies in place as a sound basisfor action, and currently achieved many environmental improvementsand benefits alongside successful service delivery.
Councillor Bailey referred to Appendix B of the report(Ryedale District Council’s Environmental Policy (Proposed Draft2008)) and suggested that it would be beneficial for this Councilto interact with other authorities in the area ie. The NationalPark Authority, to ensure that all areas of the policy werecontributing to maintaining, or enhancing a sustainable and healthyenvironment.
The Chairman requested that the relevant officers liaise withthe National Park Authority.
The Environmental Health Manager had submitted, for Membersinformation prior to the meeting, a copy of the Environmental ForumMinutes for its meeting held on 8 July 2008.
Resolved
(a) That Members support the suggestedamendments to the Council’s environmental policy.
(b) That the Committee receives regularupdates on progress with environmental policies, strategies andactivities.
139. Markets - Round Table Discussion
The Forward Planning and Economic Development Managersubmitted, for information, the notes from a Five Town Council’smeeting held on 7 July 2008.
Members were in agreement with the continuation andstrengthening of the markets in Ryedale, which gave confidence tothe towns and provided a sense of community. Members also agreedthat there should be intervention and active efforts by Members andOfficers to improve them, including better publicity/marketing e.g.information to promote the markets on the Council website,stressing the benefits of locally sourced food and reducing thefuel costs of shoppers, and to encourage new traders.
Members were of the opinion that there should be furtherinvestigation from elsewhere in order to learn good practice andconsidering the location of the markets to allow expansions toenhance overall vitality in each of the towns. The CorporateDirector reported that improvement to the appearance of the marketswould require investment and assured Members that a full report,with a number of options, would be brought back to this Committeefor Members to consider.
NB. Councillor Hope declared a personal interest in this item,as an owner of a stall on the Farmers Market.
*This Appendix is unavailable electronically. If yourequire a hard copy, please contact the Members Services Sectionvia
email or telephone01653 600666 extension 343.