Agenda item

(In accordance with Paragraph 15.1 of Appendix 7 to the Constitution, this item is being considered under urgent items.)

To consider a report from the Director of City Development which seeks approval to proceed with all necessary legal and operational steps to implement the temporary Anti-Terrorism Traffic Regulation Order (ATTRO), informed by consideration of alternative approaches, and legal review of the ability and risk of pursuing any alternative approach.

Resolved (unanimously):

That Executive

i)              Agrees to make the Anti-Terrorism Traffic Regulation

Order (ATTRO) on the recommendation of the Chief Constable of North Yorkshire Police, as advised by the National Vehicle Threat Mitigation Unit, Counter Terrorism Security Advisors and National Protective Security Authority (noting that refusal to implement an ATTRO after receipt of a compliant recommendation from a Chief Constable would be an unprecedented event nationally).

ii)             Considers a full assessment, including need, risk and risk

mitigation assessment, of the various forms of vehicular access historically permitted to the footstreets area during the Christmas Markets, to be presented to Executive at the earliest opportunity, so arrangements are in place for the opening of York’s Christmas Market 2025.

Reason: Executive must reach a decision which is reasonable and

proportionate having fully considered all relevant matters. Executive must have strong defensible legal grounds for refusing to make an ATTRO requested by the Chief Constable, and on legal and wider officer review of the specific circumstances, no such grounds are apparent. Refusal to implement an ATTRO after receipt of a compliant recommendation from a Chief Constable would be an unprecedented event nationally.

(This item was dealt with in accordance with Paragraph 15.1 of Appendix 7 to the Constitution under urgent business.)

The Director of City Development submitted a report which sought approval to proceed with all necessary legal and operational steps to implement the temporary Anti-Terrorism Traffic Regulation Order (ATTRO), informed by consideration of alternative approaches, and legal review of the ability and risk of pursuing any alternative approach.

The following information was appended to the report:

-       Submission by Tim Forber, Chief Constable at North Yorkshire Police

-       Equalities Impact Assessment

-       Details of previous consultation analysis.

Garry Taylor, Director of City Development presented the report and responded to members’ questions and comments.

The key areas of discussion were:

·      Confirmation from the Director of City Development that the ATTRO letter was received from the Chief Constable on 26 September 2025 and subsequently there was a need to consider implications arising from the recommendation, particularly any legal requirements. The Council also had wider duties to balance in terms of accessibility.

·      The Director of City Development advised that a thorough search had been undertaken and there was no record of an ATTRO recommendation that had not been complied with.

·      It was advised that legal implications of not complying with the ATTRO recommendation could include a judicial review of the Council’s decision. The Home Secretary also retained the right to direct the Council to implement the ATTRO. In addition, there was a need to consider the potential for corporate manslaughter charges brought by the Crown Prosecution Service (CPS) if a serious incident occurred.

·      Clarification was sought about details of the meeting that took place on 10 September 2025 that had been referred to. It was advised that this was an Advisory Group meeting and there had been no formal recommendation from the Chief Constable at that point.

·      The importance of receiving a report back to Executive detailing potential mitigations that could be put in place to reduce the number of people excluded from the city centre balanced against identified risks.

·      Consideration that if events could not be made fully accessible for residents, then there was a need to review whether it was appropriate for these types of events to continue in the city centre.

·      Clarification sought about consideration of the item as an urgent item of business. The Director of Governance and Monitoring Officer advised that consideration of the item complied with access to information regulations since it was not a key decision as referenced in both the forward plan and the report. It was acknowledged that late publication of the report was not desirable, but it was lawful. The item had been added to the agenda as an urgent item of business and the report had been published on the council’s website as soon as it had been made available.

·      The Leader of the Council reported that there had been insufficient time between receipt of the letter from the Chief Constable and the Executive meeting to work through the various options, particularly in terms of potential mitigations to reduce the number of people excluded from the city centre whilst ensuring safe access for all.

Resolved (unanimously):

That Executive

i)              Agrees to make the Anti-Terrorism Traffic Regulation

Order (ATTRO) on the recommendation of the Chief Constable of North Yorkshire Police, as advised by the National Vehicle Threat Mitigation Unit, Counter Terrorism Security Advisors and National Protective Security Authority (noting that refusal to implement an ATTRO after receipt of a compliant recommendation from a Chief Constable would be an unprecedented event nationally).

ii)             Considers a full assessment, including need, risk and risk

mitigation assessment, of the various forms of vehicular access historically permitted to the footstreets area during the Christmas Markets, to be presented to Executive at the earliest opportunity, so arrangements are in place for the opening of York’s Christmas Market 2025.

Reason: Executive must reach a decision which is reasonable and

proportionate having fully considered all relevant matters. Executive must have strong defensible legal grounds for refusing to make an ATTRO requested by the Chief Constable, and on legal and wider officer review of the specific circumstances, no such grounds are apparent. Refusal to implement an ATTRO after receipt of a compliant recommendation from a Chief Constable would be an unprecedented event nationally.