Decisions

Resolved:

                      i.         Noted the contents of the report (and approve the submission of the Annual Status Report to DEFRA), including the generally improving trend in air pollution in recent years and progress made with delivery of measures in CYC’s Air Quality Action Plan.

Reason:    To ensure that the Executive is aware of current air quality position in the city including continued exceedances of objectives in some areas and progress made with air quality improvement measures.

Purpose of Report: As a provider of adult education in receipt of grant funding of over £1m we must write and publish an accountability statement to form part 2 of our funding agreement with the Skills Funding Agency. We have also been advised that to meet financial procedure rules we must also document approval to receive the recurring grant funding that will make up part 1 of the documentation. The statement is a mandatory part of the legislation linked to our current funding arrangements but must make clear reference to a document, written by West and North Yorkshire Chamber of commerce called the Learning Skills Improvement Plan (LSIP) and the key priorities of the council. This document is this year’s version of a document approved for 2023-24 and our response is largely based upon the strategy for adult learning and skills engagement that we consulted on in July 2022 and just defines targets based on the LSIP and national skills requirements.

Members will be asked: To approve the agreement to form part 2 of our annual funding contract with the Skills Funding Agency.

Resolved:

                      i.         Approved the Accountability Statement at the Annex to this report ahead of publication at the end of June 2024.

Reason:     For the service to receive funding to deliver against this

statement we must gain agreement on contents. This agreement provides a framework for accountability whilst enabling us to receive the necessary funds to deliver the service. The document will also serve as the basis for wider internal conversations that will maximise the potential of learning for our residents.

Purpose of Report: On 16 March 2023 Executive approved the negotiation, development and entering into of a Section 75 partnership agreement with York and Scarborough Hospitals NHS Trust (the “Trust”) from 1 July 2024 for the provision of Specialist Sexual Health Services (“SSHS”) across the city. Executive also granted related approvals regarding a SSHS Section 75 agreement.
Since then, however, the complexity of the negotiations for this Section 75 arrangement, together with the challenging financial envelope available for the service, has led to delays in the process which means that the deadline of completion by 1 July 2024 is now considered highly unlikely.

Resolved:

                      i.         Approved a 6 month + 6-month variation and extension to the existing Integrated Sexual Health Services contract with York and Scarborough NHS Hospitals Trust from 1st July 2024 and 1^st January 2025 and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to agree, award and enter the resulting variation and extension agreement;

                    ii.         Approved the proposed staged approach in relation to service changes to the Integrated Sexual Health Services contract as set out in this report at paragraph 5 and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to conduct review, consultation and negotiations and subsequent authority to agree and entre into any resulting variation agreement(s) agreed;

                   iii.         Approved the award (subject to the satisfactory conclusion of any related procurement processes) of a 6 month + 6 month contract from 1st July 2024 and 1st January 2025 for a LARC Service contract to Nimbuscare Limited and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to agree, award and enter any resulting agreement;

                  iv.         Approved the continuation of negotiations and (in the event of successful negotiations and review) the entry into a Section 75 Partnership Agreement with York and Scarborough Hospital NHS Trust under Section 75 of the National Health Services Act 2006 and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to agree, award and enter the resulting agreement to commence on or before 1st July 2025;

                    v.         That in the event that the Section 75 arrangements at (d) cannot be agreed or are not viable, to delegate authority to the Director of Public Health in consultation with the Executive Member for Adult Social Care and Public Health, to approve the carrying out of an appropriate procurement process and to delegate to the Director of Public Health (in consultation with the Head of Procurement and the Director of Governance or their delegated officers) the authority to take such steps as are necessary to procure, award and enter into the resulting contract.

Reason:     The above will secure the sexual health service and

LARC provision in the short term whilst negotiations continue to potentially enable a Section 75 partnership agreement to be agreed and put in place. The Section 75 agreement is proposed to last for up to 10 years, the requirement to ensure that this is completed in the most robust way is essential as over the lifetime

of the Section 75 agreement the budget allocation will be more than £18 million. In the event of Executive approving the above recommendations officers will conduct all necessary review and procedure in accordance with the Contact Procedure Rules ("CPRs”). This will include the undertaking of a CPR 26 waiver process internally (in accordance with CPR 26.2).

Hearing reconvened in private session at 11:50am.

PRESENT: Councillors Hook (Chair), Knight, and Nicholls.

The Sub-Committee resolved to grant the licence for the following activities and timings as applied for together with modified/additional conditions imposed by the Sub-Committee (Option 2) as set out below:

·       The Plans attached to the Premises Licence be amended as requested in the application.

·       Provision for the staging of up to 4 indoor boxing/wrestling events between 10:00 and 00:00 be held per calendar year.

·       Provision of late night refreshment outdoors between 23:00 and 00:00 up to 12 days per calendar year.

·       The additional conditions agreed with North Yorkshire Police as set out in Annex 4 of the agenda.

·       The additional condition agreed with Environmental Health and set out in the updated Annex 5 of the agenda, in the agenda supplement.

Save as varied above, the existing conditions on the licence shall apply in all respects.

The varied licence is subject to any relevant mandatory conditions.

Full reasons for the Sub-Committee’s decision will be included in the detailed Decision Letter which will be provided to the Applicant and the Representors in due course.

There is a right of appeal for the Applicant and the Representor to the Magistrates’ Court against this decision. Any appeal to the Magistrates Court must be made within 21 days of receipt of the Decision Letter and sent to the following address:

Chief Executive

York and Selby Magistrates Court

The Law Courts

Clifford Street

York

YO1 9RE