Decisions

Purpose of Report: Prior to the ending of the current bus shelter advertising contract with JC Decaux, the council conducted an independent market appraisal to understand the value of place based advertising across the city.

This provided several additional opportunities the council will explore at a later date.
In the meantime, the market appraisal provided sufficient information for the council to negotiate a new 15-year contract with JC Decaux, providing and maintaining bus shelters with either no advertising, paper adverts or digital adverts, and digital information panels, subject to the necessary planning consents.

In tandem, The council’s Public Health team have been working on a number of policies which promote a health food environment in York; this is in line with the city’s ‘Healthy Lives, Healthy Weight Policy’, and the ‘Local Government Declaration on Health Weight’ which the council signed in 2019.

In addition a strong body of research evidence suggests that tackling the advertising and marketing environment is a valid and necessary policy to support a healthy weight in our population. One of the areas which the council is able to directly influence is the types of adverts that are shared on council land. This has informed a refresh of the council’s advertising policy that forms part of the JC Decaux contract.

The Executive are invited to:

i.                 Note the independent market appraisal and the potential revenue opportunities from place-based advertising;

ii.                Approve the direct award of a new 15-year (plus a possible 1-year extension) bus shelter advertising and digital information board concession contract to JC Decaux and delegate authority to negotiate and conclude the new concession contract (and the provisions of any subsequent modifications and/or extensions thereto) to the Director Public Health in consultation with the Head of Procurement and the Director of Governance;

iii.              Approve the council’s advertising policy embedded into the bus shelter and digital information board contract.

Resolved:

                      i.         Noted the independent market appraisal and the potential revenue opportunities from place-based advertising:

Reason:     Understanding the potential value of advertising opportunities across the council’s estate and assets to realise maximum revenues, recognising that by doing so there will be a necessary change from analogue to digital advertising, to keep up with market demand and recognise increased revenue opportunities.

                     ii.         Approved the direct award of a new 15-year (plus a possible 1-year extension) bus shelter advertising and digital free standing unit concession contract to JC Decaux and delegate authority to negotiate and conclude the new concession contract (and the provisions of any subsequent modifications and/or extensions thereto) to the Director of Governance in consultation with the Head of Procurement and the Director of Public Health:

Reason:     The bus shelter and digital information board contract expired on 31 December 2023 and is now on a 12-month extension as per the current contract mechanism. By approving the new contract, the council will more quickly benefit from the increased revenue with the supplier being able to more quickly digitise subject to planning approvals.

75% of Out Of Home advertising revenue comes from Digital and as such Paper advertising alone is no longer sustainable for the future operational running of a Bus Shelter and Free- Standing Unit contract.

If direct award is not support, the Council would need to run a new tender awarded prior to 1 January 2025.

                    iii.        Pursuant to Rule 26.1 of the Council’s Contract Procedure Rules (“CPRs”), the Executive approved a waiver of Rules 11.4 and 11.7 of the Council’s CPRs in relation to the direct award of the new concession contract to JC Decaux UK.

Reason:     Most of the bus shelters in York are currently the property of JCDecaux, who both purchase, install and maintain them. The risks of not continuing the concession contract are set out in the report and can be summarised as, all current bus shelters would be dismantled by JCDecaux in January 2025 with new ones needed to be sourced, installed and maintained introducing a substantial additional cost to the Council in both capacity and, potentially capital expenditure and ongoing operational expenditure if a new supplier is not found through a competitive tender.

                   iv.        Approved the council’s advertising policy which will be embedded into the bus shelter, and all place-based advertising contracts with adverts displayed on council owned or operated land:

Reason:     The new advertising contract allows greater controls over the types of advertising that is displayed. The council’s advertising policy is designed to restrict high fat, salt and sugar products being displayed to residents to help promote better health and wellbeing.

Purpose of Report: Local authorities have a statutory duty to prevent, reduce or delay needs for care and support (Care Act 2014 section 2) for all adults including carers; this means early intervention to prevent deterioration and reduce dependency on support from others including those with sensory impairments. The current Sensory Support service contract is coming to an end this year, the commissioning team are in the process of recommissioning the service. The purpose of the report is for Executive Meeting to review the report and recommendations to come to a decision on the best option to go forward.

The Executive will be asked: To recommend the best option to recommission York Sensory Support Services.

Resolved:

                      i.         Approved the procurement of a new contract for the Sensory Support Service for an initial term of 3-years, with an option to extend for up to a further 2-years;

                     ii.         Delegated authority to the Corporate Director of Adult Services and Integration (and their delegated officers) in consultation with Chief Finance Officer (and their delegated officers in Commercial Procurement) to commence procurement from the market for a new contract for the Sensory Support Service for an initial term of 3-years, with an option to extend for up to a further 2-years via an open, fair and transparent competitive process and evaluation criteria in compliance with the Council’s Contract Procedure Rules under Appendix 11 of the Council’s Constitution (the “CYC’s CPRs”) and (where applicable) under the Light Touch Regime under Regulations 74 to 76 and Schedule 3 of Public Contract Regulations 2015 (the “Procurement Regs”);

                    iii.        Delegated authority to the Corporate Director of Adult

Services and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers in Legal Services), to determine the provisions of the new contract for the Sensory Support Service, and the provisions of any subsequent modifications and/or extensions thereto;

                   iv.        Delegated authority to the Corporate Director of Adult

Services and Integration (and their delegated officers), in consultation with the Chief Finance Officer (and their delegated officers in Commercial Procurement) and the Director of Governance (and their delegated officers in Legal Services), to award and conclude the new contract for the Sensory Support Service following an open, fair, and transparent competitive process and evaluation criteria in compliance with the Council’s CPRs and (where applicable) the Procurement Regs.

Reason:     The option proposed will comply with CYC’s CPRs

and the Procurement Regs in terms of completing an open, fair, and transparent process as the market has not been approached since 2017.

Further, the provision of the Sensory Support Service ensures the Council meets the statutory duty under the Care Act 2014 through prevention and delay, and the ability to plan anticipated needs (rehabilitation), assessment and eligibility, information and advice and registration data (Certificate of Vision impairment).

Purpose of Report: The 2024/25 ward budget allocation is comprised of £250,000 to be allocated across the city, and the report will outline potential models to inform making the split to wards.

The Executive will be asked: To approve recommendations on the allocation of ward funding, taking into account any feedback from Corporate Services, Climate Change and Scrutiny Management Committee.

Resolved:

                      i.         Approved maintaining the use of Model A, subject to funding, to allocate Ward Funding for the next three financial years and reflect the Council Plan 2023-2027.

Reason:     To ensure that ward allocations meet Council Plan

priorities and methodologies around allocations are transparent to residents and stakeholders.

Resolved:

                   i.        Noted the progress achieved so far in the completion of energy efficiency and retrofit projects under the following grant funded programmes, Home Upgrade Grant Phase 1 (HUG1), Local Authority Delivery Phase 3 (LAD3), and the Social Housing Decarbonisation Fund Wave 1 (SHDF1);

                  ii.        Noted the commencement of new energy efficiency and retrofit projects, including the Local Energy Advice Demonstrator (LEAD) project, Retrofit One Stop York (ROSSY) project, and the Social Housing Decarbonisation Fund Wave 2 (SHDF2).

HUG2

                 iii.        Approved the Council entering into the Home Upgrade Grant Phase 2 delivery contract with Clear Climate, as the winning bidder of the recent procurement exercise;

                iv.        Delegated authority to the Director of Housing, Economy and Regeneration in consultation with the Head of Procurement and the Director of Governance (or their delegated officers), to conclude the terms of the HUG2 contract with Clear Climate.

LEAD

                  v.        Noted the signing of a grant funding agreements, as part of the Local Energy Advice Demonstrator (LEAD), with Joseph Rowntree Housing Trust. Note the intention to enter further grant funding agreements with York Conservation Trust, York Travellers Trust, and Leeds Beckett University, to enable the delivery of high-quality retrofit surveys and advice which target properties which are ‘hard to treat’ and residents who are often missed or not engaged with. Such agreements, and the associated transfer of grant funds, will enable a significant number of retrofit surveys and thereby support effective planning for future retrofit delivery works.

Net Zero Fund

                vi.        Approved the Council entering into the Grant Funding Agreement with York and North Yorkshire Combined Authority for the Net Zero Fund allocation for Alex Lyon House and Honeysuckle House, totalling £1,895k and delegate to the Director of Housing, Economy and Regeneration, in consultation with the Head of Procurement and Director of Governance (or their delegated officers), authority to conclude terms of the grant funding agreement;

               vii.        Delegated authority to the Director of Housing, Economy and Regeneration, in consultation with the Head of Procurement and the Director of Governance (or their delegated officers), to carry out procurement processes in compliance with the Council’s Contract Procedure Rules and the Public Contract Regulations 2015 to seek suppliers for the delivery of the Net Zero Fund projects at Alex Lyon House and Honeysuckle House, and to subsequently enter into contracts covering design, consultancy services and construction works.

Reason:     To deliver the council’s ambitions for minimising the

energy bills of those residents facing financial challenges, supporting health and wellbeing, building the local green economy, and retrofit supply chains, and reducing carbon emissions in the city and to ensure the provisions of the Subsidy Control Act 2022 are complied with.

Purpose of Report: To present the results of the assessment against the Equalities Framework for Local Government. To present a draft Equity, Diversity and Inclusion Strategy 2024-27 strategy in response. To present a recommendation to consult on the draft strategy to inform the final proposal and a detailed action plan.

The Executive will be asked: To approve the recommendation to consult on the draft Equity, Diversity and Inclusion Strategy 2024-27, and a draft action plan to present back to Executive for approval.

Resolved:

                         i.         Noted the results of the externally produced assessment against the requirements of the Equalities Framework for Local Government (EFLG) and areas of achievement and development which will feed into the action plan at Resolved iii), below;

                        ii.         Endorsed the draft Equity, Diversity and Inclusion Strategy 2024-27 at Annex B which will be used as an interim strategy pending the outcome of consultation, as the equality objectives are required as part of meeting the council’s Public Sector Equality Duty;

                      iii.         Approved officers to carry out a public consultation on the draft strategy to inform the final three year strategy and action plan for approval in autumn 2024, noting this will not hold up of delivery of critical core actions needed to start the work of improvement as identified. A further report will be brought to Executive with the results of this consultation.

Reason:     To demonstrate the City of York Council’s core

commitment to becoming a more equal, diverse and inclusive council.

Resolved:  That the press and public be excluded from the meeting during consideration of the private reports at Agenda Item 4 (Code of Conduct Complaints received in respect of a Parish Councillor), on the grounds that they contain information relating to individuals and information likely to reveal the identity of individuals, which is classed as exempt under paragraphs 1 and 2 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006.

[Note: following the above resolution, the Deputy Monitoring Officer confirmed that she had nothing further to add in respect of the public reports in the agenda papers, and the remainder of the meeting took place in private session.]

Hearing reconvened in private session at 11:05 hours on 15 April 2024.

PRESENT: Councillors Melly (Chair), Hook and Wells

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

·          The conditions numbered 1 to 7 (inclusive) agreed between the Applicant and North Yorkshire Police set out in Annex 3 of the agenda shall be added to the licence as modified as follows:

                          i.       Condition 1 shall be modified to read:

“The premises licence holder will only permit 1 four-day event per calendar year which will be a beer/cider festival”.

                        ii.       Condition 5 shall be modified to read: 

“The only acceptable proof of age identification shall be a current passport, photo card driving licence, Military ID card or identification carrying the PASS logo (until other effective identification technology, e.g., thumb print or pupil recognition, is adopted by the premises licence holder as first approved in writing by the Licensing Authority)”.

The conditions contained in the Operating Schedule shall be added to the licence unless contradictory to the above conditions.

The licence is also subject to the mandatory conditions applicable to licensed premises.

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

Resolved:  To approve the advertisement and progression of an ETRO for the introduction of the proposed Blue Badge/Loading bays at

                                         i.    Blake Street and Lendal, which will be accessible for Blue Badge holders during and outside the footstreet hours (between 10.30am and 6am the next day, with loading between 6am and 10.30am), and

                                        ii.    Davygate outside of footstreet hours (between 5pm and 6am the next day, with loading between 6am and 10.30am).

Reason: This will allow for the experimental introduction of the bays and allow for ongoing review of the use to provide a clear picture of the impact of the proposal, whilst still allowing for some amendments if required during the experimental period.  This option will allow for a quicker installation of the bays to trail the change, following requests for more accessible parking options in the pedestrian area.