Council – 21 November 2024
Motions, Amendments and Recommendations
Agenda Item 7 - Report of the Executive Leader, Questions and Executive Recommendations
Executive - 10 October 2024
Minute 46: York Youth Justice Service Plan
Recommended:
i. To Full Council the York Youth Justice plan for approval.
Reason: To ensure the Council fulfils its statutory duty to submit an annual Youth Justice Plan.
Additional recommendation arising from the Executive meeting on 14 November 2024
Minute 58: Capital Programme Update Monitor 2
Recommended:
i. To Full Council the adjustments resulting in a decrease in the 2024/25 budget of £10.384m as detailed in the report.
Reason: To enable the effective management and monitoring of the Council’s capital programme.
Agenda Item 8 – Motions on Notice
Motions on Notice submitted under Council Procedure Rule B13.
i) From Cllr Baxter
Protecting more of York’s Community Assets
“Council notes the important role local assets play in supporting York’s communities to thrive. It further notes the broad range of valued local facilities and venues from community centres to pubs, from cinemas to music venues to green spaces and much more.
Council believes that the shift in shopping habits away from the high street, often leaving long-term empty retail units, poses questions for communities and their representatives around broadening the definition of what makes a community asset and how to ensure productive use of local buildings.
Further, council notes the Government’s plans, to start in 2026, to reduce business rates for high street retail, hospitality and leisure businesses, with the aim of creating a more level playing field with online retailers and reducing the number of high street business closures.
Council welcomes:
· the Government’s plans to introduce a Community Right to Buy and commitment to strengthen the powers available to communities, including a first refusal on a wider range of Assets of Community Value (ACVs), and doubling the time period for communities to raise finance to buy ACVs from six months to twelve.
· the role that local people, community groups and other organisations have played in saving and breathing new life into once forgotten or at-risk venues through ACV nominations like New Earswick and District Indoor Bowling Club, Holgate Community Garden and Strensall Library, which should be celebrated.
Council resolves:
· to support individuals and community groups interested in protecting or acquiring an asset by sharing information with them on local and national funders. This includes making links with and working with organisations such as Plunkett UK, Music Venue Trust and Power to Change;
· to commit to supporting further work to ensure processes for protecting and acquiring community assets are as accessible as possible;
· to request its scrutiny function considers how best the council can:
1. Promote adding to the local register of Assets of Community Value;
2. Make it easier for residents and community groups to nominate an ACV;
3. Celebrate the success stories of ACVs in our community to encourage new nominations;
4. Prepare for law changes on the Community Right to Buy in securing a wider range of ACVs.”
ii) From Cllr Mason
Protecting York’s Primary and Social Care providers
“Council notes
- The 1.2% increase in Employers National Insurance, the decrease in the threshold to start paying Employers National Insurance from £9,100 to £5,000 and the increase in the allowance to £10,500.
- That these changes will not apply to the public sector, with public bodies being reimbursed for the additional Tax.
- The Liberal Democrat leader, Ed Davey MP, calling on the government to exclude social care providers from the increase in National Insurance.
- The Labour Council’s recent decision to cut £450,000 worth of contracts with organisations that provide early intervention and prevention social care services in York.
- The good work that charitable and private providers of hospice care, social care and primary care services play in fulfilling York residents’ needs.
Council believes
- That the Labour Government’s proposed increase in National Insurance on charitable and private providers will put further pressure on GP and dental practices, hospices and community pharmacies in York, which could impact on the availability of timely care for patients.
- That over the last nine years there has been a deterioration in access to Dental and GP appointments in York, the loss of a number of pharmacies around the city and an increasing need for social care services.
- That private and charitable providers help to alleviate pressure on NHS bodies such as secondary care providers.
- That the Labour Council was wrong to cut £110,000 more than had been budgeted from the contracts with organisations that provide early intervention and prevention social care services in York.
- That the Labour Council could have saved Age UK Day Clubs under their own budget proposals but chose to cut them anyway
- That the loss of Age UK Day Clubs is being compounded by the tax increase they, and other charitable organisations, will face when Employer National Insurance contributions increase.
- That the National Insurance increases should not fall on private social care providers, health charities or primary care providers including GPs, Dental practices, hospices and pharmacies.
Council resolves
- To ask the Group Leaders to write to the Chancellor of the Exchequer to request that private and charitable social care providers, hospices and primary care providers including GPs, Dental practices and pharmacies are excluded from her increase to Employers National Insurance contributions.”
Amendment from Cllr Ben Burton
“Under Council notes:
In the first bullet point:
- After ‘increase in the’ insert ‘threshold before businesses start paying NI, through NI Employment’
In the fourth bullet point:
- delete ‘cut £450,000 worth of contracts with organisations that provide early intervention and prevention social care services in York.’ and insert ‘approve savings of £339k to Adult Social Care (ASC) community contracts, to help address an inherited £40m budget deficit and deliver a balanced 2024-25 council budget, thereby focusing limited resources on maintaining non-discretionary ASC services.’
Under Council believes:
In the first bullet point:
- delete ‘will’ insert ‘may’
- delete ‘which could’ and after ‘patients’ insert ‘will need to be monitored.’
In the second bullet point:
- delete ‘nine’ insert ‘fourteen’
- before ‘Dental’ insert ‘NHS’
Delete the fourth, fifth and sixth bullet points.
In the now fourth bullet point:
- after ‘that’ insert ‘the impact of’
- after ‘increases’ delete ‘should not fall’
- after ‘pharmacies’ insert ‘and the services they provide to the public, should be taken into account before implementation of the Chancellor’s NI increase in April 2025.’
Under Council resolves:
In the first bullet point:
- delete ‘private and’
- after ‘pharmacies are’ insert ‘carefully considered for exclusion’
- delete ‘excluded’”
For information, the effect of the amendment on the above motion, with changes highlighted in bold:
Protecting York’s Primary and Social Care providers
“Council notes
- The 1.2% increase in Employers National Insurance, the decrease in the threshold to start paying Employers National Insurance from £9,100 to £5,000 and the increase in the threshold before businesses start paying NI, through NI Employment Allowance, to £10,500.
- That these changes will not apply to the public sector, with public bodies being reimbursed for the additional Tax.
- The Liberal Democrat leader, Ed Davey MP, calling on the government to exclude social care providers from the increase in National Insurance.
- The Labour Council’s recent decision to approve savings of £339k to Adult Social Care (ASC) community contracts, to help address an inherited £40m budget deficit and deliver a balanced 2024-25 council budget, thereby focusing limited resources on maintaining non-discretionary ASC services.
- The good work that charitable and private providers of hospice care, social care and primary care services play in fulfilling York residents’ needs.
Council believes
- That the Labour Government’s proposed increase in National Insurance on charitable and private providers may put further pressure on GP and dental practices, hospices and community pharmacies in York, and impact on the availability of timely care for patients will need to be monitored.
- That over the last fourteen years there has been a deterioration in access to NHS Dental and GP appointments in York, the loss of a number of pharmacies around the city and an increasing need for social care services.
- That private and charitable providers help to alleviate pressure on NHS bodies such as secondary care providers.
- That the impact of National Insurance increases on private social care providers, health charities or primary care providers including GPs, Dental practices, hospices and pharmacies and the services they provide to the public, should be taken into account before implementation of the Chancellor’s NI increase in April 2025.
Council resolves
- To ask the Group Leaders to write to the Chancellor of the Exchequer to request that charitable social care providers, hospices and primary care providers including GPs, Dental practices and pharmacies are carefully considered for exclusion from her increase to Employers National Insurance contributions.”
iii) From Cllr Steward
Agricultural Property Relief
“Council notes the government’s budget’s proposed Agricultural Property Relief change from 100% to 50% beyond the first £1 million of assets and that this is in direct contradiction to assurances made by Prime Minister Keir Starmer and Secretary of State for Environment Food and Rural Affairs Steve Reed.
Council believes the change fundamentally misunderstands the reasons APR was introduced, why it has remained so long, its importance to UK farming and that a change would have a devastating effect including:
1. An adverse impact on nearly 250 family farms in York.
2. A need for farms to find simply non existent funds to pay IHT, resulting in forced asset sales and the likely less suitable but more profitable land use.
3. A rise in costs on farmers already hard hit by factors including Defra cuts, supplier and energy price inflation and more regulation.
4. Tax receipts will be much smaller than believed and the real winners will be big business, financial organisations and especially the overseas wealthy who will be able to buy UK farmland without being subject to the same taxes.
5. The inevitable breaking up of farms which have been in families for generations and reduction in food security.
Council agrees with the significant and wide ranging opposition to the change across all political sides and notably from crucial bodies including the National Farmers Union, Country Land and Business Association and resolves to:
1. Acknowledge rural hardship remains a largely unrecognised issue which includes many reliant on farming and that having an asset worth a lot on paper often does not translate into high income. To specifically ensure council owned, funded or influenced welfare bodies are reaching out to all of York including often harder to reach rural areas.
2. Write to York’s two MPs stressing the importance of farming for York and urging them to oppose the change.
3. Have a report prepared for the Executive Leader to discover how better the council can work with York’s farms and farm workers and support their work.”
iv) From Cllr Clarke
Renewing York’s commitment to Fairtrade
“Council notes:
- 2024 marks York celebrating its 20th anniversary of becoming a Fairtrade City;
- York Fair Trade Forum organised events throughout the year to mark York’s 20th anniversary and status as a Fairtrade City;
- York Central’s MP, Rachael Maskell, has tabled an Early Day Motion (EDM 509) congratulating York on this milestone and further congratulates York Fair Trade Forum for its work in promoting fairtrade in York and beyond.
Council believes:
· Fairtrade plays a vital role in ensuring farmers and workers across the world are treated justly with better terms, including fair pay, so they can develop strong, sustainable businesses, helping to reduce global inequalities;
· Fair prices provide an immediate lifeline for farmers and workers struggling with low incomes and disadvantaged by global trade;
· Trade can be made fairer and more sustainable by farming co-operatives, businesses and governments – including local government – working together, supporting and promoting Fairtrade;
· York’s commitment to maintain its status as a Fairtrade City raises awareness and signals the role York can play in promoting fairtrade beyond its boundaries;
· York Fair Trade Forum and the Fairtrade Foundation should be supported in their promotion and advocacy work.
Council resolves:
· To renew its commitment to Fairtrade and to York’s status as a Fairtrade City, continuing to raise awareness and supporting actions that make global trade fairer;
· To continue to appoint a named councillor to York Fair Trade Forum, to provide a strong link with the council and to support its work;
· To work with York Fair Trade Forum to ensure York continues to meet and exceed the requirements necessary to maintain its status as a Fairtrade City;
· To consider offering Fairtrade goods wherever possible and available, for example in any catering and in-house café provision;
· To ensure Fairtrade remains a feature following the current update of the council’s Social Value Strategy, so it is considered through its procurement processes, and those of its suppliers, where applicable;
· To promote Fairtrade issues and practices among local businesses, commercial and other organisations;
· To share best practice about Fairtrade and sustainable development with other public bodies, stakeholders and partners;
· To request the Executive Leader writes to the Secretary of State for Business and Trade to request their support for the Fairtrade Foundation’s ‘three asks’of the new Government:
1. Develop trade policy that works for people and planet. Policies that must improve resilience for the smallholder farmers and workers producing food overseas, and support innovative business approaches to enhance environmental and social sustainability;
2. Legislate to ensure responsible business. The legislation must ensure that businesses address human rights and environmental violations in supply chains, including deforestation, while taking full account of the needs of farmers and workers;
3. Strengthen UK aid by responding to the needs and priorities of farmers and workers who make a crucial contribution to the global food system.”
Agenda Item 12 - Recommendations of the Audit and Governance Committee
Audit and Governance Committee - 14 October 2024
Proposed Change to the Council Procedure Rules
Recommended:
i) Council is recommended to approve the New Council Procedure Rules.
Reason: Approval is required in order to update the Council Procedure Rules.
Agenda Item 13 - Recommendations of the Licensing and Regulatory Committee
Licensing and Regulatory Committee - 8 October 2024
New Taxi Licensing Policy
Recommended:
i) That, in accordance with Option 1, Council approves the new policy as recommended by Members of the Licensing and Regulatory Committee to ensure the Taxi Licensing Policy complies with Statutory Standards and Best Practice Guidance (or any departures can be locally justified) thereby aiming to make taxi journeys in York even safer, more environmentally friendly and provide greater customer choice particularly for disabled passengers.
Licensing and Regulatory Committee - 4 November 2024
Gambling Act 2005 - Statements of Licensing Policy
Recommended
i) That in accordance with Option 1, Council approves the new Statement of Licensing Policy as recommended by Members of the Licensing and Regulatory Committee.
Reason: To meet the legislative requirements of the Gambling Act 2005.
Agenda Item 14 – 2025/26 Corporate Calendar
Recommended:
i) The Corporate Calendar of meetings for 2025/26, at Annex A, be approved.
ii) That the Director of Governance be authorised to make any changes to the Calendar as may prove necessary from time to time.
Reasons:
i) To provide a framework for the democratic and decision-making functions which will underpin delivery of the Council’s corporate priorities.
ii) To ensure that the calendar of meetings is implemented to assist with the forward planning and better management of meetings.
Agenda Item 15 – Pay Policy Statement 2024-25
Recommended:
i) For the Council to approve the Pay Policy Statement for 2024 – 2025.
Reason: In order to fulfil the requirements of Section 38 – 43 of
the Localism Act 2011 for the Council to produce and publish an annual policy statement that covers a number of matters concerning the pay of the Council’s senior staff, principally Chief Officers and relationships with the pay of the rest of the workforce.