Agenda and minutes

At this point, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

At this point in the meeting, Members were asked to declare any personal interests not included on the register of interests, any prejudicial interests or any disclosable pecuniary interest which they might have in respect of the business on the agenda. No additional interests were declared.

To consider excluding the public and press from the meeting during consideration of Appendix 1 to agenda item 5 on the grounds that it contains legally privileged advice relating to contemplated litigation. This information is classed as exempt under paragraph 5 of schedule 12A to the Local Government Act 1972 and Regulation 20 of the Local Authorities (Executive Arrangements)(Meetings and Access to Information) (England) Regulations 2012.

Resolved:           That it was agreed to exclude the press and public from the meeting during consideration of Appendix 1 to agenda item 5 (Lendal Bridge and Coppergate Regulation Order) on the grounds that it contained information relating to the financial or business affairs of particular persons (including the authority holding that information). Such information is considered exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

It is at this point in the meeting that members of the public who have registered to speak can do so.  The deadline for registering is 5.00pm on Tuesday 26 August 2014.  Members of the public can speak on agenda items or matters within the remit of the committee.

To register to speak please contact the Democracy Officer for the meeting, on the details at the foot of the agenda.

Filming, Recording or Webcasting Meetings

Please note this meeting may be filmed and webcast or audio recorded and that includes any registered public speakers, who have given their permission.  The broadcast can be viewed at http://www.york.gov.uk/webcasts  or,if sound recorded, this will be uploaded onto the Council’s website following the meeting.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/downloads/download/3130/protocol_for_webcasting_filming_and_recording_of_council_meetings

It was reported that there had been one registration to speak at the meeting under the Council’s Public Participation Scheme which had subsequently been withdrawn and that a Member of the Council had also requested to speak.

Cllr Watson spoke to question the reason for the decision taken by Cabinet in relation to the refund of fines received in connection with the Lendal Bridge Traffic Order. He questioned whether the decision taken to only refund motorists that appealed against their Penalty Charge Notices had been taken as a charge would be made for the release of the names and addresses of those involved.

Officers confirmed that the company employed to undertake this work, on behalf of the Council, did hold the records and refunds would be made to the registered keepers at the time of the issuing of the Penalty Charge Notice. This would then ensure that any repayments were correctly made to the individual who paid the fine. It was also confirmed that the costs depended on the number of applications received. 

To approve and sign the minutes of the last meeting of the Committee held on 14 July 2014.

Resolved:  That the minutes of the last meeting of the Committee held on 14 July 2014 be confirmed as a correct record and be signed by the Chair

To consider the decisions made by the Cabinet at their meeting held on 5 August 2014 in relation to the above item, which has been called in by Cllrs Aspden, Cuthbertson and Reid and Cllrs Steward, Doughty and Wiseman in accordance with the Council’s Constitution.  A cover report is attached setting out the reasons for the call-in and the remit and powers of the Corporate and Scrutiny Management Committee (Calling-In) in relation to the call-in, together with the original report and the decisions of Cabinet.

Members received a report which asked them to consider the decisions made by the Cabinet at their meeting held on 5 August 2014, in relation to the Council’s pursuance of its application for a review of the decision to the Traffic Penalty Tribunal Adjudicator in respect of appeals against fines for breach of the Lendal Bridge Traffic Regulation Order.

Details of the Cabinet’s decision were attached as Annex A to the report and the original report to the Cabinet meeting attached as Annex B. The decision had firstly been called in by Cllrs Aspden, Cuthbertson and Reid on the grounds that:

·                    The report and the recommendations put the onus on the motorist fined to contact the council and ‘appeal’ against their Penalty Charges Notices (PCN’s) in order to claim a refund.

·                    Instead, we believe that the onus should be on the council to contact each motorist who has been fined. Many of them will live outside York (or even the UK) so will not have heard that they are entitled to their money back. So every one of them should automatically be contacted by the council and refunded in full without question.  

·                    The fine income, which has been ring-fenced in reserves, should be used to repay the motorists. The repayment should also come with a formal apology from the council.

·                    If the fines are not repaid automatically, this risks doing further reputational damage to York through an unclear individual repayment process, where some get their money back but others don’t. It will also create the impression that the council is trying to hang on to as much of the fine money as possible to spend elsewhere.

Councillor Reid addressed the meeting on behalf of the Calling In Members. She expanded on the four reasons given for the call in confirming that whilst having no problem with the Lendal Bridge trial, in accordance with the principles of natural justice all fines should be repaid without the onus being on motorists to appeal. She went on to question a number of points including the number of outstanding PCN’s and the use of any outstanding monies.

Subsequently the decision had been called in by Cllrs Steward, Doughty and Wiseman for the following reasons:

The council’s decision to refund Lendal Bridge Penalty Charge Notice’s only to motorists who make an application for a refund is flawed because not re-paying all of the fines now:

will increase administration costs;

will continue the uncertainty over CYC’s ultimate financial outlay regarding PCN payments;

compounds the reputational damage done to York’s image as a welcoming tourist destination by selectively favouring local motorists over visitors from other parts of the country, who are not regular consumers of local media or readers of the council’s website and who therefore will not be aware of the council’s refund policy;

is, despite the administration’s creation of a ‘Fairness Commission’, neither honest, professional nor fair.

Councillor Steward spoke on behalf of the second group of calling in members reiterating their reasons for  ...  view the full minutes text for item 9.