Agenda, decisions and minutes

At this point in the meeting, 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, the Executive Member was asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests which he had in the business on the agenda. No additional interests were declared.

To approve and sign the minutes of the meeting held on 14 August 2017 and 18 September 2017.

Resolved: That the minutes of the meetings held on 14 August 2017 and 18 September 2017 be approved and signed as a correct record.

At this point in the meeting, members of the public who have registered to speak can do so. The deadline for registering is 5.00pm on Friday 13 October 2017.  Members of the public can speak on agenda items or matters within the Executive Member’s remit.

To register to speak please contact Democratic Services - contact details are at the foot of the agenda.

Filming, Recording or Webcasting Meetings

Please note this meeting may be filmed and webcast ,or 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 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 (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

https://www.york.gov.uk/downloads/file/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809

It was reported that  there had been no registrations to speak under the Council’s Public Participation scheme.

This report outlines a policy to allow the Council to implement the new powers on civil penalties introduced by the Housing and Planning Act 2016 as an alternative to prosecution for a range of offences under the Housing Act 2004.

Resolved:  (i)      That Option 1 be approved and the civil penalties be introduced as an alternative to prosecution.

                   (ii)      That the policy attached as Appendix A to the report be approved.

Reason:     To enable the Council to use the civil penalties as an alternative to prosecution for specific penalties under the Housing Act 2004.

The Executive Member considered a  report which sought approval for a policy to enable the Council to implement new powers on civil penalties introduced by the Housing and Planning Act 2016. These would be for offences under the Housing Act 2004 and would be an alternative to prosecution. The  policy would bring the Council’s powers in line with national guidance,  would only apply to offences committed after April 2017 and would require the same standard of proof as a criminal prosecution. The proposed policy covered the Council’s approach to implementation and the method for calculating the value of penalties, to a maximum value of £30k.

The use of civil penalties would be quicker than prosecution, and would be decided by a panel with specific knowledge and experience of housing matters. Penalty receipts would be invested by the local authority in the private housing sector, and the policy would evidence the Council’s commitment to tackling the worst elements of landlord behaviour in the private rented sector.

Option 1 (to introduce civil penalties) was recommended.  Not to do so (Option 2) would mean the loss of an additional tool to improve the lives of people living in private rented accommodation and ensure that private landlords did not benefit from ignoring their obligations.

Resolved:  (i)      That Option 1 be approved and that civil

penalties be introduced as an alternative to prosecution.

(ii)      That the policy attached as Appendix A to the

report be approved and adopted.

Reason:     To enable the Council to use the civil penalties as an alternative to prosecution for specific penalties under the Housing Act 2004.