Agenda item

This report reviews arrangements for the Christmas Market 2024 and the options for blue badge access.

Report to follow.

Resolved:

                  i.         Noted and approved the existing arrangements for traders of Shambles Market (year round market) to pass through the Hostile Vehicle Measures during the extended pedestrianised hours of the Christmas Market after 5pm, so that they are not held in the city unnecessarily until the 7pm lifting of the vehicle restrictions. This affects between 20 and 40 Shambles Market traders vehicles per day.

                 ii.         Noted the advice of Counter Terrorism Policing and the Safety Advisory Group that all vehicular access should not be permitted during the Christmas Market. Recognising that the risk is not just because of increased pedestrian traffic, but because of the specific increased terrorist risk at Christmas markets.

               iii.         Noted the increased overall footfall during the Christmas Market period noting that the pattern of peak footfall is not significantly dissimilar between the Christmas Market period and the summer holidays, see Annex B.

               iv.         Noted the positive impact of permitting Blue Badge holders’ vehicular access to the pedestrianised area for disabled people during the Christmas Market period, noting that on average currently around 18 Blue Badge holders drive into the pedestrianised area between 10:30am to 5pm i.e. an average of 2.7 per hour.

                v.         Noted the impacts of increased risk of collisions/accidents between pedestrians and vehicles linked to additional vehicles within the pedestrianised streets, (including the potential negative impacts on some groups with protected characteristics under the Equality Act 2010).

               vi.         Agreed to implement Option D within the report – Permit Blue Badge vehicular access to the Goodramgate Loop excluding Church Street, after 5pm during the Christmas Market period, as happens for the Shambles Market traders. The restrictions are lifted at 7pm when the Christmas Market closes. There would be no Blue Badge vehicular access to the Blake Street, St. Helen’s Square and Lendal route. This would provide equity for Blue Badge holders, with the arrangements in place for the Shambles Market traders, but access would not be available in core footstreet hours 10:30am to 5pm. This would be contrary to the advice of Counter Terrorism Policing and the Safety Advisory Group. The figures show that whilst total footfall is significantly higher overall during the Christmas Market period than an August week, the peak hourly footfall after 5pm during the Christmas Market period is similar to peak hourly footfall during August. Parked Blue Badge holders’ vehicles combined with the increased footfall may cause an issue for market traders and pedestrians to pass safely and add to a sense of overcrowding.

             vii.         Noted that the report had been written in the context of the current threat level. In theory the threat level could be raised by central government/MI5 or the police aware of a local specific risk. Executive therefore recognise that should they instruct some level of blue badge holder vehicular access during the Christmas Market, but the terrorism threat is raised nationally or locally then officers have the right to withdraw permission for blue badge holder access and that of Shambles Market Traders as the basis on which the Executive instructed officers was made has changed.

Reason:     Executive, being minded to permit some form of Blue Badge vehicular access during the Christmas Market period, consider whether the chosen option is reasonable and proportionate having fully considered all relevant matters. Executive has weighed-up the equalities and human rights benefits to Blue Badge holders and balanced those with the wider public interest, including the right to life, the duty to protect life, and the potential negative impact that increased pedestrians and vehicular traffic in the pedestrianised area could have on some groups with protected characteristics under the Equality Act 2010.

The Director for Environment, Transport and Planning presented the report which Executive had asked for to provide an update on the plans for this year’s Christmas Market and to give consideration as to whether blue badge access is possible this year. It was explained that the previous decisions had shaped the way this year’s Christmas market was currently planned with no blue badge holder vehicular access to the pedestrianised zone, blue badge access to the pedestrianised streets would only be possible from 7pm to 10:30 am the next day.

He confirmed a written request had been submitted earlier in the year to ask Make It York to consider how the 2025 Christmas Market could facilitate blue badge vehicular access.

The report therefore sets out the current plans for Shambles market traders to have vehicular access from 5pm to 7pm as their market finishes before the Christmas Market, this is against Counter Terrorisms advice, but MIY and the Council have sought to mitigate this impact.  It was confirmed that there will be no vehicular access for Christmas Market Traders. 

It was made clear that all options before the Executive carry an element of risk and officers cannot fully mitigate those risks, some options carry significantly more risk than others. However, it was explained that the decision cannot be made on risk alone, Executive were advised they must also consider the equality and human rights impacts of the options.

Officers have discussed the option of Blue Badge holder vehicular access in the same way as Shambles Market Traders with Counter Terrorism Officers and whilst their advice is no access except for emergency service vehicles, they understand the Council may want to permit some access. They have suggested any permission for vehicular access is sufficiently agile that if the risks change the permission can be removed.  As such the Director requested Executive consider another recommendation para 19 roman numeral vii.

The Executive Deputy Leader outlined that the decision on access was a difficult decision but one the Council didn’t wish to shy away from. He noted the access that was granted to market traders from 5pm in 2023 during the Christmas market which had operated well. He acknowledged the challenges with delivering blue badge access during the Christmas market but stated that the Council aimed to have a fully accessible city. Therefore, he outlined his support for option D within the report to allow blue badge access during the same time as Shambles Market Traders during this years Christmas Market.

The Executive Leader explained that the Executive had considered the risks and the possible mitigation in relation to access during this year’s Christmas market. The Executive Member for Transport also outlined her support for option D and not option F for this years Christmas market which would provide access to the Goodramgate loop in the mornings due to the increased level of risk at this time compared to any other time in the year.

Resolved:

                  i.         Noted and approved the existing arrangements for traders of Shambles Market (year round market) to pass through the Hostile Vehicle Measures during the extended pedestrianised hours of the Christmas Market after 5pm, so that they are not held in the city unnecessarily until the 7pm lifting of the vehicle restrictions. This affects between 20 and 40 Shambles Market traders vehicles per day.

                 ii.         Noted the advice of Counter Terrorism Policing and the Safety Advisory Group that all vehicular access should not be permitted during the Christmas Market. Recognising that the risk is not just because of increased pedestrian traffic, but because of the specific increased terrorist risk at Christmas markets.

               iii.         Noted the increased overall footfall during the Christmas Market period noting that the pattern of peak footfall is not significantly dissimilar between the Christmas Market period and the summer holidays, see Annex B.

               iv.         Noted the positive impact of permitting Blue Badge holders’ vehicular access to the pedestrianised area for disabled people during the Christmas Market period, noting that on average currently around 18 Blue Badge holders drive into the pedestrianised area between 10:30am to 5pm i.e. an average of 2.7 per hour.

                v.         Noted the impacts of increased risk of collisions/accidents between pedestrians and vehicles linked to additional vehicles within the pedestrianised streets, (including the potential negative impacts on some groups with protected characteristics under the Equality Act 2010).

               vi.         Agreed to implement Option D within the report – Permit Blue Badge vehicular access to the Goodramgate Loop excluding Church Street, after 5pm during the Christmas Market period, as happens for the Shambles Market traders. The restrictions are lifted at 7pm when the Christmas Market closes. There would be no Blue Badge vehicular access to the Blake Street, St. Helen’s Square and Lendal route. This would provide equity for Blue Badge holders, with the arrangements in place for the Shambles Market traders, but access would not be available in core footstreet hours 10:30am to 5pm. This would be contrary to the advice of Counter Terrorism Policing and the Safety Advisory Group. The figures show that whilst total footfall is significantly higher overall during the Christmas Market period than an August week, the peak hourly footfall after 5pm during the Christmas Market period is similar to peak hourly footfall during August. Parked Blue Badge holders’ vehicles combined with the increased footfall may cause an issue for market traders and pedestrians to pass safely and add to a sense of overcrowding.

             vii.         Noted that the report had been written in the context of the current threat level. In theory the threat level could be raised by central government/MI5 or the police aware of a local specific risk. Executive therefore recognise that should they instruct some level of blue badge holder vehicular access during the Christmas Market, but the terrorism threat is raised nationally or locally then officers have the right to withdraw permission for blue badge holder access and that of Shambles Market Traders as the basis on which the Executive instructed officers was made has changed.

Reason:     Executive, being minded to permit some form of Blue Badge vehicular access during the Christmas Market period, consider whether the chosen option is reasonable and proportionate having fully considered all relevant matters. Executive has weighed-up the equalities and human rights benefits to Blue Badge holders and balanced those with the wider public interest, including the right to life, the duty to protect life, and the potential negative impact that increased pedestrians and vehicular traffic in the pedestrianised area could have on some groups with protected characteristics under the Equality Act 2010.