Agenda and minutes

Monday, 1st July, 2019 2.00 pm

Venue: Town Hall, Scarborough

No. Item

Deputy Mayor's Opening Remarks

The Deputy Mayor placed on record the Council’s thanks to the former Chief Executive, Mr Jim Dillon for all his hard work for the Borough.  Councillor Swiers also commended those involved in the delivery of a very successful Armed Forces Day on 29 June.




Declarations of interests. pdf icon PDF 43 KB


No declarations of interest were received.




Apologies for Absence.


See above.




Minutes of the meetings of the Council held on 13 May, 30 May and 5 June 2019 to be read or taken as read as the case may be. pdf icon PDF 68 KB

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RESOLVED that the minutes of the meetings held on 13 May, 30 May and 5 June 2019 be taken as read and signed by the Chairman as a correct record.




To consider any announcements by the Director


There were no announcements.




To consider and pass resolutions on the following 'A' items:-


Household Duty of Care Enforcement Powers (19/090) pdf icon PDF 42 KB

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The recommendations in the extract minute from the Cabinet were proposed by Councillor Siddons and duly seconded.

RESOLVED that the Council:

a)    Approve the use of fixed-penalty notices for duty of care offences committed by householders under s34 Environmental Protection Act 1990.

b)    Approve that the penalty for the offence be £200

c)    Delegate authority to the Directors:

(i) to issue fixed penalty notices for householder duty of care offences;

(ii) to authorise in writing any Officer of the Council to issue fixed penalty notices for householder duty of care offences



To ensure the Council can use available legislative tools to tackle the problem of the illegal fly-tipping of waste.




Annual Report and Improvement Plan 2019/20 (19/136) pdf icon PDF 42 KB

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The recommendations in the extract minute from the Cabinet were proposed by Councillor Siddons and duly seconded.

RESOLVED that the Council:

(i)            Notes the significant achievements made over the last 12 months, including:

a.    Opening of the Scarborough Sports Village, with attendances well above target

b.    Delivery of major events, including the Tour de Yorkshire

c.    Improvements to Scarborough Open Air Theatre, increasing capacity of the venue and attracting major acts

d.    Approval for major retail developments in Whitby

e.    Securing of funding and commencement of Flood prevention and Coastal protection works in all areas of the Borough.

(ii)          Approves the publication of the Annual Report and Improvement Plan 2019/20



Current best practice and rules on Data Transparency require the Council to publish its performance information and to make the details available to the public and partners in as many formats as possible.




Reports on Urgent Decisions in accordance with Access to Information Rule 16.


24 May 2019 - Procurement of software licences in respect of Microsoft products (19/123) pdf icon PDF 52 KB


RESOLVED that the decision be noted.




To receive a statement by the Leader and deal with any questions arising from that statement. pdf icon PDF 66 KB


Updating his statement, Councillor Siddons advised that the Governance Review was progressing well with guidance obtained from the Centre for Public Scrutiny, Local Government Association and best practice local authorities.  Facilitated workshops were being arranged so all councillors could contribute to the review.  He hoped to have recommendations to bring to the Council in the autumn.  He acknowledged that this was a challenging task: to increase every councillor’s democratic input whilst not losing efficiency in decision-making and avoiding additional costs where possible.  In respect of the high quality temporary attraction on the Futurist site, he confirmed  that following an invitation to tender for the provision of an observation wheel, the returned tenders were being evaluated.  Further details would be provided in due course.  Members then put questions to the Leader.  Councillor Chatt referred to a potential breach of General Data Protection Regulations about which he had attempted to ask questions at previous Council meetings, and criticised the lack of consultation with councillors about the observation wheel attraction.  Councillor Siddons commented that the Executive had to make timely decisions so Council business could proceed efficiently.  This was a decision to provide a temporary attraction in a prominent site, which if left could degenerate into an eyesore.  He understood Members had been informed about the proposals before they were publicised.  The Monitoring Officer confirmed her previous advice that Councillor Chatt’s other question was not appropriate for this forum.  In respect of the future development of the Futurist site and popular support for the site to be re-marketed for an alternative use, Councillor Donohue-Moncrieff  queried the legal implications of FlamingoLand’s preferred bidder status and what other commitments may have been made by the Council to the developer: what then was the Council’s position in respect of FlamingoLand and would the Council legally be permitted to put the site out to tender if FlamingoLand did not withdraw their interest in the site?  Her second question concerned Welcome to Yorkshire.  Commenting on Welcome to Yorkshire’s failure to commit to publishing the findings of the investigations into the conduct of Sir Gary Verity and that a radical culture change was required at the organisation, Councillor Donohue-Moncrieff endorsed the Leader’s call for Welcome to Yorkshire to be more open, but asked at what point the Council would follow other organisations in withdrawing funding to Welcome to Yorkshire in order to make it more open and transparent.  She felt this question was particularly relevant to the Borough Council because of what she held to be Sir Gary’s personal influence over senior figures in the Town Hall.  In respect of Welcome to Yorkshire, Councillor Siddons commented that this was a case of wait and see but explained the current position.  When the investigations were complete, he expected as full a public report as possible.  Welcome to Yorkshire had promised they would make ‘key themes, findings and recommendations’ available to the public which did not seem to equate to a full public report.  He added that people should be given  ...  view the full minutes text for item 7.


To receive statements from each of the Cabinet Members and deal with any questions arising from those statements. pdf icon PDF 73 KB

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Councillor Colling presented her statement as Portfolio Holder for Economy, Communities and Commercial providing updates on local events in Safeguarding Week and the Scarborough Town Centre Strategy information evening both held the previous week.  The former had included public information sessions in Whitby and Scarborough and two awareness raising sessions in the Town Hall.  The afternoon session on stalking and harassment had attracted over 100 participants.  The Town Centre Strategy information evening had generated much interest in serving on the Town Centre Executive, and Councillor Colling was confident that there were sufficient skills and experience to drive the strategy forward.  Councillor Colling then provided an update on the Yorkshire Coast Destination Business Improvement District (DBID).  Members were reminded that the DBID was a private sector led initiative, and that the DBID concept and funding was never designed to be ‘controlled’ by local government.  Rather, it was about businesses coming together to create sustainable solutions to the management of an area where all relevant businesses paid and benefited.  The Borough Council had been invited to be part of the development of the DBID and had been involved in the consultation process.  Members had also been given the opportunity to attend two briefings which outlined the process both at the beginning and towards the end of the project.  Reports around funding and support had been taken to both the Cabinet and full Council.  Some local businesses had lodged an appeal against the ballot result in favour of the DBID.  In May the Secretary of State had dismissed the appeal on the grounds it had not attracted the necessary support of at least 5% of businesses.  Following concerns raised by businesses, the Borough Council was invited to review all of the consultation data and was satisfied that the DBID company had fulfilled all of its statutory obligations.  The Council was happy with the due diligence carried out and that the company had worked in the best interest of the private sector and had followed the BID regulations of 2004.  The Borough Council was bound by the same regulations and would join the Board of the DBID company as a stakeholder.  In terms of the financial implications for the Council, on 16 May 2017 the Cabinet committed to fund £15k for the set up costs of the DBID company including £6k for running the ballot.  The Council contributed a further £1k towards the feasibility study.  This funding could not be reclaimed.  To date, the DBID company had not required an advance on its levy income from the Council.  The Borough Council owned 38 properties with a rateable value of over £12.5k, 32 of which were car parks.  The cost in DBID levies to the Council based on values as at November 2018 was £31,158 per annum from a total rateable value of £2,079,300, that is, 2.4% of the total rateable value across the area.  In accordance with the BID regulations of 2004, the Council would issue levy bills on 1 August.  Any business which  ...  view the full minutes text for item 8.


To receive a statement from the Chair of the Overview and Scrutiny Board and deal with any questions arising from that statement pdf icon PDF 49 KB


Councillor Coulson presented his statement as Chair of the Overview and Scrutiny Board reminding Members of the call-in of the recent Cabinet decision in respect of public conveniences to be considered at the Board’s next meeting on 3 July.




To receive Minutes of the Council's Executive and Committees published since Council last met and appended hereto.


RESOLVED that the minutes of the meetings be received.



Questions to the Leader and Cabinet Members with the replies provided after the meeting pdf icon PDF 87 KB