Agenda and minutes

Monday, 4th November, 2019 2.00 pm

No. Item


Declarations of interests. pdf icon PDF 43 KB


Councillor Backhouse declared a personal interest in agenda item 8, Motion in respect of the Yorkshire Coast DBID since he cast votes on behalf of his employer in the DBID ballot.


Councillor Roxanne Murphy declared a personal interest in agenda item 8, Motion in respect of the Yorkshire Coast DBID since her employer qualified for the DBID scheme.




Apologies for Absence.


See above.




Minutes of the meeting of the Council held on 16 September 2019 to be read or taken as read as the case may be. pdf icon PDF 129 KB


RESOLVED that the minutes of the meeting held on 16 September 2019 be taken as read and signed by the Chairman as a correct record.




To consider any announcements by the Chief Executive


The Chief Executive announced with great sadness the recent death of a dedicated and long serving member of the Council’s Street Cleansing Team, Mr Malcom Crawford.




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


New Adult, Children and Young People Safeguarding Policy (19/201) pdf icon PDF 41 KB

Additional documents:


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

RESOLVED that the Council adopts the Adult, Children and Young People Safeguarding Policy (October 2019) as part of the Council’s Policy Framework.



It is a requirement under section 11 of the Children’s Act 2004 for District Councils to make arrangements to ensure their functions safeguard and promote the welfare of children. District Councils also have a responsibility to work with partners to ensure that adults at risk receive protection and support. The Council also operates within the context of Joint Multi-agency Safeguarding Adults Policy and Procedures for North Yorkshire.




Local Code of Corporate Governance / CIPFA Financial Management Code (19/212) pdf icon PDF 41 KB

Additional documents:


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

RESOLVED that the Council adopts the revised Local Code of Corporate Governance as set out at Appendix B to the report.



To ensure the Council has appropriate governance arrangements in place.




To consider the following motions of which due notice has been given in accordance with Paragraph 12.1 of the Council Procedure Rules:-


Motion in respect of Fair Trade pdf icon PDF 212 KB

Proposer: Councillor Subash Sharma

Seconder: Councillor Eileen Murphy


Dated: 14 October 2019


The Council considered the following motion which was proposed by Councillor Sharma and seconded by Councillor Eileen Murphy:

This Council notes that:

·         2019 marks 25 years since the FAIRTRADE Mark was launched in the UK.

·         Since 1994, consumer demand for Fairtrade has grown thanks to the efforts of grassroots campaigners, and pioneering Fair Trade businesses.

·         There are now over 600 Fairtrade Communities in the UK and more than 2,000 globally.

·         As a result of Fairtrade commitments from mainstream brands and retailers, the UK Fairtrade market is now one of the biggest in the world.

·         Global Fairtrade sales last year generated £142 million in Fairtrade Premium.

·         Farmers in 73 countries have invested this money in their communities, increasing business productivity and contributing to the achievement of the global Sustainable Development Goals (SDGs).

·         Despite this positive news, exploitation remains rampant in global supply chains.

·         More than 40 million people are trapped in modern slavery, including forced labour, and 152 million young people in child labour. Hundreds of millions more are earning less than a living income or wage.


This Council believes that:

·         Fairtrade and the wider Fair Trade movement has a significant contribution to make towards ending exploitation in global supply chains and achieving the SDGs.

·         The recently agreed International Fair Trade Charter should be welcomed, with its vision of transforming trade to work for people and planet.

·         The Fairtrade principles of paying a ‘premium’ that is wholly managed by farmers and workers themselves, and of minimum prices to protect producers from market volatility, are crucial to systemic change.

·         Public bodies, including local authorities, should support ethical procurement policies, using their purchasing power to support Fairtrade and ensure their supply chains, at home and abroad, are free of exploitation, including modern slavery.

·         Companies operating through global supply chains should go further and take steps to require the payment of living wages and achievement of living incomes for all.


This Council resolves to:

·         Renew its commitment/commit to achieve ‘Fairtrade Community’ status.

·         Actively promote Fairtrade locally, through support for local groups, in the media including social media, and events, including during Fairtrade Fortnight.

·         Support local Fairtrade Schools and Universities, and actively promote Fairtrade teaching materials in local schools and educational institutions.

·         Celebrate and incentivise businesses championing Fairtrade products in the local community.

·         Review its procurement policy, including its catering offer, to ensure that Fairtrade produce is chosen wherever possible, and that Fair Trade considerations are included as a preference in any contracts going out to tender.


It was agreed that Council Procedure Rules be suspended for this item to enable the motion to be debated.  Councillor Sharma introduced the motion citing the importance of Fairtrade in securing a basic guarantee of income and standard of living for farmers and growers in some of the poorest countries in the world.  On being put to the vote, the motion was carried.




Motion in respect of the Yorkshire Coast DBID pdf icon PDF 34 KB

Proposer: Councillor Alf Abbott

Seconder: Councillor Bill Chatt


Dated: 21 October 2019



The Council considered the following motion which was proposed by Councillor Abbott and seconded by Councillor Chatt:


Following meetings with business proprietors throughout the Borough, including members of the Yorkshire Coast Levy Payers Association (YCLPA), in our opinion it is readily apparent that there exists sufficient evidence casting doubt on the integrity of the ballot process underpinning the establishment of the Yorkshire Coast DBID as to render the Council's involvement unsafe in the present circumstances.


YCLPA is in the process of conducting a formal consultation of qualifying businesses. In our opinion, early results demonstrate that a lack of clarity regarding both the definitive geographical boundary of the scheme and the criteria applied to establish which businesses are genuinely tourism-related have resulted in certain qualifying businesses having been omitted from the original ballot, while certain non-qualifiers have been wrongly included. This data falls within the remit of a revised appeal to the Secretary of State.




I therefore propose that in the interests of prudence and good practice, this Council instigates an independent and impartial investigation of the legitimacy of the Yorkshire Coast DBID ballot process.


It was agreed that Council Procedure Rules be suspended for this item to enable the motion to be debated.  The Portfolio Holder, Councillor Colling commented that the Council did not have the authority to undertake an investigation of an independent organisation, but recognised that the Council’s role in the ballot process should be open to scrutiny and that businesses had raised some legitimate concerns which required answers.  Accordingly, she proposed the following amendment to the motion:

‘I therefore propose that in the interests of prudence and good practice, this Council instigates an independent and impartial investigation of the role of Scarborough Borough Council in carrying out the DBID ballot and that the Council urges the Yorkshire Coast BID Company to fully participate in that investigation.

This amendment was then seconded and debated.  Councillor Chatt opposed the amendment maintaining that the Yorkshire Coast BID company and its predecessor organisation played a key part in the DBID ballot process, and that without a guarantee of their participation the review would be incomplete.  Councillor Donohue-Moncrieff agreed with Councillor Chatt that it would be artificial to examine solely the Borough Council’s part since information flowed between the Council and the DBID organisation, but she felt it would be naïve of the DBID company not to cooperate in the investigation.  She also called for clear terms of reference and the ability for non-executive councillors and affected businesses to contribute to the process.  The Monitoring Officer confirmed that the Council did not have the powers to investigate a third party.  Councillor Cockerill then cast doubt on the correctness and completeness of the DBID ballot process, in particular with regard to the addresses used for qualifying businesses in Filey.  He added that having the correct list of businesses with a rateable value of over £12,000 was vital to the integrity of the whole DBID process, and the list of relevant  ...  view the full minutes text for item 6b


To receive a statement by the Leader and deal with any questions arising from that statement. pdf icon PDF 68 KB


Councillor Siddons presented his Leader’s statement also providing updates on Welcome to Yorkshire, the governance review and devolution.  Members were advised that on 7 October Councillor Peter Box became Chair of Welcome to Yorkshire, and further, a new Board and Chief Executive were being recruited.  A new Business Plan was being prepared in conjunction with staff, and funding to be delivered in three tranches would only continue on the evidence of improvements.  In respect of the governance review, workshops were held in early September run by the Centre for Public Scrutiny. The outcome was somewhat unclear largely due to the lack of engagement by some Members.  However, progress was being made amongst those Members keen to see more inclusive decision making.  The Chief Executive and officers had worked up a range of proposals that delivered the aims of inclusivity within a cost envelope based on the feedback that had been received to date.  Councillor Siddons hoped to present a proposal for discussion in time for a report to the next Council meeting.  In respect of regional devolution, the majority of Yorkshire Leaders, including the Mayor of South Yorkshire, Dan Jarvis, supported a One Yorkshire devolution deal.  Up to £30bn per year could be added to the Yorkshire economy which would be larger than Greater Manchester, West Midlands and even Scotland.  At present, the Government was reluctant to proceed on the basis of One Yorkshire but was prepared to support interim arrangements which would see up to four separate devolution deals in South Yorkshire, Leeds City Region, York and North Yorkshire and Hull and East Riding.  Discussions were well advanced with South Yorkshire and Leeds, and the Government did not want to see the remainder of Yorkshire left behind. Leaders of York, North Yorkshire County and district councils, East Riding and Hull were in discussion with the current Minister for Northern Powerhouse, Jake Berry, who had reiterated the Government’s commitment to a One Yorkshire deal.  Councillor Siddons added that he had agreed to support continued negotiations and was in regular contact with other Leaders, but remained to be convinced by the likely financial benefits suggested. In his view, One Yorkshire was clearly better than three or four quarters.  The Government seemed to be insisting on a Combined Authority model with an Elected Mayor with powers similar to the Greater Manchester Mayor, but the Leader felt it should be for the people of Yorkshire to decide the governance model.  He would be demanding good local representation was retained in any future model, with clear lines of authority directly to the Combined Authority - key to any successful devolution.


Members then put questions to the Leader raising concerns about the potential disruption to the business of the Clock Café from the works to demolish the chalets nearby and reinstate the retaining wall; the inadequate temporary lighting installed as part of the Whitby Church Street Flood Alleviation Scheme; the continuing delays in the governance review and implementation of a new committee structure; despite the  ...  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 82 KB

Additional documents:


Councillor Colling presented her statement as Portfolio Holder for Economy, Communities and Commercial, adding two updates: her congratulations to Whitby in Bloom for winning Gold in the Small Coastal Category in this year’s Britain in Bloom competition, and confirming that the Whitby Christmas Festival on 15-17 November would be part funded by the DBID.  Members then put questions to Councillor Colling about sports development in the Borough and about what further detail could be provided about the outcome of the Property Investment Governance Board’s meeting on 28 October.  In respect of sports facilities in Filey, Councillor Cockerill noted with disappointment that the development of a new Sports Hall at the Ebor Academy had not come to fruition because of lack of external funding, but was pleased that alternative schemes were now under consideration, currently  a skateboard park and a pump track for cyclists.  He thanked the Leader and Portfolio Holder for their support.  Councillor Colling confirmed that capital contributions amounting to £400m from the Borough Council and Filey Town Council had been allocated for alternative schemes in the town.  She also confirmed that the new position of sports development apprentice was to support the Council’s sports development programme across the Borough.  Finally, Councillor Colling added that the Property Investment Governance Board at its recent meeting had requested further information before making any recommendations about potential property acquisitions.


Councillor Jefferson presented her statement as Portfolio Holder for Finance and Operations, confirming that both the Whitby East Pier Link Bridge and the timber boom in Scarborough Harbour would soon be reinstalled.  She added too that the problem with the temporary lighting in Church Street, Whitby was being addressed.  Members then put questions to Councillor Jefferson about the Treasury’s decision to increase interest rates on all new loans from the Public Works Loan Board (PWLB) by 1%, and about Beyond Housing’s commitment to consult tenants regarding changes to their services in light of the recent decision to relocate their Whitby office from the town centre to the Green Lane Centre in a less accessible location about a mile away.  In reply, Councillor Jefferson commented that the un-consulted, arbitrary 1% increase on all new borrowings from the PWLB would potentially impact upon the viability and cost of delivering both future regeneration schemes and essential coastal protection works and that officers had made representations against this increase.  Further, alternative funding options would mitigate some of the impact of the PWLB rate rise, but she could not foresee in the short term borrowing rates reducing back to the previous historic lows.  In respect of Beyond Housing, she shared the questioner, Councillor Stonehouse’s concerns about the accessibility of the new Whitby Office which she would take further.  Councillor Jefferson understood that Councillor Stonehouse had since received a reply from Beyond Housing including details of their communication with tenants on this matter.  She added that the relationship between Beyond Housing and the Borough Council was set out in various agreements that were renewed and refreshed at the point  ...  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 54 KB


Councillor Coulson presented his statement as Chair of the Overview and Scrutiny Board, reminding group leaders to nominate councillors for the Climate Change Task Group.  There were no questions.




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.



Council 20191104 Q&As for publication with minutes pdf icon PDF 262 KB