Agenda and minutes

Council - Wednesday, 14th December, 2022 5.30 pm

Venue: Council Chamber - Civic Centre, St Luke's Avenue, Harrogate HG1 2AE. This meeting will be livestreamed here: (Copy and paste the link in your browser).. View directions

Contact: Elizabeth Jackson, Democratic Services Manager  Tel: 01423 500600 Email:

No. Item


Apologies for Absence:


43/22 – APOLOGIES FOR ABSENCE:  Apologies for absence had been received from Councillors Phil Ireland, John Mann, Nigel Middlemass and Ann Myatt.



Urgent Business:

To receive notice of any urgent business the Chairman considers should be dealt with at the meeting as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972.


44/22 – URGENT BUSINESS: The Mayor advised that an urgent item of business had arisen, which she was satisfied must be dealt with at the meeting as a matter of urgency.  The reason for the urgency was to seek Council approval for an amendment to the Council’s Constitution which would enable all Members to participate, should they wish to do so, in the debate on the Notice of Motion at Minute 57/22 which related to conferring honorary alderman/alderwomen status.  Members would see that the report was seeking an amendment, which if approved would take place with immediate effect. That amendment was to provide that, save in relation to disclosing the interest, personal interests in relation to any ceremonial honours were exempt from the requirements in paragraphs 8 and 10 of Appendix B to the Member’s Code of Conduct. This amendment, if agreed, would enable all Members to participate in the debate and vote on conferring any ceremonial honour including any Member who may be entitled to be considered for a ceremonial honour.



Amendment To Constitution In Relation To Interests:


45/22 – AMENDMENT TO CONSTITUTION IN RELATION TO INTERESTS:  The Head of Legal and Governance submitted a written report which sought an amendment to the Constitution to enable all Members to participate in debates and votes on conferring any ceremonial honour, including any Member who may be entitled to be considered for a ceremonial honour.


Moved by Councillor Victoria Oldham           Seconded by Councillor Robert Windass




That the Council’s Constitution be amended with immediate effect to provide that interests in relation to any ceremonial honours are exempt from the requirements in paragraphs 8 and 10 of Appendix B to the Member’s Code of Conduct save in relation to requiring disclosure of the relevant interest, as per Appendix 1 to the report.



Declarations of Interest:

Members to advise of any declarations of interest.


46/22 – DECLARATIONS OF INTEREST: Councillors Richard Cooper and Philip Broadbank declared an interest in Minute 57/22 on the basis that they had been subject to the standards procedure in the past and had the right to be nominated.  Councillors Cooper and Broadbank both took part in the debate and vote on the item. 



Exempt Information:

To determine whether the exclude the press and public during the consideration of any exempt information items.


47/22 – EXEMPT INFORMATION:  There was no exempt information.



Minutes: pdf icon PDF 238 KB

of the meeting of 21 September 2022


48/22 – MINUTES:


Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift




That the Minutes of the meeting of Council held on 21 September 2022 be approved as a correct record.




To receive such communications as the Chairman may desire to lay before the Council.




01.         Councillor Margaret Atkinson and Former Councillor Jim Clark:  The Mayor referred to the sad news of the deaths of Councillor Margaret Atkinson on 13 November and former Councillor Jim Clark last week.


Margaret had served on Harrogate Borough Council since 2 May 2002. She served as both a Cabinet Member and also deputy Mayor in 2018-19.  Jim had served on the Council since 4 May 2000, and retired in October.  Jim was Mayor of the Borough during 2014-15.   


The Council then observed a minute’s silence in memory of Councillors Margaret Atkinson and Jim Clark.


02.         Former Councillor Zoe Metcalfe:  The Mayor reported that since the last meeting of the Council Councillor Zoe Metcalfe had retired from the Council.  The Mayor thanked Zoe for service to the people of her ward and of the Borough.


03.         Remembrance Sunday: The Mayor thanked all those who were able to support the Remembrance Sunday commemoration held in Harrogate on 13 November and also those other commemorations held across the District on Remembrance Sunday.


04.         Christmas Carol Concert:  The Mayor advised that she would be hosting the Mayor’s Christmas Carol Concert at the Royal Hall, Harrogate on the 23 December 2022.  Admission would be by free ticket in order to ensure compliance with capacity and safety requirements for the use of the Hall and the Mayor’s Secretary had contacted Members regarding ticket requirements, with the Harrogate Theatre Box Office issuing free tickets for members of the public.


Public Arrangements - Petitions:

To receive any petitions under Standing Order 26.


50/22 – PUBLIC ARRANGEMENTS – PETITIONS:  No petitions had been received.



Public Arrangements - Questions:

To consider any questions under Standing Order 27.


51/22 – PUBLIC ARRANGEMENTS – QUESTIONS:  No public questions had been received.



Accountability of the Executive and Committee Chairs:

To receive any written or verbal questions from Members under Standing Order 12.


52/22 – ACCOUNTABILITY OF THE EXECUTIVE AND COMMITTEE CHAIRS:  The Mayor advised that in accordance with Standing Order 12(9) one written question had been received and which would, in accordance with the Standing Order, be dealt with as the first question under this item. She would then invite verbal questions of the Executive Members and Committee Chairs from other Members of the Council.


  1. Question to the Cabinet Member for Culture, Tourism and Sport from Councillor Chris Aldred


Following my Question relating to the removal of the Gas Boilers at the Harrogate Hydro Swimming Pool, during the current refurbishment, at our last meeting (21 September), you were kind enough to forward me a copy of the report produced by Alliance Leisure (December 2020), on which recommendations the current Energy Efficiency Scheme is based. This report clearly advises (page 6) that “the Council retain 1 of the existing boilers for resilience and redundant CHP remain in situ”. Yet you clearly stated – as recorded in the Minutes of our last meeting – “I can confirm that the existing Gas Boilers used for heating the facility have been removed”.


I understand that the Alliance recommendation was made because when the temperature drops below 3 degrees – instance the last couple of weeks here in Harrogate – the Air Source Heat Pumps we are installing will fail to pick up the heat lead and the Solar Panels will obviously not be generating either. We would be left with a facility with no heating, at the very time of year it is needed most.


Can you confirm, contrary to your previous statement, that at least one of the Gas Boilers has been retained, for use in these instances? And that the redundant CHP has also been fixed?




Thank you for the question, the report produced by Alliance was a standalone piece of work and its purpose was to inform our Public Sector Decarbonisation Scheme (PSDS) grant application. The report was completed while the main Hydro redevelopment design works were still being finalised.


The PSDS grant was approved and following that the main refurbishment works for the Hydro were approved by HBC. This sequence of decisions allowed us to consider how the two schemes could work together and deliver even better results for the Council. As a result of this we have designed a scheme for the Hydro where:


  1. The Air Source Heat Pumps (ASHP) were increased in size to provide more heating capability. This allowed the ASHPs to provide redundancy and efficiency in the design and remove the need for the redundant boiler.
  2. The CHP could be removed freeing up space.


I can therefore confirm:


  1. All boilers had now been removed from site.
  2. All heating would be via 2 multi stage ASHPs providing efficiency and redundancy in the design to cover normal operating and maintenance conditions at below zero ambient air temperatures.
  3. The CHP, which had passed its serviceable life, has now been removed from site.


In response to a supplementary question from Councillor  ...  view the full minutes text for item 52.


Memoranda of the Report from the Overview and Scrutiny Commission:



  COMMISSION:  There were no such reports.



Financial Update:

The Head of Finance to give a brief verbal presentation for the information of Members.


54/22 – FINANCIAL UPDATE:  The Head of Finance submitted a financial update, the main focus of which was to provide an overview of the Council’s finances and process for the 2023/24 draft budget.


2021/22 Statement of Accounts

-       Draft un-audited version certified by Head of Finance on 4 December.

-       External audit started on 5 December.


2022/23 Position

-       Quarter 2 report shows a projected general fund overspend of £2,503k for 2022/23.

-       Main variances – utility costs (+£1,688k), 2022/23 pay award (+£1,073k).

-       Further savings anticipated from energy bill relief scheme and staff vacancies/turnover (17% turnover rate over past 12 months).

-       Ultimately balanced budget will be achieved by drawdown from Budget Transition Fund and Working Balance.


2023/24 Budget

-       Draft budget for Harrogate services for 2023/24 largely complete.

-       Detailed process in line with previous years.

-       Budgets across all district/boroughs consolidated with that of county council, in line with overall timetable to produce first budget for new unitary council.



Report back on Previous Notices of Motion:


55/22 – REPORT BACK ON PREVIOUS NOTICES OF MOTION:  There were no reports to be considered.



Minutes of Committees and Cabinet:


56/22 – MINUTES OF COMMITTEES AND CABINET: The Council resolved upon the various non-delegated Minutes of the Committees and Cabinet as follows:



Cabinet: 9 November 2022 pdf icon PDF 206 KB


56/22(01) – CABINET – 9 NOVEMBER 2022:


Moved by Councillor Richard Cooper              Seconded by Councillor Graham Swift




That the Minutes of the meeting of the Cabinet held on 9 November 2022 be approved and adopted.



Chief Officer Employment Committee: 7 December 2022 pdf icon PDF 270 KB

(Copy to follow)




In moving the motion Councillor Graham Swift expressed thanks to the Chief Executive for his work over many years at the Council


Moved by Councillor Graham Swift                   Seconded by Councillor Paul Haslam




That the Minutes of the meeting of the Chief Officer Employment Committee held on 7 December 2022 be approved and adopted.



Notices of Motion Received: pdf icon PDF 316 KB

In accordance with Standing Order 10, the Head of Legal and Governance to submit Notices of Motion received.


57/22 – NOTICES OF MOTION RECEIVED:  The Mayor advised that there was one notice of motion before the Council.  The motion, which was in the names of Councillors Richard Cooper and Sam Gibbs would be debated by the Council in accordance with Standing Order 10(6)(d) as the Mayor considered it would be expedient for the matter to be considered at Council that evening.


“This council resolves that honorary alderman status be withheld from any councillor or former councillor against whom there is an outstanding course of action they have been recommended to take following a complaint about them through our standards procedure.”


Moved by Councillor Richard Cooper           Seconded by Councillor Sam Gibbs


The motion was then debated by the Council.


Councillor Sam Gibbs requested that a recorded vote be taken on the matter in accordance with Standing Order 16(4).  On a vote being taken this was supported by more than one quarter of the Members present.


FOR:  Councillors Rebecca Burnett, Mike Chambers, Richard Cooper, Ed Darling, John Ennis, Sam Gibbs, Michael Harrison, Paul Haslam, Steven Jackson, Sue Lumby, Stanley Lumley, Stuart Martin, Tim Myatt, Victoria Oldham, Andy Paraskos, Alex Raubitschek, Matt Scott and Graham Swift.


Total:             18


AGAINST:  Councillors Chris Aldred, Philip Broadbank, Nick Brown, Trevor Chapman, Hannah Gostlow, Sam Green, Pat Marsh, Pauline McHardy, Tom Watson and Matthew Webber.


Total:             10


ABSTENTIONS:  Councillors Sid Hawke, Nigel Simms, Christine Willoughby and Robert Windass.


Total:             4


The Mayor declared the motion carried.



Harrogate Convention Centre - 2022 Update: pdf icon PDF 272 KB

In accordance with the requirements of Council, the Director, Harrogate Convention Centre, to submit a written report.


58/22 – HARROGATE CONVENTION CENTRE: 2021 UPDATE:  The Chair of the Harrogate Convention Centre Board, Councillor Richard Cooper, submitted the annual report in connection with the Centre’s business strategy and performance, as required by the Council and HCC’s constitutional arrangements.


The Leader reported that lettings revenues were returning to the levels they were before the COVID-19 lockdowns.  He further reported that the catering contractor had served notice to quit and so the catering operation would be returned in-house.  In 2021-22 the Convention Centre provided £18.6 million of economic impact for the Harrogate district and in 2022-23 an economic impact of £31 million was forecast.  Consent had been received from NYCC to proceed with final designs for the reconstruction project and an application had been made for £20 million of levelling up funds.


Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift




That Council receive the report



Common Seal:

To authorise the affixing of the Common Seal to the necessary documents for the purposes of carrying out the resolutions contained in the Minutes.


59/22 – COMMON SEAL: 


Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift




That    (1)  the Common Seal of the Council be affixed to the Deeds and Documents necessary to carry out the resolutions confirmed and passed this day; and


            (2)  no deed shall be treated as being conditional upon Council proceeding until completion of a transaction relevant to any deeds.