York council has had to temporarily drop plans to ban certain forms of advertising in the city.
There are concerns that the authority was at risk of breaking procurement rules in the way they went about enacting the policy.
Liberal Democrat councillors intervened to ‘call-in’ the advertising contract – and said this uncovered the “potentially unlawful” process which “could have cost the council and taxpayers millions of pounds”.
City of York Council wants to follow in the footsteps of other authorities and ban adverts for unhealthy foods with high fat, salt or sugar contents on its property.
A council statement said: “The new advertising policy will allow greater controls over the types of advertising that is displayed on all council property, assets and public estate in York.
“Initially focusing on a new contract to manage bus shelters, the policy will also cover all new and retendered advertising contracts, including boundary signs, car parks and roundabouts.”
A meeting to discuss the new advertising policy last night (Tuesday) was brought to a premature end after council officers admitted there were flaws with the procurement process.
At the start, Claire Foale, the council’s assistant director policy and strategy, read out a statement which said: “As part of the preparations for this evening’s meeting, some new information – completely unrelated to the grounds for the call-in – came to light which means that the executive decision taken on the 18 April 2024 will no longer be implemented.
“Instead, an urgent report will be presented to the executive meeting on Thursday this week which will seek authority for a tender exercise.
“That decision will be subject to the call-in provisions in due course. In light of this members may wish to consider whether they wish to proceed with tonight’s call-in; or to withdraw it and revisit the issue after Thursday’s executive meeting.”
Some members of the corporate services, climate change and scrutiny management committee wanted to know more.
Cllr Chris Steward said: “Just to ask the obvious, what is the new information?”
He was told that the detail was restricted. The meeting has now been removed from the council’s YouTube channel.
Lib Dem Cllr Darryl Smalley said after the meeting: “It seems that Labour have realised that the process they have followed has more holes in it than an Aero.
“We’re glad they have agreed this policy needs a Time Out to be reconsidered properly. Labour have driven a Double Decker through the council’s procurement rules, meaning that the decision was potentially unlawful and could have cost the Council and taxpayers millions of pounds.
“The processes are there to ensure best value for residents, the executive had the report for the last year and failed to start the appropriate tendering process that they are now being forced into. It’s clear that Councillor Lomas needs a Refresher in the council’s tendering processes.
“We call on the executive to not only restart this process but also throw out their ridiculous ban on chocolate advertising in York.
“York is a chocolate city, chocolatiers in York employ thousands of people and produce millions of bars of chocolate every day.
“The council should be celebrating this story and supporting local business rather than banning them advertising in York.
“No one is denying that obesity is a serious issue, locally or nationally, but just lazily banning advertising and thinking it’s job done is not the solution.”
Executive member for finance and performance, Cllr Katie Lomas said: “Council officers identified a problem relating to the process followed prior to a public decision being taken, a problem unrelated to the reasons given for calling in the decision.
“It was therefore the right decision to cancel the call in and get the process right.
“Liberal Democrats were well aware of this yet have sought to misinform the public over the facts.
“They will still have the opportunity to call in a future decision. And I can reassure them York’s fantastic chocolate manufacturing industry is not going to be brought to its knees by changing advertising rules on a few York bus stops.”
Bryn Roberts, City of York Council’s director of governance said: “As part of the preparations for the call-in meeting, new information unrelated to the grounds for call-in, came to light and, as a result, the Executive Decision taken on 18 April 2024 will no longer be implemented.
“Instead, an urgent report will be presented to the Executive meeting on Thursday 9th May, which will seek authority for a tender exercise.
“That decision will be subject to the call-in provisions in due course, but the work required to ensure the proper award of any contract relates solely to the procurement process and not to any advertising policy or advertising restrictions once a supplier has been determined.”