Agenda item

13.1

This report sets out the tendering process for an ice cream operator for Endcliffe Park, including a summary of the response to the tender and recommendations for entering into a licence with a new operator.

13.2

RESOLVED UNANIMOUSLY: That the Charity Trustee Sub-Committee:-

1.     notes the contents of this report;

2.     approves the grant of a 7-year licence to the selected operator for ice cream provision in Endcliffe Park with a condition that an E-Power Zero Emission Vehicle is used by the end of Year 2 of the licence period; and

3.     delegates authority to Property Services and Parks and Countryside to issue a licence on the terms proposed.

13.3

Reasons for Decision

13.3.1

The selling of ice cream contributes to the objects of the Endcliffe Park charity, providing amenities within recreation and pleasure grounds for use by the public. It has also become an expected part of visitors’ park experience.

13.3.2

Generating an income allows the council as sole trustee to support the management and maintenance of the park and in turn contribute to the charity objects.

13.3.3

The offer from the selected operator is financially better than the other bids. Based on our knowledge of this operator and payment history we have no concerns over its ability to meet the level of fees proposed or the terms of the licence.

13.4

Alternatives Considered and Rejected

13.4.1

Alternative Option 1 – Do nothing

There is the option to not offer a license to any of the operators who have bid. This would mean there would be no provision for this type of offer within the park and would impact on the rental income for the charity which contributes directly to the management and maintenance of the park. This would have a detrimental impact on the quality of the visitor experience. This option has therefore been rejected.

13.4.2

Alternative Option 2 – Select the operator who offered less than the highest bidding operator.

There’s a possibility that zero emissions from the Ice Cream vans could be achieved sooner should the recommended operator not be awarded the licences, however the recommended operator does indicate a strong conviction to moving towards zero emissions and this would be achieved within a managed time period, and in line with the 2030 City goals. This would mean accepting an offer which would not be the best financial deal for the charity. This option has therefore been rejected.

43.1

The Business Manager – Business and Partnerships presented a report that set out the tendering process for an ice cream operator for Endcliffe Park, including a summary of the response to the tender and recommendations for entering into a licence with a new operator.

43.2

In response to Members’ questions, officers advised that successful operators would be expected to move to an electric vehicle within 2 years of the licence commencing, this was to allow time for operators to order vehicles. If an operator entered the third year of the lease without having an electric vehicle, they would be in breach of the licence. Current vehicles were required to be Euro 6 compliant.

43.3

During consideration of this item of business, and in order for Members of the Sub-Committee to ask questions on Appendix 1 of the report, it was RESOLVED: That the public and press be excluded from the meeting and the webcast be paused before further discussion takes place on the grounds that, in view of the nature of the business to be transacted, if those persons were present, there would be a disclosure to them of exempt information as described in paragraph 3 of Schedule 12A to the Local Government Act 1972, as amended.

43.4

The meeting was re-opened to the public and press, and the webcast was recommenced, prior to the decision being taken by the Sub-Committee.

43.5

RESOLVED UNANIMOUSLY: That the Charity Trustee Sub-Committee:-

1.     notes the contents of this report;

2.     approves the grant of a 7-year licence to the selected operator for ice cream provision in Endcliffe Park with a condition that an E-Power Zero Emission Vehicle is used by the end of Year 2 of the licence period; and

3.     delegates authority to Property Services and Parks and Countryside to issue a licence on the terms proposed.

43.6

Reasons for Decision

43.6.1

The selling of ice cream contributes to the objects of the Endcliffe Park charity, providing amenities within recreation and pleasure grounds for use by the public. It has also become an expected part of visitors’ park experience.

43.6.2

Generating an income allows the council as sole trustee to support the management and maintenance of the park and in turn contribute to the charity objects.

43.6.3

The offer from the selected operator is financially better than the other bids. Based on our knowledge of this operator and payment history we have no concerns over its ability to meet the level of fees proposed or the terms of the licence.

43.7

Alternatives Considered and Rejected

43.7.1

Alternative Option 1 – Do nothing

There is the option to not offer a license to any of the operators who have bid. This would mean there would be no provision for this type of offer within the park and would impact on the rental income for the charity which contributes directly to the management and maintenance of the park. This would have a detrimental impact on the quality of the visitor experience. This option has therefore been rejected.

43.7.2

Alternative Option 2 – Select the operator who offered less than the highest bidding operator.

There’s a possibility that zero emissions from the Ice Cream vans could be achieved sooner should the recommended operator not be awarded the licences, however the recommended operator does indicate a strong conviction to moving towards zero emissions and this would be achieved within a managed time period, and in line with the 2030 City goals. This would mean accepting an offer which would not be the best financial deal for the charity. This option has therefore been rejected.