Agenda item

13.1

The Executive Director, Place submitted a report seeking Cabinet approval for the Council to enter into a new 5-year lease agreement at Endcliffe Park café. Endcliffe Park is held charitably and therefore consent from Cabinet Members acting as Charity Trustees was required for this renewal. In line with the charitable conditions applicable, all income received by the City Council from the café operation was directly reinvested back into the park to assist with its upkeep and maintenance.

13.2

RESOLVED: That Cabinet acting as Charity Trustees for Endcliffe Park:-

(a)

approves the grant of a new lease for the café on the terms outlined in the report subject to the approval of the Charity Commission and delegates authority to the Director of Capital and Major Projects in consultation with the Director of Culture and Environment to complete negotiations to agree terms and conclude this matter; and

(b)

authorises the Director of Capital and Major Projects to instruct the Director of Legal and Governance to prepare and complete the necessary legal documentation in accordance with the agreed terms and Charity Commission requirements.

13.3

Reasons for Decision

13.3.1

The existing café operator is popular with the general public and encourages visitors to the park. Mr Charlesworth works well with the Council and has also been involved in supporting local fund raising activities to benefit the park and its users.

13.3.2

The lessee has performed his obligations under his previous Lease to provide an effective service. This service offer has now been expanded further, following investment to provide a new outdoor seating area for customers last year.

13.3.3

The revised extended terms now being offered, along with the market rental value agreed, better satisfies the Park’s charitable conditions to achieve “best consideration” overall.

13.4

Alternatives Considered and Rejected

13.4.1

The Council could market the property with a view to completing an open tender exercise, allowing other businesses the opportunity to run the café. However, any change of operator may present TUPE implications (Transfer of Undertakings: Protection of Employment regulations) for the staff currently employed. Any tender exercise together with marketing is likely to be a lengthy process, be publicly unpopular, will present additional costs, and expose the charity to significant risks. The current operator continues to enjoy significant public support, and based upon the previous tender process, it is anticipated that any proposed change of operator for the Endcliffe Park Café would be met with significant public interest and concern.

1.4.2

1.5

Any Interest Declared or Dispensation Granted

None

1.6

Reason for Exemption if Public/Press Excluded During Consideration

None

1.7

Respective Director Responsible for Implementation

Simon Green, Executive Director, Place

1.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Economic and Environmental Wellbeing

13.1

The Executive Director, Place submitted a report seeking Cabinet approval for the Council to enter into a new 5-year lease agreement at Endcliffe Park café. Endcliffe Park is held charitably and therefore consent from Cabinet Members acting as Charity Trustees was required for this renewal. In line with the charitable conditions applicable, all income received by the City Council from the café operation was directly reinvested back into the park to assist with its upkeep and maintenance.

13.2

RESOLVED: That Cabinet acting as Charity Trustees for Endcliffe Park:-

(a)

approves the grant of a new lease for the café on the terms outlined in the report subject to the approval of the Charity Commission and delegates authority to the Director of Capital and Major Projects in consultation with the Director of Culture and Environment to complete negotiations to agree terms and conclude this matter; and

(b)

authorises the Director of Capital and Major Projects to instruct the Director of Legal and Governance to prepare and complete the necessary legal documentation in accordance with the agreed terms and Charity Commission requirements.

13.3

Reasons for Decision

13.3.1

The existing café operator is popular with the general public and encourages visitors to the park. Mr Charlesworth works well with the Council and has also been involved in supporting local fund raising activities to benefit the park and its users.

13.3.2

The lessee has performed his obligations under his previous Lease to provide an effective service. This service offer has now been expanded further, following investment to provide a new outdoor seating area for customers last year.

13.3.3

The revised extended terms now being offered, along with the market rental value agreed, better satisfies the Park’s charitable conditions to achieve “best consideration” overall.

13.4

Alternatives Considered and Rejected

13.4.1

The Council could market the property with a view to completing an open tender exercise, allowing other businesses the opportunity to run the café. However, any change of operator may present TUPE implications (Transfer of Undertakings: Protection of Employment regulations) for the staff currently employed. Any tender exercise together with marketing is likely to be a lengthy process, be publicly unpopular, will present additional costs, and expose the charity to significant risks. The current operator continues to enjoy significant public support, and based upon the previous tender process, it is anticipated that any proposed change of operator for the Endcliffe Park Café would be met with significant public interest and concern.