Minutes:
(Cabinet Member with Special Responsibility Councillor Thomas)
In accordance with Section 100B(4) of the Local Government Act 1972, the Chairman agreed to consider the following report, which was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972, as an item of urgent business. The reason for urgency was that a decision needed to be taken at the earliest possible stage to resolve uncertainty over the Market’s future.
It was noted that the Chairman of Overview and Scrutiny had given his agreement, under Rule 16 of the Council’s Access to Information Rules, for Cabinet to consider this key decision, which was not in the Council’s Forward Plan, as the taking of the decision could not reasonably be deferred.
The report had been drafted immediately prior to the meeting and Members required time to read the papers that had been put before them. The Chairman therefore proposed, with the agreement of the meeting, that the meeting be adjourned for lunch and to allow time to read the report.
(The meeting adjourned at 12pm and re-convened at 12.35pm.)
It was moved by Councillor Langhorn and seconded by Councillor Kerr:-
“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”
Members then voted:-
Resolved unanimously:
(1) That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.
Members considered the options, options analysis including risk assessment and officer preferred option, which were all set out in the exempt report.
After questions from Members, the Chairman proposed a further short
adjournment, with the agreement of the meeting.
(The meeting adjourned at 1.50pm and re-convened at 2.05pm.)
It was proposed by Councillor Thomas and seconded by Councillor Langhorn:-
“(1) That approval be given to a letting of the Market Hall, Lancaster to a single retailer on the basis set out in the report, subject to the revenue and capital implications identified within the report being approved by Full Council as part of the 2010/11 budget process. Such report (to Full Council) to include a cashflow forecast.
(2) That, subject to that approval by Full Council, in order to facilitate the letting to a single retailer, whether in accordance with the proposal in recommendation (1) or to any alternative single trader should that proposal fail to materialise, approval be given to serve notices to terminate the leases/licences to existing market traders.
(3) That subject to recommendation (1) being approved, further reports be made on the staffing implications of operating the markets.
(4) That the opportunity to increase the number of days on which the Charter Market operates be investigated.
(5) That subject to recommendation (1) being approved, in accordance with the council’s Financial Regulations, approval be given to an exception to the Contract Procedure Regulations to enable the appointment of Cushman Wakefield to undertake the design/project management work on the Market Hall building.”
Members then voted:-
Resolved:
(6 Members (Councillors Ashworth, Blamire, Kerr, Langhorn, Mace and Thomas) voted in favour, 2 Members voted against (Councillors Barry and Fletcher) and 1 Member (Councillor Archer) abstained)
(1) That approval be given to a letting of the Market Hall, Lancaster to a single retailer on the basis set out in the report, subject to the revenue and capital implications identified within the report being approved by Full Council as part of the 2010/11 budget process. Such report (to Full Council) to include a cashflow forecast.
(2) That, subject to that approval by Full Council, in order to facilitate the letting to a single retailer, whether in accordance with the proposal in recommendation (1) or to any alternative single trader should that proposal fail to materialise, approval be given to serve notices to terminate the leases/licences to existing market traders.
(3) That subject to recommendation (1) being approved, further reports be made on the staffing implications of operating the markets.
(4) That the opportunity to increase the number of days on which the Charter Market operates be investigated.
(5) That subject to recommendation (1) being approved, in accordance with the council’s Financial Regulations, approval be given to an exception to the Contract Procedure Regulations to enable the appointment of Cushman Wakefield to undertake the design/project management work on the Market Hall building.
Officers responsible for effecting the decision:
Corporate Director (Regeneration)
Head of Property Services
Reasons for making the decision:
The decision taken is in line with the previous decision of Cabinet to try to procure a single retailer for Lancaster Market Hall in an effort to reduce the budgetary deficit.
(At the close of this item, the exclusion was lifted and members of the press and public were re-admitted to the meeting.)