Agenda item

To consider the following motion submitted by Councillors Kevin Frea, Cllr. Jon Barry, Cllr. Amara Betts-Patel, Cllr. Carla Brayshaw, Cllr. Dave Brookes, Cllr. Rob Devey, Cllr. Melanie Guilding,  Cllr. Tim Hamilton-Cox, Cllr. Colin Hartley, Cllr. Caroline Jackson, Cllr. Abi Mills, Cllr. Jean Parr, Cllr. John Reynolds, Cllr. Oliver Robinson, Cllr. David Whitaker, Cllr. Nicholas Wilkinson and Cllr. Peter Williamson.

“This Council recognises the incredible value that the Musician's Coop has brought to the culture and economy of Lancaster for more than 30 years.

This Council resolves that:

1.      The eviction notice issued to the Musicians' Co-op on Friday 12th October is immediately rescinded.

2.      An urgent meeting between the Musicians' Co-op and the Council, including interested Councillors, is arranged to review the situation, and explore possible future arrangements that support the long-term future of the Co-op.

3.      An action plan is formulated to address the building condition report issues and how best the funds to pay for them could be raised, with the Council accepting responsibility for the most significant urgent structural repairs needed to make the building safe. This acknowledges the Council's position as landlord and the many years of uncertainty that the redevelopment proposals have cast over the future of this building and the wider area.

4.      If the Musicians' Co-op has to move out in the short-term for repairs to be carried out, then the Council will work with the Musicians Co-op to find suitable alternative premises close to Lancaster City Centre.”

An officer briefing note to follow.

Officers responded to numerous questions on the briefing note which had been drafted to accompany the motion on notice. Councillor Hamilton-Cox requested a copy of the 2012 survey on the Co-op building.

Councillor Frea proposed the following motion, having given the required notice to the Chief Executive in accordance with Council Procedure Rule 15:-

“This Council recognises the incredible value that the Musicians’ Co-op has brought to the culture and economy of Lancaster for more than 30 years.

This Council resolves that:

1)            The eviction notice issued to the Musicians' Co-op on Friday 12th October is immediately rescinded.

2)            An urgent meeting between the Musicians' Co-op and the Council, including interested Councillors, is arranged to review the situation, and explore possible future arrangements that support the long-term future of the Co-op.

3)            An action plan is formulated to address the building condition report issues and how best the funds to pay for them could be raised, with the Council accepting responsibility for the most significant urgent structural repairs needed to make the building safe. This acknowledges the Council's position as landlord and the many years of uncertainty that the redevelopment proposals have cast over the future of this building and the wider area.

4)            If the Musicians' Co-op has to move out in the short-term for repairs to be carried out, then the Council will work with the Musicians’ Co-op to find suitable alternative premises close to Lancaster city centre.”

Councillor Peter Williamson seconded the motion.

With the time at 8pm at this point, the Deputy Mayor called for a comfort break, in accordance with Council Procedure Rule 10.1.

(The meeting adjourned at 8pm and reconvened at 8.15pm)

An amendment to the motion from Councillor Clifford had been circulated before the meeting.

Councillor Clifford asked to move the first paragraph of the amendment he had put forward, in place of paragraph 1) of the original motion:

“1)       That the eviction notice issued to the Musicians’ Co-op on Friday 12 October will be rescinded, provided that safety critical repairs have been carried out and the validity of the Musicians’ Co-op public liability insurance has been confirmed in writing. The continued occupation of the building by the co-operative may continue under the tenancy at will until the City Council policy is approved.”

Councillor Blamire seconded the amendment, which was voted upon without debate. The amendment was lost.

A further amendment, from Councillor Devey, had been received and circulated in advance of the meeting. Councillor Devey, seconded by Councillor Brayshaw, proposed his amendment:

1)            “That the eviction notice issued to the Musicians' Co-op on Friday 12th October is rescinded as soon as:

The Musicians’ Co-op insurance company confirm that they have seen the council surveyors report and evidence is provided in writing from their insurers showing their public liability insurance is still valid on the basis of this report – or if the insurance is no longer valid at this stage, as soon as confirmation has been received by the Council that the cover has resumed, either with this insurer or another; and

the urgent 1a and 1b repairs specified in the council surveyors report have been addressed, at least on a temporary basis, which means they no longer currently fall under 1a and 1b classification.  Evidence that this has already been achieved for almost all of these issues is available in the report of a structural engineer who surveyed the premises for the Co-op on Tuesday 13 November.  This report should be submitted to the Council.  The council notes that the Musicians’ Co-op has addressed all but two of the outstanding 1a and 1b issues identified in this report produced by its structural engineer and has pledged to address these remaining issues by the end of this week. 

2)            An action plan is formulated to address the outstanding building condition report issues, with priority given to making permanent the 1a and 1b repairs mentioned in 1, and then the 1c issues – these 1c issues should be addressed within the 12 month period specified in the council surveyors report, so by 3rd July 2019.  In the meantime the Co-op should be able to continue operating from the building, and it should remain accessible to the public.  The action plan should cover how best the funds to pay for these repairs could be raised, with the council accepting responsibility for the most significant urgent structural repairs.  This acknowledges the council's position as landlord, the 'legal uncertainty' over responsibility for repairs highlighted in the officer briefing note and the many years of uncertainty that the redevelopment proposals have cast over the future of this building and the wider area.

3)            Should there be any requirement for the Co-op to move out of operational parts of the premises to allow safety critical repairs to be carried out, these repairs should be carried out as quickly as possible.  This should be avoided if at all possible.  In the event this is necessary the council will work with the Co-op to find suitable alternative premises close to Lancaster city centre should the Co-op wish to re-located on a temporary basis and only while these repairs are ongoing.  The Co-op will be able to resume operations from the Lodge Street building as soon as these repairs have been completed.

4)            The Council will offer the Co-op a long-term lease on the building. This would increase rental income to the Council, ensuring a long-term return on the Council’s investment in the structure of the building, but would still be below market rate and affordable to the Co-op in recognition of the importance of the Co-op's facilities, music and the arts to our district's economy.

Introducing his amendment, Councillor Devey said that he understood that, having seen the report that the Co-op had done the day before the meeting (13^th November), all the urgent 1a and 1b issues identified in the Council’s Structural Engineer’s report had been addressed with the exception of two of those issues, at least on a temporary basis, and that would make them good for the next twelve months.

Councillor Frea and his seconder accepted Councillor Devey’s amendment as a friendly amendment, making it the substantive motion.

Councillor Goodrich suggested that the wording be changed in paragraph 4) to read “The Council will offer the Co-op a suitable lease on the building or a suitable alternative.” This was not accepted as a friendly amendment by Councillor Frea and, with no seconder, the suggestion was not taken forward.

During debate on the motion, Councillor Caroline Jackson asked if the words “by 3^rd July 2019” could be added to the end of the first sentence in paragraph 4). This was accepted as a friendly amendment.

Speaking in debate, Councillor Hamilton-Cox informed Council that the report of the Co-op’s electrical contractor showed that all the issues raised in the condition survey had been addressed, giving the building a ‘clean bill of health’ for the electrics. An asbestos survey had been carried out; there was asbestos in the building but the recommendation was to monitor that annually. A structural survey by Thomas Consulting showed that they were not of the opinion that acrow props propping up the roof trusses was a long term solution. There was, however, insurance cover for public liability now which had been granted in the knowledge of the condition survey. He paid tribute to the directors of the Co-op, for the efforts they had put in for 33 years of safe operation, without any reportable accidents.

a vote was taken on the motion, complete with friendly amendments. The motion was carried unanimously.

Resolved unanimously:-

1)            That the eviction notice issued to the Musicians' Co-op on Friday 12th October is rescinded as soon as:

the Musicians’ Co-op insurance company confirm that they have seen the council surveyors report and evidence is provided in writing from their insurers showing their public liability insurance is still valid on the basis of this report – or if the insurance is no longer valid at this stage, as soon as confirmation has been received by the Council that the cover has resumed, either with this insurer or another; and

the urgent 1a and 1b repairs specified in the council surveyors report have been addressed, at least on a temporary basis, which means they no longer currently fall under 1a and 1b classification.  Evidence that this has already been achieved for almost all of these issues is available in the report of a structural engineer who surveyed the premises for the Co-op on Tuesday 13 November.  This report should be submitted to the Council.  The council notes that the Musicians’ Co-op has addressed all but two of the outstanding 1a and 1b issues identified in this report produced by its structural engineer and has pledged to address these remaining issues by the end of this week. 

2)            An action plan is formulated to address the outstanding building condition report issues, with priority given to making permanent the 1a and 1b repairs mentioned in 1, and then the 1c issues – these 1c issues should be addressed within the 12 month period specified in the council surveyors report, so by 3rd July 2019.  In the meantime the Co-op should be able to continue operating from the building, and it should remain accessible to the public.  The action plan should cover how best the funds to pay for these repairs could be raised, with the Council accepting responsibility for the most significant urgent structural repairs.  This acknowledges the Council's position as landlord, the 'legal uncertainty' over responsibility for repairs highlighted in the officer briefing note and the many years of uncertainty that the redevelopment proposals have cast over the future of this building and the wider area.

3)            Should there be any requirement for the Co-op to move out of operational parts of the premises to allow safety critical repairs to be carried out, these repairs should be carried out as quickly as possible.  This should be avoided if at all possible.  In the event this is necessary the Council will work with the Co-op to find suitable alternative premises close to Lancaster city centre should the Co-op wish to re-located on a temporary basis and only while these repairs are ongoing.  The Co-op will be able to resume operations from the Lodge Street building as soon as these repairs have been completed.

4)            The Council will offer the Co-op a long-term lease on the building by 3 July 2019. This would increase rental income to the Council, ensuring a long-term return on the Council’s investment in the structure of the building, but would still be below market rate and affordable to the Co-op in recognition of the importance of the Co-op's facilities, music and the arts to our district's economy.