BOROUGH OF POOLE

SERVICE PROVISION SCRUTINY

AND AUDIT COMMITTEE

THE MEETING TO BE HELD ON TUESDAY, 13 DECEMBER 2005 AT 7.00PM

IN THE COMMITTEE SUITE, CIVIC CENTRE, POOLE

The Committee will comprise:-

Councillor Allen (Chairman)

Councillor Burden (Vice-Chairman)

Councillors Adams, Belcham, Brooke, Clements, Mrs Deas, Eades, Mrs Hives, Montrose and Pethen

* Members who have “called-in” the Decisions will be invited to attend to address the Committee (Non-voting).

AGENDA

(OPEN TO THE PUBLIC)

  1. APOLOGIES FOR ABSENCE
  1. DECLARATIONS OF INTEREST

To receive any personal or prejudicial Members’ and Officers’ interests in matters appearing on the Agenda.

  1. NEW LEASE OF SWAN LAKE CAFÉ AND NEW LEASE OF THE OLD BOATYARD FOR THE PURPOSES OF A NEW RESTAURANT

To consider the “call-in” resulting from the Cabinet decision made on 1 November 2005.

Decision taken:

That:-

the completion of an Agreement for Surrender and Re-grant of Lease for the Swan Lake Café and proposed new lease of the Old Boatyard for the purposes of a new restaurant, Poole Park, be approved on terms agreed by the Interim Head of Property Services.

Subsequently “called-in” by

Councillors Eades, Meachin, Plummer, Mrs Moore, Miss Wilson and Clements

Reasons:-

  1. No provision has been made for Competitive Tendering – how do the Council Taxpayers of Poole know Best Value has been achieved for the site?
  1. Why has the District Valuer not been asked to give an opinion on the terms of the lease?
  1. Why is the Lease granted for such a long period of time (40 years)?

4. If the Leaseholder is supposed to be sole concessionaire for providing catering services in The Park, why does the Lease contain a provision for assignment?

5. If the building is supposed to be solely a restaurant, why is there provision in the lease to allow patrons to consumer alcohol without buying a meal?

6. Why is there a one year rent free period?

7. I would like to request that the Scrutiny Committee seek means of strengthening the Council’s ability to ensure that the promised provision of an ice-skating facility is honoured. I would draw the Committee’s attention to the situation at Tower Park, where Members supported the change of use of the site to include ice skating and that has now become a bingo facility. I would like the Committee to be advised on alternatives such as a single lease for both sites or more specific restrictions on acceptable alternative uses for the Swan Lake venue.

To consider the report from Arthur Green, Acting Head of Property Services (to follow).

(A copy of the confidential report submitted to Cabinet is attached for Members’ only (for information)).

4.SALE OF LAND AT MARSHES END

To consider the “call-in” resulting from the Portfolio Holder’s decision made relating to the disposal of an area of land at Marshes End to enable the construction of a new Fire Station.

Decision taken:

That:-

Approval be given to proceed with the disposal of the site.

Subsequently “called-in” by

Councillors Eades and Clements

Reasons:-

  1. No independent valuation of the land to be sold has been circulated.
  1. Completely inadequate detail of information regarding remediation costs to be deducted from the selling price.
  1. Decision taken without being the topic being subjected to any form of discussion or debate at any meeting of the Council.

4. To seek an explanation of the system whereby prospective purchasers can demand that the decision to dispose of land is not subject to democratic call-in procedures of the Council.

5. To seek an explanation for the delay in the making of this decision from 6 October to 21 November especially if after Scrutiny 4 above does apply.

To consider the report from Arthur Green, Acting Head of Property Services (to follow).

(A copy of the confidential report which formed the background papers to the Portfolio Holder Decision is attached for Members’ only (for information)).

5.EXCLUSION OF THE PUBLIC AND PRESS

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the Meeting for the following item of business on the grounds that it may involve the likely disclosure of exempt information as defined in Part I of Schedule 12(A) of the said Act.

Tim Martin

Head of Legal & Democratic Services

5th December 2005

Contact Officer:

Gareth Broom, Democratic Support Officer

Tel: 01202 633031

Email:

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