Decision

1. 1

Rose Garden Cafe lies within Graves Park and is occupied under a Tenancy at

Will (TAW). The operators of the cafe have advised the Council that they wish

to dissolve their existing partnership and therefore a decision is required on the

future provision of this facility. The Committee considered a report of the Executive Director of Neighbourhood Services proposing to safeguard the future of this cafe by agreeing terms with a new operator at the earliest opportunity, based upon a Tenancy at Will, as per the current arrangement.

1. 2

RESOLVED UNANIMOUSLY: That the Charity Trustee Committee:-

a)    Notes the contents of this report.

b)    Considered whether the proposal within the report and the suggested recommendations are in the best interest of the Graves Park Charity

c)    and authorises the Chief Property Officer to: -

i)               engage with the two individuals named under the current tenancy to establish their individual proposals and determine what represents the best outcome for the charity.

ii)              select an operator and negotiate the best terms on behalf of the Charity for a tenancy at will and instruct the Head of Legal Services to complete any required formal documentation.

iii)            ensure that the terms negotiated meet a minimum requirement of maintaining quality of service and (or improving on if possible) established income levels to the Charity.

1. 3

Reasons for Decision

1. 3.1

The proposed tenancy will safeguard the continued operation of the café at Graves Park while the wider restoration strategy is developed and implemented. It will maintain a valuable income stream for the Charity through rental payments and contributions towards the running costs of the park, while ensuring continuity of service and avoiding the risks associated with a vacant property or disruption during the interim period. Continued occupation of the café will also enhance the attractiveness of Graves Park as a well-used community asset and ensure that the property continues to be used in furtherance of the Charity's charitable objects.

1. 4

Alternatives Considered and Rejected

1. 4.1

Do nothing: reason for rejection

Doing nothing is not considered a viable option given the current partnership situation. Action is required to safeguard cafe provision, protect the quality of the visitor experience, and maintain rental income to the Charity. This option is therefore not recommended.

1. 4.2

Offer the café to the open market

The cafe is subject to an ongoing restoration strategy being delivered by Sheffield City Council in partnership with key stakeholders. In this context, it is not considered appropriate to test the market at this stage, as this may limit flexibility during the restoration period. A competitive process would be more appropriate once the restoration works are complete. This option is therefore not recommended.