Decision

1. 1

The Committee considered a report of the Executive Director of Neighbourhood Services seeking approval for a short-term licence to allow Weston Park's existing mobile catering operator, Motore Café, to continue trading within the park on revised terms.

1. 2

RESOLVED UNANIMOUSLY: That the Charity Trustee Committee:-

(a)  Notes the contents of this report.

(b)  Considered whether granting a short-term mobile catering licence within the park is?in the best interest of the?Weston Park Charity.

(c)  Subject to being satisfied that the proposal supports the Charity’s objects and represents the best outcome for the Charity, approves the licence agreement with Motore Café as described in closed appendix 2.

(d)  Delegates authority to officers to finalise the terms of the agreement.

1. 3

Reasons for Decision

1. 3.1

The proposed decision enables the Charity Trustee Committee to regularise and approve a short-term mobile catering licence within Weston Park, having considered whether the arrangement is in the best interests of the Weston Park Charity and supports its charitable objects.

1. 3.2

The continuation of the mobile catering provision supports the use and enjoyment of the park by providing an accessible refreshment offer for visitors, enhancing the overall visitor experience and contributing to the recreational purpose of the charity.

1. 3.3

Approving the revised short-term licence provides continuity of service, reduces the risk of vacancy or interruption to the visitor offer, and protects an income stream for the charity while allowing time for any longer-term options to be considered in a planned and transparent way.

1. 3.4

The Committee has considered the operator's track record, the role the concession plays in supporting the visitor experience and the commercial terms proposed. Officers are satisfied that the revised terms represent an appropriate arrangement for the charity and that continuing with the existing operator on a short-term basis represents the best outcome reasonably available at this time.

1. 3.5

The proposed arrangement reflects the current commercial context and seeks to balance the need to secure appropriate value for the charity with the practical need to maintain a viable on-site provision. The alternative options were not recommended because they would create a higher risk of vacancy, loss of income and reduced benefit to park users.

1. 3.6

For these reasons, and subject to the Committee being satisfied that the proposed terms represent the best outcome reasonably available for the charity at this time, the approval of the short-term licence is considered to be a proportionate and appropriate decision.

1. 4

Alternatives Considered and Rejected

1. 4.1

Alternative Option – Terminate agreement and undertake an immediate market exercise

The Council could seek to terminate or not continue the current arrangement and undertake an open market exercise at this stage. Whilst this may identify alternative operators, there is no certainty that a better commercial or operational outcome would be achieved for the charity. The existing operator has an established track record at the site, has demonstrated reliability and has developed a service which is well used by visitors.

An immediate market exercise would also create a risk of interruption to service provision and associated loss of income whilst any procurement and mobilisation process is undertaken. The recommended short-term arrangement allows the charity to retain a proven operator and maintain continuity of service and income whilst providing time to consider longer term arrangements in a planned and transparent manner.

This option has therefore not been recommended.