Content

8.
 

LEASE OF LAND AT
MILLHOUSES PARK ADJOINING WAGGON AND HORSES PUBLIC HOUSE, ABBEYDALE
ROAD
 

 

8.1

The Committee considered a
report of the Executive Director, City Futures which was a revised
proposal to grant a lease of land following the originally proposed
tenant going into administration.

 

 

8.2

RESOLVED
(NOTE: The result of the vote on the resolution was
FOR - 7 Members; AGAINST – 1 Member): That the Finance
and Performance Policy Committee:
 
-      
Note the current position and endorse the granting of a lease on
the revised terms as set out in this report.
-      
Note that as the land to be disposed of is open space and that
prior to the disposal, notices advertising the same are required to
be given pursuant to section 123(2a) of the Local Government Act
1972. Committee is asked to note that should any objections be
raised pursuant to the notices a report will be brought to
committee to consider the objections.
-      
If no objections are raised, then the Committee notes that no
further meeting is required and the Chief Property will proceed
with the disposal of the land as per the revised terms set out in
this report.

 

 

8.3

Reasons for
Decision

 

 

8.3.1

Following the earlier Committee
decision, the previous tenant (TNB) has gone into administration
and the new company (TNBCo) has experienced difficult trading
conditions with increased costs from suppliers and reduced demand
due to the cost-of-living crisis. This has resulted in reduced
sales turnover and subsequently the offer of a reduced rental for
the beer garden / external trading area.

 

 

8.3.2

The offer to discontinue ice
cream sales at the kiosk would remove competition and should enable
trading levels to return to previous levels in Millhouses Park for
the ice cream concession.

 

 

8.3.3

The space within Millhouses
Park proposed for lease by TBN was an unused, low quality grassed
area within the park. The area was shaded under heavy cover from
large trees. It was separated from larger grassed areas by the path
network. The use of this piece of land has therefore not negatively
impacted on the ability of local and city residents to use the
green space for recreational activities.

 

 

8.3.4

The introduction of a second
refreshment offer within the park during the summer months adds to
the offer available to park goers and provides a further
opportunity to take on refreshments and rest whilst in the park. A
second facility provides variety to park users and those passing by
the park.
 

8.4

Alternatives
Considered and Rejected

 

 

8.4.1

Alternative Option 1: To
do nothing is not considered a realistic option as the Council is
currently not receiving rental income from the use of the land and
the occupation by TNBCo requires formalising.

 

 

8.4.2

Alternative Option 2:
Withdraw the offer of a lease and seek to take back possession of
the site. This does still remain an option for the Council. TNBCo
have threatened to bring a legal action against the Council to
recoup the costs of their investment estimated by TNBCo at circa
£165,000. There is no detail of the basis of any claim by the
new company and how it would recover money spent by the company
that is now in administration.