Decision

To approve the 3-year lease of Nadder Centre Café demise to H Crouch (operating Coffee Devils business T/A Hazzers as owner) as set out in the attached Heads of Terms, which may be subject to minor variation.

Reasons for the decision

The council has offered provision in the Nadder café demise area on three separate occasions, with a lease and service contract. All times the service has failed. The Council wishes to reinstate cafes where appropriate, and interest was received from a local supplier.

The Leisure Service has offered to agree a lease for the demise with no corresponding service contract.

The Heads of Terms have been agreed with Harry Crouch (t/a Hazzas) and appended to this, with the notable key terms:

a. rent has been agreed at £0 pa for Year 1
b. no utility costs or rates payable by the Tenant for the first year, these will be chargeable for Years 2 and 3
c. the lease length will be for a term of three years
d. there will be an option to break the lease for either party after the first
anniversary of the lease term (commencing on 6 January 2025), on three
months’ notice.

Due diligence in connection with the tenant’s identity has been undertaken and approved.

Supporting the re-opening of cafes at Leisure Centre’s and Campus sites is a big drive for the Council on its recovery from Covid, to improve customer experience and to increase footfall.

The lease will regularise a period of informal occupation by the café operator at the Nadder Centre.

The terms recognise the very limited demand from operator given the unproven trading potential of the café and will provide a period for the café operator establish their trade to deliver a café service to the Nadder Centre on flexible terms for both the Council and the Tenant.


I confirm that in making this decision I have considered the following in line with Wiltshire Council’s Constitution:

Key decision requirements:N/A

Views of relevant cabinet member(s), committee chairman, area board(s):N/A

Consultation with cabinet member(s), the Leader and Scrutiny (for Executive decisions taken under Emergency Powers):N/A

Consultation in accordance with the council’s consultation guidance and the views emanating from that process:N/A

Implication of any council policy, initiative, strategy or procedure: Supports the Councils drive to reopen cafes.

Staffing, financial and legal implications:Lease drafted and checked with Estates and Legal

The assessment of any associated risks in accordance with the Council’s risk management strategy:N/A

Involvement of appropriate statutory officers and/or corporate directors and directors:N/A

Regional or national guidance from other bodies where relevant:N/A

The council’s constitution, including the Procurement and Contract Rules (Part 10) and the Financial Regulations and Procedure Rules (Part 9), all relevant guidance, legislation, codes of practice, and protocols: Yes

Alternative options considered

The council could not let the premises/demise

Reason for rejection:
This would lead to an opportunity to improve customer experience and drive footfall at the Nadder Centre being lost.