Agenda item

In accordance with the provisions of the Council’s Petition Scheme, to receive and consider the petition of the Prom Swimming Committee requesting that the Council reinstates Maldon Prom Swimming Lake and Paddle Boats (report of the Director of Customers and Community copy enclosed).

The Council considered the report of the Director of Customers and Community advising of a petition submitted by the Prom Swimming Committee calling for the reinstatement of the former Marine Lake at Promenade Park, Maldon.

Ms M Ellis, representing the Prom Swimming Committee, presented the petition and provided the Council with detailed information regarding reinstatement of the Marine Lake including:

·                 the number of signatures gathered;

·                 a history of the lake;

·                 supporting documents which had been circulated to the Council;

·                 how the change would reduce risks relating to legionella and other diseases;

·                 revenue streams which had been identified.

The Leader of the Council responded, highlighting a number of points set out in the report and how this had been brought before the Council for debate in light of the strong public interest and social medial and press coverage.  He advised Members that the Council needed to consider the implications of changing the ornamental lake and creating a swimming and boating facility at Promenade Park.  The Leader proposed that the recommendations as set out the report be agreed and this was duly seconded.

Councillor R G Boyce advised the Council that if the motion on the floow was not supported he [1]wished to move another motion to the recommendations outlined in the report and outlined the following reasons for urging the Council the reject the petition:

·                 the lake in its current format was a major ecological asset to the Council and enjoyed by upwards of half a million people a year;

·                 reinstatement of the lake would result in the creation of an artificial lake;

·                 it was not practicable to fill and empty the lake – he referred to when previously a swimming lake it had taken six or seven days to empty and refill it.

A lengthy debate ensued.  During which the Director of Customers and Community and Solicitor provided Members with information regarding the Council’s statutory duty of care under the Occupier Liability Act.  The Solicitor advised that by creating the lake this would have a greater degree of responsibility and he felt that this would be greater than its ordinary statutory duty. 

In accordance with Procedure Rule No. 13 (3) Councillor M F L Durham requested a recorded vote.  This was duly seconded.

The Chairman then put the recommendations set out in the report and the voting was as follows:

For the recommendation:

Councillors A T Cain, M F L Durham and Rev. A E J Shrimpton.

Against the recommendation:

Councillors Mrs B F Acevedo, E L Bamford, B S Beale, R G Boyce, Mrs P A Channer, R P F Dewick, I E Dobson, Mrs H E Elliot, P G L Elliott, A S Fluker, Mrs B D Harker, B E Harker, M W Helm, Miss M E Lewis, M R Pearlman, R Pratt, N R Pudney, S J Savage, Mrs N G F Shaughnessy, A K M St. Joseph, Mrs M E Thompson and Miss S White.

Abstentions:

Councillors H M Bass and M S Heard.

This motion was declared lost.

Councillor R G Boyce referred to the recommendations set out in the report and proposed that the Council agree the alternative action and [2]not take the action requested by the Petition (to reinstate Maldon Prom Swimming Lake and Paddle Boats) for the following reasons:

·              The proposal to reinstate the Maldon Swimming Lake and paddle boats would effectively require this Council to construct an artificial lake. 

·              This would mean that the Council would then fall under the Health and Safety Executive guidance managing Health and Safety in Swimming pools. 

·              Guidance suggests that a higher duty of care is required for children and young adults particularly if they are unsupervised.

·              The risk levels associated with the reinstatement of the lake are unacceptable for the public and this Council to manage.

This was duly seconded and upon a vote being taken the voting was as follows:

For the recommendation:

Councillors Mrs B F Acevedo, E L Bamford, B S Beale, R G Boyce, Mrs P A Channer, R P F Dewick, I E Dobson, Mrs H E Elliot, P G L Elliott, A S Fluker, Mrs B D Harker, B E Harker, M W Helm, Miss M E Lewis, M R Pearlman, R Pratt, N R Pudney, S J Savage, Mrs N G F Shaughnessy, Rev. A E J Shrimpton, A K M St. Joseph, Mrs M E Thompson and Miss S White.

Against the recommendation:

Councillor M S Heard.

Abstention:

Councillors H M Bass, A T Cain and M F L Durham.

RESOLVED that the Council not take the action requested by the Petition (to reinstate Maldon Prom Swimming Lake and Paddle Boats) for the follows reasons:

·              The proposal to reinstate the Maldon Swimming Lake and paddle boats would effectively require this Council to construct an artificial lake. 

·              This would mean that the Council would then fall under the Health and Safety Executive guidance managing Health and Safety in Swimming pools. 

·              Guidance suggests that a higher duty of care is required for children and young adults particularly if they are unsupervised.

·              The risk levels associated with the reinstatement of the lake are unacceptable for the public and this Council to manage.