Agenda item

To consider the report of the Director of Customers and Community, (copy enclosed).

The Council considered the report of the Director of Service Delivery, seeking Members’ approval to allow Officers to negotiate realistic income arising from the use of Promenade Park by third parties based on the existing fees and charges structure.

Members were advised that paragraph 3.1.3 of the report should read “…the maximum charge the Council can levy is…”.

The report provided background information relating to the current fees and charges for events held on the Council’s land at Promenade Park.  It was noted that the maximum charge that could be levied was £222 as defined in the agreed Fees and Charges (attached as Appendix 1 to the report).

Councillor A S Fluker proposed that the recommendations in the report be agreed subject to an amendment to recommendation (ii) to include reference to this being in conjunction with the Chairman of the Community Services Committee.  This was duly seconded.

Councillor S J Savage referred the public interest regarding this item of business and those charities not registered under the Charities Commission.  He then proposed that recommendation (iv) be amended and either deferred for further investigation or amended to increase the number of attendees to 2,500, noting that this would not apply the Maldon Mud Race who saw a larger amount of attendees.

The Chairman sought clarification of Councillor Savage’s amendment and in response Councillor Savage clarified that his proposal was, that where a charity registered with the Charity Commission, FCA or Mutual Society Act 1952[1] their registered address within the District Boundary requests to hold an event with less than 2,500 attendees the Director of Service Delivery in conjunction with the Chairman of Community Services Committee be authorised to negotiate a discount for use.  This proposal was duly seconded.

The Director of Service Delivery informed Members that the proposed change was to look at cost recovery following such events and not create additional income.

A debate ensued, during which some Members offered their support both for and against the amendment.

Councillor Savage provided some further clarification regarding the Mutual Society Act 1972 which issued bona fide certificates on the same grounds as the Charities Commission.  Following further discussion Councillor Savage amended his proposal to read “…that where a bona fide charity is registered with the Charity Commission…”.  This amendment was duly seconded. 

The Chairman then put the amendment to recommendation (iv) in the name of Councillor Savage and upon a vote being taken this was duly agreed.

The Leader of the Council reminded Members of his proposed amendment to recommendation (ii) and then proposed that recommendations (i) to (iii) with this amendment be agreed.  This proposal was duly seconded and agreed.

RESOLVED

(i)              that Members approve the insertion of the word ‘minimum’ before any fee and charge relating to use of land and equipment at Promenade Park (excluding car parking, sports pitches, memorial benches, Splash Park single use tickets and Beach Hut daily charges);

(ii)            that the Director of Service Delivery in conjunction with the Chairman of the Community Services Committee is given authority to negotiate an improved financial position whenever possible from users of facilities arising from a fee or charge;

(iii)          that the charitable concession ‘free’ status be deleted from existing fees and charges and all concessions including charity and community groups be charged accordingly;

(iv)           that where a bona fide charity is registered with the Charity Commission, FCA or Mutual Society Act 1962 with their registered address within the District Boundary requests to hold an event with less than 2,500 attendees the Director of Service Delivery in conjunction with the Chairman of Community Services Committee be authorised to negotiate a discount for use.  Any discount given must ensure that full cost recovery remains for any staff time required for preparation, delivery and remediation of any event.