Issue - meetings

Please be advised that the Chair of Overview and Scrutiny has further agreed that the call-in procedure shall not apply to this urgent decision. This is because the decision is urgent and any delay in implementation caused by the call-in procedure would seriously prejudice the Council's or the public's interests due to the fact that this is a National emergency and the Council must ensure that it does not hinder Fusion’s ability to carry on trading and restructure their business, the Chair of Overview and Scrutiny Committee has agreed that the decision is both reasonable in all circumstances, and that it should be treated as a matter of urgency. This is in accordance with Part 4, Section H, and Paragraph 18 (a) and (b) of the Council Constitution.

The Cabinet Member for Corporate and Civic Services considered a report which set out the case for not agreeing to a request made by Fusion to enter into a Sharing Agreement with NatWest bank so that its security could be on an equal basis with that of the Council at New River.  Although not agreeing to the request may have implications for Fusion, it was decided that on balance, the Council needed to protect its financial interest in the New River Sports Ground.

The Cabinet Member RESOLVED that the Council would not agree to Fusion’s request to allow NatWest to take a security against the New River Lease.

Reasons for decision

The market and financial models for local authority leisure provision have been severely impacted by the Covid-19 pandemic. The Council has a favourable contract with Fusion and whilst performance was reducing prior to lockdown the current restart of the operation provides an opportunity to reset and start afresh.

The Council would not normally agree to Fusion’s request for the Council to share its security against the New River Lease.

As a result of the Council’s decision Fusion may then choose to hand back the New River lease.

If Fusion do hand back the New River Lease a report setting out the options available to the Council will be presented to members within the next 8 weeks.

It is anticipated, at this time, that additional resources may be required under any proposed new operating model.

Alternative options considered

An alternative option would be for the Council to agree to the Shared Security arrangement proposed by Fusion.