Agenda, decisions and minutes

            The Chairman welcomed Councillors, Officers and members of the press and public to the meeting.

            An Apology for Absence had been received from Councillor Wensley [Deputy Leader of the Council and Cabinet Member for Corporate Governance].

Members and officers are invited to make any declarations of pecuniary, personal and/or prejudicial interests that they may have in relation to items on the agenda, and are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent.

Members and officers should make their declaration by stating:

a) the item they have the interest in

b) whether it is a pecuniary, personal and/or prejudicial interest

c) the nature of the interest

d) if it is a pecuniary or prejudicial interest, whether they will be exercising their right to speak under Question Time

There were no Declarations of Interest made.

a) Questions from the public (for a period of up to 15 minutes).

b) Questions from Members with prejudicial interests (for a period of up to 15

minutes).

The Chairman confirmed that no public questions had been received.

The Cabinet is requested to consider this urgent matter.  The report will be circulated separately  to this agenda.

               In October 2018 Cabinet authorised Officers to seek conditional offers for a lease of the whole Look & Sea Centre building for café/restaurant/bar (A3) use.  The site has been marketed and an offer has been received for A3 use on the ground floor only.

               It is therefore proposed that Cabinet supports the Look & Sea Centre building being leased on the revised basis that the ground floor remains in A3 use and provide a Lessee flexibility to find appropriate commercial uses of the upper floors, subject to planning.

               This report is being presented as a matter of urgency for decision by Cabinet because the offer made is the only realistic chance of securing a Lessee that will operate the café/restaurant during the 2019 Summer season.  The Chairman of the Overview Select Committee, Councillor Dingemans, has been consulted on the proposals and has given his agreement.

               As this is being dealt with as an urgent matter, the usual arrangements requiring this item to be published with five clear days’ notice and the call-in arrangements will not apply [See Part 3 – Responsibility for Functions, Rule 2.3 and Part 5 – Cabinet Meeting Procedure Rules, Rule 3.2 of the Constitution].        

The Cabinet

            RESOLVED – That

(1)          It be agreed that the Look & Sea Centre building can be leased on the revised basis that the ground floor remains in A3 use but providing the Lessee flexibility to find appropriate commercial uses of the upper floors, subject to planning and other approvals; and

(2)          Other than the above, the original decisions, including Officer delegations within Cabinet Decision C/020/151018 made on 15 October 2018 to remain operative.

The Cabinet then confirmed its decision as per Decision Notice C/052/110419), a copy of which is attached to the signed copy of the Minutes.

            The Chairman confirmed that there was an urgent item to consider and she invited the Cabinet Member for Technical Services, Councillor Haymes, to present this report.  He stated that prior to closure, the Look & Sea Centre had been an important and popular destination in its own right.  Following decisions made by Cabinet at its meeting held on 15 October 2018, a lease had been advertised for A3 (café/restaurant/bar) use for the whole of the building.

            Councillor Haymes confirmed that the Council had received offers that included A3 use of the ground floor but these indicated that there was not a market for A3 use of the upper floors at the present time.  It was therefore proposed that Cabinet be asked to agree to amend the delegations to Officers to negotiate heads of terms and enter into a lease on the revised basis that the ground floor remained in A3 use providing a Lessee flexibility to find appropriate commercial uses of the upper floors, subject to planning and other approvals.

            Councillor Haymes announced that this report was being presented as a matter of urgency as it was only a decision by Cabinet today that would allow flexibility relating to the upper floors that would enable any realistic chance of securing a Lessee that would operate the café/restaurant at the Look & Sea during the 2019 summer season.  Councillor Haymes stated that this was something that he would like to see happen.

            As this item was being dealt with as an urgent matter, the usual arrangements requiring it to be published with five clear days’ notice and the call-in arrangements did not apply as set out in the Council’s Constitution at Part 3 – Responsibility for Functions, Rule 2.3 and Part 5 – Cabinet Meeting Procedure Rules, Rule 3.2.  The Chairman of the Overview Select Committee, Councillor Dingemans, had been consulted on the proposals and had given his agreement.

            The Group Head of Technical Services was then invited to provide his input to the report.  He confirmed that it was good news in that the site had been marketed by the Council’s appointed Agents since February 2019 and that offers had been submitted for A3 use of the ground floor, with one of the offers including access for customers to the viewing platforms.  The delegations approved by Cabinet back in October 2018, envisaged an A3 use of the whole building.  The bids received fell outside of this requirement.  It was therefore necessary to seek Cabinet’s approval that the lease arrangements for the Look & Sea could be revised on the basis that the ground floor remained in A3 use allowing a Lessee flexibility to find appropriate commercial uses for the upper floors, subject to planning and other approvals. Without Cabinet’s approval to adjust its decision made in October 2018, there would be no realistic chance of securing a Lessee that could operate the café/restaurant for the 2019 summer season. Obtaining Cabinet approval would allow negotiations to commence to obtain the best  ...  view the full minutes text for item 504.

To approve as a correct record the Minutes of the Cabinet meeting held on 4 March 2019.

            The Minutes of the meeting held on 4 March 2019 were approved by the Cabinet as a correct record and signed by the Chairman.

To consider any reports from the Head of Corporate Support.

There was no item for this meeting.

West Sussex County Council has granted Arun District Council authority to discharge its powers to serve notices under Section 41 of the Local Government (Miscellaneous Provisions) Act 1982 for the period 19 March 2019 to 31 March 2020 or an earlier revocation date.  The Order confirms the powers may only be exercised in relation to land designated as highway land and located in the Town Centre of Bognor Regis. 

This report seeks Cabinet’s agreement to accepting the terms of the authority granted and approving the delegation of these powers to the relevant officers for the period of the Order.

              Please note that this report will be circulated separately to the agenda.

The Cabinet then

                        RESOLVED - That

(1)          The authority to act on behalf of West Sussex County Council, as defined in the Order dated 19 March 2019, to serve notices under Section 41 of the Local Government (Miscellaneous Provisions) Act 1982 until 31 March 2020 or until revoked earlier by the County Council in relation to land designated as highway land and located in the Town Centre of Bognor Regis be accepted; and

(2)          The Group Head of Community Wellbeing, the Community Manager and the Senior Anti-Social Behaviour Caseworker be given authority to exercise the powers granted by West Sussex County Council by Order made on 19 March 2019 to serve notices under Section 41 of the Local Government (Miscellaneous Provisions) ACT 1982 in relation to land designated as highways land and located in the town centre of Bognor Regis and shall be limited to those areas of highway land in Bognor Regis Town Centre in London road precinct, Bedford Street, London Road and the High Street as confirmed within the Order until 31 March 2020 or until revoked earlier by the County Council. 

            The Cabinet then confirmed its decision as per Decision Notice C/053/040319), a copy of which is attached to the signed copy of the Minutes.

            The Cabinet Member for Community Wellbeing, Councillor Clayden,  introduced this item stating this report was seeking the Cabinet’s approval to formalise delegation of powers from West Sussex County Council allowing Arun Officers to respond to matters relating to rough sleeping in Bognor Regis Town Centre.

The Chairman then invited the Group Head of Community Wellbeing to provide further input.  He confirmed that this authority provided Arun Officers with the tools that were missing to deal with such matters as they related to highway matters and would be used to deal with those individuals who refused to engage with Officers in various locations surrounding the centre of Bognor Regis. 

The Cabinet Member for Residential Services, Councillor Bence, supported the recommendations stating that the authority granted from WSCC would massively assist the anti-social behaviour problems that were increasing in certain parts of Bognor Regis relating to rough sleeping and homelessness.  He thanked the Council’s anti-social behaviour team for their hard work and engagement with numerous groups and charities in dealing with roughs sleepers camping down on pavements and on roads.  Thanks were also extended to WSCC’s Legal Department for acting so quickly to get these terms of agreement in place to deal with the matter and for street cleansing to then be able to take place.

The Cabinet Member for Planning, Councillor Charles, asked if there were plans to roll this agreement out to other areas in the District as there were also rough sleeping hot spots elsewhere in Arun.

The Cabinet then

            RESOLVED - That

(1)          The authority to act on behalf of West Sussex County Council, as defined in the Order dated 19 March 2019, to serve notices under Section 41 of the Local Government (Miscellaneous Provisions) Act 1982 until 31 March 2020 or until revoked earlier by the County Council in relation to land designated as highway land and located in the Town Centre of Bognor Regis be accepted; and

(2)          The Group Head of Community Wellbeing, the Community Manager and the Senior Anti-Social Behaviour Caseworker be given authority to exercise the powers granted by West Sussex County Council by Order made on 19 March 2019 to serve notices under Section 41 of the Local Government (Miscellaneous Provisions) ACT 1982 in relation to land designated as highways land and located in the town centre of Bognor Regis and shall be limited to those areas of highway land in Bognor Regis Town Centre in London road precinct, Bedford Street, London Road and the High Street as confirmed within the Order until 31 March 2020 or until revoked earlier by the County Council. 

The Cabinet then confirmed its decision as per Decision Notice C/053/110419), a copy of which is attached to the signed copy of the Minutes.