DELEGATED POWERS REPORT NO. 370 (VAL/DP/27/07)

Transcription

1 DELEGATED POWERS REPORT NO. 370 (VAL/DP/27/07) Licence for Barnet Horse Fair Greengates, Mays Lane, Barnet, EN5 2AQ Control sheet The following MUST be completed at each stage of the process All reports 1. Democratic Services receive draft report Name of DSO Janet Rawlings 30/08/t Democratic Services cleared draft report as Name of DSO Janet Rawlings being constitutionally appropriate 30/08/ Finance clearance obtained from (report author Name of Fin. officer Sue Templeman to complete) 31/08/ Staff and other resources issues clearance Name of Res. officer Siobhan O Donoghue obtained from (report author to complete) 30/08/ Legal clearance obtained from (report author to Name of Legal officer Tobenna Erojikwe complete) 31/08/ CPO clearance obtained from (report author to Name of CPO officer Andrew Nathan complete) 31/08/ The above process has been checked and Name Nick Walkley verified by Chief Officer or his/her Deputy 30/08/2007 (report author to complete) 8. Report, containing scanned signature of Name of DSO Katy Lam Cabinet Member or Chief Officer, & date, 4/9/07 received by Democratic Services for publishing 9. Report published by Dem Services to website Name of DSO Katy Lam 4/9/ Officer reports (Exec. Function) and all Council Name of DSO Katy Lam function reports: Head of Service informed report can be implemented. 4/9/07 Cabinet Member reports only also complete the following steps All other reports for further steps go to 19 below 11. Expiry of call-in period 12. Report circulated for call-in purposes to COSC Name of DSO members & copied to Cabinet & Head of Service 13. Report called in? Y/N 14. Reports not called in: Head of Service informed Name of DSO report can be implemented (Now go to step 19) Reports called in, complete following steps: 15. Information passed to Head of Service and Name of DSO DSO for COSC 16. Report listed for COSC meeting on 17. Head of Service informed report referred back Ref/Imp (Ref), or can be implemented (Imp) 18. Reports exempted from call-in: PDSO informed for report to Council. reported to Council 19. All reports: referred to OSC Manager; 20. Referred to OSC Name of DSO Council meeting Name of DSO Meeting

2 ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER IN CONSULTATION WITH CABINET MEMBER(S) (EXECUTIVE FUNCTION) Subject Licence for Barnet Horse Fair Greengates, Mays Lane, Barnet, EN5 2AQ Officer taking decision Executive Director for Resources Cabinet Member(s) The Leader and Cabinet Member for Resources of decision 31 August 2007 Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) To report the terms agreed for the tri-party licence agreement between the Council, the Council s tenant Mr Keith Butterworth, and the appointed organiser, Mr Alan Stubbings for the purpose of permitting the Barnet Horse Fair Siobhan O Donoghue, Principal Valuer, Property Services & Valuation Public Arkley N/A N/A Contact for further information: Siobhan O Donoghue, Property Services Serial No. 370 (VAL/DP/27/07)

3 1. RELEVANT PREVIOUS DECISIONS 1.1 Economic Development and Land Executive Committee November 1998 approved the grant of a licence to Mr Butterworth to hold the Barnet Horse Fair. 1.2 Delegated Powers Report dated 24 August 2000 reported the terms agreed for a licence agreement to Mr Butterworth to hold the Barnet Horse Fair. 1.3 Officer Delegated Powers Report in consultation with Cabinet Member dated 8 October 2003 Grant of licence to hold Barnet Horse Fair Officer Delegated Powers Report in consultation with Cabinet Member - Grant of licence to hold Barnet Horse Fair CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 2.1 The Corporate Plan commits the Council to a cross cutting priority of More Choice, Better Value. The report does this by achieving a licence fee for this annual event. 3. RISK MANAGEMENT ISSUES 3.1 The lease requires the Council to give consent to the tenant, which is not to be unreasonably withheld for any proposals to underlet the premises. If the Council unreasonably refuses or delays consent, an underletting could proceed without authority which could increase costs to the Council. 3.2 Due to the sensitivity of the Barnet Horse Fair and the regulations which need to be adhered to, it is necessary for the Council to engage in the support of both the Police Service, RSPCA, Corporation of London and the Department for Environment Food and Rural Affairs (DEFRA). Obligations will be placed upon the licensee to consult with these organisations to ensure the event continues to be safe. 3.3 The licensee has a responsibility to re-instate the site to the complete satisfaction of the Council within 4 weeks of the termination of the agreement. 3.4 Should any of the terms of the licence be breached the Council may seriously reconsider the grant of any equivalent licence in future years. 4. EQUALITIES AND DIVERSITY ISSUES 4.1 Barnet Council is committed to improving the quality of life and wider participation for all in the economic, educational, cultural, social and community life of the Borough. This proposal does this by offering a location for the Barnet Horse Fair which is of local historical significance. 5. FINANCIAL, STAFFING, ICT AND PROPERTY IMPLICATIONS 5.1 The licensee has agreed to pay the Council s fees and costs of 1,000 in connection with the licence agreement.

4 5.2 There are no ICT or staffing issues. The property implications are set out below. The financial issues are set out in 8.4 below. 6. LEGAL ISSUES 6.1 None. 7. CONSTITUTIONAL POWERS Part 3 Responsibility for Functions 7.1 Chief Officers can take decisions in consultation with the Cabinet Member concerned, amongst other things, to discharge the duties allocated to them or dealt with by their staff, except for matters specifically reserved to Executive Members, Cabinet meeting, Cabinet Committees, Committees or Council...in all matters where they have managerial or professional authority... (para 6.1). 7.2 See link below: /responsibility-functions.pdf The Executive Director for Resources in consultation with the Chief Finance Officer and Head of Legal has power to make decisions about various issues (see link above) including Occupational and Works Licences 8. BACKGROUND INFORMATION 8.1 Mr Keith Butterworth, the tenant of Greengates, currently holds an annual tenancy for this agricultural holding. The tenancy was granted for an area of 10.5 acres which included land and buildings for the purpose of agricultural use. The lease currently permits that the demised premises should be used solely for the purpose of grazing animals and growing crops. The tenant is not permitted to assign or underlet the premises without receiving Landlord s consent. 8.2 Since 1989, the tenant has sought consent from the Council to hold the Barnet Horse Fair. The Council, as landlords have granted consent subject to a number of conditions 8.3 However, this year, although consent is still being sought for the Horse Fair to take place at Greengages, the tenant, Mr Butterworth has nominated Mr Alan Stubbings as the organiser of the event, subject to consent from the Council. All contractual obligations under the Licence agreement will therefore be with Mr Alan Stubbings, who is therefore referred to as the Licensee. 8.4 The Council has agreed to permit the Barnet Horse Fair, subject to the following terms and conditions: (1) The Barnet Horse Fair will take place on 4, 5, 6 September 2007 (inclusive) and the licence will be applicable to these three dates only. It is agreed that the Council s consent will only apply to the Barnet Horse fair which will take place in 2007 and the Council is not able to confirm if any further permissions will be granted for any proposed future Horse Fairs.

5 (2) A one-off fee of 1,000 (One thousand pounds) will be paid as a single lump sum upon the grant of the licence and will be inclusive of surveyor's fees. This is a one-off figure calculated because of the specific circumstances of the 2007 Barnet Horse Fair. (3) Any expenses incurred by the council relating to the monitoring the event will be refunded. This includes enforcing any regulations and bye laws including Health & Safety, Traffic Control and the Veterinary Services of the Corporation of London. (4) Licensee has an obligation not to damage to any aspect of the site other than fair wear and tear. He will also be responsible for the re-instatement of the holding to the reasonable discretion of the tenant, Mr Butterwoth within 4 weeks of the termination of the agreement. Failure to fully re-instate the holding within 4 weeks of the termination date will incur a penalty payment of 50 per week or part week until the licensor is fully satisfied with the re-instatement works. (5) All necessary steps are to be taken to ensure that the boundaries of the field used for the fair are secure, and that traders and their stock cannot trespass onto adjoining fields. (6) All reasonable measures will be taken to include, the laying of sufficient hogging and other such material prior to the commencement of the fair to prevent mud being transferred from the field to the highway via the wheels of the vehicles on site. (7) The Licensee is required to liase with the Metropolitan Police Service and generally to take their advice on final arrangements for the fair, in particular, with regards to the parking of vehicles and the enforcement of animal welfare legislation and the legislation regulating the sale and transportation of animals. (8) The sale of horses with a valid horse passport is permitted, subject to normal animal welfare regulation, as an integral part of the horse fair. The sale of all other animals is absolutely prohibited. The licensee must at all times use his best endeavours to prevent other users of the site from selling all animals other than horses. Any person found to be selling any animals other than horses will be asked to leave the event. (9) Animal Health Inspectors will check that all horses attending the event hold valid Horse Passports. Adequate arrangements will need to be made to ensure that all horses and vehicles attending the event do not block the highway whilst such checks are carried out. The licensee, and/or his representative must use their best endeavours to assist the Animal Health Inspectors in recording the following information from all horse traders attending the event: a) The registration number of all vehicles transporting horses to the horse fair b) The passport issuing authority c) The serial number on the horse passport. (10) Should any horse attending the event be found not to hold a valid horse passport they must not be sold at the event and must be segregated from all other horses. The licensee must provide the owners of all such horses with information stating that the sale of horses without a valid horse passport is

6 prohibited prior to being allowed entry to the event. Such information will be provided to the council. (11) The Licensee has been provided with copies of all relevant legislation and has agreed to abide by all lawful animal welfare legislation and all legislation relating to the sale and transportation of animals. The licensee must give his full cooperation to the officers of the Council, the Police Service, the RSPCA, DEFRA and the Corporation of London and ensure that they are completely satisfied as to the arrangements for all animals attending the event. An equine vet must be made aware of the dates of the event and should be on call in the event of an emergency. (12) The licensee must ensure that Health and Safety Legislation is fully complied with at all times and must take all reasonable precautions to protect the health and safety of visitors to the event. Areas in which horses are to be ridden must be cordoned off from the remainder of the site using suitable barriers. The licensee must provide the Council with evidence of public indemnity insurance cover to a minimum value of 2,000,000 prior to the grant of the licence. (13) In holding the Barnet horse fair, the licensee is to use his best endeavours to prevent any undesirable groups or individuals from attending the event, especially any caravans who might not leave immediately when the event finishes. (14) Caravans will be permitted to stay on the land overnight if they are legitimately linked with the sideshows and ancillary sale of refreshments and other wares, which are a traditional part of the event, or are visitors bringing horses, which will require tending overnight. (15) The licensee is to make adequate provision for the proper disposal of refuse on the site within a reasonable time. The licensee is required to provide a designated area for the cleaning of animal transportation vehicles, and will provide all necessary equipment for such cleaning, including a minimum of 2 standard-sized skips, as well as sufficient supplies of shovels, brushes and heavy duty waste bags. (16) The licensee has a responsibility to provide the licensor with a list of all food outlets due to attend the fair, to be inclusive of details of the local authority with which they are registered. This information is required prior to the event in order that all relevant checks may be made. (17) The licensee must provide suitable toilet and hand washing facilities for all users of the site. (18) The licensee is to undertake the arrangements entirely at his own risk and cost, and will indemnify the licensor and keep the licensor indemnified against all reasonably and properly incurred losses, claims, demands, actions, proceedings, damages, costs or expenses or other liabilities arising in any way from this agreement or any breach of any of the licensee s obligations in this agreement. (19) The licensee is to arrange for any net surplus income from the event to be invested in the holding.

7 (20) The licensee is to provide all stall holders and horse traders who attend the event with a list of terms and conditions that apply to the event. Such information will be provided by the licensor for display and/or distribution as necessary. (21) The licensee will use his best endeavours to manage and, if necessary, eject stall holders and traders who blatantly flout the rules of the event including, but not limited to, anyone found selling animals other than horses; those involved in excessive whipping and goading of horses; and those involved in the reckless driving of horses. (22) The discharging of firearms of any type is absolutely prohibited during the dates on which the Horse Fair is held. 9. LIST OF BACKGROUND PAPERS 9.1 None. 10. CONSULTATION WITH CABINET MEMBER(S) 10.1 The Leader and Cabinet Member for Resources has been consulted and agreed the action proposed. 11. OFFICER S DECISION I authorise the following action 11.1 That subject to the completion of all necessary legal and other documentation, a licence be granted to Mr Stubbings upon the terms set out in this report. Signed Nick Walkley Executive Director for Resources 31 August 2007