Content

RESOLVED
 

That
the Executive:
 

i)       
Noted the motion approved by Council on
22nd June 2023;

 

ii)      
Agreed to receive a comprehensive business case,
including associated options appraisal and details of any agreement
between North Northamptonshire Council and Phoenix Leisure
Management as set out in Paragraph 5.13;

 

iii)    
Endorsed the agreement in principle to agree
revisions to the provisions of the lease to support the site to
remain open

 

Reasons for Recommendations: The recommendations, if agreed,
will allow Officers and the Executive time to fully consider the
implications of the Council stepping in to operate part or
all of the site, alongside a range of
other options for future operation and management of the
site.

Alternative Options Considered at this stage:
 

·      
Do nothing and let the site close as the Council
does not have direct control of it;

·      
Pursue the various litigation options available to
the Council to enforce the terms of the lease.
 

Both options would not have prevented the site from
closing on 3rd July 2023, which would have been of
detriment to users of the site, the staff employed there and to the
wider community. In addition, re-opening and mobilising an already
closed leisure facility would present a range of additional
challenges which may be avoided if the recommendations set out
above are approved.
 

The other option was for the Council to
directly fund the operator, CCS. However, doing so would likely
breach Subsidy Control restrictions and is unlikely to satisfy
value for money and other fiduciary responsibilities for the
Council, not least that it would place further pressure on the
Council’s Medium Term Financial Plan.