Agenda and draft minutes

66/22 – APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTES:

An apology for absence had been received from Councillor Tim Myatt.

(5.32 pm)

Members to advise of any declarations of interest.

67/22 – DECLARATIONS OF INTEREST: Councillor Stan Lumley declared an interest in Minute 70/22 on the basis that he was the Chair of the Board of Brimhams Active.  Councillor Sam Gibbs also declared that he was a member of the Board of Brimhams Active.  Both Councillors left the meeting room during consideration of the item and did not take part in the debate and vote thereon.

(5.33 pm)

of the meeting of 1 February 2023.

68/22 – MINUTES: The Minutes of the meeting of the Cabinet held on 1 February 2023 were unanimously approved as a correct record.

(5.33 pm)

To determine whether to exclude the press and public during the consideration of any exempt information items.

69/22 – EXEMPT INFORMATION: The appendices to the report at Minute 71/22 were considered to be exempt under paragraph 3 of Schedule 12a to the Local Government Act 1972.  Discussion on the items took place in open session.

(5.33 pm)

The Head of Legal and Governance to submit a written report.

70/22 – TRANSFER OF BOROUGH COUNCIL OWNED COMPANIES TO

   NYC: The Head of Legal and Governance (HoLG) submitted a written report that sought authorisation for various actions relating to the transfer of Council owned companies to the new unitary authority as part of the process of local government reorganisation. Appendix A to the report contained the revised Schedule 3 – Reserved Matters relating to the Bracewell Home’s Shareholder Agreement.

The report referred to the two wholly owned companies owned by Harrogate Borough Council, those being Bracewell Homes Ltd and Brimhams Active Ltd. As part of Local Government Reorganisation a number of steps were required to transfer ownership of such companies to the new North Yorkshire Council.  Ownership of shares and membership rights would need to be transferred in accordance with company law procedure to ensure they could continue to operate and provide their services to the Council and public. Action was required to execute the necessary documents to transfer the companies prior to 1 April 2023. As North Yorkshire Council would not exist until 1 April 2023, it was necessary for North Yorkshire County Council to enter into certain agreements relating to the transfers with the Districts and Boroughs which would then transfer the rights in the companies on 1 April 2023 to the North Yorkshire Council.

In introducing the report the Head of Legal and Governance advised that an additional recommendation was required in relation to varying the Brimhams Active Ltd’s Articles of Association.

RESOLVED (UNANIMOUSLY):

That   (1) the transfer of shares and/or interests in Harrogate Borough Council owned companies to the new unitary authority, being the North Yorkshire Council, be approved;

(2) authority be delegated to the Head of Legal and Governance to take the necessary steps required to transfer the companies including entering into any documents on behalf of the Council that are required to transfer the companies to the new authority;

(3) authority be delegated to the Head of Legal and Governance to accept the resignations of those company directors tendered before 31 March 2023 and to appoint and dismiss such other company directors as advised in writing to the Head of Legal and Governance by North Yorkshire County Council;

(4) authority be delegated to the Head of Legal and Governance to approve and enter into any variations required to Bracewell Homes Limited’s Shareholder

Agreement to ensure the company can continue to operate effectively under the new authority; and

(5) authority be delegated to the Head of Legal and Governance to agree amendments to the Brimhams Active Ltd’s Articles of Association at Article 2.1 to replace Harrogate Borough Council with North Yorkshire Council with effect from 1 April 2023.

Reason for decision:

To enable the transfer of functions, property, rights and liabilities to the new unitary authority in accordance with the terms of the North Yorkshire (Structural Changes) Order 2022.

Alternative option considered and recommended for rejection:

To not authorise the formalities for transferring ownership and changes in directors. This option was not recommended, not least  ...  view the full minutes text for item 70.

The Destination Events Manager to submit a written report.

71/22 – PROPOSED EVENTS PROGRAMME 2023/24 AND 2024/25: The Destination Events Manager submitted a written report that reflected on the success of the 2022/23 Events programme and outlined the programme for 2023/24 and 2024/25, funded through the major Events Reserve.

The report explained that a vibrant Events Calendar was an essential component of a thriving visitor economy and the programme delivered by Events Harrogate was an essential part of attracting visitors to the District throughout the year. The programme built on the successful events delivered during 2022/23 and would continue to promote the Harrogate District as an Event Destination through to 2024/25. Paragraph 5.3 listed some of the key events that had taken place in 2022/23. Exempt Appendix A provided a detailed financial breakdown of the proposed Event programme and exempt Appendices B and C contained the full programme details and costings of the event schedule.

RESOLVED (UNANIMOUSLY):

That   (1) the proposals for the detailed programme of events during 2023/24 and 2024/25 be approved;

(2) the use of the Events Reserve for delivery of the 2023/24 programme of Events and support in principle the detailed programme of events for 2024/25 subject to funding being available be approved; and

(3) the intended benefit of the Parks and Environmental Services (PES) commercial events programme that will help to offset the cost of providing low cost or free community events to the public that will encourage use of our parks and drive economic growth for the Harrogate District be noted.

Reasons for decision:

A vibrant Events Calendar is an essential component of a thriving visitor economy, and the programme delivered by Events Harrogate is an essential part of attracting visitors to our District throughout the year.

Our programme is intended to build on the successful events delivered during 2022/23 and to continue to promote the Harrogate District as an

Event Destination.

The Harrogate District has a significant number of events delivered by a number of partners, so it is important that we work cohesively with key partners in order to maximise the benefits for the district.

Events require planning many months in advance and, in order to ensure continuity, value for money, allocation of resources and to commence early planning, we are asking cabinet to approve a two year events programme.

The opening balance of the Events reserve for 23/24 will be approximately

£235k with a further commitment of £185k committed to the reserve for

2023/24. This gives an operating balance of £420k. A further commitment of £185k is identified for 2024/25, which is subject to budget approval. The purpose of this report is to seek approval on the proposed spend of that fund. Appendix A provides a detailed financial breakdown of the proposed

Event programme.

Alternative options considered and recommended for rejection:

To not deliver our Events programme for 2023/24 and 2024/25. This is recommended for rejection as Events do and should continue to play a key role in sustaining and growing our Visitor economy.

To not deliver a coordinated programme of  ...  view the full minutes text for item 71.