Issue - meetings

To formally report the receipt of an e-petition submitted to the Council requesting that the Cabinet reconsiders its decision for all Beach Hut licences to be changed to leases.

RESOLVED that –

(a)    Mr. Westall be thanked for his e-petition; and

(b)    the Leisure & Public Realm Portfolio Holder’s written comments regarding the e-petition be endorsed as Cabinet’s formal response to Mr. Westall’s e-petition.

Cabinet was informed that an e-petition submitted by Dale Westall, as lead petitioner, had been received on 30 June 2023. The petition had been signed by 164 persons and stated:-

“We the undersigned petition the Council to have the Cabinet of the Council reconsider its decision that all Beach Hut licenses be changed to leases and further, we petition the Cabinet of the Council that Beach Hut Association members be shown the cost, length, and terms of the leases prior to them being put in place.”

Members were reminded that Beach Hut Licensing was an executive function and that therefore the Cabinet was the appropriate body to consider this matter.

It was reported that, in accordance with the Council’s adopted Scheme for Dealing with Petitions the receipt of this Petition had been reported, for Members’ information, to the meeting of the Full Council held on 11 July 2023. This matter had now been investigated and a report prepared and presented to the Cabinet on the basis that the Petition contained between 30 and 500 signatures.

The Deputy Chief Executive & Monitoring Officer’s written advice and assessment of the Petition was as follows:-

“It’s important to refer back to the legal requirements section of the February 2023 Cabinet Report, which confirms that in coming to decisions in relation to management of assets, the Council must act in accordance with its statutory duties and responsibilities.  Cases assessing principles of Section 120 of Local Government Act 1972 confirm that the Council is obliged to ensure that the management of its assets are for the benefit of the District.

Option for Beach Hut Agreements - The proposal in the February report was to move away from Licence Agreements to Leases from 1 April 2024.  Cabinet had the option however to maintain the status quo and continue to operate Beach Hut agreements through licences.  A licence only grants a personal right to use and occupy the site and place the hut in accordance with certain conditions (see current clause 2), it is not transferrable.  Some Beach Huts are being sold on the impression that the licence will be transferred to the new owner and this is legally not possible.  An application has to be made for a new Licence and the Council has the right to refuse, especially if the Hut is not compliant with the conditions of the former licence but in particular, (see current clause 4.11) the Council has a waiting list for our Beach Hut sites.  Licences offer less protection and permits the Council to make changes to terms and conditions, with minimum notice and providing notice to end agreements with 28 days’ notice (see current clause 4.4.2).

A lease is a legal interest and grant of a right to the exclusive possession of land for a determinable period of time.  It is important for both parties to understand the type of agreement into which they are entering.  With Beach Huts changing hands for very significant values,  ...  view the full minutes text for item 33