Agenda item

To enable the Cabinet to consider the recommendations made to it by the Resources and Services Overview & Scrutiny Committee in relation to the Environment & Public Space Portfolio Holder’s decision to give consent for an event by Frinton Summer Theatre.

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be noted and that the response of the Environment and Public Space Portfolio Holder thereto be endorsed.

It was reported that, in accordance with the decision of Council on 12 July 2022 (Minute 29 referred), the Resources and Services Overview & Scrutiny Committee (‘the Committee’) had undertaken an enquiry at its meeting held on 17 October 2022 of the following decision taken by the Portfolio Holder for Environment and Public Space on 1 April 2022:

“a)     To give consent for the use of the section of Frinton Greensward identified between 14 August 2022 and 5 September 2022 by the Frinton Summer Theatre subject to any necessary licences being obtained and conditions being adhered to; and

b)      That the details of any consents given make it clear that consent is given for this event only and that future events will be evaluated on their merits at the time.”

The Assistant Director (Building and Public Realm) had submitted a report to the Committee to support its enquiry.  That report had attached the full Portfolio Holder decision, the supporting report prepared by Officers for the Portfolio Holder, the revised application for the use of the Greensward submitted by Frinton Summer Theatre and representations received and considered by the Portfolio Holder on the proposed use.

Members of the Committee had been advised at the meeting that:

“The Council was the freehold owner of The Greensward at Frinton. That Frinton Summer Theatre, Registered Charity No: 1170429,had applied to erect a temporary tent on the Greensward in order to put on a main summer production, a secondary production and community outreach activities.  An initial application from the Theatre had been refused by Officers as the detail provided by the Theatre was limited at that stage.  Ward Councillors had been consulted on the proposal.  The applicant then submitted a revised application with greater detail.   Officers had the delegation to make a decision on the revised application.  However, following consultation, the Portfolio Holder had agreed to make the decision.

Consultation with the Ward Councillors had indicated that they remained opposed to the revised application.  The evidence in the report to the Committee, and as outlined orally by the Portfolio Holder during the meeting, had indicated that there were a number of Town Councillors and businesses in Frinton who had supported the revised application.  So had relevant Portfolio Holders at Essex County Council and the Leisure & Tourism Portfolio Holder at this District Council. 

The Portfolio Holder outlined to the Committee the extent to which he had considered matters around the revised application and had determined that the use of the Greensward was appropriate in this case. 

Upon payment of all charges by the Theatre Company, there was no residual cost to this Council arising from the authorised use of the Greensward by the Theatre Company as a consequence of the decision taken by the Portfolio Holder. 

The Committee was also made aware that there was no policy in place that managed the authorisation of usage of the District Council’s public spaces for events.”

The Portfolio Holder had further assisted the Committee with its enquiry by answering an extensive range of questions from the Committee’s members.  During the discussion, the Committee’s Chairman, and a number of other Councillors had indicated that the evidence presented had identified to them that the Portfolio Holder had considered the relevant facts and that the decision reached had appeared to be appropriate in the circumstances.

The Resources and Services Overview & Scrutiny Committee had decided to make the following recommendations to Cabinet:-

“That Cabinet -

(a)   notes that the Committee supports the intended development of the proposal for a policy in respect of authorising use of Council owned Open Spaces (including criteria and charging), and

(b)   gives serious consideration to any future requests of proposed events, which are to be held on the Frinton Greensward, as this event has had a serious and detrimental effect to Frinton’s residents, its infrastructure, and its businesses.”

In response thereto, the Environment and Public Space Portfolio Holder had submitted the following:-

“I ask that the enquiry by the Resources and Services Overview and Scrutiny Committee into my decision be welcomed.  Having considered the outcome of that enquiry by the Committee, I ask Cabinet to:

(a)    note that the Committee supports the intended development of the proposal for a policy in respect of authorising use of Council owned Open Spaces (including criteria and charging), and

(b)    record that consideration to any future requests for proposed events which are to be held on the Frinton Greensward will be given.”

Having duly considered the recommendations submitted by the Resources and Services Overview & Scrutiny Committee together with the Environment & Public Space Portfolio Holder’s response thereto:-

It was moved by Councillor Talbot, seconded by Councillor Bray and:-

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be noted and that the response of the Environment and Public Space Portfolio Holder thereto be endorsed.