Agenda and minutes

Members are asked to declare any interests in the items under consideration and in doing so state:

(1) the type of interest concerned either a

(a)   personal interest

(b)   prejudicial interest

(c)    disclosable pecuniary interest (DPI)

and

(2) the nature of the interest concerned

If any member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

There were no declarations of interest on this occasion.

The Shareholder Committee agreed that under Section 100A of the Local Government Act 1972, the public be excluded from the meeting during consideration of Item 3 ‘Minutes of the last meeting held on 17 June 2022’ (restricted minutes only), Item 4 ‘Shareholder Committee Action Tracker’, Item 5 ‘Shareholder Update’, Item 6 ‘Wholly-Owned Company Financial Performance as at Month 2 2022/23’ and Item 7 ‘Sandcastle Waterpark – Managing Agent Appointment’ on the grounds that they would involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act.

To agree the minutes of the last meeting held on 17 June 2022 as a true and correct record.

(This item contains commercially sensitive information which is exempt from publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

The Committee considered the minutes of the last meeting held on the 17 June 2022, noting that there was a public and a restricted version of the minutes.

It was noted that in ‘Item 6 Wholly-Owned Company Financial Performance as at Month 1 2022/23’ within the Shareholder Committee decision text the word ‘fail’ required replacing with the word ‘fall’ as set out in the original report.

The Committee agreed that the minutes of the meeting be signed by the Chair as a true and correct record subject to the amendment outlined.

To consider the potential two-phase appointment of a Managing Agent (phase 1) and Operator (phase 2) for the Sandcastle Waterpark, as set out in this report, and following a Corporate Procurement exercise.

(This item contains commercially sensitive information which is exempt from publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

(The press and public were excluded prior to the consideration of this item as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

Mr Alan Cavill, Director of Communications and Regeneration presented the report to the Committee and Members discussed in detail the options available to the Shareholder, noting that the Blackpool Operating Company Limited Board had approved the recommendation to appoint the preferred bidder as Managing Agent.

Mr Cavill advised that during considerations of the BOCL Board a number of clarification points had been raised and responses had been provided from both himself and the preferred bidder and discussions would continue as part of the due diligence/interim management arrangement phase.

The Shareholder Committee considered the report in detail and considered that the Shareholder would wish to enter into the management arrangement as indicated in the report subject to the agreement of the preferred bidder.

Shareholder Committee decision:

1. To note the agreement of Blackpool Operating Company Limited (BOCL) in respect of the preferred bidder as Managing Agent for the Company.

2. To appoint the preferred bidder as the Managing Agent following completion of the associated Corporate Procurement exercise.

3. To delegate authority to the Director of Communications and Regeneration in consultation with the BOCL Board to progress the transition and final management and operation arrangements for the Sandcastle Waterpark.

4. To authorise the Head of Legal Services to enter into any such documentation as may be necessary and to consider and deal with such due diligence as may be required to provide for completion of the transitional and final management and operational arrangements for the Sandcastle Waterpark.

5. To delegate authority to the Director of Communications and Regeneration to determine the reporting arrangement from the Managing Agent to the BOCL Board.

Reason for the decision:

To deliver a refreshed, branded, world class family focused visitor attraction which will further significantly contribute toward attaining the Council vision for Blackpool of being the UKs number one family resort with a thriving economy that supports a happy and healthy community who are proud of this unique town.

Other options considered:

To retain the existing management and operational arrangements for the Sandcastle Waterpark. This option would result in a lost opportunity to further develop this key visitor attraction, in line with Blackpool Council’s aspirations, and would also be a lost opportunity in the enhancement of the wider Blackpool tourism resort offer.

Date of decision:

15 July 2021.

Councillor Mark Smith, Chair, Blackpool Operating Company Limited Board left the meeting following the conclusion of this item.

The Committee to note the actions required on the Action Tracker document and receive an update on progress on any outstanding actions.

(This item contains commercially sensitive information which is exempt from publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

(The press and public were excluded prior to the consideration of this item as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

The Committee considered its action tracker which included details of the progress made in implementing the recommendations of the wholly-owned companies governance review and the previous resolutions of the Committee. Ms Lorraine Hurst, Company Secretary provided an overview of the key progress made in relation to the actions highlighting the work undertaken in relation to the development of the strategic risk registers and adoption of the governance framework by the wholly-owned companies.

The Committee agreed to note the action tracker.

To receive a verbal update on the Council’s wholly-owned companies provided by the Shareholder representatives.

(This item contains commercially sensitive information which is exempt from publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

(The press and public were excluded prior to the consideration of this item as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

Mr Alan Cavill, Director of Communications and Regeneration and Mr Steve Thompson, Director of Resources were invited to provide an update on the Council Wholly-Owned Companies on behalf of the Shareholder.

The Committee noted the updates.

To report detailed information on the financial performance of each of the Council wholly-owned companies to the Shareholder Committee in line with decision EX26/2021.

(This item contains commercially sensitive information which is exempt from publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

(The press and public were excluded prior to the consideration of this item as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

Mr Steve Thompson, Director of Resources provided an overview of the financial performance of the Council’s Wholly-Owned Companies as at Month 2 2022/2023.

The Committee noted the update.

The Shareholder Committee to consider for approval the associated policy documents to accompany the governance framework that has been adopted by all companies. 

Ms Lorraine Hurst, Company Secretary presented the report to the Committee and highlighted the documents that had been developed in particular the Non-executive director agreement, the Senior management disciplinary and grievance roles and responsibilities and role descriptions for the Board Chair, Audit Chair and Employment Committee Chair.

The Shareholder Committee considered the report and the suite of documents.

Shareholder Committee decision:

1.      To approve the governance framework documents and policies for all wholly-owned companies within the Council group.

2.      For the Shareholder to request that company Boards adopt the policies and other documents at the next round of Board meetings.

3.      That the Company Secretary updates the documents where necessary.

Reason for the decision:

The Shareholder Committee has a role to ensure that companies within its group have robust governance arrangements based on guidance available and best practice. These documents that accompany the governance framework have been developed on this basis and will provide consistent policies across the group.

Other options considered:

None, the absence of governance documents would pose a governance risk to the Council.

Date of decision:

15 July 2021.

To note the date and time of the next meeting of Friday 23 September 2022, commencing at 10am.

The Committee noted the date and time of the next meeting as Friday 23 September 2022, commencing at 10am.