Issue - meetings

Reporting Person – Douglas Spinks

Following consideration by the Council on 6 December 2018 of the petition to reinstate Mr Carlos Ice Cream at Woking Park, the Executive received a report which recommended to Council a response to the petition and formalised arrangements for the future.  The Portfolio Holder for Leisure and Cultural Services, Councillor Kemp, explained that Officers had been asked to clarify whether the licence to operate with Freedom Leisure provided them with exclusive rights to trade in Woking Park, and also to clarify Freedom Leisure’s position on permitting another ice cream vendor to trade in the Park.  Councillor Kemp confirmed that the licence with Freedom Leisure did not grant any exclusive rights to trade in the Park that would prevent the Council from granting licences to other food vendors.  The Executive was advised that Freedom Leisure had kindly suggested that it would not oppose a suitable position in the Park provided it was not directly in front of the kiosk operated by Freedom Leisure.  The Leader thanked Freedom Leisure for their reasonableness in the matter.

Discussion ensued on the length of licence to trade in Woking Park to be offered to Mr Bellanca.  The Executive agreed that Mr Bellanca be offered a licence to trade in Woking Park and at Goldworth Park Recreation Ground for 2019 only.  In order to provide a fair and equal opportunity for all, it was proposed that a formal process be put in place for interested parties to express an interest in operating mobile food vans at Council owned venues from 2020 onwards.

REcommended to Council

That  (i)    Mr Bellanca be offered a licence to trade in Woking Park at the location identified near to the bandstand from 1 March – 31 October 2019 under the same terms as in previous years;

          (ii)   Mr Bellanca be also offered a licence to trade in Goldsworth Park Recreation Ground from 1 April – 30 September 2019 under the same terms as in previous years; and

          (iii)  Officers be authorised to review these licence terms and put in place a process for interested parties to express an interest in operating mobile food vans at suitable venues owned by the Council from 2020 onwards.

Reason:   To agree a response to the petition and to formalise arrangements for the future.

The Mayor welcomed to the meeting Mr Joe Bellanca, operator of the Mr Carlos ice-cream van, who presented to the Council a petition seeking the removal of the ‘Café in the Park’ to enable the Mr Carlos van to trade in Woking Park.  The petition had been supported by 1,145 individuals.  The Council had before it a report which set out the details of the petition, together with Officer comments on the request.

Mr Bellanca advised the Committee of the background to the decision of the Council that led to the Café kiosk replacing his ice-cream van, noting that he had unsuccessfully tendered for the opportunity to run the kiosk himself.  The decision of the Council had significantly affected his business, which had been part of Woking’s community for forty years.  Mr Bellanca advised that, despite the petition calling for the removal of the Café, he would be happy to operate in the Park in addition to the Café.  Following his presentation, Mr Bellanca responded to a series of questions by Members in respect of the impact on his business, his views of the Café and where he traded following the decision to prevent any other food vendors from operating in the Park.

Councillor Kemp, Portfolio Holder, introduced the report before the Council and advised that the Café in the Park had been created following a public consultation which had looked at the main types of food and drink visitors to the Park would want to be available.  Ice-cream had come fifth in the list of priorities.  A tender process had been undertaken which had been won by Freedom Leisure which had been awarded a contract for seven years.  It was understood that Freedom Leisure had advised that it would not be willing to share the Park with other operators; if this was not the case, the Council could revisit the matter.

Councillor Lyons moved and Councillor Howard seconded a proposal to allow Mr Bellanca to trade in Woking Park in addition to the Café in the Park.  The proposal would be subject to the arrangement being lawful under the contract with Freedom Leisure.  In accordance with Standing Order 10.8, the names of Members voting for and against the motion were recorded.

In favour:                       Councillors M Ali, A-M Barker, J Bond, A Boote, M Bridgeman, I Eastwood, K Howard, D Hughes, L Lyons, L Morales and M I Raja.

                                      Total in favour – 11

Against:                         Councillors H Addison, S Ashall, A Azad, D Bittleston, A Bowes, G Chrystie, K Davis, D Harlow, Mrs B Hunwicks, S Hussain, C Kemp, N Martin, R Mohammed and C Rana.

                                      Total against – 14

Present not voting:       None.

                                      Total present not voting – 0

The motion was therefore lost by 11 votes in favour to 14 votes against.

Councillor Kemp moved and Councillor Hussain seconded a motion to refer the petition to the Executive.  The proposal would provide an opportunity to discuss Mr Bellanca’s request with Freedom Leisure before a decision was taken by  ...  view the full minutes text for item 7