To consider the submitted report on the above.

At this juncture, the Chairman advised that the meeting had exceeded four hours in duration and in accordance with Standing Order A11.2, the Executive Director of Operations and Finance and the Monitoring Officer had indicated that this item must be transacted at the meeting.

Further to the decision of the Council at its meeting on 10 December 2015, the Council received the submitted report which set out options for the sustainable support of tourism in Torbay following the recent ‘No’ vote for the proposed Torbay Retail and Tourism Business Improvement District (TRTBID).  The report also detailed proposals for the future of the English Riviera Tourist Company (ERTC).

It was proposed by Councillor Amil and seconded by Councillor Stringer:

(i)         that the Council supports, in principle, the private sector led ‘English Riviera Tourism Business Improvement District’ (ERTBID);

(ii)        that, subject to a favourable business plan, the Executive Director of Operations and Finance be nominated to cast the Council’s votes in favour of the ‘English Riviera Tourism Business Improvement District’ (ERTBID) at the time of the ballot;

(iii)       that, in the event of a ‘Yes’ vote for the proposed ‘English Riviera Tourism Business Improvement District’ (ERTBID), the Executive Director of Operations and Finance, in consultation with the Executive Lead for Tourism, Culture and Harbours, be instructed to :-

a)            decommission the provision of Destination Tourism Marketing and Visitor Information Services from 1 January 2017, wind up the English Riviera Tourism Company (ERTC) and arrange for the transfer of Destination Tourism Marketing and Visitor Information Services to the new ERTBID Company;

b)            immediately establish an ERTC/ERTBID Project Transition Board, comprising of two Senior Officers, the Executive Lead for Tourism, Culture and Harbours and two Members from the Conservative Group and one Member from Liberal Democrat and one Member from the Independent Group, so that the Council’s income and assets are properly considered in respect of the ERTC; and that the intellectual property rights of the English Riviera brand are safeguarded;

c)            allow the ERTC/ERTBID Project Transition Board to establish and facilitate the terms upon which the official ERTC brands and logos will transfer, under license, to the new ERTBID Company;

d)            provide Council support to facilitate the transfer of appropriate ERTC staff (including those in the Local Government Pension Scheme) to the new ERTBID Company;

e)            negotiate and sign the ERTBID Operating Agreement on behalf of the Council; and

f)             make an appropriate charge to the ERTBID Company each year for the duration of the ERTBID (5 years) to cover the Council’s costs associated with collection of the ERTBID levy.

(iv)       that, in the event of a ‘Yes’ vote for the proposed ‘English Riviera Tourism Business Improvement District’ (ERTBID) the Council agrees to:-

a)            allocate sufficient funds to meet the ERTBID levy liability, for any applicable Council owned properties, for the term of the ERTBID (5 years);

b)            provide a cash advance facility to the ERTBID Company, which will be returned once the ERTBID levy payments are received;

c)            delegate the approval of pension liability arrangements, including a possible guarantee, to the Chief Financial Officer in consultation with the Executive Lead for Tourism, Culture and Harbours and the Assistant Director of Corporate and Business Services;

d)            request that the Overview and Scrutiny Board keep an oversight of how well the new ERTBID Company is meeting it aims and objectives, especially in relation to the functions, which had previously been undertaken by the ERTC and any performance issues arising from the formal Operating Agreement; and

e)            recognise that the new ERTBID Company will take over responsibility for operating as the official Destination Marketing Organisation (DMO) for Torbay.

(v)        that, in the event of a ‘No’ vote for the proposed ‘English Riviera Tourism Business Improvement District’ (ERTBID), the Executive Director of Operations and Finance, in consultation with the Executive Lead for Tourism, Culture and Harbours, be instructed to decommission the provision of Destination Tourism Marketing and Visitor Information Services from 1 January 2017 and wind up the English Riviera Tourism Company (ERTC).

On being put to the vote, the motion was declared carried (unanimous).

(Note:  Prior to consideration of Minute 150, Mayor Oliver declared his pecuniary interest and withdrew from the meeting.)