Issue - meetings

Change of Control - Thermae Development Company Limited

Meeting: 04/12/2013 - Cabinet (Item 97)

97 Change of Control - Thermae Development Company Limited pdf icon PDF 68 KB

To consider whether to grant consent, under the terms of the relevant legal agreements, to a change of ownership of Thermae Development Company Limited, the contractor appointed by the Council in 2001 to operate the Bath Spa facility.

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Additional documents:

Minutes:

Colin Skellet in an ad hoc statement explained why he felt that YTL would be well qualified to operate the spa franchise and would deliver a reliable operation which they would develop in the interest of the company, the Council and the local economy.

Councillor Peter Anketell-Jones in an ad hoc statement asked whether the change of operator would have any effect on entrance charges, or on the special offers presently enjoyed by local residents.

Councillor David Bellotti in introducing the item said that the key issue was about the lease for operating the spa.  Cabinet would be asked to agree to transfer the operating lease from one company to its parent company.  The essential principle was that the Council would not be worse off as a result – of which he was confident.  He felt that it would be unreasonable to refuse the transfer.  He moved slightly different proposals from those recommended in the report.

Councillor Ben Stevens said that he was satisfied that YTL would be a very capable operator.  They had already shown evidence of a strong local commitment and where they were operating elsewhere they had commendably developed the local supply chain. He seconded the proposal.

Councillor Paul Crossley reminded the Cabinet of the difficult times which had led up to the birth of the spa and contrasted those difficulties with the great success of the scheme now.  He expressed a debt of thanks to Thermae for operating the spa so successfully which had helped develop the local tourist economy.  He emphasised that the asset was not being sold – what was to be transferred if agreed by Cabinet would be the lease to operate the facility.

On a motion from Councillor David Bellotti, seconded by Councillor Ben Stevens, it was

RESOLVED (unanimously)

(1) To APPROVE in principle the proposed change of control;

(2) To AUTHORISE and give delegated authority to the Chief Executive,  in consultation with the Leader and the Chief Financial and Monitoring Officers, to grant consent subject to any outstanding matters being resolved to her satisfaction; and

(3) To AUTHORISE the Chief Financial Officer, in consultation with the Chief Executive and Monitoring Officer, to enter into any necessary arrangements or take any other action to give effect to the decision, including finalising the terms of a formal deed of consent.

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