Agenda item

DECLARATION OF INTEREST

Councillor Leslie declared an interest in the subject matter of the following article by virtue of his position as Chairperson of ShopMobility.   Councillor Leslie withdrew from the meeting during discussion of this item.

The Committee had before it a report by the Director of Corporate Governance which requested (1) financial support to relocate ShopMobility from Flourmill Lane to alternative premises in the Skyline Restaurant in the Bon Accord Centre; (2) authority to reconfigure the Council’s financial support to ShopMobility in order to assist with their running expenses; and (3) authority to reconfigure the Council’s financial support to Aberdeen Action on Disability in order to assist with their running expenses.

The report advised that the Social Care and Wellbeing Service had indicated that both organisations (ShopMobility and Aberdeen Action on Disability) performed a vital role for people with disabilities in Aberdeen, however, neither organisation contributed to the Social Care and Wellbeing priorities, and officers had indicated that no further grant funding would be available beyond this financial year.  

By way of background the report advised that ShopMobility Aberdeen had been established in 1992 and aimed to empower and liberate people with mobility difficulties, and promote greater social inclusion by providing the tools required to overcome physical barriers, improve mobility and create greater access to the city and community life.  Due to the nature of its business, ShopMobility’s clients required a base central to the city’s main shopping centres.  It was currently located in part of the underground car park on Flourmill Lane, which belonged to the Council but was due to be redeveloped in 2011.   This base, which was located away from the main car park for the Bon Accord Centre, was not suitable, and lacked sufficient space for storage and maintenance. Its location made it more difficult for shoppers or visitors with reduced mobility to get a wheelchair or electric scooter.  ShopMobility received financial support from the Community Planning and Regeneration budget for the rental of these premises.   The report explained that ShopMobility had a low profile despite the fact that that many other stakeholders benefited from its operations. 

The report advised that as a consequence of the pending move of staff from St Nicholas House to Marischal College, and the future demolition of St Nicholas House, ShopMobility would have to move to an alternative location and although there would be an option to move to the Marischal College development, no plans had been included in the development to date, and this would involve additional expenditure. This option would also put ShopMobility even further away from the Bon Accord and St Nicholas shopping centres and put its users at an even greater disadvantage.

The report continued that there was now an opportunity to use part of the redundant Skyline restaurant area, which was situated above the indoor bowling rink in the Bon Accord Centre, to create a ShopMobility unit as this unit had recently been declared surplus to the Council’s requirements and there had been no declared Council use for the premises to date.   The report explained that if ShopMobility were to move to the Bon Accord Centre (in place of moving to Marischal College), this would avoid the need to construct a facility within Marischal College for ShopMobility, thus avoiding costs to include provision for ShopMobility, and increasing the number of car parking spaces that would be available for Council use.   There were excellent lift facilities in the Bon Accord Centre that would provide ideal level access for ShopMobility customers from the Skyline area to the shopping mall below.   The Bon Accord Centre had also indicated their willingness to allocate additional disabled parking spaces in the car park next to the restaurant, which would permit a managed access to ShopMobility and would also utilise a neglected area of the Bon Accord Centre.  

The report advised that ShopMobility had requested that Space Solutions conduct a feasibility survey and advise them, on a no cost basis, how to make the best use of the space in the restaurant.   Space Solutions had also provided them with an outline of costs that could be anticipated to carry out the work to convert the space in the Skyline restaurant to an operational facility suitable for ShopMobility’s use.  Initial indicative costs were £61,343.72 (including VAT), plus an element for relocation costs and unforeseen expenditure.  ShopMobility had indicated that they would be able to relocate their operation with an offer of help in kind.  Therefore, it was proposed that allowing up to £65,000 would be sufficient to cover the cost of all the alterations and the move in its entirety.   The report advised that ShopMobility currently employed one full time member of staff and had volunteer staff support of 112 hours per week, then  outlined the financial support that ShopMobility received.    The financial estimates for 2009/10 projected a total expenditure of £83,359; of this, income of £69,340 was expected (comprising £63,715 in grants, including the Council’s £3,096 in donations and £2,529 from other fundraising and sales).   The balance was carried over from 2008 and amounted to an additional £35,264.   Under this proposal, the Council would incur an additional non recurring cost of up to £65,000 in this financial year, and in future years the recurring revenue support of £22,000 would be reconfigured to the Disability Strategy Budget under the Single Equality Scheme.

The report reminded members that the Council paid a service charge to the Bon Accord Centre for use of the Skyline restaurant area, one half of which was paid for by the Bon Accord Indoor Bowling Club, with the remainder being covered by a budget held by the Culture and Leisure Service.   The report proposed that this budget be transferred to Community Planning and Regeneration, to cover the service charge.   ShopMobility’s contribution could be secured from the current provision of £32,000 already available from within the budget held by Community Planning and Regeneration.   As the proposed users of the Skyline Restaurant were non Council, then the occupation of the property required to be legally sanctioned by a formal sub lease, with the Council as tenant of the property.  In terms of the Council’s tenancy of the Skyline Restaurant, a Committee decision to approve the principle of sub leasing the property to ShopMobility would require the Council to seek the formal consent of the Scottish Retail Partnership, as Landlord, to such a sub lease.    It was suggested that officers take this issue up with the Scottish Retail Partnership in February and advise a future meeting on the outcome.  

The report advised that the bowling club currently paid a nominal sub rent of £1 per annum (if requested) and suggested that a similar sub rent could be adopted for ShopMobility; and explained that if the Council took a decision to lease any of their properties at a rent demonstrably below market rental value, Scottish Government consent was required in terms of Section 74 of the Local Government (Scotland) Act, 1973.  Officers in Resources Development and Delivery had advised that it may be considered in this situation that £1 per annum was a true reflection of market value.

With regard to the Aberdeen Action on Disability, the report advised that this organisation had been established in 1992 and worked with and for disabled people to help them live independently and overcome discrimination, in particular with regards to equality of opportunity and unrestricted access to services in order to ensure that people with disabilities were able to participate in the community.   The report provided a background on Aberdeen Action on Disability’s projects and outlined the financial support it had received from other organisations.  

The report explained that the financial budget for 2009/10 projected total expenditure of £30,300 with income being estimated at £26,000 (comprising £20,000 grant from Social Care and Wellbeing, down from £23,000 previously, £3,000 from NHS Grampian and £3,000 from other donations and fundraising).   Under this proposal, the future recurring revenue commitment from the Council of £23,000 would be reconfigured to the Disability Strategy Budget under the Single Equality Scheme.

Appended to the report was a completed Equality and Human Rights Impact Assessment in relation to the proposed reconfiguration of financial support for ShopMobility and Aberdeen Action on Disability.

The Committee resolved:-

(i)         to approve the relocation of ShopMobility to the Skyline Restaurant, and to meet the costs of the alterations, up to £65,000 as a one off cost from the Disability Strategy Action Plan budget;

(ii)        to approve the reconfiguration of existing financial support contribution of £22,000 per annum to ShopMobility from the Social Care and Wellbeing budget to the Disability Strategy Action Plan budget;

(iii)       to approve the reconfiguration of existing financial support contribution of £23,000 per annum to Aberdeen Action on Disability from the Social Care and Wellbeing budget to the Disability Strategy Action Plan budget;

(iv)       to approve, in principle, the grant of a sub lease of the Skyline Restaurant to ShopMobility;

(v)        to instruct the Head of Resources Development and Delivery to provisionally negotiate terms and conditions of a sub lease that match (and where necessary are complementary with) the sub lease already granted to the Bon Accord 2000 Indoor Bowling Club;  and

(vi)       to instruct the City Solicitor to formally conclude such a sub lease, on terms and conditions as are necessary to protect the Council's interests.