THE LIBRARY REVIEW: CONCLUDING STAGE

8/4/2019 THE LIBRARY REVIEW: CONCLUDING STAGE

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Committee DECISION UNDER DELEGATED POWERS

DECISION CANNOT BE TAKEN BEFORE FRIDAY, 30SEPTEMBER 2011

Title THE LIBRARY REVIEW: CONCLUDING STAGE

Report of REPORT OF THE CABINET MEMBER FOR FIRE, CULTURE

AND RESIDENT SERVICES

EXECUTIVE SUMMARY

1. This report puts in place the measures to end the library review, with the establishmentof five community libraries, which are supported by the council but at no direct cost.

2. The recommendation is that the council will cease to fund the public libraries at

Bembridge, Brighstone, East Cowes, Niton and Shanklin on 30 September 2011, andthat it will lease those sites at preferential rents and with the free loan of council librarystock to community-led organisations. This will result in community libraries, theproduct of a partnership between the council and local residents where no locality willhave lost its static provision.

BACKGROUND

3. It is Cabinet policy to increase community-led engagement in libraries, whilecontinuing to provide a comprehensive and efficient library service on the Island. Thisis defined as:-

Providing a good range of books free of charge to the library user and associatedservices in venues accessible to the majority and with opening hours arranged asnearly as possible to meet community requirements;

In so doing, statutory requirements continue to be met in full.

4. This paper brings to a conclusion the implementation of this Cabinet policy, to ensurethat Isle of Wight Council library service continues to meet its statutory requirements,and that communities wishing to establish their own local library are supported to doso.

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5. The councils library review has been in process since July 2010. This report brings it

to a conclusion, with confirmation that direct council funding will cease for five publiclibraries. Previous cabinet member decisions (1 March 2011, 30 June 2011, 22 July2011) document the background to why these sites have been identified.

6. In four of the five areas where direct council funding will cease, there has been avolunteer co-ordinator in post already, and their presence has been crucial to thedevelopment of volunteer groups to run the community libraries. These sites areBembridge, Brighstone, East Cowes and Niton. In Niton, the community group formedto take on the library has formed a company, The Edward Edwards Library Limited, inhonour of the pioneer of public libraries in England, who is buried in Niton.

7. In two areas, it has not been feasible to establish an incorporated body.. These areasare Bembridge and Brighstone. There was considerable community activity andvolunteering in both areas, and, to ensure that this could result in community libraries,

the Isle of Wight Rural Community Council (RCC) has offered to accept the leaseholdliability for both sites. This is in line with the RCCs policy of enabling local communityenterprises and has meant both libraries can open without a break in service.

8. In Shanklin, it has taken a slightly longer time to co-ordinate the recruitment of avolunteer co-ordinator for a number of the towns ongoing projects. The Town Councilhas indicated that it is likely to offer to pay for a member of Isle of Wight Council librarystaff to be seconded to the Shanklin library site, for a short period of up to two months,so that volunteers may be recruited and trained on site, as has been the case in allother sites to date. This matter is due to be decided formally at their Town Councilmeeting on 22 September 2011.

9. In areas where there is a community library, the council will continue to provide mobilelibrary stops in the vicinity, in co-operation with the community librarys management.

10. The council is not able to sustain its expenditure on the five sites in question anylonger. Sufficient time has been allowed to permit legal and property disposalnegotiations to near conclusion, and for the training for staff and security checks forvolunteers. The training and checks have been offered to community groups, toensure their volunteers offer the highest standards of customer care and confidencethat customers can continue to enjoy their local library as a safe and welcoming space

in their community.

STRATEGIC CONTEXT

11. This decision supports the Eco Island Sustainable Community Strategy themes of athriving Island(because it sees local communities establishing enterprises to operatethe community libraries), and a healthy and supportive Island(because the opening ofcommunity libraries is offering volunteering opportunities which will lead to morepeople playing an active role in their locality).

12. The recommendations in the report also support the Vision as set out in the Corporate

Plan 2011-13 to challenge statutory duties and deliver services in more cost effectiveways by engaging with local communities and partners.

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CONSULTATION

13. The Library Review invited consultation and over 1500 people responded to theconsultation, plus five petitions were submitted. This consultation was used to informthe initial Cabinet decision of 1 March and this decision uses the same public

consultation as its basis.

14. To ensure that the community libraries are all equipped to open by or near to the endof September 2011, all five community groups involved have been consulted regularlyon progress. In addition, the RCC, which is taking on two property leases to permitthe opening of community libraries in Bembridge and Brighstone, has been aconsultee throughout.

15. The Equality Impact Assessments (EIAs) which are attached at Appendix A anddiscussed below, reflect a period of additional public consultation which was carriedout during July 2011 in all eleven sites.

FINANCIAL / BUDGET IMPLICATIONS

16. The recommendation would result in the Library Service reducing its running costs by31,000 on these sites, because this is how much it had cost the council to extend theopening to the end of September, in terms of additional staffing and utilities. This is inaddition to the significant savings made by the staffing restructure earlier in the year.The removal of the secure data lines has reduced the councils outgoings byapproximately 6,800 a month; the remainder of the 31,000 was made up of utilitiesand single staffing costs.

CARBON EMISSIONS

17. Based on 2010/11 energy consumption, the proposals will have the effect ofreducing the Councils carbon footprint by 41 tonnes of carbon dioxide (tCO2) duringthe remainder of 2011/12 and by 57tCO2 for subsequent years.

18. Assuming a fixed price for carbon allowances under the CRC Energy EfficiencyScheme of 12/tonne, the proposals will reduce the cost to the council of CRCallowances by 492 during the remainder of 2011/12 and by 684 for subsequentyears.

LEGAL IMPLICATIONS

19. Under the Public Libraries and Museums Act 1964 the library authority (which theCouncil is in accordance with s. 206 Local Government Act 1972) has a duty toprovide a comprehensive and efficient library service for all persons desiring tomake use thereof.

20. In fulfilling its duty, a library authority shall in particular have regard to thedesirability

(a) of securing, by the keeping of adequate stocks, by arrangements with otherlibrary authorities, and by any other appropriate means, that facilities areavailable for the borrowing of, or reference to, books and other printed matter,and pictures, gramophone records, films and other materials, sufficient in

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number, range and quality to meet the general requirements and any specialrequirements both of adults and children; and

(b) of encouraging both adults and children to make full use of the library service,and of providing advice as to its use and of making available such bibliographical

and other information as may be required by persons using it; and

(c) of securing, in relation to any matter concerning the functions both of the libraryauthority as such and any other authority whose functions are exercisable withinthe library area, that there is full co-operation between the persons engaged incarrying out those functions.

21. In doing this, the council will continue to meet its statutory duty.

22. In relation to the staffing and TUPE issues mentioned in previous papers these havenow been resolved.

23. Issues arising out of the negotiation of the draft leases submitted to the prospectivetenants of Bembridge, Niton and Shanklin libraries mean the leases need furtheradjustment and the prospective tenants need further time to agree the leases.

EQUALITY AND DIVERSITY

24. The Equalities Act 2010 requires a local authority to have due regard to the need toeliminate discrimination, harassment, victimisation and to advance equality ofopportunity between persons who share a relevant protected characteristics andpersons that do not. The local authority has to consider the impact that any potentialchange in policy, rules, guidance or services may have on individuals who may beaffected and who enjoy rights as a person with a protected characteristic under theAct.

25. During July 2011, library customers in all eleven of the councils public libraries wereinvited to comment on the impact that changes to that site would have on them. Thisconsultation exercise was based around the nine protected characteristics whichfeature in Equality Impact Assessments (EIAs). These characteristics are: age;gender; sexual orientation; gender reassignment; disability; marriage; pregnancy andmaternity, race, and religion.

26. Appendix A to this report represents the EIAs for those sites affected by this decision,including action plans which reflect customer comments wherever possible. Theseaction plans will be used to ensure that the council minimises the negative impacts ofits decision to close some of the sites included in Appendix A. These EIAs, togetherwith those for the councils public libraries, will be available for viewing at the LordLouis Librarys Reference Library. The full set of EIAs will be provided to theDepartment of Culture, Media and Sport, at their request, and impact monitoring isclearly included in future service planning.

PROPERTY IMPLICATIONS

27. Negotiations are nearing completion with community representatives in respect ofeach of the five libraries that are likely to be transferred into community library use.The initial basis of these negotiations was a 30-year lease, at a preferentialpeppercorn rent, with the tenant being responsible for all insurances, maintenance

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and repair (albeit there will be a schedule of condition forming part of each lease,ensuring the premises do not have to be put into any better condition at leasetermination than they were at commencement).

28. Draft leases have been issued for each library. These leases make clear that they are

granted to support community library provision from the current buildings. There is abreak clause, operable by the Council, where the lease can be terminated if thebuilding ceases to be run as a community library. The break clause also permits thetenants to release themselves from the lease, should different and more preferableaccommodation become available.

29. From the continuing negotiations with the community groups, it is apparent that the 30year lease does not meet the requirements of all of the groups, for a variety ofreasons. This has resulted in agreements being reached as follows:-

Bembridge 30 year lease

Brighstone Tenancy at will, to enable proposed relocation within a year E Cowes Tenancy at will, to enable proposed relocation within a year

Niton 30 year lease

Shanklin 40 year lease, reflecting the initial capital investment proposedby the community group

30. As lease negotiations have taken longer than expected, the councils way of grantinglegal occupation of the premises to the community groups, ahead of completion of thelease, will be through a Tenancy at will.

31. The council has ensured that it has disconnected its link to the government secureintranet (which is used by council sites for secure data exchange). This has meantthat alternative data connectivity has had to be installed, using a business broadbandsupplier. The broadband requirement of the sites is such that it needs a business-suitable bandwidth, to allow the library management system to be operated at thesame time as customers using the internet in the sites. Any cheaper, non-businesssolution, would not have been able to support the heavy data demand that these sitesrequire. In addition to this broadband provision, which the council will continue tofund, the council has also re-routed its ICT systems for the fire stations in Bembridgeand Shanklin, which previously were routed via council systems in the libraries inthese areas.

OPTIONS

32. The options considered when making the recommendation in this report were:

Option A To cease funding the libraries in Bembridge, Brighstone, East Cowes,Niton and Shanklin on 30 September 2011

Option B To grant leases or tenancies-at-will to East Cowes Town Council, theEdward Edwards Library Ltd, Shanklin Theatre & Community Trust andthe RCC

Option C To continue funding all eleven libraries

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RISK MANAGEMENT

33. Option A represents a medium-to-low overall level of risk to the council. The five sitesin question have been identified for over six months, and the councils decision-makingon how the sites were identified for closure has been clear. There are still high levels

of reputational risk related to the feared closure of the sites, and this is likely to behighest in Shanklin, where a community library will only open straight away with thesecondment of an Isle of Wight Council employee for a short period. However, thecouncil is working with community groups to put in place a range of measures tosupport the community libraries ongoing success. These measures are set out belowin the Evaluation section.

34. Option A poses low levels of financial and operational risk. The closures will representsavings which are already part of the councils current budget strategy. The closureshave already been put in train, with the councils high-cost high-security data lineshaving been replaced by standard business broadband to each of the sites in

question. This will enable the ongoing delivery of the Spydus library managementsystem and is therefore a cost which the council will bear even when the sites are nolonger run by the council. This cost has been factored into the services budgetplanning.

35. Option B represents a medium-to-low overall level of risk to the council. The grantingof full repairing leases to community groups effectively disposes of the buildings inquestion to those communities for the duration of the lease. This reduces the councilsoutgoings on the sites and therefore reduces the councils financial risks associatedwith the sites. In those sites where leases have not been fully resolved, tenancies-at-will would be put in place to mitigate the councils risks and accountabilities for thesites in question. This option also maintains a static local library service in areaswhich would otherwise be receiving a mobile library service (which is still high qualitybut cannot be present for as many hours each week). There may be reputational risksattached to the councils standard corporate property approach to disposals, which ison the basis of a full repairing and insuring lease. As some of the sites are not in avery good state of repair, this could be seen as offering community groups a difficultchallenge, which their new status makes them ill-equipped to manage. Here again,the council is working with these groups to put in place measures to support thecommunity libraries ongoing success, discussed below in Evaluation.

36. Option C would represent a change to the councils budget strategy and to its cabinetdecision of 1 March 2011. This would be financially unsustainable and would attracthigh levels of reputational risk, with the council being seen as weak in its intent toreduce expenditure and focus its services on the highest areas of need. This optionwould also expose the council to unacceptably-high levels of financial and operationalrisk. The library service would not be able to realise its target savings of 350,000 in2011/12 and up to 500,000 in 2012/13. This would mean that these sums had to befound from other front line sites. In addition, the recent staffing review in the libraryservice means that there would be insufficient employees to keep all eleven sitesopen.

EVALUATION

37. Option A is recommended because it is in line with previous cabinet decisions and willhelp the council to deliver its financial strategy. This option will see the council workwith local community groups and the RCC to ensure that disruption to local library

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service customers is minimised, and there will still be statutory provision maintained inthe areas concerned, through the mobile library service.

38. Although the council is ceasing to fund the running of the sites, in terms of rates,insurance, utilities and any on-site contracts, the council will maintain some services to

the sites. Specifically, the council will maintain access to its library managementsystem and customer access to the internet, by providing business broadbandconnections in each site. This is an ongoing commitment; the council needsbroadband in these sites to enable the communities to use its own library systems. Inaddition to this, the council is providing the ICT hardware, complete with pre-loadedoperating software, already in site as gifts to the community groups concerned. This isso that the new community groups do not have to invest significant sums up-front, toallow continued ICT access in the sites. In the cases of Bembridge and Brighstone,this is via the RCC.

39. Perhaps most importantly, the council is lending access to its entire book stock for

free, as part of the deal with communities. Local sites will be able to lend and acceptreturns of council library books and the stock in the community sites will be refreshedregularly throughout the year. Training for new volunteers and any further librarymanagement system software will continue to be free and ongoing, provided by thelibrary services management team. Local residents will be able to use their libraryservice cards and reserve and order books in the community libraries, and some willalso offer council-provided DVDs for rent.

40. Option B is also recommended, because it is in line with previous cabinet decisionsand will help the council to deliver its financial strategy. This option will also enablelocal communities to operate library buildings as they wish, with signage, decorationand furniture to meet local tastes and requirements.

41. Option B will see the council supporting the community libraries through the provisionof leases which are at a peppercorn preferential rate and which offer favourablyflexible break clauses, to enable local communities to explore relocation if thatbecomes an opportunity which the community would like to see. As each building hasits own challenges and refurbishment requirements which require detailed leaseholdnegotiations, the council is also offering tenancies-at-will to the community groups andthe RCC, so that tenancies may begin while the negotiations are being finalised.

42. In the event that a community group relocates its library to alternative premises, as isanticipated in Brighstone and East Cowes, the legal agreement will allow the group tosurrender its interest in the current library building. This ensures the group is notencumbered with a building which they do not require. This also ensures the councilis able to consider disposal of what will then be a surplus asset.

43. Option C is not recommended because it would represent a reversal of the councilspolicy on its library service and would be a rejection of the year-long process to reducethe cost of the service whilst meeting its statutory obligations. This option is alsofinancially unsustainable and is therefore rejected.

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RECOMMENDATIONS

Option A To cease funding the libraries in Bembridge, Brighstone, East Cowes,Niton and Shanklin on 30 September 2011.

Option B To grant leases or tenancies-at-will to East Cowes Town Council, theEdward Edwards Library Ltd, Shanklin Theatre & Community Trust andthe RCC.

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APPENDICES ATTACHED

44. Appendix A DRAFT Equality Impact Assessments for Brighstone, Bembridge, EastCowes, Niton and Shanklin libraries.

BACKGROUND PAPERS

45. None.

Contact Point - Astrid Davies, Commissioning Manager for Building Community Capacity, 01983 821000, e-mail [email protected]

IAN ANDERSONStrategic Director

Community Wellbeing and Social Care

COUNCILLOR BARRY ABRAHAMCabinet Member

Fire, Culture and Resident Services

Decision

Signed

Date

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THE LIBRARY REVIEW: CONCLUDING STAGE

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