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TOURISM AND CULTURE PORTFOLIO

27 APRIL 2016

Key Decision NO

Cabinet Portfolio Holder

Councillor Andrew Backhouse, Leisure, Tourism and Culture

Date of Decision/Referral to O&S

27 APRIL 2016

Deadline for call-in 5.00pm

3 MAY 2016

Corporate Priority

Aim 2 Prosperous

Implementation Date (if no call-in)

4 MAY 2016

REPORT OF: DIRECTOR OF SERVICE DELIVERY 16/113

WARDS AFFECTED: All

SUBJECT: Seasonal Beach Lifeguard Service

RECOMMENDATION (S): The Cabinet Member is requested to:

(i) approve that the Council’s existing contract with the Royal National Lifeboat Institution (RNLI) for the Seasonal Beach Lifeguard Service at the principal beaches managed by the Council be extended for one more year for the 2016 season.

(ii) note that officers will conduct a procurement exercise in the Autumn of 2016 for a new contract to commence in 2017.

REASON FOR RECOMMENDATION (S): To ensure the continued provision of the Service for the 2016 season at the main beaches managed by the Council and that the Council complies with its public procurement obligations through a procurement exercise in the Autumn of 2016 for a new contract to commence in 2017.

HIGHLIGHTED RISKS: The withdrawal of the Service is likely to increase the number of incidents including potential serious incidents such as drowning leaving the Borough Council open to claims of negligence and reputational damage.

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1. INTRODUCTION

1.1 The RNLI has provided the Service on the Borough’s principal beaches since 2009 under the terms and conditions of a Service Agreement.

1.2 Approval is therefore requested to continue this arrangement with the RNLI for one more year for the 2016 season with a view that officers conduct a procurement exercise in the Autumn of 2016 for a new contract to commence in 2017.

2. CORPORATE OBJECTIVES AND THE COMMUNITY PLAN

2.1 The delivery of a Seasonal Beach Lifeguard Service to enhance the Borough’s beaches offer contributes to the priority of Sustainable Tourism in the Corporate Aim of Prosperous.

3. BACKGROUND AND ISSUES

3.1 Following a procurement exercise that only attracted one tenderer the Borough Council and the RNLI entered into a Service Agreement for the provision of a seasonal beach lifeguard service in 2009. Previously the service had been delivered in- house.

3.2 The service includes but is not limited to fulfilling the following aims: The provision of an effective Beach Safety Service on all sites; Promotion of the service and its programmes; Promotion of Water Safety.

3.3 The Agreement featured the provision of a lifeguard service during the season at the four resort beaches of Scarborough South and North bays, Filey Bay and West Cliff Beach, Whitby for an annual payment from the Council which was indexed linked.

3.4 The arrangement was extended to include a seasonal lifeguard service at Sandsend in 2012, funded jointly by the Borough Council and RNLI and Cayton Bay funded wholly by the RNLI in 2014.

3.5 The Service originally operated from the Whitsun Bank Holiday weekend to the first week of September in each year. However this has been extended to the Spring Bank Holiday weekend at the start of May. See Appendix B for the season dates and staffing levels proposed by the RNLI for 2016.

3.6 Due to their specialist knowledge the RNLI Lifeguard Service also conduct , Beach Signage Audits, Beach Safety Equipment Audits and Beach Safety Risk Assessments at no cost to the Council.

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3.7 They also provide the following: Co-responder scheme in conjunction with the National Health Service

Ambulance Service community engagement projects including an annual pre-season

education programme for local schools at Scarborough and Whitby and schools at inland cities and participation in the Crucial Crew event organised by the Emergency Services for local school children

specialist safety cover for Council and external organised events assistance in policing beach management byelaws and control orders

linked including Dog Bans supervision of Jet Ski Launch points at Scarborough North Bay and

Upgang Ravine, Whitby support where practical to local stake holders attendance at meetings associated with safety and beach management.

4. CONSULTATION

4.1 Informal consultation with beach users and stakeholders has identified they believe the Beach Lifeguard Service is a valuable asset in providing a safe environment and attracting visitors to the beaches.

5. ASSESSMENT

5.1 The Borough’s beaches are a natural asset attracting a large number of visitors each season. They include not just beach users and bathers but also surfers, jet skiers and kayakers etc. The provision of a Beach Lifeguard Service ensures a safe environment for the various types of visitors which is an important influencing factor when they are deciding which beach to visit.

5.2 Scarborough North Bay and West Cliff, Whitby possess the European Blue Flag Beach Management Award and the Yorkshire Bathing Water Partnership featuring Welcome to Yorkshire, Yorkshire Water, Environment Agency and Scarborough Borough Council has an aspiration for the Award to be extended to Scarborough South Bay and Filey. The Award features a number of beach management criteria including the provision of a seasonal Beach Lifeguard Service. The Blue Flag award is the most prestigious beach management award and its status supports the continued attraction of the coastline as a popular visitor destination and contributes to the tourism economy of the area.

5.3 The continuation of the Service Agreement with the RNLI for the 2016 season will ensure this important Service is maintained.

5.4 A procurement exercise in the Autumn of 2016 for a new contract to commence in 2017 will ensure that the Council complies with its Procurement Regulations.

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6. IMPLICATIONS

6.2 Financial Implications

6.2.1 The Service Agreement included an increase each Season of the Term by a percentage equal to the percentage increase in the All Items Retail Price Index during the calendar year prior to the year in which the Season to which the revised payment is to apply commences.

6.3 Legal Implications

6.3.1 The proposal is to extend the Council’s existing contract for one further year only. The contract has reached the end of its original term. The letting of a new contract to commence in 2017 is likely to exceed the £164k threshold for service contracts at which the EU Procurement rules are engaged. The service falls within the light touch regime of the regulations and award of the contract must therefore be advertised in Europe.

6.4 Health and Safety

6.4.1 Health and Safety responsibility for the beaches remains with the Council. The Council’s Health and Safety Officer and Parking Services, CCTV and Venues Manager work closely with the external provider.

6.5 Policy, Crime and Disorder, Staffing, Planning, Environmental and Sustainable Development, Equalities and Diversity

These implications have been considered and do not apply.

Trevor WatsonDirector

Author: Andrew Williams, Leisure Services ManagerTelephone No: 01723 383610Fax No: 01723 376941E-mail address: andrew.williams@scarborough.gov.uk

Background Papers:None

IF YOU HAVE ANY QUERIES ABOUT THIS REPORT OR WISH TO INSPECT ANY OF THE BACKGROUND PAPERS, PLEASE CONTACT ANDRREW WILLIAMS ON 01723 383610 OR e-mail andrew.williams@scarborough.gov.uk

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Appendix A

Risk Matrix

Risk Ref Date Risk Consequences Mitigation Current

Risk ScoreTarget Score

Service Unit Manager/

Responsible OfficerAction Plan

1 April 2016

ICM not approved

Contract not extended for a further year

Potential increase in incidents at Council’s principal beaches

B3 B3 Stuart Clark None

Glossary of TermsRisk An event which may prevent the Council achieving its objectivesConsequences The outcome if the risk materialisedMitigation The processes and procedures that are in place to reduce the riskCurrent Risk Score The likelihood and impact score with the current mitigation measures in place Corporate Objectives An assessment of the Corporate Objectives that are affected by the risk identified.Target Risk Score The likelihood and impact score that the Council is aiming to achieveService Unit Manager The Service Unit or Officer responsible for managing the riskAction Plan The proposed actions to be implemented in order to reduce the risk to the target score

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Risk Scoring

5

4

3

2

1

A B C D EIm

pact

Likelihood

Likelihood: ImpactA = Very Low 1 = LowB = Not Likely 2 = MinorC = Likely 3 = MediumD = Very Likely 4 = MajorE = Almost Certain 5 = Disaster

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Appendix B