URL: https://rother.moderngov.co.uk/ieDecisionDetails.aspx?ID=1723

Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To notify Members of the intention to the early termination of the Freedom Leisure management contract of Rye Sports Centre and handover to Rye Recreation & Well-Being CIO .

Content: Members considered the report of the Head of Neighbourhood Services which advised of the agreement to terminate (early) Freedom Leisure’s (FL) Contract for the operation and management of Rye Sports Centre (RSC), and to handover to Rye Recreation and Well-Being Charitable Incorporated Organisation (the CIO).  Due to financial pressures, it was no longer viable for FL to operate RSC under the current contractual arrangements.   RSC was owned by East Sussex County Council (ESCC) and operated on behalf of Rother District Council (RDC) by FL under contract until 31 March 2026.  RSC consisted of a swimming pool and dry side sports facilities.  At present, a Joint Use Agreement was held between ESCC, RDC and Rye Academy to use and maintain the dry facilities and a licence between ESCC and RDC for the swimming pool, reception area and car park.  As a result of financial pressures, partly associated with COVID-19, FL temporarily closed the swimming pool in November 2022; it was reopened in October 2023.  This was subject to RDC supporting FL with an early exit agreement.  A joint working group consisting of ESCC, RDC, Rye Town Council and the CIO was established to identify the best way forward to ensure that RSC remained in operation for the local community.   The report detailed the progress made to date, with contract termination scheduled for March 2025, and the CIO to take over operation of RSC from 1 April 2025, subject to all complex legal issues being resolved to all relevant party’s satisfaction.   The proposal met the Council Plan’s Objective of “Live Well Locally”.  Government funding had been secured to refurbish RSC and install solar panels to the roof; works would be completed prior to March 2025 and handover in April 2025.  It was noted that a small amount of car parking income would be lost, however this would be offset by maintenance asset savings.   Cabinet agreed with the recommendations proposed and granted delegated authority to the Chief Executive to commence termination of the contract.  Members were pleased to note that staffing would be subject to Transfer of Undertakings (Protection of Employment) regulations.  It was important to ensure that this valuable community asset and leisure facilities provision continued in Rye for the benefit of the residents, schools and visitors alike.   Cabinet thanked the Head of Neighbourhood Services and her team for their hard work in progressing the early exit agreement to this stage.   RESOLVED: That delegated authority be granted to Chief Executive to take all necessary steps to:   1)    facilitate both the early termination of the Freedom Leisure Contract for the operation and management of Rye Sports Centre, and the handover to Rye Recreation and Well-Being Charitable Incorporated Organisation, including the allocation and payment of grant funding; and   2)    terminate all existing property agreements at Rye Sports Centre on the point of handover to Rye Recreation and Well-Being Charitable Incorporated Organisation.   (Appendix A was considered exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972, as amended).   (Councillor Field declared an Other Registerable Interest as a Member of East Sussex County Council, and in accordance with the Members’ Code of Conduct remained in the meeting for the consideration thereof).   (When it first became apparent, Councillor Mrs Kirby-Green declared an Other Registerable Interest as a Member of East Sussex County Council, and in accordance with the Members’ Code of Conduct remained in the meeting for the consideration thereof).   (Councillor Maynard declared an Other Registerable Interest as an Executive Member of East Sussex County Council, and in accordance with the Members’ Code of Conduct remained in the meeting for the consideration thereof).

Date of Decision: December 9, 2024