Agenda item

The Executive Member for Communities submitted a report inviting Members to review emerging plans to establish an arts-focused charity that would enable, fund and support delivery of arts and cultural activities primarily within the boundaries of the current district of East Hertfordshire, though potentially beyond this area following local government reorganisation.

The Executive Member for Communities said that she was seeking early feedback on the development of the proposal and to provide assurance that any model adopted would be legally compliant and transparent in both its establishment and operation.

Members were reminded of the council’s successful delivery of the Arts in East Herts festival over the past two years. The Executive Member for Communities set out the benefits of this initiative for residents, particularly in rural areas in terms of accessing local arts activities.

The Executive Member for Communities said that the festival contributed positively to residents’ mental health and wellbeing, while also supporting the local economy through increased footfall and spending.

Members were advised that the programme had adopted an inclusive definition of the arts, encompassing activities such as creative writing, music, dance, and visual arts. The events were accessible, with many offered at low or no cost, and had supported local creatives and volunteers.

The Executive Member for Communities said that the proposed CIO would aim to build on this success by securing external funding and enabling the local creative community to continue delivering activities that benefit residents in terms of their health and wellbeing.

The Committee were advised that BEAM had originally been established to provide an arts offer across the district, particularly through outreach work, but was currently unable to benefit from Gift Aid on donations due to its position within the council.

The Executive Member for Communities said that the creation of a CIO would enable donations to be managed in a legally compliant and transparent manner, allowing Gift Aid to be claimed and strengthening outreach provision.

Members were advised that discussions with legal advisers were ongoing, and that the CIO would need clearly defined aims, objectives, and a robust business plan in order to meet the requirements of the Charity Commission.

The Executive Member for Communities said that an Arts inEast Herts event would take place in September and October, supported by seed funding from the Community Grants Programme, specifically the East Herts Lottery.

Members were advised that a reference group would be established to support the delivery of the 2026 festival and to act as a shadow body in the development of the CIO. This group would include interested Members and representatives from the local arts community.

Councillor Nicholls said that she had taken part in both previous Arts in East Herts events. She welcomed the proposals and expressed her strong support for the proposal. She highlighted a significant unmet need for support for artists and creatives in East Herts.

Councillor Nicholls emphasised that any future organisation should not be wholly council-run and should have dedicated trustees and organisations to focus on delivery and what was required by and from artists and creatives and the local community. She said that a diverse and relevant expertise and experience was vital.

Councillors Nicholls said that whatever entity was set up should have trustees that were representative of those different stakeholders. She referred in particular to having trustees from the creative community, the education sector, consumers, venues and arts advisers.

Councillor Nicholls supported the idea of a charitable model (CIO or CLG) and between 5–9 trustees would be a good option to represent the breadth of knowledge and diversity required to run a successful organisation.

Councillor Wyllie said that he had some concerns about how the trustees maybe appointed and he suggested a nomination only process with no appointment to avoid any political input. He said there could be a service level agreement on the charity to give the council control over any financial input.

Councillor Horner said that having a CIO was the best way forward to ensure a robust corporate governance framework or body where there were going to be people employed by a charitable organisation. He said that an organisation that was at arm’s length was required as East Herts Council may be wound up due to LGR.

Councillor Carter talked about the remit of the charity and said that there should be clarity on the function of any charity that was set up. Councillor Clements said that he was aware of feedback that the current ownership model at BEAM meant that they could not apply for various grants and services.

The Executive Member for Communities said that BEAM being run by the council cut off the option of it being eligible to apply for grants. She set out in detail the proposed model for donations. The Director for Communities said that Officers had sought legal advice from Browne Jacobson, and this company had a track record of advising councils on the legality of setting up charities.

Councillor Nicholls proposed, and Councillor Wyllie seconded, a motion that Members had provided feedback to the Executive Member for Communities on the emerging proposals to establish an arts-focused charity to enable arts and cultural endeavours primarily within the boundary of the current district of East Hertfordshire.

After being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED – that Overview and Scrutiny Committee have provided feedback to the Executive Member for Communities on the emerging proposals to establish an arts-focused charity to enable arts and cultural endeavours primarily within the boundary of the current district of East Hertfordshire.