Management and Maintenance of the Havre des Pas Site (P.94/2025): comments

STATES OF JERSEY

MANAGEMENT AND MAINTENANCE OF THE HAVRE DES PAS SITE (P.94/2025): COMMENTS

Presented to the States on 7th November 2025 by the Council of Ministers

STATES GREFFE

2025  P.94 Com.

COMMENTS Background

The Council of Ministers does not support this proposition.

Ministers note that the proposition has been lodged outside of the established Standing Order 168 process for challenging proposed land transactions, and that it was lodged prior to the planned announcement of the outcome of an Expressions of Interest process regarding the Havre des Pas Bathing Pool and Café.

Ministers nevertheless respect the right of any States Member to lodge a proposition on any subject they choose, within Standing Orders. Ministers also fully respect the Standing Order 168 process.

The  Minister  for  Infrastructure  ("the  Minister")  has  therefore  been  clear  in correspondence with Deputy Warr and all States Members that he would not sign a lease until the 15-working day notice period set out in Standing Order 168 has been met, and any proposition that results from that notice period, or P.94/2025, has been debated. Furthermore, the Minister will support Deputy Warr 's request for a reduced lodging period in order that P.94 can be debated at the 11th November sitting, which is within the 15-working day notice period. Ministers recognise, however, that this decision for a reduced lodging period is a matter for the Assembly as a whole. The Minister's approach seeks to uphold established public procurement and Assembly processes and respects and upholds the ultimate sovereignty of the Assembly in relation to these matters.

Ministers agreed collectively on 30th October that, notwithstanding the lodging of P.94/2025 on 28th October, the Minister for Infrastructure should proceed to announce the outcome of the Expressions of Interest process, as planned, on 31st October 2025. It was considered that Members being aware of the outcome of the Expressions of Interest process would enable a more informed and transparent debate.

Context

The Havre des Pas Bathing Pool and Café is a much-loved and historic community asset. It is regrettable that the operation of the Lido has been subject to various political and legal arguments in recent years in respect of the current occupier. It is recognised, however, that it is not the intention of the proposition to debate these arguments again, or to debate the status of the current occupier. The Minister for Infrastructure has made the legal position clear in this respect in correspondence which was copied to all States Members.

A year ago, Deputy Warr lodged P.68/2024, which sought a tender process for the Havre des Pas Bathing Pool and Café, and to allow the current occupier to remain at the Lido until the tender process was complete. P.68/2024 was ultimately withdrawn following discussions and agreement between Deputy Warr , the Chief Minister, and the Assistant Minister for Infrastructure ( Connétable Crowcroft ). Although P.68/2024 wasn't debated or voted upon, the request set out in the proposition has been met – an independent process has taken place to identify an operator for the site, and the current occupier was given a licence, signed on 19th December 2024 and expiring on 25 December 2025 (see Annex 1), to regularise their occupation of the premises until the expiry of the Notice to

Quit which was validly served on 29th October 2024 in accordance with the Loi (1919) sur la Location de Bien-Fonds (see Annex 2).

It is therefore disappointing to see a proposition from Deputy Warr seeking to halt and overturn the very process that he sought to enact a year ago, and which has been duly carried through.

In summary, with respect to the current occupier and the intention to issue a lease to a new operator commencing on 1st January 2026 –

• A Notice to Quit was validly served by the Viscount's Department on The Lido (Havre Des Pas) Limited on 29 October 2024. From this date, The Lido (Havre Des Pas) Limited had express notice that they were to vacate the premises on or before Christmas Day 2025.

• A licence agreement was signed on 19th December 2024. Express reference is made to the Notice to Quit at Clause 2.5(c) of the licence.

• It is clear, from the terms of the licence agreement, that it does not displace or otherwise undermine the efficacy of the Notice to Quit.

• The  licence  agreement  terminates  on  25th  December  2025,  in  any  event. Pursuant to Clause 2.10(c), The Lido (Havre Des Pas) Limited is to yield up the Licensed Premises unless otherwise agreed in writing.

• There is no agreement in writing that The Lido (Havre Des Pas) Limited is to remain in occupation beyond 25th December 2025. The Lido (Havre Des Pas) Limited is to give vacant possession of the premises on or before 25th December 2025. They have been informed that the Minister for Infrastructure expects them to make arrangements with Jersey Property Holdings to facilitate the handover of the premises in an orderly manner.

It should be noted that the current occupier has confirmed that they had no involvement in the recent expressions of interest process.

The Proposition

The proposition seeks the termination of the independent process which has led to the announcement of the intention to appoint a new operator for the Bathing Pool and Café, and the immediate transfer of the management and maintenance of the site to a "future charitable body" called Love Our Lido'. The proposition proposes that the site remains in the ownership of the Government, but with site management, operations, safety, and day-to-day maintenance being the responsibility of Love Our Lido'. It further requires an additional £110,000 per annum (£170,000 in total per annum) of taxpayers' money to underwrite Deputy Warr 's proposal.

Ministers are concerned that P.94 disregards and seeks to unilaterally overturn the outcome of a properly run and independently overseen Expressions of Interest process. The process was overseen by an independent panel ("the panel") constituted of Deputy Inna Gardiner , Deputy Mary Le Hegarat , and Simon Matthews, Chief Property and Sustainability Officer at the Channel Islands Co-op. A timetable setting out key dates from the expressions of interest process can be found in Annex 3. It is of course the right of Members to set aside that process should they so wish, but the result would be more delay, wasted costs, and stagnation. It would also set a precedent and a warning that the outcome of independent public processes may not be respected by the States Assembly.

The Expressions of Interest process resulted in four applicants, and a shortlist of two was subsequently confirmed by the panel. The two shortlisted parties were asked to submit detailed plans for their proposed use of the facility.

Importantly, both shortlisted applicants were acceptable, but Love Our Lido scored slightly higher than Firstpoint and were therefore awarded preferred applicant status. Firstpoint were advised that they had come second and that Love Our Lido would have until 26th September to agree terms. Should this not be achieved, then Firstpoint would be invited to enter into detailed discussions.

Following constructive but ultimately unsuccessful negotiations with Love Our Lido, discussions were commenced with Firstpoint and proved successful, concluding by mid- October, followed by a period of Due Diligence.

The intended appointment of Firstpoint Property Services as the new operator at Havre des Pas is a positive outcome from the process. Firstpoint are a local business with experience in the hospitality and tourism industry, including of successfully operating beachside concessions.

Importantly,  the  Bathing  Pool,  changing  rooms,  and  toilets  will  remain  free  and accessible to the public throughout the year. Firstpoint have committed to investing in the Lido, supporting the users of the pool, promoting greater community involvement and increasing the range of activities available to the public. They are also committed to working with community groups as the new tenant, including youth groups.

It is of further and particular concern that the proposition, whilst seeking to set aside the recent  expressions  of  interest  process,  then  proposes  that  the  site  be  unilaterally transferred, with no further process, to "Love Our Lido" as a "future charitable body". Ministers are not opposed in principle to the site being led and managed by a charity, but the reality is that "Love Our Lido" is not a charity. This was a key reason why Love Our Lido' had their preferred applicant status withdrawn.

Adopting this proposition would result in Jersey Property Holdings taking vacant possession of the site on 25th December 2025, with no operator then able to commence operations from 1st January 2026. Should the proposition be rejected, we can then move forward with a new operator at the Lido from 1st January 2026 and put years of uncertainty behind us.

By seeking an additional £110,000 of taxpayers' money per year, further to the £60,000 per annum that was proposed to all parties at the outset of the process (a total of an additional £990,000 over the life of the lease), Members are being asked to commit more public money than is necessary and at the same time reject the opportunity for fresh private investment in the facility.

It  should  be  noted  that  Firstpoint  have  agreed  to the  original  terms  on  a  public commitment of £60,000 per annum as was proposed from the outset of the process.

Future Bookings

We are aware that bookings and deposits have been improperly made and taken for 2026 by the current occupier, despite them having been served a Notice to Quit on 29 October 2024, which stated that the occupier was to give vacant possession by 25th December 2025. Likewise, the licence agreement dated 19th December 2024 stated that it was to

terminate on 25th December 2025 and the licensee was to yield up possession of the premises on this date.

Accordingly, bookings and deposits for any such events scheduled to take place after 25 December 2025 should not have been made and taken, or at the very least people should have been notified that their booking would be subject to a new lease being agreed.

Firstpoint have committed to speak to anyone who has such a booking and to reserving dates in 2026 in order that their event can proceed. Discussions in respect of deposits would need to be between the current occupier and any person with a booking to resolve, but full refunds should be expected.

Conclusion

Debate and discussions around the operation of the Lido have been ongoing for too long. It is time to move forward and make a fresh start. That opportunity awaits with a proven and experienced local business who are rooted in the community. By respecting the expressions of interest process, and rejecting P.94, Members can take that opportunity.

Statement under Standing Order 37A [Presentation of a Comment relating to a proposition]

P.94/2025 is scheduled for debate at the 25th November sitting, and on that basis a comment would be due by noon on 21st November.

Given, however, that Deputy Warr has indicated his intention to request a reduced lodging period, a comment is being presented in advance of the 11th November sitting. The Minister for Infrastructure is supportive of this request for a reduced lodging period. Insofar as a noon deadline would apply in anticipation of the reduced lodging period being accepted, the comment was submitted after noon on 7th November in order that a States Member's briefing on this subject could take place beforehand, and any questions that arose from that briefing could be addressed in the comments.

Annex 1 – Licence signed 19/12/2024

Annex 2 – Record of Service of Notice to Quit  

Annex 3 – Expressions of Interest Timetable

2025  P.94 Com.

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