The Abbey Theatre & Arts Centre
Two-times Godiva Award winners

Asbestos Situation Update June 8th                   

What's the latest?

Members of the Arts Council met with Alan Franks (NBBC Community Services Director) and Jon Russell () to discuss the offer made by the Authority earlier that week at a special Cabinet Meeting. The offer made to the NAC was this:

1. Subject to it being established that NAC can safely be used, without prejudice, the Council will meet the regular monthly commitments of the Arts Centre (on production of invoices) up to 1st September 2003, insofar as is necessary to enable the use of the Arts Centre

2. The Culture, Recreation, Health and Environment OSC be asked to consider the options to enable the Nuneaton Arts Centre Committee to continue and the longer term provision of Arts in the Borough and report back to Cabinet by 1st September 2003

3. A further report be submitted to a future meeting of Cabinet on the implementation of the Corporate Property Maintenance Programme including the prioritisation and extent of works necessary following the condition survey reports carried out in October 2001

Item 1 is to be investigated and hopefully taken up, although this falls far far short of our needs. Without the replacement in full of the equipment  and seating lost due to contamination along with loss of income etc, the Abbey stands little chance of re-opening the theatre.

The delay in a final decision from the NBBC effectively hamstrings all plans to start the restitution that needs to be done by our own volunteers. The OSC has a meeting scheduled for July 22nd, which will report back to another special Cabinet meeting yet to be set for early August. However, this means that a final statement from the NBBC as to whether they will or will not support the need for the cash to replace and repair is unlikely to be made until that Cabinet meeting - possibly not even then!

Without that statement of support or lack thereof, the Arts Council can not move forward. Until that decision is made, it seems unlikely that the walls removed by the contractors will be replaced, and until that has been done, we cannot even consider any of the other work needed, such as re-installation of the electrics in the control room, re-fitting of the lighting & sound areas (even if we had the equipment).

A report was drafted and e-mailed to each member of the NBBC Cabinet, as well as the OSC mentioned above.
A copy of this report can be found below.

What Can I DO???

What we need at this moment from our members, friends and concerned public is as large a show of support as possible. We have published here a list of the Cabinet members, and those who serve on the OSC.

Please take the time to write to each of these council representatives or to our MP, Bill Olner, and show YOUR support for the Abbey Theatre. (Please also send a copy to support@abbeytheatre.co.uk so we can keep track of the contacts) 

Either cut and paste these e-mail addresses into your mail software or write to them, care of
Nuneaton & Bedworth Borough Council, the Town Hall, Coton Road, Nuneaton, CV11 5AA

Thank you for your support.

Memo sent to the Cabinet & OSC        May 23rd 203

As a result of the meeting between myself, members of the NAC committee, Alan Franks and Jon Russell of NBBC, I was asked to draft a brief statement to be circulated to the Cabinet regarding clarification of the major points of the asbestos issue.

The Arts Council and it’s members believe that had the representatives of the NBBC acted according to guidelines set out by the H & S E the instances of contamination within the Abbey Theatre would not have occurred. Those guidelines, expected to be included in a revised version of the Control of Asbestos at Work Regulations include:

• take reasonable steps to determine the location and condition of Asbestos Containing Materials (ACM) in their buildings;

• presume that materials contain asbestos unless there is strong evidence to suggest they do not;

• compile and maintain an asbestos register;

• carry out a risk assessment and formulate an action plan to deal with any risks identified;

• pass on information about the ACM to those who need to know, and in particular to anyone who is liable to disturb it;

• and keep a check of the condition of the identified and presumed ACM

Source - http://www.legal500.com/devs/uk/ev/ukev_067.htm

Whilst the asbestos survey by BES Consultants in March 2003 was carried out in consideration of these guidelines, we believe that the NBBC failed to honour them in view of the fact that in October 2001 the Building Stock Condition Survey (compiled by the Allen Cavanaugh Partnership) asbestos material was suspected as being located in certain areas of the building. In addition, a sample was removed from site in October 2002 by an employee of the Borough Surveyor’s office and submitted for tests. Said employee assured NAC personnel at the time of taking this sample that he had identified the material as a non-asbestos substitute which was safe to work on. The sample was taken as a precaution.

Furthermore, after discussions with members of the original Arts Council since the findings and subsequent closure of the building, we have been advised that during the early stages of conversion of the former drill hall to an arts venue, the asbestos was installed under the express instruction of the Borough Council at the time, although funding for the work came from the NAC. As this was subject to the regulation of the time, it was also subject to regular inspection and should be a matter of public record, both for the construction and the inspections.

All of these issues lead us to the conclusion that the NBBC must take sole responsibility for the asbestos incident and the liability attached thereto. The Arts Council will also be seeking advice from the H & S E at an appropriate juncture.

Lease Conditions

It may be demonstrated that the NAC may have been technically in breach of our conditions of lease with the NBBC. However, we feel that any attempt to penalise the volunteers for what would, under normal circumstance, have been a very minor transgression, could be seen as an attempt to shift focus away from the key issue of liability. It could be held that the failure of the Authority as specified above constitutes a far greater breach of that agreement.

One additional point that should be made with reference to the work carried out is that the enlargement of the window in question was not the sole source of disturbance of the asbestos materials. During the execution of rewiring works (advice of which had been duly submitted) there was just cause for holes to be made in wall boards, and significant instances of items being screwed to those walls, all of which we now believe contributed to the contamination.

What we need to continue.

As you have been advised within prior reports from the NAC, a large quantity of technical equipment was deemed uncleanable, and consequently destroyed. Unless the majority of this equipment is replaced, the Abbey Theatre can not function in any way as a viable venue for performance arts activities. The same stands for the 6 rows of seats and the carpet upon the floor in the auditorium.

The overall cost of the rewire project was expected to approach £20,000, all of which was budgeted from proceeds of the year to date, as well as agreed staged payments to at least one major supplier. As a result of the closure, and the cancellation of six months of theatre programming we have, as you know, been left with significant outstanding debts. The main creditors have, up to now, been extremely patient and understanding of our situation, but as those debts were incurred in February those suppliers are becoming understandably reticent regarding our ability to settle.

In short, the basic requirements of the NAC are as follows:

1. Replacement of all internal walls removed by asbestos contractors

2. Replacement of 6 rows of auditorium seats and associated carpeting

3. Full recompense for loss of income over the period March to July (as detailed) to allow us to settle outstanding major debts

4. Full recompense for all items lost due to contamination by asbestos (with particular notice being drawn to those items belonging to volunteers)

5. Full recompense for out of date bar stock to allow for the replenishment of the facilities

Items 1 through 3 are essential in the short term to the survival of the venue, as this means that work may continue on the restitution of the facilities. A positive decision on item 4 is also essential, but may be forestalled for a short time. However, this must also be covered to allow resumption of the theatre’s main finance generation activities. Item 5 will need resolution before the venue opens again for business.

Without the FULL support of the NBBC in this matter, the Nuneaton Arts Council fears that it will become increasingly difficult to resume arts activities as time passes. Not only would the closure of the theatre affect the NAC itself, approximately 25 amateur groups and organisations would be made homeless, and thus be forced to disband. All of those groups were detailed in the annual report, submitted to the NBBC earlier this year.

Chair, Abbey Theatre & Arts Centre

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Last modified: 26-Jan-2011