Issue - meetings

Supermarket Premises, Britton Farm Shopping Centre, High Street, Gillingham - Company Voluntary Agreement

Meeting: 23/02/2017 - Council (Item 775)

775 Use of Urgency Provisions pdf icon PDF 22 KB

This report provides details of a decision taken by the Leader under the executive side (Cabinet) special urgency provisions contained within the Constitution.

Minutes:

Discussion:

 

This report detailed a decision taken by the Leader under the executive side

(Cabinet) special urgency provisions contained within the Constitution.

 

The Leader of the Council, Councillor Jarrett, supported by the Deputy Leader

and Portfolio Holder for Housing and Community Services, Councillor Doe,

proposed the recommendation in the report.

 

Decision:

 

The Council agreed to note the report.


Meeting: 26/01/2017 - Cabinet (Item 1)

1 Supermarket Premises, Britton Farm Shopping Centre, High Street, Gillingham - Company Voluntary Agreement

This report, in the opinion of the Proper Officer, contains exempt information under paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, and, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.

Minutes:

Background:

 

This exempt report provided details of the proposed company voluntary agreement relating to the above premises, with reference to the creditors’ meeting being held on 27 January 2017.

 

The exempt report noted that the urgency provisions were set out in the Constitution (paragraph 3.2 of Part 3 (Responsibility for Cabinet functions) of Chapter 3 (Responsibility for Functions) of the Constitution.

 

The Chairman of the Business Support Overview and Scrutiny Committee had agreed that the taking of these decisions were urgent and could not be reasonably deferred, in accordance with Rule 17 (Special Urgency) of the Access to Information Rules (Part 2 of Chapter 4 in the Constitution). This was because the Creditors’ meeting was due to take place on 27 January 2017, therefore, it was not possible to defer consideration until the next Cabinet meeting which was due to be held on 7 February 2017.

 

Additionally and in line with rule 15.11 of Chapter 4, Part 5 of the Constitution, call-in could be waived where any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the Public’s interests. The Chairman of the Business Support Overview and Scrutiny Committee had agreed that the decisions proposed were reasonable in all the circumstances and to them being treated as a matter of urgency and to waive call-in.

 

Decision number:

Decision:

187/2017

The Leader agreed to authorise the Chief Legal Officer to vote in favour of the Company Voluntary Agreement (CVA) as set out in paragraph 2.4 of the report at the creditors’ meeting to be held on 27 January 2017, and to take any other necessary steps to mitigate the Council’s financial exposure in this matter.

188/2017

The Leader agreed that this decision is considered urgent and therefore should not be subject to call-in.

 

Reasons:

 

This represents the best outcome for the Council on this occasion.