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Issue details

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

Summary

This report will ask the Leader, using urgency powers, to authorise the Chief Legal Officer to vote at the Creditor’s meeting on 27 January 2017 in respect of the proposed company voluntary agreement relating to the above premises.

 

Access to Information

The report together with any other documents being considered (unless they contain exempt information) would ordinarily be available for inspection 5 clear days before the decision is taken by the Cabinet. Copies are available on the Council's website or requested from Democratic Services Medway Council, Gun Wharf, Dock Road, Chatham, Kent, ME4 4TR or email democratic.services@medway.gov.uk If you wish to submit information to the Cabinet about the item please also contact Democratic Services.

 

On this occasion it has not been possible to provide 28 clear days’ notice, nor 5 clear days’ notice, therefore Sections 5 (Procedures prior to private meetings) and 11 (Cases of special urgency) of the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 and Rule 17 (Special urgency) of the Council’s Access to Information Rules, as set out in the Constitution, have been complied with. The Chairman of the Business Support Overview and Scrutiny Committee has agreed that consideration of this report is urgent and cannot be reasonably deferred until the next Cabinet meeting on 7 February 2017 because the creditors’ meeting takes place on 27 January 2017.

 

Additionally, in line with rule 15.11 of Chapter 4, Part 5 of the Constitution, call-in can 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 has agreed that the decisions proposed are reasonable in all the circumstances and to them being treated as a matter of urgency and to waive call-in.

 

Notice of Intention to Conduct Business in Private

This report will contain some information which the Cabinet may decide to consider in private. This is because, in the view of the Proper Officer, consideration of the information in public would give rise to the disclosure of exempt information as described in paragraph 3 of Schedule 12A of the Local Government Act 1972 - information relating to the financial or business affairs of any particular person (including the authority holding that information). Should you wish to make any representation for the discussion of this item to be held in public, you should contact: Democratic Services, Medway Council, Gun Wharf, Dock Road, Chatham, Kent, ME4 4TR or email democratic.services@medway.gov.uk

  

It is noted that the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 requires 28 clear days’ notice of a Cabinet meeting to be held in private. On this occasion it has not been possible to provide this 28 clear days’ notice. The Chairman of the Business Support Overview and Scrutiny Committee has agreed, in accordance with the provisions of the 2012 Regulations, that this matter is both urgent and cannot be reasonably deferred until the next Cabinet meeting on 7 February 2017. The Creditor’s meeting takes place on 27 January 2017, therefore, it is not possible to defer consideration until the next Cabinet meeting which will be held on 7 February 2017. A report will be submitted to Cabinet on 7 February 2017 dealing with the premises lease.

 

The Cabinet’s response to any representations will be published on 26 January 2017 within the Cabinet Agenda. A final decision on whether this item will be determined in private will be taken during the meeting.

Decision type: Key

Decision status: Decision made

Notice of proposed decision first published: 26/01/2017

Decision due: 26 Jan 2017 by Cabinet

Lead member: Councillor Alan Jarrett, Leader of the Council alan.jarrett@medway.gov.uk, Councillor Adrian Gulvin, Portfolio Holder for Resources adrian.gulvin@medway.gov.uk

Lead director: Perry Holmes

Department: Business Support Department

Contact: Noel Filmer, Head of Valuation and Asset Management Email: noel.filmer@medway.gov.uk Tel: 01634 332415.

Relevant Overview and Scrutiny Committee:: Business Support

Agenda items