Agenda item

            The Board received a report of the Strategic Director, Corporate and Policy which sought approval for the entering into legal commitments on the Queen’s Hall Studio including disposal of the freehold at nil consideration to Loose Music.

            At its meeting of 22 June 2006 the Executive Board Sub Committee granted an exclusivity agreement to Loose Music to enable them to put together a package to develop a music and arts education and entertainment project at Queen’s Hall Studio (Minute ES9/2006 refers).

            It was noted that the studio was quite distinct from the Queen’s Hall. Originally two separate buildings they were latterly joined by a link extension. The report related solely to the Studio and did not include either the link or the Queen’s Hall itself. The Studio was considered as a stand alone facility.

            In July 2007 the District Valuer (DV) was asked to consider the Capital Value of a long lease on the property. The DV’s opinion was that, had the building been in good order, its value would have been £238, 000 but in view of the capital investment required to put the building in good order of in excess £600, 000 it clearly had a negative value. The DV therefore recommended that the Council could consider disposing of the property for a nominal amount.

            In order to progress and secure the offer of Community Asset Grant funding, it was necessary to enter into an agreement with Loose Music by 25 April 2008 regarding the acquisition of the building. It was not possible to report this to a meeting of the Executive Board within the time available. The Chief Executive therefore, under power delegated to him under article 17.01(c) of the Constitution, and having consulted the Leader and Deputy Leader, amended the Articles of the Constitution on this occasion and in relation only to the proposal by Loose Music or any entity emerging from Loose Music to refurbish the Queen’s Hall Studio as a music studio.

This amendment was to add to 'Article 14 - Decision Making' a delegated power (as Article 14.10) which empowered him on behalf of the Council to authorise any Council officer to enter into legal commitments including disposal of freehold at nil consideration to Loose Music or any entity emerging from Loose Music in relation to Loose Music's proposal to refurbish the Queen's Hall Studio as a music studio. He thereby authorised the Strategic Director, Corporate and Policy and the Strategic Director, Environment and their subordinate officers to enter into legal commitments including disposal of the freehold of the Queen’s Hall Studio at nil consideration to Loose Music or any entity emerging from Loose Music in relation to Loose Music's proposal to refurbish the Queen's Hall Studio as a music studio ('the Proposal'). Such disposal was to be subject to claw-back provisions in the event that the land was used for purposes other than as a music studio.

The amendment to the Constitution (new 14.10) was made and this additional delegated power exercised by the Chief Executive having regard to:-

·              the urgency of the situation namely the pressing need for a decision on the Council's legal commitment to the Proposal;

·              the social, environmental and economic benefits for Halton of the Proposal;

·              the extent to which the Proposal furthers the Aims and Objectives and Vision of the Council;

·              the extent to which the Proposal furthers the Council's key priority areas;

·              the need for an early decision if critical external funding from the Big Lottery Fund was not to be jeopardised;

·              an assessment of the benefits, risks and the management of those risks in relation to the Council's legal duties and the Council’s and the community's interests in the Proposal;

·              the Council’s legal duties in respect of its assets; and

·              the existing partnering agreement between the Council and Loose Music in relation to the Proposal.

RESOLVED: That the actions of the Chief Executive in consultation with the Leader and Deputy Leader be noted.