Agenda and minutes

Discretionary Rate Relief Sub-Committee - Wednesday, 28 January 2015 3.30 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Jason Habbershon 

Note: Meeting to be held at 3.30 p.m. or on the rising of Cabinet, whichever is the later. 

Items
No. Item

DRR/28

ELECTION OF CHAIRMAN

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Graham Vincent be elected Chairman for the meeting.

DRR/29

APOLOGIES AND RECONSTITUTION OF MEMBERSHIP

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

There were no apologies for absence and there had been no changes in membership of the Sub-Committee, and therefore reconstitution of membership was not necessary.

DRR/30

DECLARATIONS OF INTEREST

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that there were no declarations of interest.

DRR/31

LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That, should discussion be necessary, the items in Part II of the Agenda be dealt with following the exclusion of the press and public.

DRR/32

CONSIDERATION OF APPEAL AGAINST EXECUTIVE DECISION TO REFUSE AN APPLICATION FOR DISCRETIONARY RATE RELIEF MADE BY KENDAL TOWN FOOTBALL CLUB - 53050371 pdf icon PDF 186 KB

Further to the deferral of a decision of this matter by the Sub-Committee on 10 December 2014 (DRR/26 (2014/15)), to give further consideration to an appeal against an Executive Decision made under delegated powers to refuse an application for Discretionary Rate Relief.

 

Please also see Part II Appendix 5.

Additional documents:

Minutes:

(ASSISTANT DIRECTOR (RESOURCES)/SECTION 151 OFFICER)

 

Summary

 

Further to the deferral of a decision by the Sub-Committee on 10 December 2014 (DRR/26 (2014/15)), further consideration was given to an appeal made by Kendal Town Football Club against an Executive Decision made under delegated powers to refuse an application for Discretionary Rate Relief.

 

Following the deferral, Kendal Town Football Club had provided the additional information requested by the Sub-Committee which was included in Appendix 5 to the Report.

 

The Revenue and Benefits Manager advised the Sub-Committee that a further letter had been received from the appellant. The Chairman agreed to take account of the letter, and copies were circulated to all present.

 

Note – Details regarding membership and the youth players’ register, were provided at Appendix 5 and the further letter circulated at the meeting respectively, and were excluded from inspection by members of the public in accordance with Section 100 (B) of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, and, in all the circumstances of the case, it was considered that the public interest in maintaining the exception outweighed the public interest in disclosing it. Copies of the documents were excluded, as they contained information as described in Schedule 12A of the Act as follows:-

 

-Information relating to any individual. (Paragraph 1)

-Information which is likely to reveal the identity of an individual. (Paragraph 2)

 

Decision

 

RESOLVED – That 25% Discretionary Rate Relief be awarded to Kendal Town Football Club (ref:53050371) for the period 1 April 2014 to 31 March 2015.

 

Reasons for Decision

 

The award of discretionary rate relief is in line with the guidelines set out by Council for determining applications.

 

Alternative Options Considered and Rejected

 

The Sub-Committee, in considering the appeal, could have awarded discretionary rate relief up to 80%, but having regard to the number of members of the club it was considered that 80% relief was not appropriate in this case. The appeal could have been refused, but this was not considered to be in accordance with the policy guidelines.