Agenda item

Planning and Economic Development Portfolio

To consider report PES/421 of the Head of Economy and Planning.

RESOLVED

That the Cabinet:

a)         Agrees that the Council continues to perform the role of billing authority for a further five years, collecting the BID levy on behalf of the Manor Royal BID, subject to the BID securing renewal.

b)         Agrees and request that the Chief Executive as Returning Officer and Ballot holder should hold a Ballot for the Manor Royal BID Renewal proposal.

c)       Agrees that the Head of Governance, People and Performance be authorised to complete the necessary legal agreements required for the BID levy operation together with any other necessary documents for the proposed BID renewal.

c)         Agrees the proposal from the Manor Royal BID to support the renewal of the BID (BID 3) for a further five-year term. 

d)         Requests the Leader of the Council to cast the vote (for the Council’s own rated properties in the Manor Royal BID area) in accordance with the Cabinet decision for 2.1d) during the period of Ballot (see section 7of report PES/421).

Reasons for the Recommendations

Since the outcome of the Ballot for the Manor Royal BID’s second term permitted a maximum five-year BID period to 31 March 2023, a renewal Ballot for a third term is therefore required amongst Manor Royal levy payers to determine whether the majority wish for the Manor Royal BID to continue for a further five years.  Cabinet is therefore being asked to agree the Manor Royal BID’s renewal proposal.

The Borough Council also needs to determine whether it wishes to continue to undertake the role of billing authority, collecting the BID levy on behalf of the BID, subject to legal agreement.

The BID Regulations require the Council as “billing authority” to instruct the “Ballot Holder” to hold the renewal ballot. The Ballot Holder is “the person the relevant billing authority has appointed under section 35 of the Representation of the People Act 1983 (a) as the Returning Officer for elections to that authority” – i.e., the Chief Executive.

Given the Council owns three rateable property hereditaments in the Manor Royal BID area (see Section 6.8), it will be required to pay a BID levy should the BID be renewed for a third term.  This entitles the Council to vote during the period of the BID Ballot as a levy payer.

The Council is required to ensure that the process associated with BID renewal and the operation of the Manor Royal BID during a third term (subject to a “YES” vote) is undertaken in accordance with the Business Improvement Districts (England) Regulations 2004.

The Leader of the Council invited the Head of Economy and Planning to present report PES/421.  The report sought Cabinet support for the renewal of the Manor Royal BID for a third five-year period, for the Manor Royal BID’s Business Plan 2023-2028 and Cabinet approval for the Council to continue to undertake the role of Ballot Holder, as well as Billing Authority for the BID, should a majority of BID levy payers vote to continue the BID.  The Cabinet were reminded that Manor Royal BID was the largest in the South East, comprising of over 600 businesses, 30,000 jobs and over 9 million sqf of commercial space. 

Councillor Jones spoke in support of renewing the BID. 

RESOLVED

That the Cabinet:

a)      agrees that the Council continues to perform the role of billing authority for a further five years, collecting the BID levy on behalf of the Manor Royal BID, subject to the BID securing renewal.

b)      agrees and request that the Chief Executive as Returning Officer and Ballot holder should hold a Ballot for the Manor Royal BID Renewal proposal.

c)      agrees that the Head of Governance, People and Performance be authorised to complete the necessary legal agreements required for the BID levy operation together with any other necessary documents for the proposed BID renewal.

d)      agrees the proposal from the Manor Royal BID to support the renewal of the BID (BID 3) for a further five-year term. 

e)      requests the Leader of the Council to cast the vote (for the Council’s own rated properties in the Manor Royal BID area) in accordance with the Cabinet decision for 2.1d) during the period of Ballot (see section 7of report PES/421).

Reasons for the Recommendations

Since the outcome of the Ballot for the Manor Royal BID’s second term permitted a maximum five-year BID period to 31 March 2023, a renewal Ballot for a third term is therefore required amongst Manor Royal levy payers to determine whether the majority wish for the Manor Royal BID to continue for a further five years.  Cabinet is therefore being asked to agree the Manor Royal BID’s renewal proposal.

The Borough Council also needs to determine whether it wishes to continue to undertake the role of billing authority, collecting the BID levy on behalf of the BID, subject to legal agreement.

The BID Regulations require the Council as “billing authority” to instruct the “Ballot Holder” to hold the renewal ballot. The Ballot Holder is “the person the relevant billing authority has appointed under section 35 of the Representation of the People Act 1983 (a) as the Returning Officer for elections to that authority” – i.e., the Chief Executive.

Given the Council owns three rateable property hereditaments in the Manor Royal BID area (see Section 6.8), it will be required to pay a BID levy should the BID be renewed for a third term.  This entitles the Council to vote during the period of the BID Ballot as a levy payer.

The Council is required to ensure that the process associated with BID renewal and the operation of the Manor Royal BID during a third term (subject to a “YES” vote) is undertaken in accordance with the Business Improvement Districts (England) Regulations 2004.