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Agenda and minutes

Agenda and minutes

Venue: Conference Room A - Civic Offices. View directions

Contact: Vicki Plytas 02392 834058  Email: vicki.plytas@portsmouthcc.gov.uk

Items
No. Item

20.

Declarations of Members' Interests

Minutes:

Councillor Galloway had received advice from the City Solicitor that he was unable to participate in the meeting because he has a disclosable pecuniary interest in that he is employed by Brittany Ferries.

No other interests were declared.

21.

Apologies for Absence

Minutes:

Councillor Galloway sent apologies for not being able to participate in the meeting for the reasons already stated.

22.

Forward Plan Omission

The decision relating to the report from the Port Manager, International Port entitled " Portsmouth International Port - Brittany Ferries Agreement" is a Key Decision for the purposes of the Forward Plan as defined in Article 13 of the Constitution but was not included in the Forward Plan for the period from 14 September to 31 December 2016 and is therefore an omission from the Forward Plan and also an omission of explanation of exempt information.

 

Article 13 defines a Key decision as an Executive decision which is likely to:

result in the Council incurring expenditure or the making of savings which are significant having regard to the local authority's budget for the service or function to which the decision relates, or be significant in terms of its effects on communities living or working in an area comprising 2 or more wards in the city's administrative area.

 

The Chair of the City Council's Scrutiny Management Panel has been notified that the decision is being made, in accordance with the City Council's Constitution (Access to Information Procedure Rules, Rule 15).

 

The reason why urgent action has to be taken in connection with this proposal is that a key member of staff will be shortly leaving the council's employment and that it is important to conclude the commercial agreement forthwith.

 

As the decision must be taken by such a date that it is impracticable to defer the decision until it has been included in the next forward plan, this decision will not be subject to call-in.

 

Minutes:

The Forward Plan omission was noted. 

The Chair of the Scrutiny Management Panel had been notified that the decision is being made in accordance with the City Council's Constitution (Access to Information Procedure Rules, Rule 15) and that urgent action had to be taken to enable a commercial agreement to be concluded forthwith. It was also noted that for this reason, the decision would not be subject to call-in.

23.

Exclusion of Press and Public

(NB Please note that appendices 1 and 2 of this report are Exempt and if Members wish to refer to them, there is provision to do so following the exclusion of the press and public)

 

That in view of the contents of the following item on the agenda the

Leader of the Council with responsibilities for PRED is

RECOMMENDED to adopt the following motion:

 

“That, under the provisions of Section 100A of the Local Government

Act, 1972 as amended by the Local Government (Access to Information)

Act, 1985, the press and public be excluded for the consideration of the

following item on the grounds that the appendix to the report contains

information defined as exempt in Part 1 of Schedule 12A to the Local

Government Act, 1972”.

 

Under the Local Authorities (Executive Arrangements) (Meetings and

Access to Information) England Regulations 2012, regulation 5, the

reason for exemption of the listed item is shown below.

 

(NB The exempt/confidential committee papers on the agenda will

contain information which is commercially, legally or personally

sensitive and should not be divulged to third parties. Members are

reminded of standing order restrictions on the disclosure of exempt

information and are invited to return their exempt documentation to the

Senior Local Democracy Officer at the conclusion of the meeting for

shredding.)

 

The public interest in maintaining the exemption must outweigh the

public interest in disclosing the information.

 

Item                                                                            Exemption Para No.*

5                                                                                              3

*Paragraph 3 - Information relating to the financial or business affairs of

any particular person (including the authority holding that information)

Minutes:

The Leader of the Council with responsibilities for PRED advised that she would like to keep the proceedings in open session unless any member wanted to refer in detail to the exempt appendices.  This was agreed.

24.

Portsmouth International Port - Brittany Ferries Agreement pdf icon PDF 99 KB

The purpose of the report is to seek approval for a new agreement with Brittany Ferries.

 

RECOMMENDED that:

 

(1)  The draft Heads of Agreement with Brittany Ferries (Exempt Appendix 1) is approved.

(2)  Delegated authority be given to the Port Manager, Director of Finance, and City Solicitor to agree final terms and enter into the agreement.

 

Minutes:

(TAKE IN REPORT)

Martin Putman, the Port Manager introduced the report.  He said that the Port had good working relationships with Brittany Ferries.  Brittany Ferries is the largest customer of the port and wishes to have certainty of their ability to berth their vessels.  The Council wishes to receive a guarantee on some of their income at the port. The draft agreement is therefore beneficial to both parties.

The Leader of the Council with responsibilities for PRED thanked the Port Manager for the report and invited comments from the Opposition Spokespersons.

There were no comments or questions but the opposition spokespersons thanked those who had briefed them about the report.

 

DECISION:

That:

 

                  a)   The draft Heads of Agreement with Brittany Ferries (Exempt Appendix 1) is approved.

 

                  b)  Delegated authority be given to the Port Manager, Director of Finance, and City Solicitor to agree final terms and enter into the agreement.