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Decision details

EDSWR-01-19 Salisbury BID re-ballot 2019

Decision Maker: Cabinet Member for Economic Development and South Wiltshire Recovery

Decision status: Recommendations Approved (subject to call-in)

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

 

1.    To outline the process for the Salisbury Business Improvement District) (BID) proposal re-ballot scheduled to take place in February 2019, in accordance with the BID Regulations (henceforward, ‘the BID Regulations’);

 

2.     To note the activity of Salisbury BID to date and the content of its business plan for a second term (2019-2024), and;

 

3.     To delegate authority to the council’s Section 151 Officer to cast the authority’s votes for its hereditaments within the proposed Salisbury BID boundary.

 

 

Decision:

I approve the decisions set out in the attached report.

 

This decision was published on 30 January 2019 and will come into force on 7 February 2019.

 

Reasons for the decision:

1.    To perform Wiltshire Council’s duties as the relevant billing authority and Ballot Holder in accordance with the BID Regulations;

 

2.    To recognise the activity of the Salisbury BID in its first term (2014-19) and consider the content of its business plan for the proposed second term (2019-2024), and;

 

3.    To ensure that the council’s votes are counted in the Salisbury BID re-ballot.

Alternative options considered:

1.    As set out in regulation 12 of the BID Regulations, under section 51(2) of the Local Government Act 2003 the relevant billing authority (which in this case is Wiltshire Council) may veto BID proposals under prescribed circumstances, which are where the billing authority is of the opinion the BID arrangements are likely

 

a)    To conflict to a material extent with any policy formally adopted by and contained in a document published by the authority; or

 

b)    To be a significantly disproportionate financial burden on any person or class of persons and

 

i)               That burden is caused by the manipulation of the geographical area of the BID or by the structure of the BID levy; and

 

ii)              That burden is inequitable

 

The BID proposer has discussed the BID proposals with the authority before submitting its BID proposals formally.  Council officers’ have considered the proposed business plan carefully as outlined at paragraph 21 of the attached report and believe the proposed BID arrangements are not likely to conflict to a material extent with formally adopted policy, nor to be a significantly disproportionate financial burden on any person or class of persons in the proposed BID area.  The option to veto the BID proposals is therefore rejected.

 

2.    The council is entitled to vote in the BID re-ballot, because it falls within the class of non-domestic ratepayers to be liable for the BID levy described in the BID proposals (as set out in further detail in the attached report).  This does not oblige the council to vote, but it is recommended that authority be delegated to the council’s Section 151 officer to cast the council’s votes on its behalf, to ensure that it is represented in the BID re-ballot outcome.

Publication date: 22/01/2019

Date of decision: 30/01/2019

Date comes into force if not called in: 07/02/2019

Call-in deadline date: 06/02/2019

Accompanying Documents:

 

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