Agenda item

i)                    To approve the minutes of the meeting of the Advisory Committee held on 16 October 2007  (attached).

 

                        ii)         To consider any matters arising from the Minutes.

                       

                        iii)        To note the draft minutes of the meeting of the Alexandra Palace and Park Board held on 30 October, 5 & 17 December 2007 (Special meetings), Alexandra Palace and Park Panel – 22 & 29 November 2007) and the   Alexandra Palace and Park Consultative Committee of 23 Octoberl 2007.

 

Minutes of the meeting of the Advisory Committee – 16 October 2007

 

                        RESOLVED 

 

That the minutes of the Alexandra Park and Palace Advisory Committee held on 16 October 2007 be confirmed as an accurate record of the proceedings, subject to the amendment of the date in para 3 – page 3 – to read 17 and not 16. 

                       

 

Matters arising

 

(i)                 Page 5 – last bullet point

 

Councillor Dobbie commented on the requirement for a special Advisory Committee or an Urgency Sub Committee and as he was not a Member of the Urgency Sub-Committee asked if he could be notified if any such meeting was called. Councillor Oatway commented that she had originally suggested Councillor Dobbie sit on the Urgency Sub-Committee.

 

The Clerk advised that in the event of any urgent matter requiring consideration by the Urgency Sub-Committee all Advisory Committee Members would be notified of the date and time and were welcome to attend the meeting if they so wished to observe.

 

NOTED

 

(ii)               Page 7 – Resolution (ii)

 

Councillor Oatway sought clarification as to whether the requested maps had been circulated in an A4 mode.  The Park Manager – Mr Evison responded that the maps had been TABLED at the meeting in A3 form. He would undertake to ensure that the maps were sent to all Members in A4 form and he apologised for the oversight.

 

NOTED 

 

(iii)             Page 3 (ii) Cricket Club

 

In response to a query from Jane Hutchinson on progress with the Cricket Club application – Mr Loudfoot advised that no formal proposals had been received as yet. When an application for planning permission was received then the application would come before the Advisory Committee.

 

With reference to Park usage for the proposed new school and  should the football/sport facilities around the park require floodlighting, such matters would be considered by the Advisory Committee.

 

iv)      In response to points of clarification in relation to the attaching of the                                                                                        Judicial Review Judgement to the minutes of the meeting of 16 October 2007 from Mr Aspden, Mr  Hart advised that they were placed on file with the minutes automatically but would not form part of the actual minutes when circulated. Should any Member of the public wish to view the minutes files they would see the copy there for viewing if they so wished.

 

At this point in the proceedings the Chair felt it appropriate for the Committee to discuss the resolution passed by the Board which was attached to the Minutes of the meeting of the Advisory Committee of 16 October 2007.

 

Resolution of the Alexandra Palace and Park Board - 30 October 2007

 

Mr Aspden asked whether it was appropriate to raise the issue of the Judicial Review Judgement at this juncture. On a point of order from Councillor Dobbie that  this part of the meeting should be dealing with Matters Arising from the previous minutes, the Chair ruled that anything relating to the Judicial Review be raised under the item “ Future of the Asset”.

 

The Chair then referred to the deliberations, and resolution,  of the Board, (attached to the minutes) relating to the resolutions of this Committee dated 16 October 2007. The Chair commented that they were clear. 

 

The Committee then discussed the matter further, the main points of the discussion being:

 

·        The total lack of due consideration by the Board of the Advisory Committee advise and recommendations including the previous requests  from the Advisory Committee to have sight of the complete documentation (unredacted) relating to Firoka;

·        ,that the Board is now formally requested, especially in light of the Judicial Review judgement, to ensure that the Advisory Committee are given sight of all of the relevant documents (un redacted) when the Charity Commission commences its further consultation process in order to enable the Advisory Committee to give clear advice to the Board;

 

·        That the Advisory Committee did not wish to be seen as being obstructive and their request was in line with their powers and duties as set out in the 1985 Act, acting in the best interests of the Palace as a whole;

 

·        That the Advisory Committee wish to remind the Board of the stated policy of Haringey in relation to any consultation process and that they should respond to any advice or recommendations proferred to the Board by giving its detailed reasons for either accepting or rejecting such advice;

 

·        That this Committee considered that the Board would be failing in its duties to act in accordance with the 1985 Act by not respond in such a manner;

 

·        That although the Advisory Committee did not have a power of veto of decisions taken by the Board, the Board was required to use its best endeavours to have due regard to the advice provided.

 

The Chair then summarised and it was:

 

RESOLVED

 

 

that in respect of a number of recommendations put to the Board by the Advisory Committee on 16th October 2007 (and the subsequent response of the Board to those recommendations on 30th October  2007) (see attached marked A) the Advisory Committee request the Board to respond to the following points of clarification  in a clear and considered manner giving reasons for either accepting or rejecting the Advisory Committee’s advice:

 

 

i.                    that the decision of the Board on 30th October 2007 not to review and/or reconsider the Board’s responses of 14th November 2006 (as per attachment B), and deferring such consideration until the Charity Commission had indicated its position, was in the view of the Advisory Committee, unacceptable and that it appeared to this Committee that the Board was thereby failing to act in accordance with the 1985 Act;

 

ii.                  that in view of the Judicial Review Decision of 5^th October 2007 that the consultation process carried out by the Charity Commission was flawed; when the Charity Commission  publishes its statement on how it intends to carry out a further consultation the Advisory Committee be provided with the relevant documents (unredacted) in order to enable the Advisory Committee to consider the proposals and express their view and tender advice to the Charity Commission and to the Board;

 

iii.                that the Board be asked to consider the points previously made in respect of the lack of disclosure of the proposed Lease and Project Agreement to the Advisory Committee, and to comment on the view of this Committee that, had proper disclosure been made, the outcome  of the Judicial Review may have been different;

 

iv.                 that the Board should confirm that in respect of this Committee it will in future adopt the policy,  principles and objectives of the London Borough of Haringey and central Government in relation to the consultation process concerning the Firoka proposals;

 

v.                    that the Board agrees to respond in detail to the Advisory Committee’s advice in future and provide the reasons for either accepting or rejecting such advice; and

 

 

vi.                 that the Advisory Committee did not wish to be seen as being obstructive in its requests but was merely seeking be properly equipped to fulfil its duties under the 1985 Act and to act in the best interests of the charity.    

 

            Councillor Dobbie asked that his dissent to above resolutions be recorded.

 

                  iii)              Draft minutes of the meeting of the Alexandra Palace and Park Board held on 30 October, 5 & 17 December 2007 (Special meetings), Alexandra Palace and Park Panel – 22 & 29 November 2007) and the   Alexandra Palace and Park Consultative Committee of 23 October 2007.

           

            The Chair asked if there were any points of clarification to the circulated minutes.  The Committee’s attention was drawn to the comments (at page 16 of the minutes of the Board of 30 October 2007)  licensing arrangements entered into between Firoka and Alexandra Palace Trading Ltd, as referred to in the summary of exempt minutes of the Special Board meeting of 17 December 2007. Questions were raised concerning  the details of the licence, which the Committee were advised were of an exempt/confidential nature.

 

The Committee expressed its concerns in relation to the lack of consultation and/or knowledge of the terms of the licence and/or the intention to enter into such a licence. The Committee considered that the Board should inform the Advisory Committee as to why it had not felt it necessary to notify the Committee of the professed Licence  before it was entered into with the Firoka Group and the consequences of such arrangements on the finances of APTL.

 

            Reference was made to a presentation by the ‘Save Ally Pally campaign’ at the Consultative Committee in October 2007  and decided that it would be useful for the organisation to address this Committee.  Following a brief discussion as to a possible special meeting in March or April 2008 to receive the presentation due to there being no further Advisory Committee scheduled until June 2008 the Committee identified 18 March 2008 at 19.30hrs.

 

            The Chair then summarised and it was:

 

            RESOLVED

 

i.                    that the Draft minutes of the meeting of the Alexandra Palace and Park Board held on 30 October, 5 & 17 December 2007 (Special meetings), Alexandra Palace and Park Panel – 22 & 29 November 2007) and the Alexandra Palace and Park Consultative Committee of 23 October 2007 be noted;

 

ii.                  that the Board be requested to explain why the Board had not notified the Committee of the proposed  Licence agreement to be entered into with the Firoka Group by  APTL in May 2007, and the consequences of such arrangements on the finances of APTL; and

 

iii.                that a Special meeting of the Advisory Committee be convened on Tuesday 18 March 2008 commencing at 19.30hrs and as part of the business of that meeting the ‘Save Ally Pally Campaign’ be invited to make a presentation to the Advisory Committee.

 

            Councillor Dobbie asked that his dissent to resolution (ii) above be recorded.