Dear Hinckley and Bosworth Borough Council,

The controlling party has made a commitment to ensure the cinema remains open, by implication, in perpetuity and without proviso.
1) Is the council empowered to subsidise the cinema's operation in any way it chooses directly or indirectly? This would include for example, rate relief, interest-free loans etc. etc.
2) Does the agreement with the owners force them to keep it trading regardless of their own wishes?
Yours faithfully,
J Newman

Natalie Browne, Hinckley and Bosworth Borough Council

1 Attachment

Dear Mr Newman

 

Re: Freedom of Information request. Our ref: 5877

 

I acknowledge your request for information received on 18 September 2019.

 

Your request is being considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.

 

If appropriate, the information may be provided in paper copy. If you
require alternative formats, for example: language, audio or large print,
please let me know.

 

For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested. There will be an
assessment and if any of the exemption categories apply then the
information will not be released. You will be informed if this is the
case, including your rights of appeal.

 

Kind regards

 

Natalie Browne

 

FOI and Communications Support Officer

Hinckley & Bosworth Borough Council

Hinckley Hub, Rugby Road

Hinckley

Leics, LE10 0FR

01455 255773

 

 

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Natalie Browne, Hinckley and Bosworth Borough Council

2 Attachments

Dear Mr Newman

 

Re: Your request under the Freedom of Information Act 2000 (“FOIA”). Our
ref: 5877

 

I am treating this Freedom of Information request as a repeated request of
the FOI you submitted on 14 August 2019 (attached) and therefore exempting
under Section 14(2).

 

Under section 14(2) public authorities do not have to comply with requests
that are repeated.

 

Kind regards

 

Natalie Browne

Communications and Freedom of Information Support Officer

The Hinckley Hub

Rugby Road

Leics, LE10 0FR

[email address]

01455 255773

 

This email and any files sent with it are confidential.
If this email isn't intended for you, please notify the sender immediately
and then permanently delete it.
You must not read, print, store, disclose, copy or take any other action
in respect of this email.
 
We routinely monitor incoming and outgoing email messages to ensure they
comply with Hinckley & Bosworth Borough Council's policy on the use of
electronic communications.
The contents of emails may have to be disclosed to a request under the
Data Protection Act 2018, Freedom of Information Act 2000 and/or the
Environmental Information Regulations 2004.
The views expressed by the author may not necessarily reflect the views or
policies of Hinckley & Bosworth Borough Council.
Attachments to email messages may contain viruses that may damage your
system.
Whilst Hinckley & Bosworth Borough Council has taken every reasonable
precaution to minimise this risk, we cannot accept any liability for any
damage you suffer as a result.
You are advised to carry out your own virus checks before opening any
attachment.
Save paper - only print this email if necessary.
Visit us online: www.hinckley-bosworth.gov.uk
Main office: Hinckley Hub, Rugby Road, Hinckley, Leics LE10 0FR. Main
switchboard: 01455 238141

Dear Hinckley and Bosworth Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Hinckley and Bosworth Borough Council's handling of my FOI request 'Cineworld forever (2)'.
I would firstly remind you that the FOI Act requires you to be helpful rather than obstructive, so clearly here there is something you wish to hide. My intension is simply to establish the extent to which HBBC would use taxpayers’ (my) money to subsidise a private company – a perfectly reasonable question.
Q1: Your response to my first request suggested you cannot comment on the legislation with which you must comply, which in itself I dispute. I am not asking you to comment on its efficacy, just your interpretation of it in these circumstances. In my second request there is no reference to legislation so it is not a repeat.

Q2: Your refusal was based on my use of the word “if”, which in v2 I removed, so it is no longer “hypothetical” – I am simply enquiring about the provisions of the current agreement.

Please stop playing games as it will save us both (and eventually the ICO) a great deal of time.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...
Yours faithfully,

J Newman

Julie Kenny, Hinckley and Bosworth Borough Council

Dear J Newman,  

 

Freedom of Information Request Review: FOI 5812

 

I have now completed the review of your recent Freedom of Information
Request, our reference 5812 and have now provided the responses below:

 

1)      Is the council empowered to subsidise the cinema’s operation in
any way it chooses directly of indirectly? This would include for example,
rate relief, interest-free loans etc?

 

In simple terms , no, not in any it wishes, mainly due to the restrictions
of state aid. There may be circumstances when business rate relief be
given if there was a period of hardship, although this is unlikely and
loans could not be interest free.

 

2)      Does the agreement with the owners force them to keep it trading
regardless of their own wishes?

 

There is no clause within the agreement which expressly requires the
tenant to operate only in line with the permitted use clause, even if they
do not wish to. It would be for the tenant and landlord to explore such
options jointly, if such an event occurred.

 

If you are not happy with the outcome of the internal review, you have the
right to apply directly to the Information Commissioner for a decision.
For more information, please visit: [1]www.ico.org.uk

 

If you have any queries about this email, please contact me quoting the
above reference number.

 

Many thanks,

 

Julie

 

Julie Kenny

Director (Corporate Services)

Monitoring Officer

Hinckley & Bosworth Borough Council

01455 255985

07966 131272

 

This email and any files sent with it are confidential.
If this email isn't intended for you, please notify the sender immediately
and then permanently delete it.
You must not read, print, store, disclose, copy or take any other action
in respect of this email.
 
We routinely monitor incoming and outgoing email messages to ensure they
comply with Hinckley & Bosworth Borough Council's policy on the use of
electronic communications.
The contents of emails may have to be disclosed to a request under the
Data Protection Act 2018, Freedom of Information Act 2000 and/or the
Environmental Information Regulations 2004.
The views expressed by the author may not necessarily reflect the views or
policies of Hinckley & Bosworth Borough Council.
Attachments to email messages may contain viruses that may damage your
system.
Whilst Hinckley & Bosworth Borough Council has taken every reasonable
precaution to minimise this risk, we cannot accept any liability for any
damage you suffer as a result.
You are advised to carry out your own virus checks before opening any
attachment.
Save paper - only print this email if necessary.
Visit us online: www.hinckley-bosworth.gov.uk
Main office: Hinckley Hub, Rugby Road, Hinckley, Leics LE10 0FR. Main
switchboard: 01455 238141

References

Visible links
1. http://www.ico.org.uk/

Dear Julie Kenny,
Thank you for this information.
Could I respectfully suggest that you fully brief your more junior staff on the intentions of & obligations under the FoI legislation as it will save us all a lot of time
Yours sincerely,

J Newman