SCALA CINEMA AND ARTS CENTRE, PRESTATYN and/or Denbighshire County Council. To return monies granted from UK Film Council. Application 2007-27068

GARY BOURNE made this Freedom of Information request to UK Film Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

UK Film Council did not have the information requested.

Dear UK Film Council,
Please may I under the Freedom of Information. Request full and comprehensive detail for the requirements of SCALA (Prestatyn) Ltd, knows as SCALA CINEMA AND ARTS CENTRE, PRESTATYN and/or Denbighshire County Council. To return monies granted from UK Film Council. Application 2007-27068

To cover the point/s below but not to be limited by them.

1) Could it first be clarified the actual total of the grant given? As there is confusion in the application and conformation of such. Page 1 says £5,467, but page 15 is hinting at £50,000 (the maximum allowed as 50% of the total budget)

2) In the light of the recent released documents from Denbighshire County Council; 11th May 2010, below.

3) Could I ask for a copy of the monitoring requirements as under section 2 of the terms and conditions of acceptance.

4) Also if any conditions apply to drawback in the light of “Legal advice had been received which confirmed that if the Local Authority held between 20-50% of the voting rights it could be considered as a Local Authority Influenced Company and would therefore not be subject to drawback of capital funding or loss of charitable status.” Assuming there is a clause to recoup grant monies given by UK FILM Council.

Original Denbighshire County Council Minutes:-
PART 2
EXCLUSION OF PRESS AND PUBLIC
RESOLVED under Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 14 of Part 4 of Schedule 12A of the Local Government Act 1972.
6         SCALA CINEMA AND ARTS CENTRE, PRESTATYN: UPDATE
(Councillor R W Hughes declared a personal and prejudicial interest in the item as a Council appointee and Trustee of the Company and Councillor J Thompson Hill declared a personal and prejudicial interest in the item although he now had no role with the Company. Both Councillors Hughes and Thompson-Hill left the meeting.)
Councillor P A Dobb presented the report to update Members on the current financial position of the Scala Company Limited; to seek approval to increase the number of County Council representatives on the Scala Company Limited Board; and to seek approval for additional financial support from the Council for the current financial year, to support the venture.
Councillor Dobb said the report highlighted the current financial position of the Scala and it appeared that the latest business projections indicated that a further deficit of approximately £86k was anticipated in the current financial year. It would take a number of years for the Company to become viable. Members were being asked to increase the Board of the Company by a minimum of 5 persons - 2 Council officers and 3 Councillors plus the continuation of the current representative, Councillor R W Hughes.
Legal advice had been received which confirmed that if the Local Authority held between 20-50% of the voting rights it could be considered as a Local Authority Influenced Company and would therefore not be subject to drawback of capital funding or loss of charitable status. However, the Authority had to demonstrate that the Charity was always independent from the Council. The Company would have to either amend or prepare new Articles of Association in order to change the membership of the Company.
The proposal was a short term approach only aimed at stabilizing the financial management and building confidence in the management of the Company. An Annual General Meeting was due to take place in May and once the new Board and Articles of Association were in place, a review of the business with consultant expertise would be carried out before the end of July 2010 and brought to Cabinet in early September 2010. The review would also explore how to maximize income within the facilities and its assets. "

Following the first review further work would be commenced to build a long term business plan for the facility which would be presented to Cabinet in December 2010.

There were reputation, political and financial consequences for the Council and a full picture must be obtained within the shortest possible time. There was also an extra cost to the Council of the officer time invested.

Councillor H H Evans thanked Councillor Dobb for her detailed update. He agreed the Company were in a serious financial situation and this would have to be managed sensitively and the review should help to stabilize financial projections. Councillor P J Marfleet agreed with Councillor Evans and went on to discuss the representation on the Board from Prestatyn Town Council. He suggested that when the review was carried out, this should consider ail possible uses for the facilities. Councillor E W Williams suggested a periodic update on how the Board was achieving its proposals with either a report to Cabinet Briefing or a joint Briefing meeting with Resources Scrutiny and that future proposals should include the value of the building. Councillor Evans said the report to Cabinet in September would detail the ongoing monitoring of the financial situation.

The Chief Executive reported on his discussions with the Board, Prestatyn Town Council and Prestatyn Members. The Board realised they would have to be open minded on developments at the Scala to ensure its future. The Town Council have an elected Member on the Board and they felt there was currently no need for the Prestatyn Town Council Clerk to become an observer or member . He said he would expect Denbighshire's officers to report to him on a weekly basis and he would have meetings with the Lead Member on a monthly basis. The new proposals would strengthen the independent Board and ensuring the right membership was important. Councillor P J Marfleet agreed the membership of the Board was of paramount importance.

Members further discussed the report and what details the proposed review would cover. Councillor G C Evans confirmed that the report had addressed concerns raised by Resources Scrutiny Committee.

Councillor P A Dobb stressed the consultant taken on for the review should be suitable and this should start as soon as possible.

RESOLVED that Cabinet approves an additional budget allocation of up to £86k to support the Scala Company Limited, on the basis of the following terms and conditions:

(a) The Council be invited by the Scala Company to nominate up to 5 additional Members and Trustees of the Company with the intention that such persons are to sit on the Company's Board of Trustees (3 Councillors and 2 officers)

(b) The existing Scala Company Board of Trustees agree that as a result of this change the Scala will become a Local Authority Influenced Company

(c) That for the reasons set out in paragraph 4.1) "Governance and Legal" of the report, the Company either amends its existing Articles of Association or, as appropriate, adopts new Articles

(ch) That by September 2010, the Scala Board produce a revised business plan and financial projections, and proposals for a revised financial management structure for the Company.

(d) That by December 2010, an options paper is prepared by the Scala Company, highlighting long term proposals for the future management of the Scala, and a business plan that 'demonstrates how the Company proposes to reduce the ongoing financial deficit.

The meeting concluded at 3.00 p.m.

To avoid expense and for speed of reply. Email attachment and/or PDF documentation would be acceptable and preferred. Thank you.

Please let me know if my question needs clarifying to avoid further questions that might arise due to ambiguous answers. I'll be happy to resupply in a format that will let you either supply photocopy/PDF information (dependent on quantity) or supply information without the need to edit any answers you feel I have not asked. Or brief answers that could arise to second and third questions.

Once again thank you for your help.

GARY ALEXANDER BOURNE,
14 LON EIRLYS,
PRESTATYN,
DENBIGHSHIRE,
CYMRU
LL19 9JZ

Information, UK Film Council

Dear Mr. Bourne,

I acknowledge receipt of your FOI request 9th August and we will respond to you within 20 working days as required under the Freedom of Information Act.

In the meantime please feel free to contact us if we can be of any further assistance.

Regards,

UK FILM|COUNCIL

show quoted sections

Information, UK Film Council

Dear Mr. Bourne,

I refer to your Freedom of Information request of 9 August 2010 following on from your request of 13 May 2010 and our response dated 8 June 2010.

1. The total award is the sum of up to £5,467 as shown on the copy of the contract already sent to you.

2. The monitoring provisions referred to in Clause 2 of Schedule 1 of the contract require the awardee to complete a monitoring questionnaire when issued by UK Film Council from time to time for a period of up to 5 years. The UK Film Council has not, to date, issued a monitoring questionnaire to the awardee for them to complete and we therefore cannot supply you with this information.

3. The provisions entitling UK Film Council to terminate the contract and request repayment of the award are set out in Clauses 7.1 and 7.2 of Schedule 1 of the contract already sent to you. It is inappropriate for us to enter into a discussion with someone who is not party to the contract as to what may or may not constitute a termination event.

Yours sincerely,

UK FILM|COUNCIL

show quoted sections

Dear UK FILM/COUNCIL,
As it is now three years since the grant. Is it appropriate to request such a monitoring form to be filled? As this will be the FIRST monitoring form to be filled in this five year cycle?

2) 'what may or may not constitute a termination event' I didn't realise there was any secrecy involved. I assumed you would have told each grant acceptee the conditions of requesting a grant to be returned in the official acceptance documents. I was simply asking for clarification on those points? In the light of the SCALA Prestatyn having financial trouble.

Yours sincerely,
GARY ALEXANDER BOURNE,
14 LON EIRLYS, PRESTATYN, DENBIGHSHIRE, CYMRU LL19 9JZ

TEL:- (01745) 85 19 85
TEXT OR RING 07904 69 58 58
TEXT OR RING 07904 69 57 57

Information, UK Film Council

Dear Mr. Bourne,

I acknowledge receipt of your FOI request 20th August and we will respond to you within 20 working days as required under the Freedom of Information Act.

In the meantime please feel free to contact us if we can be of any further assistance.

Regards,

UK FILM|COUNCIL

show quoted sections

Mashud, Sherin, UK Film Council

1 Attachment

Dear Mr. Bourne,

I refer to your Freedom of Information request of 20 August 2010.

The timing of when we issue monitoring forms is at our discretion but will
be at a point when we can fully evaluate the effectiveness of our award
that is when we are able to monitor the full benefit of the equipment.

The conditions attached to each grant have certainly been communicated to
each recipient and you have already been sent a copy of them (that is the
PDF of the agreement copied to you on 8 June 2010). We have also already
referred you to clause 7 of those conditions which sets out the grounds on
which the agreement can be terminated. We have therefore provided you
with the clarification you have requested.

Yours sincerely,

UK Film Council

10 Little Portland Street

London W1W 7JG

Main Tel: +44 (0)20 7861 7861

[1]www.ukfilmcouncil.org.uk

[2]StatsYB10 signature.jpg

Statistical Yearbook 2010 - the most comprehensive picture of UK film.

Click [3]here for the first fully digital Statistical Yearbook.

show quoted sections

References

Visible links
1. http://www.ukfilmcouncil.org.uk/
3. http://sy10.ukfilmcouncil.ry.com/