Dear Brighton and Hove City Council,

Between 3rd November 2015 and their being struck off the Companies House register on 13th August 2019 Falmer Auctions Ltd occupied and operated from the Brighton & Hove City Council owned premises at New Barn, Court Farm, East Street, Falmer, BN1 9PB.

It has now been established that since the beginning of their occupancy from those premises, commencing on 3rd November 2015, Falmer Auctions Ltd evaded paying business rates to Lewes District Council a sum in the region of £54,250 having only paid a total sum in business rates on that property for the entire period between 3/11/15 - 13/8/19 of just £1678.99.

On 7th January 1977 a Tenancy Agreement was drawn up with respect to the Holding at Falmer Court Farm between the Council (as Landlord) and the current Tenant. Under the terms of that Tenancy Agreement it was a requirement that consent be given by the Council to grant any Underlease with respect to any part of the Holding demised by that Tenancy Agreement.

Please provide the following information to the following three questions:

1. As per the terms of that Tenancy Agreement of 7th January 1977 did Brighton & Hove City Council give the required consent for any part of the Holding at Court Farm, East Street, Falmer, BN1 9PB to be sublet to "Falmer Auctions Ltd" for the period between 3rd November 2015 and 13th August 2019 or any part of that period?

2. If consent was given by the Council granting "Falmer Auctions Ltd" the right of Undertenancy please provide the reference number for the Licence to Underlet which names "Falmer Auctions Ltd" as the Undertenant and the date on which that Licence was granted. Please also state the start and end dates for which any Undertenancy was granted to "Falmer Auctions Ltd".

3. On 29th June 2015 a Licence to Underlet was granted by the Council with respect to New Barn, Court Farm, East Street, Falmer BN1 9PB. The reference number for that Licence to Underlet is: FAR-1/NB/1/1/1/26011/JD. The named "Undertenant" on that Licence to Underlet was "Antique & Collectors Corner Auction Ltd". Please state the names of any other "Undertenant" or "Undertenants" named on that Licence to Underlet.

Yours faithfully,

G Cole

Freedom Of Information, Brighton and Hove City Council

1 Attachment

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Freedom of Information request
Our reference: 6546245
Your reference: [FOI #661476 email]

show quoted sections

2 Attachments

 
 
 
 
 
Freedom of Information request
Our reference: 6546245
Your reference: [FOI #661476 email]

show quoted sections

Dear Brighton and Hove City Council,

With reference to my FOI request 6546245 your response to question 1 stated that a Licence to Underlet was granted to Falmer Auctions Ltd on 7th July 2016.

Your response to question 2 stated that the reference number of that Licence to Underlet was:
FAR-1/C/3/1/2/42671/LJM 14.6.16.

You stated (in parenthesis) that a copy of that document was attached. That however was not the case. You in fact did not attach a copy of that particular Licence to Underlet.

You instead attached a copy of the Licence to Underlet ref no: FAR-1/NB/1/1/1/26011/JD.
That Licence to Underlet was granted with respect to Antique & Collectors Corner Auction Ltd, not to Falmer Auctions Ltd.

In your response to question 2 you also failed to state the start and end dates of any undertenancy which had been granted to Falmer Auctions Ltd by any Licence to Underlet. The answer to that question is presumably indicated in the Licence to Underlet ref no. FAR-1/C/3/1/2/42671/LJM 14.6.16 which you did not attach as stated.

I would therefore request that you provide a copy of Licence to Underlet ref no. FAR-1/C/3/1/2/42671/LJM 14.6.16 as per your response to question 2.

If the start and end dates of the undertenancy granted to Falmer Auctions Ltd are not indicated in that Licence to Underlet please also provide those two dates as per my original FOI request.

That information is still applicable to my original FOI request no. 6546245 and should be provided within 20 working days of my original request. The due date for that information is 28th May 2020 which still enables you to provide the information to my original FOI request within the statutory time limit.

Please provide the requested information before that date. If you fail to do so I would request that my FOI request no 6546245 is subject to an internal review.

Yours sincerely,

G Cole

Dear Sir/Madam,
 
Thank you for your email. We will follow this up with the council's
Properties deaperment and get back to you asap.
 
Yours faithfully,
 
Information Governance Officer
Information Governance Team

--------------------------------------------------------------------------

Dear Brighton and Hove City Council,

With reference to my FOI request 6546245 your response to question 1
stated that a Licence to Underlet was granted to Falmer Auctions Ltd on
7th July 2016.

Your response to question 2 stated that the reference number of that
Licence to Underlet was:
FAR-1/C/3/1/2/42671/LJM 14.6.16.

You stated (in parenthesis) that a copy of that document was attached.
That however was not the case. You in fact did not attach a copy of that
particular Licence to Underlet.

You instead attached a copy of the Licence to Underlet ref no:
FAR-1/NB/1/1/1/26011/JD.
That Licence to Underlet was granted with respect to Antique & Collectors
Corner Auction Ltd, not to Falmer Auctions Ltd.

In your response to question 2 you also failed to state the start and end
dates of any undertenancy which had been granted to Falmer Auctions Ltd by
any Licence to Underlet. The answer to that question is presumably
indicated in the Licence to Underlet ref no. FAR-1/C/3/1/2/42671/LJM
14.6.16 which you did not attach as stated.

I would therefore request that you provide a copy of Licence to Underlet
ref no. FAR-1/C/3/1/2/42671/LJM 14.6.16 as per your response to question
2.

If the start and end dates of the undertenancy granted to Falmer Auctions
Ltd are not indicated in that Licence to Underlet please also provide
those two dates as per my original FOI request.

That information is still applicable to my original FOI request no.
6546245 and should be provided within 20 working days of my original
request. The due date for that information is 28th May 2020 which still
enables you to provide the information to my original FOI request within
the statutory time limit.

Please provide the requested information before that date. If you fail to
do so I would request that my FOI request no 6546245 is subject to an
internal review.

Yours sincerely,

G Cole

show quoted sections

1 Attachment

Dear Sir/Madam,

Please accept our apologies for attaching the wrong document.  The correct
document is attached and clarification of the position is provided below.

Between 3rd November 2015 and their being struck off the Companies House
register on 13th August 2019 Falmer Auctions Ltd occupied and operated
from the Brighton & Hove City Council owned premises at New Barn, Court
Farm, East Street, Falmer, BN1 9PB.

It has now been established that since the beginning of their occupancy
from those premises, commencing on 3rd November 2015, Falmer Auctions Ltd
evaded paying business rates to Lewes District Council a sum in the region
of £54,250 having only paid a total sum in business rates on that property
for the entire period between 3/11/15 - 13/8/19 of just £1678.99.

On 7th January 1977 a Tenancy Agreement was drawn up with respect to the
Holding at Falmer Court Farm between the Council (as Landlord) and the
current Tenant. Under the terms of that Tenancy Agreement it was a
requirement that consent be given by the Council to grant any Underlease
with respect to any part of the Holding demised by that Tenancy Agreement.

Please provide the following information to the following three questions:

1. As per the terms of that Tenancy Agreement of 7th January 1977 did
Brighton & Hove City Council give the required consent for any part of the
Holding at Court Farm, East Street, Falmer, BN1 9PB to be sublet to
"Falmer Auctions Ltd" for the period between 3rd November 2015 and 13th
August 2019 or any part of that period?

A short term licence was granted on 7 July 2016 for Court Farm to be used
from 8 July 2016 to 10 July 2016 for a classic car event. Falmer Auctions
Ltd was named as a licensee together with Eric Huxham.

2. If consent was given by the Council granting "Falmer Auctions Ltd" the
right of Undertenancy please provide the reference number for the Licence
to Underlet which names "Falmer Auctions Ltd" as the Undertenant and the
date on which that Licence was granted. Please also state the start and
end dates for which any Undertenancy was granted to "Falmer Auctions
Ltd". 

No Undertenancy was granted - only the short term licence, legal reference
FAR-1/C/3/1/2/42671/LJM 14.6.16 (Document attached) that permitted use
from 8 July 2016 to 10 July 2016 and as confirmed in our response to 1
above.

3. On 29th June 2015 a Licence to Underlet was granted by the Council with
respect to New Barn, Court Farm, East Street, Falmer BN1 9PB. The
reference number for that Licence to Underlet is: FAR-1/NB/1/1/1/26011/JD.
The named "Undertenant" on that Licence to Underlet was "Antique &
Collectors Corner Auction Ltd". Please state the names of any other
"Undertenant" or "Undertenants" named on that Licence to Underlet.

The undertenant was ANTIQUE & COLLECTORS CORNER AUCTIONS LIMITED (Company
Registration number 09333634), there was no other named undertenant.  

Yours faithdully,
Information Governance Officer
Information Governance Team

--------------------------------------------------------------------------

Dear Brighton and Hove City Council,

With reference to my FOI request 6546245 your response to question 1
stated that a Licence to Underlet was granted to Falmer Auctions Ltd on
7th July 2016.

Your response to question 2 stated that the reference number of that
Licence to Underlet was:
FAR-1/C/3/1/2/42671/LJM 14.6.16.

You stated (in parenthesis) that a copy of that document was attached.
That however was not the case. You in fact did not attach a copy of that
particular Licence to Underlet.

You instead attached a copy of the Licence to Underlet ref no:
FAR-1/NB/1/1/1/26011/JD.
That Licence to Underlet was granted with respect to Antique & Collectors
Corner Auction Ltd, not to Falmer Auctions Ltd.

In your response to question 2 you also failed to state the start and end
dates of any undertenancy which had been granted to Falmer Auctions Ltd by
any Licence to Underlet. The answer to that question is presumably
indicated in the Licence to Underlet ref no. FAR-1/C/3/1/2/42671/LJM
14.6.16 which you did not attach as stated.

I would therefore request that you provide a copy of Licence to Underlet
ref no. FAR-1/C/3/1/2/42671/LJM 14.6.16 as per your response to question
2.

If the start and end dates of the undertenancy granted to Falmer Auctions
Ltd are not indicated in that Licence to Underlet please also provide
those two dates as per my original FOI request.

That information is still applicable to my original FOI request no.
6546245 and should be provided within 20 working days of my original
request. The due date for that information is 28th May 2020 which still
enables you to provide the information to my original FOI request within
the statutory time limit.

Please provide the requested information before that date. If you fail to
do so I would request that my FOI request no 6546245 is subject to an
internal review.

Yours sincerely,

G Cole

show quoted sections