Reference: D637
Decision Maker: Portfolio Holder for Corporate Resources and Performance
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To seek approval for the Council’s
guidance for determining an application for discretionary pubs
relief.
To delegate to the Director responsible for Revenues Services the
authority to determine applications for discretionary relief under
section 47 of the Local Government Finance Act 1988 in relation to
pubs relief in the Borough of Gedling.
THAT:
The Council’s guidance for determining an application for
discretionary pubs relief at Appendix 1 is approved.
The determination of applications for discretionary pubs relief in
the first instance is delegated to the Director responsible for
Revenues Services.
The Council is expected by Government to grant
relief in line with the guidance it has published. No other
guidance has been published by Government on this subject.
To ensure efficient decision making and avoid the Executive from
becoming overwhelmed by applications, it is appropriate that this
function is delegated to officers.
It is considered that such determinations, where explicit guidance
is accepted and adopted, are a standard revenues function and
should be performed by the Council’s officers and not its
members.
The alternative to the proposal would be to
report each application for pubs relief to the Portfolio Holder for
Resources and Reputation for his determination as directed by the
Council’s constitution. This would mean the Portfolio Holder
for Resources and Reputation would have to consider all
applications for pubs relief over the next financial year which
would place an unnecessary burden on the Executive.
Publication date: 18/12/2017
Date of decision: 12/12/2017
Accompanying Documents: