Meeting documents

Access to Information Arrangements

Exclusion of access by the public to Council meetings

The appendix to the report constitute exempt information, according to the categories set out in the Local Government Act 1972 (amended Schedule 12A). The relevant exemption is set out below.

The public interest test has been applied, and it is concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure at this time. It is therefore recommended that the meeting move to exempt session, should the Appendix be discussed.

Factors for withholding:

• The appendix contains information which relates to the financial and business affairs of the Trustees of the Bath Recreation Ground.
  
• The Appendix contains commercial information detailing the proposed terms of the lease of the temporary east stand (including the rent payable) with Bath Rugby PLC. It is important that the Trustees and Bath Rugby PLC are able to protect their commercial positions in this matter while the terms of the lease are being finalised.

• Negotiations regarding the lease have not yet been finalised. It would prejudice the Trustees' and Bath Rugby PLC's commercial position to make information about the ongoing negotiations available, until such time as those negotiations are complete.

Factors for disclosure:

The Council considers that most of the factors suggested by the Information Commissioner as being relevant to an assessment of public interest apply to this information. Disclosure would:-

• further public understanding of the issues involved;

B7 further public participation in the public debate of issues, in that disclosure would allow a more informed debate;

• promote accountability and transparency by the Council for the decisions it takes;
  
• promote accountability and transparency in the spending of public money;
  
• allow individuals and companies to understand decisions made by the Council affecting their lives and assist individuals to challenge those decisions;

Reasons why the public interest favours withholding the information:

• The Council considers that the public interest has been served by the fact that the main report will be discussed in open session.
  
• It is important for public authorities to have some measure of `private thinking space', and that they are able to confidentially share sensitive information with the Trustees, who are tasked with acting in the best interests of the Trust.
  
• The Trustees have a fiduciary duty to gain best consideration in respect of the lease of the temporary east stand. Disclosure of this information would prejudice the Trustees' commercial position in respect of the lease, thereby introducing the possibility that the Trustees may not gain best consideration. This is not in the public interest, as the Trust relies on income from the lease to further its charitable objectives and ensure the upkeep of the Trust's land and buildings to ensure their ongoing use.
  
• Once the lease has been finalised, it is likely that this information will be less commercially sensitive than at the current time. Accordingly the Council will then be willing to consider disclosure of the information in response to any requests, and in line with its duties under Freedom of Information legislation.