Archives Page for Q&A

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1

19th May 2012

 Question: Why did the Blue Flash Music Trust submit a sealed bid?

 

Answer: Only part of the Trust's bid was sealed and this part was originally declared irrelevant by the Council. The text pointing to the details of our re-submission was actually declared in an open letter to one of the appointed Agents, Crickmay. The role of the Agent in this process is also questionable therefore. The District Auditor had also advised the Council that their process would not sufficiently guard against bias and fraud in a letter to the Council of December 2010 and recommended a sealed bid process. The Council ignored this advice. 

 

Question: Were the Blue Flash Music Trust disappointed to be excluded from the process by the Council?

 

Answer: No, we had no expectation that the Council would seriously entertain any bid except from Bill's Produce. There is a long history of bias in favour of Bill's Produce. It started with the 'under the table' negotiations with Bill's in 2006 and was followed by the well-proven, biased selection of Bill's Produce over Ask Ltd (submitted by Gondola) in 2006, costing the Horsham taxpayer £250,000. Bill's did not bid in the re-marketing exercise of July 2011 either, so no bids were entertained at that stage (including the Trust). Already there is a Freedom of Information Request submitted by a local businessman to ascertain the detailed scorings from the latest exercise.

 

Question: Why did the BFMT re-submit its bid at all then?

 

Answer: We had to nominally enter the process in order to contest it in the High Court. The Court requires that you have to have an interest. Unfortunately, the lack of a temporary injunction means that such a Court hearing could not be realistically arranged before a deal with Bill's is signed. However, the lack of transparency and lack of fairness in the process, in our view, remains a real threat to the ongoing credibility of the BIll's Produce brand. We were not disappointed to be excluded from the process because we tacitly felt that we could support and work with the bid from W J KIng on behalf of the community. However, because of the proven bias towards Bill's, we felt that the W J KIng bid would not be seriously entertained by the Council either.


Question: if push came to shove and with the limited options the Trust could work with W J King.


The 200 year tradition of brewing by W J King fitted in well with the Folk Arts Centre community proposal based on Horsham's unique folk history, a plan that could bring the necessary tourism benefits to the town.

 

In keeping with the history of the building as a courthouse and community centre, WJ King had made a commitment to make a private meeting room available at discounted rates to local community groups and establish a similar Heritage Centre idea to our own. This would have also involved contribution from the local community in terms of music, art and dance. WJ King have also regularly supported and sponsored community groups from the Horsham District. As we understand it however, Bills Produce is now owned by a large international private equity group which is based in the secret off shore tax haven of Jersey. People often confuse Bill's 'seasonal produce' with 'local produce'. Spanish oranges, Italian tomatoes in jars; the seasonal aspect of Bill's appears to be that sometime, somewhere in the world, the produce was seasonal. WJ King on the other hand is a local producer with a commitment to using local produce like ourselves. 

 

Question: How come the Council decided that Bill's Produce was the answer then?

 

Answer: Nobody knows - especially as Bill's voluntarily walked away from Horsham based on its

Reading profits in 2009. In spite of the claims in the press, Bill Collison obviously did not love the town that much! The Evaluation Criteria, although originally declared to be advisory only, was set by just one Cabinet Member and favoured Bill's Produce. The recent Localism Act that was designed to benefit communities effectively died in Francis Maude's back yard at that point. Horsham District Council gave a 70% weighting to financial measures and a mere 30% to the suitability of the proposals and potential benefit to the local economy. The difference to the taxpayer between Bill's Produce and W J King was just £62.50 per week over the 20 year lease it seems. However, HDC apparently gave more weighting to a large multi-national restaurant group based in the off-shore tax haven of Jersey over a family run local business based in Horsham. Even then, we do not know that the proposals were scored fairly in the latest process, as those scorings were not made transparent in the Council report. We know from the past that the scorings in favour of Bill's were fiddled by the Council against Gondola (Ask Ltd.) and that the vastly superior revised Gondola bid was unfairly not declared and considered in the 2009 decision. It took the District Auditor to eventually prise the existence of the revised Gondola bid out of the Council.   


Question: Why do the Council detest the BFMT so much?

 

Answer: Because over the past six years we have painstakingly gathered the evidence of their unethical behaviour. We therefore remain a threat to the reputation of the Council and any body that joins them in their unethical actions.  However, this is a principled position by the Trust, an organisation that has worked well with HDC in the past. We believe that organisations and residents in the area ignore the question of Council ethics at their peril. History shows that things have got progressively worse. 

 

Question: Why do the Liberal Democrats not support you any more?

 

Answer: Because they would seemingly rather speak out against the Trust than speak out about the Council's unethical behaviour, details of which have been made known to them. The three Liberal Democrats on the Council's Old Town Hall Advisory Group once supported the Folk Arts Centre proposal facilitated by us. To us, if the LIb Dems are not part of the solution, they remain part of the problem.

 

Question: Why does the local press not support you either?

 

Answer: As with the Liberal Democrats, the local press does not want to admit to known unethical behaviour and bias by the Council. However, HDC also provides income to parts of the local press through statutory advertising so they understandably have to be careful. 

 

Question: Why does the local press wax lyrical about Bill's Produce as the answer then?

 

Answer: They perhaps think, misguidedly in our view, that it is the easiest way to gloss over things and finally lance the boil that has been grown by HDC's bad bahaviour over the Old Town Hall and other related issues in the past six years. However, the truth has a habit of coming out and the strategy may prove disastrous in the not-so-long term. In our opinion, Bill's Produce embracing the Council's behaviour might prove equally disastrous for the company's brand.    

2

22 May 2012

What did Bill’s Produce have to do to have their original verbal offer of £72,000 per annum reduced to £54,000 per annum?


Answer one:

We don't know what Bill's Produce had to do to get their initial verbal offer of £75,000 per annum down to £54,000. All we know is that Heads of Terms for the initial contract with Bill's three years ago were negotiated at the heavily reduced rate two weeks IN ADVANCE of the biased decision against Gondola (Ask Ltd) being made.


How did Bill’s Produce know to increase their offer to £60,000 in order to match WJ King?


Answer two:

We don't know why the Bill's Produce offer went back up to £60,000 in the recent exercise other than it co-incidentally matched the offer from W J King. Bill's Produce also shaved a bit off from the rent free period and one wonders whether the Council shared the details of the W J King bid with Bill's before the latest Bill's bid was made, or perhaps revised. The audit trail is currently lacking. This is why the District Auditor advised sealed bids after the last Bill's v Gondola fiasco. At that time the Bill's bid was unsigned, undated and not on headed paper. People doubted that it had been written by Bill's at all. The bid three years ago may have been written by the Council themselves or the agent, Davis Coffer Lyons. However, the agent should have been independent. The whole point about appointing an independent agent is that they can negotiate the best deal and recommend it to the client. The independence of an appointed agent necessarily guards against the possibility of bias, corruption and fraud. The role of Crickmay in this latest process was pretty non-existent. They did not engage us concerning our own bid at all and freely admitted that they simply "passed on interested parties to the Council." There would appear nothing to have stopped the Council improperly passing on information about rival bids to a favoured bidder. W J KIng congratulated Bill's in the press, but presumably, they were not aware of the history of bias in favour of Bill's Produce and that this latest process was also as sub-standard as the last one.    

3

24 May 2012

Question: OK, there is no doubt that the scoring against Gondola (Ask Ltd) and in favour of Bill's Produce was unfairly manipulated by Horsham District Council three years ago. However, were the scores unfairly manipulated against W J King similarly this time around? 


Answer: We currently do not know for sure. However, there is considerable circumstantial evidence to suggest that it was. Bill Collison claimed recently in the West Sussex County Times that he would not change the building. However, it appears that he was not telling the truth. The Bill's Produce proposal this time around was still said to be subject to the Council's own improperly approved listed building planning application DC/08/2321. This would see the custom designed acoustics of the building (as a former Courtroom and old style Council Chamber) decimated by cutting a large hole between the floors. The planning application also saw Bill's desire to knock out the unique architectural feature of the deliberately designed in-filled arches on the front elevation (designed to stop people looking in on historical Court proceedings) and put modern glass in instead. There will still be a need for the Council to approve the writing of Bill's Produce on the glass and the hoisting of a Bill's Produce flag - and we will oppose this in the Courts, arguing that the changes are based on the improperly approved previous applications of DC/08/2317 and DC/08/2321 by the Council. Bill's should have scored worse on changes to the building than W J King. As one resident put it "I can't even put a skydish on my Grade II listed building, yet Bill's Produce can get away anything as far as the Council is concerned".

Bill's Produce should have also scored worse than W J King for its adverse impact on a Conservation Area. Bill's require an unsightly and smelly bin store on the right hand side of the building as you look down the Causeway towards St. Mary's Church.

Bill's should also have scored worse than W J King in regard to the King proposal for the Heritage Centre idea (similar to ourselves).

Thus we believe that the current Freedom of Information request by a local businessman will ultimately reveal that the scores were fiddled by the Council in favour of Bill's Produce once again. Last time it was the superior bid of Gondola that unfairly lost out, this time it was the superior bid of W J King that similarly suffered at the hands of Council bias (which also had the same financial value).  

4

28 May 2012

Question; "What proof does the Trust have that Bill's walked away voluntarily from Horsham last time around and that the Trust was not to blame for the OTH lying empty for the last two and a half years?"


Answer; A request was made by a Horsham trader under the FOI Act for details related to the Trading Condition between HDC and Bill’s Produce, and eventually the letter below was received.

5

29 May 2012

Question marks over the role of Davis Coffer Lyons as agents for the Old Town Hall.



People have often wondered how Bill's Produce came to be recommended above Gondola in the previous bidding exercise for Horsham Old Town Hall three years ago, given that Gondola on behalf of Ask Ltd made a vastly superior bid. They similarly wondered how Davis Coffer Lyons was seemingly prepared to accept a commission of £5,400 against a commission of £7,250 from Gondola. The District Auditor apparently commented on a possible conflict of interest. The Council claimed that Davis Coffer Lyons recommended Bill's Produce above Gondola but there was no evidence in the District Auditor's file to support this claim.


This was a press release 15 June 2010 ......

"The Sussex-based restaurant/grocer group, is to open its first outlet in London, with the launch of a 120-cover site at St Martin's Courtyard in Covent Garden.

The company, which currently has two sites in Lewes and Brighton, will open the new restaurant in November. It will be housed in a 3,304 sq ft space spread over two floors accommodating up to 120 covers.

"We've been looking to come to London for some time and feel very lucky to have secured this site," owner Bill Collison told Caterersearch...... Davis Coffer Lyons is the sole restaurant agent for the scheme. " (our underlining)

 

Nobody knows how Davis Coffer Lyons came to be accepted as agents for the Horsham deal and got on the shortlist either. What appeared to be the best Agent's bid against an anticipated market value for the Old Town Hall of £75,000 (also the Bill's Produce initial verbal offer) came from Carr Priddle of Brighton. This apparently superior bid from Carr Priddle was summarily dismissed by Horsham District Council. The District Auditor commented that reasons for dismissing a bid should be duly noted in writing and this was seemingly not done. Davis Coffer Lyons were duly appointed and the terms of the Invitation To Tender (ITT) were extended without apparent reference to the Chief Executive. This would be against HDC Financial Regulations. The extension to the ITT was that Davis Coffer Lyons were also appointed as consultants to HDC at a cost to the taxpayer of £5,000. This would appear, in theory, to have compromised the role of Davis Coffer Lyons as independent marketing agents.

 

Davis Coffer Lyons are said (please see elsewhere on this site) to have previously worked with the Strada people who moved on to Cote, who were handpicked by Richard Caring. These people from Cote went on to manage the Bill's Produce bid for Horsham Old Town Hall. Co-incidentally, Cote opened up in Horsham's East Street just before the Bill's Produce v Gondola issue concerning the Old Town Hall hit the fan. 

7

10 July 2012
Question: What other reasons might there be for the 'two-times' biased selection
of Bill's Produce by HDC, first over Gondola and then over W J King?


Answer: We currently can't say for sure, but it might simply be a case of the Horsham Tories having a liking for big business over and above the Horsham community. The 'man with the cash' behind the vigorous Bill's expansion programme is Richard Caring. Like many from big business - he knows which side his bread is buttered - both sides!

He once 'cosied up' to the Blair regime by lending 2m to the Labour Party for their general election campaign in 2005. However, in February 2008, Caring attended the Conservative Parties 'Black and White Ball' in Battersea Park at which he donated an auction prize of an evening’s hire of one of his clubs, 'Annabels'. It is currently not known which, if any, of HDC's Cabinet attended these particular events.

The second and most recent biased selection of Bill's Produce was timed to beat the Localism Act and in our view, demonstrated HDC contempt for both community wishes and it's own national project, Cameron's 'Big Society'. 

The Blue Flash Music Trust is of course, non-political. Therefore we should say that not all Conservative administrations behave in this way. The new Conservative Town Council of nearby East Grinstead would appear to be a case in point. They have fully embraced the Localism Act and are currently carrying out a significant consultation towards a widely supported Neighbourhood Plan. The difference would be that they have not been unduly influenced by a long period of unaccountable power. As a Town Council, in East Grinstead, there is a direct link between those that elect them and the power and influence that they wield. By contrast, HDC has consistently denied the opportunity for a Community Governance Review in an effort to hang onto disproportionate power. No matter who the people in Horsham town vote for, the 'out-of-town' HDC Cabinet 'gets in' and 'Lords it over' the town. Significantly, we don't see any of the Council public buildings in the rural areas being rented out to become restaurants. The benefits of Bill's in the Old Town Hall are marginal. People, will visit a Bill's Produce in their own area rather than travel to Horsham, that is, if they are not inclined to go anywhere different in their own locality anyway. Couple this with the risk. With the likes of Richard Caring behind them Bill's would be likely to have the financial clout to walk away when it suited them - having decimated this historical building and made it unsuitable for community uses. This is why a local businessman has recently requested the proposed terms for the unsigned lease under Freedom of Information. More news of this soon.

6

6 June 2012
Question: Is the Old Town Hall issue all over?


Answer: No it will never be over until the Council settles to the satisfaction of the Trust. Any further application for this Grade II listed building by Bill's Produce (or anybody else) will be based upon the previous applications DC/08/2317 and DC/08/2321. This is where the Council failed to declare it's own applications (as confirmed by the District Auditor) to the High Court. The Court therefore wrongly concluded this was an individual application from a Mr. Josh Leon. Therefore, the granting of any further planning application by HDC will allow us to return to the High Court once more in order to correct the situation.

8

13 July 2012
Question: So we have a despotic, poor performing and badly behaving Council.
What can we do about it?


Answer: Quite a lot. However, it is important to direct attention to the real culprits i.e. the unaccountable Horsham District Council Cabinet. The key problem is that the HDC officers and employees are not being permitted to do their jobs objectively. The Cabinet says "jump" and the staff say "how high?" So what can you do ....?


1) Spread the word of our website by Facebook and Twitter. We are encouraged by the increased traffic to the real facts, particularly from Facebook, but also from other Council's such as Portsmouth recently. Our intervention into the recent Localism Act conference at East Grinstead has obviously had an effect. Further sinking the Council's 'bad boy' reputation amongst its peers is key. So too, is further sinking HDC's reputation (until it changes its ways) with it's own Government and Govt. departments. Our intervention into the Localism Act consultation has undoubtedly had an effect similarly. Prime Minister, David Cameron's office also pledged us a letter from Frances Maude's Cabinet Office a couple of years ago. We are still waiting!


2) If Bill's signs the tenancy agreement - support our launch a boycott of Bill's Produce and its sister company COTE via Facebook and Twitter. The existing folk, arts and music networks that we are part of, are 'bang on' with Bill's target demographic. Sure, the HDC Cabinet are the main villains, but Bill's have played their part. As an ethical company, Bill's should have walked away 'for good' in our view, once the details of the fiddled scoring of their selection over Gondola was revealed by the District Auditor a couple of years ago. Mr Nice Guy, Bill Collison himself, was 'wheeled out' to the local press recently but it seems he spoke with 'forked tongue'. Mr. Collison gave the impression that Bill's will be opening at a time when it clearly won't. He also gave the impression that the historic building wouldn't be touched. In fact, the plans show that the historic, custom designed acoustics will be decimated by a large hole cut between the floors. The unique architectural design of the solid arches on the front elevation will also be destroyed and glazed. Bill gave the impression he loves Horsham, but he walked away two years ago voluntarily (the clause in the agreement could have been waived). Bill's is, in our opinion, an offshore financed, big business venture of 'chain' restaurants. Other branches, such as Covent Garden in the past, continue to take precedence over Horsham. If the tenancy agreement goes ahead, then Bill's Produce and COTE will deserve everything that is coming to them.


3) Support our forthcoming objection to the District Auditor. We can make this objection on the 8th August 2012. The expected investigation (the third in as many years) will cost the taxpayer money (a few thousands) - but it will be worth it. If suppliers to HDC cannot have confidence in the fairness of the Council's procurement process they will not bid. This will lead to a lack of competition and a resultant decline in quality. It will also lead to an increase in cost of bids that are made; as potential suppliers try to offset the risks associated with a perceivably unfair process. Such a situation could cost the taxpayer millions of pounds in forthcoming years. On the plus side, lots of the evidence from the previous two investigations of the Council bad behaviour and the role of others like Davis Coffer Lyons and Bill's Produce can be revisited. This should help to reduce the cost of any further investigation. The Council are currently struggling to disclose the detailed scorings of the latest bids under Freedom of Information. However, another District Auditor investigation will lay the facts bare. In our opinion, such an investigation would show a selection process of 'Libor rate fixing proportions'. The District Auditor called for a transparent and accountable process at the Council's Accounts, Audit & Governance Committee. The fact is; Ms Thompson (District Auditor) didn't get what she asked for. As we will explain in a further update - the selection process (at the expense of W J King) was actually worse than the fiddled one last time around - the one that saw Gondola similarly lose out unfairly to Bill's.  


4) Support our interventions at the High Court. In our opinion, the Council 'got away with it' on the last two occasions. First time around, they failed to declare to the Court that the planning application for the Old Town Hall was their own. Second time around, when we applied for the injunction, the Council failed to serve their response on us properly i.e. it was only served by e-mail. It meant that we did not have the opportunity to counter the Council's submission before the Court made its necessarily quick decision. Next time, there will be no mistakes however. 

Spread the word!

9

14 June 2012

Question: What is the most recent question put to the council under the FOIA regarding
the bidding for the Town Hall?


Answer;This is the text of the latest FOIA request from a local businessman;

Thank you very much for the information on the latest Old Town Hall bids and the speed it was provided, which was much appreciated. However, there does not appear to be sufficient detail in the response for me to ascertain whether the bids were evaluated fairly. Please could you supply the details of the actual bids as they were considered therefore? I believe these details were exhibited to a group of Councillors at one stage. Please could you supply the detailed scorings of each bid too? The figures appear to come from score multiplied by weighting - but at the moment I cannot verify whether the scores that were accumulated in each category were justified.

As an example, the bid of Bill's Produce scores better than W J King for having less impact on this Grade II Listed Building. However, Bill's Produce is set to cut a large hole between the two floors and decimate the custom-designed acoustics of both levels. This hole would also severely adversely affect the historic raised stage and panelling on the upper floor one would imagine. Bill's Produce also plans to knock out the uniquely designed, in-filled arches, that were consistent with the OTH's historical use as a Courtroom. It seems to me that W J King would have had to have plans to virtually demolish parts of the building in order score lower than Bill's Produce in this respect therefore. However, I thought that the Blue Flash Music Trust and W J King proposals incorporated minimal changes to the building.

I would be grateful for the further level of information mentioned above therefore.

Many thanks for your assistance in this matter.

10

16 June 2012

Question: What other fiddles might there have been to give Bill's as the answer in the latest Old Town Hall evaluation process?   


Answer: The Council's website says "Bill’s will pay for the building’s ongoing maintenance, running costs and spend £750,000 on renovations and improvements."

 

However, this is not true. Most of Bill's money would not be spent on renovations and improvements to the building, it would be spent on re-fitting the Old Town Hall for restaurant use. W J King may have been unfairly penalised for not needing to spend as much on conversion, yet King's committed spend on true 'renovations and improvements' would probably have been about the same.

 

Much of the Bill's Produce spend would also seemingly be committed to un-improving the building. Once Bill's cuts a large hole between the two floors, the qualities of this building and it's history as a Courtroom and old style Council chamber will be lost forever, so will the uniquely designed solid arches when, according to the plans, Bill's knocks these out too.

 

These changes to the building are obviously high risk too. The Council's website boasts:

 

"The addition of Bill’s to Horsham is set to further enhance the gastronomic reputation and private investment the town continues to achieve thanks to Horsham District Council’s proactive work in supporting the local economy by attracting inward investment into the town’s East Street and nearby areas."

 

However, nothing can be further from the truth. The Council is bringing little demand to the area. In fact, with big employers such as Novartis, RSA and the RSPCA shedding jobs, demand is falling. This is why the community proposal for the OTH based on tourism was so important to the businesses of the area as a whole. At best, the opening of Bill's in the Old Town Hall will simply spread existing demand more thinly around the various restaurant outlets in the area as a whole. Perhaps we are likely to see more Horsham restaurants reducing their opening hours or reducing the days they are open in the near future.

 

If Bill's were to fail in the Old Town Hall as a restaurant, or be allowed to walk away (as no-one knows the terms of the proposed lease), given the gaping hole, Horsham would be left with an unusable building for other purposes. This historical building's wonderful acoustic properties would have been destroyed for nothing.


11

21 June 2012

Question: Is Councillor Burgess’s statement true, in his letter WSCT 7 June 2012 re future development of the Town Hall, that “The only contender is Blue Flash Music Trust and its website infers this is actually one member acting by himself?”

In the minutes for the council meeting 15 May 2012, when the future of the Town Hall was being debated, it is recorded that Ms Jeanette Stone asked the following question:

I would like to know why we need yet another restaurant & market at Horsham Town Hall? We already have enough restaurants & the existing markets are far superior to Bills Produce. Please give Blue Flash Music Trust a chance to show what they can do in the Town Hall.”


Ms Stone asked a supplementary question, as to how a restaurant in this location would affect the other restaurants in the town.


Councillor Arthur replied, referring to his earlier reply, indicating that this business would be different from and complementary to the existing restaurants in the town.


The Trust is very grateful for these questions from Ms Jeanette Stone, who is one of the many people who have come to the support of the Trust, over many years, as can be found on numerous
occasions in letters to the local press.

12

23 June 2012
Question: Why has Horsham District Council been so evidently

biased towards Bill's Produce over the years?


Answer: We do not know for sure as yet. However, it may be something to do with the relationship between Horsham District Council and Bill Produce's sister company COTE that opened up in Horsham's East Street four years ago. The project managers for Bill's Old Town Hall project were from COTE and many involved in Bill's Produce had COTE e-mail addresses. COTE may also have had a lot to do with Davis Coffer Lyons being on the shortlist as Agent for the Old Town Hall. Davis Coffer Lyons were ultimately selected as both Agent and consultant to the Council and many thought this was an obvious conflict of interest. Perhaps the 'cosy' relationship between COTE and Horsham District Council is demonstrated by the East Street trader’s meeting held at the COTE restaurant. 

13

27 June 2012

Question: What other options are there for opposing this travesty of justice
i.e. Bill's Produce in the Old Town Hall?


Answer: We still have an option of yet another objection to the District Auditor. This time we feel that it is unlikely that she will be able to resist issuing a Public Interest Report against the Council. As the current Chairman of the Council put it at the last Accounts, Audit & Governance Committee "What you are telling us is that we have sinned two years in a row and we should not sin again." However the Council has very much sinned again.

HDC used exactly the same sub-standard procurement process for the Old Town Hall once more - after giving assurances to the District Auditor that they would get it right this time. The District Auditor said that such a process could not eliminate the possibility of allegations of bias - so unsurprisingly - a repeat of the process, again in the hands of just one Cabinet member, produced another biased decision in favour of Bill's over the W J King proposal. Last time of course it was a biased decision in favour of Bill's over Gondola. The appointment of Crickmay as joint agent was another waste of taxpayers' money it seems. Crickmay had no independent role and simply passed on enquiries. Their only role in our view, was to distract people from the possible conflict of interest issues concerning the other agent - Davis Coffer Lyons (as referred to by the District Auditor previously). 

The Council already realised that they are struggling to defend the latest OTH decision it seems. Last night they stopped us speaking at the Accounts Audit & Governance Committee (AAG) as we had previously agreed with the Chairman of AAG when we spoke at the December meeting. It is a constitutional necessity that this committee is chaired by an opposition Councillor. However, it seems that there is not an independent Chairman of this committee any more. He is, in our latest opinion, effectively a puppet of the Council Officers who are in turn, 'puppets' of the Council Cabinet. The District Auditor pointed out in the March AAG meeting that our comments from the December AAG had not been minuted and she had warned the Council about the quality of minutes before. Rather than minute our comments this time around, they simply prevented us from speaking. There is still no local democracy in Horsham it seems.

The Council are also making up other criteria to boost their latest biased decision in favour of Bill's Produce over W J King. Councillor Crosbie said that he was worried about the security of the pub business. However, W J King wasn't proposing a pub. It seems that the low level of understanding of his HDC Cabinet colleagues is rubbing off on him as Chairman. We would also take a long-standing local company like W J King, with community ties, community history, and community loyalty over an offshore-financed restaurant chain like Bill's Produce anyway. With Bill's branches opening up here there and everywhere, who would need to travel to Horsham to go there? There will be little new demand - and Bill's in the OTH will only take business away from existing restaurants in East Street who are already finding it tough. The existing lack of demand is already demonstrated in the fact that many of them are not open seven days a week. Don't take our word for it though - listen to the Council's restaurant consultant who was also the Agent (joint Agent last time around) and the sole Agent when Bill's went into Covent Garden. There is no certainty in business and Bill's will be as vulnerable as anybody else. A source from inside Bill's recently said that he wasn't going into the Old Town hall yet because he was concentrating on two other branches. If things go wrong then Bill's will undoubtedly have the clout to walk away. If so, having cut a large hole between the floors, Bill's will leave the Horsham community with a useless building. The risks are high.

The District Auditor can't make the Council listen to her recommendations. The Council is free to ignore her advice. However, the public, shareholders, indeed anybody, can reasonably expect that any advice from an external auditor will be followed. The public must therefore be urgently made aware of the Council's arrogance and irresponsible behaviour via a Public Interest Report.

In the meantime, we will also challenge the latest biased Council decision in favour of Bill's in the High Court. The previously fiddled Gondola scorings will undoubtedly boost our case. We have until August 15th 2012 to get the paperwork together. 

14

3 July 2012
Question: Is Bill's Produce still serious about going into the Old Town Hall?


Answer: So there is an application for licensing on the front of the Old Town Hall. People should not be fooled by this. Three years ago Bill's Produce 'poached' Horsham District Council like an already dead kipper. The fact is, that Bill's Produce voluntarily 'walked away' from the previously signed Agreement with the Council. It remains a possibility that they strung HDC along in order to delay any competition with their sister company Cote in Horsham's East Street, while they concentrated on new Bill's Produce branches in other areas. There was a new marketing exercise last year costing the taxpayer £3,000. We expressed an interest in that exercise; as our proposal was not a million miles from the Bill's Produce offering - except for an accountability and service to the local community. However, both the Council and the Agent (previously linked to Bill's) declined to send us the details.

It seems to us that the licensing application is simply to reassure the Council and the public that 'something is happening'. However, as a recent application from a local businessman under the Freedom of Information Act reveals, even two months on from the decision, there is still no signed tenancy agreement between the Council and Bill's Produce.

There is no doubt in our minds that Bill Collison was 'wheeled out' in the local press as the 'acceptable face of big business'. How this benefits the people of Horsham, nobody in our view really knows. There appears to us to be no real difference between the 'offshore antics' of comedian Jimmy Carr to that of Bill's Produce. Bill Collison was quoted as saying in the West Sussex County Times on 10th May 2012;

'He hopes Bill's Horsham will be open for business (in the Old Town Hall) by late summer, in time for this year's Harvest Festival.'


In our opinion, the natural response is "All pigs are serviced and ready to fly!"


P.S. We have just heard back from the District Auditor about our proposed objection to last year's accounts and the alleged lack of 'value for money'; and the sham process that was destined to be, once again, biased in favour of Bill's. More news of this to follow." 

15

17 July 2012

Question: The recent refusal of Horsham District Council to release the terms
of the proposed lease with Bill's Produce sounds a bit dodgy. Why is this?

Answer: Because it will be likely to compound the allegation of HDC bias in favour of Bill's. It is an almost certain fact that Bill's Produce was already unfairly selected by the Council over Gondola (three years ago) and W J King (recently). If the terms of the proposed lease with Bill's Produce were to be disclosed to the public, the other tenants of HDC on much less favourable terms, would be likely to object. The question, in our view, is really: "Why didn't Bill's walk away for good?" The answer probably lies in the fortunes of its sister company COTE in East Street. COTE wants its table and chairs in East Street at the expense of other traders such as the small independents and the charity shops. The Council may therefore have exerted its leverage over Bill's to (perhaps unwisely) re-enter the frame on the Old Town Hall. It looks to us from the East Street plans that COTE are indeed 'gainers'; over 'losers' such as Pizza Express. Conversely, and in response, Bill's Produce may be 'dragging out' negotiations over the lease until the COTE 'tables and chairs' issue is finalised. Once COTE have fulfilled their 'tables and chairs' objectives then 'Bill's Produce' will then be able to 'walk away' from the Old Town Hall 'for good'. In such an event, we will wish them well for the success of their other branches, and concentrate on our own proposal in partnership with the Council; one that will bring the necessary tourism benefits to Horsham town.  

16

19 July 2012
Question:  Is there no way that we can get our hands on the proposed lease with Bill's Produce?


Answer: Yes, but it will take a bit of time. The requester will first need to ask for a review under Freedom of Information Act and the Council will have 21 days to respond. After that, it will most likely be a decision by the Information Commissioner. There is a precedent in the publics' favour with the release of the clause under the last aborted agreement between Bill's and the Council previously. It showed that the last deal faltered as a result of a lack of expected profits at Bill's Reading Branch in the early weeks. This was another example of Council Cabinet stupidity over the OTH in our opinion. The commercially sensitive information was redacted (blanked out) which of course was accepted. It is thought to be likely that the Information Commissioner will find in the requester's favour therefore. In any case, the proposed agreement may also be revealed in any forthcoming investigation by the District Auditor. Unfortunately, we cannot make this application until 8th August.

17

25 July 2012

Question: Is the opposition to Bill's really the work of a tiny minority?


Answer: Such was the claim in last week's Resident article. (See Press Release update 20 July 2012) Once again, 'Mr. Nice Guy', Bill Collison was 'trotted out' in order to try and persuade us that we will all love Bill's.

Firstly, you can rely on the less sizeable pool of experienced journalists at The Resident to push such an unbalanced, 'non-story'. Secondly, you can rely on the fact that an increasingly cynical, down-trodden population of Horsham town will not be fooled any further by a despotic Council. Presumably, the West Sussex Council Times (WSCT) - sorry, West Sussex County Times - was given the same 'non-story'; and if they were; chose not to report it. The reason may be that Editor in Chief, Gary Shipton, has been quietly canvassing opinion on Bill's going into the Old Own Hall, on his travels; and has been receiving some 'short and sharp' answers that are not in favour. That said, Mr Shipton obviously has to tread a fine line publicly. For one thing, he is Chairman of the largely ineffective, Council led local 'quango' that is the Horsham Community Development Partnership.

The other answer lies in the local competition between the two newspapers. Normally competition is favourable and healthy. However, the Council places a large amount of statutory advertising and may be using its usual 'bullying tactics' - playing one paper off against another - in order to keep the two papers 'in-line'. Accountability of Councils via the local press was one issue that featured in the Twelfth Inquiry of the Committee of Standards in Public Life - to which the Trust gave evidence. Unfortunately, the inquiry was 'pulled' due to the MP Expenses scandal. 

Make no mistake, Bill Collison is indeed a 'nice guy made good'. He got a good break with the Lewes floods, but has now, in our view, lost his way - 'selling out' to offshore financiers. In our opinion, in spite of his claims, he has as many links with the Horsham community as penguins have with polar bears! He is also not a 'safe pair of hands' when talking to the press it seems. Rumour has it that the Horsham Branch was going to break with the national brand and call itself 'Bill's Porkie Pies'.


'Porkie Pie' number one: Bill's would be open in late summer. Did we believe him? No! It seemed that Bill's advertised some senior jobs in the Horsham branch and they were then inexplicably 'no longer available'.  

‘Porkie Pie’ number two: Who'd want to touch the building? Answer: Bill would; by cutting a large hole between the two floors (decimating the historical, custom designed acoustics) and trashing the historical feature of the solid arches on the front elevation.  (See cartoon above)


One would ask how these particular adjustments (trashing an historical and iconic Grade II listed building) would fulfil the Council tourism strategy based on arts, heritage and leisure? As one Horsham resident put it "I can't even put a Sky dish on my Grade II listed house!".

There was once a second Council Old Town Hall Advisory Group (after the zero-cost community proposal for the Old Town Hall and its place in the tourism strategy from the Trust was 'stabbed in the back' from the first one) formed to pursue the goal. This 2nd Council Advisory Group 'disappeared up its own backside' in a usual display of Council incompetence - hence the desperation to get Bill's back in the frame. A saying springs to mind:

"If you can't run the monkey enclosure; then it is unlikely that you will be able to run the whole zoo". We are not sure, but the saying is rumoured to be inspired by George Orwell's Animal Farm. That is, the book where "all animals are equal, but some are more equal than others". However, the pigs were firmly in charge.

However, the aforementioned rumour turned out to be untrue and the Horsham Branch in the Old Town Hall was indeed going to be called 'Bill's Produce'; like all the others in this offshore-financed chain. In the recent article Bill Collison therefore 'produced' two corrections:

1) Bill's will be open later in the year.

2) We will all love the decimation of this historic building (that we might be left with in an unusable form, if the Bill's chain, rich backers were to subsequently seek its fortune elsewhere).

If we are a tiny minority why would Bill be trotted out in such a press release to take us on? If we are a tiny minority, why has Gary Shipton of the WSCT not got the answers from the public he wanted? Why does someone feel motivated enough to speak at a Council meeting opposing Bill's when they have no connection with the Trust - and do this without our knowledge? Why do the Facebook and Twitter co-ordinators urge visits to our site when they have no connection with the Trust?

Over a thousand column inches of hostility in the local press in the last five years say that Bill is wrong. From our 'You the Jury' consultation, not one person says that the Council has behaved properly and all believe that Bill's should have walked away permanently whilst the "going was good".

However, the 'proof of the pudding will be in the eating'. As one Horsham resident put it "Let's hope that it won't be dinner for two at The White Elephant".    

 

18

1st August 2012

Question: Who won the competition for the 'Boycott Bill's & sister co. COTE' logo?


Answer: Indeed, the successful entry was a late one - right up to the wire - and based on our Bill's Porkie Pies update. However, the proud winner says he wishes to remain anonymous.  Therefore we will refer to him by his alias, ‘Bill Stickers’ in future. So, congratulations to Mr. Stickers for his 'Bill's Produces Porkie Pies' logo which will go on the posters, leaflets, T-shirts and stickers. We expect to have these produced in the next couple of weeks. HDC are undoubtedly still the bad boys too, but in the absence of any democratic power for the townspeople (because the largely out-of-town despotic Cabinet still 'gets in') - then 'consumer power rules OK!' (Winning entry below.)

19

7 August 2012

Question: Is the application for tables and chairs for Bill's in Market Square a problem?


Answer: No it's an opportunity. It means we can delay bringing a further legal case while we build up the 'Boycott Bill's Produce & sister co. COTE' campaign. Contesting the inevitable, positive decision from HDC in favour of Bill's (at the expense of neighbouring businesses) will enable us to bring in the dodgy planning issues of the past, as well as the bias towards Bill's over Gondola, and the subsequent bias towards Bill's over W J King. It is preferable to contesting the Council decision in May. We can also potentially use any evidence thrown up in a District Auditor investigation (window of opportunity opens 8 August 2012) - as well as gain disclosure on things like the Council efforts to appease Bill's in 2006 (in contravention of Council policy at the time).The Council currently won't give up details of the proposed lease with Bill's, probably because the lease is likely to be on ridiculously favourable terms to Bill's, over and above the Council's other tenants. On planning, the taxpayer paid for the plans and the application fee, before the plans were promptly handed over to Bill's. The Council then failed to declare its own planning application to the High Court leading to an erroneous decision by the Judge. The Chief Executive offered us a meeting during the period in which we could make a Court Appeal - and then withdrew the offer when the Appeal period closed! This is a very badly behaving Council that will seemingly stoop to any level to appease Bill's Produce and its sister company COTE. 

That isn't to say that we shouldn't object to the application for the tables and chairs in Market Square and urge the neighbouring businesses to do the same. We have evidence that Market Square has been regularly used for community activities for centuries. Also the Trust has held community events there in the past.

One thing about the application for Market Square is that it is invalid. It quotes the application as being from Bill's, Old Town Hall Building, Market Square Horsham. As far as we know, Bill's Produce has not signed the lease yet. The application for Market Square is therefore from an invalid address.

20

10 August 2012

Question: Why did the West Sussex County Times break cover this week and
produce another un-balanced pro-Bill's article?


Answer: Seems to us that the bully-boys of the Council Cabinet have been at work in order to to bring them back into the fold - and become the mouthpiece of the West Sussex Council Times once more. Interestingly, The Resident stayed quiet on the OTH this week. The article in the WSCT (reproduced on our Press Release page) might have given itself the pretence of balance with the "What do you think?" caption at the bottom, but of course, that doesn't mean any opposing views will get printed. We think that the Council would be on the phone to Editor-In-Chief Gary Shipton in an instant if that were to be the case.

The truth is however, that both the WSCT and the Council are terrified that Bill's hasn't signed the lease yet. It is a little detail that invalidates the application for Bill's tables, chairs and umbrellas in Market Square. Bill's (or perhaps, sister company COTE on their behalf) can't legitimately apply to dominate Market Square from the Old Town Hall address. However, this will not be the main ground on which we will contest the application in Court once its approved. The Council has a long history of provable bias in favour of Bill's and therefore cannot independently make an objective Save OTH Market Square decision. The application will also be at the expense of neighbouring businesses, as the plans on our '' page on this site shows. But don't take our word for it - i.e. about the effect on other local businesses - listen to the word of the Council's consultant, who just happened to be the 'so called' independent marketing agent - the same exclusive agent for Bill's branch in Covent Garden. It reminds us of the old joke: "A charge of nepotism at HDC was denied by a Council spokesman's daughter!"


Analysis of the WSCT article this week shows that the campaign of 'Boycott Bill's Produce and its sister company COTE' (around the caption and cartoon of 'Bill's Produces Porky Pies') is very apt. If Bill has been reported accurately by the WSCT - then the previous 'Porky Pies' about opening in the summer (when the Council recently stated that there was "no timetable") and not touching the building, have been added to below. "Bill has had his heart set upon opening a restaurant in the Grade II listed building at the top of the Causeway for more than seven years."


Porkie Pie 'Number 3' then - Fact: Bill's voluntarily walked away from Horsham in 2010. He could have waived the clause about his Reading profits in the signed Agreement with HDC but he chose not to. It seems that Bill did not love us as much as he would like to make out.


Porkie Pie 'Number 4' - Fact: Bill did not announce any bid in the further marketing exercise of June/July 2011, which cost the taxpayer another £3,000. Once again, it seems that Bill did not love us as much as he would like to make out. The Trust wanted to make a bid at that time - but the Council declined to send us the details. Nothing except Bill's would ever be entertained it seems.


Bill's tables, chairs and umbrella's would give us a 'Mediterranean feel' we are told. We're sure that other local businesses might secretly think that we in Horsham can all become a bit like Greece. While the odd 'fat-cat' in Greece will undoubtedly survive, the rest will have to suffer.


In May Bill said "We'll bring some lovely products you can buy, and we'll offer a place where you can meet as a community." So where the Horsham Community once met and performed in Market Square for free, or met cheaply in the Old Town Hall, you can now pay through the nose and further line the pockets of Bill's backers such as billionaire Richard Caring. That is of course, if you don't want to visit Bill's sister company COTE down the road in East Street and do the same. There you can get in the way (along with tables and chairs and umbrellas) of the disabled and necessary deliveries to other shops what has become the Council's chaotic East Street project. It seems that COTE put their tables and chairs up a bit prematurely this week until someone objected. However, once again, with this wayward Council, approval will be a foregone conclusion. Such is the leverage that Bill's and COTE have we feel. We've been trying to think of a suitable metaphor. Pretend for example that the Council has a 5 litre tin of paint and the Bill's/COTE alliance have the same. While Bill's/COTE have two, big, fat screwdrivers to open the tin, the Council Cabinet are trying to open theirs with a lolly stick. This is no doubt why the Council won't publish the details of the proposed OTH lease - as it will cause outright rebellion from their other tenants we believe. The Council are hiding behind 'commercial sensitivity' of course, but as per precedent, any (truly) commercially sensitive information can be redacted (blanked out). 


One absolutely truthful thing about the Bill's article this week is that the mess has been going on for seven years. Bill's was involved in 'under the table' negotiations with the Council Cabinet (against Council policy at the time) in order to try and block the winning community bid. The HDC Cabinet behaviour has got steadily worse since. Scrutiny Committee and Accounts, Audit & Governance do not have the courage to stand up for what is right. So the people, via 'consumer power' will have to do the job.     

Making progress? We don't think so! Or maybe it can be argued that the Titanic made good progress to the bottom of the Atlantic!  

21

16 August 2012

Question: Is the sycophantic 'Meet Bill' article in The Resident glossy magazine this month a problem?


Answer: No, its another opportunity. Indeed, the Council, COTE, local press alliance 'propaganda machine' was working overtime this week with a considerable amount of huffing and puffing. However, Peter Gabriel (of Genesis fame) once wrote a song about fairness and justice including the words:

"You can blow a candle out; but you can't blow out a fire;

When the flames begin to catch; the wind will blow them higher."

So the message to 'the alliance' is "Keep on huffing and puffing and you will burn (rather than blow) your own house down." Thanks to the unethical behaviour of the Council on the Old Town Hall , your house is also made of straw.


And so to The Resident article 'Meet Bill ...'

Bill is clearly passionate about burgers and beers (though more passionate about Harvey's from Lewes; than Kings, Weltons or Hepworths from Horsham it seems). It reminds us of when David Cameron's PR machine was so keen to put 'Our Dave' amongst 'the ordinary people' by eating a pasty. Bill Collison is no David Cameron of course, but they do have two things in common:

1) They are both backed by billionaire Richard Caring (at least whilst there is a 'fair wind');

2) Like 'Our Dave', when he talks to the press, Bill Collison 'puts his foot in it' (rather than a burger). You may remember that David Cameron forgot to check that the branch he allegedly bought his delicious pasty from was still in operation at the time.    

The Resident claims that Bill owns 10 Bill's restaurants. However, this is not the case. Bill has lost control of the business. More accurately, there are currently 10 Bill's restaurants bearing Bill's first name as part of a 'Mr Nice Guy' brand project managed by COTE .

Make no mistake, Bill Collison is a 'Nice Guy'. The Trust's Business Advisor and one of the Trustees once met him at his Lewes base. Like most businessmen Bill had a big slice of luck in his 25 year journey. The Lewes floods helped him to majorly develop and refurbish his Lewes operation. To paraphrase an old saying "It's an ill flood-water that swamps nobody no good". However, nobody (including us) would deny a nice guy like Bill his fortune.

Bill talks about the early days and the early idea. It is indeed a noble past but the reality is somewhat different now. At the end of the day his financiers and COTE masters will call the shots. Times are tough for the restaurant industry and the COTE managers are likely to want to lever as much economies of scale as possible from a joint supply chain. Bill will perhaps stock and sell things accordingly, no matter what the early idea. Those economies of scale will likely come from centralised sources and will therefore be for the most part 'non-local'. Consequently, there will be little benefit to the local economy from the supply of goods, as there would have been with the Trust or W J King proposals. The economies of scale will also put greater competitive pressures on the smaller independent, local restaurant owners in Horsham.

"At many Bill's sites there is also a produce store where you can buy Bill's own brand goods." This begs two questions:

1) How many - and which of the Bill's stores - don't have a produce store attached to them?

2) Will Horsham have a produce store attached to it at the Old Town Hall , or will it maximise profit from restaurant covers (including the unfair domination of Market Square )? Speaking of Horsham profits; those profits are likely to be used to expand the COTE/Bill's empire elsewhere; rather than be re-invested in Horsham. This again makes the Bill's proposal less attractive than the Trust or W J King proposals - or indeed any other independent local operation. The lack of uniqueness (in that Bill's is a 'chain') will also not draw people to the town from elsewhere as much as some of the established independents. The Trust proposal on the other hand, had a major tourism benefit to all local businesses and residents. 

"Many of the staff Bill hired 25 years ago are still with him today."

A quick look around Bill's branches will tell you that many of his staff were barely born (if at all) 25 years ago. However, this is not unusual in the catering industry. In all probability too, Bill probably doesn't much get more than the average couple of years. The payroll system (perhaps likely shared with COTE ) will tell the true story.

It is claimed that Bill's in the Old Town Hall will create 50 jobs in Horsham. It is highly unlikely that these are 50 FTE (Full Time Equivalent) jobs. In catering, the jobs that are created, are often part-time and casual, and the pay is often poor. Again, the payroll system would tell you what the average wage and hours at Bill's were. Not much will perhaps be re-invested in the local economy by the workers therefore; and again, the total investment would probably be much less than the Trust and W J King proposals.

"These days, Bill works with his business partners on the expansion of the company". The Bill's Produce project is managed by COTE .

"Thankfully I have a business partner who has complimented my skills, driving the business forward. I think of her as the Dr Watson to my Sherlock Holmes." Bill doesn't seem to be sure how many business partners he has! Sherlock Holmes could count we think. However, given Bill's loss of control of the business perhaps he can be forgiven.

"Horsham will love the end result of their restaurant"

Bill declines to mention the Old Town Hall specifically. The Horsham people are unlikely in our view to accept the large-scale destruction of this historic Grade II Listed Building by cutting a large hole between the floors and trashing the unique arches. The controversy (past, present and future) would likely keep customers away.

"Bill gives back to others whenever he has the opportunity too. He says he likes to support local business wherever possible ... "

Bill clearly doesn't have the opportunity to support local business any more. The greedy application to dominate Market Square at the expense of other local businesses, or disproportionate to opportunities afforded to other local businesses; the likely ridiculously favourable terms of the Old Town Hall lease; and the lack of winning the Old Town Hall bid on merit - is all a big "screw you" to other Horsham businesses in our opinion. However, we realise that this unfair situation is being perpetrated by others acting on Bill's behalf. 

Why was there such a sycophantic article from The Resident? It’s not just Council bullying of course - or the pursuit of statutory advertising from the Council by the newspaper. It's also the pursuit of advertising revenue from Bill's itself.


  However, we have news for the Resident and the other local newspaper....

"There will never be a Bill's Produce operation in the Old Town Hall. "


Thanks largely to the stubborn Council Cabinet's unethical behaviour, there are far too many skeletons in the Old Town Hall  closet rattling to come out. The project managers of COTE and Richard Caring did not get where they are today by being stupid. To push ahead with the Old Town Hall Bill's Produce project would unnecessarily bring the 'Mr. Nice Guy' Bill's Produce brand 'crashing down'. COTE will be acutely aware that if things continue the way they are, it will not be long before a story that included someone with the profile of Richard Caring attracts the attention of the national press (large enough in scale and distribution to be more independent). Over the next month we will gradually be revealing the content of our forthcoming objection to the District Auditor (deadline the end of September). The Audit Commission has twisted and turned as the Council have ignored them in the past, but this time there is no 'wriggle room' left it seems. Only the project managers from COTE can determine whether we need to actually make the objection.


And so to the West Sussex County Times .....

We issued a press release about the planned boycott of Bill's and its sister company COTE  this week in response to last weeks appeal. A journalist from the WSCT got back to us and said that they could not report a boycott but could report our objection to the tables, chairs and umbrellas instead. We duly served the objection on the Council and revised our press release accordingly. Surprise surprise! The West Sussex Council Times didn't report the objection after all.

The text of our objection to the tables and chairs can be read on the link Save OTH Market Square

22

20 August 2012

Question: Who's who in Bill Collison's Sherlock Holmes analogy
(re-article from 'The Resident' magazine).


Answer: We think that Dr. Watson is Louise Neilson the COTE Projects and Development Manager. However, we think that Sherlock Holmes will be one of billionaire Richard Caring's right hand men (ex-Strada and Directors of COTE) either Andy Basadone or Chris Benians. This perhaps leaves Bill Collison more accurately described as Mrs Hudson in our view.

With the publication of the spoof article 'Story time with Bill', we realise that some people might think that we are being mean to Bill personally. However this is not the case. By doing what we are doing, we are light-heartedly attempting to preserve the COTE and Bill's Produce brands - not to destroy them. All COTE has to do, on Bill's behalf, is walk away once more. To that end, we generously did not add the false accusation that the Trust had caused the previous Bill's walk-out, as another Bill 'porkie pie' on our leaflets. In fact, a Freedom of Information Act request by local businessman David Brooks revealed that Bill's 'walked' as a result of less than anticipated profits at the Reading Branch in its early weeks. However, we are happy to take the blame once more! Alternatively, we are happy to stop at nothing, in conjunction with other arts and music organisations, to help protect arts venues such as the Old Town Hall for the future. Even if Horsham Old Town Hall became a Bill's Produce, we would still be certain to make an example of what can still happen to big business when they ride 'rough shod' over the community - in partnership with an unethically behaving Council as well in this case.  

COTE will be well aware of the many difficulties they still face in Horsham. We will challenge the licensing application for Market Square for starters. Other local businesses would no doubt like to openly challenge it too (perhaps not as far as Court like us), although they will have to be careful. This is a very 'toys out the pram', vindictive Council in our opinion and we think that many local businesses also realise this. We will also argue in Court that COTE will need a new Stopping Up Order to carry out the partial destruction of Old Town Hall. This is obviously a new Agreement and there has been considerable delay since the previous Stopping Up Order was granted. Circumstances have changed. In any case, it will be a good opportunity to highlight the previous false declaration to the Secretary of State by the developers. We think that is the trouble with this Council. The Council are not only happy to trash their own reputation, but they are quite happy to take down the reputation of others as well - just as long as they can get their own way like petulant little children. Until the Council changes its ways, all people thinking of dealing with this Council should be wary. Unfortunately for Bill's Produce, the previous history already means that they should sensibly walk away. Unfortunately, there are still many Council 'crimes' for us to reveal, my dear Watson.

23

22 August 2012
Question: What makes the Trust think that the Council indulges in bullying tactics and adversely affects other’s reputations?

Answer: There are loads of examples, but here are a couple of highlights.

1) In 2005 English Heritage indicated that the historic architectural feature of the solid arches should stay. In 2009, following the Council’s planning application that eventually saw the taxpayer funded plans handed over to Bill’s Produce, English Heritage had inexplicably switched their position to thinking that to trash the solid arches and glaze them was OK. We will provide more detail on this in the next couple of weeks. However, the reputation of English Heritage remains seriously undermined.

2) The local press recently dutifully reported ‘good progress’ on Bill’s in the Old Town Hall. However, Horsham residents are not stupid. Many are aware, including the press, that Bill’s advertised senior positions for Horsham Old Town hall and then withdrew them. That is not good progress, it’s ‘reverse gear.’ The credibility of the local press was seriously undermined as a result we think.

3) Having walked away in 2010, why on earth did COTE return with a Horsham Bill’s in 2012? Two possibilities exist in our opinion:

a) The Council has some kind of ‘hold’ over COTE and threatened to ‘blow the whistle’ if COTE did not bid (under the name of ‘Bill’s Produce’) for the Old Town Hall again. This sort of action might affect the Council’s reputation too perhaps, but history says they don’t really care. HDC regularly indulge in ‘slash and burn.’ Due to the lack of a Town Council, or conversion of the Neighborhood Councils to Parish Council’s (denied by the Council), the largely out-of-town Cabinet will always continue to rule the roost no matter what the damage. Their unaccountable arrogance knows no bounds and they will sacrifice anything to get their way it seems.

OR

b) Some, big, fat, disproportionate incentive (as compared to other businesses) was offered to COTE to put an Old Town Hall ‘Bill’s Produce’ back in the frame. Again, the Horsham District Council Cabinet (the bullies in the ‘school playground’ that is currently the HDC Council Chamber) need to get their way.

We will probably require the help of the District Auditor (alias Miss Marple) to find out which.  

The sad thing is, that Bill Collison is currently a major victim in all this in our view. Last year, after abandoning the Old Town Hall for the first time, he was cruising along. Now after a ‘long and successful tour of duty’ he has unjustly been put back in the ‘firing line’ by a combination of actions by Horsham District Council and his COTE masters. Here are some extracts from an article about Bill Collison in The Argus in 2011:       

“Although he’s rarely in the limelight himself, Collison’s tastes can be spotted in every corner of his stores, from the coloured raffia bundles that hang from the ceiling to the retro pin-up girls that adorn the menus. He has a particular person who writes the blackboards – he won’t use anyone else – and a tendency to obsess over the exact colours and arrangement of garnishes.

Born into a traveling family, Collison left Lewes Priory School without sitting his O Levels to join his father working on the land. A somewhat disruptive pupil, he was asked to leave before exams started. Last year, the head asked him back to present an award.

“I wish they’d make their minds up!” he grins.

His father gave him the Lewes High Street “shed” when he was 22, in an attempt to put his wayward son on track.

Collison junior quickly built up a loyal fan base for his groceries – Webb recalls him stocking ten types of mushroom, while in London she was struggling to find similar – but it was, at the end of the day, just a job.

The first Bill’s café opened in 2001, rising phoenix-like on the site where the shed had stood until being destroyed in the floods that devastated the town in 2000.

Customers were invited to sit down amongst the fresh produce – something of a novelty at the time. Collison stopped selling imported fruit and veg and started buying local, seasonal stuff – again, long before it became a foodie mantra.

“It was an easier way of doing things and something I could do with belief,” he says.

They won some awards, including the Observer Food Monthly’s Best Newcomer award in 2006, and started making their own chutneys and jams. They put fruit on pizzas, added roots and sprouts to salads and sold puddings that people would photograph before they ate (and still do).

“We wanted Bill’s to be somewhere that really celebrated food and was welcoming to everyone,”

Ten years down the line, the original Lewes store has been joined by one in Brighton and another in London ’s Covent Garden .

The fruit and veg side has all but disappeared.

Whatever people may claim, most don’t really want to scrub mud off misshapen potatoes. “If we’d stayed only a fresh produce store we wouldn’t be in business now. It’s the cafés that have carried it.”

He misses getting his hands dirty, but accepts change is inevitable.

Last year, Collison teamed up with millionaire businessman Richard Caring, whose portfolio includes London restaurants The Ivy, Le Caprice and J Sheekey. The millions Caring has put into Bill’s in the past 12 months means new stores are opening all over the country (Cambridge at the end of the month, with Oxford and Bristol looking set to follow).

Does he worry the brand will get diluted?

Although the new branches will remain under the control of the company’s directors, it’s surely hard to keep replicating something that has always felt quite unique.

 “Things have to keep getting better and certainly, the businesses are busier than they’ve ever been.

We’ve got a great team and Richard Caring doesn’t have anything that’s not good.”

Besides, Collison had to take a step back. He was worried he wasn’t seeing enough of his three sons growing up. It’s been hard, he says, trusting someone else with your baby – it took him long enough to let his store managers get on with managing – but things have to evolve.

After years of long hours and no holidays, he now wants to enjoy reaping the rewards.

The family live just outside Lewes, on a farm rented from a friend.

Despite all he has achieved, Collison would usually prefer to be putting his feet up than working – he insists he’s naturally lazy. But something changed when he founded Bill’s. “I became a martyr to the cause with Bill’s. I started thinking if I was going to do it, I had to be the best. I’ve been trying to achieve that ever since.”

We wish nothing but the best for Bill Collison - to see him enjoying his well deserved success - ‘dining out’ on past glories - once more, e.g. talking as ‘Lewes boy made good’ at his old school etc. However, it can only happen if his COTE masters can be persuaded by the Horsham people to give up Horsham Old Town Hall as the ‘bad ass’ project that it is.   

25                                                           27 August 2012

Question: Is the latest re-advertising of the Horsham Bill’s Produce Manager and Assistant Manager jobs a problem?


Answer: No. It's simply a weak attempt to appease a subservient local press as they chase the 'cash cow' of Bill's advertising. Having declared "it's all over" for the Old Town Hall a couple of times before - the press are desperately praying the poor cow doesn't end up as Bill's burgers! Only when the local press announces that COTE has signed the Old Town Hall lease for Bill's Produce will the gloves really come off as far as we are concerned.  

You would need quite a few more, different jobs, to be serious about opening in Horsham anytime soon. Any decent candidates that respond to the Horsham managers adverts can be diverted to other new openings nearby e.g. Chichester and Guildford . That said, we should mention that we didn't read "... able to deal with customer resistance and local opposition .... " in the job description.

Our postings last week caused quite a bit of debate it seems. We are particularly grateful to the local restaurant workers that contacted us (maybe as a result of us writing to the local businesses) and made some good points:


1) There is an increasing tendency to reduce costs by bringing in pre-prepared meals and heating them up to order. We initially thought that Bill Collison had covered off this route in The Resident article with:

"After all what's not to like about fresh food, prepared on the premises ..?"

On closer inspection however - this turns out to be a piece of narrative by the Resident reporter - and not a direct quote from Bill Collison. Rest assured, we will keep the operational side of both COTE and Bill's Produce under very close scrutiny if the Old Town Hall deal goes ahead.

'Prepared on the premises' is a difficult one of course. Are Bill's Produce cakes baked on the premises for example? Are they even baked locally? And what about the "absolute classics" such as the Bill's fish finger sandwich? Do you not simply get them out of the box (frozen rather than fresh) and lightly fry or grill them? Technically counts as 'prepared' I suppose. But perhaps Bill was talking about 'real fish fingers' - (literally) - caught locally, just off Dungeness nuclear power station. Dungeness is in Kent of course - but it's still sort of local.       

2) These days the restaurant business is all about driving down costs with a skeleton level of staff on flexible contracts. With so many Bill's branches opening - staff might be expected to cover other branches, or be brought in to cover from elsewhere. It is unlikely that a Bill's in Horsham Old Town Hall would create anything like 50 Full Time equivalent jobs.

3) We do not currently know what the Horsham Bill's Produce opening times will be - and this would also affect the number of jobs. We know that Bill's will be open late on Fridays and Saturdays but what about the other evenings? Contribution to the 'Sunday to Thursday' Horsham evening economy may yet be another factor that made the W J King proposal superior to Bill's.


On Wednesday we will add a couple more points of our own before covering the District Auditor objection and English Heritage as previously promised.   

24                                                        24 August 2012

Question; What about this secret report by the council?


Answer; The West Sussex Council Times published the story about the internal Council report (23 August 2012) that suggests more of the townspeople's assets are 'up for grabs'. Once again the WSCT makes the claim that the Old Town Hall has been disposed of by the Council, when COTE (on behalf of Bill's Produce) have not, as far as we know, signed the lease yet and the proposed Horsham jobs for Bill's Produce have not been re-advertised. The WSCT story - based on the previously secret Council report - shows a bit more courage than of late. However, we still believe the WSCT would not have published if it was known that such a report came from a previously Council identified, alleged 'enemy of the state' like ourselves. The local press used to contact us for an alternative view on the OTH story as a matter of course but not any more! 

In fact, the threat to Horsham Museum is not new. It was previously cited as one of three locations offered to the Registrar's service when the HDC Cabinet were desperately trying (in contravention of both Council policy and the recommendation of the Old Town Hall Advisory Group at the time), to get Bill's Produce in the Old Town Hall in 2006 (in order to block the favoured community proposal). Unfortunately for HDC, West Sussex County Council (on behalf of the Registrar) turned them down. The people 'in the know'; such as the Council's Monitoring Officer, Director of Leisure Services and Head of Leisure Services were soon after 'put out to grass'. In our view, the Cabinet could not afford to have them around - as they might have been interviewed about the 'under the table' negotiations with Bill's Produce if the Local Government Ombudsman had decided to investigate after all. Three years later, HDC Cabinet remained so desperate to get Bill's in the Old Town Hall and gain their childish way - they gave up a bit of Park House to the registrar (something they were not previously prepared to do).

In our view the HDC Cabinet has sought revenge on the Museum ever since the Blue Flash Music Trust was involved in the joint project management of the successful Vaughan Williams celebrations. Similarly, we believe that the acclaimed annual Horsham Music Week was 'pulled' by the Cabinet, with unknown authority and unknown reasoning, because of our involvement. This is truly a vindictive and petty Council it seems. In fact, 'bang for buck', Horsham Music Week was HDC's most cost-effective festival at just £1,500 per year. 

Certain out-of-town Tory Councillors were shameless in the Old Town Hall debate about the possibility of using the proposed meagre revenue from Bill's (nearly £20,000 less a year than was offered by Gondola) to subsidise their own areas. The common factor in all of this is that it is the townspeople's assets that are up for disposal by a largely out-of-town Cabinet. Similarly we are not currently aware of any assets up for sale in the largely Conservative voting rural areas. The majority of the townspeople do not vote for the ruling party - so in advance of any Council organisational reforms to save cost (e.g. making a large Sussex County Council, with Town and Parish Council's underneath) - the Cabinet will 'strip' as many town assets as possible - whilst also denying the townspeople the right to form Parish Councils - or combining with a Horsham Town Council - in order to protect their interests. Even when the townspeople voluntarily paid the slight operational costs of the Old Town Hall through the Special Charge, the Council would not let them continue. The Cabinet also released the £205,814 reserved for the OTH back into general funds so they could spend it in other areas or subsidise their ongoing incompetence. There are not many well-handled projects we can think of and the 1.3 million overspend on the Acorn project (over two accounting years) was a particularly infamous example. 

The choice is now a simple one for the people of Horsham - given the absence of any democratic options; Boycott COTE (and Bill's Produce - if Bill's comes to the OTH) and ultimately save the Drill Hall, Museum and Capitol Theatre. 

Unfortunately it is too late for the campaigners of Broadbridge Heath who unfortunately played by the HDC Cabinet's 'golden rules'; "He who has the gold makes the rules". So - Use your consumer power to start boycotting COTE now - and save the OTH too. You cannot rely on the Neighbourhood Council's because the Council effectively tore up the Memorandum of Understanding with the NC's via a previous legal defence concerning their irrational antics over the OTH.

The West Sussex Council Times has a different spin on this of course when they say, "So we have to conclude that the voters of Horsham district back a low tax regime, even if it means sacrificing public facilities." More accurately, HDC Cabinet members and ruling party Councillors can, for the moment, attempt to appease their own voters by unjustly "sticking it" to the people of the town and making the townspeople pay for the Council's own widespread mis-management in recent years. However, fair minded voters, even in the rural areas, will eventually 'catch on'.

The people of the District are all currently capable of "sticking it" back to a despotic Council Cabinet by boycotting COTE and Bill's, whether in a pressure group or not. Eventually these pressure groups can combine to form an alliance of independents to unseat all the current coalition councillors - but unfortunately - not until May 2015. 

Nevertheless, boycotting the iconic symbol of the Council's bad behaviour (COTE & Bill's) now - will be a great start.

26                                                        30 August 2012

Question: who really thinks that Bill's in the Old Town Hall is a good idea?


Answer: no-one really!

COTE and Bill Collison don't think so because the Old Town Hall saga is a major threat to the Bill's Produce brand around the country. That is presumably why they are afraid to sign the deal and put the Council and the local press out of their misery. What Bill Collison refers to as "move the goalposts" - we refer to as Bill producing 'porkie pies'. We'll cover this in more detail tomorrow. However, COTE (as masters of Bill's Produce) might have been given an honourable lifeline to withdraw from Horsham once more - due to the rival bid for tables and chairs in Market Square from Artisan. Otherwise, if the Horsham District Council Licensing Committee were to unfairly 'do down' other local businesses in favour of Bill's domination of Market Square, it will further help our legal case when the time comes.


The District Auditor doesn't think it's a good idea because she has already singled out the Council's recent procurement exercise (where Bill's was irrationally selected over W J King) for special attention. Another investigation inevitably looms (on the back of the unfair selection of Bill's over Gondola).


The wider Council don't think it's a good idea (apart from the 'dinasour with it's head in the sand' HDC Cabinet) because of the widespread unethical behaviour and the currently unanswered questions that will be publicised and answered if the deal goes ahead. The Council's reputation will ultimately sink through the floor (along with others). 


English Heritage don't think it's a good idea because they can't explain how they came to support inappropriate changes to this Grade II listed building, including some specific changes that they previously highlighted and opposed.


The local press don't think it's a good idea because they obviously feel forced into attempting to herd the Horsham public like cattle towards Bill's 'burger machine'. The local press can't honestly think that Horsham residents are too stupid to remember that the Old Town Hall lay empty for six years because the Council, in a 'fit of pique', didn't allow the public to use it. That was after the HDC cabinet scuppered the winning community proposal in 2006 (at no cost to the taxpayer) - in favour of its secret negotiations with Bill's - also in contravention of Council policy at the time. We certainly don't think that Horsham residents are silly - and the local press will ultimately 'pay the price'. The public are also bright enough to spot the lack of balance and selectivity. Bill's application for Market Square domination with tables and chairs was heavily publicised in the West Sussex Council Times for example - although it also mentioned Artisan's current meagre allocation in passing. Similarly as far as we can spot, Artisan's recent submission for a much fairer allocation of tables and chairs (at the expense of Bill's domination) has not been publicised.


The Horsham Society don't think it's a good idea - in spite of John Steele being drafted in by the West Sussex Council Times as 'Chief Herder' this week. As we have read in the past, the Horsham Society have been long-standing critics of both East Street pedestrianisation and the antics of the Council over the Old Town Hall. We don't think that the Horsham public, or ordinary HS members, are silly enough to buy this 'road to Damuscus' type conversion either.


The Horsham residents don't think it's a good idea - and no recent propaganda offensive by those above - will convince them otherwise is our contention. The controversy has raged for too long and no-one thinks that the Council has handled this issue fairly or well already. The Horsham people, with a sense of  'British fair play' will avoid COTE and Bill's Produce in protest. We are constantly refining our draft publicity materials in the light of events - in order to raise the necessary awareness.


As we said, more on 'moving goalposts' tomorrow. In the meantime, here's another question: "How did Bill's initial verbal offer of £75,000 per annum become a meagre £54,000 in the first proposed 'Heads of Terms' contract?

Answer: "We don't currently know!"


And another question: "Has Bill's recent offer of £60,000 per annum (£15,000 below the original verbal offer) become less than this amount in the latest proposed Old Town Hall lease? (and consequently less than the £60,000 originally offered by W J King)"

Answer: We don't know because the Council refuses to release the terms of the lease. We therefore don't know about any other possible 'sweeteners' (possibly detrimental to other local businesses) offered by the Council to Bill's either."

 

28                                                    

4 September 2012

Question: Is it a problem that the Council refuses to release the details of the individual scoring sheets for the Bill's versus W J King bids?


Answer: No it is hardly a surprise as the Council got it's fingers burned previously when it released the scoring sheets for Bill's versus Gondola. It showed conclusively that the scorings were fundamentally fiddled in favour of Bill's over Gondola. Similarly the Council would understandably not like to risk the prospect of people deducing that the scorings for Bill's versus W J King were fiddled. The Council's defence under the Freedom of Information Act is ridiculous of course - commercial sensitivity! The scoring sheets are just a Council view of the bids and no commercial information is likely to be contained in them. If there was - the commercial information in question could simply be redacted (blanked out).

No matter. The District Auditor called for an accountable and transparent process and opted to put the recent process under scrutiny. There is no doubt that the latest process was even worse than the time before. Today we will start work on the objection that will trigger the Audit Commission's investigation. Relevant information and outstanding questions from the previous objections can also be used.

The current Chairman of the Council said at an Accounts, Audit & Governance Committee to the District Auditor:

"What you are telling us is that we (the Council) have sinned twice and must not sin a third time". It will soon be time for a few more confessions that will unfortunately, include others that have had the poor judgement to knowingly deal with this Council while it behaved so badly.

Also on another point, we have had some recent correspondence with English Heritage and it seems the latest English Heritage justification for its unexplained 'U-turn' on the Old Town Hall is fundamentally flawed. More information on this soon.   

 

29                                                     

6 September 2012
Question: When will the details of the District Auditor’s
objection  be published?


Answer: the details will be published on this site on Monday 10th September and the local press will be notified accordingly. In the meantime we wish all our readers a good weekend.

30                                                       10 September 2012

Question: What are the details of the latest objection to the District Auditor?


Answer: The details are as follows:


Objection to 2011/12 Horsham District Council accounts

 Introduction

 

1.  Firstly, thank you for selecting the recent procurement process for the Horsham Old Town Hall for special attention, as announced to the HDC Accounts, Audit & Governance Committee. I also welcome the fact that relevant, related items from previous objections and Audit Commission investigations can be considered. Thank you too for identifying that my previous objection was helpful.

 

2.   I very much regret having to make another formal objection. However, this is wholly necessary, in spite of the Council protesting about the expense. If potential suppliers and those already dealing with HDC cannot be confident that contracts and leases are not being determined fairly they will not bid. The lack of competition will inevitably drive up costs for the Horsham taxpayer and/or lower the quality of work. Alternatively, suppliers will offset the risk of losing a contract unfairly and having their time unnecessarily wasted by the Council in their pricing. The result will be the same. The Horsham taxpayer will stand to lose perhaps millions of pounds in value over a relatively short period of time. This consideration will obviously have a bearing on your annual ‘value for money’ judgement. Consequently, any investment in a further investigation by the Audit Commission will be ‘value for money’ for the Horsham taxpayer.

 

Specific outline of the objection

 

3.   The possible ‘conflict of interest’ identified in your 2010 letter about the previous process remained unresolved in the recent process too; in that Davis Coffer Lyons remained as joint agent. You will recall that the lowest flat rate bid that met the terms of the original Invitation To Tender (ITT) was from Carr Priddle (on a market valuation of £75,000 per annum for the Old Town Hall ). This was summarily dismissed by HDC without, as we understand it, reasons being noted. Davis Coffer Lyons had a history with the COTE directors (former Strada) and it remains a possibility that the COTE directors helped draw up the shortlist of agents for HDC. We are aware of the meetings between one of the COTE directors and the Council’s Head of Economic Development at the time. As you are probably aware, COTE are the managers of the Bill’s Produce project and Davis Coffer Lyons was also the sole agent in Bill’s Produce going into Covent garden. Davis Coffer Lyons was selected as agent, again as far as we know, without reasons being noted by HDC. The terms of the ITT were then improperly extended to appoint DCL as consultants to HDC without due process. This was in contravention of the Council’s financial regulations and further dismissed any possible role for Davis Coffer Lyons as an independent agent.

 

4.   The Council’s letter to you claimed that Davis Coffer Lyons recommended Bill’s Produce over and above, the vastly superior Gondola bid. There is no evidence to support this claim or otherwise at present, and I believe this needs checking out. If the Council claim turns out to be true, one would ask why Davis Coffer Lyons would be prepared to accept £5,400 in commission as opposed to the much greater £7,250 from the Gondola deal. The fact that the original verbal offer of £75,000 per annum from Bill’s Produce went down to £54,000 also remains unexplained.

 

5.   As you are aware, the original Bill’s Produce bid was not signed or dated and not on headed paper. It remains a possibility that this Bill’s Produce bid was improperly written by the Davis Coffer Lyons representative, who was also the consultant to the Council.

 

6.   I therefore object to the appointment of Crickmay as joint agent and any related spend in the recent exercise, as a possible ‘smokescreen’ by the Council to help mitigate their failure to consider the above issues. We are also unclear whether the departure from the existing contract with Davis Coffer Lyons (to appoint Crickmay as joint agent incurring unknown extra cost to the taxpayer) was properly authorised as per the Council’s financial regulations. As we know from our experience, Crickmay did not add any real value in the recent irrational selection of Bill’s Produce over W J King. By their own admission, Crickmay simply passed on any enquiries to the Council. Again, this is not the purpose that you previously identified of appointing an independent agent in order to protect the Council against allegations of bias and to minimise the risk of fraud. When we visited Crickmay, they were unaware of the evaluation matrix, although the Council claimed that this had been sent to them. The Council were unable to sustain the claim when challenged to produce the e-mail. The Council was additionally ‘confused’ over the process. They originally declared the evaluation matrix as advisory and then seemed to report its use as ‘absolute’ in informing the Council decision in May (although any rationale for the scoring was not declared). In any event, the appointment of Crickmay seemed a further waste of taxpayer’s money.  

 

7.   We are not currently sure whether the Bill’s Produce bid, or any of the other bids, went through Crickmay, Davis Coffer Lyons or direct to the Council. I believe this will need to be investigated.

 

8.   There is a long history of bias by the Council in favour of Bill’s Produce. As you are aware, the Council first started secretly negotiating with Bill’s in 2006. This was against Council policy at the time and the advice and recommendation of the Council’s own Old Town Hall Advisory Group. These secret negotiations with Bill’s were initially denied by the Council Leader at Council question time. However, following press revelations by Bill’s in January 2009, the Leader was replaced.

 

9.   Further evidence of bias in favour of Bill’s was demonstrated when, as already revealed by the Audit Commission, the Council paid for its own planning application and the Old Town Hall plans with taxpayer’s money (£300 for the application and £10,000 for the plans). Having approved its own plans, these were then handed over to an agent of COTE (for use in the Bill’s Produce project). This was undoubtedly an improper use of taxpayer’s money. Other Horsham businesses do not enjoy such benefits as far as we are aware. The Council avoided due independent scrutiny of the plans by the relevant Government Offices and the Court (in radical contravention of Grade II listed protection and policy guidance in force at the time) by claiming that their representative from Davis Coffer Lyons was an individual applicant. There was an obvious chance of a Court appeal, during which time, a meeting was offered by the Council’s Chief Executive. As soon as the appeal window had passed, the offer of the meeting was withdrawn.

 

10.   More evidence of bias in favour of Bill’s Produce by the Council is supplied by the zealous pursuit of the Stopping Up Order necessary to carry out the plans handed over to COTE, and on behalf of the COTE appointed developers. The Council’s former Project Officer falsely declared to the developers that the required notices had been posted around the Old Town Hall . Subsequently, a false declaration was made to the Secretary of State by the developers. It also appears that the Council failed to make the required legal checks on ownership of the sub-soil as advised by the relevant Government Office of the North East.  

 

11.   The most extreme evidence of bias in favour of Bill’s was demonstrated by the proven, biased selection of Bill’s Produce over Gondola. As you are aware, the revised offer of Gondola was not reported to the Council’s Assets & Management Sub-Committee. ‘Heads of Terms’ for the contract with Bill’s Produce were also negotiated in advance of the decision by the Cabinet Member. The scorings against the criteria were irrationally manipulated in favour of Bill’s at the expense of the Horsham taxpayer when the decision by the single Cabinet Member was subsequently taken.

 

12.   There is thus, overwhelming evidence to suggest that the Council approached the recent selection of Bill’s over W J King with a ‘closed mind’. This is contrary to the relevant section of the Localism Act for which we can supply relevant details on request. The Council currently refuses to release details of the individual scoring sheets of the recent Bill’s Produce and W J King bids under the Freedom of Information Act (even with redaction). This is a departure from the previous exercise that revealed the biased selection over Gondola as per your previous investigation. The Council also currently refuses to release details of the proposed contract with COTE on behalf of Bill’s produce similarly. The Horsham taxpayer can thus have no guarantees that the original terms of the recent Bill’s Produce bid are being honoured. Again, this is a departure from the previous precedent whereby it was revealed that Bill’s walked away from the previous deal as a result of a lack of anticipated profits at Reading and not as a result of the opposition from the Blue Flash Music Trust as claimed. It seems highly unlikely that the Council defence of ‘commercial sensitivity’ is a valid one. Presumably the scoring sheets contain the views of the Cabinet member and are unlikely to contain any commercially sensitive information. The fairness of the evaluation clearly needs to be determined by your investigation. The Council also claim that the third parties have been contacted and have objected. There is no current evidence to support this Council claim, particularly in respect of those bidders that  lost out. The Council’s procurement standards also warn bidders that information may be liable to Freedom of Information Act requests.

 

13.   I am therefore requesting a referral to the Court by the District Auditor for this recent selection, should the allegation of a ‘closed mind’ be further borne out by evidence obtained from your investigation.

 

14.   As District Auditor, you called for an “accountable and transparent process” at the Council’s Accounts, Audit and Governance Committee. We had ‘anything but’ in the recent process. According to the criteria set and the information currently available, it still looks to the public that there was a biased selection of Bill’s over W J King as there was with Bill’s over Gondola before.

 

15.   Furthermore, the recent process that you indicated to the AA&G Committee would be under scrutiny is undoubtedly ‘worse’ than the previous process that saw the biased selection of Bill’s over Gondola. In the previous process, the criteria was set by the Assets & Management Working Group. In this case, the criteria and their debatable weightings were set by a single Cabinet Member. In theory, the criteria and their weightings could therefore be biasedly set in advance in order to advantage a particular bidder. This looks to us to be the case on the limited evidence so far.

 

16.   The advice from you about ‘sealed bids’ to guard against allegations of bias and fraud was also ignored by the Council once more. We understood from you subsequently that the Council has the right to ignore the Audit Commission’s advice as their external auditor. However, we believe that the public has the right to know that this is consistently the case. We therefore request that the results of your investigations are published as a Public Interest Report.

 

17.   Further evidence of bias in favour of Bill’s might be determined in that the Council’s Licensing Committee looks set to authorise 12 tables and accompanying chairs in Market Square. This will give Bill’s disproportionate domination of Market Square at the expense of other neighbouring businesses.  

 

18.   You previously mentioned delay over the Old Town Hall project since 2006. There is still a lengthy delay in the signing of the lease.

 

19.   You mentioned previously, Council engagement with local groups. The Old Town Hall has remained unnecessarily barred to local groups for years. At the same time, a grant of £40,000 was given to Dial Post Village Hall by a single Cabinet Member without due process.

 

20.   There remains a democratic flaw in Horsham that was previously flagged up some years ago. Your former manager previously agreed with this and said that the denial by the Council of a Community Governance Review would feature in your ‘Direction of Travel Report’. Sadly, this pledge did not materialise and the report no longer exists. As we understand it, all the assets marked for possible disposal by a largely out-of-town HDC Cabinet are in the town – Broadbridge Heath Leisure Centre, the Old Town Hall, the Drill Hall, Horsham Museum etc. The reason for denying a CGR by the Council was taken on dubious cost grounds. For example, the cost was a tiny fraction of overspending on Council projects such as the Acorn recycling scheme.

 

21.   The voters of Horsham are powerless to prevent an out-of-town Cabinet selling their assets. No matter who they vote for, the out-of-town Cabinet will ‘get in’. The Memorandum of Understanding with the Neighbourhood Councils of the town (of little influence and without the powers afforded to Parish Councils) was effectively torn up by the Council when they successfully argued in Court that these were one off decisions and not policies of the Council. Again, the voters are rendered irrelevant on this basis. Ironically, it would seem in the interests of the town’s electorate to vote for the ruling party - in that they would at least have a remote influence in replacing the Council Leader (as happened in 2009). If the current trend is allowed by the Audit Commission to continue, any moves to a unitary authority on the grounds of cost, would see ruling party Town and Parish Council’s in other areas rich in assets, and any resulting Town and/or Parish Council’s in Horsham town with nothing much left to govern. This immoral and undemocratic discrepancy obviously needs to be urgently addressed by the Commission.

 

22.   The main item of expenditure that I object to is the further £3,000 expenditure on the additional marketing exercise last June/July. The Blue Flash Music Trust indicated a desire to make a bid and conveyed the qualifications and experience of its Business Adviser to set up and run a catering operation in the Old Town Hall . This catering operation had also been endorsed by the Council’s Old Town Hall Advisory Group when they conducted due-diligence against 6 procurement standards laid down. The Council declined to send the Trust the details (also declined by a separate request to the agent). We will provide the correspondence to your investigation in due course on request.

 

23.   Other bids were said to have been made and declined as a result of the June/July 2011 exercise, but we are unsure if the details for rejecting these bids were recorded as per your advice. This needs investigation, particularly as the Head of Scrutiny Committee seemed to indicate that this was a ‘sealed bid’ process. If true, we are not sure therefore why the recent exercise and biased selection of Bill’s might have become ‘un-sealed’ again. The reason for rejecting the June/July bids may have been that Bill’s Produce was not in a position to make a bid at that time. In any event, it seems that another £3,000 of taxpayers’ money was wasted and more delay incurred. We are also unclear whether the departure from the existing contract with Davis Coffer Lyons (i.e. the production of the brochure etc. by the other company) was properly authorised as per the Council’s financial regulations.

27                                                        

31 August 2012

Question: As a result of the Horsham propaganda offensive - can the nation really know what Bill’s Produce really stands for?

 

Answer: Not according to the evidence from the press and Horsham District Council’s magazine advertising feature for Bill’s (an advert for something that doesn’t exist until the lease is signed). In our considered view, as the COTE/ Council/local press alliance desperately attempts to serve up the unpalatable dish that is Bill’s in the Old Town Hall - to what they think is a highly gullible Horsham public – the evidence suggests that as a result of the Horsham project, it’s the ‘Bill’s Produce’ brand that is now ‘all over the place’ rather than the branches. Total confusion reigns and it is now getting very hard to believe a single word that Bill Collison says.  Such evidence is outlined below…..  

 

Bill Collison has been recently trotted out to sell the partial destruction of the Old Town Hall as an historically significant, publicly used Grade II listed building gifted to the people by the former Duke of Norfolk. The Council denied the people its use in order to try and put Bill’s in – unfairly, in terms of rival bids. At the same time the HDC Cabinet denied the townspeople the use of their own hall – when another rural hall, Dial Post Village Hall (near where Rt. Hon Frances Maude MP lives), was given £40,000 by a single cabinet Member without due process and without apparently fulfilling the conditions that were originally laid down. 

 

Step in Bill on behalf of COTE for the OTH ‘clean up’ - claiming to be a different kind of ‘specialist’!

 

“Wherever possible we take on disused or underused historic buildings, like the bus depot in Brighton or the former church house in Reading.” (Council advertisement).

 

This was echoed in Horsham Society John Steele’s apparent ‘conversion on the road to Damascus’ article in the West Sussex Council times this week:

 

“They (Bills) specialise in bringing new life to old historic buildings and the opportunity offered by our long empty Town hall was a key factor”.

 

However, a quick analysis of Bill’s openings around the country reveals that Bill’s will open in anything that can be acquired cheaply and will make money in our view.  The second store, Brighton, opened in the bus station and took place at the time the Lewes store operated on the original site. Bill was hardly a ‘specialist’ in this field then, and is perhaps unlikely to be a ‘specialist’ now.

 

“Our priority is to retain as many of the original features as possible and refurbish sympathetically.”

 

Yet, the original, unique feature of the solid arches (which English Heritage were once so keen to retain) are to be demolished and glazed according to the plans that were largely funded by the Horsham taxpayer and then handed over to Bill’s. Cutting a large hole between the floors and trashing the historically custom-designed acoustics is hardly ‘sympathetic’. A member of the responsible Government department for planning is also on record as saying that the Grade II status should have in theory, protected the building from such changes.

 

Has Bill altered his original passion in order to go into architecture? The Resident article claimed:

 

“But he says that his passion remains the same – great food, great service and giving the customer what they want.”

 

And …

 

“There’s even a cookbook so you can re-create the fantastic meals at home.”

 

One piece of missing information about the book was the cost:

 

“Bill’s The Cookbook: Cook Eat Smile by Bill Collison and Sheridan McCoid is out now, published by Saltyard Books, priced £25.” (Argus 2011).

 

Perhaps one thing that customers might want is a cheaper book?

 

Bill undoubtedly has other conflicting passions and priorities:

 

“I’ve always been one for not worrying if something makes money as long as it looks nice,” he says. (Argus 2011).

 

“Last year, Collison teamed up with millionaire businessman Richard Caring, whose portfolio includes London restaurants The Ivy, Le Caprice and J Sheekey. The millions Caring has put into Bill’s in the past 12 months means new stores are opening all over the country …..”

 

“Does he worry the brand will get diluted?

 

Although the new branches will remain under the control of the company’s directors, it’s surely hard to keep replicating something that has always felt unique.”

 

 “He misses getting his hands dirty, but accepts change is inevitable.”

 

“After years of long hours and no holidays, he now wants to enjoy reaping the rewards.”

 

“Besides Collison had to take a step back….” (also Argus 2011)

 

Yet in Horsham, for some unknown reason, Bill has been ‘stepping forward’ quite a lot recently. Like the Hokey Cokey – is he in, or is he out?

 

Another passion comes out as:

 

“After all what’s not to like about fresh food, prepared on the premises ….” (The Resident).

 

Which becomes ….

 

“Look after our customers well and serve them great, seasonal dishes at good prices.”  (Council advertisement).

 

Fresh? Seasonal? Which? Both? Although we are not sure where in the world a lot of the seasonal produce comes from at any given point in time.

 

The jury is also out on the pricing since COTE took over.

 

Then there’s the ‘produce’ element…

 

Where you can buy things and meet as a community. (WSCT article).

 

But will there be a Produce element in Horsham? It doesn’t seem so at the moment.

 

“The fruit and veg side has all but disappeared.”

 

“If we’d stayed only a fresh produce store we wouldn’t be in business now. It’s the café’s that have carried it.” (Argus 2011)

 

But is it a café or a restaurant?

 

“During the day, the place has the lively feel of a café and then, for the evening, we take the pace right down, to create a relaxing candle lit restaurant and drinks for dinner.”(Council advertisement).

 

All evenings? Seven days a week?

 

“We will also be creating 40 or so new local jobs”.(Council advertisement).

 

Creating 50 jobs (WSCT).

 

Part-time, casual or Full-time jobs? What is the Full Time Equivalent?

 

£750,000 invested (Council).

 

£800,000 invested (WSCT).

 

Or is a lot of this amount(s) really a ‘non-investment’? – i.e. the major structural work that represents the destructive alterations to the arches and the upper-floor/lower ceiling?

 

The disastrous Horsham saga has been a thorn in the side of the ‘Bill’s Produce’ brand from day 1 - and will always be so.

31                                                       12 September 2012

Question: What other means can we employ in the defence of the Old Town Hall and Market Square?


Answer: Seems like 'Story Time with Bill' was a bit of a hit with the readers, so here is another story to add to it - Big Billy-Cote Bluff. Beware all those that deny the curse of Dan Roberts. Horsham District Council have not fared too well since their unprincipled antics in 2006. We are similarly aware, that since then, all of the principle Council employees and Members involved with the Old Town Hall have also 'come a cropper' in some shape or form - or look likely to in the near future. Maybe its not just a story after all! 

32                                                      14 September 2012

Question: Is an essential taxpayer investment in an investigation of the Council's lack of ethics in procurement - and dodgy procurement procedures - news? You would have perhaps thought so. Especially as the District Auditor has identified this issue as a "major risk" - regularly expressing concerns over a number of years.


Answer: Yes it is news, that is if you are 'The Resident', the Horsham free paper that is distributed largely in the town.

Apparently, no it is not news, that is if you are the West Sussex County Times - even though the failings over the Old Town Hall (also potentially, seriously affecting the reputations of other parties) are well evidenced over a number of years - and have been handed to the newspaper 'on a plate'. It seems the WSCT is determined that the Horsham public should not be allowed to know the truth. However, there are other ways to surely and steadily get the truth "out there", especially if the ill-fated Bill's Produce project in the Old Town Hall goes ahead. In the end, the WSCT will have 'no choice'.

In the meantime, we are told what a great job Horsham District Council is doing in order to provide a smokescreen for the well-evidenced unethical Council behaviour. The reality about HDC performance is somewhat different. Overspending in all but one year over the last two terms. The consequential addiction to parking income that is hurting local businesses and the unfair disposal of TOWN assets (only town assets as far as we know), to try and make up the shortfall, yet still feather the Council nest. The ACORN overspend of £1.3 million pounds over two accounting years (a double mistake). The stubborn failure to review the financial, near useless disaster that is 'Park & Ride'. Many Council projects going seriously awry and needing expensive corrective action. The costly use of consultants with inneffective control and audit over their use and selection. And so on. The West Sussex Council Times once published a 'Cut Out & Keep' Guide to the next election. When the next election came around however, they quietly forgot about it. Many of the towns residents did keep it of course, but for reasons we have previously explained, their vote counts for very little. The largely out-of-town Cabinet continues to deny the townspeople the same kind of democracy that they like to afford to 'their own'.

Congratulations to The Resident too therefore, for putting a different kind of spin on the recent annual report from HDC - rather than the service provided by the WSCT web-site.

In truth, the Council publishes a lot of strategies and creates a lot of Council dominated quangos, but fails to deliver. How does trashing a unique iconic, historical building such as Horsham Old Town Hall, sit with an Arts & Heritage strategy for example? How did tearing up the unique answer to the main challenge that was set in the Tourism Strategy for Horsham District by LOCUM Destination Consulting help the Tourism Strategy? The alternative? The second Council Old Town Hall Advisory Group metaphorically disappearing up its own back-side and bringing back the ill-fated Bill's Produce project in desperation. A senior Council official was very diplomatic about the second Council Advisory Group when he said that "The trouble with the group, was that it's composition was too fluid." He had to be diplomatic of course because the HDC Cabinet only surround themselves with "yes men" (mostly men). Since the departure of the former Chief Executive any reasonable challenge is mostly not permitted - however rational. Perhaps the officer Council concerned should have blamed the "Seagull Cabinet Effect". This is where Cabinet Members swoop in, dump a load of sh*t and swoop out again." In this case, the sh*t was an unnecessarily empty Old Town Hall for six years and putting the 'wheeling and dealing' over Bill's under close scrutiny. It is also a very secretive Council as a result. Without publishing the details of the proposed lease with Bill's - the public cannot be assured that it even meets what was in the recent bid of £60,000 etc. (given that Bill's initial verbal offer was £75,000 per annum and inexplicably, first went down to £54,000) . An Audit Commission would solve question as well as the repeated, unfair bias. 

Is the Horsham taxpayer safe in HDC hands? We currently doubt it. So come on WSCT - please tell it like it is. You regularly appeal for what people think - and then don't print it. 

33                                                      18 September 2012

Question; is the purpose of English Heritage to preserve History or to rewrite it?


Answer; the statement from English Heritage in a recent letter about Horsham Old Town Hall said;

‘lt was not until the historical work was done that I was aware the interior had been entirely turned round after the court use departed.’

However, local people will know that to infer that the interior of the hall had been ‘entirely turned round’ is completely and totally preposterous. Whatever the version of the hall through the ages it has always faced into the Market Square, from the time when it housed the fire engine, through the period of the law courts until the sorry state the Town Hall presents at the present time, it has always faced North. We have photographs and drawings showing the grand face of the Town Hall overlooking the market square, and the main door stands slap bang in the middle arch. No one has known it any other way. Even the police sergeant who attended the Law Courts 1 and 2, located on the ground floor and the first floor respectively, in the 1960’s, can confirm that the way of access into the building was through those exact doors which makes complete nonsense to say that the interior of the hall was turned round after the court use departed! We thought history was about better understanding the past!

(Another point to consider is that in 1812, when the Duke of Norfolk rebuilt the Town Hall, he would naturally put the Royal Coat of Arms, the arms of Horsham Borough, and his own coat of arms in the best place possible; and this would have to be on the front of the Town Hall overlooking the market square. If that was considered to be the backside of the building there is no way he would have put them there!)

35                                                      

2nd October 2012

Question;  What’s next for the campaign?


Answer: It's 'Boycott Bill's and COTE time as expected. However, in the meantime - we take on planning application DC/12/1692 for change of use of Market Square. There are a number of grounds which will enable us to bring up the dodgy HDC planning history of the past. More detail on this site this week. However, the procedure for DC/12/1692 is probably additionally invalid because HDC didn't place the planning application notices in the vicinity of Market Square as required!

36                                                               

8th October 2012

Question: What is DC/12/1692?


Answer: DC/12/1692 is a planning application for 'change of use' of Market Square to allow Bill's Produce a large area of 'free space' at the expense of other local businesses. Confidence in acquiring this from their mates at HDC, probably finally persuaded the directors of COTE to 'go for it' in the Old Town Hall. The Trust have registered an objection of course and have contacted Estates and Highways at West Sussex County Council who 'own' the sub-soil. WSCC normally approve the accompanying licensing in cases such as these, but not normally in Horsham. We have requested a copy of the agreement between HDC and WSCC to see if there are any clauses about conflict of interest. As we know from history - HDC do not have the required independence to decide any application on behalf of Bill's Produce.  

Now the pressure is on HDC to deliver its restaurant utopia in East Street and Market Square, having been held to account all the way by the Trust. We always knew from our first Court action that no-one could stop a Council making decisions, only question the way those decisions were taken. This we have done - and are still doing - with aplomb. Thus, when it all goes wrong, there will be no 'moving the goalposts' as Bill Collison calls it.

On the plus side, there appears to be some concessions in the modified plans (DC/12/1794) won by the Trust for the Old Town Hall itself, particularly with the retention of the wooden cells and the reduced size of hole cut between the two floors. 

However, tomorrow we start publishing the 'roll of shame' - rather than the 'roll of honour' - to do with the Old Town Hall. The Trust is aware that circumstances change over time. Opportunities to make the Council pay for their unethical behaviour - and the people who have turned a blind eye to it - will come. The Trust's well-documented opposition, exposures of HDC unethical behaviour and sub-standard processes will eventually provide that platform for change.

37                                                               9 October 2012

Question: Are the Council trying too hard on the Bill's Produce claims?

 

Answer: Probably yes - and the public are hardly likely to be convinced. Here is what was issued by HDC a couple of weeks ago. 

 

"Great news for Horsham – Bill’s Café and Produce Store is coming to town

 

   HERALDED as the cherry on the cake for Horsham’s growing list of wonderful gastronomic offerings, it was confirmed on Friday (21 September) that Bill’s Café and Produce Store will open in the town by December. It will be full steam ahead for Bill’s to refurbish the historic Horsham Town Hall in the town’s Market Square . Bill’s has a unique offering of good quality flavoursome dishes and is already hugely successful in its birthplace of Lewes as well as Brighton, Cambridge, Exeter, Islington, Richmond, Soho, Wimbledon, Reading and Covent Garden. Horsham, especially East Street , has become renowned in the last few years for its cafe culture and its number of diverse restaurants and coffee shops and the arrival of Bill’s will see at least another £1million of private investment made to enhance that reputation.

In this case, enlivening a historically underused building and saving the Council Tax payer from having to renovate and maintain it over the coming years."


   In reality ....

   If Bill's is the 'cherry on the cake' (says who and why?) - then the cake is missing a lot of icing! £60,000 per annum is considerably less than the original £75,000 per annum verbal offer received from Bill's Produce four years ago. Has the taxpayer got a good deal therefore? - no! The amount is also much less than the £72,500 per annum from Gondola three years ago - but bizarrely rejected in favour of Bill's by HDC. 

   Bill's Produce (or rather COTE) will not 'refurbish' the Old Town Hall. It will refit it for restaurant use whilst cutting a hole in the floor and trashing the historical feature of the arches.

"Wonderful gastronomic offerings", "unique offering of good quality flavoursome dishes" and "already hugely successful in its birthplace of Lewes as well as Brighton, Cambridge, Exeter, Islington, Richmond, Soho, Wimbledon, Reading and Covent Garden." We think the lady (who has probably never eaten there) protests too much! As was previously revealed under the Freedom of Information Act, Bill's walked away from Horsham three years ago because of a lack of expected profits at its Reading Branch in the first few weeks.   

   East Street , has actually become renowned in the last few years for a monumental, pedestrianisation cock-up, symptomatic of most of HDC's other large projects. It has been dogged by the fudging of "shared use", problems with disabled access and deliveries, health and safety issues, expensive re-work (re-siting benches etc.), restaurant tables and chairs doing the 'hokey cokey' over licensing issues - and certain restaurants building barricades of flower tubs around their particular frontage. The HDC East Street restaurant project is certainly doomed to failure. For one thing, in terms of the general economy, it could not have been timed worse. As usual, HDC have an alternative, self-congratulatory, delusional view of their non-achievements.    

   "Bill’s will see at least another £1million (which started at £750,000 and then became £800,000) of private investment made to enhance that reputation." Whatever the real figure, Bill's will be the benefactor of such investment. The sub-standard rental to HDC will be at the opportunity cost of a major tourism boost that would have been derived from the community proposal for the Old Town Hall. The additional 'free space' offered to Bill's in Market Square will be at the expense of other local businesses. As a chain, Bill's will likely not boost tourism to the town to any significant degree. It will simply grab a share of the existing market at knock down costs and favourable terms that have been showered upon them by a petulant HDC.   

The community proposal, as recommended by the Council's own Old Town Hall Advisory Group, could have been implemented at no cost to the taxpayer six years ago. The building has been underused because - in fit of pique and with a misplaced sense of self-importance and power - HDC have not allowed the people to use it.  

So tomorrow .... we start analysing the various organisations that currently support the motto "never let the truth get in the way of a good story".

 

34                                                                        25th September 2012

Question; What was the reply to the District Auditor’s response
to our objection?

 

Answer; here is the reply:

Dear Ms Thompson,

 

Thank you for your letter of 17th September 2012. Mr Mayfield passed me the letter for reply as his representative. I apologise that I have not had time to respond on his behalf until now.

 

After due discussion with Mr. Mayfield, I will do my best to answer your points below.

 

Facts relied on for a public interest report:

 

·         Crickmay stated that their only role was to pass on expressions of interest to the Council.

 

·         The original verbal offer from Bill’s Produce for the Old Town Hall was £75,000 per annum. This inexplicably went down to £54,000 and was irrationally and improperly selected over Gondola at £72,500 per annum. There is thus a proven history of bias in favour of Bill’s.

 

·         The Commission previously highlighted a possible conflict of interest in the selection of Davis Coffer Lyons as agent and consultant to HDC. The Council claimed that Davis Coffer Lyons (also joint agents in the recent process in question) recommended the previous Bill’s Produce bid over Gondola. However, the rationale for accepting £5,400 in commission as opposed to £7,250 remains unexplained. Davis Coffer Lyons were the sole agents in Bill’s Covent Garden deal.

 

·         The Council paid for its own planning application and plans for restaurant use of the Old Town Hall that were promptly handed over for use by the agents of Bill’s Produce. There is thus, further significant evidence (in public law terms) of procedural impropriety and bias in favour of Bill’s by HDC. A Commission investigation into the latest process would confirm, or otherwise, whether the latest process breached the relevant term of the Localism Act.

 

·         Chameleon Refurbishments Ltd. (the current developers for Bill’s in the Old Town Hall ) made a false declaration to the Secretary of State that they had posted the required notices for the Stopping Up Order application. The declaration was signed by a Ms. Maude on behalf of Chameleon.

 

·         The Council currently refuse to release the scoring sheets for the recent bids of W J King and Bill’s Produce - or to release details of the proposed lease with Bill’s. The public can therefore have no assurance of the fairness of the recent scoring exercise, or that the terms of the original bid have been adhered to as a basis for the lease. The proposed domination of Market Square by Bill’s would seem to indicate a departure from the original bid which is subject to other forms of challenge. The Commission clearly needs to demonstrate detailed consideration of the process via a detailed investigation. It is not sufficient, in the light of previous history and the available evidence, for the commission to simply state “I have considered the process you followed for the disposal of the Old Town Hall . I am satisfied that the arrangements adopted were transparent and reasonable.” (AAG meeting for 27th September 2012). Such a conclusion in the face of the available evidence (much uncovered by your previous investigations) would seemingly open up the Commission to its own public law challenge. Much of the evidence in our joint possession (Commission and Mr. Mayfield) would seem extremely damaging both to HDC and the involved third parties. In my view, it would be better to have this evidence covered by the confidentiality of a Commission investigation than to be published in detail on the internet. Again, Mr. Mayfield is in a position to submit all the evidence you require once your investigation is scoped and defined. Sensibly, all of his allegations can be specifically evidenced - and as someone who lives outside the District, I have had personal sight of such evidence. In my opinion, if such evidence did not exist and was not possessed by him, Mr. Mayfield would have faced a law suit before now. I feel it would be unreasonable for the Commission to ask him to specifically evidence items that were subsequently not accepted by the Commission for investigation.

 

In summary, the process is clearly not transparent, nor does it seem rational and reasonable in the face of the available evidence.

 

·         The criteria for the previous selection were set by the Council’s Assets & Management Working Group. In the recent exercise, this fell to a single Cabinet Member. This is clearly worse than the previous process in terms of guarding against the possibility of fraud and allegations of bias (as per your previous advice).

 

·         In terms of value for money, the Audit Commission highlighted undue delay. There is still undue delay as far as we are aware. There was also unexplained resultant delay in the non-transparent abandonment of the June/July 2011 ‘further marketing’ exercise.

 

·         The additional £3,000 for the additional marketing exercise (June/July 2011) was wasted for the taxpayer in that nothing came of this. This exercise clearly needs investigation in the light of previous concerns over HDC procurement being expressed by the Commission. The Commission would seemingly need to satisfy itself in public law terms that the exercise was reasonable; reasonably conducted in accordance with your previous advice; and drew a rational result (in rejecting all bids or expressions of interest).

 

Further reasons for a detailed investigation and public interest report

 

You reasonably highlighted the latest procurement exercise as a major risk to HDC given the previous history;

 

“However, I wrote to you (HDC) with recommendations for

improving your processes.” (AAG meeting 27/9/12)

 

There is still no evidence to suggest that the processes have improved or that any of your advice was followed by HDC. The public need to know that the advice of the external auditor was summarily rejected in practice by HDC. Without a sealed bid process as advised in your letter of December 2010 there would be nothing to stop members of the Council passing details from one bidder to an already preferred, rival bidder. There is sufficient evidence from your previous investigation to suggest that Bill’s Produce was already a preferred bidder (given the improper and irrational selection over the superior Gondola bid). For example, if W J King submitted their bid first - and there was no Non-Disclosure Agreement in place (unknown at present and to be determined by your investigation), there would be nothing to stop the details of the W J King bid being passed to Bill’s Produce and for them to pitch their bid accordingly. There is possibly no independent verification of the relative merits of the bids and their content – or any subsequent amendments to the bid and their drivers - because of the multi-agency route and the departure from the normal agency role.

 

Your proposed investigation clearly needs to trace the routes of the W J King and Bill’s Produce bids in the recent exercise. It remains a possibility that the Bill’s Produce bid went via Davis Coffer Lyons once more – where conflict of issues had already been referred to as a result of your previous investigative activity. It remains a possibility that the original unsigned, undated Bill’s Produce bid was improperly written by the original agent, Davis Coffer Lyons. The W J King bid (as seems likely) could have gone via Crickmay.

 

“You (HDC) appointed two marketing agents for this exercise.”

 

It is not currently clear that the multi-agency decision (in departing from the original contract with DCL) was taken properly - in accordance with the Council’s financial regulations. This would be subsequent to the original breach where DCL were paid £5,000 for consultancy in extension to the terms of the published Invitation To Tender. The validity of the new multi-agency deal needs to be determined by your investigation. There is also currently no transparency over the financial implications and/or merits of this multi-agency arrangement for the taxpayer (especially given the reservations expressed above). There is no transparency over the rewards that might be paid to Davis Coffer Lyons and/or Crickmay as a result of the highly questionable Bill’s Produce selection. Presumably, DCL would not want to drop below their original 10% of £54,000 in commission from the previous deal? Were the terms of the revised agreements (including a non-transparent agreement with Crickmay) sensible and properly executed? Was Crickmay selected with due process depending on the expected rewards? We would expect that you would want to verify these things given the previous reservations about the selection of DCL and the improperly authorised extension of the DCL contract to include consultancy previously.  There is no current evidence that the rationale for selecting Crickmay was properly recorded as per your 2010 advice.

 

In the absence of detailed scorings, there is considerable circumstantial evidence to suggest that the W J King and Bill’s Produce bids were biasedly mis-scored against the criteria c.f. Bill’s v Gondola before. For example, there is a tiny margin of difference in the financials which does not seem to be borne out in the overall scores. Similarly the impact of W J King was much less on this historic building in a Conservation Area. Indeed, the W J King bid would logically seem to score much higher in a number of areas. The scorings clearly need to be verified by an independent Audit Commission investigation.

 

Answering the specific points of your letter:

 

“In respect of matters that relate to prior period of accounts the audit of which have been certified as complete;”

 

As you will be aware, relevant items previously raised with the Commission can be considered. You will simply need to decide on their relevancy in relation to the 2011/12 objection. However, I would add my observation that the previously identified shortcomings seem to be persistent behaviours by the Council in stark contravention of your previous advice.

 

“matters in respect of events that post date the year of audit and potential future events;”

 

I’m not exactly sure what is meant here. It would be up to yourself as District Auditor to scope the objection reasonably. I would add however that the recent procurement process commenced within the year of audit, yet concluded out of it. Sensibly, it would seem reasonable to consider the whole process and its conclusion (May 2012), rather than have a separate objection next year (covering April and May 2012). You appear to have reasonably reached this conclusion also in the AAG papers for Thursday.

 

“assertions concerning an item of account of £3,000 without any details of why you believe the item of account to be contrary to law;”

 

As we understand it, there is nothing available in the public domain, to record that the departure from the original contract with DCL (re. marketing of the OTH), and further expense to the taxpayer, was reasonably justified; was properly authorised; and complied with the Council’s financial regulations. That said we believe that the contract with DCL should have been properly voided due to the aforementioned ‘conflict of interest’ issues. The expensive use of consultants by HDC, employed without apparent due process and with seemingly little benefit, has been previously raised with the Commission. As far as we are aware, there is no recorded due process or authorisation for this further marketing move, or final selection of the company in question. We were not provided with the further marketing materials that were allegedly produced by HDC and requested by us. Similarly, there is no recorded rationale for the rejection of the Blue Flash Music Trust’s expression of interest by HDC or DCL as per your previous advice. Consequently, there are potential public law issues surrounding procedural impropriety; possible bias and lack of fair hearing against the Trust; as well as the aforementioned rationality issues. There is seemingly no recorded rationale for the rejection of any other bids that might have been procured as a result of this exercise similarly. The apparently unjustified abandonment of this further marketing exercise might have resulted in additional delay and cost, plus deferred benefits for the taxpayer. This exercise (clearly in scope of the audit) seemed like a sealed bid process as per your previous advice; one that was subsequently abandoned (when Bill’s Produce was back in the frame) in the latest process. These concerns clearly need detailed investigation, given the previous history.

 

The public interest report should reasonably include detailed considerations of the above based on the available evidence, your previously expressed concerns that have seemingly been ignored by HDC, and the results of your further fact-finding. The public clearly needs to be reassured that HDC is operating properly in their interests.

 

“concerns about matters which are outside the scope of my audit, such as the operation of the electoral system; and

 

We note your views on this, although the remit of the Commission would appear to go well beyond what you suggest. The areas of ‘value for money’ and ‘good governance’ would immediately spring to mind. I note that the Commission produced a report into Doncaster where the essential issue appeared to be the same – the unaccountable and irrational actions of an ‘out of control’ Cabinet. The difference between Doncaster and HDC would only appear to be that HDC has a ‘Leader’ rather than an elected Mayor. That said, Mr. Mayfield has reasonably agreed that this issue might be left out of scope of your pending investigation.

 

“requests that I consider matters on the basis that you have concerns for which you present no evidence;”

 

Please see above comments on specific evidence. Any specific evidence which is held by Mr. Mayfield and is required for your investigation will be provided on request.

 

I hope this is of help. Please do not hesitate to contact me if you have any questions or require any further details.

 

Yours sincerely,

Martin Jeremiah, MBA

Mr. Mayfield’s representative and Business Adviser to the Blue Flash Music Trust