BRADFORD Council has declined to disclose details about the agreed settlement terms between Bradford Live and the NEC Group - after the Telegraph & Argus submitted a Freedom of Information (FOI) Act request.
On September 19, it was announced that the Birmingham-based NEC Group had exited the Bradford Live scheme - and a search for a new operator for the £50.5 million taxpayer-backed venue had begun.
At the time, a joint statement from Bradford Council and the NEC Group said: "Bradford Council and the NEC Group have agreed settlement terms to release NEC from the contract that was in place for them to operate the venue."
The Telegraph & Argus subsequently asked the Council questions about the agreed settlement terms under the FOI Act.
Dilys Coop, a senior lawyer at the Council, has now sent the T&A the following response: "The Council holds the information in relation to the agreed settlement terms but is not disclosing whether the Council or the NEC Group made any payments or the amounts of any such payments as the information relates to confidential financial and commercial information relating to the Council and Bradford Live.
"The Council is withholding this under Section 43(2) of the FOI Act 2000, which allows public bodies to withhold information which is likely to prejudice the Council’s and a third party’s commercial interests.
"Disclosure of details of any part of the confidential settlement terms would be likely to affect the Council and a third party’s commercial interests in a competitive business environment by revealing sensitive financial and commercial information relating to Bradford Live and the Council.
"The confidentiality clause of the settlement agreement forbids any of the terms being made public including who has made any payments and the amounts of such payments.
"I have considered the public interest in disclosing this information, which includes the fact that this would aid openness and transparency.
"However, although there is a public interest in facilitating accountability and transparency generally, there is an overriding public interest in ensuring that financial and commercial interests of the Council and third parties are not disclosed into the public domain as disclosure of this specific information could materially prejudice a party’s commercial and financial interests.
"Having weighed the opposing public interest arguments I have concluded that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
"The Council is therefore withholding this information."
'Good value for money for taxpayer'
Council and Bradford Live representatives repeatedly said "the legal processes relating to handover to the NEC Group are progressing" - before it was announced that the NEC Group had pulled out of the project.
Last month, Bradford Council confirmed to the T&A that it incurred costs of £198,614.22 in relation to these "legal processes" between January and August 22 of this year.
Referring to that sum, a Council spokesperson told the T&A last month: "The Council is satisfied in the context of the settlement reached with NEC (the terms of which remain commercially confidential) that this represents good value for money for the taxpayer."
A search for a new operator for Bradford Live is ongoing.
At the start of this month, Councillor Alex Ross-Shaw, Bradford Council's portfolio holder for regeneration, planning and transport, who is also a director of Bradford Live, said: "We are progressing at pace to identify a new operator and can assure everyone that there is strong interest in the venue, and we are confident it will play a strong role in our year as City of Culture.
"The commercially sensitive nature of the discussions means we aren't able to provide updates as regularly as we would like, but as soon as these are concluded we will update everyone."
Bradford Live had previously been expected to launch this autumn, with those behind the scheme claiming it would be a "world-class entertainment centre".
A Council spokesperson said on September 19: "Further updates, and a new date for opening, will be provided when a new operator is confirmed."
Concerns have been raised that Bradford Live may not open in time for the start of Bradford 2025 City of Culture.
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