Why did Wirral Council receive £2 million from an off shore company based in the Isle of Man?

Why did Wirral Council receive £2 million from an off shore company based in the Isle of Man?

Why did Wirral Council receive £2 million from an off shore company based in the Isle of Man?

                                                          

Following on from yesterday’s blog post about how Wirral Council spent £16,412.04 on legal advice for regeneration of Birkenhead Town Centre, you only have to look at the lease for New Brighton’s Marine Point to see why Wirral Council sees these sorts of deals with companies such as Neptune Wirral Limited/Neptune Developments Limited & Neptune Projects Limited as lucrative.

In return for a 250 year lease of New Brighton’s Marine Point between Wirral Council and Neptune Wirral Limited (an offshore company based in the Isle of Man), Wirral Council received a premium of £2 million (plus VAT). In addition to this £2 million Wirral Council also receives 6% of the rents paid by commercial tenants in the Marine Point development as the documents below show.

It’s highly likely that if Neptune’s plan to redevelop Birkenhead Town Centre goes ahead, that there will be some sort of similar lease between Neptune and Wirral Council.

New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd cover page
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd cover page
New Brighton Marine Point lease Wirral council Neptune Wirral Ltd index page
New Brighton Marine Point lease Wirral council Neptune Wirral Ltd index page
New Brighton Marine point lease Wirral Council Neptune Wirral Ltd £2 million premium
New Brighton Marine point lease Wirral Council Neptune Wirral Ltd £2 million premium
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd Additional Rent Page 1
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd Additional Rent Page 1
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd Additional Rent Page 2
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd Additional Rent Page 2
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd Additional Rent Page 3
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd Additional Rent Page 3
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd Additional Rent Page 4
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd Additional Rent Page 4

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EXCLUSIVE: Wirral Council spent £16,412.04 on legal advice for Birkenhead Town Centre regeneration

EXCLUSIVE: Wirral Council spent £16,412.04 on legal advice for Birkenhead Town Centre regeneration

EXCLUSIVE: Wirral Council spent £16,412.04 on legal advice for Birkenhead Town Centre regeneration

                                                 

Indicative illustration of Neptune Development Limited's masterplan for Birkenhead Town Centre
Indicative illustration of Neptune Development Limited’s masterplan for Birkenhead Town Centre

Invoices published below for the first time today show that Wirral Council spent £16,412.04 with Weightmans on legal advice on proposals for redevelopment of Birkenhead Town Centre. Advice was given by Weightmans to Wirral Council on the preferred development agreement (later referred to as a lock out agreement) with developers Neptune Developments Limited.

Wirral Council’s Cabinet agreed last month to consult staff at Europa Pools, which might be relocated as part of the regeneration proposals.

Wirral Council invoice Weightmans £3,328.32 29th July 2013
Wirral Council invoice Weightmans £3,328.32 29th July 2013
Wirral Council invoice Weightmans £4,482 2nd April 2013
Wirral Council invoice Weightmans £4,482 2nd April 2013
Wirral Council invoice Weightmans £735.48 30th August 2013
Wirral Council invoice Weightmans £735.48 30th August 2013
Wirral Council invoice Weightmans £960 8th October 2013
Wirral Council invoice Weightmans £960 8th October 2013
Wirral Council invoice Weightmans £1929.60 28th June 2013
Wirral Council invoice Weightmans £1929.60 28th June 2013
Wirral Council invoice Weightmans £4976.64 27th March 2013
Wirral Council invoice Weightmans £4976.64 27th March 2013

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Labour councillors on Wirral Council’s Cabinet agree to consultation on master plan for Birkenhead

Labour councillors on Wirral Council’s Cabinet agree to consultation on master plan for Birkenhead

Labour councillors on Wirral Council’s Cabinet agree to consultation on master plan for Birkenhead

                                                       

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You can watch what happened at the Cabinet meeting on the 12th March 2015 above.

Wirral Council Cabinet meeting at Birkenhead Town Hall Thursday 12th March 2015 Left to right Surjit Tour, Cllr Phil Davies and Joe Blott
Wirral Council Cabinet meeting at Birkenhead Town Hall Thursday 12th March 2015 Left to right Surjit Tour, Cllr Phil Davies and Joe Blott

Wirral Council’s Cabinet met at a different venue to usual (Birkenhead Town Hall). At the start, Councillor Phil Davies wanted to show people the trophy that Wirral Council had received for being “Most Improved Council”. You can see a photo of when they received the award on the Local Government Chronicle website, but below is a photo of Cllr Phil Davies showing people the award at the Cabinet meeting.

Councillor Phil Davies shows off the Local Government Chronicle award Wirral Council received for being most improved council 12th March 2015
Councillor Phil Davies shows off the Local Government Chronicle award Wirral Council received for being most improved council 12th March 2015

Moving to what was on the agenda, Cabinet recommended the draft pay policy statement to the next Council meeting, the revenue financial monitoring report for month ten was hardly commented on, however various councillors commented on various capital projects.

Kevin Adderley talks to the Property Development Framework report at Cabinet on the 12th March 2015
Kevin Adderley talks to the Property Development Framework report at Cabinet on the 12th March 2015

Kevin Adderley talked to the Property Development Framework report after which the Cabinet agreed the recommendations in the report.

Kevin Adderley talking to the Enterprise Zone report at Cabinet on the 12th March 2015
Kevin Adderley talking to the Enterprise Zone report at Cabinet on the 12th March 2015

Mr Adderley then talked to the Enterprise Zone report and again Cabinet agreed the recommendations.

Cabinet agreed a slight increase in the amounts paid to residential and nursing homes and the arrangements for the delivery and commissioning of social care.

Cllr Tony Smith tells Cabinet what the outcome of the consultation on Pensby High School was 12th March 2015
Cllr Tony Smith tells Cabinet what the outcome of the consultation on Pensby High School was 12th March 2015

Councillor Tony Smith told Cabinet what the results were of the consultation to merge Pensby High School for Boys with Pensby High School for Girls. Cabinet agreed to move to the next stage of publishing notices.

The draft admission arrangements for primary schools and secondary schools were also agreed.

Cllr Pat Hackett talks at a Cabinet meeting about the master plan for Birkenhead Town Centre
Cllr Pat Hackett talks at a Cabinet meeting about the master plan for Birkenhead Town Centre

Councillor Pat Hackett spoke to the report recommending a consultation on the masterplan for Birkenhead Town Centre. He referred to an “improved market” and the stage one lockout agreement that the Council had entered into with Neptune Developments Limited. The detail of the proposals were covered in an earlier blog post. Cabinet agreed that Neptune Development Limited were to consult with the public (as well as staff who work at Europa Pools) on the masterplan.

Kevin Adderley pointed out that the Mars Pension Fund had recently advertised the Grange and Pyramids shopping centre in Birkenhead as being for sale. The recommendation to have a consultation was agreed by Cabinet.

A slight increase from April in fees charged to scrap metal dealers was agreed. Cllr George Davies spoke on the report reporting the consultation on licensing of private landlords in four areas on the Wirral. Cabinet agreed to refer the proposals to the Council meeting on the 16th March 2015.

The nominations from Cabinet for Civic Mayor and Deputy Mayor for 2015/16 were as follows:

Civic Mayor: Cllr Les Rowlands
Deputy Mayor: Cllr Pat Hackett

Cabinet then excluded the press and public from the rest of the meeting.

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Will councillors tell the public what Neptune's plans for Birkenhead Market are?

Will councillors tell the public what Neptune’s plans for Birkenhead Market are?

Will councillors tell the public what Neptune’s plans for Birkenhead Market are?

                                                 

Indicative illustration of Neptune Development Limited's masterplan for Birkenhead Town Centre
Indicative illustration of Neptune Development Limited’s masterplan for Birkenhead Town Centre

Thursday’s meeting of Wirral Council’s Cabinet had a last-minute item added to its agenda titled “Birkenhead Town Centre – Masterplan Principles”. Neptune Developments Limited (the company behind the New Brighton Marine Point development) have a plan and want Cabinet to approve a consultation on it.

These are the elements of the masterplan:

  • Demolish Europa Pools
  • Build new leisure centre on the car park next to Conway Park train station
  • On the site of what was Europa Pools build a drive through restaurant, public bar/restaurant and seven units (probably cafés and restaurants) plus car parking
  • Reduce the car parking adjacent to Birkenhead Bus Station and put a café there
  • Remodel Birkenhead Bus Station to “remove service vehicles and avoid pedestrian/bus conflicts”
  • Remodel Birkenhead Market Hall
  • Possibly a hotel on the vacant plot on the corner of Conway Street and Europa Boulevard

There’s even a ten page leaflet with glossy photos about the proposals on Wirral Council’s website.

What probably won’t be reported by the rest of the press, as Wirral Council have chosen to keep much of these details out of the public domain is that according to this report (see 2.5) from 2013 Neptune Developments Limited have an interest in one of the pieces of land in Conway Street that would be needed for the scheme.

The report going to Cabinet on Thursday evening also states “No other options have therefore been considered as NDL has already secured an interest in the balance of the land that is needed to deliver the re-provided market.” If Cabinet agree to consult on these plans, Wirral Council will have to seek legal advice that including Europa Pools in the proposals won’t contravene procurement or state aid rules.

At the moment, there is uncertainty as to what the proposals mean for Birkenhead Market and hopefully some light can be shed on this element of the proposals at the Cabinet meeting this Thursday evening.

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Birkenhead Market Limited Accounts: Is This The Reason Behind Neptune’s Masterplan?

Birkenhead Market Limited Accounts: Is This The Reason Behind Neptune’s Masterplan?

Birkenhead Market Limited Accounts: Is This The Reason Behind Neptune’s Masterplan?

                             

Following a previous story on this blog about Birkenhead Market, someone suggested I look at the accounts for Birkenhead Market Limited so I decided to request the latest set of accounts for Birkenhead Market Limited from Companies House.

The accounts make for very interesting reading and may be why Neptune Developments Limited was asked by Wirral Council’s Cabinet to come up with a master plan for Birkenhead Market.

A copy of the latest unaudited accounts (for the year ending 31st July 2012) are below.

Registered number: 04403580

BIRKENHEAD MARKET LIMITED

UNAUDITED

ABBREVIATED ACCOUNTS

FOR THE YEAR ENDED 31 JULY 2012

________________________________________________________________________________

BIRKENHEAD MARKET LIMITED

REGISTERED NUMBER: 04403580

________________________________________________________________________________

ABBREVIATED BALANCE SHEET

AS AT 31 JULY 2012

________________________________________________________________________________

2012 2011
Note £ £ £ £
FIXED ASSETS
Intangible assets 2 1 1
Tangible assets 3 1,741,325 1,799,446
Investments 4 1 1
_________ _________
1,741,327 1,799,448
CURRENT ASSETS
Debtors 5 26,148 36,138
Cash at bank and in hand 59,931 101,441
_________ _________
86,079 137,579
CREDITORS: amounts falling due within one year 6 (4,308,952) (4,365,582)
_____________ _____________
NET CURRENT LIABILITIES (4,222,873) (4,228,003)
_____________ _____________
NET LIABILITIES (2,481,546) (2,428,555)
_____________ _____________
CAPITAL AND RESERVES
Called up share capital 7 10,000 10,000
Profit and loss account (2,491,546) (2,438,555)
_____________ _____________
SHAREHOLDERS’ DEFICIT (2,481,546) (2,428,555)
_____________ _____________

The directors consider that the company is entitled to exemption from the requirement to have an audit under the provisions of section 477 of the Companies Act 2006 (“the Act”) and members have not required the company to obtain an audit for the year in question in accordance with section 476 of the Act.

The directors acknowledge their responsibilities for complying with the requirements of the Companies Act 2006 with respect to accounting records and for preparing financial statements which give a true and fair state of affairs of the company as at 31 July 2012 and of its loss for the year in accordance with the requirements of section 394 and 395 of the Act and which otherwise comply with the requirements of the Companies Act 2006 relating to financial statements, so far as applicable to the company.

The abbreviated accounts, which have been prepared in accordance with the special provisions relating to companies subject to the small companies regime within part 15 of the Companies Act 2006, were approved and authorised for issue by the board and were signed off on its behalf on 24 April 2013.

(signature of LD Embra)

Mr L D Embra

Director

The notes on pages 2 to 5 form part of these financial statements.

________________________________________________________________________________

BIRKENHEAD MARKET LIMITED

________________________________________________________________________________

NOTES TO THE ABBREVIATED ACCOUNTS

FOR THE YEAR ENDED 31 JULY 2012

________________________________________________________________________________
1. ACCOUNTING POLICIES

1.1 Basis of preparation of financial statements

The full financial statements, from which these abbreviated accounts have been extracted, have been prepared under the historical cost convention and in accordance with the Financial Reporting for Smaller Entities (effective April 2008).

1.2 Going concern

The company meets its day to day working capital requirements through a combination of bank loans and overdraft facility. The company is currently in discussions with its bankers regarding the term of its loan and believes from current discussions with its bankers that the loan will be renewed on a basis that will enable the company to meet its liabilities as and when they fall due over at least the next 12 months. The financial statements do not include any adjustments that would result from the withdrawal of support from the company’s bankers. The directors therefore consider the going concern basis of accounting to be an appropriate basis to produce the financial statements.

While the company does have net liabilities at 31 July 2012 of £2,481,546, the balance sheet includes leasehold property at a historical cost carrying value of £1,683,406 in respect of an asset which is considered by the directors to have a considerably higher current market value.

1.3 Turnover

Turnover comprises revenue recognised by the company in respect of goods and services supplied during the year, exclusive of Value Added Tax and trade discounts.

1.4 Intangible fixed assets and amortisation

Goodwill is the difference between amounts paid on the acquisition of a business and the fair value of the identifiable assets and liabilities. It is amortised to the Profit and loss account over its estimated economic life.

1.5 Tangible fixed assets and depreciation

Tangible fixed assets are stated at cost less depreciation. Depreciation is provided at rates calculated to write off the cost of fixed assets, less their estimated residual value, over their expected useful lives on the following bases

L/Term Leasehold Property – 50 years straight line
Fixtures and fittings – 25% reducing balance

1.6 Investments

Investments held as fixed assets are shown at cost less provision for impairment.

________________________________________________________________________________

BIRKENHEAD MARKET LIMITED

________________________________________________________________________________

NOTES TO THE ABBREVIATED ACCOUNTS

FOR THE YEAR ENDED 31 JULY 2012

________________________________________________________________________________

2. INTANGIBLE FIXED ASSETS

£
Cost
At 1 August 2011 and 31 July 2012 1
_________
Net book value
At 31 July 2012 1
_________
At 31 July 2011 1
_________

3. TANGIBLE FIXED ASSETS

£
Cost
At 1 August 2011 2,747,799
Additions 2,250
___________
At 31 July 2012 2,750,049
Depreciation
At 1 August 2011 948,353
Charge for the year 60,371
___________
At 31 July 2012 1,008,724
___________
Net book value
At 31 July 2012 1,741,325
___________
At 31 July 2011 1,799,446
___________

Under the small companies regime the company is exempt from preparing consolidated accounts and has not done so, therefore the accounts show information about the company as an individual entity.

3. FIXED ASSET INVESTMENTS

£
Cost or valuation
At 1 August 2011 and 31 July 2012 1
___________
Net book value
At 31 July 2012 1
___________
At 31 July 2011 1
___________

________________________________________________________________________________

BIRKENHEAD MARKET LIMITED

________________________________________________________________________________

NOTES TO THE ABBREVIATED ACCOUNTS

FOR THE YEAR ENDED 31 JULY 2012

________________________________________________________________________________

4. FIXED ASSET INVESTMENTS (continued)
Subsidiary undertakings
The following were subsidiary undertakings of the company.

The aggregate of the share capital and reserves as at 31 July 2012 and of the profit or loss for the year ended on that date for the subsidiary undertakings were as follows.

Name Aggregate of share capital and reserves Profit/(loss)
£ £
Birkenhead Market Services Limited 189,459 (48,927)
___________ ___________

Under the small companies regime the company is exempt from preparing consolidated accounts and has not done so, therefore the accounts show information about the company as an individual entity.

5. DEBTORS

Included within other debtors are loans to the following related companies Liverpool Developments (2001) Limited, London Provincial and Overseas Limited, Europa Plaza Developments Limited, Jelder Consultants Limited and Landmark Projects and Developments Limited.

During the year to 31 July 2012 a provision was made against accrued interest of £12,600 due from Liverpool Developments (2001) Limited. Interest is charged on the fully provided outstanding loan balance at the rate of 7%. The charge for the year ended 31 July 2012 was £12,600.

During the year to 31 July 2012 a provision was made against accrued interest of £29,721 due from London Provincial and Overseas Limited. Interest is charged on the fully provided outstanding loan balance at the rate of 7%. The charge for the year ended 31 July 2012 was £29,721.

During the year to 31 July 2012 a provision was made against accrued interest of £735 due from Europa Plaza Developments Limited. Interest is charged on the fully provided outstanding loan balance at the rate of 7%. The charge for the year ended 31 July 2012 was £735.

During the year to 31 July 2012 a provision was made against accrued interest of £109,152 due from Jelder Consultants Limited. Interest is charged on the fully provided outstanding loan balance at the rate of 7%. The charge for the year ended 31 July 2012 was £109,152.

All of the above loans and associated accrued interest are still due and payable to the company. All amounts have been provided against on the grounds of prudence, due to uncertainty over recoverability.

________________________________________________________________________________

BIRKENHEAD MARKET LIMITED

________________________________________________________________________________

NOTES TO THE ABBREVIATED ACCOUNTS

FOR THE YEAR ENDED 31 JULY 2012

________________________________________________________________________________

6. CREDITORS
Amounts falling due within one year

The bank loan and overdraft facility are secured by a first legal charge over the property and its associated asset, debentures by, and unlimited cross guarantees by and between the Borrower and Birkenhead Market Services Limited and a guarantee for £150,000 by Mr L D Embra.

7. SHARE CAPITAL

2012 2011
£ £
Allotted, called up and fully paid
10,000 Ordinary shares of £1 each 10,000 10,000
___________ ___________

DIRECTOR’s BENEFITS: ADVANCES, CREDIT AND GUARANTEES
The balance on Mr D F Doyle’s loan account is £nil (2011 £4,588). The maximum amount due in the year was £4,588. No interest was charged during the year.

The balance on Mr J E Richardson’s loan account is £5,000 (2011 £3,000). The maximum amount due in the year was £5,000. No interest was charged during the year.

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