Decision - Expanding the remit of Trading Standards South East Ltd

1.     That approval be given to allow the Trading Standards Service to continue to contribute fully to company developments and joined-up working and continue to incorporate the Business Plan objectives into the Service’s own planning process.

2.     That the nominated Director (currently the Head of Trading Standards) be empowered to agree to the development of the role of the company (within the terms of it Memorandum and Articles of Incorporation and the objectives set out in paragraph 3 below), subject to seeking of advice from the Head of Legal Services, and the approval of the relevant Cabinet Member in respect of any contemplated development beyond those activities referred to in paragraph 3 below.

1.     To ensure representation on the regional Trading Standards partnership via the limited company, Trading Standards South East Limited.

2.     To build capacity, avoid duplication of effort and enhance operational functionality of the partnership to the benefit of the Brighton & Hove City Trading Standards Service.

3.     To limit the liability carried by the council.

1. Operating as a limited liability partnership has been explored. Independent legal advice advised against this option stating that the limited company route provided a more robust infrastructure for our purposes with proven test case material. The advice indicated that ultimately a LLP would not safeguard us from the current liabilities that we are exposed to within the partnership.