Guest post by Philip Grant in personal capacity
SEE UPDATE AT FOOT OF THIS ARTICLE
As you
had not seen yet another “guest blog” by me on the “footballers” tile mural
since 13 April, when I set out the reasons that Quintain does not have consent
to cover it with adverts and asked “Why
won’t Brent concede?”, you may have hoped that this question had
been settled by now. I’d hoped that as well!
The
“footballers” mural in the Bobby Moore Bridge subway at Wembley Park.
Unfortunately,
Brent Council Officers don’t want to “play ball”, and get this issue properly
resolved. It seems they would prefer to “kick it into the long grass”, so that
Quintain and its Wembley Park subsidiary can continue to claim they are
“entitled” to cover over this heritage asset and public artwork with adverts
for big events at Wembley Stadium, starting with the Euros football tournament
next month.
It
should be unthinkable for this mural, showing England footballers playing at
the old “twin towers” Wembley, to be hidden away behind advertising material
when fans are going to the stadium to watch their team play. The adverts would
also cover-up the plaque which shows they are walking through a structure
dedicated ‘in honour of a football legend’. Even if you are not a football fan,
I hope you would agree it would be wrong for any adverts to be placed there
unlawfully, and that is what I believe would be the case.
The
plaque in the centre of the “footballers” tile mural.
After
I had sent the detailed reasons why Quintain did not have advertisement consent
for this mural to Brent’s Legal Director and Chief Executive on 9 April, I had
expected either to receive their agreement, or their counter argument. Instead,
this is the full text of the email I received on 16 April from Debra Norman:
‘A substantial amount of council resource has
been devoted to considering the concerns you have raised, including taking
external legal advice. I am afraid we are now at the stage where it’s not
reasonable continue with correspondence about this matter upon which it is
clear the council is not in a position to agree your view or take the action
you wish.’
Because
this matter does need to be resolved, I believe it was reasonable to
continue! I wrote to Carolyn Downs, asking her to let me know the reasons why
the Council did not “agree my view”, and making clear that if they had a
stronger case than the one I had put forward, I would accept it.
I will
not accept the outcome that
Council Officers want to impose without the evidence to back it up. I know,
from past experience, that the Council will never share a copy of the ‘external
legal advice’ they have received. But as they told me the QC’s advice ‘aligned
with’ the view they’d already taken, surely they could share that view with me?
What I asked for was: ‘the
substance of the reasoning for your view that the 2017 advertisement consent
still applies to the "footballers" mural, and the documentary
evidence on which that reasoning is based.’ The answer I finally received from
Brent’s Chief Executive, on 19 May, was:
‘I have taken further legal advice on
sharing our QC advice and have been advised not to so do.’
I
don’t think it is fair or open for senior Council Officers to refuse to give their
reasons for the view they have taken on this important matter, and I have said
so. I will ask Martin to attach the full text of the latest email exchanges, so
that anyone who wishes to can read them and make their own judgement.
We are
now less than three weeks away from the start of the Euros football tournament,
so this dispute over advertisement consent does need to be resolved without
further delay. As Council Officers are reluctant to settle the issue, I have
taken the initiative and suggested that Brent Councillors could help to do
that.
I
decided to ask the Lead Member for Culture and Leisure if he would be willing
to organise a small panel of councillors to arbitrate and decide, on the facts
and evidence, whether or not Quintain has consent to put adverts over the
“footballers” tile mural. Any decision would need to be binding on both myself
and the Council, so I copied my email to the Chief Executive.
I
approached Councillor Nerva as he had expressed an interest when I suggested,
in early January, that the Cabinet should consider the option of only allowing
advertising on the Bobby Moore Bridge parapets, not covering the murals on the
subway walls, when the advertising lease came up for renewal in August 2021.
(That was before it was disclosed that a VERY
dodgy deal had been made by Council Officers in 2019, to extend the
lease until August 2024!)
At the
time of writing, I have not heard back from Councillor Nerva, but I will ask
Martin to attach a copy of the text of my email, so that if you are interested
you can see what I have suggested. You are welcome to add a comment below, if
you wish to suggest any improvements to my proposals, or to share any better
ideas on how this matter can be settled, quickly and fairly, and at minimal
extra cost.
Hopefully,
either this way or another, we should be able to resolve this dispute. If I
have to admit that my view was wrong, on the basis of the facts and evidence, I
can accept that.
But if
I did not have confidence in the case I have already put forward, openly and
transparently to Council Officers and my fellow Brent residents, I would not
still be fighting to keep the “footballers” tile mural on permanent public
display.
Philip Grant.
UPDATE- CAROLYN DOWNS' RESPONSE
Readers of this "guest blog" may be interested to know the latest developments, from this exchange of emails which took place this afternoon (24 May):
1. Dear Mr Grant
Cllr Nerva has asked me to respond.
Thanks for your suggestion of a way to resolve your outstanding issue.
I am afraid that even if a panel of Councillors agreed with you it would not change the legal right for vinyl advertisements to be attached to the tiles over the football mural.
I have mentioned before that the contract for advertising is due to be re-tendered later this year and in the meantime, Quintain have said that they will not advertise over it.
Yours sincerely
Carolyn Downs
Chief Executive
Brent Council
2. Dear Ms Downs,
Thank you for your email, in response to my suggestion to Cllr. Nerva last Friday that a panel of councillors could settle our (not my) outstanding dispute over advertisement consent by arbitration.
It would probably save a more detailed reply from me if you would clarify two points from the final sentence of your email, please, as quickly as possible.
You have said that 'the contract for advertising is due to be re-tendered later this year.' It was my understanding that the November 2019 Deed of Variation extended Wembley Park Ltd's advertising lease until August 2024. Would you explain, please, what the re-tendering will involve, and when this will happen.
You say that 'Quintain have said that they will not advertise over it.' Does that mean that Quintain have given a guarantee that no vinyl advertising sheets will be placed over the "footballers" tile mural? If so, I would welcome a copy of the communication confirming that, please.