Councillors claim that position is 'untenable' for head of Cornwall's economy

Current and former members of Cornwall Council believe it is untenable for the councillor in charge of its finances to still be in his Cabinet position following questions over his business affairs.

Conservative councillor Louis Gardner was locked out of his own shop in Newquay last month after bailiffs arrived. Now his company TOCH Newquay Ltd has had a compulsory strike-off notice issued. The notice is administered by Companies House indicating that a business may have failed to conform to legal requirements such as filing accounts in time.

Cllr Gardner is Cornwall Council's Cabinet member for the economy and is in charge of the council's £132 million Shared Prosperity Fund. On July 20 signs were put up at his The Old Counting House deli and café in Bank Street, Newquay, saying items at the property had been seized and that the locks had been changed. By lunchtime the next day the notice had been painted over but the deli in the rented premises remained closed. The business has since reopened.

The member of Cornwall's Conservative leading Cabinet stated at the time that his business had been affected as a result of a dispute between the landlord – from whom he leases it – and the bank. However the 'Notice of Re-entry/Forfeiture' was addressed to Mr Gardner specifically. He said: "This is an issue between the building's owner and the bank, which, as a tenant at the property, has unfortunately impacted upon my business. I am taking legal advice, and hope to have the matter resolved quickly." We have written to the London-based landlord of the premises for comment.

This week a strike-off notice was issued by Companies House against TOCH Newquay Ltd, Cllr Gardner's company which runs the shop, dated for August 15. The company had a previous strike-off notice issued in January which was discontinued in March.

As well as the accounts being overdue for his company, they have also previously been overdue for Friends of Newquay Sea Pool Community Interest Company (CIC), of which Cllr Gardner is a director. The charitable non-profit limited company, which exists for the benefit of the community, has had two strike-off notices issued since April 2022. Both were discontinued after accounts were eventually lodged.

A number of members of the public have contacted us concerned about the impact all of this has on the Newquay Central and Pentire councillor's Cabinet role. A Newquay woman, who did not want to be named, said: "Louis Gardner is the man in charge of all the money at the council and is about to be struck off because his business hasn't kept proper accounts at HMRC. He is not fit for the position he has at the council."

Former councillor in charge of transport at Cornwall Council Geoff Brown said: "I think the strike-off notice is probably because he hasn't filed any accounts for over 18 months. He's director of Newquay Sea Pool – he was late filing accounts for that one by about 18 months. That incurred fines.

"The main question is, if you can't run a business properly and you are failing with public funds then should you really be in charge of the economy for Cornwall?"

The former Liberal Democrat councillor, who lost his seat to Cllr Gardner, added: "There's public concern that if he can't manage a business properly, should he be managing the economy of Cornwall?"

A member of his own Conservative group at Cornwall Council, who asked to remain anonymous, said he thought it was "untenable" for Cllr Gardner to stay in his Cabinet role while questions are being asked and there are public concerns about his business finances.

Cllr Gardner has been approached for a comment a number of times. Before this latest strike-off notice but after the bailiff visit he said wouldn't be commenting further. We have approached him again.

The leader of Cornwall Council and head of its Cabinet, Councillor Linda Taylor, has not responded to a request for a comment concerning Cllr Gardner's position. The council's communications team has also not responded to requests for comment for several days.

Cllr Gardner has previously stated that since becoming the Cabinet member for the Cornish economy in May last year, the council has received the first government Shared Prosperity Fund awards anywhere in the country with almost £100 million now allocated, and over £300 million of external funding has been won for Cornwall with all economic projects currently on track and on budget.

He was also the council's lead man in charge of the successful Armed Forces Day celebrations in Cornwall last month.