HiDoes anyone have any pop up power supply bollards installed? If so i would like an honest review ie are they worth the money, do they get stuck in the ground etc?ThanksCharlie
✅ KPR – Help Update
Recognising the concerns and email traffic to NABMA this morning on KPR ceasing to trade then we have been in contact with three sources that have indicated they may be able to assist members affected by this matter and provide some sort of help and support package. Two are commercial companies and the other is an operator that has designed an in house arrangement.Each of the below is prepared to have a conversation with the individual operator to see what support may be possible.Marketti – Derek StewartMobile 07949 083474Email derek@paysme.co.ukWebsite Marketti Edge IT Systems – Chris Edgee-mail chris@edgeitsystems.com mobile 07970 931174Website EDGE IT Systems Limited – IT Support, IT SolutionsSteven Hadfield – Markets & Business Development Manager, Tameside MBCemail steven.hadfield@tameside.gov.uk Tel. 0161 342 5389Mobile. 07790882739We hope that the above is helpful and NABMA will continue to monitor the situation. Please use Basecamp to provide updates on how you are dealing with this situation.
✅ KPR – Help Update
Recognising the concerns and email traffic to NABMA this morning on KPR ceasing to trade then we have been in contact with three sources that have indicated they may be able to assist members affected by this matter and provide some sort of help and support package. Two are commercial companies and the other is an operator that has designed an in house arrangement.Each of the below is prepared to have a conversation with the individual operator to see what support may be possible.Marketti – Derek StewartMobile 07949 083474Email derek@paysme.co.ukWebsite Marketti Edge IT Systems – Chris Edgee-mail chris@edgeitsystems.com mobile 07970 931174Website EDGE IT Systems Limited – IT Support, IT SolutionsSteven Hadfield – Markets & Business Development Manager, Tameside MBCemail steven.hadfield@tameside.gov.uk Tel. 0161 342 5389Mobile. 07790882739We hope that the above is helpful and NABMA will continue to monitor the situation. Please use Basecamp to provide updates on how you are dealing with this situation.
KPR Maccs
I have received an email this morning to advise that KPR are going into voluntary insolvancy. I need to urgent look at a replacement system, any advise from other operators on what systems you use? Also anyone that uses this system what are you doing in the interim? The system stops working on 18 November so really short notice!
✅ Consultation – Supporting defence infrastructure and the future of time limited permitted development rights
NABMA has notified members of the above consultation, launched on 5 September 2021, that ends on 14 November. We have had very few responses and have in fact challenged government for the evidence that has led to the publication and its inclusion of markets. Yesterday, at a meeting of the government Retail Forum we pursued the matter further but still no evidence was presented. NABMA has now submitted the below response. If you are still considering making a response then the below may be helpful to you. NABMA will be pleased to receive copies of any submission that you have, or intend to make. Yours sincerely David Preston (BA Hons)Chief ExecutiveThe National Association of British Market Authorities RESPONSE OF THE NATIONAL ASSOCIATION OF BRITISH MARKET AUTHORITIES (NABMA) TO THE GOVERNMENT CONSULTATION ON THE EXTENSION OF TEMPORARY PLANNING POWERS 1 Please find below details of NABMA’s response to the government consultation on the extension of temporary planning powers enabling street markets to operate all year round. 2 NABMA represents market operators throughout the United Kingdom. Currently we have almost three hundred members. While the vast majority of our members are local authorities we have a significant number of members who represent other forms of market management such as private operators, community groups, BIDS, Farmers Markets and property developers. 3 The evidence from NABMA’s members suggests that there is currently no significant problem in holding markets all year round. Temporary Markets, which many of our members operate at periodic intervals, can normally be accommodated within the existing fourteen days provision and the members who hold extended temporary Markets, such as some of the large Christmas Markets, report no serious issue in securing the required planning permission. 4 NABMA would argue that there has been a problem with the fourteen day temporary permission for many years. There is compelling evidence, from both the police and trading standards, that the ability to operate car boot sales in particular, for up to fourteen days without planning permission, has provided widespread opportunities to sell counterfeit and stolen goods in vast quantities. Indeed this situation has resulted in the markets industry suffering a certain amount of damage to its reputation. This is because anyone who wants to operate a market event could benefit from the fourteen day temporary permission. 5 Local authorities, and some other operators, enjoy the benefit of market powers and these powers enable action to be taken against unauthorised Markets that take place without enjoying market powers or in conflict with existing market powers enjoyed by others. These powers provide a framework for ensuring that the number and quality of Markets in a particular area are appropriate for the needs of that area. However the existence of the temporary planning permission undermines the local authority position and makes it more difficult to take effective action. 6 Irrespective of the government going ahead with the proposal to extend the current fourteen day arrangement NABMA would suggest that as a starting the holding of any Markets held under the temporary planning permission should be limited to those operated or authorised by a local authority. This would make a significant start in dealing with the serious problems highlighted above. 7 NABMA welcomes any initiative that helps Markets but, as indicated at the outset, we have not received any representations from our members that extending the existing fourteen days is a priority for them. One member has advised us that they have used the current temporary extension to relocate a Market pending the completion of a redevelopment project but this is the only response we have received indicating that the temporary extension has been of value. 8 Prior to sending in this response NABMA has asked what evidence exists to support the government’s proposal to extend the temporary extension. We have not received any answer and given the absence of any meaningful response from our members NABMA must conclude that there is no compelling case for supporting the government in this matter. 9 it is noted that the consultation refers to the ability to use “moveable structures” as part of the Market. This might be of potential benefit if it allows stalls, stands etc to be utilised without the need for any separate highway approval. One of the major problems our members have encountered , in holding temporary Markets, is the requirement to get a highway or street closure order in order to place structures on the highway. This process can often take several weeks/months. Having the ability to proceed without planning permission is likely to counterproductive if it necessary to obtain a highway or street closure order. It would therefore be helpful to be clear on what is intended by the reference to moveable structures. 10 In summary, NABMA does not believe that this proposal will make a serious difference to promoting Markets. However we do welcome the fact that if it is adopted it is limited to Markets held or authorised by local authorities. NABMA would go further and ask that the current temporary permission is limited to Markets held or authorised by local authorities. Finally we would seek clarification of what is meant by the inclusion of moveable structures. If this reduces the requirement to secure a highway or street closure order then it can be of significant benefit to our members. 11 If required NABMA is happy to clarify or explain any of the issues raised in this response and/or meet government officials to discuss our response.
❤️ Love Your Local Market Champions
After a successful Love Your Local Market Campaign 2021, it’s time to keep your eyes peeled on our social media accounts, as we announce our Love Your Local Market Champions for 2021!You don’t want to miss out on your exclusive limited edition Champion Mug!There will be new winners every day!
✅ VAT ON MARKET LETTINGS
Members, particularly those who have longstanding memberships, will be aware of the vigorous campaign fought by NABMA to protect traditional Markets from VAT liability. We have provided periodic updates on the discussions with HMRC and the Treasury and we have commissioned an Opinion from a leading tax barrister to get a definitive view on the VAT status of traditional Markets. In remains the view of HMRC that where a market letting is essentially a licence to use land then no VAT liability arises. However the situation became more complicated in 2017 when the Upper Tribunal, in what has become known as the Craft Carnival Case, deemed that VAT was chargeable on the letting of stalls at a Craft Fair. Initially HMRC sought to extend the remit of the Craft Carnival Case to other Markets but NABMA intervened. We argued that the situation in the Craft Carnival Case, where there was a high level of management, security fencing, widespread promotion, portable toilets and staff taking fees to visit the event, is very different to what you would find at a traditional Market and therefore the decision in the Craft Carnival case is limited to more specialist Markets. Of course there is no definitive answer telling us at what stage the provision of services to supplement the granting of a licence to use land for market trading will mean that the letting attracts VAT liability. This issue has been raised with NABMA on two or three occasions in the last week and members refer to the provision of gazebos/stalls, the provision of electricity and cleaning services. I feel it is therefore appropriate to restate NABMA’s position. It is NABMA’s view that the provision of basic services to enable a Market to operate effectively, which includes providing a gazebo/stall, does not mean that VAT become an issue. Such a situation is a very long way from the facts outlined in the Craft Carnival Case. It is an interesting contrast that HMRC are quite specific in regarding street trading licensing as exempt from VAT although many Markets, operated under street trading legislation, particularly in London, provide a range of services and in many cases stalls to their traders. The attitude of HMRC on street trading gives NABMA further confidence about the validity of the position we have adopted on traditional Markets. Finally it is right to mention the fast approaching Christmas Markets. If you are organising a large scale event that has increased services including management, promotion, security and additional trader benefits then there is a good chance it falls within the Craft Carnival Case and VAT is chargeable. If you are organising a local Christmas Market where the services are largely akin to what happens at your traditional weekly Market then VAT is unlikely to be chargeable. If I can help in any other way please get in touch. Yours sincerely David Preston,Chief Executive
✅ New laws and code to resolve remaining COVID-19 commercial rent debts
It is clear, from our various surveys and feedback, that market traders were given many rent concessions throughout the pandemic but I am also aware that a significant number of members continued to require rental payments. This latest announcement from BEIS will be of interest to all members who are looking to recover rent arrears that have built up during the pandemic. It is worthwhile quoting the text of the information I have received today: Department for Business, Energy and Industrial Strategy will be introducing the Commercial Rents (Coronavirus) Bill, to resolve the remaining commercial rent debts accrued due to the pandemic.Alongside this, the Department for Levelling Up, Housing and Communities will publish an updated Code of Practice for commercial landlords and tenants.From today, to align with the legislation, the Government is also protecting commercial tenants from debt claims, including County Court Judgements (CCJs), High Court Judgements (HCJs) and bankruptcy petitions, issued against them in relation to rent arrears accrued during the pandemic.Commercial tenants will continue to be protected from eviction by the Government’s moratorium, which was extended to 25 March 2022, unless legislation is passed ahead of this. This provides time for landlords and tenants to negotiate over outstanding arrears that have built up during the pandemic.Following Royal Assent of the Commercial Rent (Coronavirus) Bill, the new laws will come into force in England and Wales. Northern Ireland will have a power in the Bill to introduce similar legislation.These laws apply to commercial rent debts accrued by businesses that were mandated to close, either in full or in part, from March 2020 until the date restrictions were lifted for their sector. Debts accrued at other times will not be in scope.For those businesses in scope, legislation establishes a legally binding arbitration process for commercial landlords and tenants who have not already reached an agreement. The arbitration process will follow the principles set out in the revised Code of Practice.The result of the arbitration process will be a legally binding agreement that the landlord and tenant must adhere to, resolving rent disputes and helping the market return to normal as quickly as possible. Please find link to the news release here I am sure that all our members are doing everything they can to negotiate with traders mutually agreed arrangements for the collection of any outstanding arrears but this announcement from government clearly lays down a framework that has to be followed and gives traders protection from eviction if the only issue relates to rent arrears.
Job Vacancy – Markets Officer, Lichfield City Council
LICHFIELD CITY COUNCIL MARKETS OFFICER24 hours per week.Salary: £13,019 to £14,092 per annum (£20,092 – £21,748 Full Time Equivalent)Closing date for applications: Friday 12 November 2021Lichfield has held a market charter since 1153, with charter markets currently taking place on Tuesdays and Fridays, plus a Market established under the Food Act taking place each Saturday. All markets take place on Lichfield’s historic Market Square in the heart of the City.Lichfield City Council is inviting applications for this permanent, part-time post. The successful applicant will be responsible for providing an efficient Markets service to include the three weekly markets, ensuring that code of conduct, licence conditions and operating procedures are adhered to at all times. Other duties include collection of rents, allocation of pitches as necessary, input of markets finance data to SAGE accounts software (training will be given), liaison with market traders and members of the public, non-Market Day bookings on the Square and social media promotion of the Market and its traders. Based at the City Council offices at Donegal House, Bore St, Lichfield this is an interesting and varied post for which you should have a keen work ethic, good attention to detail, numeracy skills and a firm but fair manner.Job Description/Person SpecificationApplication formHard copies can be obtained from Lichfield City Council (tel: 01543 250011 email: enquiries@Lichfield.gov.uk). For an informal discussion about this role, please contact the Deputy Town Clerk, Sarah Thomas on 01543 250011 or sarah.thomas@lichfield.gov.uk Interviews currently scheduled for w/c 22 November 2021
✅ INTRODUCTION TO BENCHMARKING – Have you Registered Yet?
A number of NABMA members have asked about the above event scheduled on zoom for next week. As a reminder, in the last few months NABMA has sought to raise the profile of benchmarking Markets. Working with APSE, the professional organisation for benchmarking various Council services, we have provided a framework for the Markets of our District and Unitary Council members to participate in this important service. While we have a small and dedicated core of members involved we need more to make the service meaningful. In order to provide information, understand the resource requirement and deal with any concerns we have decided to hold a virtual workshop on Friday 12th November at 10am. This will be facilitated by APSE and hopefully will lead to greater support for benchmarking in 2022. Thank you to the large number of colleagues that have already booked a place. I would encourage everyone with an interest in benchmarking to attend this workshop. Further details and the programme will be provided shortly but you can still register now for this important event. Please send your expression of interest to info@nabma.com Yours sincerely David Preston (BA Hons)Chief ExecutiveThe National Association of British Market Authorities
