Posts in category: Basecamp

NABMA has recently been made aware of a member who instructed counsel on a markets issue and incurred substantial costs in getting the relevant advice. Sadly the member concerned did not consider whether NABMA could help. In the event it is likely the member could have saved a substantial amount of money by approaching NABMA. Members are entitled to receive free legal advice as part of their membership subscription and if the requirement is of a more complex nature then the costs are likely to be a fraction of what will be charged by counsel. It is recognised that on certain occasions advice from counsel is appropriate and again NABMA can help by introducing the member to Edward Cousins of counsel who is the current co-editor, with Graham Wilson NABMA’s Legal Consultant, of the only legal text book on markets ( Pease and Chitty- The Law of Markets and Fairs ). It is appreciated that instructions for legal advice is often placed by a member’s legal officer and that officer might not be aware of the services offered by NABMA but can I ask all members to ensure that they get the best value and advice by approaching NABMA before going direct to counsel.

The digital assets for #LYLM2021 are now available to download.We have created a variety of logos and social media tiles for you to use on your various networks including exact sizes for Facebook, Twitter and Instagram profile pictures and headers. We will be adding new content all the time. You can also download print ready (CMYK) versions of the graphics for any printed material you plan to produce. If you need any bespoke sizes or graphics, please get in touch with us via support@nabma.com Please find below a link to all available #LYLM2021 digital assets.Download Here

HiCan anyone help me. We are a small community market and currently manage our weekly bookings on an excel sheet. I have looked at developing some booking software, but wondered if anyone uses a booking system they would recommend?I want to be able to set up a market.Take bookingsSend reminders Also, would be good for stall holders to request dates.ThanksPaul

Following the information that we sent out earlier in the week then we are grateful to Harborough for their update that “If it helps, at Harborough we successfully claimed for loss of all casual rents as I argued these were transactional, not linked to leases, licences, fixed units etc and were to some extent seasonal.  Luckily we run the pop up section of our market on a casual basis on Wednesday, Thursday, Sunday, so while I haven’t recouped lost unit, licenced pop up income, my HDC accountant has put through 3 successful claims so far equalling approximately £50k. It’s an approach to consider for markets with casual stalls”. It is clear that the guidance leaves scope for interpretation. Lost income from rents is not eligible but we know market income has many component elements and the creative approach by Harborough provides positive news. NABMA would, of course, urge members to consider this approach  and update us on any other successes at claiming compensation. Yours sincerely David Preston (BA Hons)Chief ExecutiveThe National Association of British Market Authorities

Dear Colleague NABMA Annual Review 2021 The summons for the NABMA AGM on the 11 October has been sent out today that includes a copy of the Annual Review. The Review is a reminder of the turbulent year that we have all faced in the market industry. It looks  back to the darkest days but always at the forefront has been the resilience, determination and the passion of markets, market managers and their teams, and market traders to keep markets trading with service above self at all times. The industry can rightly be proud of the role it has played in supporting communities, and in particular their elderly and vulnerable. NABMA has been proud to play both leading and supporting roles through the past months The Executive Summary of NABMA headlines shows how NABMA has been restructured in the last 18 months and how it has responded to the many challenges of the pandemic. Conference next month will provide an opportunity to discuss the Review and look to the future. Until then I hope you find the Review an interesting read and take some pride in the way that NABMA and its membership have supported communities and high streets during the most difficult of times.

The government has previously issued guidance on how local authorities can recover lost income. This  guidance has now been updated and outlines what is in and out of the parameters of the scheme.NABMA is very disappointed, given the scale of our local councils membership, that local councils are not listed as one of the categories of local authorities entitled to utilise the compensation provisions and we are seeking further comments from government on the reason for this approach.The guidance makes it clear that rents are not covered by the compensation provisions so we are expecting that lost market rents and charges will generally not be eligible for compensation because they have a commercial basis  but there might be greater scope for markets operating under trading standards legislation to fall within the scheme as their charges do not generally have a commercial basis and can be more readily regarded as being a transactional activity. Again NABMA has gone back to government to seek clarification. We are also enquiring of the Local Government Association where we are a Special Interest Group.The advice we have already received from government is of a very general nature:Benefitting under “ the scheme relies on the judgement of the Section 151 Officer (the Finance Director) of the authority to make claims on losses that are eligible under the scheme, and therefore the Department cannot make judgements on individual lines of income loss (such as market fees and street trading charges).If the authority believe that the losses meet the principles set out under the scheme, then it is up to the authority whether to include this in their claim, and then if they choose to include it in their claim, be prepared to justify their position as part of the assurance checks the Department runs at the close of each round of the scheme”I will update with any further advice we receive but it might be worthwhile for members operating their markets under trading standards legislation to enquire within their authority whether there is support for making a claim in respect of the loss income. I would appreciate information from any member on whether they are successful.The second issue from government is the publication of a consultation paper on making outdoor measures for high streets permanent. This includes a proposal to make permanent planning permission in respect of markets for an unlimited number of days when previously there was only a fourteen days allowance. Supporting defence infrastructure and the future of time-limited permitted development rights – GOV.UK (www.gov.uk)The government guidance states that in June 2020 “ the government allowed markets markets to be held by, or on behalf of local councils, to be held for an unlimited number of days ……including the provision of moveable structures related to this use and …..the government is proposing that these measures be made permanent.” Again NABMA is seeking further information from government on this proposal as there are a number of issues that need to be clarified particularly the use of the expression “local councils “. Is the government seeking to limit this proposal to only local councils? Also what are the implications in respect of structures to highway requirements? In the meantime it would be helpful to know whether any of our members have benefitted from the temporary extension that has been in existence over the last twelve months.Yours sincerelyDavid Preston (BA Hons)Chief ExecutiveThe National Association of British Market Authorities

In recent weeks we have received requests for advice about requiring applicants to trade at Markets being required to disclose unspent criminal convictions.This arises because existing traders have been identified as being convicted of recent serious criminal offences.Currently, as far as NABMA can determine, it is not normal practice to ask about unspent criminal convictions. Before taking any further action any advice or comments from members would be appreciated.Graham WilsonNABMA Legal and Policy Consultant

The Government has updated guidance for local authorities on how to access the local government income compensation scheme for lost sales, fees and charges as a result of COVID-19. Local government income compensation scheme for lost sales, fees and charges – GOV.UK (www.gov.uk) The NABMA viewpoint is that the criteria for qualification appears to be that the loss arises from transactional income not commercial rents. This will probably rule out most market charges even though many markets are operating on a loss making basis  NABMA however is seeking clarification from Government on street trading which is not commercial but based on the cost of delivering the service so it can be described as transactional.  We will provide a further update based on the Government response.

As a reminder, following expressions of interest, NABMA has arranged two Market Law seminars. These interactive events, delivered by Zoom, are an opportunity for practical help to learn about, and discuss this most interesting aspect of UK law. The first event, on Monday, is now fully subscribed and just a few places remain for the second event on  Monday 13 September  – 10.00 – 12.30 The course tutor will be Graham Wilson OBE, the NABMA Legal and Policy Consultant and co author of the seventh edition of Pease, Chitty and Cousins: Law of Markets and Fairs.   Each seminar will cover the main legal framework of market law highlighting the history and the current provisions. There will be an opportunity to consider how case law and legislation impact on your local market situation.  The cost is £75 plus vat per delegate. Please book early to avoid disappointment at info@nabma.com  Yours sincerely David Preston (BA Hons)Chief ExecutiveThe National Association of British Market Authorities

Good morning all. Here in Newcastle-under-Lyme, Staffordshire, I’m looking at the cost of trade waste bags, disposal and how much of that cost we pass on to our traders.We currently heavily subsidise the service so that the market area remains clean and the it remains affordable to our traders.Stocks are running low and when approaching our supplier the new cost seems unaffordable to the market services; it will blow a large chunk of annual budget. Can anyone please highlight what you are charging traders for disposal of a bin bag of trade waste? Ours is 25p and remains unchanged since 2015.Nick Moore