Report to Portfolio Holder Cllr R Jayawardena, Deputy Leader and Cabinet Member for Strategy Subject: Top of the Town Markets Status: Routine Matter for Decision Report Ref: Ward(s): Eastrop Key Decision: No Key Decision Ref: Report of: Chas Bradfield, Town Centre Project Manager Mike Bovis, Property Services Manager Contact: Email: chas.bradfield@basingstoke.gov.uk Phone: 01256 845171 1. Market specification principles Appendices: The following Appendices are Confidential and not for publication by virtue of paragraph 3 of Schedule 12A of Local Government Act 1972 2. Confidential Commercial Financial Matters Papers relied on to produce this report Basingstoke & Deane Borough Council Market Place – Market Regulations 2013-14 SUMMARY 1 This Report 1.1 The report sets out proposals to develop a stronger market offer in Top of the Town. 2 Recommendation It is recommended that: 2.1 A licence is negotiated with Hampshire Farmers’ Markets to operate on the last Saturday of the month with the detailed arrangements to be agreed by the Town Centre Project Manager with the support of the Property Services Manager. 2.2 Procurement for a market operator is undertaken by the Town Centre Project Manager with the support of the Property Services Manager. The aim would be to have a new market operator responsible for all markets in the town, 1 of 8 except the monthly farmers’ market, operating by summer 2014. The market specification principles to be applied are detailed in Appendix 1. PRIORITIES, IMPACTS AND RISKS Contribution to Council Priorities This report accords with the council’s Budget and Policy Framework and directly supports the Council Plan priorities of improving economic vitality, increasing skills and employment, creating neighbourhoods where people feel safe and want to live, maintaining a reputation for quality arts and leisure, supporting active health and involved opportunities. MAIN CONSIDERATIONS 3 The Proposal 3.1 On 21 May 2013, Cabinet approved the council’s first two year rolling Action Plan to implement the Basingstoke Town Centre Programme. 3.2 The Programme Action Plan action point 17 says the council “will consider how to revitalise the market by understanding what is needed to ensure a high quality market in Basingstoke thrives in the future. If appropriate, we will act to deliver improvements to market provision in Basingstoke by summer 2014.” 3.3 The work on the Top of the Town, Basingstoke Concept Masterplan – a vision for the future (consultation draft) has identified that developing a strong market offer is an important component to the regeneration of Top of the Town. It recommends an objective “To introduce specialist markets in Top of the Town”. 3.4 Informal discussions with market operators have indicated that there is commercial interest in operating a larger general and / or specialist market based in Market Place, and extending to London Street, Winchester Street and potentially Wote Street with the right type of stalls. With this type of arrangement there is the potential for up to 50 stalls depending on size and configuration. 3.5 It is proposed that the council procure a market operator to develop and deliver thriving, successful and attractive markets in Basingstoke, based in Top of the Town. The principles to be applied to this procurement are outlined in Appendix 1 and the operation would be controlled by a licence from the council. Such a licence will be negotiated with the successful operator, and is likely to be for a period of several years to enable the market to grow over time. 3.6 Hampshire Farmers’ Markets (HFM) are very keen to start a regular farmers’ market on the last Saturday of each month. They are a not for profit organisation, and have developed a strong following in the Hampshire area since they were last operating in Basingstoke. 3.7 When HFM last operated in Basingstoke it was on a Sunday, and in the end the market was not as commercially successful as required and closed. A Saturday is a stronger trading day in the town and HFM have availability on 2 of 8 the last Saturday of the month for a regular market in Basingstoke. This will also have the effect of bringing new footfall to Top of the Town and supporting other businesses in that area which will be operating on a Saturday, but not generally open on a Sunday. 3.8 It is proposed that a licence is negotiated with HFM to operate in Top of the Town on the last Saturday each month. The operator would take full responsibility for the operation of the market and the start date is to be agreed, subject to the progress of the works to Market Place being carried out by the County Council’s contractor. 3.9 It will be important that the council and local business community support the new markets, in particular with regular and consistent publicity, to give the greatest opportunity for increased attraction of shoppers to the area. 4 Options Analysis 4.1.1 Do nothing. The current market may or may not continue if nothing is done, but it is not a strong market and does not act as an attraction to the area. Stalls are of variable quality, and it is not a specialist market. 4.1.2 Engage a specialist market operator. The council is not a market operator with expertise in running successful markets. In order to implement the Top of the Town Concept Masterplan objectives, professional market operators will be needed. The council would act as a client, and the market be operated under licence. 4.1.3 Remove the market and turn Market Place into external seating for food and drink, and an occasional events space. This is a viable alternative to a market however it would not have the attraction and “buzz” that a great market would produce. It could also be achieved on non-market days with innovative management, and this is an option that will be explored. 5 Corporate Implications 5.1 Financial Implications 5.1.1 The estimated net cost of operating the bi-weekly market during 2014/15 is £11,000. This assumes that the current service provision and occupation levels continue. 5.1.2 The operating costs associated with operation of the market comprise mainly of business rates for the site (£2,500); market supervision fees (£5,100); the waste collection contract (£3,300) and the cost of council staff involved in managing the service (£14,400). It should be noted that the total operating costs have been reduced by just under £10,000 in the last few years. This is mainly due to lower waste collection and market supervision costs. However, the income received by the council from market stalls has remained at just under £20,000 per year. 3 of 8 5.1.3 In addition to the above, the council forgoes car parking income of approximately £10,500 per annum whilst car parking spaces are provided free of charge to market traders. Currently 16 spaces at £6.30 per space are provided in Castons Yard Long Stay. The council could therefore receive additional income if the car parking spaces were either filled by a paying occupant or the market traders were charged for their car parking. 5.1.4 Further financial implications are provided in confidential appendix 2 as it is important that certain information remains commercially confidential at this time to enable effective and satisfactory negotiation of the terms of any licences. 5.2 Risk Issues 5.2.1 Control over the style and quality of the market needs to be exercised, and this can be done through a licence. 5.2.2 Currently there is a reputational risk for the town as the current market is weak with an offer that does not fit with the Top of the Town Concept Masterplan. 5.2.3 There is a likelihood that existing market traders will be displaced by specialist markets trading on a Wednesday and Saturday, unless they are able to adapt and become part of that specialist market offer. This may result in unfavourable publicity and reaction from those traders and their customers. There are currently seven regular Saturday traders, although not all have been operating from the temporary location during the Market Place works. 5.3 HR Issues None 5.4 5.4.1 5.5 Equalities An Equalities Impact Assessment has been considered and no specific differential impacts identified Legal Implications 5.5.1 There has been a market in Market Place opposite the Willis Museum since 1622, originally known as the Charter Market. It is now a statutory market governed by the provisions in Part III of the Food Act 1984. The Act enables regulation by the local authority in respect of place, stallholders, operation and charges. There is no legal requirement on the council to retain the Market into the future. 5.5.2 Under the council’s Market Place – Market Regulations 2013-14 all market lettings are on a daily basis and there is no requirement on the council to give any notice to existing traders of changes to market lettings. 5.5.3 It is recommended that to ensure suitable operators, market layout, management, control and financial arrangements the market is operated 4 of 8 under a licence with an operator, the operator taking on the responsibility of dealing with the traders direct. The terms of such licence are to be negotiated with each licensee. 5.6 5.6.1 Any Other Implications None 6 Communication and Consultation 6.1 Through the work with stakeholders on the Basingstoke Town Centre Forum on the development of the Top of the Town Concept Masterplan there is strong support for thriving specialist markets in Top of the Town. 6.2 Existing market traders were informed by letter dated 5 February of the HFM proposal, as well as the possibility of further changes in the management of the general market. Since that letter various discussions have been held both over the telephone and face to face to understand their views on the proposals. 6.3 In summary the feedback from existing market traders demonstrates they are very unhappy with a change in market style and operator if that is likely to remove them from trading in their current location in Market Place. Saturday, in particular the last Saturday of the month, is considered a strong trading day and they would feel aggrieved losing that trading day to other market operators as that would be a significant loss of income to them. Whilst they support the improvement to the market and making it a much stronger market, they are not in favour of HFM operating on a Saturday if that means their exclusion from trading in the same location. 6.4 Existing market traders have subsequently had a copy of this report and a further letter explaining the decision making process and inviting any further comments. 6.5 Throughout the procurement of a specialist market operator it will be important to keep current traders updated of the process, and to consult them at appropriate times. 6.6 The council would assist new market operators by publicity through the council’s current marketing channels. 7 Conclusion 7.1 A step-change in market provision in Top of the Town is achievable with the active support of the council. 7.2 This change is one of the key objectives of the Top of the Town Concept Masterplan. 5 of 8 6 of 8 APPENDIX 1 Top of the Town Market, Basingstoke Market Operator Specification – Outline Principles 1. 1.1 Desired Offer: Compelling “destination” market type offer – e.g. Food Market; Vintage Market; Art and Craft Market – the type of style that lends itself to a strong brand and is attractive to the catchment population, and gives the best opportunity of strong marketing and promotion; commercially viable and successful 2. 2.1 2.2 Regularity: Weekly market on one weekday and Saturday minimum Flexible to fit with a once a month farmer’s market supplied by a separate operator 3. 3.1 3.2 3.3 Size: Dependant on the offer and flexible; Capacity in Market Place for 18 stalls approx. Capacity in Winchester Street and London Street for additional stalls, depending on size up to 20 approx. Potential, with stall adaptions, for use of Wote Street and Church Street. 3.4 4. 4.1 4.2 4.3 4.4 4.5 4.6 5. 5.1 5.2 6. 6.1 Market management: Market to be comprehensively managed by the market operator to agreed service specification under licence from the council. Operator fully manages market including engaging, charging and managing stall holders. Council role is of a commissioner and supervisory client only. Licence agreement subject to negotiation but to recognise that building up a thriving market offer may take several years. Likely period 1-3 years. Market operator makes arrangements to dispose of waste leaving site clean and tidy after the market Operator liaises with current market stall holders regarding integration into new market arrangement Operator complies with all legal responsibilities and indemnifies the council in terms of public liability to an appropriate level commensurate with risk Financial arrangement: Operator pays a fee to the council as part of licence; fee level subject to negotiation; may initially be minimal to enable a thriving sustainable market to be developed. Principle is to at least fully cover any council costs once market is fully established. Location: Market Place, London Street, Winchester Street, Wote Street, Church Street 7 of 8 7. 7.1 7.2 7.3 8. 8.1 8.2 8.3 Approvals required: Landowners – Basingstoke & Deane Borough Council; Hampshire County Council Highways authority Fire authority Support from the Council: Marketing publicity through current channels – website; Facebook; Twitter; media release; Town Centre Forum. Parking for traders through limited number of permits Electricity via Market Place supply at cost 8 of 8