direct dial: 024 7637 6204 pam.matthews

Enquiries to:

Pam Matthews

Direct Dial: 024 7637 6204

Direct Email: [email protected]

Date: 24th March, 2014

Dear Sir/Madam, A meeting of the CABINET will be held in the Committee Room A, Town Hall, Nuneaton on Wednesday, 2nd July, 2014 at 6.00 p.m. Public Consultation will commence at 6.00 p.m.

Yours faithfully,

ALAN FRANKS

Managing Director To: Members of Cabinet Councillor D. Harvey (Finance and Civic Affairs (Leader)) Councillor J.A. Jackson (Housing and Communities (Deputy Leader)) Counciillor A.A. Lloyd (Planning and Development) Councillor I.K. Lloyd (Arts and Leisure) Councillor D. Aldington (Central Services) Councillor N.J.P. Phillips (Health and Environment)

AGENDA

PART I

PUBLIC BUSINESS

1. EVACUATION PROCEDURE A fire drill is not expected, so if the alarm sounds please evacuate the building quickly and calmly. Please use the stairs and do not use the lifts. Once out of the building, please gather outside the Yorkshire Bank on the opposite side of the road. Exit by the door by which you entered the room or by the fire exits which are clearly indicated by the standard green fire exit signs. If you need any assistance in evacuating the building, please make yourself known to a member of staff. Please also make sure all your mobile phones are turned off or set to silent.

2. APOLOGIES - To receive apologies for absence from the meeting. 3. MINUTES - To confirm the minutes of the Cabinet meeting held on 2nd April,

2014 (attached). (Page 4) 4. DECLARATIONS OF INTEREST

To receive declarations of Disclosable Pecuniary and Other Interests, in accordance with the Members’ Code of Conduct. Note: Following the adoption of the new Code of Conduct, Members are reminded that they should declare the existence and nature of their personal interests at the commencement of the relevant item (or as soon as the interest becomes apparent). If that interest is a Disclosable Pecuniary or a Deemed Disclosable Pecuniary Interest, the Member must withdraw from the room. Where a Member has a Disclosable Pecuniary Interest but has received a dispensation from Standards Committee, that Member may vote and/or speak on the matter (as the case may be) and must disclose the existence of the dispensation and any restrictions placed on it at the time the interest is declared. Where a Member has a Deemed Disclosable Interest as defined in the Code of Conduct, the Member may address the meeting as a member of the public as set out in the Code.

Cabinet - 2nd July, 2014

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Note: Council Procedure Rules require Members with Disclosable Pecuniary Interests to withdraw from the meeting unless a dispensation allows them to remain to vote and/or speak on the business giving rise to the interest. Where a Member has a Deemed Disclosable Interest, the Council’s Code of Conduct permits public speaking on the item, after which the Member is required by Council Procedure Rules to withdraw from the meeting.

5. PUBLIC CONSULTATION - Members of the public will be given the

opportunity to speak on specific agenda items if notice has been received.

6. MARKET AND STREET TRADING REGULATIONS – Report of the Director – Regeneration and Public Protection. (Page 8)

7. NON DOMESTIC RATES REOCCUPATION RATE RELIEF SCHEME 2014/15

AND 2015/16 – Report of the Director – Finance and Procure attached. (Page 44)

8. GENERAL FUND HOUSING REVENUE ACCOUNT AND CAPITAL

PROGRAMME OUTTURN 2013/14 - Report of the Director – Finance and Procurement attached. (Page 52)

9. REC0MMENDATIONS FROM OVERVIEW AND SCRUTINY PANELS There are no items arising from the Overview and Scrutiny Panels. 10. ANY OTHER ITEMS which in the opinion of the Chair of the meeting should be considered as a matter of urgency because of special circumstances (which must be specified). 11. EXCLUSION OF THE PUBLIC AND PRESS RECOMMENDED that under section 100A(4) of the Local Government Act

1972, the public and press be excluded from the meeting during consideration of the following items, it being likely that there would be disclosure of exempt information of the description specified in paragraphs 3 and 5 of Part I of Schedule 12A to the Act.

PART II – EXEMPT ITEMS

12. LICENSING OF HACKNEY CARRIAGES (ZONING) – Report of the Director –

Regeneration and Public Protection. (Page 73) Cabinet - 2nd July, 2014

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CORPORATE PLAN AIMS AND PRIORITIES

Aim 1 - To improve the quality of life and social justice for residents so it is

much closer to that enjoyed by the rest of Warwickshire. Priority 1 - To provide a choice of housing to meet the needs of the residents of

the Borough. Priority 2 - To create a healthy, diverse and robust economy which provides

employment opportunities for local people. Priority 3 - To work in partnership to improve health and reduce health

inequalities for residents in the Borough. Priority 4 - To develop a confident, cohesive and diverse community. Aim 2 - To work in partnership to reduce the level of crime and disorder so

that the community is and feels safer. Priority 1 - Dealing with anti-social behaviour by working in partnership and

provide diversionary activities to engage with youngsters. Priority 2 - Environmental improvements and support for selective CCTV to

reduce fear of crime. Priority 3 - Use of the Council's enforcement powers to support community safety

initiatives. Aim 3 - To provide a pleasant environment for those living, working and

visiting the Borough. Priority 1 - To create a greener and cleaner environment. Priority 2 - To lead in environmental issues addressing climate change and

protection of the environment. Aim 4 - To provide quality services which represent value for money. Priority 1 - To continue to improve the performance and quality of key services. Priority 2 - To improve access arrangements for all Council services and the way

that those who use them are treated. Priority 3 - To use value for money procedures to test the way all services are

delivered.


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NUNEATON AND BEDWORTH BOROUGH COUNCIL CABINET 2nd April, 2014 A meeting of the Cabinet was held at the Town Hall, Nuneaton, on

Wednesday, 2nd April, 2014.

Present Councillor D. Harvey (Finance and Civic Affairs (Leader))

Councillor J.A. Jackson (Housing and Communities (Deputy Leader)) Councillor D. Aldington (Planning and Development) Councillor A.A. Lloyd (Central Services)

Councillor I.K. Lloyd (Arts and Leisure) Councillor R.A. Taylor (Health and Environment)

449 Minutes

RESOLVED that the minutes of the meeting held on 12th March, 2014 be approved.

450 Declarations of Interest

Councillor J.A. Jackson declared a Disclosable Pecuniary Interest in any relevant item by reason of her husband’s employment with Nuneaton and Bedworth Borough Council and the Nuneaton and Bedworth Leisure Trust, for which she has received dispensation to speak and vote on matters that do not relate specifically to his contract of employment or the unit in which he is employed. Councillor Jackson also declared an Other Interest in any relevant item by reason of her being a Member of Warwickshire County Council. Councillor A.A. Lloyd declared Other Interests in any relevant item by reason of him being the Council’s representative on the Hospice Charity and also by reason of him being a Governor of George Eliot Hospital. Councillor D. Harvey declared an Other Interest in item 12 by reason of him being a Director of Pride in Camp Hill

451 City Deal – The Establishment of a Sub-Regional Joint Committee The report of the Managing Director highlighting the Terms of Reference for the Joint Committee was considered. RESOLVED that (a) Cabinet agree the Terms of Reference for the Joint Committee as detailed at Appendix One of the report; and

Cabinet - 2nd July, 2014 4

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(b) the Council’s Scheme of Delegation for Cabinet be amended accordingly. Speaker: Councillor K.A. Kondakor

452 Nuneaton and Bedworth Borough Council and North Warwickshire Borough Council Single Person Bond Scheme Project The report of the Director – Housing and Communities seeking approval of a joint pilot project between Nuneaton and Bedworth Borough Council (NBBC) and North Warwickshire Borough Council (NWBC) to develop effective services to tackle young person’s homelessness was considered. The aim of the project is to combine and strengthen the existing work of the Boroughs to tackle single person homelessness, in particular those people who may be affected by the change to the Local Housing Allowance shared room rate (up to and including the age of 35 years). RESOLVED that (a) the expenditure of the £52,000 grant award for the establishment of the pilot Bond Assistance Scheme Project from the Prevention of Homelessness Programme funding, administered by Walsall Metropolitan Borough Council, be approved; and

(b) the pilot scheme of a Single Persons Bond Assistance Scheme Project be approved.

453 Funding of Warwickshire Safeguarding Children Board 2014/15 The report of the Director – Governance and Recreation seeking agreement to the Council’s financial contribution to the Warwickshire Safeguarding Children Board (WSCB) for the financial year 2014/15 was considered. RESOLVED that a contribution of £2,052 be approved to be provided to the WSCB for 2014/15.

454 Any Other Business (a) Pingles Athletic Stadium – New Lease and Operating

Arrangements

The report of the Director – Assets and Street Services seeking delegated authority for the Director – Assets and Street Services, in consultation with the Cabinet Member for Finance and Civic Affairs, to conclude negotiations with the Nuneaton Harriers Athletics Club and the Nuneaton Harriers Community Association, in relation to a lease and Service Level Agreement for the future operation of the Pingles Athletics Track.


- 290 - RESOLVED that delegated authority be granted to the Director – Assets and Street Services, in consultation with the Cabinet Member for Finance and Civic Affairs, to conclude negotations with the Nuneaton Harriers Athletics Club and the Nuneaton Harriers Community Association, in relation to a lease and Service Level Agreement for the future operation of the Pingles Athletics Stadium.

Speaker: Councillor K.A. Kondakor

(b) Green Deal Communities Grant Funding

The report of the Director – Housing and Communities detailing steps to enable the Council to take receipt of grant funding provided by the Department of Energy and Climate Change (DECC) and to establish the arrangements necessary for spending the money and delivery of the Green Deal Communities Programme during the 2014/15 financial year was considered. RESOLVED that (a) the grant funding be accepted from Department of Energy

and Climate Change on behalf of Nuneaton and Bedworth and North Warwickshire Borough Councils;

(b) a Preliminary Services Agreement be signed with Carillion

Energy Services to allow for the delivery of the works, sourcing of Energy Company Obligation Funding and the provision of Green Deal Assessments and Finance Plans;

(c) a budget of £200,000 be established from Section 106 funds

for interest free, low cost loans to be offered to homeowners to support the take up of this initiative if the works are not included within the remit of a green deal finance plan;

(d) a contingency fund of £20,000 be established from Section

106 funds to help manage any unexpected risks that may adversely affect delivery;

(e) the 2014/15 General Fund Capital Programme and the

relevant Prudential Indictor be increased by £2,104,502 to accommodate the spend within the financial year, financed from DECC grant funding and Section 106 monies;

(f) given the requirement to sign all agreements and

memorandums by 4th April, 2014, that these recommendation are considered as a matter or urgency, in accordance with Section 4, Part 4C of the Council’s Constitution; and


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(g) this report be marked not for call in due to the timescales required to comply with the grant conditions.

Speaker: Councillor K.A. Kondakor

455 Exclusion of the Public and Press RESOLVED that under section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items, it being likely that there would be disclosure of exempt information of the description specified in paragraphs 3 and 5 of Part 1 of Schedule 12A to the Act.

456 Camp Hill Phase 3 – Early Acquisition Scheme

The report of the Director – Finance and Procurement setting out the proposal for the early acquisition of properties in the final Phase 3 area of the Camp Hill regeneration project ahead of the current Development Agreement arrangements and updating the Capital Programme for 2014/15 to reflect the costs and financing of the proposed early acquisition scheme was considered. RESOLVED that (a) the early acquisition programme for 6 properties in Camp Hill Phase 3 be approved; (b) it be recommended to Council that the revised Capital Programme for 2014/15 be increased to £8,176m. (c) the report be marked not for call in on the grounds that the recommendations require Council approval on the 16th April, 2014.

____________________ Chair

PUBLICATION DATE - 7th April, 2014 DECISIONS COME INTO FORCE - 15th April, 2014


Agenda item: 6

CABINET

Report Summary Sheet

Summary:

This report seeks the views of Cabinet on the revised Market & Street Trading Regulations following consultation with market traders.

Recommendations:

That Cabinet considers the representations from market traders in connection with the revised Market & Street Trading Regulations as set out in Appendix 1. That delegated authority be given to the Director – Regeneration and Public Protection, in consultation with the Portfolio Holder, to finalise the wording of the Regulations to put into effect any changes decided by Cabinet

Reasons:

The success of our markets and street trading operations depend upon all traders delivering high standards of operation, covering issues such as health & safety, food hygiene, pedestrian and emergency vehicle access, visual appearance of stalls, trading practices and legal compliance. The Regulations need to be periodically reviewed and updated and this has now become due.

Options: To consider the representations from market traders In respect of the proposed Regulations. Not to consider representations from market traders the changes in respect of the proposed Regulations.

Date: 2nd July, 2014

Subject: Market and Street Trading Regulations

Portfolio:

Finance and Civic Affairs (Councillor D. Harvey)

From: Director – Regeneration and Public Protection


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Subject to call-in: Yes

Forward plan:

Yes.

Corporate priorities:

Aim 1, Priority 2

Relevant statutes or policy:

Local Government (Miscellaneous Provisions) Act 1982 Market and Fair Clauses Act 1875 Food Act 1984

Equal opportunity implications:

None

Human resources implications:

None

Financial implications:

None.

Health Inequalities Implications:

None

Risk management implications:

Some of the proposed changes to the Regulations will reduce the Council’s exposure to risk.

Environmental implications:

None

Legal implications:

None

Contact details: Ian Powell (Director – Regeneration and Public

Protection) 024 7637 6396


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AGENDA ITEM NO. 6 NUNEATON AND BEDWORTH BOROUGH COUNCIL Report to: Cabinet – 2nd July, 2014 From: Director – Regeneration and Public Protection Subject: Market and Street Trading Regulations Portfolio: Finance and Civic Affairs (Councillor D. Harvey)

1. Purpose of Report 1.1 This report seeks the views of Cabinet on the revised Market & Street Trading Regulations following consultation with market traders. 2. Recommendations 2.1 That Cabinet considers the representations from market traders in connection with the revised Market & Street Trading Regulations as set out in Appendix 1 2.2 That delegated authority be given to the Director – Regeneration and

Public Protection, in consultation with the Portfolio Holder, to finalise the wording of the Regulations to put into effect any changes decided by Cabinet

3. Background 3.1 It was resolved at the meeting of Cabinet on 12th February, 2014

that:- a) the policy to not allow ‘assignment’ of pitches for market stalls and street trading be confirmed; (b) the draft regulations at Appendix 1 of the report be amended as follows: Nuneaton Market Regulations (i) Paragraph 9.2 be amended to read: “Any trader who is more than 4 weeks in arrears will be suspended from trading until their account is brought up to date. This will be strictly enforced and there will be no appeal against this suspension.” (ii) Paragraph 16.3.1 be amended to read that the market


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management will inspect the market at any time during the trading day. (iii) Paragraphs 16.2.1 and 16.2.2 and 16.2.3 – Receipt of the 3 Penalty Notices and further Penalty Notices to read 6 months instead of 12 months and 3 months. Bedworth Market Regulations Paragraphh 13.1 (d) be amended to read: “All Stallholder/Traders’ vehicles shall be removed from the confines of the market area before 8.30 a.m. Any special circumstances shall be discussed with the market management and, if agreed, consent will be given in writing. There is no appeal against this decision.” (c) consultation on the draft regulations at Appendix 1 of the report as amended be agreed; (d) the method of consultation described in the report be agreed; and (e) a further report be received upon completion of the consultation with a view to adoption of revised regulations; and (f) in the interim period prior to adoption of the revised regulations, the existing regulations will be enforced at all times. 3.2 Traders were consulted on the draft Regulations, incorporating the

amendments made by Cabinet referred to in 3.1 above, over a 4 week period that commenced on 8th March, 2014 and ended on 5th April, 2014.

3.3 The response from traders was low with only 12 responding to the

consultation. 3.4 The representations made by market traders through the consultation

are set out in the report. 3.5 A copy of the Regulations relating to Nuneaton street market and

Bedworth indoor market are attached in Appendix 1. 3.6 Subject to Cabinet’s approval the new Regulations can be issued to

market and street traders either as consulted upon, or after amendments decided by Cabinet.

4 Consultation Responses 4.1 Regulation 1.5 – Changes to market layout, etc.


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Traders on Nuneaton street market proposed that consultation should take place with the Market Committee prior to re-siting, restricting or altering the layout of the market.

Informal consultation takes place where it is reasonable to do so for any significant changes even though it is not a requirement of the Regulations. If this was included within the Regulations they would have to make allowances for urgent situations where there is insufficient time for consultation.

4.2 Regulation 2.1 – Cancellation of Markets

These provisions enable the Council, as market operator, to cancel the market when appropriate. For example, in cases of inclement weather (e.g. snow/ice, high winds, etc.) where the health and safety of shoppers/visitors, traders and employees would be placed at risk. Traders on Nuneaton street market have made an operational suggestion that the Council does not cancel markets where wind speeds are above the operational limit of the stalls as this invalidates their Public Liability Insurance. They have suggested that in such circumstances traders be allowed to stand selling from their own vehicle or stalls without any sheeting/canopies.

This could be accommodated operationally within the terms of the Regulations as proposed, however, each individual trader’s stall would need to be assessed from a health and safety perspective.

4.3 Regulation 3.1 - Insurance

Public Liability Insurance has been set at a level of £5m which is appropriate for small retail businesses for many years, however, a small number of traders have queried this level of cover through the consultation. The National Market Traders Federation (NMTF) themselves provide this level of cover as a minimum for their members as one of the benefits of membership.

It has also been suggested that all traders operating on the markets should be members of the NMTF, however, the Council is not in a position to insist on this and such action would be illegal and anti-competitive.

4.4 Regulation 8.1 – Trader Records One trader responding to the consultation is strongly opposed to the Council keeping personal details of traders other than name, address and car/van registration number. This was raised as a concern over a breach of civil liberties and the possibility of identity theft.


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A further comment was received concerning when the information would be collected and for what purpose it would be used. The Council only collects the personal information that is required to comply with legislation. Traders details are collected and verified once a year. The information is held in accordance with the Data Protection Legislation and the Council’s Data Protection Policy. Under the National Fraud Initiative it is mandatory for the Council to provide this information to other Government agencies (i.e. Police, HMRC, etc.) for the purpose of the prevention or detection of crime. The Regulations must enable the Council to fulfil its legal obligations. 4.5 Regulation 13.2 (b), (c) & (d) - Stalls A number of comments were received from traders relating to the provision and type of back and side sheets used on Nuneaton street market. The Council only has a very limited supply of blue regulation back and side sheets which were allocated to traders over 5 years ago. As a result of “wear and tear” from regular use they are approaching the end of their life requiring temporary, patch repairs which detract from their appearance. The Regulations currently provide for traders to be able to buy their own regulation back and side sheets from the Council’s supplier to ensure they are of a similar appearance and quality. Traders have proposed that the use of clear side and back sheets, which are more widely available, should be permitted. They suggest that this would not compromise or detract from the appearance of the market but create a more open feel whilst protecting stock from inclement weather and theft.

The use of good quality, clear sheets could be beneficial to the appearance of the market giving a more open, less oppressive feel to the stalls and reducing their visual impact on the streetscene and shopfronts. If any relaxation in colour is introduced, the Regulations should retain Council control over the size, design and quality in order to ensure no deterioration in appearance of the market.

4.6 Regulation 13.2 (d) - Framework outside canopy The purpose of most overhangs/canopy extensions are to protect stock from inclement weather and/or sunshine.


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A number of traders on Nuneaton street market advised that their extensions had been agreed by the Council a number of years ago to protect stock. Further, one long standing trader on Nuneaton street market advised that after 3 years of discussion/negotiation with the Council a canopy extension was agreed in 2009 to protect stock that was being damaged. A professional canopy was installed at a cost of £500 to protects stock from rain, etc. and they should not now be made to remove it.

It is acknowledged that for some traders on Nuneaton street market the protection of their stock from inclement weather and/or sunshine is important and the removal of the protection provided by their overhangs/canopy extensions could be detrimental. If any relaxation in canopy provision is introduced, the Regulations should retain Council control over the size, design and quality in order to ensure no deterioration in appearance of the market.

4.7 Regulation 13.2 (f) - Displaying outside boundary This activity is for the purpose of enhancing the appearance of trader’s offer and should be permitted, monitored and controlled. However, some traders on Nuneaton street market have concerns that 0.5m does not allow for sufficient display or “flash”. The physical space occupied by the Nuneaton street market, and it’s impact on the operation of the Town Centre has to be considered and consequently, control over the extent of stalls is necessary. For example, routes through the market for emergency vehicles must be maintained which impacts on the space available for traders to display goods outside the market stall canopy. 4.8 Regulation 18.1 – Amendment of Regulations The draft Regulations contain a provision for the Council to change the Regulations at any time, a provision which has been carried forward from the current Regulations. Traders have commented that the Council should not be able to change the Regulations at any time and propose that changes should be subject to consultation as the outcome may affect Traders.

Consultation takes place where it is reasonable to do so for any significant changes even though it is not a requirement of the Regulations. If this was included within the Regulations they would have to make allowances for urgent situations where there is insufficient time for consultation.


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5. Right of Assignment Issue Cabinet at it’s meeting on 12th February, 2014 resolved that the Policy to not allow “assignment” of pitches for market stalls and street trading be confirmed. During the consultation with traders on the proposed Regulations a number of representations were made by long established, family businesses on Nuneaton street market expressing concern over Cabinet’s decision removing the ability for family businesses to pass on the business to other family members. It was also pointed out, that the provision for passing on/handing down a pitch to family members had been permitted by the Council for some time. A check of the Regulations issued to traders indicates that the provision to “assign” market pitches between family members had been permitted since 1992; the appropriate Regulations having been approved by Leisure & Amenities Committee on 5th February, 1992. Cabinet could consider re-instating a provision within the revised Regulations enabling the Council to re-allocate a pitch to immediate family member/s where existing Permanent Traders are retiring from, or passing on, a family business. In doing so the Council would need to put in place robust checks to ensure that the provision was not abused. In addition, there would be a requirement that there was no change to the product lines being sold from the pitch.

If Cabinet agree to the incorporation of this provision, it will also need to consider whether or not to attach an administration fee.

6. Conclusion

Whilst only a small number of traders responded to the consultation a number of issues and concerns were raised which have been considered. Cabinet is requested to consider the representations from the market traders.

Ian Powell


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APPENDIX 1

NUNEATON MARKET REGULATIONS

DEFINITION OF TERMS Throughout these regulations the following terms and expressions

have the following meanings assigned to them:- Appeals Committee – means the Committee appointed by the Council

whose function is to hear appeals against any decision made by or on behalf of the Council. A panel of 5 elected members will hear any appeal.

Authorised Officer – means any employee of the Council authorised

to discharge or undertake any duties or responsibilities with respect to the management or operation and enforcement of the Council’s markets within the Council’s Borough, including these Regulations and their interpretation.

Balance of the Market – means the criteria by which the market

management will offer a regular or casual position in the Council’s markets. It will reflect the need to provide variety and interest and so encourage and maintain the viability of the markets, and street trading opportunities, as well as providing a return for the Council.

Council – means Nuneaton and Bedworth Borough Council. Charity Stall/s – means a market stall or stalls set aside for use by

recognised charities to raise funds for their organisations by the sale of goods and where all monies raised, by the volunteers who operate the stall, are available to the charity concerned.

Director – means an appointed officer of the Council authorised by the

Managing Director. Fee – means the sum due to the Council for the right to trade at its

markets or trading operations. Managing Director – means the Managing Director of the Council or

their authorised representative. Market Liaison Meeting – means a meeting to discuss issues relating

to the operation of the market.

Markets management – means the person or persons appointed by the Council to operate the administration and day to day organisation of the market and trading operations in Nuneaton.


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National Market Traders Federation – means the National Market Traders Federation or its delegated branch officials/representatives appointed to reflect the views of its members standing on Nuneaton markets in discussions and negotiations with the Council. Penalty Notice – means the ticket issued to traders for contravention of any of the market regulations. Perishable Goods - are vegetables, fruit including fresh unshelled nuts, cheese, eggs, meat products (fresh or cooked), fish, fresh flowers, bread, cakes and other food products which by their nature must be sold in a fresh condition and are able to be sold by the trader in full conformity of all food regulations from the stalls provided by the Council Permanent Stall – is a defined regulation stall assigned to a trader for their use for that particular market or trading day defined in any offer or agreement made by the Council. Range of Goods/Services – means the scope of the number of lines which an individual trader is able to offer for sale. Each trader clearly has to identify the range of goods/service in which they wish to sell before being accepted as a casual or permanent trader Regulation Back Sheet – means a back sheet provided by the Council. Regulation Side Sheet – means a side sheet provided by the Council or one purchased form the Council’s approved supplier. Regulation Stall - means a stall provided by the Council Suspension Notice – means the notice issued in order to suspend a stallholder from trading. Waiting List – means the list of traders who have expressed a wish to trade as part of the Wednesday Street trading or Saturday market or other trading operations.


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1.0 GENERAL REGULATIONS 1.1 These Regulations apply to the Nuneaton Wednesday and Saturday

trading and other approved street trading events. 1.2 The Council will consult appointed representatives of the local branch

of the National Market Traders Federation and/or other trader representatives as necessary from time to time on the control and management of the market.

1.3 Market Liaison Meetings may be arranged and persons attending

must be an active member of the National Market Traders Federation or a current trader on the market or a representative of the market management.

1.4 Any trader may attend the Market Liaison Meeting independently but

no individual trader issues will be considered except with the prior agreement of the market management.

1.5 Nothing in these regulations shall be construed as placing an

obligation on the Council to provide a market on each day referred to in the trading consent, but it is agreed that the Council will endeavour to provide the market on the days referred to, except where prevented from doing so by circumstances beyond its control. l The Council may also, at its absolute discretion, restrict, re-site or alter the layout of the market.

1.6 Stalls shall be allocated to regular traders at a location agreed in

advance by the market management and the trader will sign the consent and receive a copy of the Market Regulations and Code of Practice, to which they must conform at all times.

1.7 Permission to trade is personal to the stallholder or trader named in

the consent. 1.8 The regular stallholder is required to give four weeks notice to the

market management in writing of the intention to cease trading. Any regular stallholder who fails to trade at the market for four successive weeks without having notified the markets management in writing shall be deemed to have given up the stall permanently. In either case, any consequential loss suffered by the Council shall be a debt recoverable from the stallholder concerned.

1.9 Regular stallholders shall inform the markets management beforehand

of their intention not to stand on any particular day.wherever possible.


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1.10 Regular stallholder shall pay to the Council an amount equal to the full day’s fee in order to preserve their right to re-occupy the stall on the next market day. 1.11 If the vacant stall is let then the first two weeks absence in any financial year will result in a full fee credit being given. Any absence thereafter will result in a fee credit payable that is equivalent to the full fee payable per stall minus a £10.00 retention fee per stall. 2.0 CANCELLATION/CONSOLIDATION OF MARKET 2.1 The Council may at times of inclement weather conditions see fit to

cancel the market in its entirety or close down certain areas of the market and consolidate stalls in a designated part of the Town Centre.

2,.2 The market management representative on site will make a decision,

as to the possibility of the market trading, or continuing to trade, on that day.

2.3 Any issues relating to the payment of fees due to cancellation will be

notified by the markets management in writing within 14 days. 3.0 INSURANCE 3.1 All traders must be covered by third party and public liability

insurance, either by membership of the National Market Traders Federation under their insurance provision, or by other arrangements. The minimum cover required is £5,000,000 per incident, and the stallholder shall demonstrate proof of insurance on the first trading day. Copies of public liability insurance certificates must be available for inspection by the Council or its representative at all times. .

3.2 Every stallholder shall accept full responsibility for, and indemnify the

Council against, all claims for personal injury, damage to property, nuisance and any other damage or expenses by whomsoever the claim is made and from whatever cause arising out of, or in connection with, the use and occupation of the site allotted to him.

3.3 All traders shall comply with all current legislation (e.g. Food Safety,

Health and Safety, etc) and be aware of the duty of care placed upon them and their responsibilities to the Council, public and any staff they may employ.

3.4 No person under the age of 18 years shall be permitted to take sole

charge of any stall or trading operations.


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4.0 ALLOCATION OF REGULAR STALLS 4.1 Stalls which become available for allocation to regular traders will be

advertised to current market traders in the first instance and information provided on request.

4.2 Any person who wishes to apply must do so in writing by the

advertised or notified closing date. 4.3 Allocation of stalls will be based upon the criteriabelow;

- The range of goods represented on the market at the time, (balance), (priority for new/unique lines),

- Length of continuous trading on the market

- Regular attendance at market.

- Regular payment of rent

5.0 TIDINESS OF MARKET 5.1 All stallholders will be responsible for ensuring the clean and tidy

appearance of the market area. In addition failure to comply with the requirement of the Environmental Protection Act 1990 may result in a Penalty Notice issued by the market management.

5.2 All traders will remove all rubbish and litter from their stall and place it

in the designated waste or recycling areas provided. Stallholders are responsible for ensuring that no litter from the stall is allowed to be deposited or blown on to public areas. Stallholders shall be responsible for their own refuse. All vegetation from, for example fruit and vegetable/flower/plant, stalls must be bagged and tied in the refuse sacks.

5.3 No stallholder shall deposit refuse from their trading operation/s in the

litterbins provided for public use. Any trader found doing so will be issued with a Penalty Notice or may be suspended from the market.

5.4 Any trader who leaves refuse/litter under or around a stall at the end of

the market day will be issued with a Penalty Notice or may be suspended from the market.


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6.0 DAMAGE TO MARKET STALLS 6.1 Each stallholder shall be responsible for any loss, breakages or

damage caused by the trader, their employee/s or assistants in or within the vicinity of the stall beyond normal wear and tear. The Council will carry out any necessary repairs or replacements to stalls damaged by traders, and traders will be charged the whole cost of any repairs or replacement. Where in the opinion of the market management the damage is intentional the trader will be suspended from the market and where appropriate criminal proceedings pursued.

6.2 No stallholder shall dismantle or remove any Council owned or

provided market stall or structure, tables, weights or lights from the trading area.

6.3 Any stallholder finding any piece of stall equipment damaged shall

report it to the markets management. 7.0 RANGE OF GOODS 7.1 No permanent stallholder shall alter the range of goods which they

offer for sale. The range of goods will be that recorded in the consent relating to the allocated stall/pitch.

7.2 Approval to change of goods to be sold from a pitch/stall will only be

given if the balance of the market is not adversely affected. 7.3 Whilst every effort will be made to avoid clashes in the range of

goods sold the Council does not give any guarantee that stallholders selling similar goods will not be adjacent to each other, or in the same vicinity.

7.4 In considering the allocation of the range of goods to be sold from

individual pitches, where reasonably practicable, consideration will be had to the use of any adjoining or nearby retailer.

8.0 TRADER RECORDS 8.1 Stallholders will be required to provide personal information to the

markets office. This will include their name, address, national insurance number, date of birth, photograph, proof of right to work, goods sold, telephone contact numbers and the proof of insurance and its expiry date. Any changes must be notified to the markets management immediately.

8.2 All information kept on file will be processed in accordance with the Council’s Data Protection Policy.


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8.3 The Council is party to a data sharing protocol with other agencies relating to the sharing of personal information for the purpose of the prevention or detection of crime.

9.0 FEES 9.1 All permanent stallholders will be issued with an invoice with an

instalment plan. The payment of fees will be made on the due date. If the stallholder fails to pay the debt recovery procedure will be invoked, which may result in the withdrawal of the right to trade on the market.

9.2 Any trader who is more than 4 weeks in arrears will be suspended

from trading until their account is brought up-to-date. This will be strictly enforced and there will be no appeal against this suspension.

10.0 APPROVED ABSENCE PROCEDURE 10.1 (a) Any permanent stallholder who is sick/ill for more than a week

may apply to the Council for a full credit. (b) Full credit will only be due on production of an original medical

certificate to the markets management following the first week’s absence.

(c) Full credit will only be given to regular stallholders who in the

opinion of the market management have a proven record of attendance and could not make alternative staffing arrangements.

10.2 Applications for maternity/paternity leave may be granted to permanent

stallholders provided formal notice in writing is received prior to the commencement of any such leave and subject to a maximum of 6 weeks. A maximum credit for up to 6 weeks will be given on each occasion.

10.3 Bereavement leave may be granted at the discretion of the markets

management up to a maximum of 2 weeks for which a full credit will be given.

11.0 CONDUCT AND BEHAVIOUR OF TRADERS 11.1 Traders should conduct themselves at all times in compliance with the

law and in a manner that:- • does not bring the markets into disrepute • impacts on the operation • is respectful to fellow traders, markets officials and members of

the public.


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11.2 Fighting, threatening behaviour, the use of foul, offensive or abusive

language, excessive shouting or noise or any other act which in the opinion of the market management is or is likely to be a nuisance or annoyance whether to members of the public, other stallholders or employees or officers of the Council is forbidden and will result in suspension and possibly cancellation of stall rights.

12.0 REGULATIONS APPERTAINING TO INDIVIDUAL STREET

TRADING OPERATIONS – NUNEATON 12.1 Consent holder means the person to whom a street trading consent

has been issued and this is not transferable. 12.2 The holder may surrender the consent at any time giving 4 weeks

notice whereupon it will cease to be valid. 12.3 The holder may only trade in the area designated on the consent or

as instructed by the markets management. 12.4 The consent holder has a responsibility to ensure that any litter that

may arise from trading operations is not deposited on adjoining areas. Where directed, the holder will provide litter/refuse bins and ensure these are placed out on trading day, and cleared and emptied on a daily basis.

12.5 The holder will use the selling apparatus particular to which he/she

indicated he/she would trade as part of the consent agreement, at all times. A holder will not extend or enhance the trading position any other way without agreement of markets management.

13.0 REGULATIONS APPLYING TO SATURDAY AND WEDNESDAY

TRADING IN NUNEATON 13.1 Open and Closing Times (a) The opening hours of Nuneaton Saturday Market operation shall

be between the hours of 08.30 hours to 17.00 hours and Wednesday Street Trading between the hours of 08.30 hours to 16.30 hours. Trading outside these hours are at the discretion of the markets management.

(b) Alterations to these times may be made by agreement with the

market management. (d) All stallholders’ vehicles will be removed from the trading areas

before 08.30 hours.


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(e) No stallholder shall bring a vehicle into the trading area until 30 minutes before the official closing time of the market. Any stallholder who has sold all of their stock can, prior to the closing time, clean up their stall area, and neatly pack away their stall and remove any items by trolley or hand.

13.2 Stalls (a) All stallholders with authorised exceptions will be provided with

Regulation Stalls. The Regulation Stalls will be provided by the Council and erected by the markets team. Up to 3 tables per Regulation Stall will be provided where required. Alternative arrangement can be made with the agreement of the market management.

(b) Regular stallholders will be provided with Regulation Back Sheets and Regulation Side Sheets (subject to availability) and will be expected to affix them to their allocated Regulation Stall.

(b) Any stallholder requiring back or side sheets may purchase and use blue Regulation Side Sheets and Regulation Side Sheets from the Council approved supplier.

(c) No other back and side sheets other than those approved by the

market management will be affixed to the stalls. (d) Stallholders will not add any framework or canopy outside the

Regulation stall canopy for the display of goods. No overhang will be allowed to any part of the Regulation stall.

(e) Stallholders will not use any form of G clamp or compression

device other than those approved by the market management to fix framework or display stands to the stall framework. Only bungee straps or cable ties will be used. The use of unauthorised G clamps and compression devices which cause damage will be classed as intentional damage.

(f) Stall holders are not permitted to allow any goods to protrude beyond the stall boundary (i.e. area covered by the stall

canopy). Good presentation of goods is encouraged, however, and a small area at the front or side of the stall may be applied

for to help enhance a stalls appearance but must be approved in writing by the market management. A maximum area of 0.5m will be allowed to the front or side (but not both) per stall and must not exceed a height of 1.2m.


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(g) All gang ways and walkways between stalls and to the front and rear of stalls must be kept clear and remain uncovered at all times.

14.0 REGULATIONS APPLYING TO CASUAL TRADERS 14.1 Stalls for use by casual traders will be allocated between 7.00am &

7.30am each trading day. 14.2 Casual traders must have their Public Liability insurance documents

available for inspection at anytime by the Markets Superintendent. 14.3 Casual traders selling perishable goods will have first priority. Casual

traders selling goods not already or only minimally represented in the market will be given second priority. Thereafter consideration will be given to those who have obtained the highest number of attendances at the market if stalls are available which can be allocated without upsetting the balance of trading activities.

14.4 Casual traders who are not allocated a stall because of the balance of

the market or because there are not sufficient empty stalls will have their attendance registered.

14.5 Any casual trader who is marked absent for four consecutive weeks

without prior notification will be removed from the attendance register. 14.6 A casual trader who refuses a stall when one is offered will be marked

absent and be put down one place on the attendance register. 14.7 Casual traders must remove their vehicles from the trading areas by

0830HRS. 14.10 Traders who have pre-registered with the market management as

bone-fide traders in perishable goods, and who meet the Council’s requirements in all other respects as to its regulations, may be allocated any known vacant stall by contacting the market management up to 3 days in advance of any particular market day.

14.11 Selection from the casual list to fill any vacancy will reflect the balance

of the market at the discretion of the market management. 14.12 At Nuneaton Market no casual trader in perishable goods who wishes

to trade using a trailer or similar device will be allowed, or if in exceptional circumstances a vacancy arises on an the existing pitch occupied by trailers, except with the prior consent of the market management


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15.0 MARKET ELECTRICAL SUPPLIES 15.1 The Council shall supply regular traders with temporary lighting to

Nuneaton Saturday Market and the Wednesday Street Trading operation all year round.

15.2 All power shall be supplied at 110V. 15.3 Each trader shall be allocated a cable for 3 lights and 3 approved

lightbulbs per stall on one occasion and only the use of this type of cable and bulb will be permitted. No other or additional form of lighting will be used on the Market except with permission granted in accordance with paragraph 15.4.

15.4 Where traders require any other electrical equipment the trader must:

• Obtain the prior written approval of the market management

• Ensure the equipment is designed to operate off a 110v supply or is connected by means of a suitably step up transformer.

• Under no circumstances will electrical appliance be connected directly to a 240v mains supply.

• Provide to the Council proof that their equipment has been checked by a qualified electrician in accordance with national safety requirements.

15.5 Any trader using unauthorised electrical equipment, including lighting,

will have that equipment disconnected and may face immediate removal from the market. If any damage is caused as a result of unauthorised connections to the power supply the trader will be responsible for the full cost of repairs.

16.0 DISCIPLINARY PROCEDURE 16.1 Reasonable effort will be made to resolve any disciplinary issues

informally where appropriate. 16.2 There are 2 levels of offences that will be dealt with differently. These

are classed as minor or serious 16.3 Minor Offences 16.3.1 Minor contraventions of the Market Regulations will result in the issue

of a Penalty Notice. The market management will inspect the market at anytime during the trading day and issue a Penalty Notice for any minor contravention of the Regulations. A Penalty Notice may be issued for a repeated offence that same day.


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16.3.2 The following scheme will operate upon issue of Penalty Notices:- 16.3.2.1 Receipt of 3 Penalty Notices within any 6 month period will

result in suspension from the market for the next 2 trading days. Rent is payable for the suspended days and there is no right of appeal against this suspension.

16.3.2.2 Receipt of a further Penalty Notice within 3 months of having

received a first suspension in 16.2.1 above, will result in the issue of suspension for the next 4 trading days. Rent is payable for the suspended days and there is a right of appeal against this suspension.

16.3.2.3 Receipt of any further Penalty Notice within 3 months of the

second suspension will result in the trader being excluded for a period to be determined by the market management. There is a right of appeal against this exclusion.

16.3.3 To exercises their right of appeal against their suspension a trader

must submit their appeal in writing within 3 working days of the receipt of the Penalty Notice. The stallholder may continue to trade until the determination of the appeal at the discretion of the market management.

16.4 Serious offences 16.4.1 Any stallholder who commits what is considered a serious offence will

be liable to immediate exclusion from all markets operated by the Council including removal of goods on display by a method to be determined by the markets management. There is a right of appeal against this exclusion

16.4.2 To exercises their right of appeal against their suspension a trader

must submit their appeal in writing within 3 working days being notified of the exclusion.

16.4.3 The stallholder shall not be able to trade until the outcome of any

appeal is notified. The following are examples of Serious Offences but the list is not exhaustive:

• Acts of dishonesty (e.g. Police enquiries against trader which

may result in legal proceedings or immediate removal). • Acts of indecency. • Any deliberate act causing or likely to cause death or personal

injury to a person. • Acts bringing the market into disrepute e.g. fighting, selling

defective goods. • Obscene and abusive language.


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• Threatening behaviour • Illegal trading e.g. no insurance cover, persistent failure to pay

rent, trading from any stall when the market is cancelled. • No trader shall be allowed to sell replica guns or offensive

weapons of any kind. • Stallholders and their employees shall not sell solvents,

cleaning fluids, lighter fuels or other such substances to persons under the age of 18.

17.0 APPEALS PROCEDURE 17.1 A stallholder may appeal in writing to the Director against any

exclusion or suspension; see Sections 16.3.3 and 16.4.2. 17.2 A hearing for any appeal should be held within 7 working days of

receipt of the appeal request. A trader may present their own case and/or be represented. The Director will give their decision verbally on the day of the hearing

where possible and will confirm their decision in writing normally with 5 working days.

17.3 The stallholder may further appeal to the Appeals Committee in

writing within 7 working days of receiving the decision letter from the Director.

17.4 The decision of the Appeals Committee shall be final and binding

except on a point of law. 17.5 Where the exclusion is for minor offences a stallholder may be

allowed to continue to trade pending the outcome of the appeal unless they withdraw their appeal.

17.6 The Council’s Appeals Committee shall give its decision, in writing, as

follows:- 17.6.1 allow the stallholder’s appeal, 17.6.2 suspend the stallholder preventing trading for a period not

exceeding 3 months or such period as was set out in the Notice of Suspension, whichever is the lesser,

17.6.3 terminate the stallholder’s right to trade on any of the

authority’s markets.


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18.0 AMENDMENT 18.1 The Council reserves the right to amend these Regulations at any

time.


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BEDWORTH MARKET REGULATIONS

DEFINITION OF TERMS Throughout these regulations the following terms and expressions

have the following meanings assigned to them:- Appeals Committee – means the Committee appointed by the Council

whose function is to hear appeals against any decision made by or on behalf of the Council. A panel of 5 elected members will hear any appeal.

Authorised Officer – means any employee of the Council authorised

to discharge or undertake any duties or responsibilities with respect to the management or operation and enforcement of the Council’s markets within the Council’s Borough, including these Regulations and their interpretation.

Authority – means Nuneaton and Bedworth Borough Council. Balance of the Market – means the criteria by which the market

management will offer a regular or casual position in the Council’s markets. It will reflect the need to provide variety and interest and so encourage and maintain the viability of the markets, and street trading opportunities, as well as providing a return for the Council.

Casual Trader – means stallholders/traders who are not Regular

Stallholders/Traders.

Charity Stall/s – means a market stall or stalls set aside for use by recognised charities to raise funds for their organisations by the sale of goods and where all monies raised, by the volunteers who operate the stall, are available to the charity concerned. Consent Holder - means the person to whom a street trading consent has been issued. Council – means Nuneaton and Bedworth Borough Council.

Director – means an appointed officer of the Council authorised by the

Managing Director. Fee – means the sum due to the Council for the right to trade at its

markets or street trading operations.

Fixed Stall – is a fixed stall within the market building assigned to a trader for their use for that particular day of trading.


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Lock-up Unit – means a lock-up unit within the market building. Managing Director – means the Managing Director of the Council or

their authorised representative. Market – means all areas within the confines of Bedworth Market

where stalls and pitches are allocated by the Council. Market Liaison Meeting – means a meeting to discuss issues relating

to the operation of the market.

Markets management – means the person or persons appointed by the Council to operate the administration and day to day organisation of the market and street trading operations in Bedworth. National Market Traders Federation – means the National Market Traders Federation or its delegated branch officials/representatives appointed to reflect the views of its members standing on Bedworth markets in discussions and negotiations with the Council. Penalty Notice – means the ticket issued to traders for contravention of any of the market regulations. Perishable Goods - are vegetables, fruit including fresh unshelled nuts, cheese, eggs, meat products (fresh or cooked), fish, fresh flowers, bread, cakes and other food products which by their nature must be sold in a fresh condition and are able to be sold by the trader in full conformity of all food regulations from the stalls provided by the Council. Pitch – the location assigned to a Regular Stallholder/Trader or Casual Trader for the purposes of trading for that particular day of trading. Range of Goods/Services – means the scope of the number of lines which an individual trader is able to offer for sale. Each trader clearly has to identify the range of goods/service in which they wish to sell before being accepted as a casual or regular trader. Regulation Side Sheet – means a side sheet provided by the Council. Regular Stallholder/Trader – means a stallholder/trader who has entered into a written agreement with the Council that includes allocation to them to trade from an identified Lock-up Unit, Regulation Stall or Pitch on a regular basis. Regulation Stall - means a stall provided by the Council whether a Fixed Stall or Temporary Stall. If a Temporary Stall is provided Regulation Side Sheets (if available) and 3 tables will be provided by the market Management for the display of goods.


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Stall – has the same meaning as Regulation Stall. Stallholder/Trader - means a Regular Stallholder/Trader or a Casual Trader. Suspension Notice – means the notice issued in order to suspend a stallholder from trading. Temporary Stall – means a Stall other than a Fixed Stall. Waiting List – means the list of Stallholder/Traders who have expressed a wish to trade as part of the Tuesday, Friday or Saturday market or other trading operations. Working Day – means any day from Monday to Friday excluding Bank Holidays and Statutory Holidays.

1.0 GENERAL REGULATIONS 1.2 These Regulations apply to the Bedworth Tuesday, Friday and

Saturday trading and other approved street trading events. 1.3 The Council will consult appointed representatives of the local branch

of the National Market Traders Federation and/or other trader representatives as necessary from time to time on the control and management of the market.

1.3 Market Liaison Meetings may be arranged and persons attending

must be an active member of the National Market Traders Federation or a current trader on the market or a representative of the market management.

1.4 Any Stallholder/Trader may attend the Market Liaison Meeting

independently but no individual Stallholder/Trader issues will be considered except with the prior agreement of the market management.

1.5 Nothing in these regulations shall be construed as placing an

obligation on the Council to provide a market on each day referred to in the trading consent, but it is agreed that the Council will endeavour to provide the market on the days referred to, except where prevented from doing so by circumstances beyond its control. The Council may also, at its absolute discretion, restrict, re-site or alter the layout of the market.

1.6 Lock-up Units, Pitches and Stalls shall be allocated to Regular

Stallholders/Traders at a location agreed in advance by the market management and the Regular Stallholder/Trader will sign an


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Agreement and receive a copy of the Market Regulations and Code of Practice, to which they must conform at all times.

1.7 Permission to trade is personal to the Regular Stallholder/Trader named in the Agreement or consent.

1.8 A Regular Stallholder/Trader is required to give four weeks notice to

the market management in writing of the intention to cease trading. Any Regular Stallholder/Trader who fails to trade at the market for four successive weeks without having notified the markets management in writing shall be deemed to have given up the Lock-up Unit, Regulation Stall or Pitch permanently. In either case, any consequential loss suffered by the Council shall be a debt recoverable from the Regular Stallholder/Trader concerned.

1.9 Regular Stallholders/Traders shall inform the markets management

beforehand wherever possible of their intention not to trade on any particular market day.

1.10 Regular Stallholders/Traders shall pay to the Council an amount

equal to the full day’s fee in order to preserve their right to re-occupy the Pitch or Regulation Stall on the next market trading day. The provisions of this clause does not apply to Lock-up units.

1.11 If the vacant Pitch or Regulation Stall of a Regular Stallholder/Trader

is let then the first two weeks absence in any financial year will result in a full fee credit being given. The provisions of this clause do not apply to lock-up units.

1.12 Any further absence thereafter by a Regular Stallholder/Trader will

result in a fee equivalent to the full fee payable per Pitch or Regulation Stall being charged. Should the vacant Pitch or Regulation Stall be allocated to a Casual Trader then a credit will be applied to the Regular Stallholder/Trader’s account equivalent to the full fee payable per Pitch or Regulation Stall minus a retention fee per Pitch or Regulation Stall. The retention fee will be determined by the Council and notified to all Regular Stallholders/Traders prior to a Stall being allocated. The provisions of this clause do not apply to lock-up units.

2.0 CANCELLATION/CONSOLIDATION OF MARKET 2.1 The Council may at times of inclement weather conditions or

unforeseen circumstances see fit to cancel the market in its entirety or close down certain areas of the market and consolidate Pitches and Regulation Stalls in a designated part of the market.

2,.2 The market management representative on site will make a decision,

as to the possibility of the market trading, or continuing to trade, on that day.


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2.3 Any issues relating to the payment of fees due to cancellation will be notified by the markets management in writing within 14 days.

3.0 INSURANCE 3.1 All Stallholders/Traders must be covered by third party and public

liability insurance, either by membership of the National Market Traders Federation under their insurance provision, or by other arrangements. The minimum cover required is £5,000,000 per incident, and the Stallholder/Trader shall demonstrate proof of insurance on the first trading day. Copies of public liability insurance certificates must be available for inspection by the Council or its representative at all times.

3.2 Every Stallholder/Trader shall accept full responsibility for, and

indemnify the Council against, all claims for personal injury, damage to property, nuisance and any other damage or expenses by whomsoever the claim is made and from whatever cause arising out of, or in connection with, the use and occupation of the Lock-up unit, Pitch or Regulation Stall allotted to them.

3.3 All Stallholders/Traders shall comply with all current legislation (e.g.

Food Safety, Health and Safety, etc) and be aware of the duty of care placed upon them and their responsibilities to the Council, public and any staff they may employ.

3.5 No person under the age of 18 years shall be permitted to take sole

charge of any stall or trading operations. 4.0 ALLOCATION OF LOCK-UP UNITS, PITCHES &STALLS 4.1 Lock-up Units, Pitches or Stalls which become available for allocation

to Regular Stallholders/Traders will be advertised to current market Stallholders/Traders in the first instance and information will be provided on request.

4.2 Any person who wishes to apply must do so in writing by the

advertised or notified closing date. 4.3 Allocation of Lock-up Units, Pitches or Stalls will be based upon the

following criteria:

- The range of goods represented on the market at the time, balance, priority for new/unique lines,

- Length of continuous trading on the market

- Regular attendance at market.

- Regular payment of fees


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5.0 TIDINESS OF MARKET 5.1 All Stallholders/Traders will be responsible for ensuring the clean and

tidy appearance of the market area. In addition failure to comply with the requirement of the Environmental Protection Act 1990 may result in a Penalty Notice issued by the market management.

5.2 All Stallholders/Traders will remove all rubbish and litter from their

trading activity and place it in the designated waste or recycling areas provided. Stallholders/Traders are responsible for ensuring that no litter from the stall is allowed to be deposited or blown on to public areas. Stallholders/Traders shall be responsible for their own refuse. All vegetation, for example from trading activities involving fruit, vegetables, flowers or plants, must be bagged and tied in the refuse sacks.

5.4 No Stallholder/Trader shall deposit refuse from their trading

operation/s in the litterbins provided for public use. Any Stallholder/Trader found doing so will be issued with a Penalty Notice or may be suspended from the market.

5.4 Any Stallholder/Trader who leaves refuse/litter under or around a

Lock-up Unit, Pitch or Regulation Stall at the end of the market day will be issued with a Penalty Notice or may be suspended from the market.

6.0 DAMAGE TO MARKET STALLS 6.1 Each Stallholder/Trader shall be responsible for any loss, breakages

or damage caused by them, their employee/s or assistants to any Lock-up unit, Regulation Stall or equipment, whether or not under their control, beyond normal wear and tear. The Council will carry out any necessary repairs or replacements to Lock-up Units, Stalls or equipment damaged by Stallholders/Traders, and Stallholders/Traders will be charged the whole cost of any repairs or replacement. Where in the opinion of the market management the damage is intentional the Stallholder/Trader will be suspended from the market and where appropriate criminal proceedings pursued.

6.2 No Stallholder/Trader shall dismantle or remove any Council owned

or provided Stall, structure, tables or equipment from the trading area. 6.3 Any Stallholder/Trader finding any piece of stall equipment damaged

shall report it to the markets management.


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7.0 RANGE OF GOODS 7.1 No Regular Stallholder/Trader shall alter the range of goods which

they offer for sale. The range of goods will be that recorded in the consent relating to the allocated Lock-up Unit, Regulation Stall or Pitch.

7.2 Approval to change of goods to be sold from a Lock-up Unit, Pitch or

Regulation Stall will only be given if the balance of the market is not adversely affected.

7.4 Whilst every effort will be made to avoid clashes in the range of

goods sold the Council does not give any guarantee that Stallholders/Traders selling similar goods will not be adjacent to each other, or in the same vicinity.

7.4 In considering the allocation of the range of goods to be sold from

individual Lock-up Units, Pitches or Regulation Stalls, where reasonably practicable, consideration will be had to the use of any adjoining or nearby retailer.

8.0 TRADER RECORDS 8.1 Stallholders/Traders will be required to provide personal information to

the market management. This will include their name, address, national insurance number, goods sold, telephone contact numbers and the proof of insurance and its expiry date. Any changes must be notified to the market management immediately.

8.2 All information kept on file will be processed in accordance with the Council’s Data Protection Policy. 8.3 The Council is party to a data sharing protocol with other agencies

relating to the sharing of personal information for the purpose of the prevention or detection of crime.

9.0 FEES 9.1 All Regular Stallholders/Traders will be issued with an invoice with an

instalment plan. The payment of fees will be made on the due date. If the Stallholder/Trader fails to pay the debt recovery procedure will be invoked, which may result in the withdrawal of the right to trade on the market.

9.2 Any Regular Stallholder/Trader who is more than 4 weeks in arrears

will be suspended from trading until their account is brought up-to-date. This will be strictly enforced and there will be no appeal against this suspension.


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10.0 APPROVED ABSENCE PROCEDURE 10.1 (a) Any Regular Stallholder/Trader who is sick/ill for more than a

week may apply to the Council for a full credit. (b) Full credit will only be due on production of an original medical

certificate to the markets management following the first week’s absence.

(c) Full credit will only be given to Regular Stallholders/Traders who

in the opinion of the market management have a proven record of attendance and could not make alternative staffing arrangements.

10.2 Applications for maternity/paternity leave may be granted to Regular

Stallholders/Traders provided formal notice in writing is received prior to the commencement of any such leave and subject to a maximum of 6 weeks. A maximum credit for up to 6 weeks will be given on each occasion.

10.4 Bereavement leave may be granted to Regular Stallholders/Traders

at the discretion of the markets management up to a maximum of 2 weeks for which a full credit will be given.

11.0 CONDUCT AND BEHAVIOUR OF TRADERS 11.3 All Stallholders/Traders should conduct themselves at all times in

compliance with the law and in a manner that:-

• does not bring the markets into disrepute • does not adversely impact on the operation of the market • is respectful to fellow Stallholders/Traders, markets officials and

members of the public. 11.4 Fighting, threatening behaviour, the use of foul, offensive or abusive

language, excessive shouting or noise or any other act which in the opinion of the market management is or is likely to be a nuisance or annoyance whether to members of the public, other stallholders or employees or officers of the Council is forbidden and will result in suspension and possibly cancellation of stall rights.

12.0 REGULATIONS APPERTAINING TO INDIVIDUAL STREET

TRADING OPERATIONS – BEDWORTH 12.1 Consent Holder means the person to whom a street trading consent

has been issued and this is not transferable.


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12.2 The Consent Holder may surrender the consent at any time giving 4 weeks notice whereupon it will cease to be valid.

12.3 The Consent Holder may only trade in the area designated on the

consent or as instructed by the markets management. 12.4 The Consent Holder has a responsibility to ensure that any litter that

may arise from trading activities is not deposited on adjoining areas. Where directed, the Consent Holder will provide litter/refuse bins and ensure these are placed out on each trading day, and cleared and emptied at the end of each trading day.

12.5 The Consent Holder will use the selling apparatus particular to which

he/she indicated he/she would trade as part of the consent agreement, at all times. A Consent Holder will not extend or enhance the trading position any other way without agreement of the market management.

13.0 REGULATIONS APPLYING TO TUESDAY, FRIDAY & SATURDAY

TRADING IN BEDWORTH 13.1 Open and Closing Times

(a) The opening hours of Bedworth Market operation shall be between the hours of:

08.30hrs to 14.00hrs -Tuesday

08.30hrs to 16.00hrs - Friday 08.30hrs to 16.00hrs - Saturday

Trading outside these hours is at the sole discretion of the markets management.

(b) Alterations to these times may be made by agreement with the

market management. (d) All Stallholder/Trader’s vehicles shall be removed from the

confines of the market before 08.30hrs. Any special circumstances shall considered by the markets management and if agreed confirmed in writing. The market management decision shall be final and there will be no right to appeal.

(e) No Stallholder/Trader shall bring a vehicle into the trading area

until 30 minutes before the official closing time of the market. (f) Any Stallholder/Trader who has sold all of their stock can, prior

to the closing time, clean up their stall area, and neatly pack away their stall and remove any items by trolley or hand.


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13.2 Stalls (a) All Stallholders/Traders with authorised exceptions will be

provided with Regulation Stalls. Arrangement can be made with the market management on the provision and use of additional tables for which an additional charge will apply.

(h) Stallholders/Traders will not use any form of G clamp or

compression device other than those approved by the market management to fix framework or display stands to the stall framework. Only bungee straps or cable ties will be used. The use of unauthorised G clamps and compression devices which cause damage will be classed as intentional damage.

(i) Stallholders/Traders are not permitted to allow any goods to

protrude beyond their stall. Good presentation of goods is encouraged however a small area at the front and side of the stall may be applied for to help enhance a stalls appearance but must be approved in writing by the market management. In such circumstances a maximum area of 0.4m in depth to the front and side , but not the rear, will be authorised where feasible per stall Further, the display of goods must not exceed the height of their stall and in any event be not more than 2m in height. If consent is given any conditions or limitations attached to the consent this will be confirmed in writing and must be adhered to at all times

(j) All gang ways and walkways within the market building between

stalls and to the front and rear of stalls must be kept clear at all times.

14.0 REGULATIONS APPLYING TO CASUAL TRADERS 14.1 Pitches and Regulation Stalls for use by Casual Traders will be

allocated between 0700hrs & 0730hrs each trading day. 14.2 Casual Traders must have their Public Liability insurance documents

available for inspection at any time by the Market Management. 14.3 Casual Traders selling perishable goods will have priority over other

Casual Traders in the allocation of Pitches or Regulation Stalls. Casual Traders selling goods not already or only minimally represented in the market will be given second priority. Thereafter consideration will be given to those who have obtained the highest number of registered attendances at the market if stalls are available which can be allocated without upsetting the balance of the market.

14.4 Casual Traders who are not allocated a stall because of the balance

of the market or because there are not sufficient empty stalls will have their attendance noted on the attendance register.


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14.5 Any Casual Trader who is marked absent for four consecutive weeks

without prior notification will be removed from the attendance register. 14.6 A Casual Trader who refuses a stall when one is offered will be

marked absent and be put down one place on the attendance register.

14.7 Casual Traders must remove their vehicles from the confines of the

market by 08.30hrs. 14.8 Casual Traders who have pre-registered with the market

management as bone-fide traders in perishable goods, and who meet the Council’s requirements in all other respects as to its regulations, may be allocated any known vacant Pitch or Regulation Stall by contacting the market management up to 3 days in advance of any particular market day.

14.9 Selection from the casual list to fill any vacancy will reflect the balance

of the market at the discretion of the market management. 14.10 At Bedworth Market no Casual Trader in perishable goods who

wishes to trade using a trailer or similar device will be allowed, except with the prior consent of the market management.

15.0 MARKET ELECTRICAL SUPPLIES 15.1 All power shall be supplied at 240V within the market building. 15.2 Where Stallholders/Traders within the market building require the use

of electrical equipment they must:

• Obtain the prior written approval of the market management.

• Ensure that electrical appliances (if permitted) shall be connected directly to a 240v mains supply.

• provide to the Council proof that their equipment has been checked by a qualified electrician in accordance with national safety requirements.

15.3 Electricity will be supplied to all Lock-up units for which the Regular

Stallholder/Trader occupying the Lock-up Unit will be re-charged. 15.4 Any Stallholder/Trader using unauthorised electrical equipment,

including lighting, will have that equipment disconnected and may face immediate removal from the market. If any damage is caused as a result of unauthorised connections to the power supply the Stallholder/Trader will be responsible for the full cost of repairs.


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16.0 DISCIPLINARY PROCEDURE 16.1 Reasonable effort will be made to resolve any disciplinary issues

informally where appropriate. 16.2 There are 2 levels of offences that will be dealt with differently. These

are classed as minor or serious. 16.3 Minor Offences 16.3.2 Minor contraventions of the Market Regulations will result in the issue

of a Penalty Notice. The market management will inspect the market at anytime during the trading day and issue a Penalty Notice for any minor contravention of the Regulations. A Penalty Notice may be issued for a repeated offence that same day.

16.3.2 The following scheme will operate upon issue of Penalty Notices:- 16.3.2.1 Receipt of 3 Penalty Notices within any 6 month period will

result in suspension from the market for the next 2 trading days. Rent is payable for the suspended days and there is no right of appeal against this suspension.

16.3.2.2 Receipt of a further Penalty Notice within 3 months of having

received a first suspension in 16.3.2.1 above, will result in the issue of suspension for the next 4 trading days. Rent is payable for the suspended days and there is a right of appeal against this suspension.

16.3.2.3 Receipt of any further Penalty Notice within 3 months of the

second suspension will result in the Stallholder/Trader being excluded for a period to be determined by the market management. There is a right of appeal against this exclusion.

16.3.3 To exercise their right of appeal against their suspension a

Stallholder/Trader must submit their appeal in writing within 3 working days of the receipt of the Penalty Notice. The Stallholder/Trader may continue to trade until the determination of the appeal at the discretion of the market management.

16.4 Serious offences 16.4.1 Any Stallholder/Trader who commits what is considered a serious

offence will be liable to immediate exclusion from all markets operated by the Council including removal of goods on display by a method to be determined by the markets management. There is a right of appeal against this exclusion.


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16.4.2 To exercise their right of appeal against their exclusion a Stallholder/Trader must submit their appeal in writing within 3 working days of being notified of the exclusion.

16.4.3 The Stallholder/Trader shall not be able to trade until the outcome of

any appeal is notified. 16.4.4 The following are examples of serious offences but the list is not

exhaustive:

• Acts of dishonesty (e.g. Police enquiries against the Stallholder/Trader which may result in legal proceedings or immediate removal).

• Acts of indecency. • Any deliberate act causing or likely to cause death or personal

injury to a person. • Acts bringing the market into disrepute e.g. fighting, selling

defective goods. • Obscene and abusive language. • Threatening behaviour. • Illegal trading e.g. no insurance cover, persistent failure to pay

rent, trading from any stall when the market is cancelled. • Persistent delay/failure to pay fees. • The sale of replica guns or offensive weapons of any kind. • The sale of solvents, cleaning fluids, lighter fuels or other such

substances to persons under the age of 18. 17.0 APPEALS PROCEDURE 17.1 A Stallholder/Trader may appeal in writing to the Director against any

exclusion or suspension where a right of appeal arises; see Sections 16.3.2.2,16.3.2.3 and 16.4.1 above.

17.2 A hearing for any appeal should be held within 7 working days of

receipt of the appeal request. A Stallholder/Trader may present their own case and/or be

represented. The Director will give their decision verbally on the day of the hearing

where possible and will confirm their decision in writing normally with 5 working days.

17.3 The Stallholder/Trader may further appeal to the Appeals Committee

in writing within 7 working days of receiving the decision letter relating to their Appeal from the Director.

17.4 The decision of the Appeals Committee shall be final and binding

except on a point of law.


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17.5 Where the suspension is for minor offences a Stallholder/Trader may

be allowed to continue to trade pending the outcome of the appeal unless they withdraw their appeal.

17.6 The Council’s Appeals Committee shall give its decision, in writing, as

follows:- 17.6.1 allow the Stallholder/Trader’s appeal, 17.6.2 suspend the Stallholder/Trader preventing trading for a

period not exceeding 3 months or such period as was set out in the Notice of Suspension, whichever is the lesser,

17.6.3 terminate the Stallholder/Trader’s right to trade on any of the

authority’s markets. 18.0 AMENDMENT 18.1 The Council reserves the right to amend these Regulations at any

time.


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Agenda item:

CABINET


Date:

2nd July 2014

Subject:

Non Domestic Rates Reoccupation Rate Relief Scheme 2014/15 and 2015/16

Portfolio:

Finance and Civic Affairs

From:

Director – Finance and Procurement

Summary:

The report sets out details of the new National Non-Domestic Rates (NNDR) Reoccupation Rate Relief Scheme and the Council’s proposed policy for awarding relief.

Recommendations: To approve the policy attached at Appendix A for awarding relief from National Non-Domestic Rates (NNDR) for certain businesses for 2014/15 and 2015/16

Reasons:

To comply with government policy announced in the Autumn Statement.

Options: To accept the policy or request changes.

Subject to call-in:

Yes

Forward plan:

No


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Aim 1 and Aim 4


Section 47, Local Government Finance Act 1988

Equal opportunity implications: None

Human resources implications:

None

Financial implications:

The government will fully reimburse local authorities by way of a S31 grant for the cost of awarding reoccupation rate relief.

Health Inequalities Implications: None

Section 17 - Crime and Disorder Implications: None

Risk management implications: The Council may be challenged if it does not have an adequate policy in place Environmental implications:

None

Legal implications:

The Council may be challenged if it does not have an adequate policy in place

Contact details: Jo Robinson Revenues and Benefits Manager Ext 6263


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AGENDA ITEM NO. NUNEATON AND BEDWORTH BOROUGH COUNCIL Report to: Cabinet – 2nd July 2014 From: Director – Finance and Procurement Subject: National Non-Domestic Rates Re-occupation relief Scheme Portfolio: Finance and Civic Affairs – Councillor D. Harvey 1. Purpose of the Report 1.1 To provide details of the National Non-Domestic Rates (NNDR) Reoccupation rate

Relief scheme announced by the government in the Autumn Statement on 5th December 2013 and present a policy to Cabinet for approval.

2. Recommendations 2.1 To approve the policy attached at Appendix A for awarding relief from National Non-

Domestic Rates (NNDR) for certain businesses for 2014/15 and 2015/16

3. Background 3.1 The Autumn Statement of 5th December 2013 announced a number of measures to

support businesses, including various reliefs from the payment of National Non Domestic Rates – also known as Business Rates. One of the measures announced was a Reoccupation Rate Relief scheme, to provide a reduction to liability for Non Domestic Rates bills by 50% where a property that was previously used for retail purposes and that has been empty for 12 months or longer becomes reoccupied.

3.2 The government is not changing legislation, instead they will reimburse local authorities

that use their discretionary relief powers, introduced in the Localism Act (under section 47 if the Local Government Finance Act 1988, as amended) to grant relief.

3.3 Ratepayers will be required to apply for reoccupation rate relief and the application form

is included as an appendix to the proposed policy. 3.4 Guidance recently issued by the Department for Communities and Local Government

(CLG) states that local authorities should have in place a policy for the award of reoccupation rate relief. The proposed policy, attached at Appendix A, has been drafted using the guidance provided by the government and confirms that the Council will look to support all businesses who meet the qualifying criteria.

4. Administration 4.1 A letter and application form will be enclosed with the rate bills of those that may qualify

advising of the new scheme and requesting that they apply in writing as required confirming that they meet the requirements of the scheme as outlined in the policy.


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5. Financial Implications 5.1 Under the Reoccupation Rate Relief scheme any additional discounts or reliefs offered

to businesses will affect local authority funding. Therefore, under the New Burdens doctrine, the government will reimburse local authorities for the cost of awarding reliefs from the Autumn Statement, so that they will be no worse off financially.

6. Conclusion 6.1 The Autumn Statement 2013 contained a number of new reliefs from payment of

business rates. Government guidance recently released states that local authorities should have a policy for the Reoccupation Rate Relief scheme.

6.2 The proposed policy is attached at Appendix A and the government will reimburse

authorities for the income foregone under this scheme. Simone Donaghy


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APPENDIX A

Nuneaton and Bedworth Borough Council

National Non-Domestic Rates

(Business Rates)

Reoccupation Rate Relief Scheme

2014-15 & 2015-16


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Introduction The government wants to encourage thriving and diverse town centres and see the number of vacant shops decrease. This relief is intended to encourage reoccupation of shops that have been empty for a long period of time and reward businesses that make this happen. Consequently the Chancellor of the Exchequer announced in the Autumn Statement on 5 December 2013 that it would provide a 50% business rates discount for 18 months for businesses moving into previously empty retail premises between 1 April 2014 and 31 March 2016. Properties that will benefit from relief Properties that will benefit from the relief will be occupied properties that:

When previously in use, were wholly or mainly used for retail purposes (see below for examples)

Were empty for 12 months or more immediately before their reoccupation Become reoccupied between 1 April 2014 and 31 March 2016 Are being used for any use (ie not just retail use) except for properties wholly or mainly

used as betting shops, payday loan shops, and pawn brokers. Retail use In relation to a premises’ previous use for the purposes of Reoccupation Relief we consider retail use to mean:

Shops (such as florists, bakers, butchers, grocers, greengrocers, jewellers, stationers, off licences, chemists, newsagents, hardware stores, supermarkets, etc)

Charity shops Opticians Post offices Furnishing shops/ display rooms (such as carpet shops, double glazing, garage doors) Car/caravan show rooms Second hard car lots Markets Petrol stations Garden centres Art galleries (where art is for sale/hire) Hair and beauty services (such as hairdressers, nail bars, beauty salons, tanning

shops, etc) Shoe repairs/ key cutting Travel agents Ticket offices e.g. for theatres Dry cleaners Launderettes PC/ TV/ domestic appliance repair Funeral directors


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Photo processing DVD/ video rentals Tool hire Car hire Financial services (e.g. banks, building societies, bureaux de change, payday loan

shops, betting shops, pawn brokers) Other services (e.g. estate agents, letting agents, employment agencies) Restaurants Takeaways Sandwich shops Coffee shops Pubs Bars

This is not an exhaustive list and each case will be considered on its merits in line with the government’s intention. There is no rateable value limit for the property in respect of either the previous or reoccupied use. Change of ratepayer The relief will run with the property rather than the ratepayer. So if a hereditament is in receipt of Reoccupation Relief and a new ratepayer becomes liable for the property they will benefit from the remaining term of the relief. Calculation of Relief Relief will be available for 18 months from the first day the property becomes occupied as long as the first day falls between 1 April 2014 and 31 March 2016, subject to the property remaining continuously occupied. The eligibility for the relief and the relief itself will be assessed and calculated on a daily basis. Under this scheme the relief available for each property is 50% of the business rates liability after any mandatory or other discretionary reliefs (other than retail relief) have been applied subject to State Aid de minimis limits (see below). State Aid State Aid law is the means by which the European Union regulates state funded support to businesses. Providing reoccupation relief to ratepayers is likely to amount to State Aid. However Retail Relief will be State Aid compliant where it is provided in accordance with the De Minimis Regulations (1407/2013) The De Minimis Regulations allow a business to receive up to €200,000 of State Aid in a three year period (consisting of the current financial year and the two previous financial years). A condition of receiving the relief will be for the recipient to immediately notify us of any potentially disqualifying conditions such as already receiving State Aid.


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REOCCUPATION RATE RELIEF APPLICATION FORM ‘De minimis’ declaration Dear [ ] BUSINESS RATES ACCOUNT NUMBER:____________________________ The value of the business rates Reoccupation Relief to be provided to [name of undertaking] by [name of local authority] is £ [ ] (Euros [ ]). This award shall comply with the EU law on State Aid on the basis that, including this award, [name of undertaking] shall not receive more than €200,000 in total of De Minimis aid within the current financial year or the previous two financial years). The De Minimis Regulations 1407/2013(as published in the Official Journal of the European Union L352 24.12.2013) can be downloaded at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:352:0001:0008:EN:PDF. If you have previously received De Minimis aid, please list If you have not previously received De Minimis aid, please mark as ‘nil’. Amount of De Minimis aid

Date of aid Organisation providing aid

Nature of aid

I confirm that: 1) I am authorised to sign on behalf of _________________[name of undertaking]; and 2) __________________[name of undertaking] shall not exceed its De Minimis threshold by accepting this Reoccupation Relief. SIGNATURE: NAME: POSITION: BUSINESS:


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Agenda item:

CABINET


Date: 2nd July 2014 Subject:

General Fund, Housing Revenue Account and Capital Programme Outturn 2013/14

Portfolio:

Finance and Civic Affairs (Councillor D. Harvey)

From: Director – Finance and Procurement Summary:

The report details the final outturn position for 2013/14 for the General Fund and Housing Revenue Account budgets and the 2013/14 Capital Programme spend and financing.

Recommendations:

The outturn position for 2013/14 for the General Fund, HRA and Capital Programmes be noted.

The earmarked reserve balances (as detailed in section 4 onwards) be approved.

That the updated General Fund and HRA Capital Programme for 2014/15 as attached at Appendix D be recommended to Council for approval.

Reasons:

The Council must achieve a balanced budget each year.

Options:

To accept the report or request further information on the outturn position


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Subject to call-in:

Yes

Forward plan:

Yes


Aim 4


The Local Government Finance Act 1992 requires a balanced budget to be achieved each year. The Statement of Accounts must be approved by 30th June each year.

Equal Opportunity Implications:

None

Human Resources Implications:

None

Financial Implications:

Included throughout the report

Health Inequalities Implications:

None

Risk Management Implications:

The Council must take a risk-based approach to setting its budget and the appropriate level of reserves

Environmental Implications:

None

Section 17 Implications: None Legal Implications:

The authority must achieve a balanced budget and the Statement of Accounts must be approved by 30th June each year.

Contact Details:

Simone Donaghy (Director – Finance and Procurement) 024 7637 6182


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AGENDA ITEM NO. NUNEATON AND BEDWORTH BOROUGH COUNCIL Report to : Cabinet – 2nd July 2014 From : Director – Finance and Procurement Subject : General Fund, Housing Revenue Account and Capital

Programme Outturn – 2013/14 Portfolio : Finance and Civic Affairs (Councillor D Harvey )

1. Purpose of Report

1.1. To present the final outturn position for 2013/14 for the General Fund and Housing Revenue Account budgets and approve the earmarked reserve balances as at 31st March 2014.

1.2. To report on the 2013/14 Capital Programme spend and sources of

financing for the General Fund and HRA.

2. Recommendations

2.1 The outturn position for 2013/14 for the General Fund, HRA and Capital Programmes be noted.

2.2 The earmarked reserve balances (as detailed in section 4 onwards) be

approved. 2.3 That the updated General Fund and HRA Capital Programme for

2014/15 as attached at Appendix D be recommended to Council for approval.

3. General Fund Outturn 2013/14 3.1 The approved General Fund budget for 2013/14 was £15.118m and

allowed for a £123k contribution to earmarked reserves. The final outturn position for 2013/14 allows for a contribution to earmarked reserves of


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£297k – an overall variance of £174k. A summary of the 2013/14 outturn is shown at Appendix A, along with a variance analysis for the year by portfolio.

3.2 Along with Portfolio budgets, we also have a number of ‘below the line

items’ which cannot be directly attributed to services. These include items such as investment income and interest payable on borrowing, and contributions to and from reserves. These are also shown in the summary at Appendix A.

3.3 The increased investment income of £72k shown in Appendix A is due to interest payable on our investments in the collapsed Icelandic bank, Landsbanki (LBI). We have now sold our investments in LBI through a competitive auction process, following legal advice and our own financial assessments, which were supported by the LGA. The proceeds of sale were paid before the end of the financial year.

3.4 During the year budgets are monitored closely and any savings that are

identified are vired away from service budgets to the Central Provisions budget. This also included a review of 2012/13 underspends to identify budgets that were no longer needed. In-year savings totalling £144k were identified during 2013/14 during these reviews and are shown in the Central Provisions line.

3.5 During 2013/14, redundancy and pension costs have been incurred in

the General Fund totalling £322k. These have arisen from the Planning for the Future exercise and as a result of the restructures that took place as part of the 2014/15 budget setting process. These costs have been absorbed by in-year savings mentioned above and shown at Appendix A. We still maintain an earmarked reserve of £400k to fund any further Planning for the Future costs.

3.6 During 2013/14 a number of grants have been received for specific

purposes – this includes New Burdens funding to help the council implement Welfare Reform changes. Some of the expenditure will occur in 2014/15 and beyond and so £120k of grants have been carried forward to be spent in future years for specific projects. These are reflected in the earmarked reserves table at Appendix B.

3.7 The Unequal Backpay Account relates to the Equal Pay claims that the

Council has outstanding as a result of the Pay Restructuring exercise that was completed in 2012. A number of claims have been settled in year.


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3.8 We received additional Revenue Support Grant during the year of £28k. This was funding that had been withheld by the Department for Communities and Local Government for a capitalisation top-slice but then was not required. This was not budgeted for and the notification came late in 2013/14.

3.9 The 2013/14 financial year was the first year of localisation of business

rates, whereby local authorities now retain a proportion of the business rates they collect in their area. 50% of total income is retained by government, and in two-tier areas 40% is retained by the Borough Council and 10% by the County Council. Previously all business rates collected had been paid over to the government for them to redistribute nationally. At the outset of the system, the government calculated each authority’s baseline business rates income and compared it to a baseline spending need. The difference between the two figures is either paid as a tariff to the government, or a top-up payment is received. This Council is a tariff authority – our business rates baseline is £12.7m but our spending need is only £3.3m – hence a tariff payment of 9.4m is payable. A proportion of any growth above the baseline is then subject to a levy payment of 50%, although as we are in a pool we are able to retain a larger proportion of any growth which is then shared across pool members.

3.10 As part of the budget setting process for 2013/14 we were required to

forecast the income that we expected to collect from business rates during the year. Business rates income can be extremely volatile, particularly due to appeals that can be lodged by businesses against the rateable value of a property (which is used to determine the business rates payable). The Valuation Office is responsible for making a decision on these appeals and local authorities have no control over the outcome. We currently have outstanding appeals amounting to over £7.5m, some going back to 2005. As this is the first year of the new system we are required to include a provision in our accounts for an estimate of the total amount of appeals that are likely to be successful. We have used a modelling tool to do this and the provision in the accounts is £1.559m (to be shared across authorities according to the proportion set out at 3.8 above).

3.11 The table overleaf shows the change in business rates income from the

forecast to the actual, after taking into account the provision for outstanding appeals:


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Forecast

£’000 Actual £’000

Total Business Rates Yield

33,067

31,643

NBBC Proportion - 40% 13,227 12,657 Less - Tariff Payment (9,448) (9,448)Less - Levy payment due (277) (143) Add - Growth from Pool 42 32 Small Business Rates Relief Grant* 343

Net Income

3,544

3,441 *additional grant received due to government decision to temporarily double Small Business Rates Relief

3.12 This shows that our business rates income did fall during the year, due

to a combination of increased appeals and empty property exemptions. However, the complex accounting treatment for business rates delays the impact of changes in income until the following financial year, which is why the Outturn Summary at Appendix A shows increased income from business rates. The real deficit for 2013/14 will be carried forward into the 2015/16 budget setting process and so the variance of £469k has been contributed to reserves to fund the deficit in 2015/16.

4. Earmarked Reserves 4.1 Earmarked reserves are held for specific purposes and transfers to and

from earmarked reserves have been made through the year. These are for both capital and revenue purposes and include the Vehicle and IT replacement reserves.

4.2 We have made additional contributions to earmarked reserves at year

end, the majority of which is the surplus on business rates as discussed at 3.12 above. We have also contributed an additional £120k for specific grants received where the expenditure will not occur until 2014/15.

4.3 As at 31st March 2014 our earmarked reserves stand at £9.6m – made

up of £6.6m for Revenue and £3m for Capital. There are reserves for specific items, such as the Insurance Fund and Planning for the Future, as well as unspent grants that are ring-fenced for a specific purpose.

4.4 We have been holding New Homes Bonus and LABGI as earmarked

reserves and these are now to be combined and split between capital reserves (as we have no further sources of funding the capital programme at present) and a Financial Planning Reserve.


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4.5 The overall level of reserves held should be linked to the likely financial risks facing the authority. The table below is taken from the 2014/15 budget report. The final column has been added to demonstrate what we are holding in reserves to manage each risk.

Risk Area Cost

Implications Mitigation Impact Likelihood Reserve Cover

Continued economic downturn affecting income streams and demand for services

Not quantifiable

Regular and effective budget monitoring to identify income shortfalls early. Sufficient reserves maintained.

High

Medium

Covered in other reserves e.g. bus rates and income targets not being achieved

Business rates income less than forecast due to higher number of appeals, empty properties and liquidations

Not quantifiable. 5% success rate on current outstanding appeals could be in the region of £2m (NBBC share would be £800k)

Business Rates Contingency Reserve created as part of 2013/14 budget. Regular monitoring of NNDR income throughout the year.

High High

Separate business rates contingency maintained

Increased take-up of Local Council Tax Support

Each 1% take up would cost the scheme approximately £60k (of which approx £8k would relate to NBBC).

LCTS reserve maintained to fund any increased take-up in year. Scheme can be reviewed before the start of each year to adjust cost.

Medium Medium

Separate LCTS contingency maintained


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Risk Area Cost

Implications Mitigation Impact Likelihood Reserve

Cover

Lower Council Tax collection rate than anticipated due to LCTS

Each 1% reduction in collection rate would reduce income collected by approximately £500k (of which £70k would relate to NBBC)

Close monitoring of collection rates throughout the year. Corporate Debt Policy has been reviewed and greater Financial Inclusion work is being carried out.

Medium High

Separate LCTS contingency maintained

Reduction in income from fees and charges

1% = £60,000 approx

Income forecasts included in the draft budget are realistic at this time. Regular and accurate budget monitoring and adequate reserves maintained.

High High

Assume 5% of 2014/15 budget - £300k

Vacancy Allowance 1% = approx £120,000

The target in the draft budget is achievable but will need to be pro-actively managed.

Medium Medium

N/A – covered in other areas

Potential costs arising from equal pay claims during 2014/15

Depends on number of claims received.

Provision has been made for estimated costs of protection and equal pay claims.

Medium Medium

Separate pay restructuring reserve held

Unbudgeted expenditure /overspend

Not quantified

Effective and accurate budgetary control to identify variances at an early stage.

Medium Medium

General contingency – 1% of gross budget -£100k


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Risk Area Cost

Implications Mitigation Impact Likelihood Reserve

Cover

Inflation higher than budgeted

Various

RPI and CPI are forecast to be stable during 2014. Draft budgets based on experience and information available and higher inflation levels have been applied to high risk areas, such as fuel.

Medium Low

Assume 1% of net budget - £150k

Achievement of savings targets

Lean Systems – various and ongoing

The areas to be reviewed have been selected using a number of criteria to ensure that the savings are realistic, but each one will need to be carefully managed.

Medium Medium

Will vary year to year- savings requirements usually exceed £1-1.5m but decisions taken earlier mitigate risk. Maintain £500k cover to allow for savings not being achieved or time lag in implementation of service changes


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Risk Area Cost

Implications Mitigation Impact Likelihood Reserve Cover

Third party working arrangements

Not quantified

There are economies and efficiencies to be gained from effective working with other agencies but there may also be financial risks.

Low Low

Covered in other contingencies above

Significant uninsured losses

Not quantified

The insurance reserve currently stands at £746k.

Low Medium

Separate insurance reserve maintained

Unforeseen emergencies e.g. bad weather

Not quantified

Mitigated by effective business continuity planning.

Low High

Covered in other contingencies above

4.6 Recent experience also tells us that it would be prudent to include a

contingency to cover Planning appeals and £250k is suggested for this. Taking into account all of the above risks, the total Financial Planning Support Reserve required is £1.3m. The amount held in reserve at end of March 2014 is £1.23m

4.7 In addition to earmarked reserves there is a general unallocated balance

that will stand at approximately £1.4m at the end of March 2014, of which £1m is our minimum working balance.

4.8 The earmarked reserve balances as at 31st March and the movements

during the year are shown at Appendix B.

5. Housing Revenue Account 2013/14

5.1 The original budget for the Housing Revenue Account for 2013/14 was a deficit of £1.2m, after allowing for debt repayment of £2.5m and revenue contributions to capital of £5.1m. The actual outturn for the year is an under spend of £5.3m although contributions have been made to specific reserves to bring the overall position in line with the original budget. An outturn summary for the HRA is given in Appendix C. The key variances for the year are given in the table overleaf.


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Expenditure £’000sGeneral Management – increased bad debt provision due to a higher level of arrears.

106

General Management – unequal pay costs settled in 2014/15. 94

Repairs and maintenance - reduced repairs costs and some savings on the electrical works which has been set aside in a specific reserve to finance service improvements in the future.

(267)

Direct Revenue Financing - There has been a significant reduction in the need to finance capital expenditure from revenue largely due to slippage with the new build and vehicle replacement programme, where expenditure will now occur in 2014/15. Some external contributions have also been received and have been used to finance capital expenditure in 2013/14, thus further reducing the need for a revenue contribution.

(5,044)

Other minor variations (net). (113)

(5,224)Income Reduced dwelling rental income due to a higher level of Right to Buy sales and voids during the year.

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Increased income from shops rents due to lower voids. (28)

Supporting people income - increased grant and cash income partly due to the movement across to block gross subsidy contracts partway through the year.

(28)

Increased income from rechargeable repairs and other recoverable charges. (27)

Unequal pay - additional provision financed in 2013/14 in respect of anticipated unequal pay claims, through a contribution to the earmarked reserve.

257

Transfers from reserves - due to slippage with the new build and capital replacement programmes, there has not been a need to transfer finance from the reserve. Instead additional contributions have been made to reserves to finance this expenditure when it occurs and to finance other service improvements in future years.

5,020

Reduced income from central heating charges, partly due to the milder winter and refunds on backdated charges

49

Other minor variations

(46)

(5,224)

Total Variance

(0)


62

5.2 As at 31st March 2014 the HRA general balance stands at £2.6m. There are also HRA earmarked reserves of £5.5m, of which £3.5m is to fund the New Build programme during 2014/15.

6. Capital Programme 2013/14 6.1 An updated General Fund Capital Programme for 2013/14 was reported

to Cabinet in February 2014 and a revised budget of £3.083m was approved. The outturn for 2013/14 is £2.716m and further details are given at Appendix D.

6.2 Of the total variance of £367k, £264k is due to slippage in projects and will be carried forward into 2014/15. This is made up of £26k for the Miners Welfare Park improvements, £41k for Vehicle replacement £197k for Disabled Facilities Grants and Empty Property Loans.

6.3 The underspend on Computer Strategy relates mainly to expenditure

incurred that cannot be capitalised and so has been charged to revenue. This has still been financed from the earmarked reserve that is used to fund IT replacement costs.

6.4 The increase in spend on Major Repairs was due to the replacement

roof at Bedworth Leisure Centre. This was tendered and the resulting costs came in higher than originally estimated.

6.5 Sources of finance for the General Fund Capital Programme are also

shown at Appendix D. Funding has largely come from Capital Receipts and Earmarked Reserves.

6.6 The approved budget for the HRA capital programme for 2013/14 was

£7.445m. The outturn for the year is £6.871m – an underspend of £574m of which £273k is slippage that will be carried forward to 2014/15.

6.7 There have been a number of variances on other projects within the

HRA capital programme during the year due to changes in demand and essential works that have been required and the programme is kept under review during the year to take into account in-year pressures. The kitchens, bathrooms, level access showers and electrical works are all delivered by the same contractor and so the profile of works has been adjusted during the year to take account of demand and need. There have also been savings generated from the re-procurement of contracts.

6.8 Full details of the HRA capital programme outturn and financing are

shown at Appendix D.


63

6.9 The Capital Programme for 2014/15 has been updated to take account of the previous year slippage and Cabinet are requested to recommend the update programme to Council for approval

7. Statement of Accounts 2013/14

7.1 The Statement of Accounts for 2013/14 must be completed by 30th June and approved by the Section 151 officer, prior to external audit during July and August. Grant Thornton will be the Council’s appointed auditor for this.

7.2 The draft accounts were completed by the middle of June, well ahead of

the deadline and the final, audited version of the accounts will then be presented to Audit Committee and Council in September.

8. Conclusion and future challenges

8.1 The 2013/14 outturn position for both the General Fund and the HRA demonstrates that a balanced and sustainable budget has been achieved and this has allowed increased contributions to reserves to be made to fund future potential risks and liabilities.

8.2 The provisional finance settlement for 2015/16 shows a reduction in funding for the General Fund of around 13% - or approximately £1.1m. Over the five years since Comprehensive Spending Review 2010 the cumulative reduction in government grant will be over £4.5m, approximately 44%. Business rates localisation continues to present significant challenges to the Council’s financial planning. The issue of backdated appeals is a significant risk to future income and a prudent level of reserves will need to be maintained to mitigate this in the medium term.

8.3 The Housing Revenue Account balances currently stand at £2.6m, plus

earmarked reserves of £5.5m. These will help support the Business Plan over the medium term, and in particular the New Build project that is now underway.

Simone Donaghy


64

APPENDIX A GENERAL FUND REVENUE SUMMARY 2013/14

CURRENT BUDGET OUTTURN VARIANCE 2013/14 2013/14 2013/14 £’000 £’000 £’000

PORTFOLIO ANALYSIS

Arts & Leisure 6,513 6,767 254

Central Services 1,043 988 (55)

Finance and Civic Affairs 1,954 2,023 69

Health & Environment 4,089 3,863 (226)

Housing 780 728 (52)

Planning & Development 817 872 55

Total Portfolio net expenditure 15,196 15,241 45

Central Provisions 677 467 (210)

Interest and Investment Income (195) (267) (72)

External Interest Paid (GF Only) 444 451 7

Depreciation and Impairment (2,607) (2,630) (23)

Government grants (inc Ctax freeze grant) (973) (999) (26)

Minimum Revenue Provision 510 506 (4)

Unequal Backpay account 0 181 181

PWLB Premiums and Discounts (GF Only) 21 21 0

Financing of Capital Expenditure 1,448 1,063 (385)

Transfers to/from Reserves 597 1,408 811

Total other items (78) 201 279

2013/14 Total Council Net Expenditure 15,118 15,442 324

Financed by:

NBBC precept (6,854) (6,855) (1)

RSG Entitlement (4,848) (4,876) (28)

NBBC share of surplus 5 5 0

Business Rates Retention (3,544) (4,013) (469)

2013/14 Total Financing available (15,241) (15,739) (498)

2013/14 Transfer From/(To) General Fund Reserves

(123) (297) (174)


65

APPENDIX A

Current Budgets 2013/14

Outturn 2013/14

Outturn Variance 2013/14

£k £k £k

Arts & Leisure 6,513 6,767 254Central Services 1,043 988 (55)Finance and Civic Affairs 1,954 2,023 69Health & Environment 4,089 3,863 (226)Housing 780 728 (52)Planning & Development 817 872 55Central Support ServicesPortfolio Total 15,196 15,241 45

PORTFOLIO SUMMARY 2013-14

£,000(favourable) / unfavourable

94

62

129

28

(17)8

(20)

(41)

(13)

(9)

(16)

2227

254

Arts & LeisureCivic Hall - Increased cost of artist fees (40th anniversary) in council promoted shows plus increased salary costs for catering and bar on casual hours and overtime. Replacement equipment is also significantly over budgetLeisure - increased consultancy costs due to complex retendering process

Variances

Newtown Centre - Increased salary & maintenance costsParks - Reduced contract worksParks - Decreased maintenance & utility costs infrastructure, except £20k overspend on water feature against current work programme

Leisure - Cost of closure of the Bedworth Leisure Centre due to essential roofing work

Leisure - increased utility costs

Pavilions - Reduced salary costs

Playground Maintenance - reduction in material and equipment expenditure

Play rangers - increased income

Environmental Projects - reduced salary costs and works spend due to staff on maternity

Cemeteries - reduced burial income and higher maintenance chargesMinor variations across portfolio

(8)

(29)

Licensing - Increased income (12)

Land Charges - Increased income from undertaking searches (13)

7(55)

Central Services

Equal Opportunities - spend on race equalities was lower than budgeted

Members expenses - Reduced members fees plus broadband & other overhead costs incurred following review of on-costs. £10k reduction of training against budget

Minor variations across portfolio


66


Variances (continued)

350

Council Tax - Increased recovery of legal fees (£136k) less increase in general costs

(122)

71

Markets - additional cost of updating the electricity supplies to the market

32

Markets - Increased salary and transport costs. 28

Town Centres - vacancy savings (10)Commercial premises and Arts Centre - increased maintenance costs

20

(81)

Civic Exchange - No spend this year (3)

(25)

Corporate Management - reduced central service overheads and reduced external audit costs

(51)

(14)

(52)

LSP Community Plan - Reduced spend on community fund projects

(8)

Performance & Improvement Plan - reduced expenditure (9)(57)

69

Finance and Civic AffairsHousing Benefit and council tax support - Lower than anticipated bad debt provision, offset against increased housing benefit payments, and reduced income from subsidy and overpayment recovery

Markets - Reduced income particularly from Bedworth market in the earlier part of the year. However, income increased following a review of the charges and all units now being occupied. Bad weather reduced the income received particularly from the Wednesday Nuneaton market.

Commercial premises - Increased rental income and reduced expenditure on NNDR as a result of more units being occupied.

Corporate Management - Reduced credit card charges compared to budget as fewer people are choosing to pay via the card payment line than through other methods like direct debit.

Corporate Communications and promotions - salary savings due to vacant post, offset against increased promotional costs

Community safety and development - salary savings due to staff working reduced hours and less expenditure currently on community group support and ward based bids


Housing - Salary savings due to vacancies (39)

Housing Advice - additional IT costs in respect of 'Homehunt' 12

Housing Options- reduction in B&B cost (61)

4

50

(18)(52)

Housing

Mobile Home Sites - slightly increased maintenance costs, but there has also currently been less income from the commission from caravan sales than in previous years, although this is largely demand led and is beyond the direct control of the council

Reduced grant fee income anticipated - this is linked to the completion of disabled facilities grants works on the capital programme



67


Variances (continued)

(64)

(11)

(10)(49)

(65)

(48)

326Economic Development - Increased salary costs 12Conservation - vacancy saving on shared service with NWBC (12)Street numbering and nameplates - increased income from fees (5)

(19)55

Development Control - Increased income from planning applications (29k). Salary savings have also occurred due to lower costs resulting from staff currently on maternity leave (9k). Reduced general expenses (10k)Development Control - Significant costs on the Hawkesbury, Galley Common and The

Car Parks - Reduced maintenance and salary costs, in addition to increased car parking income (£27k)

Bus station - Reduced maintenance costs and increased income from users

Borough Plan - savings due to staff vacancies.Borough Plan - Expenditure on the plan lower than expected

Building Control - Reduced salary and running costs, particularly on enforcement work. Increased income (53k). Reduced on costs to service (22k)

Planning & Development


45Total Variance - Unfavourable


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APPENDIX BEARMARKED RESERVES SUMMARY

Balance atNet transfers

(in)/ out Balance at

1st April 2013 31st March 2014£000 £000 £000

General Fund:Revenue Reserves

Repairs & Maintenance - Buildings (171) (5) (176)

Financial Planning Reserve (753) (478) (1,231)

Area Based Grant (235) 46 (189)

Camp Hill Urban Village Scheme (31) 15 (16)

Corporate Priorities Pool (400) - (400)

Insurance Fund (746) (49) (795)

Housing and Planning Delivery Grant (246) (3) (249)

Communities for Health (94) 15 (79)

Pay Restructuring (724) 250 (474)

LABGI (1,125) 1,125 -

Skills and Development (329) 91 (238)

Community Plan (276) - (276)

Other revenue reserves (544) (455) (999)

Unspecified Government Grants (549) (132) (681)

Business Rates Retention - (788) (788)(6,223) (368) (6,591)

Capital Reserves

Leisure Replacement (371) (28) (399)

Vehicle Replacement (650) 174 (476)

IT Replacement (291) (15) (306)

CCTV Replacement (50) (50) (100)

General Capital Investment (436) (564) (1,000)

Other Capital reserves (483) (212) (695)(2,281) (695) (2,976)

Total Reserves (8,504) (1,063) (9,567)


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Appendix C Housing Revenue Account 2013/14 Outturn

ORIGINAL BUDGET 2013/14

OUTTURN

2013/14

£’000 £’000

Balance Brought Forward 3,633 3,830

Income Dwelling Rents (22,572) (22,545)Non-dwelling rents (542) (569)Charges for services and facilities (1,488) (1,519)Supporting People Grant (823) (835)Interest Receivable (15) (24)TOTAL INCOME (25,440) (25,492) Expenditure Repairs and Maintenance 6,098 5,831General Management 3,813 3,847Special Services 3,271 3,324Direct Revenue Financing (DRF) 5,694 649Debt costs 2,177 2,177Depreciation 5,094 5,094TOTAL EXPENDITURE 26,147 20,922 Adjustments Capital Charges and other adjustments including debt repayment 2,544 2,544Major Repairs Reserve Contrib. 1,004 1,004Earmarked reserve (3,050) 2,227(SURPLUS)/DEFICIT 1,205 1,205 Balance Carried Forward 2,428 2,625


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Appendix DCAPITAL PROGRAMME SUMMARY

General Fund Approved

Budget 2013/14

Outturn 2013/14 Variance

Approved Budget 2014/15

Revised Budget 2014/15

Scheme £ £ £ £ £

Finance & Civic AffairsPurchase of Properties - Camp Hill(AWM) 50,000 101,057 51,057 10,000 10,000Camp Hill - Early Final Phase 160,000 152,213 (7,787) 525,600 525,600Abbey Street Development 2,000 2,000 19,800 19,800Purchase of Empty Properties to Lease 1,000,000 1,000,000Local Authority Mortgage Scheme 1,000,000 1,000,000Rope Walk Car Park Improvements 175,000 175,000Valley Farm Refurbishments 150,000 150,000Town Centre Improvements 30,000 30,000

Arts & LeisureOutdoor Play Strategy 163,840 161,159 (2,681)Marston Lane Cemetery Extension 13,740 13,740Pingles Gym Extension 10,410 10,406 (4)Miners Welfare Park Env Imps & Green Gym 80,000 53,932 (26,068) 26,100Nuneaton to Tamworth Sustrans Cycle Route 56,000 56,000Keresley Community Centre - New Kitchen 26,620 24,415 (2,205)Cemetery Land Eastborough Way 300,000 300,000Parks & Open Space Lighting & Security 126,000 126,000Heath Road Play Area 60,000 60,000Allotment Improvements 40,000 40,000

Central ServicesComputer Strategy 342,000 235,472 (106,528) 315,000 315,000BDUK - Superfast Broadband 28,185 28,185Major Repairs 300,000 342,997 42,997 300,000 300,000

Planning & DevelopmentLeisure Centres Pay & Display 95,550 95,546 (4)Closed Circuit Television 31,400 31,399 (1)Nuneaton Market - Replacement 30,000 30,806 806Harefield Road MSCP - Pay on Foot 80,000 80,000

Health & EnvironmentVehicle & Plant Replacement 715,000 673,638 (41,362) 800,000 841,400

Housing (General Fund)Disabled Facilities 800,000 668,252 (131,748) 800,000 931,800Empty Homes and Private Rented Sector 30,000 (30,000) 40,000 40,000Warm and Safer Homes 75,000 24,313 (50,687) 75,000 75,000LPSA2 - Empty Property Loans 75,000 10,000 (65,000) 100,000 165,000Boundary Paddock - Utility Block 50,000 50,000DECC Scheme 2,084,502 2,084,502DECC Project Contingency 20,000 20,000

OtherMiscellaneous Schemes 75,000 75,000

Total 3,082,745 2,715,530 (367,215) 8,175,902 8,440,202

Financing:Government Grants and External Contributions 881,469Capital Receipts 771,605Earmarked Reserves and Revenue Contributions 1,062,456

Total 2,715,530


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Appendix DCAPITAL PROGRAMME SUMMARY

Housing Revenue AccountApproved

Budget 2013/14

Outturn 2013/14 Variance

Approved Budget 2014/15

Revised Budget 2014/15

Scheme £ £ £ £ £

Kitchens 1,142,000 1,049,878 (92,122) 1,500,000 1,500,000Bathrooms 270,000 213,493 (56,507) 400,000 400,000Electrical Works 120,000 125,902 5,902 250,000 250,000Level Access Showers 700,000 842,020 142,020 350,000 350,000K & B Everard Court 520,000 520,200 200Aids & Adaptations 230,000 126,070 (103,930) 220,000 285,000Central Heating 670,000 595,018 (74,982) 700,000 775,000Garages 167,000 166,421 (579) 150,000 150,000Scooter Housing 77,000 75,902 (1,098) 25,000 25,000Slabs to Tarmac 63,000 72,304 9,304 80,000 80,000Lift Renewal Works 189,000 156,277 (32,723) 135,000 168,000Door Entry System 37,000 35,904 (1,096)External Doors 400,000 234,274 (165,726) 240,000 240,000District Heating Upgrade Works 6,000 6,240 240 23,000 23,000Fire Safety Upgrade Works 50,000 33,367 (16,633) 50,000 66,000PIR Electrical Works (Sheltered Housing & Communal 30,000 19,000 (11,000) 100,000 111,000Voids 300,000 246,277 (53,723) 360,000 360,000Roof Coverings (Domestic Dwellings) 446,000 446,084 84 550,000 550,000Rainwater Goods/Fascias/Soffits 290,000 268,137 (21,863) 125,000 147,000Concrete Repairs 619,000 613,140 (5,860) 460,000 460,000Environmental Works 58,000 58,028 28 100,000 100,000Hostel Refurbishments 143,000 137,010 (5,990) 6,000Communal Emergency Lighting 40,000 26,951 (13,049) 40,000 40,000Purchase of former RTBs 47,497 47,497New Build Programme 250,000 250,772 772 6,570,000 6,570,000Lexington Court - Stairs 14,012 14,012Sheltered Housing Bathrooms 110,000 101,383 (8,617) 180,000 180,000Soil Stack Renewals 40,000 13,099 (26,901) 20,000 20,000Shed Roof Renewals 25,000 5,064 (19,936) 20,000 20,000Shed Door Renewal 25,000 4,509 (20,491) 20,000 35,000Pilot Refurbishment Projects 50,000 23,642 (26,358)Bays & Cladding 66,000 71,507 5,507Roof Doors 13,000 16,195 3,195Porches 51,000 20,900 (30,100) 30,000Vehicle Replacements 1,150,000 1,150,000Roof Modifications 60,000 60,000Asset Management System 60,000 60,000Non Traditional Construction Improvement Works 700,000 700,000Magnetic Locks 30,000 30,000

Contingency 11,000 11,580 580 100,000 100,000Capital Salaries 237,000 223,183 (13,817) 380,000 380,000

Total 7,445,000 6,871,239 (573,761) 15,148,000 15,421,000

Financing:Leaseholders Contributions 122,964Major Repairs Reserve 6,098,780Revenue Contributions 649,495

Total 6,871,239


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