Decision details

Review of Crystal Peaks Market Service Charge

Decision status: Recommendations Approved

Decision:

9.1

This paper sets out a proposal to review the service charge recharged to traders at Crystal Peaks Marketplace. The Council are tenants of the Crystal Peaks market under a Lease made between Albany Courtyard Investments Limited and the Council which was commenced on 29th July 2005 (“the Superior Lease”). The Superior Lease provided that the Council’s landlord could recover a service charge from the Council for certain services that the provision of is managed by the landlord’s agent Workman LLP. Although the under leases made by the Council with market traders allows for this service charge to be recovered by the Council from the market traders there has not been an increase passed on to traders in several years. This is despite the operational cost of the market increasing substantially. There has also been increases to the Service Charge paid by Sheffield Council to Workman LLP that has never been passed on to the Traders within the Marketplace.

 

This report therefore sets-out the impact of under-recovery and proposes options in relation to service charges going forward

 

 

9.2

RESOLVED:

 

 

9.2.1

That the Waste and Street Scene Policy Committee approves an increase to the service charge currently charged to market traders of CPI+8% (an increase of 14.8%).

 

(NOTE: Councillors Sue Alston, Mike Chaplin, Tony Damms, Tim Huggan, Mark Jones, Joe Otten and Sioned-Mair Richards requested that their votes for recommendation be recorded.

 

Councillors Alexi Dimond and Maroof Raouf requested that their votes against the recommendation be recorded.)

 

 

9.2.2

That the Waste and Street Scene Policy Committee agrees a period of 12 weeks from the decision being taken to the implementation of the new service charge.

 

 

9.2.3

That the Waste and Street Scene Policy Committee agrees that a review should take place annually for officers to make proposals to the Committee for moving towards full cost recovery or if necessary, proposals will be brought to reduce the service charge.

 

 

9.3

Reasons for Decision

 

 

9.3.1

The option outlined in scenario 5 (CPI+8%) provides a reasonable increase to the service charge that enables the Council to move towards full cost recovery whilst allowing time to assess the impact of the increase on traders, given that the service charge has not been increased in a number of years.

 

 

9.3.2

The overall outcome should be a more sustainable market, maintaining its quality and service levels, and a high occupancy rate to continue the vibrant feel to the markets post pandemic.

 

 

9.4

Alternatives Considered and Rejected

 

 

9.4.1

The option to do nothing (scenario 1) has been rejected by officers due to the unsustainable nature of the increasing subsidy required on operational costs.

 

 

9.4.2

The option to move straight to full cost recovery (scenario 9) will be too much of an impact on the tenants. It’s likely to create significant cost pressures that are too large to pass straight on to customers and may increase the markets vacancy rate, which will negatively financially impact the budgets for service charges and rents. Overall, it could undermine the financial position rather than improve it.

 

 

9.4.3

Other models of recharging the service charge such as a service charge only tenancy agreement are options that require further work that has not been possible to complete in time to consider for this paper.

 

Publication date: 17/11/2023

Date of decision: 15/11/2023

Decided at meeting: 15/11/2023 - Waste & Street Scene Policy Committee

Accompanying Documents: