Blandford’s independent family brewer, Hall & Woodhouse, has made a number of pub acquisitions as part of its ongoing estate expansion, with more in the pipeline.
Hall & Woodhouse Brewery Blandford Forum Dorset
The company currently has a collection of 170 pubs that make up its managed house and Business Partner estate, stretching from Bristol to Exeter, London to Brighton. Early in 2021, Hall & Woodhouse sold a small collection of pubs in order to reinvest in assets which are better aligned to the business’ long-term strategy. Mark James, Property Director at Hall & Woodhouse, explained: “We continually look to evolve as a business by proactively managing our estate and investing in pubs of the future.
Our recent acquisitions add real quality, with many located in popular tourist locations across the south of England. These acquisitions will also significantly increase our bedroom stock. “We continue to seek out further high-quality acquisitions that complement and enhance our existing estate.”
Recent acquisitions include Masons Arms, Odcombe; Hit or Miss, Amersham; Old Ship Aground, Minehead; and The Dolphin Hotel, Bovey Tracey. The pipeline also includes further sites in Devon, Dorset and Surrey.
The new Commercial Rent (Coronavirus) Bill needs some consideration from landlords before it passes into law, expected in March, says the team at Blanchards Bailey LLP
New laws aim to restrict landlords from seizing goods on lieu of rent – shutterstock
Restrictions were put in place during the pandemic – and remain in place – to stop landlords seizing goods in lieu of rent, forfeiting leases and stopping businesses in rent arrears from being made insolvent. The government also published a voluntary code of practice encouraging landlord and tenant to work together to resolve unpaid rent arrears.
Ringfencing rent debt
The government is now hoping to pass the Commercial Rent (Coronavirus) Bill which allows for ringfencing of rent debt built up by businesses who have been forced to close during the pandemic. It establishes a binding arbitration system which will decide what happens to that ringfenced debt. The current moratorium measures will continue until the Bill has become law, which is believed to be on 25 March 2022. There is also a new code of practice for commercial property relationships following the pandemic.
The Act
The Act provides that protected rent debts (including service charges and insurance) incurred by a tenant under a business tenancy which was adversely affected by COVID (where the whole or part of the business
or premises was subject to closure requirements as a result of COVID restrictions) can be referred by either the landlord or tenant to binding arbitration to resolve disputes.
The Bill will effectively extend the existing moratorium which will run from the date that legislation comes into force until:
1. six months from the date the legislation comes into force (when the parties must apply for arbitration) with a maximum time frame of 24 months for repayment;
2. Where a party has applied for arbitration, the date the arbitration is concluded or abandoned.
In addition to the current restrictions, the Bill will prevent landlords from issuing debt proceedings whilst arbitration is available or ongoing and enable the debt covered by certain debt proceedings to be considered in arbitration.
The Code
The new code makes clear that the preservation of the tenant’s business viability should not come at the expense of the landlord’s solvency and that, where it is affordable, a tenant should aim to meet their obligations under their lease in full. However, it also states that a tenant should not have to take on more debt or restructure their business in order to pay their rent. The code provides guidance on how parties should approach negotiation with the intention that, where possible they should resolve rent disputes before the Bill comes into force. The code states that tenants will need to show landlords sufficient evidence to substantiate their need for assistance with rent.
It also states that, if settlement cannot be reached, the parties should consider mediation in this interim period. If debt proceedings are issued prior to the passing of the Act, then either party may request a stay of the proceedings and, if the claim is not stayed and judgment is obtained, any judgment debt will constitute a ring fenced debt and may be subject to the arbitration process. For further advice contact our Litigation and Disputes Resolution team on 01258 459361
Brad Hansford, Meyers Estate Agent for Shaftesbury, was awarded ‘highly commended’ for New Agency of the Year at the prestigious awards.
Brad of Meyers
From an entry list described as: “the biggest in the history of the Awards” was awarded for his and his partner Tamsin Bell’s achievements in setting up a highly successful agency during some of the most challenging times in recent history.
Brad said “it is such an honour to be highly commended for this amazing award. I joined Meyers just before the Pandemic hit, so it has been a rollercoaster ride to say the least, but despite the challenges faced, we’ve successfully built a reputation for customer-centric operations in addition to supporting local charities and businesses. I am delighted that the Meyers’ difference has been recognised in this way.”
Mark Meyer, CEO Meyers Estate Agents, said “We are so proud of Brad and Tamsin’s achievement. As franchisees they have worked diligently to ensure Meyers is always at the forefront of people’s minds when it comes to buying or selling property in the Shaftesbury area and in a short space of time have created a superb and successful agency. However, they have still made time to ‘give back’ and contribute to several local projects including: The Blackmore Vale Partnership, The Headstrong Project and the GAP project. That’s the essence of what Meyers is all about – setting the bar higher to look after customers better and support the communities that support us at the same time.”
At the Negotiator Awards Meyers Estate Agents was also awarded bronze in the Community Champion of the Year category recognising the whole team’s contribution to raising £250K for more than ten local charities as well as creating the GAP project in association with the mental health charity Dorset Mind.
The Dolphin Centre in Poole is encouraging local small businesses and start-ups to trade at its Street Market.
The Dolphin Centre Poole
Introduced in September last year, the Dolphin Centre is encouraging applications from all Dorset makers and small businesses.
Based in the main mall area of the Dolphin, stalls can be booked for initial trials with single day stall hire currently available, encouraging online businesses that may be interested in exploring physical retail. Carmen Moore, Community Manager at the Dolphin Centre, said: “The Street Market is a way for The Dolphin to champion all the wonderful makers and small businesses here on our doorstep..”
A business that has been trading at the Street Market since its inception is &gooey, owned by Andreia Sousa. Specialising in brigadieros, a traditional Brazilian truffle, Andreia has highlighted how her time trading at the market has brought invaluable experience. &gooey originally exclusively sold its products through its website, before Andreia decided to take the plunge and book a weekly trading slot at the Dolphin.
Andreia said: “Nothing is better than face-to-face contact with our customers. The Dolphin Centre offers reasonable rent and everyone was super friendly. We met so many other businesses with amazing people behind them – they’ve have been so kind to share advice and support one another, which is a beautiful thing to see.”
The Dolphin Street Market is part of a wider initiative to breathe new life into Poole’s high street.
Trading hours for the markets are from 9am-5:30pm every Saturday and Sunday, and costs start from £20 per day.If you are interested in learning more about the markets, please contact carmen@ dolphinshoppingcentre.co.uk
In the last of their series on Trusts, family lawyer Clare Sanderson runs through the key reasons making a Trust may be right for your family.
Expert help on common domestic legal issues from the team at Porter Dodson LLP. Shutterstock
A Trust is a legal structure which distinguishes between the legal and beneficial ownership of an asset. The Trustees are the legal owners whilst one or more people receive the actual benefit. Trusts have been in existence for thousands of years – however they do still play an important role in modern day life. They are still frequently created by Will, or during a person’s lifetime. Trusts can also arise automatically by law and can be created by the Courts.
Although Trusts are often associated with tax and estate planning, they do not always need to be aimed at saving tax. There are a number of situations where Trusts can be particularly important:
To provide for a child or vulnerable beneficiary Due to their age or vulnerability some beneficiaries are unable to own assets themselves and therefore the Trustees hold the assets for their benefit. A Trust protects such beneficiaries against undue influence from other people, or against the beneficiary’s own immaturity. The Trust could end at a specified date, for example when the beneficiary turns 25, which is when they then take control of the assets, but for vulnerable or disabled beneficiaries it may continue for the beneficiary’s lifetime.
Asset protection
Placing assets into certain types of trusts can protect against creditors or marriage breakdown as the assets held do not belong to any particular beneficiary. Sometimes people gift their assets into trust but include themselves as one of the beneficiaries; these are known as “Settlor Interested” trusts which can have adverse tax implications so caution should always be taken. The assets are however technically outside of their ownership and therefore out of reach of potential third party claims.
Inheritance planning
Trusts can be used to ensure that a person’s wishes regarding the distribution of their assets after death are met, particularly where there are children from a previous relationship or family tensions.
Where assets are left outright to a particular person there is the risk that they may then pass to unintended recipients, if that person remarries or became bankrupt.
A Trust allows a beneficiary to benefit from an asset but with limited control, so they are not able to dispose of it.
A Trust can be extremely important in the right circumstances, provided the document creating it is drawn up correctly. Professional advice should always be sought to ensure that the right Trust is created, and to avoid any unintended tax consequences.
If you are interested in discussing your own situation, please contact Clare Sanderson on 01823 625818 or clare. [email protected]
A local expert from Citizen’s Advice provides timely tips. This Month: energy companies going bust and ‘green scams’
Q: My New Year’s Resolution is to make my home more energy efficient, to help me save money and to help save the planet too. What steps can I take and what should I look out for?
A: Citizens Advice has found that in the South West, 65% of adults are thinking about making their 3. homes more energy efficient in the next 12 months but 36% said they have already been targeted by a ‘green scam’. Scammers have no qualms about playing on our need to do our bit for the environment, so if you’re thinking of making your home more energy efficient, take your time doing research, getting quotes and reading reviews. And as always, if it sounds too good to be true, it probably is. 4. Being scammed doesn’t just leave us out of pocket; it can leave us feeling very vulnerable, isolated and really knock our confidence. If you’ve been scammed, or are worried about how to spot a scam, our advisers are here to listen and help.
Citizens Advice in Dorset has five top tips to stay safe when making your home more energy efficient:
Do your research. Before you buy anything, check the company or website you’re using. Read reviews on different websites, ask for references, verify the company’s details using external sources, and read any terms and conditions.
Check certified schemes. When looking for a trader to use, check certified schemes that recommend traders, like TrustMark – the Government’s endorsed quality scheme. If yours is an older home or a listed property, make sure that the scheme is appropriate and that you have permission for the work to be carried out.
Get written quotes and a contract. Try to get quotes from at least three different contractors to help you decide if you’re getting a fair price. Once you’ve decided, always get a written contract before you give a contractor the go-ahead. If something goes wrong it can help get what you paid for, or at least get some of your money back.
Pay with a secure method. Credit cards offer the most protection, followed by PayPal or debit card. If you’re paying for large home improvement works, see if you can pay in stages, and avoid paying for costs up- front where possible.
Be suspicious. Scammers and rogue traders can be very smart. Take your time to make sure you’re happy with your decision – if someone pressures you or contacts you out of the blue, it’s most likely a scam.
If you’ve been scammed, talk to your bank or card company immediately if you’ve handed over any financial and sensitive information or made a payment. See Citizens Advice’s page on What to do if you’ve been scammed for more information.
To report a scam or ask for advice contact Citizens Advice consumer service. Offline scams, like telephone, post and doorstep, can be reported via the Citizens Advice consumer service or by calling 0808 223 1133. Report online scams to the dedicated Scams Action service either online or on 0808 250 5050.
Text scams can be reported to your mobile phone provider by forwarding it to 7726. You can also report the scam to Action Fraud on 0300 123 2040.
Q: I keep hearing on the radio that energy companies are going bust. I am worried about what will happen if my energy company goes bust. Will I still have gas and electricity or should I go and buy a dozen candles?
A: You’ll still have gas and electricity if your energy supplier goes out of business. There is a tried and tested safety net in place to ensure things keep running if a firm goes bust. If you can, take a meter reading, make a note of your account balance and keep hold of any bills. The gas and electricity regulator, Ofgem, will move you to a new supplier. This usually takes a few weeks. Don’t switch tariff or supplier until your account is moved to the new supplier. The Government is considering options to support customers if larger suppliers fail – but whatever happens any credit balance should be protected and you won’t lose your gas and electricity.
Are you prepared for this new year? Dorset Chamber’s CEO Ian Girling suggests a quick business re-think.
Shutterstock
I’d like to belatedly wish you a very happy and successful 2022 – and I hope that you had the opportunity for a break to relax. The Christmas period is always a good time to reflect and look at your plans for the future – to improve both your business, and the quality of your personal life. Here are 10 resolutions that you may want to consider in your business for the coming year:
1. Review your business plan. This isn’t just something you occasionally dust off for the bank manager. It should be a living relevant plan for your business giving you structure and direction. It should also include your financial forecast as well. Now is the ideal time to make sure you have direction for the year ahead.
2. Within this, it’s worth reviewing how you are embedding technology in your business. This should include your digital marketing and online presence, but also how your business is using technology to improve productivity and to better utilise resources.
3. This is a good time to review your employee policies to ensure they are legally up to date but also relevant. It’s a good idea to specifically look at your well- being and reward policies for your staff. A healthy and motivated team is the backbone of any business.
4. Plan your holidays. This may sound strange given you’ve possibly just had a break but planning a holiday provides a psychological boost; something to look forward to and work towards.
5. Be part of a business organisation or community. You’d expect me to say this, but I would recommend any business should be a part of a business organisation. You’ll find benefits for your business and importantly be part of a community of like- minded people which is a hugely important.
6. Undertake a customer survey and review what your competition are up to. Ask your customers about the value you deliver for them and also look for ways you can improve. It’s always good to have a look at your competition and see how you can strive to stay ahead. Even look at any best practice you can learn from them.
7. Look at how you can improve your work and life balance. Running a business can be stressful, and can place pressures on our time and life outside work. Take time to consider how you can improve this. It could be as simple as removing email from your phone, or making a conscious effort to leave work by a certain time each day.
8. Look at your environmental policy – do you even have one? Businesses are facing increasing pressure to do the right thing for our environment and this is something every business owner needs to be considering.
9. Learn a new skill. It’s never too late to sharpen up your business skills. There are a huge amount of courses around, many free, to help you improve your skills in business.
10. Finally, if you don’t already, get involved with a charitable cause. This is a great thing to do and encouraging your employees and even allowing time off for volunteering is hugely motivational and also develops their skills.
Nicholas Hely Hutchinson explains that art must share an artist’s emotion, and provides some sage advice for young artists trying to find their voice. Interview by Edwina Baines.
In the studio with Nicholas Hely Hutchinson image: Edwina Baines
Artist Nicholas Hely Hutchinson’s inspiration is fired during walks with his two lurchers, Olive and Martha, around the beautiful Dorset coast and countryside. His paintings are easily identifiable. He observes and sketches the changing rhythms of the seasons.
‘Little things inspire me and I try to capture those moments. Sometimes it happens when you least expect it because it touches you, because it’s poetic.
‘Before coming back to the studio, I might do a sketch to get the composition and to remember the colours. I don’t make any initial marks but use large brushes to under-paint the canvas. When this is dry, I use rags and brushes to build up the layers of paint. Slowly I move from larger to smaller brushes, I use fine sables, to create details. I want the viewer to share the same feeling I felt in that moment: a smattering of winter snow, a covering of frost, a bluebell wood in Spring – or the vulnerability of a little bird in the landscape.’
I was told I’d be bored!
Nicholas studied at St Martin’s School of Art and Bristol Polytechnic, where the emphasis was not only on technique but also on the History of Art.
This latter gave him much of the rigour for his work. At the start of his career, he was told that once he had got over the initial excitement of being a full-time artist, he would be bored by the time he got to forty. However, he told me: ‘I wake up most mornings thinking about painting. It’s constantly exciting. I haven’t got bored yet!
In his studio, Nicholas shared a painting currently underway image: Edwina Baines
‘The trouble is, I have too many ideas and not enough time to get them all down. That was one of the good things about lockdown, it did provide more time. There are always distractions – but I’m very disciplined. I treat it like a job – but not a job I don’t want to go to. It’s a bit like an itch. I want to be in the studio. I just potter along! On a good day I work all day, walk Olive and Martha the lurchers in the afternoon and then carry on until about seven.
‘You have to have the discipline and the passion – but if you want to have a family life you have to do a juggling act.’
Break the rules
Nicholas likes to have a clear idea of how his finished painting should look and he suggests that amateur artists should follow this rule. Not that he is keen on some of the established ways: “Personally I always think there aren’t rules to painting. I’ve never quite understood why these rules exist. For example, you are discouraged from using black. “Most people who are learning want to get things‘ right’ but it is more important to know what the painting should look like. I try to get the essence of the thing, a fleeting moment in time, rather than trying to paint just what is there. After a certain period of time, you will find your voice. I tend to use the same limited palette of perhaps 10 colours and I use a warm and cold version of each.’
Nicholas chatted to Edwina in his home studio, surrounded by recent worksImage: Edwina Baines
He continued: ‘A painting can create a mood with the colours you use or the thickness of the paint.
‘That’s what I find most interesting. Essentially, I’m a landscape painter – but I never feel that tells the whole story. When you look at Van Gogh, you can see his excitement about nature. It’s a passion that he gets that into the painting – and we can still see that. Or we can look at Graham Sutherland’s paintings before the War. They are dark and gloomy with a sense of foreboding. Artists can convey the way they feel about things in a painting – and the observer can sense that.’
In an Autumn Wood’ – one of Nicholas Hely Hutchinson’s digital works
Some of the paintings show a clear passion for the sea, especially when the weather is not always benign. ‘A stormy sea is such an interesting subject for a painter,’ Nicholas remarked. The exhilaration of Portland Bill often provides this drama and the different forces of nature are beautifully portrayed in some of his works.
Nicholas also showed me some digital artwork created on his iPad.
‘You can get such wonderful textures using the software. It’s such a good medium. I tend to complete some on holiday when it is easy to carry the iPad around. You can even do these paintings on the plane and you can use all the colours without the mess.
Bonfire on a Summer Night’ – one of Nicholas Hely Hutchinson’s digital works
Sometimes I turn these images into paintings. I often wonder what Turner would have made of this technology. I bet he would have loved it!’
I had the privilege of being shown the dining-room mural Nicholas painted between 1993 -1995, soon after the family had moved into their current house.
Nicholas shared his dining room mural with Edwina (accompanied by one of his lurchers)
As well as favourite local locations, it includes images of several of his pets and even the Cerne Abbas Giant. The mural covered the doors, walls and even the ceiling of the room and I’m sure would look beautiful on a candlelit evening. A real labour of love.
The prestigious Portland Gallery in London has represented Nicholas’ work for many years and another successful one-man show was held recently. A peek at the gallery’s website will convey how few of his paintings remain unsold:
It has been widely reported that the new ‘no fault divorce’ will change the landscape of getting divorced, but what does that mean? Lesley Powell of Battens Solicitors investigates.
Currently, in order to petition for divorce in England and Wales, you have to prove that your relationship has irretrievably broken down – based on a number of factors, the most common of which are adultery or unreasonable behaviour.
You must provide reasons as to what behaviour was unreasonable. In situations where couples have ‘fallen out of love’ this can cause a high degree of animosity, picking apart a relationship for reasons that are simply needed for a form. The coming changes mean that parties will now be able to make a joint application for a divorce, preventing assigning blame in a situation where there is none.
Terminology
The language around divorce is also going to change. It will no longer be a ‘petition’, but an ‘application’, and the person who applies, will be an applicant. There will also no longer be a decree nisi and a decree absolute, but instead a conditional order and a final order respectively. These language changes are done with an aim of neutralising the tone and bringing it in line with other family proceedings.
Applications
No evidence will be required for the irretrievable breakdown of the relationship, just a signed statement that the relationship has broken down. In a joint application, this will be unchallengeable, as you will have both agreed that the marriage has broken down. The ability to defend a no fault application will also be removed, and replaced with the ability to contest only on very limited grounds:
• Jurisdiction • The marriage did not exist • Fraud • Lack of procedural compliance
This allows for cases where there are true issues of law that could impact the validity of a divorce to be dealt with appropriately. Cross applying, where both parties independently apply for a divorce, will also be removed. In instances where two applications are made, the divorce will become disputed instead, as it will be assumed the parties do not agree.
Timescales
The legislation is further introducing new timelines, with a 20 week window to permit reflection after issue of proceedings and before the conditional order can be made. This allows for a chance for reconciliation, but also a chance for agreement of practical arrangements for the future. The period between the new conditional order being issued, and the ability to apply for a final order (previously the decree absolute) will remain at 6 weeks.
What Next?
Seeking legal advice on the breakdown of a relationship is always advised, especially in situations where there are children or joint property. A solicitor can highlight issues that you may not have noticed, and support you with communication between you and your partner at this difficult time.
For more information contact Lesley Powell at Battens Solicitors on 01935 846089 [email protected]
