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IPM certified workshop that focussed on: (1) Knowledge is power and (2) management, governance and communications.
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BIDs SCOTLAND CPD WORKSHOPS
• Institute of Place Management (IPM): “international body that supports those who are committed to developing, managing and making places better.”
• Benefits of IPM CPD include: • Demonstrates a commitment to the place management
industry.• Provides national and international recognition of individuals’
learning.• Receive an IPM CPD Certificate & self-assessment record that
allows you to “bank points” with IPM if you’re a member. Sign up @ http://www.placemanagement.org/
BIDS: Statistics and Optimising Growth
BIDS CPD Workshop
Wednesday 23rd November 2011
Steve Halsall, Partner
Simon Power, Managing Consultant
www.caci.co.uk
Agenda
Introduction
Data sources
Consumer research
Analytical methods Benchmarking Modelling Visualisation
Conclusions
4
Owned by CACI Inc ($3.6bn)
Over 30 years providing targeted marketing solutions based on customer and market analysis
The first and largest market analysis business in UK
Turnover FY11 £74m
Growing & acquiring companies
Who are CACI?
6
DataData interrogators not data collectorsHuge depth and breadth of dataData integrity and quality of paramount importance
SoftwareUnique market analysis tools: InSite, Impact ModelerDesigned specifically for market analysis and scenario planningUsed internally by CACI consultants
ConsultancyEurope’s largest independent location planning teamAutomotive, Retail, Finance and Public Sector & Commercial Property
CACI: 3 Key Strengths
Location Planning Clients
9Copyright 2011 CACI Limited
The Role of CACI Strategy & Analytics
10
Statistics to Optimise Growth
BIDS: Role of Statistics in Optimising Growth
Strategic planning Vision for the BID (and role in local hierarchy) Business mix Target occupiers
Performance Monitoring Position relative to strategic plan Customer perceptions Vacant properties
Tactical marketing Consumers Occupiers
Provide an evidence base for on-going funding
11
12
Data Sources
Retail Footprint 2011
Retail Footprint is a gravity model that replicates the pattern of shopper behaviour to identify how centres perform.
It is a gravity model that defines catchments for shopping centres selling Comparison Goods in Great Britain.
The gravity model approach replicates the decision-making process consumers use when they shop.
Retail Footprint calculates comparison expenditure and shopper populations for each centre based on the principles that:
People are more likely to visit larger, more attractive centres.People are more likely to visit centres that are easily accessible to them (based on a combination of distance and drive-time).
Using the location of survey respondents the performance of a centre can be analysed by comparing the distribution of actual customers with that predicted by the gravity model.
This is a valuable tool in identifying areas to target for marketing in the future.
Gravity Methodology
14
Residential Zone 1
Residential Zone 2
£100
£50060% - £300
10% - £10£310
90% - £90Retail Centre A
Score: 50Score: 25
Retail Centre B
Score: 100
£29040% - £200
1. Centre attractiveness
2. Centre type
3. Demand
4. Competing centres
5. Distance to Centre
Stirling: Current Status
Stirling is currently classed as an ‘Average Centre’ in Retail Footprint 2011, which forms part of the ‘Major Centres’ category. It currently has a Retail Footprint (RF) score of 847.
Major Centres are large ‘traditional’ High Street centres located in the middle of either large towns or ‘secondary’ regional cities.
These are the second tier in the regional shopping hierarchy, in terms of both the number of Comparison Goods outlets and shopper numbers.
Major Centres have an average Retail Footprint attractiveness score of 789 and a catchment market share of 9.6%. 106 retail centres are classified as Major Centres and average comparison goods expenditure is £256 million.
‘Average Centres’ are typically mass-market in profile, displaying some element of all three retail offer types. These centres display neither a premium nor value retail provision bias, though there is usually more of the latter present.
Average retail centres include such locations as Stirling, Doncaster and Hemel Hempstead.
Stirling: 2011 Catchment
Source: CACI Retail Footprint and InSite
* Total = Primary, Secondary, Tertiary & Quaternary* Core = Primary & Secondary
Total Residential Expenditure: £1,470.4mMarket Potential: £225.0mMarket Share (Total*): 15.3%Market Share (Core*): 65.0%
Stirling: 2011 Market Shares
Source: CACI Retail Footprint and InSite
Source: CACI Retail Footprint
Stirling: Current Catchment SummaryCurrent market potential of £225 million per annum
Catchment TotalPopulation
Total Comparison Goods Expenditure
(£m)
Shopper Population
Comparison Goods Market Potential
(£m)
Market Share (%)
Primary 57,075 £151.1 43,213 £114.3 75.6%
Secondary 41,708 £109.3 20,849 £55.0 50.4%
Core Catchment 98,783 £260.4 64,061 £169.3 65.0%
Tertiary 73,855 £184.8 13,733 £33.9 18.3%
Quaternary 394,201 £1,025.2 8,306 £21.8 2.1%
Total Catchment 566,839 £1,470.4 86,100 £225.0 15.3%
Source: CACI Retail Footprint
Stirling: Category ExpenditureTotal market potential of £450.1 million per annum
CategoryExpenditure per
Annum (£m)
Annual Household Spend (£)
Household Spend Index v
UK Scotland
Clothing & Footwear £66.3 £1,753.5 106 104House & Home £8.7 £230.7 97 106Leisure Goods £45.3 £1,197.8 109 104Personal Goods £12.7 £335.6 108 106Personal Care £24.6 £650.0 94 104Durable Goods £67.4 £1,781.6 103 106Comparison Goods £225.0 £5,949.1 104 105Convenience £173.5 £4,587.4 101 103Catering £51.7 £1,365.8 101 105Total Retail Spend £450.1 £11,902.3 103 104
Source: CACI Retail Footprint
Stirling: Retail Category Mix
Retail CategoryCount of Retailers
% of Retailers
% of Retailers - Index vs Scotland
% of Retail Footprint
Score
% of RF Score - Index vs Scotland
Clothing & Footwear 83 25.1% 153 44.3% 146
House & Home 4 1.2% 63 2.7% 104
Leisure Goods 38 11.5% 159 23.0% 148
Personal Goods 34 10.3% 136 12.7% 147
Personal Care 51 15.4% 97 8.0% 64
Durable Goods 19 5.7% 59 4.3% 26
Convenience 29 8.8% 61 4.2% 36
Catering 73 22.1% 82 0.7% 43
Grand Total 331 100.0% 100 100.0% 100
Source: CACI Retail Footprint
Stirling: Leakage to Competing Centres
Retail Footprint Centre Retail Footprint ClassRF
ScoreDistance (Miles)
Market Share (Core)
Market Share (Total)
Glasgow National Centres 3,374 21.6 7.9% 19.2%Falkirk Average Centres 753 10.0 2.9% 15.5%Stirling Average Centres 847 0.0 65.0% 15.3%Falkirk - Central RP Major Shopping Parks 239 9.9 1.6% 6.0%Edinburgh Principal Centres 2,495 30.8 0.3% 4.8%Dunfermline Average Regional Towns 497 18.7 0.1% 4.0%Cumbernauld Value Metropolitan Towns 393 12.0 0.3% 3.5%Stirling - Springkerse RP Large Retail Parks with Fashion 210 1.0 12.1% 3.1%Livingston Designer Outlet Major FOCs Mass Market 220 23.0 0.0% 2.3%Tillicoultry - Sterling Mills Medium Sized FOCs 66 7.8 3.0% 2.1%Livingston Mall- Dominated Town Centres 507 23.0 No Core 2.0%Alloa Average Local Centres 181 5.6 3.7% 1.7%Glasgow - The Fort SP Super Parks 339 18.7 0.3% 1.5%Edinburgh - Gyle Centre Average Purpose Built District Centres 358 27.1 No Core 1.3%Airdrie Average Metropolitan Towns 201 17.5 No Core 1.0%Perth Quality Regional Towns 780 27.4 0.1% 1.0%Bathgate Average Local Centres 107 18.8 No Core 1.0%Silverburn Urban Regional Malls 581 25.8 0.2% 0.9%Crieff Rural Centres 53 18.0 No Core 0.9%Glasgow - Braehead SC Urban Regional Malls 671 23.6 0.3% 0.8%Coatbridge - Faraday RP Large Retail Parks with Fashion 177 18.3 No Core 0.6%Dunfermline - Halbeath RP Retail Parks Minority Fashion 92 20.5 No Core 0.5%Perth - St Catherines RP Large Retail Parks with Fashion 206 27.2 0.1% 0.5%Linlithgow - Stockbridge RP Retail Parks Minority Fashion 44 15.6 No Core 0.5%Callander Very Small Urban Centres 29 13.9 0.1% 0.5%
Source: CACI Retail Footprint
Market Position
Premium Mass Value
Stirling 7.9 66.7 25.4
Glasgow 30.6 52.5 16.9
Falkirk 2.8 66.4 30.8
Falkirk- Central RP 0.0 66.9 33.1
Edinburgh 40.8 50.0 9.2
Dunfermline 3.7 60.7 35.6
Competing Centres Average
15.6 59.3 25.1
Stirling Index 50.6 112.5 101.1
Source: CACI Retail Footprint
Stirling: UK RF RankingStirling currently ranked 138th in the UK
Rank Centre Name RF Minor ClassRF
Score
Comparison Goods Market Potential (£m)
129 Warrington Average Centres 841 £241.8
130 Batley - Birstall Shopping Park Major Shopping Parks 509 £240.6
131 Chesterfield Lower Average Centres 805 £237.4
132 Cheshire Oaks - McArthurGlen Outlet CentreMajor FOCs Premium Brands 300 £232.9
133 Falkirk Average Centres 753 £232.0
134 Cheapside Quality London Non- Residential Centres 613 £229.2
135 King's Lynn Lower Average Centres 825 £228.4
136 Truro Quality Regional Towns 857 £228.2
137 Enfield Average Conurbation Towns 638 £225.2
138 Stirling Average Centres 847 £225.0
139 Stockton- on- Tees - Teesside Shopping ParkSuper Parks 424 £224.3
140 Uxbridge Average Conurbation Towns 921 £223.0
141 Inverness Average Centres 820 £221.8
142 Cambridge - Grafton Centre Average Purpose Built District Centres 490 £221.7
143 Street - Clarks Village Outlet Centre Major FOCs Premium Brands 141 £221.5
144 Ashton- under- Lyne Average Conurbation Towns 729 £220.6
145 Hastings Average Centres 574 £220.5
146 Freeport Braintree Outlet Centre Major FOCs Premium Brands 155 £219.4
147 Banbury Average Centres 815 £219.3
148 St Helens Average Centres 780 £218.7
Source: CACI Retail Footprint
Stirling: Scotland RF RankingStirling currently ranked 8th in Scotland
Rank Centre Name RF Minor ClassRF
Score
Comparison Goods Market Potential (£m)
1 Glasgow National Centres 3,374 £2,471.0
2 Edinburgh Principal Centres 2,495 £1,088.8
3 Aberdeen Principal Centres 1,750 £804.7
4 Dundee Average Regional Centres 1,129 £415.1
5 Glasgow - Braehead Shopping Centre Urban Regional Malls 671 £363.3
6 Silverburn Urban Regional Malls 581 £357.8
7 Falkirk Average Centres 753 £232.0
8 Stirling Average Centres 847 £225.0
9 Inverness Average Centres 820 £221.8
10 Edinburgh - Fort Kinnaird Retail Park Super Parks 507 £184.6
11 Perth Quality Regional Towns 780 £176.7
12 East Kilbride Mall- Dominated Town Centres 730 £173.2
13 Livingston Mall- Dominated Town Centres 507 £148.8
14 Ayr Average Regional Towns 786 £147.6
15 Dunfermline Average Regional Towns 497 £145.0
16 Loanhead - Pentland Retail Park Major Shopping Parks 423 £137.5
17 Kirkcaldy Average Regional Towns 556 £135.4
18 Livingston Designer Outlet Major FOCs Mass Market 220 £131.3
19 Edinburgh - Gyle Centre Average Purpose Built District Centres 358 £129.1
20 Glasgow - The Fort Shopping Park Super Parks 339 £120.6
ACORN combines geography with demographics and lifestyle information, grouping the entire population into 5 categories, 17 groups and 56 types.
By analysing significant social factors and consumer behaviour, it provides precise information and an in-depth understanding of the different types of consumers in every part of the country.
ACORN can be used proactively as part of a shopper-focused tenant mix strategy, to facilitate ongoing asset management, for effective catchment zoning and ‘battleground’ analysis, and to drive marketing and shopper communication strategy.
ACORN consumer classification
Stirling: Current Catchment ACORN Profile
Source: ACORN and Retail Footprint
Wealthy Achievers
Urban Prosperity
Comfortably Off
Moderate Means
Hard-Pressed
We
alt
hy
Ex
ecu
tiv
es
Affl
ue
nt
Gre
ys
Flo
uri
shin
g F
am
ilie
s
Pro
spe
rou
s P
rofe
ssio
na
ls
Ed
uca
ted
Urb
an
ite
s
Asp
irin
g S
ing
les
Sta
rtin
g O
ut
Se
cure
Fa
mili
es
Se
ttle
d S
ub
urb
ia
Pru
de
nt
Pe
nsi
on
ers
Asi
an
Co
mm
un
itie
s
Po
st In
du
stri
al F
am
ilie
s
Blu
e-c
olla
r R
oo
ts
Str
ug
glin
g F
am
ilie
s
Bu
rde
ne
d S
ing
les
Hig
h R
ise
Ha
rdsh
ip
Inn
er
Cit
y A
dv
ers
ity
-5%
0%
5%
10%
15%
20%
Stirling UK Average Scotland Average
Av
era
ge
Re
tail
Sp
en
d (
£)
Group A: Wealthy Executives
Some of the most affluent people in the UK
Large, 4+ bedroom detached houses, many owned outright
Up-market brand preferences, high spends on home & recreation
Consumers with the money and space to enjoy very comfortable lifestyles
Distribution Map Key Retail Brands Demographic Data
8.1% 9.0%
Key Features
Top Retail Centres (%) Guildford Tunbridge Wells High Wycombe Bicester Village Reading
£49,400
Category
A: Wealthy Achievers
B: Affluent Greys
C: Flourishing Families
Wealthy Achievers
Urban Prosperity
Comfortably Off
Moderate Means
Hard-Pressed
Retail ACORN
Group N: Struggling Families
Low income families living on traditional low-rise estates
Some have bought council houses; most continue to rent
Money is tight; shopping focuses on cheaper stores & catalogues
Visiting the pub, betting and bingo are common activities
These families are disadvantaged due to educational underachievement and consequent lack of opportunity
Distribution Map Key Retail Brands Demographic Data
12.0% 12.8%
Key Features
Top Retail Centres (%) Sunderland Wolverhampton Doncaster Dudley - Merry Hill Meadowhall
£25,100
Category
N: Struggling Families
O: Burdened Singles
P: High-Rise Hardship
Q: Inner City Adversity
Wealthy Achievers
Urban Prosperity
Comfortably Off
Moderate Means
Hard-Pressed
Retail ACORN
29
Consumer Research
30Copyright 2011 CACI Limited
Traditional Consumer Research Method
Time needed for collation/checking
Loss/damage of completed surveys
Hit rates compromised
Non adaptive
31Copyright 2011 CACI Limited
Tablets provide a flexible platform for collection
32Copyright 2011 CACI Limited
Collaboration with
/ 3G
Data Collection
Secure Server
Instant Statistics
Further Analysis and Reporting
33Copyright 2011 CACI Limited
Key Benefits
Attractive and professional
Real time data monitoring
Hot swap questions
New question types
Instant statistics
Interactive collection (age and income)
Centre Audit
34
Department Stores 20,544 26.0% 17.1%Variety Stores 7,020 8.9% 5.8%Clothing & Accessories 34,458 43.6% 28.6%Leisure Goods 7,186 9.1% 6.0%Household Goods 3,047 3.9% 2.5%Health & Beauty 3,704 4.7% 3.1%Electrical Goods 3,098 3.9% 2.6%Retail Centre Goods Sub-Total 79,056 100.0% 65.7%Catering 9,495 7.9%Markets 6,222 5.2%Supermarkets 3,144 2.6%Convenience 588 0.5%Other Sales of Goods* 1,034 0.9%Banks and Building Societies 2,075 1.7%Other Services* * 4,030 3.3%Amusements/Betting Shops 1,263 1.0%Non RCG Sub-Total 27,851 23.1%Non-Vacant Sub-Total 106,907 88.8%Vacant 13,501 11.2%Grand Total 120,408
% of TotalRetail / Service Provider Category
Net Sq. M % of RCG
Customer Profiling
Wealthy Executives
Affluent Greys
Flourishing Families
Prosperous Professionals
Educated UrbanitesAspiring Singles
Starting Out
Secure Families
Settled Suburbia
Prudent Pensioners
Asian Communities
Post I ndustrial Families
Blue-collar Roots
Struggling Families
Burdened Singles
High Rise Hardship
I nner City Adversity
0
50
100
150
200
0% 2% 4% 6% 8% 10%
Survey Profile
Cat
chm
ent
Profi
le
Identifying target visitorsOpportunity groups include Educated Urbanites, Aspiring Singles and Secure Families
Source: ACORN, Survey Data & CACI Analysis
Niche Groups
Low High
Low
HighCore Groups
Opportunity GroupsNon Core Groups
Survey Analysis: Average spend by ACORN Group
($)
38
Analytical Methods - Benchmarking
www.caci.co.uk
Page 39 © CACI Ltd, 2010CCI | Commercial in Confidence
Scotland Benchmarking: Market Size & ACORN Profile
CACI have benchmarked Falkirk using the 310,000ft² extension development scenario against existing Retail Footprint centres. Market potential (size/scale) and ACORN Group profile (similar demographics and lifestyle) are used to identify analogues. The benchmarks can be used in order to identify opportunities for Falkirk’s retail offer.
A correlation coefficient of 0.75 or above is considered to be a strong fit in terms of similarity of ACORN profile (1.00 would be a perfect fit). The selected centres have a market size within +/- ~25% of Falkirk’s market size.
Source: Retail Footprint 10 & ACORN
£0.0
£50.0
£100.0
£150.0
£200.0
£250.0
£300.0
£350.0
£400.0
Falkirk Stirling East Kilbride Ayr Edinburgh -Fort KinnairdRetail Park
Glasgow -BraeheadShoppingCentre
Annual C
om
pari
son E
xpenditure
(£m
)
0.60
0.65
0.70
0.75
0.80
0.85
0.90
0.95
1.00
AC
OR
N C
orr
ela
tion
Comparison Expenditure (£Millions) ACORN Correlation
www.caci.co.uk
Page 40 © CACI Ltd, 2010CCI | Commercial in Confidence
Source: Retail Footprint ‘10
Scotland Benchmarking: Market Positioning
Falkirk currently has 30% of its retail provision orientated towards value retail, with a further 68% of mass retail.
The out of town schemes in Braehead and Fort Kinnaird have a slightly different market position compared to Falkirk, with an increased emphasis on mass and premium retail.
Falkirk has higher representation of value retail to the detriment of premium when compared to the benchmark average.
0% 20% 40% 60% 80% 100%
Benchmark Average
Stirling
East Kilbride
Ayr
Edinburgh - Fort KinnairdRetail Park
Glasgow - BraeheadShopping Centre
Falkirk
Value Mass Premium
www.caci.co.uk
Page 41 © CACI Ltd, 2010CCI | Commercial in Confidence41
Analytical Methods - Modelling
www.caci.co.uk
Page 42 © CACI Ltd, 2010CCI | Commercial in Confidence
Modelling
Model the impact of changes to the retail provision
New schemeExtensionRe scoping (market position)Competing destinations
42
www.caci.co.uk
Page 43 © CACI Ltd, 2010CCI | Commercial in Confidence
What-if Modelling: Headroom Analysis
44
Analytical Methods - Visualisation
Visualisation
46
Conclusions
Conclusions
Statistics Data on people and places Supplement by customer surveys
Analytical Methods Benchmarking Modelling Visualisation
Provide BIDs with: Strategic direction (function and mix) Monitoring (KPIs/Health Check) Targeted marketing (where and who)
47
48
BIDs SCOTLAND CPD WORKSHOPS
Town Centres:Know Your Area
Fionna KellNovember 2011
Issues
Training Needs Analysis
Town Centre Healthchecks
Training Needs Analysis March 2010 81 responses / 31% response rate Training needs identified
66% - town healthchecks 57% - action plans / whole town
strategies etc 77% - sources of data 71% - participation
Town Centre Healthchecks Systematic collection of information on
vitality and viability of town centres allowing a comparative analysis between centres and over time
Vitality – how busy or lively a town is
Viability – capacity to attract ongoing investment
Why?
Understand current position Monitor over time Compare with competitors Measure impacts Prepare strategy / action plan Prioritise resources Inward investment
Key Categories
Town Attraction Urban Management Safe Accessible
Town Attraction - Commercial Market Profile Diversity of Uses
Total Retail Floorspace (gross) Total No. Retail Units
Retailer Representation No. of Multiple / Independent Units Number of Comparison / Convenience Units
Retail Rankings Promis (Retail Provision) Venuscore
Zone A Rental Retail Yields Retail Vacancy Office rents / yields
Town Attraction – Leisure and Tourism No. of Leisure Services Units Eating /dining venues (cafe/restaurant) Bingo / amusements /Cinema/leisure Pubs and clubs Total number of visitors Number of tourist days Total visitor revenue Total direct and indirect employment
supported
Urban Management
Bins in town centre Recycling points Average £ per capita on street
cleaning Public / Business perceptions Nos. of public conveniences LEAMS Rating
Safe
Recorded Crime Incidents % Change in Recorded Crime
Incidents Change in Crimes of Violence Public perception of safety
(Business / shopper)
Accessible
Total car parking spaces Total on / off street split Rail passenger numbers No. licensed taxis No. city car club cars No. town bike club bikes
Data Sources Constabulary
Total Recorded Crimes in the Town Centre
Local Authority Litter Bins Public Conveniences Recycling Facilities Cleansing / Maintenance Expenditure Car Parking Spaces Tourism Statistics
EGi Zone A Retail Rents Retail Yields
General Register Office for Scotland Population statistics
GOAD Comparator Cities / Towns Retail Floorspace /
Units Retailer Representation
Office of Rail Regulations Annual Rail Passenger Carryings
Promis Total Catchment Population Retail Rankings Retailer Demand Retail Yields Zone A Retail Rents Market Size
Scotrail Railway station facilities
Scottish Neighbourhood Statistics Demographic Profiling
Scottish Property Network Office Rents/Availability
VenueScore Retail Rankings
VisitScotland Visitor Attraction Statistics
Constraints
Consistency of data Cost of accessing data Scale of town / availability of data Comparability of data Interpretation
Lies, damn lies and statistics
BIDs SCOTLAND CPD WORKSHOPS
KNOW YOUR AREATOWN CENTRE REGENERATION:AN INTEGRATED APPROACH
Douglas Wheeler
BIDS CPD WORKSHOPS23 November 2011
STRUCTURE•Context
•Town Centre Regeneration Research
•Integrated Response to Challenges
• People• Economy• Place• Marketing
•Theory of Change
•Conclusions: Way Forward
RECENT PROJECTS: MULTI SKILLED TEAMS
Projects•Northern Ireland: DSD•N England: RDAs Market Town Initiatives•Scotland: Town Centre Regeneration Research
Skills•Land use & urban design: place intervention
• spatial strategies• development frameworks• master plans
•Local economic development•Involvement & delivery
TCR: How does it work and what can it achieve?First Aim
• Clearer understanding of activities
• Scope & nature of outputs & longer term outcomes
• Identify factors mechanisms & processes
• TCR Fund Projects: longitudinal: case studies
Second Aim
• Develop & populate Theory of Change model/s
• Involve experts/practitioners: test models
• Overall help to shape policy
Definition: SPP: city town district: irrespective of size: mix
TCR Research: Key Findings• Complex concept: multi-dimensional issues• ‘Whole town’: rather than focus just on
physical • Town centre: scale distinctiveness: context• Partnership: vision: strategy: action plan• Partnership is not an outcome:
need effective coordinated delivery
• Small/medium business: limited data • Community ownership of assets• Improving TCR Project Planning• Improving Approaches: TC Health Checks• Applying Theories of Change
TOWN CENTRE: INTEGRATED RESPONSE :
•Visioning process
•What kind of town?
•Integrated diverse whole town strategy
•Priority in Community Planning
•Partnership: three sectors
•Involvement: community/business ‘buy in’ •Townscape: distinctive: design quality
•Town centre plc: competitive position
•Stimulate confidence: compelling economic case
Place-making Place-mending: Different Scales
Region Whole settlement Town centre Block Plot
AUDITAPPROACH: PROCESS
Participation: Involvement Genuine involvement: decision
making Independent businesses: interviews Market research: users & non users Not ‘usual suspects’: go to them! Workshops & design charrettes Social media: facebook/twitter/web
STRATEGY STRUCTURE & COMPONENTS
Town Vision
People Place Economy
Parking & Accessibility
Enterprise & Business
Development
Visitor Destination
Improvements ‘Magnets’
Environmental Improvements:
‘Glue’
Place Making: Sites & Buildings
Marketing & Branding
TCR Project Planning: Limitations
• Lack results chains: link activities to long-term outcomes
• Don’t show short & interim outcomes on route
• Activities & outcomes are poorly specified:who they are targeted at thresholds of change that are expected
anticipated timescales for delivery.
Project Planning Limitations: Example
• Terminology inconsistent
• Which activities lead to which outcomes?
• Who is targeted & who/what will change?
• Nature and extent of change?
• Order and timelines for changes
• Evidence for claims and underpinning assumptions
• Leading onto problems for evaluation?
Priorities Timings Survey power /sensitivity if thresholds unknown
Monitoring & Evaluation: Limitations Poor evidence base & evaluation culture
Lack of critical longitudinal studies/evidence
Evaluation not seen as a priority
Limitations in project planning/health checks make evaluation problematic
Limited project specific data collected:
implementation process: short & interim outcomes
Attribution (evidence that TCR activity has lead to anticipated changes) only possible if we can link outcome data to project data
Addressing LimitationsApplying Theories of Change
• Evaluation approach: uses the programme’s ‘plans & underlying theory’ to guide the selection of evaluation questions, design & methods
• Claims:
Enhances project planning; provides a ‘road map’ Supports development of evaluation framework Helps with attribution
• Uses tools & criteria to describe/specify programme & intended outcomes/timescales/thresholds:
Logic models: flow chart Plausible, do-able & testable plans Prioritise evaluation questions, indicators, methods & timescales
Consistent Terminology
Financial Inputs
Public and private sector
spend
Activity
Interventions delivered
Output
Intermediate
effects
Outcomes
Effect on BID businesses
Impact
GVA
Some Common Measures
Financial Inputs
SpendLeverage
Funding secured
Activity
ProjectsGrants
Output
Shopfronts ImprovedVisitors in
Outcomes
FootfallPerceptionVacancies
Visitor SpendCrime
Impact
Jobst/o
Why Use TOC?
• Build convincing (evidence based) performance story
• Communicate agreed vision & plans• Provide clarity: activities & linkages to
outcomes • Aid planning & improve implementation • Helps you know what & when resources are needed• Highlights assumptions & risks• Links with bigger picture• Enhance evaluation & attribution evidence • Part of wider performance management system• Value in the process: not product• Commissioners & funders to encourage use
CONCLUSIONS: WAY FORWARD
•Scottish Government: Regeneration Policy: TCRF
•Whole town/integrated strategies
•Focus on what's distinctive
•Proactive: business driven & wider involvement
•Build convincing performance story: evidence
•Theories of Change
KNOW YOUR AREATOWN CENTRE REGENERATION:AN INTEGRATED APPROACH
Douglas Wheeler
www.douglaswheelerassociates.com
BIDs SCOTLAND CPD WORKSHOPS
90
Know the Law: Legal Issues for BIDs
91
Know the Law: Legal Issues for BIDs
Craig N McKerracherAssociate
Harper Macleod LLP
23 November 2011
92
Outline of Presentation/ Scottish legislation/ BID structures/ Key issues/ Director’s Duties/ Questions
93
Scottish legislation
/ The Planning etc. (Scotland) Act 2006/ The Planning etc. (Scotland) Act 2006 (Business
Improvement Districts Levy) Order 2007/ The Business Improvement Districts (Scotland)
Regulations 2007 (as amended)/ The Business Improvement Districts (Ballot
Arrangements) (Scotland) Regulations 2007
94
BID Structures
/ No statutory requirements regarding organisational structure – options include:
/ Unincorporated organisation/ Company limited by guarantee/ Limited Liability Partnership / Scottish Charitable Incorporated Organisation
95
BID Structures
/ No statutory requirements regarding organisational structure – options include:
/ Unincorporated organisation/ Company limited by guarantee/ Limited Liability Partnership/ Trust/ Community Interest Company/ Industrial and Provident Society / Scottish Charitable Incorporated Organisation
96
Company limited by guarantee/ Limited liability – members undertake to pay
specified “guarantee” amount if company is wound up, generally £1.00
/ No issue of shares or payment of dividends/ Non-profit distributing – profits used to further
company’s aims / Model of choice in England and Scotland to date/ Strikes balance between commercial and social
objectives
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Advantages of company structure/ Familiarity/ Flexibility/ Transparency/ Well regulated/ Ability to attract funding/ Ability to attract members/directors/stakeholders
Constitution
/ Objects must tie-in with BID proposal/ Voting rights – one member, one vote?/ Distribution of assets on wind-up/ Degree of tailoring of constitutional
documents will be required
Membership
/ Public/private sector/ Local Authority/ Local business community/ Other key stakeholders
Governance
/ Board of directors/ Composition and powers/ Mix of skills and experience / Public/private/community sectors – strategic or
operational responsibility?/ Delegation of powers/ Conflicts of interest/ Partnership working
LLPs
/ Similar to partnership/ Reduced personal responsibility for members/ Compliance levels similar to companies/ Requirement to file accounts at Companies
House/ Normally used as profit-making vehicle/ May not be appropriate
SCIO
/ New legal form for charities registered in Scotland
/ OSCR is regulator, not Companies House/ Degree of limited liability for trustees/ Dependent upon charitable status/ Ceases to exist if removed from charity register/ Cannot be restored to register/ Advice should be sought before establishing
SCIO
Key issues
/ Vehicle structure/ Members/ Composition and powers of Board/ Governance / Contractual and partnership arrangements –
memorandum of understanding/baseline service agreement
/ Important to bear in mind that no “one size fits all” structure – structure should complement overall proposals, not vice versa
Key issues
/ Charitable status/ Tax issues/ Ensure establishment of BIDs is combined with legal,
accountancy and taxation advice to ensure structure covers all bases
Directors’ duties
/ Historically, rules governing company directors came from a range of sources:
/ common law;
/ case law; and
/ statute – Companies Act 1985 and Companies Act 2006
Directors’ duties
/ Current position – Companies Act 2006 (the “Act”)
/ The Act sets out a new statutory statement of directors’ duties
/ The directors’ duties in the Act replace previous common law/statutory position
Directors’ duties
/ The Act sets out seven “general duties” of company directors:
/ duty to act within powers;
/ duty to promote the success of the company;
/ duty to exercise independent judgment;
/ duty to exercise reasonable care, skill and diligence;
/ duty to avoid conflicts of interest;
/ duty not to accept benefits from third parties; and
/ duty to declare interest in proposed transaction or arrangement
Directors’ duties
/ Duty to act within powers comprises:
/ a duty to act in accordance with the company’s constitution (its memorandum and articles of association); and
/ a duty to only exercise powers of a company director for their power purpose
Directors’ duties
/ Duty to promote the success of the company/ A company director “must act in the way he
considers, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole”
/ Duty is subject to duty to act in the best interests of creditors in circumstances of actual or threatened insolvency – in this regard, Act preserves common law position
Directors’ duties
/ Duty to promote the success of the company/ In deciding how to promote the success of the company, a director
must have regard “amongst other matters” to:
/ the likely long-term consequences of their decisions;
/ the interests of the company’s employees;
/ the need to foster the company’s business relationships with suppliers, customers and others;
/ the impact of the company’s operations on the community and the environment;
/ the desirability of maintaining a reputation for high standards of business conduct; and
/ the need to act fairly as between members of the company
Directors’ duties
/ Duty to promote the success of the company/ The list of factors to be considered by company directors in relation
to the above duty is not definitive but the new duty is not intended to impose additional burdens on company directors
/ Intended to reflect what is already regarded as best practice / Board should consider at least those factors – but not just a “box-
ticking” exercise/ Board minutes should refer to consideration of those factors
together with any additional factors deemed to be relevant – e.g. environmental impact
/ Most companies are unlikely to need to make significant changes to current decision-making procedures
Directors’ duties
/ Duty to exercise independent judgement
/ Concerns raised that this duty would prevent directors from relying upon advice/guidance from others in areas in which they may not be expert (e.g. legal, financial, technical matters)
/ Government has confirmed that directors will continue to be able to: (i) rely upon external advice/guidance; and (ii) delegate matters to committees/executive, provided they exercise their own judgement in deciding whether to follow particular advice/guidance or delegate matters
Directors’ duties
/ Duty to exercise reasonable care, skill and diligence / The care, skill and diligence that would be exercised by a
reasonably diligent person with:
/ the general knowledge, skill and experience that may reasonably expected of a person carrying out functions carried out by the director in relation to the company; and
/ the general knowledge, skill and experience that the director actually has
/ Two tests – (i) is minimum objective standard and (ii) is subjective relative to the knowledge, skill and experience of a particular director
/ Test (ii) – greater knowledge, skill and experience = higher standard of care, skill and diligence
Directors’ duties/ Duty to avoid conflicts of interest
/ director must avoid a situation in which he has, or can have, a direct or indirect interest that conflicts, or possibly may conflict, with the interests of the company
/ applies in particular to exploitation of property, information or opportunity (whether or not company could have taken advantage of it)
/ only applies to dealings with third parties, not with company itself
/ no breach of duty if: (i) situation cannot reasonably be regarded as likely to give rise to conflict of interest; or (ii) non-conflicted directors authorise the matter in question
Directors’ duties
/ Duty not to accept benefits from third parties/ A director must not accept a benefit from a third party
which is given as a result of that person: (i) being a director; or (ii) doing, or not doing, something in their capacity as a director
/ No breach of duty if acceptance of benefit cannot reasonably be regarded as likely to give rise to conflict of interest
Directors’ duties/ Duty to declare interest in proposed transaction or arrangement / If a director is in any way, directly or indirectly, interested in a proposed
transaction or arrangement with the company, he must declare the nature and extent of that interest to the other directors
/ Any such declaration must be made before the company enters into the transaction or arrangement
/ No duty to declare if not aware of interest, transaction or arrangement but directors deemed to be aware of matters of which ought reasonably to be aware
/ Need not declare interest if: (i) cannot reasonably be regarded as likely to give rise to conflict of interest; (ii) other directors aware or ought reasonably to be aware; or (iii) it relates to terms of service contract already considered by directors
/ Best practice – proactive approach to declarations by directors and regular monitoring of interests by company
Shadow Directors
/ A shadow director is a person who provides directions to the directors of a company and the board of directors (or a governing majority thereof) are accustomed to following those instructions
/ Consequences of being considered a shadow director? Given some of the same statutory duties and obligations as any other director
/ Application of Companies Act 2006, Insolvency Act 2986 and Company Directors Disqualification Act 1986 to shadow directors
De facto Directors
/ A person who assumes, claims and/or purports to act as a director of a company
/ Occupies the position even if not properly appointed
/ Duties and obligations of directors attach to them
What if breach?
/ Removal of director by ordinary resolution of members of the company (simple majority of members)
/ Proceedings raised against director by company / Derivate action raised by members of company where
company does not pursue/ Petition to court by members for unfair prejudice/ Action by Department for Business, Innovation and Skills
(formerly DTI / BERR) under Company Directors Disqualification Act 1986
Questions
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Contact
Craig N McKerracherAssociate
Harper Macleod LLP
23 November 2011
t/ 0141 227 9540
e/ craig.mckerracher@harpermacleod.co.uk
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