The rent free period is now up. The capacity is 30% less. Barring August Mon-Wed are loss days. They are expected to be open every day plus now employ further staff at 3-400 a week. The council has been asked if they can close on some days to be told no and will be fined if they dont. The equivilent of rent. Some are thinking about chalking **** on it as its cheaper to get fined than it is to work 60 plus hours a week and employ waiting staff.
The tenants would be best served taking legal advice on the point - if as you suggest the leases contain provisions which double the rent for any days they do not open then these may be void as penalty clauses. Additionally it's generally difficult for a landlord to enforce a keep-open clause.
The town centre needs those businesses now more than ever. Those businesses are going to be a huge pull to get folk using the new Glassworks when totally finished. Its ridiculously short sighted of the council if that is the case. Theres not many reasons to visit the town centre as it is, and I'm sure the market kitchen success adds to revenues of other businesses.
Wouldn't the public health restrictions and Covid act imposed sanctions be a counter argument / defence for the vendors? Is this a case of the council trying to bleed businesses rather than approaching the government about loss of revenue and demanding compensatory rebates or increases in funding.
It wouldn't prevent them from being in breach of the lease as they are not precluded from opening. I'm sure a judge would take it into account (whether or not he/she explicitly acknowledges it) when assessing a claim though.
The trouble is you need certainty of all places being open to attract people and create vibrancy of environment. It's standard practice for these places. The only real alternative is to fully close 1 or 2 days a week and have more concentrated trading hours. That's the model the place I'm involved in York ultimately moved to. Whether there should be more leeway during the pandemic is another question, although typically places like this are out performing traditional bricks and mortar venues.
Perhaps Barnsley council could keep the rents down, show some ambition for once and stop living in the early 70s.
Market in Barnsley will be gone inside 5 years. There was plenty leeway during the pandemic, rent deferrals, limited hours, closed a couple of days a week. Now its back to full steam ahead. Once you get past the doormen. Which doesnt help.
