Non-Domestic Rating (Multipliers and Private Schools) Bill (First sitting)

Harriet Cross Excerpts

Committee stage
Wednesday 11th December 2024 Public Bill Committees

[Vikki Slade (Mid Dorset and North Poole) (LD)]

Q I would like to touch on that further. The Bill will give the Treasury the power to apply those additional multipliers. Do you feel that should be a local decision? You have hit the nail on the head; the way business rates work can be impacted by a local situation, such as a retailer going out of business or there being very high rents. Do you think that the Bill gives local areas the ability to think about how they might need to apply different multipliers? Would you like to see more regional or local implications, rather than it all coming through the Treasury?

Gary Watson: I go back a long time in business rates; I was working in rating up until 1990 when it was very much the local authority that set the rate and collected the rate. That was one of the reasons why they went to a national non-domestic rate in 1990. I think the councils have a key role to play. That is why I am keen for the relief system to give local authorities an element of discretion so that they can direct reliefs to certain types of rate plan. That goes for not just the high street but the wider picture.

In terms of ensuring an element of consistency, it was interesting that when the reliefs were coming in during the pandemic, there were a lot of local authorities turning around and saying, “Can’t you just tell us what it is?” Then central Government were saying, “You wanted the discretions and now you want it controlled. You can’t have it both ways,” so I think it is a balance. It raises so much money: all the strengths of a property tax are there for both central Government and local government, and for the ratepayer as well. It is about getting that balance.

Controlling the central rate is right, but making sure that councils have an element of discretion, whether through variance in the multiplier or a particular relief, is something to be considered. But again you have to be careful, because local government is different in lots of different areas. There are different challenges in lots of local authorities, and you are sometimes trying to have a rating system that fits every part of the country. That is why you need that flexibility there.

[Harriet Cross (Gordon and Buchan) (Con)]

Q Good morning, Mr Watson. What impact do you see the changes to the multipliers having on the number of appeals that are coming through the business rate system? Do you think the appeals are more or less likely than at the moment to have a grounding or a basis? Will they clog up the system? What is your position on that?

Gary Watson: I do not see that particularly. The question of appeals is interesting. To pick up on one point on appeals, the thing that we are going to find, if we focus on retail and hospitality, is that at the moment if someone does not receive one of those reliefs from a local authority, the only way they can challenge it is by way of judicial review, which is a very high barrier to meet. What we are finding is that some councils will interpret it and give it, and some councils will interpret it and not give it.

What you will find once the Bill goes through is that those challenges will move from judicial review into the magistrates court. If a council chooses not to give a relief, the challenge would be against a liability order application. I think what you will find is that you will get more cases being challenged at a liability order hearing, because however you draft a provision that says, “These people will definitely get it, these people won’t, and these people are subject to whatever,” those challenges will move into a magistrates court.

You can argue about whether that is the right place to have those challenges. The institute’s view for a long time has been that having all disputes on business rate, whether it be liability, occupation or mandatory—these reliefs—in the magistrates court is probably not the best place for them. The best place for those is probably in the valuation tribunal where the valuation disputes for business rate goes. All the council tax disputes go to the tribunal, but business rate disputes do not.

The revaluation will obviously be the trigger for how many appeals come in, and my valuers have given me a heads up on the areas that will see big increases at the next revaluation. But when you are looking at appeals and you focus on the retail, hospitality and leisure, those challenges will come into the magistrates court. The weakness of that is also that the only way you can challenge it is to refuse to pay the rate to get a summons to go into court and argue to a magistrate. Case law is good because it builds the rating system, but I feel that that might be something to keep an eye on going forward.

I think that there will be a lot more appeals against the billing authority’s decision, whereas at the moment they are not challenged through judicial review, because it is a very high barrier to change. The ratepayer could turn around to say, “Well, that council is giving it to me, but that one is not—can you really go to judicial review?” and the challenge would probably be sensible. In my understanding, we have not seen any since those discretions came in.

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[Adam Thompson]

Q Thank you again for coming in this morning, Mr Woodall—we really appreciate your time. I am very pleased to hear your overall assessment that, for the convenience stores that you represent, the Bill will be positive and benefit the vast majority of them. On the savings made and the tangible effect of this Bill, what will they mean for a shopkeeper in my constituency of Erewash for security implementation, staffing and operations?

Edward Woodall: I tried to give some examples earlier of how businesses might invest. I suppose the first question is: where are the multipliers set? I would encourage the Government to use the flexibility to enable the best possible investment. As the example identified, if you have the multiplier set at a lower rate, the business is starting to save thousands of pounds. That is an opportunity for them to think, “Right, I can update the CCTV system. I might be able to add some new security measures in store.” The Bill can facilitate that investment. I should also say that, with the overall pressures on retailers at the moment, the cumulative burden is very big. They also might have to use that money just to keep operating and managing the costs that go up as well. This Bill can facilitate investment, but the Government have to think about the overall investment environment for retailers, not just through the rates bill by itself.

[Harriet Cross]

Q I understand that James Lowman, the chief executive of the Association of Convenience Stores, has written to the Chancellor following the Budget, and he described how 2025 will be a bleak year for small convenience stores, as they face over £666 million of additional cost. Will the Bill’s changes to the multipliers of domestic rates make a dent in that? Overall, will your convenience stores benefit from the Budget or be disadvantaged by it? How do those two things fit together?

Edward Woodall: You are right that our estimation of the cost of the Budget was £666 million, and we wrote to the Treasury to set that out. As I said, I think the Bill provides more structure and permanency in the support for retail, hospitality and leisure relief. I cannot comment on how much it will do, because I do not yet know where the multipliers will be set, but I think there is an opportunity to make the investment environment for businesses better with this Bill. We are not just looking at one single relief; we are looking at it over a period of time and we have the opportunity to discuss how that multiplier is set. One way in which the Bill could facilitate that better is through the procedure for the setting of the lower multiplier, which is currently by negative resolution in the Bill documents. That might want to move to an affirmative resolution so that we can have a debate on whether it goes up or down in the future, so that we can have a closer discussion on those things.

[Mrs Brackenridge]

Q To follow on from the question of my hon. Friend the Member for Erewash about security, I have a couple of things to say. Will you confirm the estimated benefit of the proposed business rate relief to small stores? Recently in my constituency, I accompanied my local neighbourhood police team to visit several stores on estates and high streets, as well as in a retail park. One of the things that the stores said directly to me and to the local neighbourhood police teams was about the shocking increase in retail crime—theft and violence—linked to stores directly employing fewer security staff. Will you share your thoughts on the impacts—the benefits—that the savings could make?

Non-Domestic Rating (Multipliers and Private Schools) Bill (Second sitting)

Harriet Cross Excerpts

Committee stage
Wednesday 11th December 2024 Public Bill Committees

[The Chair]

Do any other witnesses have anything to add?

Kate Nicholls: Over the last five or six years, you cannot escape the closures due to covid and covid-related debt. That is the backdrop against which these businesses are trying to recover. You have not really had a break from covid to be able to build back resilience in the businesses. It is not just pubs; the broader hospitality sector is also facing the same challenges.

You have had high levels of covid debt, which was Government-issued, to be able to remain afloat during that period. You had two years where you were operating at or below break-even, and one in three of our businesses have no cash reserves because they have not had the ability to rebuild those cash reserves. The resilience in the independent sector in particular is just lacking. Couple that to the significantly increased tax burden—pre-profit taxes in particular—that has been borne over the last six to seven years by our sector; that further erodes the margin.

If we were going into covid in 2019, the tax burden overall was 32% of turnover. It is now 38% of turnover coming out of that. If you do it as a percentage of profit, 77% of our profits go back in one form or another of taxation. I know that taxation funds vital public services, but we are the highest-taxed sector of the economy overall. As a percentage of profit, nobody else pays as much tax as we do, and you cannot get away from that when you are looking at it.

Added to that, factors outside anybody’s control have driven closures over the last six to seven years: there have been 400% increases in energy bills on the back of the war in Ukraine and 20% food price inflation, which again is on the back of the war in Ukraine and tariffs that have come through. Those are significant additional costs that you are bearing in the business that go through to erode the margin and, at the same time, there has been a cost of living crisis, which means that you cannot pass that on to your customers.

You are caught between a rock and a hard place as an operator. The bigger operators just cut their investment fully; that is £7 billion not being invested in our high streets this year to cope with the cost pressures coming through. Those businesses will remain afloat, but the independents do not have that cushion to be able to manage the situation. They run out of road, in essence.

Steve Alton: To give one illustration, small pubs are still handling their covid debt. It can be up to £1,000 a month that these guys are still paying to pay that off, of which the Government debt is obviously a core part. When you are unprofitable, and you are still paying that out, you can imagine the quandary and why we are going to hit a tipping point pretty quickly. That will mean that we lose not only the taxation they generate but the repayment of that outstanding debt as well.

Sacha Lord: Apologies if this was said before I arrived, but my concern is that a pub is not just a place that serves a pint; it is the heart of the community. We know that 64% of people said that a pub is one of the main places that they congregate and that 86% said that when a pub closes, the community suffers. We are anticipating up to 9,000 closures next year with a double whammy in April of the national insurance increase and the business rate increase. I am more concerned about closures in quarter 1 next year than I was during covid.

[Harriet Cross (Gordon and Buchan) (Con)]

Q Thank you all for coming. I will aim my question at Mr Alton, but everyone can probably have a go. Mr Alton, you mentioned 15,000 potential closures, and Mr Lord just said 9,000 in Q1 next year. There was also a figure of, on average, 15 employees per pub. That brings us up to about a quarter of a million potential job losses, which will be across the board—not just full-time jobs, but part-time jobs, holiday jobs and starter jobs. It will have a huge impact. Has the sector, or have you, modelled where those are likely to fall, when they are likely to come and how they might be mitigated? Ultimately, what can be done to prevent those losses or to help those people move into other businesses across hospitality?

Steve Alton: Some of that is already happening. Some people are already trimming their staff numbers down anyway to try to get ahead of this, so they have some degree of resilience. The real frustration is the reverse of what you just said: we pride ourselves on being the place that takes people in. We have some amazing charities in our sector that bring in people who are facing homelessness. We have placed over 600 of those individuals into hospitality, put our arms around them and given them a platform. They have already progressed to phenomenal levels of achievement within our sector. That is what is at risk.

Equally, the part-timers are under scrutiny right now, because they are triggering a premium payment for the employer. Some of those individuals absolutely depend on that fixed-hours role, because it is the only thing that they can fit in versus their demands, whether childcare or others. It is heartbreaking to see some of those individuals already starting to lose hours and ultimately jobs, but that will come, in a way.

That is just direct employment; we have to think about the supply chain as well. When you are looking at the multipliers and the real impact, I ask you to consider that foundational economic place that pubs prop up. Where are all the tendrils that go out into the community—all those connected jobs, from the butchers to the cleaners, the window cleaners and everything in between, that are sometimes hidden? Every job lost in a pub will be connected to multiple jobs in that community that are dependent on the demand that that pub drives.

Again, the situation is deeply frustrating, because we know that the Government passionately want to get people back into work, and we are the answer to that. Right now, however, they are unfortunately limiting the potential of our sector to help with that issue.

Kate Nicholls: When you look at the job losses in our sector, it is very difficult to strip out and identify the difference between the business rate changes that we are talking about versus the changes in NI. Steve is absolutely right that, for somebody on the minimum wage or just above at 20 hours a week, the effective increase in the employer’s tax on those jobs is 75%. That is where you will see hours cut and jobs reduced as a result of that change. You cannot just dissociate the two. That is why it is very difficult to model this and answer your question specifically about where we will see business failures versus job losses. Clearly, we are looking at—

[The Chair]

Order. The Minister may have been just about to say this, but we have only five minutes left, at least two more Members wish to ask a question, and this is steering a little out of the scope of the specific contents of the Bill.

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[The Chair]

Order. We have eight minutes for six people, so only one question each.

[Harriet Cross]

Q My question is very brief, and is relevant to what Mr Lenon said about margins being tight. Is there a figure for the average margin that one of your schools would expect? How might that be affected by the changes to the business rate relief?

David Woodgate: The benchmark is 10% net surplus on gross fees. We had many schools drop down to 5% to break even, and they are now going into deficit in order to meet the quadruple whammy—if I can put it that way.

[Michelle Welsh (Sherwood Forest) (Lab)]

Q I want to go back to something that Simon said about special educational needs in independent schools, and how in some cases SEN can be met only by independent schools. Can you give further clarification on that?

I spent a long time working with special educational needs in the state sector at every key stage, in both specialised and mainstream state schools. There was not a single case that I saw that was not able to be dealt with in a state school in one way or another. With the further investment this Government are talking about, I think that will change again. I would like some clarity, because if there are such cases, they should be taken up with the local authorities and Members of Parliament—it should not be the case.

Simon Nathan: I am happy to follow up with the Committee on that, because I do not have the specific cases in front of me, but I can obviously go and find that information. I do not think it is an issue on a national scale, but there will be local areas where the independent school is filling the need that perhaps cannot be wholly fulfilled otherwise. I am not saying that the expertise is not there in the state sector; I am saying that the capacity might not always be there.

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[Jayne Kirkham]

Q This is just a point of clarification for me. It is probably really simple. On the larger rate, over £500,000, and the lower multiplier, one witness said that it could still apply to hospitality, retail and so on, so it could still be applied to big hotels and grassroots music venues even if they are over the level. Is that right?

Jim McMahon: At the moment, any property over £500,000 would be subject to the higher value. We are not looking at the moment at sectoral exemptions, but clearly we will take into account the evidence sessions and the discussions that will happen tomorrow. However, it would be fair to say that if you are a retailer with such a square footage that the value is over £500,000, you are likely to be a very big department store, a big out-of-town shed or a supermarket. The assumption in the system is that if you can afford to occupy and run a space of that size, there is room to pay additional business rates on that basis. In the end, it is about giving it to that ultimate use, which is the smaller retail, hospitality and leisure uses that are the backbone of many communities.

[Harriet Cross]

Q Going back to panel 7, we heard UKHospitality, the British Institute of Innkeeping and the night time economy adviser for Greater Manchester reflect on jobs and job losses due to changes. I appreciate that it is hard to establish at this stage whether those are because of national insurance or business rates, but either way business rates are a contributing factor. What analysis have the Government done as a background to the Bill to model the impact on jobs and job losses in the different sectors? What impact assessment has been done in relation to the different types of employment—full time, part time or seasonal? A lot of hospitality work helps people such as part-time working mothers because it comes at different times of day.

Jim McMahon: I think, within the scope of the Bill, which is very narrow, the impact is only a positive one. That is in the context of the temporary relief that was provided during the covid pandemic, which, being temporary, was coming to an end—the cliff edge was coming. There was absolutely no finance provided for it beyond the current year, so the question then is: what do Government do about it? We either grow even further the £22 billion funding gap that was here when we came into office—that is, we continue it—or we say that—

[Harriet Cross]

Ten minutes ago, you said that we have to look at those changes within the scope of all the other changes, so I think it is not unreasonable to look at it as a whole.

Jim McMahon: As in, the interventions that the Government are taking?

[Harriet Cross]

Yes.

Jim McMahon: In the scope of the Bill, this is the much-needed relief that retail, hospitality and leisure need. Every one of the witnesses who came to talk about the impact of it, within the scope of the Bill, were—

[Harriet Cross]

Q Was a job analysis done in the scope of the Bill?

Jim McMahon: Those witnesses were very positive about its impact. Lots of other changes will be coming through the system. We still have to do the revaluation. We still have, through the next fiscal programme, to talk about the rates. That type of analysis will be done at a later stage. To be clear, although there was a lot of context about the operating environment being challenging—there is only so much you can do within months of coming into office—on the small business rate issue and on retail, hospitality and leisure, every witness said that the Bill will play a part in supporting local businesses to be more sustainable in the future. The other issues are well outside of the scope of the Bill.

[Harriet Cross]

Q It could have a positive impact on jobs, but we do not know because we have not had an analysis.

Jim McMahon: If we are giving a tax relief to retail, hospitality and leisure for almost all community operators, convenience stores, pubs and other businesses, and we are doing the same for town centres, city centres and high streets, then the answer is self-evident: it will be a positive outcome.

[Harriet Cross]

Q I think my question is about the broader principle of whether it is also value for money. If you are giving tax relief somewhere, you would want to know what the impact of that is—for example, if the impact is on job growth, that is great. But would you not want to know what the impact of it is on a certain thing, compared with if you had spent that money elsewhere? Surely, whether it is positive or negative, an analysis is an important part of seeing whether money is being spent in the most efficient way possible.

Jim McMahon: That will be considered in the round. To be clear, however, it was a manifesto commitment to rebalance the on-street with the online, to get back to supporting the high street, and to give sustained support to the businesses that are the backbone of our community. The Bill is delivering that manifesto commitment. We do not shy away from that. We are proud that within the first six months, the legislation is coming and businesses will feel it in every community in the country.

[The Chair]

We have eight minutes left, five people still to speak, and a vote is due any second now.