BIDS CPD Workshop Nov 2011


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IPM certified workshop that focussed on: (1) Knowledge is power and (2) management, governance and communications.

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  • Geodemographic data is useful to define consumers – classifies residential neighbourhoods into types. CACI have a long standing heritage in the creation of such and are currently investigation approaches in some of the emerging marketsRetailers and shopping centres can collect customer data and see what segments they tend to attract – important in asset management – surveys of shopping centres
  • Understanding value of customers is important – most schemes will have visits from across the social spectrum but a key aid to shopping centre marketing and leasing is to understand spend relativities and help identify areas for improvement. Segment called Educated urbanites – are visiting in reasonable quantity but not spending enough – drive through incentives or leasing.
  • Sustainability is important and a significant proportion of our work is in helping determine optimal size and market position of a shopping centre development. Our models enable us to test different sized schemes and make recommendations on the findings.
  • BIDS CPD Workshop Nov 2011

    2. 2. • 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 @
    3. 3. BIDS: Statistics and Optimising GrowthBIDS CPD WorkshopWednesday 23rd November 2011Steve Halsall, PartnerSimon Power, Managing
    4. 4. Agenda Introduction Data sources Consumer research Analytical methods  Benchmarking  Modelling  Visualisation Conclusions 4
    5. 5. Who are CACI? 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
    6. 6. CACI: 3 Key Strengths Consultancy Europe’s largest independent location planning team Automotive, Retail, Finance and Public Sector & Commercial Property Data Data interrogators not data collectors Huge depth and breadth of data Data integrity and quality of paramount importance Software Unique market analysis tools: InSite, Impact Modeler Designed specifically for market analysis and scenario planning Used internally by CACI consultants 6
    7. 7. Location Planning Clients
    8. 8. The Role of CACI Strategy & Analytics 9 Copyright 2011 CACI Limited
    9. 9. Statistics to Optimise Growth 10
    10. 10. 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
    11. 11. Data Sources 12
    12. 12. 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.
    13. 13. Gravity Methodology Retail Centre B 1. Centre attractiveness 2. Centre type Score: 100 3. Demand 40% - £200 £290 4. Competing centres 5. Distance to Centre Residential Zone 1Retail Centre A 60% - £300 £500 90% - £90 Score: Score: 25 50 Residential Zone 2 £310 £100 10% - £10 14
    14. 14. 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.
    15. 15. Stirling: 2011 CatchmentTotal Residential Expenditure:£1,470.4mMarket Potential: £225.0mMarket Share (Total*): 15.3%Market Share (Core*): 65.0%Source: CACI Retail Footprint and InSite* Total = Primary, Secondary, Tertiary & Quaternary* Core = Primary & Secondary
    16. 16. Stirling: 2011 Market SharesSource: CACI Retail Footprint and InSite
    17. 17. Stirling: Current Catchment SummaryCurrent market potential of £225 million per annum Total Comparison Comparison Goods Market Total Shopper Catchment Goods Expenditure Market Potential Share Population Population (£m) (£m) (%)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
    18. 18. Stirling: Category ExpenditureTotal market potential of £450.1 million per annum Expenditure per Household Spend Index v Annual Household Category Annum Spend (£) UK Scotland (£m)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 104Source: CACI Retail Footprint
    19. 19. Stirling: Retail Category Mix % of % of Retail % of RF Count of % of Retailers - Retail Category Footprint Score - Index Retailers Retailers Index vs Score vs Scotland 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% 100Source: CACI Retail Footprint
    20. 20. Stirling: Leakage to Competing Centres Market Market RF Distance Retail Footprint Centre Retail Footprint Class Share Share Score (Miles) (Core) (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
    21. 21. 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 15.6 59.3 25.1 Average Stirling Index 50.6 112.5 101.1Source: CACI Retail Footprint
    22. 22. Stirling: UK RF RankingStirling currently ranked 138th in the UK Comparison RF Rank Centre Name RF Minor Class Goods Market Score 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 CentreFOCs Premium Brands Major 300 £232.9 133 Falkirk Average Centres 753 £232.0 134 Cheapside Quality London Non-Residential Centres 613 £229.2 135 Kings 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 Park Super 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 £218.7Source: CACI Retail Footprint
    23. 23. Stirling: Scotland RF RankingStirling currently ranked 8th in Scotland Comparison RF Rank Centre Name RF Minor Class Goods Market Score 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 £120.6Source: CACI Retail Footprint
    24. 24. ACORN consumer classification 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.
    25. 25. Average Retail Spend (£) 10% 15% 20% 0% 5% Wealthy Executives Affluent Greys Wealthy Achievers Flourishing Families Prosperous ProfessionalsSource: ACORN and Retail Footprint Educated Urbanites Urban Stirling Prosperity Aspiring Singles Starting Out Secure Families Off UK Average Settled Suburbia Comfortably Prudent Pensioners Asian Communities Post Industrial Families Means Moderate Scotland Average Blue-collar Roots Struggling Families Burdened Singles Hard- Pressed High Rise Hardship Inner City Adversity Stirling: Current Catchment ACORN Profile
    26. 26. Group A: Wealthy Executives Consumers with the money and space to enjoy very comfortable lifestyles £49,400 8.1% 9.0% Key Features Distribution Map Key Retail Brands Demographic Data  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 CategoryWealthy A: Wealthy AchieversAchievers B: Affluent GreysUrban C: Flourishing FamiliesProsperity Top Retail Centres (%)Comfortably  GuildfordOff  Tunbridge WellsModerate  High WycombeMeans  Bicester VillageHard-Pressed  Reading Retail ACORN
    27. 27. Group N: Struggling Families These families are disadvantaged due to educational underachievement and consequent lack of opportunity £25,100 12.0% 12.8% Key Features Distribution Map Key Retail Brands Demographic Data  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 CategoryWealthyAchieversUrbanProsperity Top Retail Centres (%)Comfortably  SunderlandOff  WolverhamptonModerate  DoncasterMeans  Dudley - Merry Hill N: Struggling FamiliesHard-Pressed  Meadowhall O: Burdened Singles P: High-Rise Hardship Q: Inner City Adversity Retail ACORN
    28. 28. Consumer Research 29
    29. 29. Traditional Consumer Research Method Time needed for collation/checking Loss/damage of completed surveys Hit rates compromised Non adaptive 30 Copyright 2011 CACI Limited
    30. 30. Tablets provide a flexible platform for collection 31 Copyright 2011 CACI Limited
    31. 31. Collaboration withData Collection Instant Statistics / 3G Secure Server Further Analysis and Reporting 32 Copyright 2011 CACI Limited
    32. 32. Key Benefits Attractive and professional Real time data monitoring Hot swap questions New question types Instant statistics Interactive collection (age and income) 33 Copyright 2011 CACI Limited
    33. 33. Centre Audit Retail / Service Provider Net Sq. M % of RCG % of Total Category 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 34
    34. 34. Customer Profiling
    35. 35. Identifying target visitorsOpportunity groups include Educated Urbanites, Aspiring Singles and Secure Families Low High 200 Niche Groups Core Groups High Blue-collar Roots Flourishing Families Affluent Greys 150 Settled Suburbia Struggling Families Prudent Pensioners Post Industrial Catchment Profile Families High Rise Hardship Starting Out Wealthy Executives 100 Secure Families Burdened Singles Aspiring Educated Urbanites Singles Inner C ity Adversity 50 Prosperous Asian C ommunities Professionals Non Core Groups Opportunity Groups 0 Low 0% 2% 4% 6% 8% 10% Survey ProfileSource: ACORN, Survey Data & CACI Analysis
    36. 36. Survey Analysis: Average spend by ACORN Group ($)
    37. 37. Analytical Methods - Benchmarking 38
    38. 38. 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. Annual Comparison Expenditure (£m) £400.0 1.00 £350.0 0.95 £300.0 0.90 ACORN Correlation £250.0 0.85 £200.0 0.80 £150.0 0.75 £100.0 0.70 £50.0 0.65 £0.0 0.60 Falkirk Stirling East Kilbride Ayr Edinburgh - Glasgow - Fort Kinnaird Braehead Retail Park Shopping Centre Comparison Expenditure (£Millions) ACORN Source: Retail Footprint 10 & ACORN Page 39 CCI | Commercial in Confidence © CACI Ltd, 2010
    39. 39. 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. Falkirk Glasgow - Braehead Shopping C entre Edinburgh - Fort Kinnaird Retail Park Ayr East Kilbride Stirling Benchmark Average 0% 20% 40% 60% 80% 100% Value Mass Premium Source: Retail Footprint ‘ Page 40 CCI | Commercial in Confidence © CACI Ltd, 2010
    40. 40. Analytical Methods - Modelling Page 41 CCI | Commercial in Confidence © CACI Ltd, 2010
    41. 41. Modelling Model the impact of changes to the retail provision New scheme Extension Re scoping (market position) Competing destinations Page 42 CCI | Commercial in Confidence © CACI Ltd, 2010
    42. 42. What-if Modelling: Headroom Page 43 CCI | Commercial in Confidence © CACI Ltd, 2010
    43. 43. Analytical Methods - Visualisation 44
    44. 44. Visualisation
    45. 45. Conclusions 46
    46. 46. 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
    47. 47. 48
    49. 49. Town Centres:Know Your Area Fionna KellNovember 2011
    50. 50. Issues Training Needs Analysis Town Centre Healthchecks
    51. 51. 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
    52. 52. 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
    53. 53. Why? Understand current position Monitor over time Compare with competitors Measure impacts Prepare strategy / action plan Prioritise resources Inward investment
    54. 54. Key Categories Town Attraction Urban Management Safe Accessible
    55. 55. 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
    56. 56. Town Attraction – Leisure andTourism 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
    57. 57. Urban Management Bins in town centre Recycling points Average £ per capita on street cleaning Public / Business perceptions Nos. of public conveniences LEAMS Rating
    58. 58. Safe Recorded Crime Incidents % Change in Recorded Crime Incidents Change in Crimes of Violence Public perception of safety (Business / shopper)
    59. 59. 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
    60. 60. Data Sources Constabulary  Promis  Total Recorded Crimes in the Town Centre  Total Catchment Population  Retail Rankings Local Authority  Retailer Demand  Litter Bins  Retail Yields  Public Conveniences  Zone A Retail Rents  Recycling Facilities  Market Size  Cleansing / Maintenance Expenditure  Car Parking Spaces  Scotrail  Tourism Statistics  Railway station facilities EGi  Scottish Neighbourhood Statistics  Zone A Retail Rents  Demographic Profiling  Retail Yields  Scottish Property Network General Register Office for Scotland  Office Rents/Availability  Population statistics  VenueScore GOAD  Retail Rankings  Comparator Cities / Towns Retail Floorspace / Units  Retailer Representation  VisitScotland  Visitor Attraction Statistics Office of Rail Regulations  Annual Rail Passenger Carryings
    61. 61. Constraints Consistency of data Cost of accessing data Scale of town / availability of data Comparability of data Interpretation Lies, damn lies and statistics
    64. 64. STRUCTURE• Context• Town Centre Regeneration Research• Integrated Response to Challenges • People • Economy • Place • Marketing• Theory of Change• Conclusions: Way Forward
    65. 65. RECENT PROJECTS:MULTI SKILLED TEAMSProjects• Northern Ireland: DSD• N England: RDAs Market Town Initiatives• Scotland: Town Centre Regeneration ResearchSkills• Land use & urban design: place intervention • spatial strategies • development frameworks • master plans• Local economic development• Involvement & delivery
    66. 66. TCR: How does it work andwhat 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 studiesSecond Aim• Develop & populate Theory of Change model/s• Involve experts/practitioners: test models• Overall help to shape policyDefinition: SPP: city town district: irrespective of size: mix
    67. 67. 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
    68. 68. TOWN CENTRE: INTEGRATEDRESPONSE :• 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
    69. 69. Place-making Place-mending:Different ScalesRegion Whole settlement Town centre Block Plot
    71. 71. 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
    72. 72. STRATEGY STRUCTURE & COMPONENTS Town Vision People Place EconomyPlace Making: Sites & Marketing & Buildings BrandingEnvironmentalImprovements: Visitor Destination ‘Glue’ Improvements ‘Magnets’ Enterprise & Business Parking & Development Accessibility
    73. 73. 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.
    74. 74. 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
    75. 75. 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
    76. 76. 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
    77. 77. Consistent TerminologyFinancial Inputs Activity Output Outcomes Impact Public and Interventions Intermediate Effect onprivate sector delivered effects BID businesses GVA spend
    78. 78. Some Common Measures Financial Output Outcomes Activity Impact Inputs Footfall Shopfronts Projects Perception Spend Improved Grants Vacancies Jobs Leverage Visitors in Visitor Spend t/oFunding secured Crime
    79. 79. 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
    80. 80. CONCLUSIONS: WAY FORWARD• Scottish Government: Regeneration Policy: TCRF• Whole town/integrated strategies• Focus on whats distinctive• Proactive: business driven & wider involvement• Build convincing performance story: evidence• Theories of Change
    83. 83. Know the Law: Legal Issues forBIDs 90
    84. 84. Know the Law: LegalIssues for BIDsCraig N McKerracherAssociateHarper Macleod LLP23 November 2011 91
    85. 85. Outline ofPresentation/ Scottish legislation/ BID structures/ Key issues/ Director’s Duties/ Questions 92
    86. 86. 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 93
    87. 87. BID Structures/ No statutory requirements regarding organisational structure – options include:/ Unincorporated organisation/ Company limited by guarantee/ Limited Liability Partnership/ Scottish Charitable Incorporated Organisation 94
    88. 88. 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 95
    89. 89. Company limited byguarantee/ 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 96
    90. 90. Advantages ofcompany structure/ Familiarity/ Flexibility/ Transparency/ Well regulated/ Ability to attract funding/ Ability to attract members/directors/stakeholders 97
    91. 91. 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
    92. 92. Membership/ Public/private sector/ Local Authority/ Local business community/ Other key stakeholders
    93. 93. 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
    94. 94. 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
    95. 95. 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
    96. 96. 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
    97. 97. Key issues/ Charitable status/ Tax issues/ Ensure establishment of BIDs is combined with legal, accountancy and taxation advice to ensure structure covers all bases
    98. 98. 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
    99. 99. 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
    100. 100. 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
    101. 101. 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
    102. 102. 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
    103. 103. 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
    104. 104. 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
    105. 105. 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
    106. 106. 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
    107. 107. 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
    108. 108. 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
    109. 109. 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
    110. 110. 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
    111. 111. 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
    112. 112. 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
    113. 113. Questions
    114. 114. ContactCraig N McKerracherAssociateHarper Macleod LLP23 November 2011t/ 0141 227 9540e/ 121