Covid-19 Business Grant Policy 2020-21 20 May 2020 Individual … Business... · 3 DETAILS OF...
Transcript of Covid-19 Business Grant Policy 2020-21 20 May 2020 Individual … Business... · 3 DETAILS OF...
CABINET
Covid-19 Business Grant Policy 2020-21
20th May 2020
Individual Cabinet Member DecisionCouncillor Anne Whitehead
Report of Head of Shared Service (Revenues & Benefits)
PURPOSE OF REPORT
This report seeks approval of an overarching Covid-19 Business Grant Policy, to cover three new grant schemes introduced by Government in response to the pandemic. The policy encompassing 3 schemes, sets out the criteria provided by Government, to determine eligibility and outlines the approach the Council will take in determining whether an award should be paid: The 3 Schemes are:
⦁ Scheme 1 - Small Business Grant Fund⦁ Scheme 2 (A&B) - , Retail, Hospitality and Leisure Grant Fund⦁ Scheme 3 - Local Authority Discretionary Grant Fund
Key Decision
x Non-Key Decision Referral from Cabinet Member
Date Included in Forward Plan
This report is public.
RECOMMENDATIONS OF COUNCILLOR WHITEHEAD:
⦁ That the Covid-19 Business Grant Policy as set out at Appendix A be approved, effective from April 2020 (Option 1 as set out in the report).
⦁ That in the event that Option 1 is approved, the S151 Officer be authorisedto make f inal amendment to the Policy in agreement with the Cabinet Member, to accommodate evolving guidance and technical FAQ’s in relation to Scheme 3, and to make all other necessary arrangementsfor its implementation with immediate effect.
1 BACKGROUND
⦁ In response to Coronavirus, Covid-19, the Government announced there would be support for small businesses, and businesses in the retail, hospitality and leisure sectors. This support takes the form of three grant funding schemes introduced for the financial year 2020/21, the Small Business Grant Fund
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(Scheme 1), the Retail, Hospitality and Leisure Grant Fund (Scheme 2) and the Local Authority Discretionary Grant Fund (Scheme 3).
⦁ The Government, will, in line with eligibility criteria set out in the policy, re-imburse local authorities that pay grant to eligible businesses, using a grant under Section 31 of the Local Government Act 2003. For scheme 3, an amount equivalent to 5% of the utilised funding for the Small Business, Retail, Hospitality and Leisure grant schemes will be made available for the Local Authority Discretionary Grant Fund.
⦁ The Government has provided guidance in terms of the operation and delivery of any policy, to support local authorities in administering their business grant schemes. The Guidance Note covering Small Business Grant (Scheme 1) and Retail, Hospitality and Leisure Grant (Scheme 2) is provided on the following link:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/881040/business_support_grants-local_authorities_guidance.pdf
⦁ All schemes have an eligibility date of 11th March 2020 and the person who, according to the billing authority’s records was the ratepayer in respect of the hereditament, or in the case of Discretionary Grants the business owner, will receive the funding.
⦁ Under the Small Business Grant Fund (Scheme 1), all businesses in England in receipt of either Small Business Rates Relief or Rural Rates Relief in the business rates system will be eligible for a payment of £10,000 in line with the eligibility criteria.
1.6 Under the Retail, Hospitality and Leisure Grant (“RHLG”) (Scheme 2), businesses in England that would have been in receipt of the Expanded Retail Discount (which covers retail, hospitality and leisure) on 11 March 2020, with a rateable value of less than £51,000 will be eligible for the following cash grants per property.
1.7 Eligible businesses in the RHLG sectors with a property that has a rateable value of up to and including £15,000 will receive a grant of £10,000, in line with the eligibility criteria. Eligible businesses in these sectors with a property that has a rateable value of over £15,000 and less than £51,000 will receive a grant of £25,000, in line with the eligibility criteria. At the same time all eligible businesses will also benefit from a 100% business rate holiday covering the financial year 2020/2021.
1.8 RHLG sector businesses with a rateable value of £51,000 or over are not eligible for this scheme. Also, businesses which are not ratepayers in the business rates system are not included in this scheme.
1.9 In addition to these two grant funding schemes, the Council is set to receive a further funding allocation towards a Local Authority Discretionary Grant Fund (Scheme 3), introduced to support small and micro businesses with high fixed property-related costs which have suffered a significant fall in income due to COVID-19 and that aren't eligible for the two existing grant schemes (1 and 2). The Government recognises that economic need will vary across the
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country, so have set some national criteria for the fund, whilst allowing local authorities to determine which cases to support within those criteria. Detailed guidance can be found under the following link:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/887239/Local_Authority_Discretionary_Grants_Fund_-_guidance_for_local_authorities_-_version_2.pdf
1.10 Under Scheme 3, the Council will follow Government guidance and, in the first instance, open the scheme to the following types of businesses:
⦁ Small businesses in shared offices or other flexible workspaces. Examples could include units in industrial parks, science parks and incubators which do not have their own business rates assessment;
⦁ Regular market traders with fixed building costs, such as rent, who do not have their own business rates assessment;
⦁ Bed & Breakfasts which pay Council Tax instead of business rates; and
⦁ Charity properties in receipt of charitable business rates relief which would otherwise have been eligible for Small Business Rates Relief or Rural Rate Relief.
1.11 It is for individual local billing authorities to determine their Covid-19 Business Grant Policy for scheme 3, in line with government guidance. In the first instance, the Council Policy is closely following the guidance in order to contain grants within the 5% allocation. As the take-up of scheme 3 is unknown but the funding is capped, the following features are proposed:
⦁ The scheme will be opened during week commencing 25 May to the business types set out in 1.10 above
⦁ An initial payment of £2,000 will be made to those businesses which meet the eligibility criteria set out in 1.9
⦁ A closing date for applications will be set to allow for analysis of take-up and spend
⦁ Following the closing date, a position statement will be produced detailing the number of eligible businesses in each category that have been paid the initial payment. Cabinet will be able to use this information to determine how to disburse any remaining allocation. This might be to existing eligible businesses or new categories of businesses (the guidance allows for this flexibility) or a combination of the two.
2 PROPOSAL DETAILS
2.1 Drawing on Government Guidance, Appendix A sets out a Covid-19 Business Grant Policy to provide much needed support to eligible businesses in the area.
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3 DETAILS OF CONSULTATION
3.1 There is no formal requirement for consultation as the Council is obliged to follow Government Guidance.
⦁ 4 OPTIONS & OPTIONS ANALYSIS (INCLUDING RISK ASSESSMENT)⦁ ⦁ 4.1 Option 1 – Agree to the proposal as recommended
The draft policy is working well and sets out a formal approach to distributing this new business grant funding, providing guidance for officers and a consistent platform in dealing with applications. The approach adopted seeks to maximise use of the grant in an open and equitable way, drawing on government guidance, and therefore risks associated with any challenge are considered small and manageable.
4.2 Option 2 – Suggest amendments to the proposed policy
Any amendments would need to have regard to government guidance, and allow extra time for re-consideration of an amended policy. There is some reputational risk associated with further delay as the Government are keen for billing authorities to pay the grant as soon as possible.
4.3 Option 3 – Do nothing and refuse all applications.
A blanket policy of refusal is not an option.
5 OFFICER PREFERRED OPTION AND COMMENTS
5.1 It is recommended that Option 1 be approved. The policy enables a formal approach to decision making, with criteria in line with government guidance, offering financial support to business across the area.
6 CONCLUSION
6.1 The proposals as set out are considered to be fair and reasonable, as a way to distribute available funds, drawing on Government guidance.
⦁ RELATIONSHIP TO POLICY FRAMEWORK
The report is in response to the Government measures introduced to support the business community through the Covid-19 pandemic crisis. The Policy compliments the Councils own plans to create a local support package to combat the pressure a business may find itself under during the coronavirus pandemic.
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CONCLUSION OF IMPACT ASSESSMENT(including Health & Safety, Equality & Diversity, Human Rights, Community Safety, HR, Sustainability and Rural Proofing):
⦁ The policy demonstrates the commitment to support smaller businesses and those in the retail, hospitality and leisure sector, in the area through the distribution of grants in line with Government Guidance. The policy is expected to benefit in excess of 3,000 businesses with total grant awarded in the region of £37.6m. Businesses eligible for Expanded Retail Relief also benefit by way of a 100% business rate holiday for 12 months. An Equality Impact Assessment is attached at Appendix B.
⦁ LEGAL IMPLICATIONS
⦁ The Chancellor in his budget speech on 11 March 2020 announced initial support for business, to protect against the economic emergency caused by the Covid-19 pandemic. The level of this support was increased in a statement from the Chancellor on 17 March 2020. This support takes the form of three grant funding schemes in financial year 2020/21, administered by local authorities, who are responsible for making payments to businesses, who meet the eligible criteria within the policy.
⦁ Providing grants to businesses amounts to State Aid. The United Kingdom left the EU on 31st January 2020, nonetheless under the withdrawal Agreement the State Aid rules continue to apply during the transition period.
The Local Authority must be satisfied that all State Aid requirements have been fully met and complied with when making grant payments, including, where required, compliance with all relevant conditions of the EU State aid De-Minimis Regulation, the EU Commission Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak, the approved Covid-19 Temporary Framework for UK Authorities, and any relevant reporting requirements to the EU Commission.
FINANCIAL IMPLICATIONS
The Council has been allocated £37.6m to fund grant payments under the Small Business Grant Fund and the Retail, Hospitality and Leisure Grant Fund. The Government has promised a 5% uplift on this figure (approx £1.8m) to support small and micro businesses with high fixed property-related costs, that aren't eligible for the earlier grant schemes.
Expenditure will be re-imbursed using a grant under Section 31 of the Local Government Act 2003. It’s not expected that the introduction of this new policy will incur additional expenditure. However, if awards are made outside the framework of the Government guidelines, the Council runs the risk of incurring additional expenditure in these specific cases.OTHER RESOURCE IMPLICATIONS, such as Human Resources, Information Services, Property, Open Spaces:
No other implications
SECTION 151 OFFICER’S COMMENTS
⦁ The S151 Officer has contributed to this report.⦁
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MONITORING OFFICER’S COMMENTS
⦁ The Monitoring Officer has been consulted and has no further comments.
BACKGROUND PAPERS
⦁ N/A
Contact Officer: Adrian RobinsonHead of Shared ServiceTelephone: 01772 906023E-mail: [email protected]
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Appendix A
LANCASTER CITY COUNCIL
COVID-19 BUSINESS GRANT POLICY2020/21
encompassingSMALL BUSINESS GRANT SCHEME (1)
RETAIL, HOSPITALITY & LEISURE GRANT SCHEME (2)
LOCAL AUTHORITY DISCRETIONARY GRANT SCHEME (3)
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April 2020 CONTENTS
SMALL BUSINESS GRANT SCHEME (1) & RETAIL, HOSPITALITY AND LEISURE GRANT SCHEME (2):
⦁ Introduction
⦁ Grant Amounts
⦁ Eligibility Criteria
⦁ Exclusions
LOCAL AUTHORITY DISCRETIONARY GRANT SCHEME (3):
⦁ Introduction
⦁ Grant Amounts
⦁ Eligibility
⦁ Exclusions
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ADDITIONAL INFORMATION:
⦁ Claiming a Grant
⦁ State Aid
⦁ Scheme of Delegation
⦁ Review of Decision
⦁ Other Grant Conditions
⦁ Managing the Risk of Fraud
⦁ Effect on Council Finances
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SMALL BUSINESS GRANT & RETAIL, HOSPITALITY AND LEISURE GRANT SCHEMES (1&2)
1. Introduction
In response to the Coronavirus, Covid‐19, the Government announced there would be support for small businesses, and businesses in the retail, hospitality and leisure sectors in the form of two grant funding schemes in Financial Year 2020‐2021; the Small Business Grant Fund (SBGF) and the Retail, Hospitality and Leisure Grant Fund (RHLGF).
⦁ Scheme 1 ‐ Small Business Grant Fund ‐ Hereditaments included in this scheme are those which on the 11 March 2020 were eligible for relief under the business rate Small Business Rate Relief Scheme.
⦁ Scheme 2a ‐ Retail, Hospitality and Leisure Grant ‐ Hereditaments which on the 11 March 2020 had a rateable value up to and including £15,000 and would have been eligible for a discount under the business rates Expanded Retail Discount Scheme, had that scheme been in force for that date are eligible for the grant.
⦁ Scheme 2b ‐ Retail, Hospitality and Leisure Grant ‐ Hereditaments which on the 11 March 2020 had a rateable value over £15,000 and less than £51,000 and would have been eligible for a discount under the business rates Expanded Retail Discount Scheme, had that scheme been in force for that date are eligible for the grant.
Full guidance notes can be found at https://www.gov.uk/government/publications/coronavirus‐covid‐19‐business‐support‐grant‐funding‐guidance‐for‐businesses
2. Grant Amounts
The amount of Grant available for each Scheme is as follows:
⦁ Scheme 1 ‐ Small Business Grant Fund £10,000;
⦁ Scheme 2a ‐ Retail, Hospitality & Leisure Grant £10,000;
⦁ Scheme 2b ‐ Retail, Hospitality & Leisure Grant £25,000;
For the avoidance of doubt:
⦁ Only one grant can be given in respect of any individual business premises
⦁ Only one grant can be awarded under the Small Business Grant Fund rules
⦁ Where any hereditament could receive an award under Scheme 1 or Scheme 2, only one grant will be awarded, and
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⦁ Both ratepayer and business premises must meet the eligibility criteria shown within this policy.
The grant does not need to be paid back and is designed to help business cope with the impact of COVID‐19.
3. Eligibility Criteria
Funding is to be provided to the person who according to the billing authority’s records was the ratepayer in respect of the hereditament on the 11 March 2020.
To claim grant, a business premises must have been eligible for the following reliefs on 11 March 2020:
⦁ Small Business Grant Scheme (Scheme 1) – receiving Small Business Rates Relief (SBRR) or Rural Rate Relief (RRR)
⦁ Retail, Hospitality and Leisure Grant Scheme (Scheme 2 a&b) – receiving Expanded Retail Discount – provided the rateable value of their premise(s) is less than £51,000
The Effective Date:
The effective date for eligibility is 11th March 2020 and, in all cases, the following government guidance applies at the effective date:
⦁ The hereditament must be shown in the Rating List as at 11th March 2020
⦁ Any changes to the Rating List (Rateable Value (“RV”) or hereditament) after 11 March 2020, including changes which have been backdated to this date, should be ignored for the purposes of eligibility. Local authorities are not required to adjust, pay or recover grants where the rating list is subsequently amended retrospectively to 11 March 2020.
⦁ By exception, in cases where it was factually clear to the Local Authority on the 11 March 2020 that the rating list was inaccurate on that date, local authorities may withhold the grant and/or award the grant, based on their view of who would have been entitled to the grant had the list been accurate. This is entirely at the discretion of the Local Authority and only intended to prevent manifest errors. It is not intended for ratepayers who subsequently challenge their RV.
⦁ Where a hereditament is exempt from rating as at 11 March 2020, no grant shall be payable.
⦁ If the property has a NIL RV as at 11 March 2020 no grant shall be payable
Retrospective Adjustments:
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In cases where discretion is being considered, Officers will use the following guiding principles:
⦁ Cases will be considered on an individual basis
⦁ Discretion can’t be used to make awards to businesses that are not covered by the general eligibility criteria
⦁ New assessments (not created from the split or merger of existing assessments), yet to be entered into the Rating List (pre 11 March 2020), with no previous information or evidential proof provided, nor Visiting Officer awareness of occupation, will not be considered eligible for the payment of Grant.
⦁ Simple failure to notify of a relevant change prior to 11 March 2020, or ignorance of the business rate system alone is not considered a reasonable excuse when considering eligibility for the payment of grant.
⦁ Where Retail, Hospitality and Leisure Grant is considered appropriate, retrospective RV increases will be disregarded when determining the level of Grant payable.
Some scenarios where discretion may be considered are (subject to eligibility for relevant reliefs – Small Business Relief or Expanded Retail Discount):
⦁ Where someone should be the ratepayer pre‐11 March 2020 but has only just told us they have moved in (provided the hereditament already exists in the Rating List). We will seek evidence to confirm occupation (perhaps by Planning or Building Control information) and endeavour to pay the correct ratepayer.
⦁ Where we have already reported to the VOA that a change to the Rating List is required but the List has either not yet been altered or we have not yet processed the change.
⦁ Where we already hold details (pre‐11 March 2020) that a change to the Rating List is required but it has not yet been reported to the VOA.
⦁ Splits and Mergers of existing rating assessments, may be considered, in circumstances where evidenced and proven beyond reasonable doubt to be a manifest error in the Rating List. However, splits reported after the event, where the individual units stay within the same “ownership”, undertaken to take advantage of the scheme will not be considered.
⦁ Zero rated assessments which have a rateable value increase by VOA for a period pre‐11 March 2020.
Unfortunately, in cases requiring and dependent upon action by the VOA, grant will not be considered /paid until such time that the Rating List is amended, and businesses should be referred to Economic Development for further assistance with other available help (ie. Business Interruption Loans).
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Other Eligibility issues:
The Expanded Retail Relief Scheme has been extended to also cover bingo halls, estate agents and letting agencies.
Charities receiving Charitable Rate Relief can’t be eligible for Small Business Rate Relief or Rural Rate Relief and therefore cannot be eligible under the Small Business Grants Fund. They may be eligible under the Retail, Hospitality and Leisure Grant Fund. Such charities should complete the online form at www.lancaster.gov.uk/rhl‐grant and the Council will assess their case on an individual basis.
Properties in receipt of 100% Discretionary Rate Relief on 11 March 2020 that meet the eligible criteria within the Expanded Retail Relief Scheme or Small business Rate Relief Scheme, will qualify for the grant, unless State Aid rules apply.
Properties falling within the Nursery scheme are not eligible for a grant, unless they were in receipt of Small Business Rate Relief or Rural Rate Relief as of 11 March 2020.
The Council is responsible for making payments to businesses and will interpret legislation and guidance in exercising its judgement to determine whether or not eligibility is met as part of this decision making process.
4. Exclusions
Exclusions to Small Business Grant Fund (Scheme 1):
⦁ Hereditaments occupied for personal uses. Examples of where there may be personal use include private stables and loose boxes, beach huts and moorings.
⦁ Car parks and parking spaces.
⦁ Businesses which as at 11 March were in liquidation or were dissolved will not be eligible.
⦁ Businesses which are not ratepayers in the business rate system are not included in this scheme.
Exclusions to Retail, hospitality & Leisure Grant (Scheme 2 a&b)
⦁ Recipients eligible for the Small Business Grant will not be eligible for the Retail, Hospitality and Leisure Grant.
⦁ Hereditaments occupied for personal uses. Examples of where there may be
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personal use include private stables and loose boxes, beach huts and moorings.
⦁ Car parks and parking spaces.
⦁ Businesses which as at 11 March were in liquidation or were dissolved will not be eligible.
⦁ Hereditaments with a rateable value of £51,000 or over.
⦁ Only one grant may be awarded per hereditament.
⦁ Businesses which are not ratepayers in the business rate system are not included in this scheme.
Where a Council/authority (such as a parish council) runs a facility, such as a public convenience, or a venue for hire (village hall/assembly rooms for example), government guidance is clear and states that in line with restrictions in the Expanded Retail Discount scheme, billing authorities may not award either grant to themselves, or another precepting authority.
LOCAL AUTHORITY DISCRETIONARY GRANT SCHEME (3)
5. Introduction
In response to the Coronavirus, COVID‐19, the Government announced there would be support for small businesses, and businesses in the retail, hospitality and leisure sectors, delivered through the Small Business Grant Fund (Scheme 1) and the Retail, Leisure and Hospitality Grant Fund (Scheme 2).
This additional fund (Scheme 3) is aimed at small businesses who were not eligible for the Small Business Grant Fund or the Retail, Leisure and Hospitality Fund. In recognising that economic need will vary across the country, the Government have set some national criteria for the fund, whilst allowing local authorities to determine which cases to support within those criteria.
⦁ Scheme 3 – Local Authority Discretionary Grant Fund ‐ Hereditaments included in this scheme are those which on the 11 March 2020 were eligible for relief under the criteria detailed below, had that criteria been in force on that date.
The full guidance note can be found on the following link:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/887239/Local_Authority_Discretionary_Grants_Fund_-_guidance_for_local_authorities_-_version_2.pdf
6. Grant Amounts
The Council will work within budget when making awards and adapt its approach to local circumstances, providing support for small and micro‐businesses that meet the
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eligibility criteria.
Grants awarded by the Council from this discretionary grant fund will be capped at a maximum £10,000. In the first instance, it is not possible to determine the level of grant allocation to each eligible business, as the Council’s allocation is fixed and the number of eligible businesses is unknown. The Council is keen to balance the need to pay eligible businesses as soon as possible with an equitable consideration to ensure that no eligible business misses out and a clarity consideration to ensure that the features of the policy are clear and understandable. In order to establish this balance, scheme 3 has the following features:
⦁ The scheme will be opened during week commencing 25 May to the business types set out in section 7 below
⦁ An initial payment of £2,000 will be made to those businesses which meet the eligibility as set out in section 7 below
⦁ A closing date for applications will be set to allow for analysis of take‐up and spend
⦁ Following the closing date, a position statement will be produced detailing the number of eligible businesses in each category that have been paid the initial payment. Based on this information a decision will be made on how to disburse any remaining allocation. At this stage, the following options will be considered:
⦁ Further allocations to those businesses which have applied and been assessed as eligible
⦁ Extension of the scheme to further types of businesses which meet the eligibility criteria set out in section 7
⦁ A combination of the above two
⦁ At the point that this decision is made, this Policy will be updated to reflect that decision.
The grant does not need to be paid back and is designed to help business cope with the impact of COVID‐19.
7. Eligibility Criteria
Only businesses which were trading on 11 March 2020 are eligible for this scheme. Funding is to be provided to the person who is the business owner (eg. Sole trader, partnership, Limited Company) in respect of the hereditament on this date.
The eligibility criteria for this fund has been set by Central Government and is primarily aimed at small and micro businesses (defined in the guidance) with relatively high fixed building costs who can demonstrate they have suffered a significant fall in income due to the Covid‐19 crisis. The fund is prioritised for the following type of businesses:
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⦁ Small businesses in shared offices or other flexible workspaces. Examples include units in industrial parks, science parks and incubators, which do not have their own business rates assessment;
⦁ Regular market traders with fixed building costs, such as rent, who do not have their own business rates assessment;
⦁ Bed & Breakfasts which pay Council Tax instead of business rates; and
⦁ Charity properties in receipt of charitable business rates relief which would otherwise have been eligible for Small Business Rates Relief or Rural Rate Relief with a rateable value below £15,000.
Eligible businesses must demonstrate that they fall into all of the following categories:
⦁ have relatively high ongoing fixed property related costs
⦁ have suffered a significant fall in income due to Covid‐19
⦁ meet the definition of a small or micro business as set out in the Companies Act 2006 and reproduced in paragraphs 21 and 22 of the government guidance available at this link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/887239/Local_Authority_Discretionary_Grants_Fund_-_guidance_for_local_authorities_-_version_2.pdf
⦁ are an eligible business which occupy property, or part of a property, with a rateable value, or annual rent, or annual mortgage payment below £51,000, and
⦁ they were trading as at 11 March 2020
The guiding principles under the Small Business Grant and Retail Hospitality & Leisure Grant Schemes in relation to “Effective Date” and Retrospective Changes” will equally apply to this grant, where appropriate and relevant.
The Council is responsible for making payments to businesses and will interpret legislation and guidance in exercising its judgement to determine whether or not eligibility is met as part of this decision making process.https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/887310/local‐authority‐discretionary‐fund‐la‐guidance‐v2.pdf
8. Exclusions
This grant funding is for businesses that are not eligible for other support schemes. Businesses which have received cash grants from any central government COVID‐related scheme are ineligible for funding from the Discretionary Business Grants Fund. Such grant schemes include but are not limited to:
⦁ Small Business Grant Fund
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⦁ Retail, Hospitality and Leisure Grant
⦁ The Fisheries Response Fund
⦁ Domestic Seafood Supply Scheme (DSSS).
⦁ The Zoos Support Fund
⦁ The Dairy Hardship Fund
However, businesses who have applied for the Coronavirus Job Retention Scheme are eligible to apply for this scheme.
Companies that are in administration, are insolvent or where a striking‐off notice has been made are not eligible for funding under this scheme.
ADDITIONAL GRANT INFORMATION
9. Claiming a Grant
All businesses must complete a grant form. There are no exceptions.
The Small Business Grant form is available at: www.lancaster.gov.uk/small‐business‐grant
The Retail, Hospitality & Leisure Grant form is available at: www.lancaster.gov.uk/rhl‐grant
The Local Authority Discretionary Grant forms, dependant on the type of business are available at: www.lancaster.gov.uk/lad‐grant
Any business that needs assistance in relation to either grant should contact the Business Support Team by Email: [email protected]
10. State Aid
Businesses that are eligible for Small Business Grant under Scheme 1 or Local Authority Discretionary Grant under Scheme 3, can only accept a grant under the Small Business Grant Scheme if in receiving it, the total State Aid the business will have received in the past three financial years will not exceed €200,000.
Businesses that are eligible for the Retail, Hospitality & Leisure Grant under Scheme 2 can only accept a grant under the Retail, Hospitality and Leisure Scheme if in receiving it, the total State Aid the business will have received in the past three financial years will not exceed €800,000.
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These grants are required to comply with the EU law on State Aid. Further information on State aid law can be found at https://www.gov.uk/state‐aid . This will involve the ratepayer declaring to the council if they have received any other de‐minimus State aid or aid provided under the EU Commission Covid‐19 Temporary Framework.
11. Scheme of Delegation
This policy has been approved by the Cabinet Member with responsibility for Finance. However, the S151 Officer is authorised to make technical scheme amendments to ensure it meets Council criteria, in line with Central Government Guidance as it evolves.
12. Review of Decision
Government Guidance makes clear that there is no statutory appeal procedure in relation to the Council making discretionary decisions under these schemes. It is up to the local authority to apply the guidance as they see fit. However, the Council will accept a ratepayers request for a review of the decision, in circumstances where either the grant is refused or there is dispute in relation to the level of grant awarded.
Requests for review should be made in writing and submitted to:
Business Rate Grant ReviewLancaster City CouncilTown HallDalton SquareLancasterLA1 1PJ Email: [email protected]
Reviews may take up to 12 weeks to process and will be conducted independently by the Councils S151 Officer, who plays a key role in ensuring compliance with all financial, statutory and constitutional requirements. In making this decision, the S151 Officer may be assisted by business rates staff from Preston City Council who are separate from the original decision. The decision on review will be provided in writing and is considered final.
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13. Other Grant Conditions
The Council has been informed by Treasury that all grants are taxable. Ratepayers should make their own enquiries to establish any tax position or liability.
A business is not obliged to accept the grant and can decline it if they do not require support.
14. Managing the risk of Fraud
All grant claims will be processed through a series of checks, including checks against our business rates database and checks using the Government Spotlight anti‐fraud software. The Council reserves the right to verify/put on hold any claim to enable detailed checks to be carried out.
Neither the Council, nor the Government will accept deliberate manipulation of the scheme and fraud. Any ratepayer caught falsifying their records to gain additional grant money will face prosecution and any funding issued will be subject to clawback, as may any grants paid in error.
Ratepayers should note that, where a grant is paid by the Council, details of each grant will be passed to government departments, as allowed under the Data Protection Act 2018, to prevent fraud.
15. Effect on Council Finances
The Council is required, on a weekly basis, to report to Central Gvernment a range of information relating to how many eligible businesses received grants and the amount granted. All monies paid through the grants system will be funded by Central Government and paid to the Council under S31 of the Local Government Act 2003.
Appendix B
Equality Impact Assessment
Section 1: Details
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Service Corporate
Title and brief description (if required)
Covid-19 Business Grant Policy
New or existing New
Author/officer lead Adrian Robinson (Chief Officer – Revenues & Benefits)
Date 8th May 2020
Does this affect staff, customers or other members of the public?
Yes, the business community in the local authority area
Section 2: Summary
What is the purpose, aims and objectives? The purpose of the policy is to determine eligibility and the process for distributing the new Business Grants to ratepayers within the local authority area. The grants scheme is in response to the Covid-19 crisis and announcements made by the Chancellor on 11th March 2020 introducing Small Business Grants and Retail Hospitality and Leisure Grants, and by the Minister for Business, Energy and Industrial Strategy on 1st May 2020 introducing Discretionary Grants.
Who is intended to benefit and how?
The policy affects businesses as a whole across the local authority area, but more specifically small and rural businesses with a rateable value of less that £15,000 who qualify for Small Business Rate Relief or Rural Rate Relief; those in the retail, hospitality and leisure sector with a rateable value below £51,000; together with other small and micro businesses with high fixed property related costs, which have suffered significant losses, othat aren’t eligible for the other grant schemes.
The amount of grant available for each scheme is as follows:
Small Business Grant £10,000Retail, Hospitality and Leisure Grant £10,000 or
£25,000, subject to rateable valueLocal Authority Discretionary Grant up to a maximum
£10,000
The Council will target occupied businesses in the area that are considered eligible for grant, in recognition that many may be facing an uncertain future and difficulty as a result of the current pandemic.
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Section 3: Assessing impact
Is there any potential or evidence that this will or could:⦁ Affect people from any protected group differently to others? No
⦁ Discriminate unlawfully against any protected group? No
⦁ Affect the relations between protected groups and others? No
⦁ Encourage protected groups to participate in activities if participation is disproportionately low (won’t always be applicable)?
No
⦁ Prevent the Council from achieving the aims of its’ Equality and Diversity Policy?
No
If yes, please provide more detail of potential impact and evidence including:⦁ A brief description of what information you have and from where eg. getting to know
our communities data, service use monitoring, views of those affected ie discussions or consultation results?
⦁ What does this tell you ie negative or positive affect?
Age(including older and younger people and children)
No other evidence or expectation of any specific impact.
Disability No evidence or expectation of any specific impact.
Faith, religion or belief No evidence or expectation of any specific impact.
Gender (including marriage, pregnancy and maternity)
No evidence or expectation of any specific impact.
Gender reassignment No evidence or expectation of any specific impact.
Race No evidence or expectation of any specific impact.
Sexual orientation (Including Civic Partnership)
No evidence or expectation of any specific impact.
Rural communities Businesses in rural communities treated in the same way as all other businesses and will benefit in the same way. Therefore no evidence or expectation of any specific impact.
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People on low incomes The Business Grant Policy has been designed in line with Government Guidance, to provide support for small to medium sized businesses in the area. Some of the business occupiers may be linked to low income households.
Section 4: Next steps
Do you need any more information/evidence eg statistics, consultation? If so, how do you plan to address this?
No.
How have you taken/will you take the potential impact and evidence into account?
The proposed scheme uses Government guidance to target occupied properties in the small business, retail, hospitality and leisure sector, together with other businesses that do not qualify for grant in other schemes but are prioritised by the Government.
Eligible properties will be identified and asked to fill in an application form, including the supply of bank details, in order to speed up the payment process.
How do you plan to monitor the impact and effectiveness of this change or decision?
Through grant take-up statistics, feedback, Business support Unit, member comment etc.
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