Meeting at Astley
Bridge Cricket Club 14/09/2015.
The Meeting began
with a presentation by Andrea Hallissey Secretary of the North West Counties
Allotments Association (the regional layer of the National Allotment Society).
Andrea gave a persuasive presentation as to why societies and individuals
should join and become involved with the National. Setting aside the direct
benefits questions such as insurance and seed schemes, Andrea concentrated on
the need for the allotment community to stick together to maintain the position
and indeed existence of allotments in the face of the pressures that they
currently face in these times of expenditure cuts and demands for new
development sites. A number of members asked questions and voiced concerns
about their perceptions and experience of the National, which Andrea addressed
and a useful discussion was had. The Committee would like to record their
thanks to Andrea for coming over to Bolton on Monday evening and giving us her
time and energy.
The next
presentation was by Stephen Best, PCSO with the section of Greater Manchester
Police that covers the Astley Bridge Area. Stephen have a bright, informed and
enjoyable presentation which developed into a question and answer session with
the audience and ranged over a whole gamut of topics relevant to plot holders
and site security. Particular points to mention were the idea of Allotment
watch schemes (there is one in Horwich, and Andrea also offered to give us
contacts at a scheme in Salford) and the use of cameras and audible alarms on
sheds and buildings. Stephen also emphasised the need for EVERY person affected
by thefts and vandalism to make an individual report of the incident to GMP as
only in this way can the statistics on which policing is planned reflect the
real level of incidents that we face. The
Committee would like to record its thanks to Stephen for his time and to his
superiors for letting him attend our meeting.
There then
followed a discussion on a range of issues surrounding the selling of produce
This was prompted by the case at Tonge Fold
Allotments which had received a high level of coverage particularly in the
Bolton News but also in national journals.
On 10/08/2015, following a complaint by a
member of the public to the Council’s “Regulatory Services”, Malcolm Russell
instructed the Secretary of Tonge Fold Allotments to instruct plot-holders at
that site to desist from selling produce from a stall set up at the gates of
the site. This stall had been widely advertised in the locality.
At a meeting that evening Abas undertook to
get legal advice from the National about the situation
An email to abas from Malcolm Russell
(10/08/2015) stated:-
“the principle of advertising and selling
produce from any allotment is one that we (the Council) don’t want to get into.
We are comfortable with the societies having annual shows that include some
sales of produce from the site, but we can’t have societies or individuals
advertising and / or selling on a regular basis.’
We reproduce below the reply from Liz Bunting
(NAS – legal officer) to our email asking for guidance on the legal position
around selling surplus produce.
“As I mentioned (in our telephone
conversation) I have had numerous conversations with senior Trading
Standards Officers throughout the country and they are not concerned with the
sale of surplus seasonal produce where the proceeds are for Association funds.
However, where a stall has been set up at the
gates of the allotment, this brings a great many issues into the scenario. The
Planning Department may require planning permission, the Highways Department
will be looking at signage and traffic build up. Trading Standards and the
Environmental Health Department will be concerned about the produce being sold
and particularly where this includes jams and pies. There is a registration
involved in trading as a food business, street trading licenses and HMRC will
also be interested in any business activity.
Neighbourhood services will also look at any breaches of the Lease,
because they will be receiving pressure from these other departments.
The individuals who are taking part in these
activities, all of whom have direct let tenancy agreements, preventing business
activity, each one will be in breach of their individual leases and therefore
this gives the Council the opportunity to issue a Notice to Quit”
Clause 21 of the
Bolton Tenancy Agreement covers business activity
Some further points are recorded from a
conversation between abas secretary Dave Jackson and Ms Bunting.
“Allotment
Law” (P Clayden, page 7, section 4, para b) states that decisions about
‘commercial use with regard to site shops and the sale of surplus produce’
should be made on a site by site basis by the local authority. Bolton Council’s
criteria on such decisions was stated by M Russell in the email referred to earlier.
In response to a query that it is the Society that
is selling not individuals and the society has no tenancy agreement with the
Council, so how could there be a breach of that agreement, Ms Bunting’s opinion
was that this is not a defence – the Council could hold those taking the
decision to sell (e.g. the Committee) as being responsible for the breach and
take action against them.
Essentially Ms Bunting’s view is that the
actions of the site society in question are potentially wrong both in terms of
accepted custom and practice and in Allotments Law and the Council could be
justified in taking action.
She also feels that interventions by the other
Regulatory agencies mentioned would also be likely and potentially damaging to
the society and to individuals.
Ms Bunting’s advice and the information from
abas’ conversation with her were passed to the Society Secretary at Tonge Fold.
Tonge Fold proceeded with an Open Day held on
the site and we understand that they have since continued selling produce. The
Tonge Fold Committee met with Malcolm Russell on 09/09/2015
Abas also had some communications with Malcolm
Russell following his return from leave on 01/09/2015.
Mr Russell clarified the Council’s view on
discussions about this matter – the Council talk to abas about borough-wide
issues (e.g. the interpretation of Allotment Law), with Site Societies on site
specific matters and with individuals where their personal Terms and Conditions
of Tenancy are concerned.
On 09/09/2015 in
an email to abas Mr Russell restated the Council’s position as follows
‘With regard to the fund-raising element, the
Council’s current position is as previously advised and fits with the advice
obtained from the National. (We are comfortable with the societies having
annual shows that include some sales of produce from the site, but we can’t
have societies or individuals advertising and / or selling on a regular basis.)
However we would welcome the opportunity to
discuss this further with Abas as part of a review of the council’s position on
the matter. The Council is keen to support
Societies both in terms of the sustainable management of sites and the
potential role that sites/societies could play in the local community around
food growing, health and wider social benefits.
At the
same time there are potential regulatory issues that we all need to be aware of
e.g. Planning and ‘prepared food’ sales.
Members of the Tonge Fold Society who had been
at the meeting with Mr Russell on 09/09/2015 said that this did not accord with
their recollection of the position as he had stated it at that meeting. He had
been much more positive and had essentially agreed that they could continue
regular weekend sales.
Abas has since contacted Mr Russell for
clarification on this point. Essentially the position is as stated in his
written email. The Council will however look at such issues on a case by case
basis while the review referred to above is taking place.
The meeting moved on to mandate the Committee
to take part in the Council’s review of the sustainable management of sites and
the potential role that sites/societies could play in the local community
around food growing, health and wider social benefits. The meeting felt however
that the review should concentrate on site management and maintenance issues.
We have received an email from Mr Russell. He reports that the Allotments section has been seriously understaffed due to the illness of a key staff member and that as a consequence of this some of the work that the section had wished to carry out prior to the sending out of plot-holders rent bills in October has not been completed. Consequently there will be errors in some of the bills that are sent out. He asks for plot-holders understanding on this. If an error occurs will the plot-holder concerned please either 'phone the number on the bill or email the Allotments section on Allotments@bolton.gov.uk
