In 2005, Anglesey Council's Trading Standards Department wrote to several operators of markets and car boot sales "Market Operators" in Anglesey with a proposal to impose a local tax on the "activity" that takes place on that property. The Council argued that inter-alia it has the lawful right (under the Local Government (Miscellaneous Provisions) Act 1982) to impose levies on non-council markets. Market Operators held meetings with The Council and discovered that The Council felt they could impose levies on Market Operators because policing operators is time consuming and needs resource. Policing meaning keeping a watchful eye but if I am not mistaken is this not the job function of Trading Standards? Trading Standards are tasked with ensuring that ALL traders obey the law, not just a specific segment such as car boot sales and general retail markets. Anglesey Trading Standards in 2006 enforced its markets policy.
Trading Standards also appear to be trying to "license" a Market Operation by imposing a levy in preference to imposing a compulsory registration of traders who participate at premises of Market Operators. Reading between the lines, it is easier to impose a tax on the landowner / Market Operator than to enforce compulsory registration of individuals including my aunt Doris who clears out her garage once a year for a boot sale. So is it a question of going for the easiest option....perhaps yes. However Anglesey Trading Standards never actually tried a voluntary registration for traders but this could have been the answer.
Trading Standards therefore appear to be imposing a levy on Market Operators without good reason as they would have to police the activity in any case....so what is behind the levy or money raising idea? We understand that Anglesey Council's own markets held at Llangefni, Holyhead and Amlwch (and an annual one in Menai Bridge) do not seem to be doing so well. It is understood that a means of clawing back some of the perceived "lost" trade to non-Council market operators might be to impose a levy. In the case of Valley's all year round General Retail Market & Car Boot the levy was £4,500 per annum and for Treetops the summer only Saturday "open air" car boot operation was levied £2,500 per annum.
When asked to justify the fee, Trading Standards could not provide any sort of logical tax levy computation to defend its' figures. The Head of Trading Standards nevertheless decided to impose a 7 days notice to pay on the Market Operators. We believe this is totally unfair without any form of discussion and to have it imposed is Stalinist.
Further meetings were held with Anglesey Council and it was discovered that:
1. Anglesey Councils own markets are operated by......Anglesey Trading Standards
2. Anglesey Council's markets policy is formulated by ..Anglesey Trading Standards
3. Anglesey Council is the local lawmaker assisting .....Anglesey Trading Standards
4. Anglesey Council polices non-council markets via ....Anglesey Trading Standards
The Council seemingly have a clear conflict of interest as they compete with other Market Operators yet are also the lawmaker.
Readers should be aware that not only are Market Operators being asked to cough up the usual rates or NNDR but the additional levy by Anglesey Council (up to £4,500 per annum) for conducting an activity compliant with an existing planning permission is a little tough to bear, especially as Trading Standards have an existing remit to police all traders and retailers in Anglesey whether private or a multinational supermarket.
In the meantime, Anglesey Council have refused to refund levied moneys and Court action would seem inevitable as there is reluctance by The Council to "be honourable."
Questions need to be raised about who authorised the punitive tax, under what authority and are funds used to subsidise Anglesey Councils own failing markets, that should in any case, have been tendered out to be operated at arms' length from the Council.
Is this an unfair tax and should Anglesey Council hang on to Market Operators cash?
Your comments are welcome!
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