Dartmouth Business Improvement District's regeneration dream has degenerated in to a legal battle for cash which has left some of the town's business owners facing a visit from the bailiffs and even jail.
Last Friday magistrates in Plymouth issued liability orders against 25 Dartmouth business owners – including Dartmouth Yacht Club and a firm of solicitors – ordering them to pay a total £7,390 worth of the business improvement district levy between them.
South Hams Council had originally been forced to threaten to drag more than 100 businessmen and women from the town through the courts to get the £21,000 in cash they owed the levy.
But the council withdrew the summonses against most of them during the court hearing after they had agreed to pay up – mostly individual sums of £150 or £300.
Those issued with liability orders now face seeing the bailiffs sent in to recover the unpaid cash.
And the ultimate court sanction against anyone who continues to refuse to pay is being sent to jail.
The 25 made the subject of liability orders during a 90-minute hearing in Plymouth are Dartmouth Yacht Club, £150; Mr D Singer, £300; Mrs P Cave, £150; Mr R Bradbury, £150; Mr B Stewart, £150; Mr N Crowden, £150; Mr R Johnson, £150; Mileward Ltd, £150; Mr I Nicholls, £300; Mr R Candy, £150; Mrs JM Coates, £150; Training for Life, two orders totalling £300; Mr J Bunting, £150; Mrs B Jones, £150; Mrs C McComic, £150; SL Lythgoe, £150; Mr D Fleming, £150; Mr N Bartlett, £300; Home Fabrics Ltd, £150; Mr B Perry, £150; H Doidge, £150; Mr S Westwood, £150; Hansell, Wilkes and Co, £300; and Mr M Major, £300.
Each of them was also ordered to pay another £80 in costs.
The Chronicle was only able to reveal the names of those individuals and companies with liability orders imposed upon them following a direct application to the court.
South Hams Council had refused to hand over the details ahead of the hearing, claiming at various times that it would be 'contempt of court', 'not in the 'public interest' and that the council was 'under no obligation to provide the information'.
Following an appeal from South Hams Newspapers' deputy editor Stuart Nuttall, the court ordered the council to produce a list naming everyone who had been issued with a summons, which was handed to the Chronicle reporter.
The magistrates were told by the clerk of the court that there was no reason why the press should not be handed the details of the summonses, as he explained: 'Open justice is a tenet of the system that we work under.'
The business improvement district was set up with high hopes of pumping hundreds of thousands of pounds into regenerating the commercial heart of the town over the next five years, after a majority of businesses voted to pay a rates levy to fund the operation which includes a major marketing campaign.
But when it came to finding the extra cash, many business owners baulked at putting their hands in their pockets.
Just over a fortnight ago more than £47,000 of the Dartmouth business rate levy remained uncollected – more than a quarter of the expected annual total of £172,000 owed by 743 businesses.
Only one business owner turned up at the Plymouth hearing to oppose the issue of a liability order against him.
Jim Bunting, who is a director of Massage Chairs Distributors, claimed the council should have issued the summons again his company and not against himself as an individual.
But the magistrates rejected his argument and issued the order in his name anyway.
Mr Bunting admitted that his name appeared to be on the lease of the unit on the Nelson Road industrial estate but was unaware how it had got there and had written to the council pointing out that the BID was a 'pickpocket scam' and that his company was liable for the levy and not him.
South Hams Council support services admin lead Sonia Powell pointed out that the council's list of businesses showed Mr Bunting as the person liable for the payment.
The chairman of the magistraes pointed out that Mr Bunting had only informed the council that he was no longer the business ratepayer for the industrial unit when he was issued with a summons and said the bench felt he was still liable to pay the bill.
Businessman and town councillor Dave Cawley, a long-running critic of the business improvement district, was also at the hearing, as an observer.
Mr Cawley, who had paid his levy after getting the final reminder from the council, said afterwards that the fact 104 people had summonses issued against them showed that many retailers in Dartmouth were 'anti BID'.
And he said the majority of the businesses owners who had finally paid up had been forced to because they feared the impact of liability orders on their credit ratings.
Those that had summonses issued against them which were subsequently withdrawn at last Friday's court hearing were: Mr P Jones, £150; Mr JC Holland, £150; Mr P Morley, £150; Dartmouth Trading Co Ltd, £300; Miss R Moss, £300; Mr KW Bailey, £150; Mr SG Fairclough, £300; Yachts of Dartmouth Ltd, £500; Mr T Andrews, £150; Mrs D Lewise, £150; Mr M Horwood, £150; Mr J Holland, £300; Mr B Yole, £150; Mr C Mosely, £150; Mr C Kemp, £150; Saveurs Ltd, £300; Mr I Gillard, £150; Mr P Langman, £150; Anzac Club Ltd, £150; Mr S Deakin, £150; Miss C Wright, £150; Dartmouth Wine Company, £300; Miss J Kitto, £150; Ms T Jones, £300; Mr R Hunn, £150; Country Hill Animal Shelter, £300; Mrs S Purcell, £150; Mr J Jones, £500; Mr J Drewe, £150; Ms C Anderson, £150; Ms J Crane, £87.50; Mr A Langman, £150; Mr I Richmond, £150; Conservative Club, £150; Dartmouth and District Conservative Club, £150; Mr L Berry, £150; Saveurs Ltd, £150; Costcutter Supermarkets Group Ltd, £300; Mr M Ghersie, £150; Mrs W Jones, £150; Mrs A Wheeler, £150; Mr K Bailey, £300; Mr M Frost, £150; Mr R Hunter, £150; Mr N Bartlett, £500; Dartmouth Ventures Ltd, £300; Ms E Thatcher, £50; Mr Pillar, £150; Mr I Richmond, £150; Mr M Chambers, £300; The Dartmouth Wine Company, £150; Ms C McDonnell, £150; Mr R Pillar, £150; Mr N Bartlett, £150; New New Angel Ltd, £150; Gayling Ltd, £150; Ms S McGirr, £300; Mrs V Sandham, £150; Mrs I Lademann, £150; Mr M Goodwin, £150; Mr J Holland, £500; Mr T Way, £150; Mr G Kendall, £150; RG Pillar and Sons, £150; Mr J Holland, £150; Mr G Arthurs, £150; Mr J Holland, £500; Mr JC Holland, £300; Mr JC Holland, £1,000; Mr JC Holland, £150; Tracy Tools Ltd, £150; Mr J Holland, £500; Mr SG?and Mrs RJ Fairclough, £300; The National Trust, £300; and Mr J Holland, £300.
Summonses which were adjourned to a later date involved Mrs A Lee, £150; Ms R Morgan, £150; Dartmouth Insurance Brokers Ltd, £150; and Drs Bann and Lockerbie, £150.





Comments
This article has no comments yet. Be the first to leave a comment.