in:brief - Issue 12 (Winter 2013) by Napthens LLP

in:brief napthens.co.uk

WINTER 2013 ISSUE TWELVE

THE NEWSLETTER OF NAPTHENS SOLICITORS

Business Roundup Richard Slater, publisher of Lancashire Business View tells in:brief about the numbers game. page 2

Building a success in:brief profiles Blackpool based Ameon, a mechanical and electrical services business. page 3

Ask the expert

Danbro’s new look headquarters in Lytham.

Danbro goes for growth in 2014 Leading accountancy services provider Danbro is aiming for expansion in 2014 as it plans to convert the former Land Registry building in Lytham into its new headquarters. Danbro specialises in delivering accountancy and payroll services to contractors and freelance workers throughout the UK. The business is being advised by Martin Long and Gareth Birch in Napthens’ Commercial Property team and Tricia Morrison and Husna Patel in the firm’s Construction department on its plans to convert the 77,400 sq ft building into a mixed use scheme. The project will consist of 60,000 sq ft office space with the addition of 20 high specification apartments. Currently, it’s one of the largest office developments taking place in the North West and when completed in October 2014, Danbro will be offering up to 20,000 sq ft of office space for rent.

Damian Broughton, managing director of Danbro, said the move will enable the firm to plan for growth and unite the functions of its three current offices under one roof. He said: “Jubilee House is an iconic building that offers fantastic potential for us. Located on a fine stretch of Fylde coast, the vast premises will provide the firm with the space we require as we grow. “Our investment will breathe new life into the building. By diversifying its use and creating office and residential space, the project has broader potential to turbo-charge the regeneration of Lytham and create jobs in the area.”

Danbro currently operates from three premises at Whitehills Business Park in Blackpool and its London office which opened in 2012.

development. As such we will be offering space for incubator units for small business start-ups and social enterprises within Jubilee House.

Founded 13 years ago by Damian and Helen Broughton, who established the business from their home, it now employs 140 staff and has built a strong reputation among recruiters and their contract workers, interim managers and temporary staff.

“Given the excellent location, highquality office space and ample parking offered at Jubilee House, we are confident we’ll attract some fantastic businesses to join us in our new premises.”

Helen added: “Jubilee House not only represents an opportunity for us to bring Danbro together under one roof, it gives us the physical space we need to grow, and provides us with additional revenue streams. We are extremely keen to create employment opportunities, growth and regional

Commercial Property partner Martin Long, head of the Blackpool office and Chairman of Napthens said: “It is a privilege to be able to work with Danbro on such a high profile local development and we wish them all the success Damian and Helen deserve. We look forward to working in partnership with them to help grow their business.”

Preston’s progression: an update on the city’s regeneration plans. p4&5

Litigation partner, David Barnes looks at inheritance disputes page 6

Legal Update Tricia Morrison, Head of Construction discusses how construction businesses can minimise risk. page 6

Face2Face Napthens’ chairman and Property partner, Martin Long speaks with Alan Cavill of Blackpool Council about the town’s redevelopment. page 7

welcome / roundup / legal update:

in:brief welcome

Numbers games Richard Slater, Publisher, Lancashire Business View All the key economic indicators are showing improvements and this at a time when many economies, particularly those of our European neighbours, are continuing to struggle.

Oliver McCann Employment partner

It’s good to have the evidence. The trouble with the big numbers, however, is that they lumber. Aggregate the results of the nation and we celebrate 0.2 per cent of this and 0.4 per cent of that.

Welcome to the latest edition of in:brief, which I’m sure you’ll find of interest.

Figures of this scale are barely noticed by those in the small and medium sized sector; they are the nil-nil of recovery indicators.

In this edition, Richard Slater of regional business magazine, Lancashire Business View gives his view on how our local economy has performed and reflects on the wider business issues that we’ll all have our own opinion on.

What we like are numbers to chew on. So while the politicians glean glory from their increments, the rest of us look for more substantial evidence; and we look for it on our doorstep.

As in previous issues, we feature two businesses as client profiles. Robin Lawson from Blackpool-based Ameon, which is a specialist in mechanical and electrical services for the construction sector, talks to us about his growing business and how it’s performing well in a notably tough sector. Meanwhile, Boyd Hargreaves tells in:brief about plans for Oswaldtwistle Mill which is a well-known Lancashire retail gem, and how it is now looking to capture the lucrative business conference market in the region. Our double page spread this issue looks at the progression Preston City Council is making with its plans to enhance the city’s proposition as a place to do business in. Contributors, including the firm’s chief executive Ian Leigh, puts forward his view and one that is probably echoed by many in Preston. Face2Face in this edition sees Napthens’ chairman Martin Long, meet with the assistant chief executive of Blackpool Council to discuss the town’s future and how the multi-million pound regeneration of the visitor destination is boosting confidence. Finally our own experts give important advice on how to prepare your business for a sale and how construction companies can protect themselves in a sector which is showing signs of green shoots. I hope you enjoy this latest edition and I’ll take this opportunity to wish you a prosperous 2014. Thank you

2 in:brief WINTER 2013

The Hot 100 index we published in Lancashire Business View in the summer satisfies in so many ways. It’s a league table of Lancashirebased businesses with pre-tax profit as its deciding measure.

It told us some remarkable things.

But we must proceed; though with some caution and several demands.

We learned, for example, that the turnover of the best performing businesses, when aggregated, was up 17 per cent on the previous year. Employment in those businesses increased by a similar percentage with nearly 1,500 additional roles – or 15 per Hot 100 business. Profit was up too – across the piece by 27 per cent.

We’ve stated our position at Lancashire Business View and it’s worth rehearsing again: we want a profit levy directed back into the county; we want a guarantee that labour will be sourced within the county; we want a commitment from owners that a world-class centre of knowledge is created here.

If only the fracking industry could be so clear cut with its numbers. It’s a story we’ve heard much of in 2013 and the debate will continue.

First of all, we need a fullyoperational test-well in Lancashire that challenges economic and environmental claims.

The fact is we have a reserve of gas beneath our feet which could power our businesses and homes for decades. But while we clearly need to exploit it, the numbers are a mystery – we need to know who will benefit and by how much. We need to start with understanding the value of what we’re standing on and what that means for employment and opportunity. In short, I’m more convinced at the moment by the environmental claims from the prolobby than the economic ones.

When we met the Prime Minister in the summer, he said that £1m per well would be distributed locally for the inconvenience caused and the money would go directly to the affected communities. The mechanics for this are unclear, though it is certain he doesn’t want the cash flowing through the traditional local authority routes. This is intriguing and we look forward to hearing more.

The other big numbers issue of 2013 which will rumble on is HS2. Frankly I can’t get excited either by the speed or capacity claims and, save those directly involved in the industry, am yet to meet a Lancashire business which is.

Contact: Richard@lancashirebusinessview.co.uk 01254 297870

Legal update Many business owners are so heavily tied up in the day-to-day running of their business that when it comes to decisions around to preparing to sell a business, they fail to maximise the value achievable by not planning for succession. Richard Robinson, Corporate partner, warns that lack of planning is likely to result in a failure to realise the maximum value of any sale. At worst it can lead to transactions failing. In preparing any business for sale there are a number of key considerations that should be dealt with at least two years prior to any sales process beginning:

• Structuring a Deal

• Defining Your Objective

• Early Planning

Only through a very clear understanding of personal and business priorities can any exit strategy be properly planned. It is fundamental to ask yourselves at a very early stage what direction and what objectives you wish to achieve. • Family and Personal Considerations Succession planning is often a lot more difficult to resolve than any of the commercial, legal or financial issues involved in selling a business. Addressing family succession issues and expectations is fundamentally important to organising a business for sale. • Employees Ensure your management team is effective and capable of operating the business in your absence. If new people need to be brought in or ineffective managers moved on, the time to do this is well in advance of any exit.

It’s important to understand tax, legal and financial structuring options at an early stage so that you can prepare a deal structure which enhances value in good time before any formal sale process begins.

The key to any successful exit strategy involves early planning and positioning your business in a way that enhances value, whilst allowing any owners to determine whether any future offers are credible. Involving professional advisers from the outset is essential. Working with your advisers helps maximise value and takes away some of the pain that can be involved in preparing a business for sale. Prepare Your Business Now Napthens can help preparing your business in a number of ways from deal structuring advice to introducing other advisers and assisting with the planning and execution process. Effective succession planning should begin long before any actual exit. To keep up to date on these issues, subscribe to our corporate e-updates by contacting marketing@napthens.co.uk.

Richard Robinson

Contact: Richard.Robinson@napthens.co.uk 01254 686208

www.napthens.co.uk

Granby / Ameon / Crown Paints:

Granby in £3.8m MBO Granby Marketing Services, a leader in handling and fulfilment solutions, has undergone a management buyout with advice from Napthens’ Corporate team. Granby, based in Blackburn, works for blue chip customers including Andrex, L’Oreal, Sainsbury’s, the Department for Education and Transport for London. The company provides services such as direct marketing, warehousing and distribution, and employs more than 100 people. The £3.8million MBO is backed by funders Enterprise Ventures and Natwest, and sees Joanne Varey, managing director, become majority shareholder. Stephen Bentley, who acquired Granby from the Omnicom Corporation 13 years ago, becomes Chairman and a minority shareholder.

Crown Paints expands with help from Napthens’ experts

Craig Parsons, Granby’s IT director, also becomes a minority shareholder. A team from Napthens advised Granby, led by Corporate partner Richard Robinson and including Corporate solicitors Claire Hynes and Sharon Harrison, Employment solicitor Claire Haworth and Commercial Property solicitor Richard Clithero. Richard Robinson said: “We have been delighted to help the Granby management team complete a deal, which allows them to continue growing their business with new partners whilst retaining continuity in both its management team and service offering.” Joanne Varey, managing director at Granby Marketing Services, said: “This feels like a natural step for the business to ensure we are evolving and maintaining our position as a market leader.”

Crown Paints has expanded its decorator centre business in Yorkshire with advice from Napthens. Crown, headquartered in Darwen and part of the Danish Hempel Group, is one of the UK’s largest and most successful paint manufacturers.

Transport for London, one of Granby’s blue chip customers

A team led by Keith Melling, Head of Corporate, recently advised Crown Paints on the acquisition of three additional decorator merchant centres in Scarborough, Bridlington and Driffield, from Needlers Ltd.

Ameon lays the foundations Ameon’s managing director, Robin Lawson, set a target of the business hitting £30million turnover in five years. Instead, this was reached in just three. As a specialist in mechanical and electrical services for the construction sector, the business has seen its ups-and-downs as the market has been hit by recession. But business has remained steady and Ameon is celebrating its share of high profile contract wins. Earlier this year the business, based at the Whitehills business park in Blackpool, completed a fit-out of the new Saracens rugby team stadium in London, and Ameon is heavily involved in the large-scale local regeneration project at Blackpool’s Talbot Gateway.

With an impressive roster of clients under its belt, the company looks set to go from strength to strength as the business continues to grow.” Founded in March 1996 before being acquired in a buyout by Robin Lawson, Ameon was re-branded and re-launched in 2009 and now boasts 200 full-time staff and a large roster of agency personnel. The core of the business is mechanical and electrical services, working with main contractors on building projects such as schools, apartment blocks and hotels.

Customers include BAE Systems; with high profile projects including the new Highfield Humanities College in Blackpool, and Bolton One, a £34million flagship health and fitness facility built jointly between Bolton Council, Bolton University and the NHS. The business also operates a Utilities Division, a utilities infrastructure company which works to extend power, gas and water grids to developments.

Ameon has recently won a contract with Jet2 in Bradford to convert a former office building to a flight simulator facility. The company plays a crucial role in the construction of large projects, responsible for the fit-out of major public and private buildings, from heating and air conditioning to lighting and even lightning protection.

www.napthens.co.uk

Robin Lawson said: “We’ve had our share of ups-and-downs like any business working in the construction sector, but there are clearly signs of improvement as we reach the end of 2013.

The Napthens’ team also included Employment partner Oliver McCann and Commercial Property solicitor Marc Appleton. The acquisition was intended to allow Needlers to focus on its core business of hygiene and workwear supplies to the food industry. Keith Melling said: “This was a strategic acquisition for Crown Paints and helps to cement its footprint in the Yorkshire region. We are delighted that Crown engaged us on the project as this demonstrates how we can help both large and small businesses in Lancashire to achieve their objectives.”

“Many projects that have been put on hold are now moving again and we are well placed to benefit from this with our expertise working on some very major projects.” www.ameon.co.uk

Keith Melling

Contact us: We welcome your feedback and comments on any of the articles in this issue of in:brief. Feel free to drop us a line at Marketing@napthens.co.uk or visit our in:brief page on our website, www.napthens.co.uk/inbrief

Its management relies on Napthens for specialist advice on construction, conveyancing, general commercial law and employment law. Tricia Morrison, Head of Construction at Napthens, added: “Ameon has made a great name for itself in a highly specialised sector.

The business operates more than 130 Crown Decorating Centres across the UK and Eire, offering trade and professional products.

Ameon’s Robin Lawson and Mark Court

WINTER 2013 in:brief 3

special report: Preston ‘Success City’

Preston prospectus heralds ‘Success City’ In April 2012, Preston City Council unveiled its City Centre Investment Prospectus outlining development opportunities in the city centre and setting out its key assets. The document also set out to communicate the unified approach of the city council, County Council and the University of Central Lancashire (UCLan). The city council hailed the prospectus as a rallying call to developers and investors to be a part of Preston’s future growth in partnership with the local authorities and Preston Vision. The move was essentially an ‘open for business’ invitation following the Tithebarn decision – and a chance for developers to engage with the council and its partners to stimulate development in Preston. Eighteen months on, in:brief talks to businesses, regeneration chiefs and key stakeholders to track progress, look at what has worked, and what more can be done in what is still a turbulent economy. “In the months following the final collapse of Tithebarn, we needed to get our thinking caps on – and quickly,” said John Crellin, the city council’s city centre planning manager. “We realised that Preston’s major selling points – our transport links, one of the country’s largest universities, our historic assets and Winckley Square – were not fully recognised by developers across the broader region. We needed to refocus on what our priorities were and project a joined-up message from all our stakeholders. There was some reflection and we thought: we can do this better.” The post-Tithebarn initiative took a major step forwards in October this year when the city council launched a six-week consultation programme designed to gauge public reaction to a new city centre plan, described by John as ‘the child of the prospectus’.

Professor Gerry Kelleher

4 in:brief WINTER 2013

The proposals include the creation of a vibrant office quarter; developing a new city centre cinema; boosting the city centre residential population by building quality homes; and re-energising leisure and cultural activities. The future is also looking brighter for Preston bus station. Instead of demolishing the 1960s landmark building, planners are now looking at improvement options. John believes the prospectus has already succeeded in bringing about tangible benefits, such as the multimillion pound Fishergate public realm project as well as the £1 million lottery Townscape Heritage Initiative to improve Winckley Square’s many listed buildings.

and help to make the city a more attractive location for business and commerce. “The new-look Fishergate will make Preston’s high street much more attractive and help to create a better retail offering. The project will enable pedestrians to move around more easily, and this will lead to a greater footfall, which retail occupiers want to see. “In addition to this, the lottery-funded work in Winckley Square represents another step forward in bringing about a much needed improvement in what is undoubtedly Preston’s jewel in the crown.

“The new-look Fishergate will make Preston’s high street much more attractive and help to create a better retail offering.” “The prospectus was pivotal in getting the European Regional Development Fund money for Fishergate because it set out evidence of how we would create jobs and make the scheme work,” said John. “The prospectus also talked a lot about Winckley Square as an investment opportunity, which would have had a bearing on the lottery funding.” Ian Leigh, Napthens’ chief executive, is confident that these investments will start to make a difference

John Crellin

“These initiatives are a strong indication of the progress being made and clearly demonstrate that actions are louder than words.” Ian continued: “From a business perspective, we have seen a lack of quality office space in the city centre which is a shame when we have such good infrastructure links, particularly with the West Coast Main Line on our doorstep. “In addition, the city has got a better cost and value proposition when compared to Manchester and Liverpool.

Andrew Stringer

“However, it’s good to see that the provision of grade A office space is going to be addressed as this will undoubtedly be key to attracting occupiers to Preston, which in turn will aid the economic regeneration of the city. “The conversations that our commercial property team have had with property professionals tell us that there are requirements for office space in Preston, we just need the accommodation for occupiers and employers.” Another element of Preston’s regeneration is the governmentbacked City Deal which will deliver £1bn of investment over the next 10 years to clear Preston’s trafficchoked roads. Announced in September, the deal involves four major infrastructure projects that will pave the way for 15,000 new homes in an area including the centre and outskirts of Preston, plus South Ribble. “I believe some of Preston’s success in being awarded the City Deal should be attributed to the investment prospectus which promotes the city’s ambitions,” said Andrew Stringer, general manager at St George’s shopping centre in Preston. “The prospectus also highlights opportunities available for investment across the city centre in a structured approach, addressing areas in need of regeneration, as well as showcasing examples of Preston’s existing success stories.” This enthusiasm is taken up by Babs Murphy, chief executive of North and Western Lancashire Chamber of Commerce. “Preston’s City Deal is a clear indication that things are starting to move forward for the city,” said Babs.

Babs Murphy

“This will provide a massive boost for Preston, certainly in terms of new infrastructure and housing development.

Ian Leigh

www.napthens.co.uk

special report: Preston ‘Success City’

Winckley Square - jewel in the crown of Preston

“To repeat the old spelling rule “i before e”, infrastructure before expansion: both are crucial to kick start not just the local economy but the county as a whole. Preston is the economic powerhouse of Lancashire and it’s vital that we use this opportunity to drive development across the rest of the county.” Regeneration and infrastructure projects are mutually beneficial to the local authorities, businesses and UCLan. “Our experience shows that the actual and perceived ‘quality of place’ are important factors in people’s location decisions, including those people making choices about which area they would like to live, work and study in,” commented Professor Gerry Kelleher, vice chancellor at UCLan.

www.napthens.co.uk

“Therefore, we believe further investment in the city centre and its amenities will continue to improve the overall lifestyle offer for the university’s students.” John Crellin confirmed that dialogue with developers confirmed the viability of plans to develop a city centre cinema and related restaurants. “Other schemes aren’t going to happen unless we can get the financial side sorted out,” said John. “For example, the city council has some assets, including listed buildings, which we need external funding to develop. We will sit down and discuss public-private partnerships and explore every option for appropriate development.”

John added: “When Tithebarn collapsed the clock started ticking again. The investment prospectus and early version of the city plan are solid foundations, but they won’t ultimately be successful until investments start coming out of the ground. We’re well on the way, but we must keep working at it to achieve our goals.” The collaboration of the city and county councils, business organisations and the university has impressed all stakeholders – although everyone accepts that there is still room for improvement. “By striking up strong working relationships, the private and public sector in Preston have been able to lay the foundations for success by creating and developing the conditions needed for growth,”

commented the Chamber’s Babs Murphy. “However, big challenges still lie ahead – particularly in ensuring that the business community is fully engaged in decision-making. Developing a fully cohesive regeneration programme will not happen until and unless we achieve this.” So what does the future look like for a regenerated Preston? “The university is developing plans for the future that include working in partnership with local stakeholders to access investment funding to support campus development that will further increase the profile of Preston as a place for investment,” said Gerry Kelleher.

“Major funding streams, such as the Growth Deal and the European investment funds for 2014/20, represent an important opportunity.” Andrew Stringer at St George’s shopping centre feels the city should turn its back on missed opportunities and focus instead on facing the future with renewed confidence and selfbelief. “It seems as though the prospectus created a step-change in how we think and operate,” said Andrew. “Securing the City Deal has added significant strength to Preston’s armoury, and I firmly believe we can and will deliver the vision set out in the prospectus.”

WINTER 2013 in:brief 5

ask the expert / Legal update / Oswaldtwistle Mills: ask the expert:

Inheritance dispute David Barnes is a Litigation partner with expertise in probate and trust disputes. Q: I believe a recently deceased relative was influenced to change her Will by her son. I don’t feel it is what she intended. What can I do? A: Suspicious circumstances alone aren’t sufficient to challenge the validity of a Will. You need to be clear on the difference between influence and undue influence. Undue influence means coercion, not persuasion and can take different forms, including physical and psychological. To challenge a Will on the grounds of undue influence you will require strong evidence of coercion. The critical questions are whether or not coercion has overpowered the freedom of choice of the deceased against their better judgment - and what evidence is available to prove this. Where there is evidence of possible undue influence but there is also a plausible alternative explanation, then a claim of undue influence is unlikely to succeed in Court. Claiming undue influence is a serious allegation. You need to be able to prove that claim or you will be ordered to pay the costs of the case. It is not sufficient to establish that the defendant was simply capable of influencing the deceased – you must prove they actually did so. Although the hurdle is a high one, if you have suspicions it is worth seeking advice because these claims can be won. In one well known case, the Court ruled that a son had motive and opportunity and used undue influence to persuade his mother to alter her Will. His mother was frail, vulnerable and frightened of her son. The Judge concluded that there was clear evidence the son deliberately poisoned his mother’s mind against the original Will beneficiaries. This had the effect of causing her discretion, judgment, freedom and volition to be overborne. The physical and mental strength of the mother were also relevant in this case. In changing her Will, she was doing as she was told - amounting to undue influence.

David Barnes

Contact: David.Barnes@napthens.co.uk 01772 904225

6 in:brief WINTER 2013

Legal update: Keeping the news good for Construction Tricia Morrison, Head of Construction, points to recent figures that show construction activity has grown at its fastest pace for six years. Figures published for October 2013 by the Markit/CIPS Construction Purchasing Managers Index show growth for six months in a row demonstrating that UK construction is finally showing signs of life. Following reports of businesses taking on unprofitable work to avoid empty order books and a period of considerable pain across the sector where insolvencies and redundancies loomed large, those that have remained in business are now noting increased order books although profits have yet to return to 2007/2008 levels. For those of us involved in the sector, we know the landscape has changed since the start of the recession. From a lawyer’s perspective, the return of liquidity gives rise to a number of opportunities as well as risks for our clients. Pre-recession, clients tended to rely on reasonable profit levels and rising development values to fill any breach in construction time and

cost. When the recession took that safety net away, some developments became unviable and were either not taken forward or stopped during construction. Pursuing rights of relief for payment and/or damages frequently became a moot point. Now that levels of work are on the rise it is important for clients, whether employers, contractors, sub-contractors or consultants, to review their construction documents and check that the appropriate risk apportionment is in place. For example: do payment terms reflect how you will get funds from the bank under the terms of the finance agreement? Are you required to pay sub contractors and suppliers before you are entitled to insist upon payment from the employer? During the recession there has been a statutory change to the law, in particular relating to payment terms. Documents must reflect the current legislation. Those administering contracts and contract payments

(whether employer, contractor or sub-contractor) must understand the benefits and pitfalls of the procedure to enhance and secure payment to the business – without entering the dangerous waters of having to pay a contractor or sub-contractor over-inflated sums due to failure to comply with statutory notice provisions. Increased liquidity is likely to lead to increased formal dispute resolution procedures being employed, whether in the courts or by adjudication. Parties will be more likely to proceed with adjudication where the prospects of being able to get paid have improved. In addition, adjudications can now proceed where construction contracts are not evidenced in writing (as long as the contract was entered into after 1 October 2011). Managing risk and promoting cash flow are key issues for any construction business.

It’s crucial to understand the new risk and legal landscape and in particular, the payment structure, to effectively manage risk and cash flow. If you are using construction documentation that has not been revised since 1 October 2011 (and many businesses are) we recommend that it is reviewed as soon as possible and changes understood and implemented.

Tricia Morrison Contact: Tricia.Morrison@napthens.co.uk 01772 904252

Oswaldtwistle Mills looks for growth Oswaldtwistle Mills, one of Lancashire’s largest retail and tourism destination outlets, is looking for further growth in 2014 after successful and progressive trading results over the last four years. During that period Oswaldtwistle Mills has expanded its retail space by 30,000 sq ft to 100,000 sq ft, attracting leading concessions like Edinburgh Woollen Mill, Peacocks, Roman Originals, The Works, Yankee Candle, Thomas Cook and Pavers, as well as converting and letting a 35,000 sq ft business and conference centre which is home to 28 businesses. This March saw the launch of a fourth onsite restaurant, the £100,000 Terrace Tea Room operated by the Massarella Catering Group, while a £200,000 aquatics centre was opened last year as a joint collaboration with Maidenhead Aquatics.

James Allison, Corporate partner at Napthens’ Blackburn recently advised on a deal that saw Oswaldtwistle Mills secure a £3.8m funding package with Barclays to help with its growth plans. Boyd Hargreaves, managing director of Oswaldtwistle Mills, said: “The new deal offers us a much keener level of interest and has allowed us to tidy up our 9.5 acre freehold property portfolio with a strategic building purchase.

“It enables considerable rent savings on a previously leased part of the site and the funding gives good headroom for further development – without adding to turnover, the new deal will help enhance the profitability of the business over the next 12 months. “We have pushed our capital expenditure over the last four years within a difficult climate and have secured funds from various lending avenues to get us where we are now.

It has been a very difficult process but we are well positioned now to push forward.” Oswaldtwistle Mills incorporates more than 100 concession retailers, including many local independents. It attracts more than a million customers per year and is the UK’s leading specialist in bringing coach tours to the facility, attracting over 1200 coaches every year. www.o-mills.co.uk

The business generates its income from commission payable on handling charges and rents, acting as managing landlord and site developer with a focus on marketing to drive footfall.It manages direct operations in giftware, garden, rise and recline furniture, a food deli and a sweet shop.

www.napthens.co.uk

Face2Face / firm news:

FACE2FACE: An illuminating future for Blackpool In our latest Face2Face, Napthens’ chairman, Commercial Property partner and chairman of the Blackpool Business Leadership Group (BBLG), Martin Long meets Alan Cavill, assistant chief executive at Blackpool Council to discuss the town’s regeneration plans and if they’ll give the shot in the arm the local economy needs.

Booths secures supply chain with advice from Napthens A team from Napthens played a key role in a deal involving regional supermarket chain Booths. The household name company, which operates 29 stores across the North West from its headquarters in Ribbleton, Preston, has acquired wholesale fruit and vegetable supplier Sharrocks Fresh Produce Ltd.

Alan Cavill and Martin Long

Alan Cavill (AC): Blackpool remains the most enduring and popular seaside destination in the UK. The tourism offer continues to develop through large-scale investment and the arrival of Merlin Entertainments in the resort has helped create the largest cluster of branded visitor attractions outside London. Tourism aside, we have an outstanding further education offer which is aligning itself to the needs of employers and it is improving. Martin Long (ML): I couldn’t agree more. The sense that Blackpool is a “business friendly” destination is becoming widely acknowledged and we will do everything we can to ease the path of businesses that wish to invest here. Our public sector partners have also made great strides in engaging with the private sector to help businesses maximise the opportunities that may arise from regeneration. The key to bringing businesses to the town is getting the business-friendly message out there. AC: Yes, that’s right. The investment that has gone into Blackpool has transformed the seafront and created a unique tramway combining heritage trams with contemporary commuter trams, establishing a platform for businesses to capitalise on this investment. At a time when large scale development has dried up in many UK towns and cities, we have got further large-scale development at Talbot Gateway that will revitalise that part of Blackpool, providing a real boost to the economy. ML: I agree, there is a real sense of progression following the Talbot Gateway development and that has certainly improved confidence.

www.napthens.co.uk

Businesses which have committed to taking units in that development will improve the retail and leisure offering and attract the large population on the Fylde Coast back into the centre. Private sector investment in the Talbot Gateway will exceed £200m and in my view that is a vote of confidence in Blackpool. AC: Add that confidence to our very good transport connections with excellent, dedicated motorway links and an airport, then people can recognise it’s a great place to do business. We also have a contemporary tramway system running between Blackpool and Fleetwood and the prospect of rail electrification. A tramway extension from North Pier to Blackpool North railway station will also connect many people to the national rail network that will make business travel easier. ML: In my view, a key challenge is to secure the restoration of direct Blackpool to London rail services. Virgin Trains, the current operator of the West Coast Main Line, is keen to reintroduce services twice-daily, but is being frustrated by Network Rail performance issues. However, the Council and the BBLG will continue to lobby, as direct London services are important for the business community - particularly in attracting national conferences to Blackpool. AC: Our economic development team is also geared to giving businesses the sort of advice and support that will help them thrive. There are numerous examples where we have been able to work with businesses to help them achieve their growth plans and, in doing so, create new employment. We’ve

also set up our own Blackpool Investment Fund – a grant and loan scheme that is part of a range of financial support that can be offered to businesses. ML: That type of support is critical for businesses in Blackpool. There’s also an appetite from developers to assist with the future development of existing capacity at business parks such as Whitehills and the Airport. There has already been a noticeable resurgence of commercial development this year but working with regional partners we can encourage investment and stimulate economic growth for the area. AC: Couldn’t agree more. I see a very positive future for the town. In addition to the business support, there are exciting development proposals that will contribute to the long-term regeneration of Blackpool. The old Central Station site, just off the Promenade between Central Pier and The Tower, has the potential for a huge year-round leisure development that could create up to 2000 new jobs. The continued

development of the Winter Gardens with a new heritage museum at its heart can create an anchor for an enhanced town centre offer, as can potential future phases of Talbot Gateway and the Hounds Hill shopping centre. ML: I also see Blackpool playing a key role in the renewable energy sources with companies working in the energy sector being encouraged to operate in this area. Furthermore, there are new housing schemes already underway – namely the Hollinwood Homes £50 million Foxhall Village development and these will bring quality, affordable housing into previously run-down areas of the town. Coupled with stricter controls on rented property, this will mean that we can create more sustainable and better quality environments, making Blackpool an attractive place to live and visit.

The transaction was made possible thanks to advice from Keith Melling and Robert Dobson in Napthens’ Corporate team, Head of Employment Chris Boyle and Commercial Property partner Andrew Ferguson. Booths has worked with Sharrocks, based at Chain Caul Way on Preston Docks, for more than 40 years. The part of the business unconnected with Booths will continue to operate under the well-known Sharrocks name, led by Sharrocks finance director, Paul Whittle. Both Booths and Sharrocks are family businesses, with a long history of trading in the area. E.H. Booths & Co. Ltd was founded in 1847 with just one small shop in Blackpool, by tea dealer Edwin Henry Booth. Sharrocks is currently operated by Brian, Derek and Graham Eastham, working with supermarkets, independent greengrocers and secondary wholesalers. Robert Dobson said: “This acquisition is a great opportunity for Booths to secure its supply chain and bring the business closer to its growers and producers.” Edwin Booth added: “This is our first acquisition of a supplier in our 166 year history. We have worked closely with the Eastham family for many years and we know that they share the same ethos and values when it comes to supplying customers with quality produce. This will only further strengthen our own offering to our customers.”

WINTER in:brief 7

and finally:

Red Rose sponsorship Richard Robinson

Me and my... cycling He may not be Sir Bradley Wiggins but Corporate partner, Richard Robinson is certainly clocking up the miles around the Lancashire countryside. “I really got into my cycling a few months ago and got the bug following the increased media spotlight on the sport because of Wiggo’s triumph in the Tour de France and how well team GB did in the Olympics. “It’s a great sport – something that can really push you but it’s also something you can do on your own or ride as a group. “The benefit of riding with a group is that you can begin to improve your fitness and times as you need to keep up with the better riders.” Richard currently rides over 100 miles a week. “As I live in Chorley I ride the 114 mile Ironman UK Bike course which takes in Pennington Flash in Leigh and includes 5249 ft of climbing while riding through Rivington, Belmont, Abbey Village, Wheelton, Eccleston and Charnock Richard. I certainly feel I have achieved something once I get off the bike.”

His current pride and joy is a Ridley and the bikes are used in the Lotto Belisol Cycling Team. “My bike is not as expensive as some. You can really spend a lot of money on a bike – certainly in excess of £5,000 - and you’ll find that a red hot cyclist will have different bikes for seasons or for specific events such as time trials.” Richard’s training regime is now winding down during the winter months but he will be spending more time in the saddle next year as he’s participating in a sportive which is an event that cyclists compete in to challenge themselves and aim to beat a certain time. “I’m entering the 55 mile Jennings River Ride next May. I’m really looking forward to taking part in my first competitive event.”

Richard has also been running a Napthens’ social bike ride on Wednesday evenings which has now finished for the winter. “We’ve had a good turnout and the range of abilities is quite wide, from novices through to really good riders but it’s more social than anything. “A chance for like-minded people to have a ride, chat and network and we plan on running them again next year. “I would advise anyone looking to get into cycling is to get some decent padded shorts and some chamois cream. They are a very worthwhile investment!”

Napthens has announced it is sponsoring the Medium Business of the Year category in the 2014 Red Rose Awards.

business award which we see as a showcase for some of the most interesting businesses – not just in Lancashire, but in the UK.

The popular event, celebrating Lancashire business, commerce and industry, aims to shine a spotlight on businesses nominated in more than 20 different categories. The awards are organised by Lancashire Business View magazine.

“To enter businesses need to submit up to 1,000 words about their business using the online form. Those shortlisted will be invited to an interview; I look forward seeing plenty of Napthens’ clients putting themselves forward for the various categories this year.”

The Medium Business of the Year category is open to companies with between 21 and 80 employees. Oliver McCann, Employment partner in Napthens’ East Lancashire office, said: “As a Lancashire-based firm Napthens enjoys working with a diverse range of great businesses across the region. So we’re delighted to sponsor the medium

The closing date for entries is Friday, January 17. For more information visit: www.redroseawards.co.uk

New starters at Napthens swell the ranks years and Daniel joins Napthens from niche Manchester commercial firm Lockett Loveday McMahon.

If you want to know more about Napthens’ social bike ride, please email Richard for more information.

Martin Beardsworth, partner and Head of Commercial Property, said: “Marc, Tom and Daniel bring with them many years of high calibre commercial property experience which will greatly benefit our team and the clients we act for.”

Contact: Richard.Robinson@napthens.co.uk 01254 686208

Warning to cohabiting couples

The 2013 awards attracted more than 900 people and this year’s ceremony is expected to prove as popular when it takes place at Blackpool’s Winter Gardens on March 13 next year.

Matthew Tomlinson Recent appointments to the firm have seen a number of departments boost their numbers.

Solicitor Matthew Tomlinson has joined the specialist Business Recovery team from his previous roles at DLA Piper and Addleshaw Goddard. He will work closely with head of Business Recovery, Jane Haymes.

A family law expert is warning cohabiting couples to be aware of the law regarding their rights – and its limitations.

Helen Lucking, partner in the Family team, warns that an increase in the number of cohabiting couples could create its own legal difficulties.

Recent figures published for the first time from the 2011 census, shows that marriage rates in the UK have fallen – the number of people old enough to marry who have done so has fallen from 51 per cent to around 47 per cent.

According to Helen, many couples who live together but are not married believe they have legal protection if they were to separate, much like a married couple.

Preston:

Blackburn:

Blackpool:

Chorley:

Penrith:

7 Winckley Square,

Greenbank Court, Challenge Way

Libra House, Cropper Close,

10-12 St Thomas’s Road,

Ground Floor Offices

Preston,

Greenbank Business Park

Whitehills Business Park,

Chorley,

Agriculture House, Cromwell Road

PR1 3JD

Blackburn, Lancashire BB1 5QB

Blackpool, FY4 5PU

PR7 1HR

Penrith, Cumbria, CA11 7JW

DX 714572 Preston 14

DX 745450 Blackburn 12

DX 745260 Blackpool 20

DX 18412 Chorley

Tel: 01768 807040

Tel: 01772 888 444

Tel: 01254 667 733

Tel: 01253 622 305

Tel: 0845 260 2111

Fax: 01768 758775

Fax: 01772 257 805

Fax: 01254 681 166

Fax: 01253 295 591

Fax: 01257 260 096

E-mail: Penrith@napthens.co.uk

Email: Preston@napthens.co.uk

Email: Blackburn@napthens.co.uk

Email: Blackpool@napthens.co.uk

Email: Chorley@napthens.co.uk

She said: “Cohabitation is not the same as marriage. A marriage brings

with it protection for spouses in terms of bank accounts, property and pensions. With cohabitation, that protection does not exist, so it is a good idea for a couple to draw up a cohabitation agreement and remove most of the arguments and disputes should they separate in the future.” Contact: Helen.Lucking@napthens.co.uk 01253 832353

Solicitors Marc Appleton, Tom Dickinson and Daniel Boulton have joined the Commercial Property Department. Marc previously spent 12 years at Addleshaw Goddard, Tom was with Brabners Chaffe Street for eight

Meanwhile Victoria Taylor qualified as a solicitor in the Wills & Estate Planning team. Amie Knighton and Sophie Coane have recently joined the firm as trainees.

www.napthens.co.uk Napthens LLP, registered office: 7 Winckley Square, Preston, Lancashire PR1 3JD. Napthens® is a registered trade mark of Napthens LLP. Napthens LLP is a limited liability partnership registered in England and Wales: OC325775. The term “Partner” indicates a member of Napthens LLP who is not in partnership for the purpose of the Partnership Act 1890. A list of members is available from our registered office.

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