Dorchester Markets Informal Joint Panel

31 January 2024

Future Operation of Fairfield Market

For Decision

Portfolio Holder: Cllr L Beddow, Culture and Communities

Local Councillor(s): Dorchester Wards

Executive Director:	Jan Britton, Executive Lead for Place

Report Author: Graham Duggan

Job Title: Head of Community & Public Protection

Tel: 01305 252285

Email: graham.duggan@dorsetcouncil.gov.uk

Report Status: Public Choose an item.

Brief Summary:

The contract for the operation of Fairfield Market expires in 2026. This report provides information on initial investigations of the routes available to secure a new market operator.

Recommendation:

To request that officers propose a recommended route for the procurement or appointment of a new market operator to the next scheduled meeting of your Panel.

Reason for Recommendation:

To ensure the continuance of Fairfield Market in accordance with the Royal Charter for the benefit of the community and local economy.

Report

A Royal Charter to provide a market was granted to Dorchester in 1629. Since 1984, the market has been operated under the governance of the Dorchester Markets Joint Committee/Panel (the Panel) with a 99-year lease on the Fairfield site. The current operator was awarded the contract in 2001. The contract expires in 2026 and it is not capable of extension. Your Panel appointed a sub-group to investigate the options for future operation of the market and officers have been undertaking initial investigatory work.

The options available are broadly to either undertake a competitive procurement process and award a new contract to the successful tenderer or, to bring the operation of the market in-house and for it to be directly managed. Dorchester Town Council (DTC) has expressed interest in operating the market from 2026 and this report focuses on initial advice received about options.

Dorset Council is the freeholder of the site with a long-term lease in place to the Market Trustees (certain holders of office from both councils). For necessary investment in the infrastructure of the site for the benefit of market activity, a commitment to a reasonable period of operational control is necessary. The current operator contract has been in place for over twenty years and investment did take place in the initial period by the operator (e.g. erection of indoor market hall and covered external pitches). There is a need for investment to re-vitalise trading performance which may include the re-modelling of the indoor market hall and productive use of The Linneys.

Initial discussions have taken place with Dorset Council, Assets & Property, who have indicated support for an approach which would provide the Panel with agreement to secure a new market operator based on an initial term of 10-years with an option to extend for a further period of 10-years by mutual agreement. Whilst subject to further legal advice, this period is considered suitable to enable investment.

Initial advice has been received from Dorset Council’s Legal and Procurement officers. There are a number of complexities around the current governance structure including the creation of the Joint Informal Panel in 2010 from the former Joint Committee as a result of the contract to the current operator reducing the Joint Committee’s powers and functions. However, it is clear that if the Panel sought to secure a new external operator, a competitive tendering exercise would be required. If the Panel sought to appoint DTC as the operator, a competitive tendering exercise would not be required but there would be a need for further consideration of the governance structure. Many Town Councils operate markets directly, Bridport Town Council is a close example, but the historical shared governance arrangement in Dorchester is more unique.

It is considered that the Panel needs to have a route agreed to procure or appoint the next operator of the market in this calendar year. This then leaves 2025/6 for the process to run and transitional arrangements to take place. Subject to your agreement today, officers will support the sub-group in making a recommendation to your next meeting on the most appropriate option and the associated process.

Appendix 1 provides some initial thinking about the benefits and issues of each option outlined in this report.

Financial Implications

None at this stage however, a financial appraisal will be given with the next report.

Natural Environment, Climate & Ecology Implications

The sale of goods within urban centres can reduce the need for travel and carbon footprint.

Well-being and Health Implications

Thriving market environments can be a valuable community asset as a place to meet, eat and greet. The sale of fresh, healthy foodstuffs at competitive prices can support people in managing their budgets.

Other Implications

Economic impact – supporting small traders and adding vitality to the local area, extending shopper footfall.

Risk Assessment

HAVING CONSIDERED: the risks associated with this decision; the level of risk has been identified as:

Current Risk: Medium

Residual Risk: Medium

Equalities Impact Assessment

An assessment will be undertaken as part of the decision making process for deciding the appointment/procurement option. This will be referenced in the next report.

Appendices

Appendix 1 – Initial Benefits Appraisal

Background Papers

DCLG – Market Management Models 2010

Report Sign Off

11.1	This report has been through the internal report clearance process and has been signed off by the Director for Legal and Democratic (Monitoring Officer), the Executive Director for Corporate Development (Section 151 Officer) and the appropriate Portfolio Holder(s)

Appendix 1 – Initial Benefits Appraisal

Benefits	Issues
Contracted	Clear relationship between client & contractor Sector expertise Performance standards in contract Potential to set minimum income level Less direct cost to the Panel Less commercial risk to the Panel	Less flexible to adapt to changing circumstances Less control over market offer and commercial focus
In-house	More control over market offer to community Greater investment in the success of the market More flexibility with the operation of the market Able to react to changing circumstances quickly Would allow greater coordination of market activities across the town	Higher direct costs (staff etc.) Resilience Sector expertise Availability of investment