Decisions

The authority is required under paragraph 40 of schedule 1 to the Local Government finance Act 2012 to make calculations, and supply information on their anticipated collectable business rate income for the following year. This report sets out the calculations and seeks approval by the Council’s Chief Financial Officer. These figures will form part of the funding in relation to the Council’s 2022/23 budget.

The Local Government Finance Act 2012 amended the 1988 Local Government Finance Act to give local authorities the power to retain a proportion of funds obtained from business rates collected in their area.

The Department for Levelling Up, Housing and Communities guidance requires each billing authority should formally set a Business Rate baseline each year. This baseline will be the authority’s estimate of the business rates it forecasts to collect in the following financial year, net of any reductions such as reliefs and the estimated cost of appeals.

The Government introduced pilot schemes in 2017/18 in advance of permanent reforms to business rate retention later in the parliament. Initially only authorities with signed devolution deals were eligible to participate in a pilot in 2017/18. The pilot for the West of England (WoE) commenced in 2017/18 and includes Bath & North East Somerset Council, Bristol City Council, South Gloucestershire Council, and the West of England Combined Authority.

The 100% pilot gives the WoE the opportunity to retain 100% of any business rates growth over the next year, with no downside financial risk when compared to remaining in the national system. It also gives the WoE the opportunity to help shape the national scheme.

In line with the Government’s stated intention for the reforms to the Business Rate Retention system, authorities participating in a pilot will not have to pay a Levy on growth above their Retained Income target and will retain an increased Local Share of Non-Domestic Rating Income and sums due from Government paid via Section 31 grant. The Pilot includes the rolling in of the Revenue Support Grant with WECA receiving a small share of the business rates to reflect the rolling in of the DfT Integrated Transport Block and Highways Maintenance Capital Grants; this is shown in Table 1 below.

In line with the approval process for the Council Tax Base, the decision on the Business Rate forecast is delegated to the Council’s Chief Financial Officer. The Department for Levelling Up, Housing and Communities requires the council to submit details of its forecast through a statutory return called the NNDR1. This return must be submitted by 31st January 2022.

The estimated business rate income for 2022/23 is £56.262m; of this the Council retains £13.293m after the tariff payment to the Government is taken into account. A breakdown is shown in Table 1 below.

Table 1 Business Rate Distribution

Anticipated Business Rate Distribution 2022/23
£m
Bath & North East Somerset Council Business Rate Income (Total business rates collected after deductions) 56.262
Central Share to Government 0.000
5% Share to WoE Combined Authority (2.813)
1% Share to Avon Fire Authority (0.563)
Deductions for Tariff (39.593)
Bath & North East Somerset Council estimated retained Business Rates 13.293

As in previous years, the Government has announced a series of measures that continue to affect the business rates income of Local Authorities in 2022/23. These changes are:

i. Capping the increase in the business rates multiplier at CPI instead of RPI with effect from 1 April 2018.

ii. Freezing of the business rates multiplier in 2021/22 and 2022/23.

iii. Capping the increase in the business rates multiplier at 2% in both 2014/15, 2015/16 and post 2018/19 (rather than it increasing in line with September RPI increases of 3.2% and 2.3%).

iv. The doubling of Small Business Rate Relief made permanent from 1st April 2017 with changes to eligibility thresholds.

v. The doubling of rural rate relief to be awarded through discretionary relief until such time as the Government can make the necessary changes to primary legislation.

vi. Discretionary relief of £1,500 in respect of the office space occupied by local newspapers. Extension of the scheme for a further 5 years until 2024-25 was announced in January 2020; and

vii. A 100% relief for public lavatories. This scheme was announced at Budget 2018 and was implemented by the Non-Domestic Rating (Public Lavatories) Act 2021.

viii. The 2022/23 Retail, Hospitality and Leisure Business Rates Relief Scheme will provide eligible, occupied, retail, hospitality and leisure properties with a 50% relief, up to a cash cap limit of £110,000 per business.

ix. Extension of the current transitional relief scheme and the supporting small business scheme for one year to the end of the current revaluation cycle. The scheme will restrict increases in bills to 15% for businesses with small properties (up to and including £20,000 rateable value) and 25% for medium properties (up to and including £100,000 rateable value).


All the above measures will be compensated through payment of a section 31 grant. The Council has estimated the impacts of these reliefs and has included the estimate of grant income in its 2022/23 budget.

The Council’s budget for 2022/23 also reflects transactions relating to the business rate pooling arrangements within the West of England City Region Deal agreement. These arrangements have been set out in previous budget reports.

The Section 151 Officer is required to estimate the amount of any surplus or deficit on the Collection Fund relating to Business Rates as at 31st March 2022. This must be done by the 31st January 2022, and this report also asks the Director of Finance to approve the balance projected related to Business Rates.

As a result of pressures associated with the Coronavirus pandemic, and the potential for authorities to estimate larger-than-normal deficit on the 2020-21 Collection Fund, the Government introduced legislation to allow authorities to spread certain elements of the estimated deficit on the 2020-21 Collection Fund over the three years 2021-22 to 2023-24.

After calculations of current year collection and adjustments to the business rate base in 2021/22, including making provision for appeals, it is estimated that the 2021/22 collection fund account position relating to business rates will be in deficit by £22.194m (after adjustment of £0.988m for the 3 year spread allowance). The deficit will be shared between the Council, WECA and Avon Fire Authority in line the 100% pilot shares. The Council’s share of the deficit to be recovered in 2022/23 is £20.863m.


The 2021/22 Council’s share of the estimated deficit includes £18.506m which relates to the extended retail relief, which was introduced by government after the 2020/21 budget was set. The s31 compensation grant in respect of this change is to be received in 2021/22 and will be transferred to the Business Rates s31 Grant Reserve so it is available in 2022/23 to offset recovery of this element of the deficit.

The 2021/22 Council’s share of the estimated deficit also includes £4.036m which relates to the Covid Additional Relief Fund introduced by government on the 25th March. The fund will be available to support those businesses affected by the pandemic but that are ineligible for existing support linked to business rates. The s31 compensation grant in respect of this change is to be received in 2021/22 and this will also be transferred to the Business Rates s31 Grant Reserve so it is available in 2022/23 to offset recovery of this element of the deficit.

After allowing for these two elements of the forecast deficit which are funded by s31 grants, the Council’s share of the remaining balance is a surplus of £1.679m.

£0.988m of the 2020/21 forecast deficit is budgeted for recovery in 2023/24 in line with the Local Authorities (Collection Fund: Surplus and Deficit) (Coronavirus) (England) Regulations 2020 (SI 2020/1202). The Council’s share is £0.928m.

The overall position of the forecast 2022/23 business rate income and the forecast 2021/22 deficit on the collection fund have been taken into account in the overall Council’s budget proposal which will be presented to Council on the 15th February 2022.

That the calculation of the Council’s business rate forecast for the year 2022/23 as set out in this report be approved. The total forecast Business Rate income for 2022/23 is £56.262m, of which the Council will retain £13.293m after allowing for the required tariff payment of £39.593m and the WoE Combined Authority and Fire Authority shares as shown in Table 1 of the report.

That the projected deficit on the collection fund as at the end of 2021/22 related to Business Rates is declared at £22.194m (after adjustment of £0.988m for the 3 year spread allowance). The Council’s share of the deficit to be recovered in 2022/23 is £20.863m, which includes an estimated £18.506m in respect of the enhanced Retail Relief, and £4.036m in respect of Covid Additional Relief Fund, with both being compensated through government s31 revenue grant funding.

That £0.988m of the deficit is budgeted for recovery in 2023/24 in line with the Local Authorities (Collection Fund: Surplus and Deficit) (Coronavirus) (England) Regulations 2020 (SI 2020/1202). The Council’s share is £0.928m.

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