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Moray businessman wins case against ‘Soviet style’ Elgin BID levy

David Cairns
David Cairns

A Moray businessman who fought a mandatory membership fee all the way to court has won his case.

Newsagent David Cairns initially refused to pay what he called a “Soviet style” Elgin BID levy – a payment taken from town centre firms to pay for improvements in the area.

The Baggs of Elgin owner faced legal action from Moray Council which wanted to seize £180 worth of goods from his shop to meet the charge.

However, the case has been thrown out after Mr Cairns proved the authority had “substantially undervalued” his stock.

Last night he declared the verdict a “small victory”, but said he was committed to safeguarding a level playing field for small business owners like himself.

He said he was particularly concerned about large chains attempting to join the BID scheme since its aim should be to protect members from the effects of out-of-town retail giants.

Elgin BID Manager Gill Neill insisted the group was committed to helping all of its business members to encourage more visitors and shoppers back into the area.

Of 450 businesses balloted on the group’s creation in 2009, just under half voted, with 75% of those backing the project.

However, Mr Cairns said: “It seems that they just want to foist BID on us one way or another. I feel that the town centre shopkeepers should get together and oppose it.

“At some point, I still owe them the money, everyone is paying it. That’s not the problem.

“This scheme should be aimed at helping the smaller businesses in the our town centre. That’s all I want.”

Ms Neill said feedback had shown the Elgin BID’s efforts were already boosting town-centre businesses by increasing the number of shoppers in places such as the St Giles Centre where Mr Cairns’ shop is located.

She added: “Our events have been proven to increase footfall and when we run events we organise activities specifically designed to encourage people to move around the city, including the St Giles Centre.

“By increasing the footfall through the centre, we are increasing the opportunity of the centre businesses to promote their stock and special offers.”

Moray MSP Richard Lochhead said larger chains wanting to join the BID scheme should make clear how they feel their membership will benefit the wider business community.

“There’s no doubt that, in recent years, the advent of large supermarkets and out-of-town shopping has undermined our High Street and town centres,” he said.

“However, I commend the Elgin BID and everyone involved for the huge effort they are making to inject a new lease of life into the city centre.

“I think the community are actually very aware of the positive impact.”