Helping Barnsley Civic navigate lease complexities to support their redevelopment

A historical cultural hub that has been at the heart of Barnsley since 1878, Barnsley Civic Hall, as it was then known, is a contemporary arts centre comprised of a 330-seat theatre which hosts around 120 performances every year. Barnsley Civic is proactive in promoting local creative talent in Barnsley, hosting performances of local theatre groups and promoting aspiring artists by showcasing their work in its dedicated art gallery.

Barnsley Civic, currently operating only in the rear of the building, launched its ambitious Capital Project in 2020 to reopen the building's front entrance after 26 years onto Barnsley's busiest high street. Once open there will be a full range of amenities, with everything from cafés, bars, and restaurants to communal spaces for leisure and office hire.

As part of the redevelopment process, Commercial Property Solicitor, Genevieve Booker, was instructed by Barnsley Civic to grant a lease to its own trading company. As Barnsley Civic operates as a charity, this arrangement with its trading company would help reduce its tax liabilities in connection with their extensive redevelopment works. Differing regulations set by the Government’s Charity Commission mean that Barnsley Civic must adhere to specific rules when granting property leases as a charity.

Genevieve also ensured that the group company lease ties in well with future subleases and gives Barnsley Civic flexibility to grant subleases on terms that can accommodate all types of tenant. The flexibility allows Barnsley Civic to tailor its offerings to the specific needs of each tenant. This can help to attract and retain tenants and can also help to ensure that the building is used in the most efficient and effective way possible.

Working with Barnsley Civic Hall, Genevieve comments:

It’s been really interesting to work with them on this matter because I have been able to give more detailed advice on the terms of the lease than I would do in a typical transaction, particularly in ensuring that the group company lease ties in well with future subleases and gives Barnsley Civic the flexibility to grant subleases on terms that can accommodate all types of tenant. It’s also been great to work collaboratively with the charity’s accountants with the preparation of some very bespoke tax-driven lease clauses.

Benefitting from our Enable subscription plan, Barnsley Civic Hall receive one hour of legal advice every month with access to our full spectrum of business legal services at discounted hourly rates.

When asked why the Enable plan works for them, Anthony comments:

Taking on the Enable plan has made everything easier for us. There’s a very clear pricing plan and set number of hours. We operate as a charity, and we don’t have this kind of legal expertise in-house, so it’s been great to have Genevieve on hand throughout our redevelopment. It’s almost as if she’s been a part of our team.

With the extension of the building set to open in early 2024, the team at Barnsley Civic are working actively to spread the word of the redevelopment to engage with more people across the borough.

Expressing her excitement on working with Barnsley Civic on the Capital Project redevelopment, Genevieve adds:

I think the redevelopment works to the Civic is a really exciting project that will boost the local economy and increase footfall in the town centre with the added benefit that the charity can reinvest some of the proceeds into future projects so that the people of Barnsley can enjoy the arts and creativity that the Civic has on offer.