In The News

January 2015 – McDonald’s New Zealand has launched its first Customer Learning Lab’ which offers a touch-screen-operated ‘Build your own burger’ facility and table service

A young Mt Maunganui woman has been recognised as one of the next generation leaders in the franchise industry worldwide

An Indian immigrant who bought a Mr Green franchise in Christchurch fears that he has lost his $19,500 investment after the local master franchisee was struck off the Companies Register. The master franchisee, Richard Dean Smith, says that the money will be refunded in stages.

His lawyers Lane Neave say under the franchise agreement, Thomas was supposed to receive two weeks' training, during which he would be paid by MGC, and MGC was supposed to provide a list of customers that would return about $1000 a week initially.

The business was supposed to start on September 25 but no training and no customers came in the first few weeks.

Thomas said he began to worry and Smith was increasingly more difficult to contact.

When he did talk with Smith, he "was always promising something would happen next week."

Read more at http://www.stuff.co.nz/the-...

A Night'n'Day franchisee in Masterton is selling his franchise after his actions led to calls for a boycott of Night'n'Day and petrol company Gull. Franchisee Nick Lucas apparently docked employees' wages if customers drove off without paying for fuel.

Masterton employment lawyer Jills Angus Burney said she had received information that Lucas had been forced to sell by Gull and Night 'n Day after boycott calls.

"He has been required to relinquish his franchise because the parties to the franchise are unhappy with the financial impact of the publicity around the illegal deductions."

Night 'n Day chief executive Tony Allison denied forcing Lucas to sell. "I wouldn't say we brought it about, I'd say Nick brought it about . . . Nick came to his own conclusions."

Allison conceded the bad publicity had affected sales nationally, but said it was too soon to blame anyone, as an investigation was still under way.

Read more at http://www.stuff.co.nz/domi...

The Mr Rental franchise has acted quickly to address concerns raised in the Christchurch Press over debts run up by two clients of Aviva, formerly Christchurch Women's Refuge. In an apparent misunderstanding, one of the women used a loan from the agency intended for the purchase of household goods to rent them instead. Another woman spent $30,000 renting items over a few years. Mr Rental has said the franchisee in question 'may have operated outside the recommended franchise business model' and has reportedly offered to wipe the slate clean for both customers.

One of Aviva's loan recipients, a beneficiary, paid $8000 over 18 months to rent a "substantial" list of household items from Mr Rental in Blenheim Rd, she said.

"I believe she [thought] it was a rent-to-buy situation. Yes, it's consumer responsibility but what if [people] don't understand the language? I genuinely think the option to rent is good for some circumstances [but] whose responsibility is it to say, 'How long do you want it for?'

Read more at http://www.stuff.co.nz/busi...

Veritas Investments, owner of The Mad Butcher, is looking at a buy-back of its shares, which it considers under-valued. It is also to buy the Better Bar Company.

'At the company's annual meeting in Auckland yesterday, chairman Mark Darrow said the Veritas board would investigate a buy-back as part of a review of its capital structure early next year. Shares in Veritas last traded at $1.25, below the $1.30 price it listed at after buying the Mad Butcher chain in May last year.'

Read more at http://www.stuff.co.nz/busi...

November 2014 – The Franchise Association has created five new life members

17 November 2014 - Retail Food Group has terminated its planned purchase of the La Porchetta franchise, although discussions are continuing. The purchase of Cafe2U, which was anounced at the same time, has been completed.

In an announcement to the Australian Securities Exchange this afternoon, RFG said the share purchase agreement (SPA) for the La Porchetta deal has been terminated but discussions are continuing.

“The SPA was subject to a number of conditions, including satisfactory completion of the company’s due diligence investigations,” said RFG.

“RFG advises that the foregoing condition has been satisfied, and as a consequence, the SPA has been terminated.”

“Notwithstanding the forgoing, RRG is presenting engaging with the La Porchetta vendors in connection with those matters which have influenced the above outcome, and will keep the market advised of any future developments.”

Read more at http://www.smartcompany.com...

15 November - Specsavers is the 2014/15 Franchise System of the Year and Ivy Joe of The Coffee Club is New Zealand's top franchisee for the third year in a row - possibly a world record!

Christchurch franchisor Mike Pero has won a fight to stop law frim Buddle Finlay acting both for and against him

The decision by Buddle Findlay to act for MPM while still acting for Mike Pero in Christchurch was first challenged by Pero back in June, he said.

"I raised the conflict of interest immediately when I heard they had decided to act for and against me. I thought from the beginning they could not possibly be serious.

"I spent weeks trying to persuade Buddle Findlay against what I considered to be unethical," he said.

Read more at http://www.stuff.co.nz/busi...

12 November 2014 - BurgerFuel has reported a net profit after tax for the 6 months ended 30 September of $213,215, a 122% increase on the same period last year.

'Group Operating Revenue was up 27.1 percent to $8.5M with BurgerFuel Total System Sales up 29.4 percent to a record $38.6M for the 6-month period. System sales growth continues and BurgerFuel rolling weekly system sales are now in excess of $1.5M per week.

Read more at http://www.burgerfuel.com/n...

A change of attitude by Immigration New Zealand has made it harder for franchisees to find suitable staff at a time when unemployment is declining. One franchisor has already contacted Franchise New Zealand to draw attention to the problem, while availability of suitable staff was identified as a significant barrier to growth in the recent Franchising Confidence Index survey.


According to immigration specialists Laurent Law, the definition of retail, cafe/restaurant managers and office managers requires that such a manager must 'organise and control' key aspects of the business - inclluding such 'high-level' matters as budgets, pricing of products and advertising. Because those aspects are substantially decided centrally within a franchise, someone working in a franchise 'has so little control over those high-level functions that they are simply not managers' - so their Residency application is likely to fail. Read the full Laurent Law article here.


The NZAMI has apparently lobbied Immigration NZ about this to little effect - perhaps it's time for the Franchise Association, Retailers Association and Hospitality NZ to join forces?

'... although the IAC mentioned above requires Immigration officers to consider each case “holistically” – looking for instance at the size of the operation, the organisation of the branch where the applicant works and so on – to decide how much responsibility they actually have, in fact we see them focusing on ticking off the Core Tasks of the job (according to ANZSCO) as not being performed by the applicant, even though the person actually exercises considerable skill to run a department of a large store.  We therefore see the ludicrous situation that someone who manages a High Street clothing shop with 2 other staff will be approved Residence, while another person with 20 staff to run, who is required to apply the complex policies of a division of a department store, will be declined.

Why is this situation so fatal?  Well, according to immigration Policy the ANZSCO is a Bible which lists every job that exists.  In the Skilled Migrant system, your job has to match some occupation on the ANZSCO.  In the case of retail, you are either  a Retail Manager – which is “skilled employment” and gets you points toward Residence – or you are a Retail Supervisor who runs a team of staff and whose job is not skilled enough, so you don’t get points.  And in almost all cases you must have skilled employment before they will give you Residence. In many cases whole application fail on this point alone.'

Read more at http://blog.laurentlaw.co.n...

10 November 2014 - Lollipops Educare and Porse Group are among the brands to be acquired by the newly-created childcare conglomerate Evolve Education Group if a Trans-Tasman IPO is successful.

Newly-created childcare conglomerate Evolve Education Group has confirmed a prospectus for an upcoming initial public offer will be lodged on Friday, or thereabouts.

The offer will be available to New Zealand and Australian resident clients of New Zealand and Australian brokers who receive an allocation from Evolve, as well as to institutional investors in these countries and other selected jurisdictions, the company said in a statement at midday.

 There will be no general public offer.

Read more at http://www.nbr.co.nz/articl...

One of Australia's most successful café chains is coming to New Zealand and looking for franchisees for some of the country's top locations.

Shingle Inn currently operates a network of over 45 cafés across Australia. Now the award-winning franchise is inviting Kiwis to join the family and embrace the culture and tradition that have become part of the quintessential Shingle Inn café experience.

Read more at https://www.facebook.com/Fr...

An Xpresso Delight franchisee in Tauranga is happy to give his business away as ill health prevents him developing further.

In an ideal world he would love to see his franchise have some benefit to the community at large.

Brian's offered it to a local wananga (education provider) believing it could give students hands-on experience of businesses operations, but found too many obstacles in the way.

A Rotary group was also offered the opportunity to broker its sale but they were not interested, he says.

Brian says: “If there's a creative way of doing some good for the community then I'm open to it.

Read more at http://www.sunlive.co.nz/ne...

5 November 2014 - Restaurant Brands acquires Forsgren's seven Carl’s Jr. stores in Auckland, plans to sub-franchise.

3 November 2014 - With excitement building towards the announcement of the Westpac New Zealand Franchise Awards later this month, the Franchise Council of Australia has named the winners of the MYOB FCA Excellence in Franchising Awards.

Secrecy surrounds the nature of legal actions being taken against Mike Pero by the company he founded.

Christchurch businessman Mike Pero is facing High Court action from the mortgage broking company he set up more than two decades ago and which still bears his name.

The nature of Mike Pero Mortgages' claim against its founder, although surfacing during an Auckland hearing yesterday, was kept under wraps by Associate Judge John Matthews, who did not permit the reporting of it.

Although he is its public face, Pero does not own any of the mortgage business and left its board in June of this year.

Read more at http://www.nzherald.co.nz/b...

Australian listed company Retail Food Group (RFG) has added the Gloria Jean's coffee franchise to its portfolio in a deal worth A$163.5 million. RFG already owns BB's and Michel's Patisserie internationally, Esquires (in Australia and New Zealand only) and mobile coffee franchises Cafe2U and The Coffee Guy. The acquisition further strengthens its hold on the Australasian coffee market, giving it over 1,000 outlets in Australia and New Zealand. RFG is also expanding its interests in the food market with La Porchetta another recent purchase (see company profile for full list of RFG-owned brands).

Snapping up of Gloria Jean's upped its store count by 358 domestically and 420 around the world, making Retail Food Group the "clear leader in retail food franchises specialising in coffee", said chief executive Tony Alford.

The acquisition triples its roasting capacity, but Gloria Jean's will retain its usual coffee blends and flavours.

"Each of our Brand Systems has a specific, unique blend which does differ," he said. "Our capacity to deliver ... unique coffee flavour profile further strengthens opportunities for differentiation between brands."

The coffee chain is expected to rake in $11.8 million in earnings before interest and tax in the 2015 financial year and $6.3 million in profit. It has long been the target of the company.

"We have recognised the opportunity to capitalise on coffee excellence, while also expanding into freshly prepared food lines as major elements to drive franchisee sales," Mr Alford said.

Read more at http://www.smh.com.au/busin...

Consumer mis-trust, anti-Western sentiment, longer queues and changing consumer tastes are all contributing to a decline in McDonald's sales both globally and in the US. Although the company is still well ahead of all its competitors, attempts to find winning new products  and delivery systems (such as the Georgie Pie launch of baked goods in New Zealand and the 'build-your-own-burger' trial in the US) are at odds with aims to simplify the menu.

Last week McDonald’s revealed that worldwide sales dropped by 3.3% on last year in a set of results that went beyond Wall Street’s worst nightmares and were swiftly characterised as atrocious.

Problems are piling up almost everywhere. In China, sales plunged by 23% after a food scare when local media showed workers apparently caught on camera at a local supplier, Shanghai Husi Food, claiming to use out-of-date beef and chicken in products destined for McDonald’s and KFC.

In Europe, sales are down by 4%, mostly because of turmoil in Ukraine and the sour anti-western mood in Russia that has seen US companies caught in the political crossfire. Around 200 of McDonald’s 450 restaurants in Russia are being investigated by health inspectors in apparently politically motivated food-safety checks. Ten have been closed.

But it is in the US, where McDonald’s has around 40% of its restaurants, where the crisis runs deepest. Almost 60 years since Ray Kroc opened his first restaurant in Des Plaines, Illinois, consumers are losing their appetite for a Big Mac and fries.

McDonald’s has chalked up 12 straight months of declining sales in its massive home market, with sales down 4.1% in the latest quarter. Younger diners are deserting the restaurant in droves to eat out at rivals such as Chipotle Mexican Grill – which, just the day before McDonald’s revealed its horrible sales figures, announced 20% growth in revenues. The number of 19-to-21-year-olds visiting McDonald’s once a month has fallen by 13% since 2011, according to food analysts Technomic, while the number of 22-to-37-year-olds visiting has not grown.

Read more at http://www.theguardian.com/...

A new video doing the rounds shows what happened when two pranksters fed samples of McDonald's food to food critics in The Netherlands, telling them it was a 'new, organic alternative to fast food.'

The pair visited the annual food convention in Houten in The Netherlands, where they asked unwitting gastronomic experts to taste samples of McDonald’s food and offer their opinions on this “new, organic alternative to fast food”.

“Delicious”, “fresh”, “tasty” and ”firm” are just some of the adjectives used by the food critics in a video posted on YouTube.

“It’s nice and firm, it has a good bite,” says one.

Another adds: “It rolls around the tongue nicely; if it were wine I’d say it’s fine.”

The foodies were then cajoled into making a direct comparison with McDonald's.  Asked how the “organic” fare shapes up in comparison to the fast food giant, one individual says: “It’s definitely a lot tastier than McDonald's, you can just tell this is a lot more pure.”

And another replies: “It tastes a lot better, and the fact that it’s organic is definitely a good thing. It’s just better for you. The taste is a lot richer.”

Read more at http://www.independent.co.u...

BurgerFuel pulls out of Iraq

24th October 2014

BurgerFuel and its Iraqui partners have decided to cease operations in Iraq as a result of the increasing threat from the Islamic State (Isis) to the country's geopolitical environment. The company was operating one store in Norther Iraq, but this was already in the process of being relocated when the decision was made.


BurgerFuel has always felt that its positioning as a New Zealand burger company rather than a US one gave it an advantage in building relationships in the volatile Middle East/North Africa region. However, the deal announced in January with Franchise Brands, which is an investment vehicle for the American founders of Subway, may have affected that perception.

"We only had one low volume store [in Iraq], so this is not material to our position," chief executive Josef Roberts told shareholders at the firm's annual meeting last month. "It's unfortunate that Iraq has slipped back into this situation as it was a country with enormous potential, but as we can longer enter that country for safety reasons, its best we cease activity there, which we have now done."

He said the situation in Libya was similar to Iraq.

"We haven't proceeded to enter that country and with recent bombings there - again, it's off the radar for future activity and like Iraq this will have little effect on our earnings."

Read more at http://www.nzherald.co.nz/b...

An announcement by Hell Pizza that it is to sell fireworks over the Guy Fawkes period is attracting a lot of attention. The initiative, which Hell director Stu McMullin admits is driven by revenue, will see Hell franchisees storing, selling and home-delivery fireworks packages along with their more usual products. The company says all staff have had to undergo extensive safety training for the four-day sales period.


Comments on the Stuff website include: 'CANT WAIT!! Will totally be ordering pizza and fireworks!!! sc**w you warehouse!!' and 'This is a pretty clever idea by the company with the fireworks window being as small as it is. Having worked there in the past, I highly doubt the level of 'training' they are claiming but it's still another marketing slam dunk for the Hell boys.'


Hell has reportedy ordered 35,000 kilograms of fireworks for the promotion.

The fireworks sales period runs from November 2 to 5, and McMullin said Hell stores would extend their opening hours until midnight on those days.

Asked if that meant staff might get intoxicated people wanting fireworks delivered, McMullin said all staff have been trained to handle those situations.

"We'll be very careful," he said.

"You can't sell to under-18s, you can't sell to intoxicated people or people under the influence of drugs."

The main motivation for dipping into the fireworks market was revenue.

"There are good sales in fireworks," McMullin said.

"Just look at The Warehouse, they sell a hell of a lot of fireworks over Guy Fawkes."

Read more at http://www.stuff.co.nz/busi...

October 2014 - A recent UK case saw Mercedes-Benz as franchisor and five of its dealers (franchisees) fined over £2.8 million for infringing UK competition law.

Liquorland's new slogan, 'All the help you need,' has been labelled a 'piss-take' and 'cynical' by addiction support agencies concerned at the company's choice of wording. The franchise maintains that it refers to the company's commitment to service and product knowledge rather than meaning to suggest that alcohol is the solution to all problems.

Alcohol Drug Association of New Zealand chief executive Paul Rout said Liquorland's use of the word "help" in the new slogan was cynical considering one of the major contributing factors to alcohol-related problems in New Zealand is the easy of access to cheap liquor through off-licence retailers.

"They should stop using that word because I think it's a contradiction in terms of what they actually do," Rout said.

The slogan features the kind of wording typically used by support agencies trying to help problem drinkers and minimise the alcohol harm, he said.

"It's buying into a language and a concept that people warm to but in fact isn't genuine or real."

Read more at http://www.stuff.co.nz/busi...

October 2014 - The World Franchise Council has responded to concerns about what it sees as a growing trend internationally for franchisors and franchisees to be caught up in employment legislation.

As BurgerFuel announces plans to develop company-owned outlets in New Zealand, the Wall Street Journal reports that some US food franchisors are going the other way and selling company-owned restaurants to franchisees. Carl's Jr. and Hardees are the latest to join the drive for franchisors to create leaner business models, which has seen brands such as McDonald's, Burger King and Yum reduce the percentage of company-owned outlets over recent years

Since 2007, McDonald's has reduced its share of company-run restaurants to 19% from 23%, today operating 6,435 of its 33,510 restaurants world-wide, according to company data.

"It's making the company more profitable," says Richard Adams, a former McDonald's Corp. executive who runs a San Diego-based consulting company for McDonald's franchisees.

"The franchisee has more skin in the game," says William Ackman, a hedge-fund founder who is soon to be one of Burger King's newest investors through his fund's interest in Justice Holdings Ltd., a UK-listed investment vehicle. "He's going to put his heart and soul into it."

But Robert Zarco, a Miami-based franchise attorney, says unloading most or all company-owned locations to franchisees could signal that the franchiser lacks "confidence in its own brand."

Read more at http://online.wsj.com/news/...

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