Meeting documents

1 ELECTION OF CHAIR

On a motion from Councillor Gerry Curran, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED that Councillor Jonathan Gay be elected Chair(person).

2 EMERGENCY EVACUATION PROCEDURE

The Chair(person) drew attention to the emergency evacuation procedure as set out on the Agenda.

3 DECLARATIONS OF INTEREST

Rob Scott, Trust Board Adviser, declared a personal, non-prejudicial interest as a season ticket holder for the East Stand.

4 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

There were no items or urgent business.

5 QUESTIONS & STATEMENTS

There were no questions or statements received.

6 MINUTES: 13TH DECEMBER 2005

On a motion from Councillor Sir Elgar Jenkins, seconded by Councillor Gerry Curran, it was

RESOLVED that the minutes of the meeting held on Tuesday 10th May 2005 be confirmed as a correct record and signed by the Chair(person).

7 THE RECREATION GROUND - LEISURE CENTRE SCHEME (Report 8).

Tony Bartlett, Trust Adviser, outlined the main issues from the report to the Trust.

Trustees explored the implications of various options regarding disposal or retention of the Leisure Centre and sought advice from their advisers.

Trustees expressed disappointment that the Charity Commission had not informed the Trust earlier that they required further confirmation of their position of 14^th September 2005, resulting in delay in resolving this matter.

On a motion from Councillor Gerry Curran, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED

(1) That, having considered the proposals from the Charity Commission, the Trust instructs the Director of Resources to prepare a response to the Charity Commission, in consultation with the Trustees regarding the final content of the response; and

(2) That the above response should be a formalisation of the position set out in the letter to the Charity Commission of 14^th September 2005 (appendix 2 to the report).

8 EXCLUSION OF THE PUBLIC

The Trust considered the advice set out in the public interest test statement prepared by the Solicitor to the Council.

On a motion from Councillor Gerry Curran, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED

that, having been satisfied that the public interest would be better served by not disclosing relevant information and, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business because ot the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Part 1 of Schedule 12A of the Act, as amended.

9 THE RECREATION GROUND, BATH - LAND FOR EAST STAND - BATH RUGBY (Report 10).

The Trustees were informed of the relative risks associated with the granting of a lease, and a licence (as set out in section 6 of the report) and recognised that although a lease protected the Trust's interests better, there was substantial benefit to the Trust in either arrangement being made.

The Trustees confirmed that they had always favoured carrying out the Strategic Review (set out in its Terms of Reference 2 years ago), and were content to proceed now. However, they did feel the Charity Commission were being unreasonable in requiring the Review to be carried out at this time, when the Leisure Centre disposal issue was not resolved and the Trust was in significant deficit to the Council.

With regard to the timescales involved, the Trust expressed their view that the one year period insisted upon by the Charity Commission was not a suitable period to allow enough time for all stages of the Review, including the assessment needed by the Charity Commission on the result.

On a motion from Councillor Sir Elgar Jenkins, seconded by Councillor Gerry Curran, it was

RESOLVED

(1) To proceed with the Strategic Review on the basis set out at paragraph 5 of the report;

(2) To confirm that, whilst the preference is for a lease, either a lease or a licence should be entered into with Bath Rugby plc of land for the East Stand, and that either arrangement is expedient in the best interests of the Trust; and

(3) To authorise the Trust's advisers to liaise with the Charity Commission to achieve an agreement in a form that protects the Charity's interests.