Agenda and minutes

The Chair welcomed everyone to the meeting.

The Democratic Services Officer read out the emergency evacuation procedure.

There were no apologies for absence.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

There were no declarations of interest.

There was no urgent business.

Mr Tony Hickman had submitted a number of questions.  Responses to these questions were circulated at the meeting.  (A copy of the questions and answers is attached as an appendix to these minutes).

Mr Hickman then asked several supplementary questions which officers responded to as follows:

·  Officers do not yet know who the operator for the tennis courts will be.  It is hoped that this will be finalised before the end of the financial year.

·  Cllr Rob Appleyard did not believe that there is any link between the café lease and the work carried out by Tony Hickman on behalf of the Council in respect of the tennis courts.

·  In future the operator will either have someone on site or provide a mobile number for people to use for any queries relating to the tennis courts.

·  It is possible that the café operator and the new tennis court provider could come to a mutual arrangement about the day to day running of the tennis courts, but this could not be guaranteed.

·  Although the suggestion of a MUGA is a good one, it is likely that the tennis court provider will require all six courts to be in use.

To confirm and sign the minutes of the meeting held on 4 September 2019.

The minutes of the meeting held on 4 September 2019 were confirmed and signed as a correct record.

The Sub-Committee is asked to approve the terms for the tennis courts lease.

It was noted that to commence the refurbishment of the tennis courts, the Trust must enter into a lease, with a nominee, appointed by the Council, who will then assign the lease to the Council.  The Sub-Committee considered a report which outlined the process for the granting of the lease and the reasons why a nominee is required.

Graham Page raised a query regarding the long-term management of the tennis courts and the income generated to improve the tennis facilities at Alice Park.  He was concerned that the Trust would not receive this income.  He also had concerns about the liability of the Trust if the tennis courts did not make a profit or if terms of grant funding applications were breached.

The Director of Legal and Democratic Services explained that the Council is the sole Corporate Trustee.  If the tennis court operator does not make a profit, provided the Sub-Committee has taken reasonable steps to deal with this issue, then members would not be liable for any losses incurred.

The Team Manager, Leisure and Business Development, explained that the application for grant funding is being made by the Council and not by the Alice Park Trust.  If the funding has conditions attached to it then the Council would follow these and responsibility for any non-compliance would lie with the Council and not the Trust.

Cllr Myers queried whether the Council would indemnify the Trust if no profit was made as the Council would be managing the tennis court operation on behalf of the Trust.

Cllr Appleyard explained that the Trust would be leasing the space to the Council to provide a tennis facility.  He was satisfied that this would not create a liability for the Trust and that this would be written into the lease agreement.

In light of the concerns expressed by some members the Director of Legal and Democratic Services suggested wording that could be included as part of the resolution to ensure that there would be no liability for the Trust if a loss was made on the tennis court operation, or in the case of any disagreement between the parties.

RESOLVED, subject to approval by the Charity Commission and subject to the Council securing grant funding from the Lawn Tennis Association and Sport England, to:

(1)  Approve the terms of the draft lease on the basis that these are the best terms that can reasonably be obtained.

(2)  Approve the grant of the lease (set out in Appendix 3 of the report) to the nominee and consent to the simultaneous assignment of the lease to the Council in its corporate capacity.

(3)  Authorise the clerk to submit the application (set out in Appendix 5 of the report) for Charity Commission consent to the lease on behalf of the Trust subject to the inclusion of the following wording as an addendum:

“The basis for entering into the lease by the Alice Park Trust Sub-Committee is that there will be no liability between them, the lessee and  ...  view the full minutes text for item 26.

The Sub-Committee is asked to approve the terms of the skate park lease.

The Sub-Committee noted that to commence the installation of the skatepark the Trust must enter into a lease, with a nominee appointed by the Council, who will then assign the lease to the Council.  Members considered a report which outlined the process for the granting of the lease and the reasons why a nominee is required.

Graham Page raised concerns about the safety of park users.  He felt that there was a need to create a barrier between the children’s play area and the skatepark.  He stated that was important for the Trust to have regard to Health and Safety law as interpreted by the courts.

The Director of Legal and Democratic Services agreed that it was important to ensure that members have considered any potential risk.

Cllr Appleyard stated that the Sub-Committee could agree to consider the health and safety aspects being reviewed at a future meeting.  Cllr Myers agreed that as long as provision has been made to consider these matters, he felt that this was reasonable.

RESOLVED:

(a)   subject to approval by the Charity Commission, to:

(1)  Approve the terms of the draft lease on the basis that these are the best terms that can reasonably be obtained.

(2)  Approve the grant of the lease (as set out in Appendix 3 of the report) to the nominee and consent to the simultaneous assignment of the lease to the Council in its corporate capacity.

(3)  Authorise the clerk to submit the application (as set out in Appendix 5 of the report) for Charity Commission consent to the lease on behalf of the Trust.

(b)  To agree that the Sub-Committee, at a future meeting, review the health and safety aspects of the skatepark to ensure that members are satisfied that any potential risks have been fully considered.

To note that the next meeting will take place on 22 January 2020 at 4pm.

It was noted that the next meeting will take place on Wednesday 22 January 2020 at 4pm.