Agenda item

To consider the attached paper which has been submitted by Graham Page, Independent Member of the Board.

The Board considered a paper prepared by Graham Page, Independent Member, regarding administrative issues relating to the Alice Park Trust.

Cllr Page highlighted a number of issues in the paper and the following matters were discussed:

(a)  Identity

·  It was important to remember that the park is managed by the Alice Park Trust and not B&NES Council.  This issue was highlighted in a recent letter from the Charity Commission.  Many of the notices in the park are in the name of the Council and not the Trust.  It was acknowledged that this was largely due to legacy issues.

·  Michael Hewitt, Legal Team Manager, confirmed that the Trust is a separate legal entity from the Council.  Future notices could be put up in the name of the Trust to ensure that this is clear.

·  Graham Page also pointed out that policies which affect the park should be first approved by the Trust Sub-Committee.  For example, a notice has recently appeared regarding food and drink in the children’s play area, which was not agreed in advance by the Trust. 

·  Cllr Crossley agreed to raise these issues in his next meeting with the Parks Team.

·  Cllr Appleyard pointed out that the Trust has a Service Legal Agreement with the Council for some aspects of the management of the park.

(b)  Governance

·  Cllr Appleyard confirmed that Sub-Committee members are fully aware of their responsibility to act in the best interests of the Trust when discussing matters relating to the park.

·  Graham Page expressed concern about the dual roles of councillors and trustees.  The quorum for the Sub-Committee is three Council members and, if there was a conflict of interest, he queried how matters could progress.

·  Michael Hewitt confirmed that the Council is the sole corporate trustee and that it manages this function through the Alice Park Trust Sub-Committee.  Individual members of the Sub-Committee are not Trustees in their own right.  Under S13 of the Local Government and Housing Act 1989, only elected members can vote on the Sub-Committee.  If there was a conflict of interest which meant that matters were unable to progress, then the Monitoring Officer could grant a dispensation to enable councillors to vote on that particular issue.

·  Cllr Appleyard confirmed that the views of non-voting independent members would always be taken into account before making any decision.

(c)  Responsibility of Trustees

·  Concerns had been raised regarding the amount of space allocated for the use of children under 14, which is a requirement in the Trust document.

·  Cllr Appleyard confirmed that the amount of space available for children has not diminished.  The skatepark area is for children and so this space has simply been re-purposed.

·  Graham Page also raised issues relating to safeguarding and the need to ensure that adults do not enter children’s play areas unless they are accompanying children.

·  Michael Hewitt explained that the Council carries out the necessary checks on anyone coming into contact with children as part of a specific role.  However, other than health and safety requirements, there is no legal requirement to carry out checks on people in the park or to police the park.  If members of the public had any safeguarding concerns, then they should inform the police who would be able to take any necessary action.

(d)  Health and Safety

·  Graham Page suggested that the Trust should have policies relating to issues such as drones, go-karts, scooters and barbeques in the park.

·  Cllr Crossley also referred to the recent decision by the Council to ban sky lanterns and queried whether this would also cover Alice Park.  Michael Hewitt confirmed that this policy would only cover the corporately run parks and that the Alice Park Trust Sub-Committee would have to consider this issue separately. 

·  Cllr Wright informed the Board that e-scooters are now permitted in the centre of Bath, but that geo-fencing would prevent their use in parks.  She felt that any rules relating to scooters would require careful thought as mobility scooters are also often used in parks.

·  It was agreed that these issues should be discussed at the Alice Park Trust Sub-Committee in more detail bearing in mind that the park is a recreational area which allows a range of activities.

RESOLVED:

(1)  To note the report.

(2)  To ask the Alice Park Trust Sub-Committee to consider whether it wishes to put in place policies on issues such as drones, scooters, barbeques and sky lanterns at its next meeting.