Agenda and minutes

(Members are no longer required to declare personal of prejudicial interests but are to declare any new Disclosable Pecuniary Interests that are not currently included in their Register of Interests.

Members are reminded that under the Code of Conduct they are not to participate in the whole of an agenda item to which they have a Disclosable Pecuniary Interest.  In the interests of transparency, members may also wish to declare any other interests that they have, in relation to an agenda item, that supports the Nolan principles detailed within the Code of Conduct.)   

There were none.

To discuss, in light of Counsel's opinion, a revised form for booking the playing field:

The Council considered agenda item 3: ‘Sir Halley Stewart Playing Field Booking Form’ and agenda item 5: ‘Counsel’s Opinion and Response to the Charity Commission’ together as one item. 

Members discussed the proposed booking form for the playing field and the following key points were made:

• That the proposed booking form should take the form of a 'Hirer Agreement' with numbered paragraphs;
• It should not imply that use is restricted to  the playing of football or by clubs, and therefore change the word 'club' to 'hirer';
• Under 'Availability' use the word 'facility' not just 'pitches';
• Guidance should be provided on the forms as to who would take priority in the event of a request for two events at the same time; and
• It should be clarified whether vehicles are allowed on the pitches
• Accessibility of the facility to individuals and groups should be publicised

It was agreed that the booking form would be re-drafted, circulated to all Councillors for comment and that the Leisure Facilities Manager be given delegated authority to agree the form in the light of any comments received.

With regard to responding to the Charity Commission, Members noted that Counsel’s opinion had been received and previously circulated. The Legal Services Coordinator informed the Council that the opinion could be summarised as follows:

• The Council held the field upon trust to allow the field to be used in perpetuity as a playing field for the benefit of the inhabitants of Spalding.  Use of the playing field for sport (individually or as part of a team) was in line with the principal purpose of the trust.
• Use for sport and recreation could be charitable, subject to there being sufficient public benefit.  To be of sufficient ‘public benefit’ it must be shown that there was a community benefit to a sufficient number and range of inhabitants
• The Charity Commission argued that a booking system and enclosure/locking of the facility prevented sufficient access to the public.  This was not a convincing argument because (a) a booking system was necessary for proper management of the facility; and (b) enclosure/locking was necessary to protect the trust assets from damage (such as vandalism) and to regulate use.
• It was a judgment for the Trustees as to what benefits the Charity should provide and how to ensure that there was sufficient access. A conclusion was to be reached in light of the circumstances of the individual charity - rather than there being a single conclusive test.
• Charity Commission guidance acknowledged that a charity may charge fees, as long as they do not exclude people of modest means. South Holland District Council’s fees policy has a range of fees; including nil charge in appropriate circumstances.
• Booking records showed a range of uses and users such as athletics and a ‘fun-day’.
• The Council, as Trustee, had taken account of the Charity Commission Guidance and external legal advice and as a result was amending its booking form to make it clear that individuals and other small organisations were  ...  view the full minutes text for item 112.