Issue - meetings

Decision:

That the Head of Asset Management be authorised to grant a licence, outside of the Nursery operating hours, to Guildford City Cricket Youth Project in respect of their use of the Cricket Pavilion at Sutherland Memorial Park as well as a lease of a storage area within the building.

Reason(s):

1.     To regularise the usage of the pavilion, secure the ongoing community amenity and protect the Council’s interests. Regularising the GCCYP’s occupation will protect the Council as currently the responsibilities between the Council as Landlord and GCCYP are not clearly defined and as such there are risks regarding liability should an accident occur.

2.     To fulfil the Council’s charitable trustee duties.

Other options considered and rejected by the Committee:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

Sutherland Memorial Park was donated as a charitable bequest in 1954 by the Duke of Sutherland as a memorial to residents of Burpham who were killed on active service during the Second World War. The Council was the sole trustee of the charitable trust for the Burpham War Memorial Trust. The Cricket Pavilion was currently used Guildford City Cricket Youth Project (GCCYP) who play cricket on the park.  

On 24 August 2021, the Executive Shareholder and Trustee Committee had approved that GCCYP be permitted to continue to hire the pavilion when required and whilst respecting the hours of the other licenced user. However, GCCYP’s use of the pavilion fell outside of the terms of hire arrangements and it was necessary to regularise GCCYP’s use by way of a licence in order to protect the Council’s interest and a lease of an area within the pavilion for storage of equipment.

Members of the Committee noted the valued contribution made by GCCYP to local young peoples’ health and well-being and recognised the importance of regularising the arrangements between the Project and the Council. Consequently, the Committee,

RESOLVED, that the Head of Asset Management be authorised to grant a licence, outside of the Nursery operating hours, to Guildford City Cricket Youth Project in respect of their use of the Cricket Pavilion at Sutherland Memorial Park as well as a lease of a storage area within the building.

Reason(s):

1.     To regularise the usage of the pavilion, secure the ongoing community amenity and protect the Council’s interests. Regularising the GCCYP’s occupation will protect the Council as currently the responsibilities between the Council as Landlord and GCCYP are not clearly defined and as such there are risks regarding liability should an accident occur.

2.      To fulfil the Council’s charitable trustee duties.

Decision:

1)    That the Head of Asset Management be authorised to grant a licence to Sunshine Nursery (Guildford) Limited in respect of their use of the Cricket Pavilion at Sutherland Memorial Park.

2)    That the Council applies to the Charity Commission to extend the charitable objects of the Burpham War Memorial Trust to include “educational purposes”.

3)    That Guildford City Youth Project be permitted to continue to hire the pavilion when required using existing hire arrangements, outside of the Nursery operating hours.

Reasons:

1)    To regularise the usage of the pavilion, secure the ongoing community amenity and protect the Council’s interests. Regularising the nursery’s occupation will protect the Council as currently the responsibilities between the Landlord and the nursery are not clearly defined and as such there are risks regarding liability should an accident occur.
 

2)    To fulfil the Council’s charitable trustee duties.

Other options considered and rejected by the Committee:

1)  Do nothing – this would not address the issues related to the use of the charitable grounds by a nursery.  The Council would also be in a position where it could be deemed liable in the event of an accident with no clear responsibilities defined.

2)    Terminate the hire arrangement currently enjoyed by the Nursery and market the property for a compliant use. There would be a reputational risk to the Council for removing a popular local childcare facility and small local business, which would not be desired. 

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None

The Chairman of the Committee introduced the report.

The Cricket Pavilion at Sutherland Memorial Park was used by Sunshine Nursery (Guildford) Limited and the Guildford City Youth Project who played Cricket on the park.  

The pavilion had been used by both parties for a considerable length of time and payment was made to the Parks and Countryside team on a per use/hire basis. 

If the Council wished to retain the nursery’s usage, then this position needed to be regularised by way of a licence in order to protect the Council’s interest and an application made to the Charity Commission to extend the charitable objects to include “educational purposes”. 

Consequently, the Committee,

RESOLVED:

1)     That the Head of Asset Management be authorised to grant a licence to Sunshine Nursery (Guildford) Limited in respect of their use of the Cricket Pavilion at Sutherland Memorial Park.

2)     That the Council applies to the Charity Commission to extend the charitable objects of the Burpham War Memorial Trust to include “educational purposes”.

3)     That Guildford City Youth Project be permitted to continue to hire the pavilion when required using existing hire arrangements, outside of the Nursery operating hours.

Reasons:

1)     To regularise the usage of the pavilion, secure the ongoing community amenity and protect the Council’s interests. Regularising the nursery’s occupation will protect the Council as currently the responsibilities between the Landlord and the nursery are not clearly defined and as such there are risks regarding liability should an accident occur.
 

2)     To fulfil the Council’s charitable trustee duties.