Agenda, decisions and minutes

Apologies were received from Councillor John Redpath who was replaced at the meeting by Councillor James Steel.

In accordance with the Councillors’ Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must notparticipate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, the councillor must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

There were no declarations of interest.

To confirm the minutes of the meeting of the Committee held on 4 March 2021 as a correct record.

The minutes of the meeting held on 4 March 2021 were agreed as a correct record.

The minutes of the meeting held on 4 March 2021 were agreed as a correct record. The Chairman signed the minutes.

Decision:

That under Section 100A(4) of the Local Government Act 1972 (as amended) and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting for consideration of agenda item 5 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 3 Part 1 of Schedule 12A to the Act

RESOLVED:

That under Section 100A(4) of the Local Government Act 1972 (as amended) and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting for consideration of agenda item 5 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 3 Part 1 of Schedule 12A to the Act

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.