A Meeting of the Sports Development Committee was held on Thursday 22nd October 2009, 7.45 pm at Winscombe Community Centre, Amesbury Room

 

Present:, Cllr Mandy Brading, Cllr A Forbes, Cllr Gerald Lloyd, Ken Lunn (cricket club), John Rivers (football club),

 Cllr Chris Sampson, Committee Chairman

Clerk:   Lynne Rampton                                     Members of the public:            Cllr Beryl Roper and two Parishioners

 

1

To elect a Chairman Nominee Mr. C Sampson (1 nomination received for Mr. C Sampson)

Mr. C Sampson was unanimously elected Committee Chairman.

2

To Receive the Chairman’s Declaration of Acceptance of Office

The Declaration of Acceptance of Office was duly signed and received by the Clerk.

 

3

Apologies for Absence were received from Andy Flint

 

4

Declarations of interest – none declared

 

5

Public Participation – in response to a question, the football club representative confirmed that fencing around the first team football pitch was not erected as the club failed to secure promotion to the higher league.

 

6

Minute update from the meeting held 7th May 2009. None.

 

7.

To consider response to questions raised regarding the lease agreement between the Parish Council & WMRG changing room tenants. Annex 1

Solicitor responses to questions raised by this committee were individually discussed with the following recommendations being made to the full Parish Council for consideration:

1.       Two sports clubs have not registered as a company and all clubs have limited assets. It is possible for the Council to agree with the Tenants that they would only enforce against Club assets and not against the Tenants personally for the performance of the Tenants obligations. It was proposed by GLL, seconded by AF, all in favour that the Parish Council will not pursue the Tenants named in the lease agreement for failure to fulfill the tenants obligations but will pursue the clubs they represent.

2.       Sports clubs will be contacted asking them of the current ‘Tenant’ and requesting details of any changes they wish to make to this at the present time. Proposed by KL, seconded by GLL, all in favour.

3.       The lease is not a repairing lease and responsibilities for repair are divided between the Landlord and Tenants.

4.       In the event of a Tenant being in breach of a covenant, the Tenant will be liable for legal costs.

5.       Clarification has been received that the Tenants are responsible for the repair of the interior of the building including the boiler. The Landlord is responsible for the repair of the rest of the building including pipes, wires, cables and other service conducting media. Sports clubs could consider applying to the Parish Council for grant assistance for some works.

6.       In discussion, sports clubs representatives did not consider it practical to split the annual maintenance payment between the three clubs. The annual sum of £1,200 should be allocated as ‘Tenants Maintenance’ within Parish Council budgets and unspent monies in this budget head carried forward to future years maintenance payments. These funds should be controlled and expenditure authorised through the WMRG Committee with the wishes of the relevant sports clubs representatives on this committee being respected. The consent of the Landlord & Tenants will be required in this regard.

7.       See 7 (1) above.

8.       The Landlord is entitled to the return of the premises in 2030 subject to the Landlords and Tenants Act 1954 although the Tenants are entitled to request a new lease for a term of up to 15 years. Some members advised that it was the intention for the premises to pass to the sports clubs at the end of the current lease with a new lease being granted for the lease of the land only on which the building sits.

9.       The Solicitor response was accepted.

10.   The rent paid for the changing rooms is fixed within the lease and cannot be increased. It was noted that an additional amount has been charged to the sports clubs in recent years.

11.   The Landlord and Tenants should agree that the annual £1,200 ‘Tenant Maintenance’ be paid to the War Memorial Recreation Ground Committee rather than the Sports Development Committee as mentioned in the lease and consent of the Landlord and Tenants gained in this respect.

 

8

Matters for Information – either points of information or subjects for discussion at next meeting.

*       It is stated in the lease that the Tenants are responsible for Council tax paid on the changing rooms.

9

Date of next meeting.  This will be agreed following responses to the suggestions made at this meeting from the three sports clubs and Parish Council.

 With no further business, the meeting concluded at 9.00 pm

           

Signed.............................................................. (Committee Chairman)                                 Date................................