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Agenda Item No

 

The Vale of Glamorgan Council

 

Cabinet Meeting:  11 August, 2014

 

Report of the Cabinet Member for Leisure, Parks, Culture and Sports Development

 

Colcot Sports Centre

 

Purpose of the Report

1.         To seek Cabinets consideration of the current users of the Sports Centre.

Recommendations

THAT Cabinet approves:

1.         The renewal of the annual Licence for the Wendy Summerell School of Dance and for delegated authority to be given to the Managing Director, in consultation with the Leader and Cabinet Member for Leisure, Parks, Culture and Sports Development to set an appropriate licence fee in accordance with the report. 

2.         That the Cylch Bethesda be given notice to leave the Sports Centre and that delegated authority be given to the Managing Director in consultation with the Leader and Cabinet Member for Leisure, Parks, Culture and Sports Development to determine the period of notice.

3.         That delegated authority be given to the Managing Director in consultation with the Leader and Cabinet Member for Leisure, Parks, Culture and Sports Development, to set an appropriate licence fee in accordance with the report, for the remainder of Cylch Bethesda's occupation.

Reasons for the Recommendations

1.         In order to formalise the continued use of the Sports Centre by Wendy Summerell School of Dance and set a fee in accordance with market levels.

2.         In order to meet the terms of the original covenant.

3.         To set a fee in accordance with market levels.

Background

2.         Cabinet considered a report of the Cabinet Member for Leisure, Parks, Culture and Sports Development (Cabinet 18 November, 2013 Minute C2090 refers) which is outlined the outcome of a Cabinet site visit and officer briefing in April 2013.  The report considered the future use of the changing rooms and sports centre.

3.         Cabinet resolved on the 18th November 2013 (amongst other things) that a further report in relation to the current users of the Sports Centre and their future accommodation be presented at a future Cabinet meeting before the end of their temporary use.

4.         Cabinet were advised in November 2013 of the existence of a deed of covenant which restricted the use that the Sports Centre could be put.

Relevant Issues and Options

5.         The original beneficiary of the deed of covenant was the National Playing Fields Association (NPFA).  The successor body to NPFA is the Fields in Trust (FIT).  Fields in Trust's mission is the same now as it was with the NPFA: "To ensure that everyone young or old, able or disabled and wherever they live should have access to free, local outdoor space for sport, play and recreation". 

6.         Under the terms of the deed of covenant, the uses that the property can be used for are restricted to "Sporting Purposes".  Officers from the Council have discussed the covenant with the Fields in Trust.  The FIT have stated that whilst a dance school can probably be acceptable in meeting the objects of the covenant (to be used for sporting purposes) they have raised some concerns about the eligibility of the Play Group.  However, FIT are happy to agree, on the basis of a variation of the terms of the covenant, that licences only (as opposed to leases) can be entered into with the two clubs/organisations and that any future licences are agreed with FIT going forward, in advance of any agreements being finalised.

7.         The Council currently receives £5.00/hour for the space utilised by Wendy Summerell School of Dance. They currently occupy the space for circa 16 hours per week.

8.         Cylch Bethesda Playgroup currently pays the Council £59/month for the use of the Sports Centre.  This appears to be based on a historical rental agreed with the then Alexandra Community Centre Management Committee. Cylch Bethesda operates all day, five days a week, during term time and I am informed that it caters for about 24 children.

9.         It is proposed that an annual licence is agreed with the Wendy Summerell School of Dance at a fee based on market rates for similar use. Delegated authority to be given to the Managing Director in consultation with the Leader and Cabinet Member for Leisure, Parks, Culture and Sports Development to set the appropriate charge.

10.      Because of concerns of FIT in relation to the playgroup and the terms of the original deed of covenant, it is proposed that Cylch Bethesda be given notice to leave. In order to ensure a reasonable amount of time is given to the Cylch Bethesda to find alternative accommodation, it is proposed that delegated authority be given to the Managing Director in consultation with the Leader and Cabinet Member for Leisure, Parks, Culture and Sports Development to determine the period of notice.

11.      It is also proposed that a fee based on market levels for similar uses be charged to the Cylch Bethesda for the remainder of their occupation and that delegated authority be given to the Managing Director in consultation with the Leader and Cabinet Member for Leisure, Parks, Culture and Sports Development to set the appropriate fee.

Resource Implications (Financial and Employment)

12.      The Sports Centre has now undergone refurbishment with a range of maintenance improvements undertaken in the changing facilities within the Sports Centre.

13.      There will be future revenue and capital requirements for this property with possible boiler replacement being required in the near future.  Future costs are therefore uncertain at this time and need to be ascertained and considered further.  The Council does not currently have budget identified to develop or improve this building in any way. Any budget that does become available would need to be directed towards basic maintenance.

14.      The income as outlined in the body of this report will be used to off set some of the revenue costs associated with the running of the building.

Sustainability and Climate Change Implications

15.      Local Community use of buildings reduces the need to travel reducing the carbon footprint.

Legal Implications (to Include Human Rights Implications)

16.      As highlighted earlier in the report, the use of the Sports Centre is restricted by the terms of a deed of covenant and agreement will have to be reached with the Fields in Trust before any final agreements can be put in place with the two organisations.

17.      The Council has a statutory and fiduciary duty to obtain best consideration for the disposal of its property assets pursuant to S123 of the Local Government Act 1972.  In this particular case short term licences are not classified as "disposals" and therefore would be excluded from the provisions of the Act.

Crime and Disorder Implications

18.      Whilst the building is occupied, it reduces the risk of crime and disorder issues at the site.

Equal Opportunities Implications (to include Welsh Language issues)

19.      The Cylch Bethesda Playgroup is a Welsh Language Playgroup.  Both the playgroup and the School of Dance operate on an equal opportunity basis. .

Corporate/Service Objectives

20.      The Corporate Priority and Service Aim is to "Achieve a quality of the environment through the promotion and use of sustainable practices and by making the best use of current and future resources".

21.      The Service Objective is "To provide, manage and maintain Parks, open spaces and play areas".

Policy Framework and Budget

22.      This report is a matter for Executive decision by Cabinet.

Consultation (including Ward Member Consultation)

23.      Ward Members will be consulted on this report and any comments will be reported to Cabinet.

Relevant Scrutiny Committee

24.      Economy and Environment.

Background Papers

Cabinet 18th November 2013 (Minute C2090)

Economy and Environment Scrutiny Committee 12 March 2013 (Minute 972)

Cabinet 8th April 2013 (Minute C1282).

 

 

Contact Officer

Phil Beaman - Operational Managers Parks and Grounds Maintenance 01446 709543.

 

Officers Consulted

Children's Partnership Co-ordinator

Legal Services - Committee Reports

Group Estates Officer

Accountant - Visible Services

 

Responsible Officer:

Sian Davies - Managing Director