Cabinet Sub-Committee (Council Charities) Minutes

Date:
Tuesday, 27th January, 2015
Time:
6.45pm
Place:
Committee Room 3, Council Offices, Gernon Road, Letchworth Garden City
 
 

Attendance Details

Present:
Councillor Bernard Lovewell (Chairman), Councillor P.C.W. Burt and Councillor Julian Cunningham.
In attendance:
Acting Corporate Legal Manager and Committee & Member Services Manager.
Item Description/Decision
PART I
8 MINUTES
RESOLVED: That the Minutes of the meeting of the Sub-Committee held on 22 September 2014 be taken as read, approved and signed by the Chairman as a correct record.
9 NOTIFICATION OF OTHER BUSINESS
There was no notification of other business.
10 CHAIRMAN'S ANNOUNCEMENTS
The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question.
11 PUBLIC PARTICIPATION
There was no public participation.
12 KING GEORGE V PLAYING FIELDS, HITCHIN - CHARITABLE TRUST
The Sub-Committee considered a report of the Head of Finance, Performance and Asset Management in respect of the progress of negotiations relating to the King George V Playing Fields, Hitchin, regarding completion of the Lease and Management Agreement between the Trust and Hitchin Rugby Football Club

The Sub-Committee was reminded that, at its previous meeting held on 22 September 2014, it was resolved that the approved Lease and Management Agreement between the Trust and Hitchin Rugby Football Club Limited be completed as soon as practical, subject to the approval of Fields in Trust. Following that meeting, the Council’s Property Solicitor had arranged for the approved Lease and Management Agreement to be produced and these were signed by the Trust and Hitchin Rugby Football Club. The Property Solicitor had also obtained the necessary approval of Fields in Trust.

On 16 January 2015, the solicitors acting for the Hitchin Rugby Football Club Limited wrote to the Council’s Property Solicitor reporting that Hitchin Rugby Football Club had applied to Sport England for funding and were also in the process of converting to a charity. The Club was hoping to use the existing company name for the charity. However, HM Revenue and Customs required a new company to be formed.

The Sub-Committee was advised that Hitchin Rugby Football Club had formed a new company Hitchin Rugby Limited (company number CRN 091424060)(Charity Registration number 1159772) in order to comply with the HM Revenue and Customs request. Hitchin Rugby Football Club had requested that the approved Lease and Management Agreement be now entered into by the new company, Hitchin Rugby Limited. Hitchin Rugby Limited was a new legal entity, separate from Hitchin Rugby Football Club.

In order to meet the above request, the approved Lease and Management Agreement needed to be changed by deleting reference to Hitchin Rugby Football Club and replacing it with Hitchin Rugby Limited. Otherwise, the terms of the approved Lease and Management Agreement would remain the same. The approval of Fields in Trust to the change would also be required.

The Acting Corporate Legal Manager answered a number of Members’ questions on the report.

RESOLVED:

(1) That the request from Hitchin Rugby Football Club Limited that the approved Lease and Management Agreement for King George V Playing Fields, Hitchin be entered into between the Trust and Hitchin Rugby Football Club Limited, and that completion of the approved Lease and Management Agreement be conditional upon Fields in Trust agreeing to the request; and

(2) That the Head of Finance, Performance and Asset Management, in consultation with the Chairman of the Sub-Committee, be delegated authority agree any necessary minor amendments to the approved Lease and Management Agreement.

REASON FOR DECISION: To ensure that the Trust is managed in accordance with its regulatory requirements.
Published on Thursday, 29th January, 2015
7.03pm