Agenda item

The Committee considered the undernoted report:

“1.Relevant Background Information

      Brantwood Football Club is a Football Club based in Jellicoe Avenue, North Belfast.

      The Club was established in 1901. The club purchased their current ground in 1952 and have a substantial base of support within the area.

      The club plays in the IFA Interim Intermediate leagues and is situated adjacent to Belfast City Council’s Grove Playing Fields.

2.   Key Issues

      Last year Brantwood Football and Recreation Club approached BCC Parks and Leisure Department and requested we carry out some routine grass cutting to their football pitch at commercial rates which were agreed at that time.

      The proposed arrangement between the Council and Brantwood FC was discussed with the Director of Legal Services (now Assistant Chief Executive and Town Solicitor) when the matter involved minimal works, i.e. grass cutting. 

      The matter was considered and it was ascertained that legally the Council could do the works but that this position would have to be reviewed. The legal power derives from Article 10 of the Recreation and Youth Service (Northern Ireland) Order 1986.

      In the interim it was agreed that the limited works, i.e. grass cutting, could be carried out.

      The matter has moved on since then. Lawyers, acting on behalf of Brantwood FC, have been in touch and are asking for a formal Agreement to carry out the works to be put in place.  There have been discussions in relation to the extent of the works to be carried out.  The requirement has increased substantially from grass cutting to include a number of other works such as vertidraining, pitch marking, supply and application of top dressing and fertiliser etc.

      The Director of Parks and Leisure has sought a legal opinion regarding the additional works and the Assistant Chief Executive and Town Solicitor takes the view that we can continue to do the works under Article 10 of the Recreation and Youth Service (Northern Ireland) Order 1986 which provides that a district council may, either alone or together with another council or any other person:-

            (a)     establish, maintain and manage any recreational, social, physical and cultural activities;

            (b)    organise any such activities;

            (c)     assist, by financial contributions or otherwise, any person to establish, maintain and manage any such facilities or to organise any such activities;

            (d)    provide or assist by financial contribution or otherwise in the provision of, leaders for such activities; and

            (e)    defray or contribute towards the expenses of any persons taking part in any such activities. 

      Article 10 (2) provides that a district council shall, in carrying out its functions under paragraph 1, have regard to the facilities provided by other district councils or by other persons. 

      The Assistant Chief Executive and Town Solicitor confirmed that there is no delegated authority for the Director of Parks and Leisure to sign off the proposed Agreement and it would therefore be necessary for the Director of Parks and Leisure to seek Committee approval.

      A legal agreement between Belfast City Council and Brantwood Football Club has been prepared including a schedule of rates to carry out the works.  The rates specified to carry out the work are based on commercial rates and the income generated to Belfast City Council would be in the region of £5,000.00.

3.   Resource Implications

      Human Resources

      There are no Human Resource issues. Staff from Grove Playing fields will carry out the works and they are trained, experienced and equipped with all necessary machinery to carry out the works.

      Financial Resources

      The proposal has the potential to generate financial income up to £5,000 dependent on the amount and frequency of works to be completed.

4.   Equality and Good Relations Implications

      There are no equality or good relations implications.

5.   Recommendations

      Committee is asked to approve that BelfastCity Council enters into a legal agreement with Brantwood Football and Recreation Club to carry out routine football pitch maintenance on their pitch at the agreed rates.”

            After discussion, the Committee granted the approval sought.