Minutes:
The Committee considered the undernoted report:
“1. Background Information
At its meeting on 13th February 2014 Committee approved an application from Cumann Spoirt an Phobail to hire facilities on Saturday 29th March 2014. The request was to facilitate a community celebration event with presentations to local people who had contributed to the development of the Whiterock community in the fields of sport, culture and development. .
On 30th March 2014 a number of Councillors contacted the Director of Parks and Leisure regarding images which had been circulating on social media and their concerns around the nature of the event and the displays within it, posters which were displayed on the walls within the leisure centre and the promotional material which had been prepared to advertise the event. The Director reviewed the information provided to him and initiated an investigation into the circumstances around the event and potential breaches of the Council’s Parks and Leisure events policy, the conditions for hire and the neutral and harmonious working environment policy.
2. Key Issues
In conducting the investigation the Director:
· Reviewed information provided by staff in relation to the event;
· Sought legal advice on breaches to the events policy and the conditions of hire;
· Met with the event organiser;
· On legal advice, asked the PSNI to review the available information relating to the event to establish if any unlawful activity had taken place; and
· Reviewed all documentation associated with the event including the application form and the occasional licence.
Investigation findings:
General
· CumannSpoirt an Phobail was the applicant and event was organised in conjunction with a number of other organisation including Gortnamona Historical and Cultural Society and Sliabh Dubh Public House for the event.
· The elements of the event agreed by Committee i.e. the Community Awards appear to have formed the main part of the event. As far as can be ascertained the displays which included one to commemorate to 100th anniversary of the formation of Cumann na mBan (League of Women) were staged by the Gortnamonagh Historical Society.
· No promotional material was displayed within the leisure centre prior to the event.
· No event programme regarding the event was provided or requested by staff prior to the event. Staff were under the impression that this was a community based event.
· No permission was requested for the display of posters within the main hall.
· The centre closed at 4pm and the organisers were given access to the facility at that time after the other bookings had finished.
· No staff members were involved in the set up of the event.
· No complaints have been received from staff or customers regarding the event.
· An occasional licence was in place for the event, applied for and granted to the Sliabh Dubh Public House from 7.30pm to 1pm. The licence indicates that the organiser of the event was Gortnamonagh Historical and Cultural Society.
· The facility hire form was completed and a formal letter of application was submitted. The applicant was provided with a hire agreement and the conditions of hire.
· A fee of £700 to include staff costs was charged for the event.
The Hire Agreement
· The agreement confirms the use of the facility for the purpose of the event described in the application.
· The agreement sets out the hirer’s obligations and requires the hirer not to display flags or emblems (except for the use of with a historical significance), to run the event in such a manner as not to injure the reputation of the centre or to undertake anything which would be unlawful. It also requires the hirer not to assign the benefit of any application without consent and that all attachments and decorations are subject to the prior approval of the centre manager.
· There is a requirement that publicity and promotional material will be subject to the approval of the centre manager.
· The agreement refers to the Council’s Section 75 obligations and the requirement to promote equal opportunities and good relations between and with the protected groups.
Conclusions
1) In this case there were a number of breaches of the conditions of hire:
a) There were a number of different organisations involved in the organisation of this event, not only the applicant who was granted permission of the Council. This breaches the conditions of hire unless consent has been sought and approved, which did not happen in this case.
b) The organisers did not seek the approval of the centre manager in relation to the type of promotional material used on for the erection of posters or banners within the centre.
2) In the application to the Council the event was described as a community celebration event to showcase success within the community with an emphasis on presentations to local people who have contributed to the development of the community in the fields of sport, culture and development.
It would appear that this was the main focus of the event. However, there were clearly other elements planned for the event which were not disclosed to the Council either at the time of the application or subsequently.
3) Once the event had been given permission by the Council and the application form submitted, which at this current time only requires basic information to be provided, the process for vetting the application was not as robust or searching as it might have been.
4) There is a requirement for those hiring the facility not to act in a way that would offend the Council’s legal obligations under Section 75. The Council also has a policy to provide a neutral and harmonious working environment for staff who work in the facility.
The Centre is a place of work and a facility that all sections of the community should feel free and welcome to visit. The Centre was not open to the general public at the time of the event but the portrayal of images on social media and the press is unlikely to be viewed as sitting comfortably with the Council’s legal duty under Section 75.
The display of banners, emblems and flags in the centre during the event also creates difficulty for the Council in complying with its policy to create a neutral and harmonious working environment for all staff.
5) An oral update will be given to the Committee on the investigation that the PSNI are currently undertaking.
3. Recommendations
To agree that the Director:
· Reviews the application process for use of Leisure Centre facilities to ensure that sufficient and appropriate information is provided by applicants to enable better considered decisions on hiring to be made by committee.
· In conjunction with legal services review and amend the agreement for hire to clarify and simplify the hire obligations regarding the issues raised by the investigation.
· Submit a further report to committee in due course.”
The Director outlined the principal aspects of the report and clarified a range of issues thereon.
After discussion, the Committee noted the information which had been provided and adopted the recommendations.
Supporting documents: