The Knighton and District Community Centre Management Committee
Monday 3rd June 2013, Community Centre Bar
Present. K Plant, C Plant, R Smith, R Bright, L Reynolds, S Watts, P Medlicott, L Conway, L Higgins
1. Apologies
D Jones, A Dodd
2. Minutes of Last Meeting : read and agreed as a true record.
3. Matters Arising
Business Cards: SW and CP to work on this. CP to supply possible photos of centre.
Protective matting: KP explained that there is carpet under stage to protect floor during movement
of heavy objects from store but that floor is still being damaged. CP to produce a sign for store
hatch.
Carnival Programme: KP asked PM to check that centre’s advert will be in it.
TVEG Project: KP updated meeting and thanked SW for donation of composter.
Back Toilets: They are now painted apart from one wall of Ladies’ toilet and CP has replaced broken
light fitting.
Leg Club: There is still a need to find a carpenter to repair store room door backstage.
Bar stock-take: This had been attempted but abandoned due to lack of time. Rescheduled for
Wednesday this week at 2.00pm. Volunteers needed to help.
Amendment: Accountant’s name is Steven Housego, not as stated.
4. Treasurer’s Report
RS presented the end of March accounts:
£
Surplus/Deficit
-716.01
Opening Balance
4,913.28
Debtors
1,096.00
Cash Float
500.00
Closing Balance
4,197.27
Creditors
Nil
RS noted large electricity and gas bill but added that comparison with past was hard as we are now
paying quarterly rather than monthly.
KP noted problem of hirers running heating for hours before events. Various solutions were
discussed such as a levy for winter months and metering.
Bar stocking was again discussed including the possibility of a bottles-only bar.
5. Repairs and Maintenance
Fixed electrics testing: CP to contact Paul Brown again to ascertain what has happened on this.
CP asked if anyone could suggest a carpenter to fix backstage store door.
CCTV: L H to contact police re the camera sited by the recycling centre.
Health and safety: RS noted that fire doors MUST be kept shut. KP noted that emergency exits have
sometimes been obscured by hirers.
KP asked whether fire drills should take place during the day. Conclusion that Community Support
as a hirer should carry out their own fire drills. RS to check if there is a fire emergency procedure.
CP pointed out that hirers are required to sign that they have read Health and Safety guidance,
including the plan of the building showing emergency equipment locations, exits etc.
6 . Grant applications
In DJ’s absence, KP outlined problems holding up provision of new lease.
LH drew attention to Nisa Grants available through Tuffins.
7. Constitution
KP explained that DJ has been in touch with the Charities Commission and work is continuing on this.
8. Lease
KP explained that PCC has been asked to produce a new lease to replace the previous full repairing
lease. Meeting with Paul Griffiths in March, it was agreed that PCC would take responsibility for the
building in the event of successful grant applications, but if these were unsuccessful the conditions
would remain as at present. Three weeks ago a draft lease was produced but rejected. A second
draft had been produced. In it, para 6.1.3 commits PCC to take responsibility for the centre’s fabric
if grant applications are successful, at which point para 5.4.1 takes effect. However 5.4.1 requires
the committee to have joint responsibility. RS noted that Paul Griffiths had been quite specific that
that after renovation PCC would take responsibility for the building’s fabric. PM raised a number of
legal issues and was asked to summarise them. The main points are as follows

In Charity matters there are two separate sets of Trustees. The one set "The Guardian Trustees" are appointed to
hold the property in trust for the Charity. It is their name that appears on a lease and at the Land Registry. They sign
any legal documents required to create the lease and also for any dealings with the property, normally on the
instructions of the Charity. The Custodian Trustee (or Trustees) can be individuals but in practice they are
normally the Local Town/Community Council, or a Company by guarantee. Any one of these are O.K but private
individuals are not recommended as when one Trustee is unable or unwilling to act (for any reason) a new Trustee or
Trustees will have to be appointed to replace the one leaving (this would cause inconvenience and expense to the
Trust). Death of one is the most common. The Town Council ,on the other hand, does not die and continues as a
Company does.

The result of the above is that the surrender of the old Lease must be done between the Town Council and the
Powys C.C OR the Town Council assigns the lease to the new Custodian and they deal with Powys (as the Lease is
being altered I would have thought that an assignment was not appropriate). Once you get rid of the old Lease, the
New Lease can come into effect. There will be fees involved with the Land Registry when these transactions are
done.

It is not possible, in PM’s opinion, to put a lease into the name "Knighton Community Centre Management
Committee" as it is not incorporated. Trustees would need to be appointed: a legal adviser can deal with this.

PM cannot find reference to the Trust in the draft lease. Normally, the constitution and the Lease are all in the same
document (as in the present Lease), but PM did not think this is essential and the Constitution (as approved by the
Charity Commission) must refer to this.PM thought clause 5.18 is intended to do this but the " Permitted User"
mentioned does not appear to be set out anywhere.

PM noted that the committee needs to consider Clause 5.8 of the proposed new Lease and if this is really what they
want.

Clause 5.9 heading is Nuisance etc and RESIDENTIAL restrictions. PM could not see any reference to this in the
lease.

What is the permitted use mentioned in clause 5.18( as mentioned in (D) above)

What are the Option Provision in clause 9?

The Management Trustees administer the Trust as set out in the Constitution ( subject to being overseen by the
Charity Commission). As mentioned above, the Lease must be held by the Custodian Trustees upon the trusts of the
Constitution and must act as the Management Trustees request within that Constitution. PM suggests that the
"permitted user" in clause 5.18 of the lease would be as described by the trusts set out in the Constitution.

PM noted that the Custodian Trustees can be anyone or a company , but that a company limited by guarantee or the
Town Council would be preferred to individuals for the reasons stated above. If the committee chooses to have a
company, then the Memorandum and Articles would be the trust documents. The Charity Commission and the legal
advisor would be able to advise on these.
9. Legal Advice
KP noted that funding has been offered by PCC to cover legal advice. KP has contacted PCB in this
regard.
10. Events
The Community Market special event in May had been a great success as had the art workshop
put on by SW and DJ.
Proposed Professional Wrestling Match was discussed and approved.
11.AGM
Set for July 8th. KP asked that any points should be submitted as soon as possible. CP to supply
analysis of hirings.
KP drew attention to the centre’s website and asked everyone to visit it regularly to boost rating
on search engines.
Poster for AGM to be produced by CP and distributed by LR.
12. Insurance/Valuation
KP explained need for valuation. McCartney’s had produced a valuation of £1.25M, so we have
been overinsuring at £1.5M. This figure to be maintained this year. Cost of insurance is
approaching £3000.
AOB
Next Meeting : Monday 19th Aug.