To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992. 

See attached note from the Monitoring Officer.

Members are reminded to consider the categories of interest in the Code of Conduct for Members to determine whether they have an interest in any agenda item and any action they should take. For further details, please see the attached note from the Monitoring Officer.

Members are reminded to declare the nature of the interest and the agenda item it relates to. Please note that ultimately it’s the Members’ responsibility to declare any interests form and to update their register of interest form as required by the Code.

If in doubt as to the nature of your interest, you are advised to seek advice prior to the meeting by contacting the Monitoring Officer or Democratic Services

None were declared.

To confirm as a correct record the minutes of the last meeting of the Board.

That the unrestricted minutes of the Board meeting held on 6^th July, 2022 be approved for signature by the Chair of the Trust as a correct record of proceedings.

A report was received that provided an update of a review by the Council’s legal team of the governance arrangements for King George’s Field (Mile End) charity. A summary of the discussions is outline below:

The Board:

v  Noted that the Council has undertaken a review of the governance arrangements on behalf of the King George’s Field Trust.

v  Noted that there are two King George’s Fields charities, both of which are registered with the Charity Commission: (1) The King George’s Field, Mile End charity, registered number 1077859 (“the Mile End charity”); and (2) the King George’s Field – Stepney (Tredegar Square, Bow) charity, registered number 1088999 (“the Tredegar Square charity”). The Council is the sole trustee of both charities pursuant to the governing documents detailed in this report.

v  Noted that on 28 February 2000, the Charity Commissioners for England and Wales ordered under the Charities Act 1993 that the charity known as King George’s Field, Mile End, at Stepney in the London borough of Tower Hamlets be administered according to a specified scheme (“the 2000 Scheme”).

v  Noted that the 2000 Scheme refers to the objectives of the Fields in Trust, those objectives have now been updated and it is therefore desirable for the 2000 Scheme to be amended to reflect these changes. Furthermore, there may be a requirement to make additional amendments to the 2000 Scheme.

v  Noted an overview of the key findings that have informed the recommendations that have been made for consideration by the Board.

v  Reviewed the summary of recommendations (Appendix 1) to agree which of the recommendations should be applied and sanction Director of Legal and Corporate Director of Children and Culture to progress these recommendations.

v  Agreed that once it has been decided which recommendations detailed in  Appendix 1 are to be taken forward it would then (i) apply to the Charity Commission to change the King George’s Field Mile End “2000 Scheme”; (ii) authorise the Corporate Director of Children and Culture and the Director of Legal to apply to the Charity Commission to change the King George’s Field Mile End “2000 Scheme”.

The Chair of the Trust then Moved and it was:-

RESOLVED to:

1.    Review the summary of recommendations (Appendix 1 of the report refers) to decide which of the recommendations should be implemented and authorise Director of Legal and Corporate Director of Children and Culture to progress these recommendations.

The Board agreed to the following actions regarding each of the recommendations/advisory notes:

KGF1 – reviewed and noted

KGF2 – did not authorise the merging of the two charities. However, the Board reviewed and authorised the Director of Legal to apply to the Charity Commission for a uniting direction if required for administrative and financial purposes.

KGF3 - reviewed and noted

KGF4 – reviewed and not approved

KGF5 – reviewed and no additional/separate delegation to be given to officers. Current Council scheme of delegation to be applied to the Charity. Approval to be sought from the  ...  view the full minutes text for item 3.1

A report was considered that provided an update on the audited accounts submission, the current financial position for King George’s Field Trust (KGFT) and an update on the charitable activities conducted to date this year. The report also provides an update on grant funding from Fields in Trust.

The Board:

v  Noted that the King Georges Fields Charity Board (the Board) charity is registered with the Charity Commission as King Georges Field, Mile End Charity, registered number 1077859.

v  Noted that (i) if the Board does not receive updates for consideration this would go against the expectations of the Charity Commission; and (ii) to not agree in principle to the grant from Fields in Trust it would remove an opportunity to improve to use the funds for the maintenance, equipping and improvement of, or the provision of facilities for, any playing field situated in the London Borough of Tower Hamlets and styled “King George’s Fields”.  (iii) it was Noted by the Board that Fields in Trust funds will have restrictions as to how they can be spent.  The funds are strictly limited for use on improvements on Mile End Park and Stepney Green Park.  Any alternative scheme would need to be formally agreed with Field in Trust before the grant could be received.

v  Noted The Council is the trustee of the Charity, and the Council is the freehold owner of the land which is subject to this report.

v  Noted that the Board is established by the Council’s Constitution, which gives the Board the following functions to (i) administer the affairs of the King Georges Fields Charity and discharge all the duties of the Council as sole trustee of the Charity; and (ii) administer the affairs and discharge the duties of trustee of such other charities controlled by the Council as the Cabinet might authorise by resolution.

v  Noted that any decision to accept the allocation of resources via a contribution from Fields in Trust is required from the Board.

v  Noted that the major items of income and expenditure are (i) Income - the major income items are commercial rents generated from shop lettings at Mile End Park and the hire of the Arts and Ecology Pavilions. Additional income is generated through Stepney Green astroturf pitch bookings and a corporate volunteer programme; and (ii) Expenditure – the main expenditure items relate to: (a) Salaries – this covers the cost of the Parks Service staff who manage the facilities and provide activities, (b) Repairs and maintenance – including the cost of all repairs to buildings, trees and fences, and grounds maintenance costs.

The Chair of the Trust then Moved and it was:-

RESOLVED to

a)    Note the submission of the audited accounts 2020/21 and annual report 2020/21 to the Charity Commission

b)    Note the forecasted financial position of King George’s Fields Trust for 2022/23

c)    Note the 2022 activity programme update.

d)    Approve the transfer of funds from Fields in Trust (as a grant) to King George’s Fields Trust  ...  view the full minutes text for item 3.2

The Chair of the Trust then Moved and it was:-

RESOLVED

That, under the provisions of Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the remainder of the meeting for the consideration of the Section Two business on the grounds that it contains information defined as Exempt in Part 1 of Schedule 12A to the Local Government Act, 1972.

A report was received that (i) provided an update on the lease arrangements for the King George’s Field Trust (KGFT) retail and rental units, income from which supports the Charity to maintain park land and amenities for the benefit of Tower Hamlets residents; (ii) sought separate decisions from the KGFT Board regarding the renewal of a Green Bridge Shop unit, the renewal of a Mile End Park lease and to consider whether a Green Bridge lease should be re-geared; and (iii) provided an update on a Green Bridge unit that has breached its lease and the potential extension of a services contract with external agents who manage the Green Bridge tenants on behalf of Asset Management.

The Board:

v  Noted that King George’s Fields Trust (KGFT) Board should consider its charity’s responsibilities as landlord of the Green Bridge retail and other commercial units. This includes ensuring that all statutory requirements are met.

v  Noted that the Board has to act in the best interest of the Charity and to consider Public Benefit when taking a decision as detailed in Appendix 2 of the report.

v  Understood that decisions from the Board on several leases is requested in order for the Council’s Asset Management team to be able to instruct lawyers and the external agents to enter into a new lease with “Tenant A;” “Tenant B;” and “Tenant C.”

v  Noted that (i) the Board is requested to consider the lease breaches by a tenant and give authority to council officers to be able to take forfeiture action against the tenant if they fail to comply with the current Section 146 notices that have been issued to them; and (ii) the current external letting management agent is contracted by the Council’s Asset Management team to oversee management arrangements for retail units on behalf of Board and the Housing Revenue team.

The Chair of the Trust then Moved and it was:-

RESOLVED to

1.    Not give authority to the Corporate Director of Children and Culture and the Corporate Director for Place to enter into and conclude the renewal of the lease with “Tenant A” on the terms proposed by the tenant in restricted Appendix 3.3. The Board instructed that matters were to be resolved by way of Statutory dispute resolution.  The additional cost implications of taking matters to further dispute resolution were noted by the Board.

2.    Note the position of the discussions for the lease renewal with “Tenant B” and the Board advised they would want a term of five years.

3.    Not give authority to the Corporate Director of Children and Culture and the Corporate Director for Place to authorise the re-gear of the lease with “Tenant C” but Gave authority to document the rent review at the passing rent.

4.    Note the update provided in exempt Appendix 1 regarding lease breaches by “Tenant D” and authorised the Corporate Director of Children and Culture and the Corporate Director for Place to take forfeiture  ...  view the full minutes text for item 5.1

With no other business to discuss the Chair of the Trust called this meeting to a close and thanked the Members and Officers of the Board for their contributions to this evening’s discussions.

The meeting ended at 7.43 p.m.

The Chair of the Trust (Mayor Lutfur Rahman)

King George's Field Charity Board