Agenda and minutes

Councillors Marc Davies, Amanda Edwards, Elaine Evans and Caryl Roberts apologised for their inability to attend the meeting.

None.

It was RESOLVED to confirm as a true record the minutes of the meeting held on 26 November 2023, subject to a correction to the name of Councillor Chris James.

Matters arising

There were no matters arising.

Louise Harries presented the report to the Committee noting that this is the first meeting of the committee during the current municipal year, and that since its establishment in 2014, the Terms of Reference for this committee have been updated several times.

Following discussion, it was RESOLVED to note the Terms and Reference of the Charity Trustee Committee.

Louise Harries presented the report to Committee noting that it is a legal obligation under section 162 of the Charities Act 2011, to prepare an annual report where the income exceeds £25,000.  Although none of the five charities’ income exceeded this amount, the Committee decided last year to produce reports on an annual basis.  Draft reports were considered for the following registered charities:

·       The War Memorial, Hall, New Quay

·       The New Quay Library and Reading Room

·       The COE Memorial Educational Foundation

·       The Cardiganshire Intermediate and Technical Education Fund, and

·       The Charity of Richard James Thomas

Following discussion, it was RESOLVED to approve the 5 draft annual trustee reports set out in Appendices 1-5 of this report and that the Chair of the Charity Trustee Committee shall sign and date clean copies of the same on behalf of the charity trustee.

Chris Macey presented the report to the Committee noting that in accordance with s132 and s133 of the Charities Act 2011, the trustees of a charity must prepare in respect of each financial year of the charity either a statement of accounts or, optionally for lower-income charities, a receipts and payments account plus a statement of assets and liabilities.

He noted that Accounts for the financial years ended 31 March 2023 and 31 March 2024 were being considered for the following charities, due to early completion of the 2023-24 Accounts by the Finance and Procurement Services:

·       The War Memorial, Hall, New Quay

·       The New Quay Library and Reading Room

·       The COE Memorial Educational Foundation

·       The Cardiganshire Intermediate and Technical Education Fund, and

·       The Charity of Richard James Thomas

Members asked for assurance in terms of interest received on the trustee accounts, and it was confirmed that interest has been paid, which explains the increase in income for 2023-24 compared to 2022-23.

Following discussion, it was RESOLVED to note the contents of the accounts.

Louise Harries presented the report to the Committee.  It was noted that in addition to hosting lots of events, several investment and improvement projects had been implemented including a new sound system, an upgrade to the lighting including exterior emergency lighting, installation of double glazed doors, replacement of the balcony frontage, solar panel and replacement tables and chairs. A defibrillator was received from ‘Calon Hearts Screening and Defibrillators Wales’ which is installed outside the front of the Hall.  It was also noted that a full-time Development Officer post will be funded by the National Lottery Community Fund on a three-year contract to organise and oversee the activities and ensure accessibility.

Members congratulated the Committee volunteers on their hard work and dedication, supporting community groups and events.

Following discussion, it was RESOLVED to note the update from the tenant covering the period 10^th February 2023 – 9^th February 2024.

Louise Harries presented the report to the Committee noting that under clause 23 of the lease of the Hall to the ‘New Quay Memorial Hall’ registered charity, the tenant cannot undertake certain alterations or additions to the property without the consent of the landlord.  On 21 May 2024, Officers received a request from the tenant for consent to apply for a Lottery Award to install automated disabled doors on the ground floor and to redevelop the outside toilets into a multifunctional room.

Councillor Rhodri Evans recommended that Members of the Charity Trustee Committee declare an interest if the group submit an application for grant funding from Ceredigion County Council.  Members also asked whether the Council could ensure that costs such as licenses are kept at a minimum, as the work carried out by the tenant would ultimately lead to improvements to a property that is in the ownership of the Ceredigion County Council Charity Trustee Committee. Officers noted that fees are approved by Cabinet, and that Officers do not have the delegation to amend these, however such costs should be built into applications for grant funding.

Following discussion, it was RESOLVED:

1. To APPROVE in-principle the tenant’s request for consent for the works referred to in the accompanying report subject to:

a)    officers, on the trust’s behalf, agreeing the detail and extent of the works with the tenant following submission of further details by the tenant;

b)    the tenant and the trustee executing and completing a Licence for Alterations in respect of the works; and

c)    the tenant bearing the trustee’s reasonable costs and expenses (including solicitors or other professional costs) in connection with the tenant’s application for consent as per clause 12.1(e) of the Lease with the tenant.  

2. To AUTHORISE Estates Services and Legal Services to undertake all necessary formalities to execute and complete Licences for Alterations in relation to the works referred to in the accompanying report should the matters referred to in resolution 1 above be complied with.

Louise Harries presented the report to the Committee noting previous decisions made by the Committee regarding a consultation and future use of the New Quay Library and Reading Room. She noted that 3 active expressions of interest were received from individuals/groups, and that Legal Services met with the individuals involved to see if the parties wished to collaborate. One individual who wished to use the site for educational classes decided that the New Quay Memorial Hall would be a better location for said project. The remaining two parties wished to see the site used for communal gardens/allotments linked to the school and decided to collaborate and bring forward a short document setting out their proposal for the Committee to consider.

Louise Harries noted that prior to entering into a lease of charity land, Part 7 of the Charities Act 2011 requires the Trustee to undertake a written report on the proposed lease from a qualified surveyor, and for the Trustee to decide whether the terms on which the disposition is proposed to be made are the best that can reasonably be obtained for the charity, based upon the content of the surveyor’s report.  The trustee must also give public notice of the proposed lease, inviting representations and take into consideration any representations made to them about the proposed disposition.

Members noted that Community Councils are not eligible to apply for funding from the Ceredigion County Council community grant fund, and asked whether the group could establish a CIO status in order to meet the eligibility requirements. Officer advised that they could establish a joint CIO, with a representative of the Community Council as a member of this group. It was noted that Officers would discuss these options with the representatives.

Following discussion, it was RESOLVED:

To APPROVE that officers, on behalf of the trust:

1. proceed to discuss the proposal by New Quay Town Council for a community garden at the trust site with them in greater detail;

2. if in-principle heads of terms for a lease can be agreed, to bring the proposed heads of terms and a qualified surveyor’s report on the proposed lease to Committee for consideration at the next available Committee.

Louise Harries noted that funds for to the Richard James Thomas charity had depleted and that they were no longer in a position to cover costs such as insurance and electricity.  It was recommended that the Trustee commence a trust review, and carry out a conditions survey for the building. It was noted that Officers for the Ceredigion Museum were considering options for submitting an application for grant funding from the Welsh Government Collections Management Capital Improvements Grant 2024-25, which provide grants of between £20k - £100k to improve the condition of the building and the collection, which is a 100% grant that does not require match-funding.

Members noted that this would not resolve the issue of the depleted funds and future running costs. It was also noted that the grant may include terms and conditions which could prevent potential disposal or repurposing of the asset, recommending that both avenues are pursued side by side.