A Guide for Community Licencing Committees
A licensed club requires you to understand your position and obligations as a Board/Committee Member, whether you are already a member or are going to become one. You must also be informed of and follow the numerous regulatory instruments. Board/Committee membership is a serious responsibility; failure to comply with the law may result in significant financial fines, and you may be held personally accountable if you do not exercise due care in your duties.
What Exactly Is a Community Facility?
Community facilities are free or low-cost programmes that offer aid, leisure, or education. Examples include libraries, elder centres, conference spaces, health clinics, landscaped parks, and schools. This chapter provides regulations and activities tailored to certain kinds of community facilities. In order to guarantee that community services are situated, developed, and supported in a manner that is fair and beneficial to all residents and tourists, Castro Valley also needs an overall strategy to guide its development.
The Advantages of Letting Community Facilities
Sport, community, and leisure activities are widely recognized across Australia, and worldwide for their social, health, and economic advantages. Councils play an important role in sport, community, and recreational activities by providing community facilities as well as services and assistance. Clubs would not have existed, expanded, or thrived if they did not have adequate community amenities. The Council spends a lot of money on community amenities so that everyone in the area may benefit. The provision of such community amenities provides social, health, and economic advantages, which Council recognizes. In most cases, Council does not collect even close to the entire cost of providing these community amenities.
1995 Commercial Leases Act
Most of the leases and licenses issued by the Council have been subject to the Retail & Commercial Leases Act 1995 since these locations provide food or beverage services and sell to the general public. The Small Business Commissioner can help you get an exemption. It was approved in December 2019 and provides that a Council or other body with powers and functions of local government is exempt from the Retail & Commercial Leases Act when the lessee is of a class designated by rules. The rules, which are currently being developed by the Office of such Small Business Commissioner, should give more guidance on who is exempt; nonetheless, it is expected that clubs will be excluded in the majority of situations.
Why Do City Councils Need an Occupation Agreement?
Councils require an occupation agreement to guarantee that both councils and renters have a contract that clearly articulates their legal duties. The occupancy agreement will include:
- Offer comprehensive information of the rent due;
- Provide full details of the duration of the contract, including renewal possibilities;
- Define maintenance tasks;
- Outline additional specified responsibilities; and
- Validity means termination terms and dispute resolution.
Under Council’s leasing policy as well as occupancy agreements, the head tenant may be permitted to sublet the community space on an ongoing basis. The Council’s participation in subleasing will reflect the Council’s resource and risk profile. In most cases, the head tenant must obtain Council permission before entering into an arrangement with the subtenant. As with a head tenant, the Council should do due diligence upfront to determine the capabilities of the subtenant. After the sublease agreement is signed, Council might transfer day-to-day administration of the subtenant to the head tenant.
What issues should be addressed by the policy?
The occupancy framework was created to help Councils identify critical elements to consider when adopting or modifying a lease policy. This framework was developed based on a review of current best practices rules. The essential regions are as follows:
- Strategic Alignment: Does the policy match the Council’s strategy and articulate the policy’s goals clearly?
- Constraints Imposed by Legislation: Does the policy adhere to all applicable laws?
- Finance: Is the charge structure fair and reasonable? Is the running cost comprehended? Has the fee model taken into account community benefits?
- Risk Identification and Assessment: Have hazards been recognized and assessed? What have risk-mitigation procedures been put in place?
- Community Usage: Does the policy promote multi-purpose and efficient use of community facilities? Has the policy taken into account all categories of users?
- Property Management: What managerial techniques will be employed over the term of the lease? What kind of due diligence is necessary when evaluating new tenants? When and how much reporting are required?
- Services Provided by The Council: Does the policy specify the Council’s services to the tenant and describe the tenant’s responsibilities?
The City Council Offered Services
Councils and tenants must build solid working partnerships in order to realize the social, health, and economic advantages fully. This working connection may be strengthened by the Council providing many services such as:
- Maintenance services;
- Facility management help;
- Club development aid;
- Grant assistance; and
- Capital finance.
If solid working connections are developed and Council assists its tenants, such tenants will be able to deliver more considerable community benefits. Council engagement and assistance will vary depending on the available resources and the number of community facilities well within the Council area. Large urban councils, for example, are likely to have more significant resources than smaller rural/remote councils. When drafting policy, councils should keep these aspects in mind.
Community Clubs Victoria
Community Clubs Victoria is indeed an industry group that represents the requirements of all types of Victorian community clubs. You can get other services like Club Govenors.