June 2024

FINAL DRAFT

TRIM Ref: 23/552487

Council respectfully acknowledges and recognises Wurundjeri and Bunurong peoples as the

Traditional Custodians of this land and pays respect to their Elders past, present and future

Council acknowledges the legal responsibility to comply with the Charter of Human Rights and

Responsibilities Act 2006 and the Equal Opportunity Act 2010. The Charter of Human Rights and

Responsibilities Act 2006 is designed to protect the fundamental rights and freedoms of citizens. The

Charter gives legal protection to 20 fundamental human rights under four key values that include

freedom, respect, equality and dignity.

3

Sports Facility Hire, Licences and Leases Agreement Policy

1

The purpose of this policy is to:

•

To provide direction for the ongoing allocation of community sporting facilities and reserves in

Brimbank.

•

To ensure the fair and equitable access and use of community sporting facilities and reserves

to sports clubs within Brimbank in line with the Council’s

Community Vision, Council Plan and

Municipal Health & Wellbeing Plan, Social Justice Charter.

•

To ensure optimal use of sporting facilities to meet community needs.

•

To facilitate a shared approach to the costs of managing and maintaining sporting facilities

through fair and reasonable charges for use.

2

This policy is to be used in the ongoing allocation and management of non-staffed Council owned

and/or managed sportsgrounds, courts, active playing areas and sporting pavilions by community

sports clubs.

Any agreements with sports clubs using sports facilities operated by Council under an in house

management structure will be considered on a case by case basis and in line with industry

standards.

Any agreements with sports clubs for non-sport related outcomes (e.g. Electronic Gaming

Machines) will be referred to the relevant Council Department for consideration in line with the

relevant current policy.

Council owned and managed facilities allocated to Brimbank Sports Clubs under the following

occupancy agreements:

a. Licence Agreements

–

occupancy of a specified Council facility for a set period of time (e.g.

seasonal or annual) that is not intended to grant exclusive use.

b. Lease Agreements

–

occupancy of a specified Council facility for a set period of time that

grants exclusive use.

c. Hire Agreements

–

issued for the use of a Council facility for a defined activity or event, over a

defined regular or one off booking, but predominantly on a casual basis.

a. The application/allocation process for new, acquired or vacated facilities will be managed in

accordance with the Community Facilities and Reserves Allocation Policy.

b. Council in house managed facilities including Brimbank Aquatic and Wellness Centre, Sunshine

Leisure Centre, Keilor Basketball Netball Stadium and Keilor Public Golf Course.

4

TRIM Ref: 23/552487

c. Council will not offer an agreement under this policy to any additional sporting clubs to operate

Electronic Gaming Machines (EGM’s) on Council land.

d. This policy does not apply to non Brimbank owned or managed land (eg. Sports clubs on

private land within Brimbank)

3

For the purposes of this policy, Council adopts the following definitions:

Community Sporting Facility or

reserve.

Means any built facility or active sporting reserve that is

used by the community for sports related activity to occur

and covers:

a.

Sporting pavilions

b.

Sports grounds, courts, greens and active participation

areas.

4

The provision of Council facilities and reserves to community groups and sporting clubs is

a key part of local

government’s role in meeting the community’s need through sport,

recreation, health and wellbeing activities.

The provision, allocation and management of these facilities and reserves must be

consistent with Council’s Vision and Values and in line with the Community and Council

Plans.

The following themes are derived from Brimbank

’s

Community Vision, Council Plan

and Municipal Health and Wellbeing Plan, Social Justice Charter. These underpin the

Sports Facility Hire, Licences and Leases Agreement Policy:

a.

–

the policy and fee schedules ensure that sports facilities and

activities are affordable so that all sectors of the Brimbank community can

afford to participate in sporting activities.

b.

- the fee schedules recognise the size, standard and/or

quality of facilities.

c.

- the allocation processes and fee schedules give

priority to local, community use above other users.

d.

–

the allocation processes and fee schedules recognise user

groups that are involved in community building and development activities and/

or engage people from disadvantaged or marginalised communities regardless

of their gender, age, ability, disability, cultural background, sexual orientation/

identity or any other differentiating factors that contribute to the diversity of our

communities.

5

Sports Facility Hire, Licences and Leases Agreement Policy

e.

–

the fee schedules recognises the time, extent and

frequency of use.

f.

–

Council acknowledges the significant and important community

development role that sports clubs play in increasing the health and physical

activity levels of the Brimbank community. Clubs recognise the significant role

Council facilities and support contribute to the success of their activities. In

recognition of these roles, Council fees are set at a subsidised level that recognises

these contributions.

g.

–

the fee schedules recognise the degree to

which facilities are exclusively used by the main tenant or are available for use

by other groups.

h.

–

the processes in the policy and fee schedules are easily understood

by users and Council Officers.

i.

–

the allocation process and fee schedules are consistently applied.

j.

–

the policy and fee schedules are easy to administer.

k.

–

Both Council and clubs recognise the importance of the

partnership they have in the delivery of sport and recreation opportunities to the

Brimbank community.

This policy will consider the Victorian State Governments Fair Access Policy and

Principles to promote gender equality to create better and fairer outcomes.

1. Community sports infrastructure and environments are genuinely welcoming,

safe and inclusive.

2. Women and girls can fully participate in all aspects of community sport and

active recreation, including as a player, coach, administrator, official, volunteer

and spectator.

3. Women and girls will have equal access to and use of community sport

infrastructure.

4. Women and girls should be equitably represented in leadership and governance

roles.

5. Encourage and support all user groups who access and use community sport

infrastructure to understand, adopt and implement gender equitable access and

use practices.

6. Prioritise access, use and support to all user groups who demonstrate an

ongoing commitment to gender equitable access and use of allocated

community sport infrastructure.

6

TRIM Ref: 23/552487

5

Clubs will be offered an appropriate agreement and tenure based on their past history, the

requirements of the sport and

Council’s plans for the facilities. Clubs have the right to request a

review of this decision by the Manager Leisure and Community Facilities. Each type of agreement

(Hire, Licence or Lease) will clearly identify the responsibility of the allocated club for building and

facility maintenance and management.

Applicants will be required to provide information as a part of their application that will allow

Council officers to make an assessment using the following set criteria as to the suitability and

sustainability of the applicant group:

a.

History of tenancy.

b.

Capacity of Facility.

c.

All information and supporting documents submitted.

d.

Ability to provide sporting activities that benefit and engage with the community.

e.

Applicant’s alignment with Council’s Community Vision, Council Plan and Municipal Public

Health & Wellbeing Plan, Social Justice Charter and

Fairness, Equality and Resect Strategy.

Licence and Lease Agreements will only be offered to clubs that meet set operational criteria in

accordance with the guidelines including being affiliated with their respective State Sporting

Association or Peak Body, being debt free to Council and being incorporated.

Council will manage agreements to ensure that the terms and conditions of the agreements are

being adhered to.

Council reserves the right to suspend or terminate an occupancy agreement if it has good cause

including, but not limited to:

a.

The club has breached the terms and conditions of the occupancy agreement.

b.

The club has failed to pay their fees or utility bills.

c.

The club has refused or ignored a reasonable request to share their facility.

d.

The club fails to provide information requested by Council by the designated timeframe.

e.

The club fails to provide participation opportunities to the wider community including

females, juniors, Culturally and Linguistically Diversity Groups, LGBTQIA+, people with a

disability, Indigenous Australians and older adults.

a.

Seasonal Licences are to be offered for a period of 6 months and Annual Licences a period

of 12 months.

b.

Playing fields and pavilions operated on licences will, where practical, be available for

casual use via a Hire Agreement by schools and other not for profit groups located in

Brimbank.

c.

Fees and charges for use of Council sporting pavilions and playing fields operated via a

licence will be calculated annually according to a formula linked to the standard of facilities

identified below and as outlined in the guidelines.

7

Sports Facility Hire, Licences and Leases Agreement Policy

A

$1,500

A

$3,000

B

$1,200

B

$2,400

C

$900

C

$1,800

Defined Open

Space

$400

d.

Clubs will generally be charged for the amount of time they are allocated a facility and are

eligible for discounts up to a maximum of 80% on their fees and charges if they meet

Council’s

community, fair access/gender equality and sports development objectives in

accordance with the guidelines as amended from time to time.

a.

Leases are to be offered for a period of three (3) years, with a further two three (3)

year

options at Council’s sole discretion.

b.

Fees and charges for leased facilities will be calculated by a formula that allocates

0.8% of the depreciated pavilion asset value and adds this to an amount for each

sports playing surface as outlined below in Table 3.

Tennis Court

$150 per court

Bowls Greens

$150 per green

Bocce Piste

$75 per piste

Defined open space

$400

c.

The fee will be set at the signing of the agreement and increase annually by CPI for

the term of the agreement. The fees and how they are calculated will be reviewed by

Council at the end of each 3 year term.

d.

Clubs are eligible for discounts up to a maximum of 80% on their fees and charges if

they meet

Council’s community

, fair access/gender equality and sports development

objectives in accordance with the guidelines as amended from time to time.

a.

Hire agreements are to be offered for a definedactivity/event and are on a casual

basis.

b.

There will be no charge for Brimbank schools and not for profit organisations when

hiring natural turf sports facilities in Brimbank.

c.

Any activity that derives income or requests a fee for use will be charged as per

Council adopted fees and charges.

8

TRIM Ref: 23/552487

6

Chief Executive Officer is responsible for:

•

This policy will be implemented using the Sports Facility Hire, Licences and Leases Agreement

Policy Guidelines as approved by the Chief Executive Officer, which may be reviewed from

time to time.

Director of Community Wellbeing is responsible for:

•

Overseeing the implementation of this Policy and the related Sports Facility Development

Plan.

Leisure Community Facilities Manager is responsible for:

•

Review decisions made in relation to agreement and tenure offered to Sports Clubs.

7

Director Community Wellbeing

Manager Leisure and Community Facilities

Community Wellbeing

Sport and Recreation

8

Council

9

Community Facilities and Reserves Allocation Policy Community Consultation Policy

Sports Facility Development Plan

Community Facilities Capital Contributions Policy

Fairness, Equality and Resect Strategy

Fair Access Policy Roadmap and Principles (State Government Victoria)

Record minor revisions as a new sub version (e.g. 1.2, 1.3, etc.) and record

major revisions as a new version (e.g. 1,2,3, etc.).