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Airco Injunction

Discussion in 'Hull City' started by originallambrettaman, Aug 13, 2015.

  1. HHH

    HHH Well-Known Member

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    I'm I the only one here who already does most of their posting whilst sat on the throne?
     
    #121
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  2. Kempton

    Kempton Well-Known Member

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    No, I believe Mussie does the same.
     
    #122
  3. Happy Tiger

    Happy Tiger Well-Known Member

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    I believe he sits on a thrern.
     
    #123
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  4. Barchullona

    Barchullona Well-Known Member

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    Looking at the ****s who liked your post says it all.
     
    #124
  5. Barchullona

    Barchullona Well-Known Member

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    Your posts suggest you are sat on a thorn.
     
    #125
  6. Chilton's Hundreds

    Chilton's Hundreds Well-Known Member

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    Getting back on topic, I expect the judgement will criticise both HCC and the SMC.

    The HCC for seemingly to forget their duty in respect of the joint committee with the SMC and the SMC for riding roughshod over the
    community clubs.

    As for the verdict - probably down to technical definitions. Any sport that needs a hard, flat surface (most wheelchair sports for example) can't now use the arena which goes against the part of the lease that states any person of Kingston-Upon-Hull should be able to use the facility.
     
    #126
  7. Chazz Rheinhold

    Chazz Rheinhold Well-Known Member

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    A coach with the Roller girls said back in May
    "A lot has been said about us simply moving, but it's not a case of jumpers for goalposts, especially when it comes to us hosting public games, which we need to do to compete in the British Championships and other ranking games.

    In accordance with our sport's regulations, public game venues must have a safety zone around the track and space for team benches, officials, the penalty box, scoreboards and medics, plus space for spectators. The track design and specification are here: http://wftda.com/rules/wftda-rules-appendix-a-track-design.pdf

    This is usually at least twice the size of the space that we can manage for training and is why we specifically use the Airco Arena for public games. We know of no other venue in the city that can accommodate us and which we can afford. (We'd be looking at the ice arena for example, which is about £200 per hour to hire before we lay an alternative floor over the ice)."

    Strange they're playing at the Sirius Academy on the 23rd. amazing isnt it.
     
    #127
  8. Chazz Rheinhold

    Chazz Rheinhold Well-Known Member

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    SMC 'acted within its lease' by installing 3G pitch at Airco Arena
    http://www.hulldailymail.co.uk/SMC-...-Airco-Arena/story-27609494-detail/story.html

    THE company running Hull's Airco Arena says it did nothing wrong in installing a 3G pitch at the council-owned venue, a court has heard.

    Hull City Council is taking legal action over the move by the SuperStadium Management Company (SMC) in April.

    The council claims the SMC has breached its lease agreement by changing the intended nature of the multi-sport arena in Walton Street.

    The venue is now mainly used for indoor football after the eviction of a number of long-established amateur clubs covering sports such as trampolining, netball, gymnastics, basketball and competitive roller skating.
    But Jonathan Gaunt QC, representing the SMC, said: "There is no express term in this lease specifying which sports should be accommodated in the hall.

    "Any failure to not accommodate a particular sport is not a breach of the lease."

    Mr Gaunt accused the council of "labouring under the misapprehension" that the 3G pitch was only for the exclusive use of Hull City's youth academy.

    He acknowledged the football club's application to upgrade the academy's licence had been a factor in the decision to install the artificial pitch.

    But he said anyone could still book the arena if they wished to play sport on an artificial surface rather than a hardwood floor.

    He also maintained the SMC decision was taken in an attempt to make the venue more profitable.

    "They were losing money on the sports being played in the hall. When they analysed what made money they found football did, the other sports did not."

    The court heard the lease only required the SMC to secure consent from the council for structural changes to the arena.

    As a result, Mr Gaunt said the company was within its rights to install the 3G pitch without notifying the council because "it was the equivalent of laying a carpet".

    He also said the only reference to community use rights in the lease covered a liaison committee being set up by the council to agree an annual programme of major events at both the arena and the KC Stadium.

    Under this clause, the council was to receive a 50 per cent discount on 20 major events and priority reservation rights for a further 110 events during a 12-month period.

    "It is apparent both apply to events run by the council. However, it is a procedure that has never been implemented until relatively recently.

    "No liaison committee was established and there has been no annual programme of events," said Mr Gaunt.

    Edward Deneham QC, representing the council, said the 3G pitch had changed the nature of the venue.

    He compared it to converting a multi-use sports hall into a swimming pool or an ice rink.

    "All we are saying is that it be made available for community use.

    "It should be an indoor sports hall available to the community users who have enjoyed it since 2003, rather than hoping other sports will take up the facility now it has a 3G pitch," he said.

    Judge John Behrens QC reserved judgement after hearing all the evidence.

    His final ruling is expected next month.
     
    #128
  9. Chazz Rheinhold

    Chazz Rheinhold Well-Known Member

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    Just a few more tweets from Angus Young

    "Both sides accept prior council consent for 3G not required under lease, only for 'structural changes'

    That seems a bit weird to me. If so arent the council saying its ok then??

    A couple more.

    "HCC QC has more difficult job arguing arena is no longer a sports hall, makes belated reference to wheelchair sport now unable to use it"

    "SMC QC does good job on lax council oversight of lease, ie no liaison cttee established, no annual programme of council-led events"
     
    #129
  10. originallambrettaman

    originallambrettaman Mod Moderator
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    The Council aren't claiming the SMC needed permission to lay the 3G, they're claiming that by laying it they've removed access for wheelchair users, rollerbladers, trampoliners, netball teams etc and have therefore put themselves in breach of the 'access for all' terms of the lease.
     
    #130

  11. petersaxton

    petersaxton Well-Known Member

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    But where do you stop with "access for all" - swimmers?
     
    #131
  12. originallambrettaman

    originallambrettaman Mod Moderator
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    All those it was built to serve, it's purpose was never swimming.
     
    #132
  13. Chazz Rheinhold

    Chazz Rheinhold Well-Known Member

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    The lease doesnt specify what sport. I could sue then as i want to use it for hang gliding.
     
    #133
  14. originallambrettaman

    originallambrettaman Mod Moderator
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    You could, but you wouldn't have a case and you'd look like a right divvy.
     
    #134
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  15. Amin Yapusi

    Amin Yapusi Well-Known Member

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    As much of a case as the council.

    There are no terms that the arena is to serve particular sports, only that it's accessable by the community.
     
    #135
  16. Chazz Rheinhold

    Chazz Rheinhold Well-Known Member

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    Dont you oppress me!!

    I'm a bit scared of heights. So start off at the bottom. I'm just going to run up and down holding my parka out.
     
    #136
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  17. petersaxton

    petersaxton Well-Known Member

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    which automatically means we breach the cat 2 rules!
     
    #137
  18. Amin Yapusi

    Amin Yapusi Well-Known Member

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    Not at all, Leicester are Cat 1 I believe and their indoor pitch is rented out most the week.
     
    #138
  19. DMD

    DMD Eh?
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    I queried similar as Coventry are the same. The answer back was that the rules have changed since they achieved their status.
     
    #139
  20. originallambrettaman

    originallambrettaman Mod Moderator
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    It was built as a hard court facility, for the use of any member of the public in Hull, who wanted to use a hard court facility.

    For thirteen years it has provided exactly that and up until a few months ago 1,000 people were using it. They have now had that right taken away from them, hence the claim that the terms of the lease have been breached, we'll find out shortly if the court agree.

    The Council's case has been weakened by the fact they're a bit clueless and haven't honoured their own obligations either, but there's certainly still a case.
     
    #140

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