SMC 'acted within its lease' by installing 3G pitch at Airco Arena
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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.