BOWLING GREEN BIAS?

Multi-millennia seem to have come and gone while the content of a proposed Shire of York contractual document (consisting of very few pages) has been laboriously compiled to cover a possible hand-over to others of, mainly, the fiscally infamous ‘Forrest Bar and Café’.

The end result of these machinations and manoeuvrings could be presumed to be to help take the financial heat out of the ratepayer-funded kitchen before the next Local Government Election, 8 months away.

Oddly enough it is ubiquitously (meaning inescapably) titled the ‘York Recreation and Convention Centre Management Contract' that, currently, has had just limited release to the York population. (Most ratepayers have yet to receive their copy.)

The ‘Draft Terms’ could be considered as not so cheap and cheerful to the overall community and as a potential legally binding, offer and acceptance document, in its present form, appears to lack the normal legalese ‘boiler-plating’ required to genuinely protect the interest of ratepayers.

In fact it does not include the Shire’s York Recreation and Convention Centre (YRCC) Master Plan, inclusive of its budget and maintenance program- because it has not been drafted yet.

Under normal circumstances it could be assumed that this should be important information as part of any understanding in a contractual agreement with a potential lessee.

The basic premise for the future use of these premises goes like this:-

The existing licensed area, which technically may have been in breach of some clauses of its Tavern Licence since its inception, will be offered at a $1 per annum peppercorn and saltshaker rent covering a multi-year period.

It will be a multi-year licence to thrill local taste-buds and tipplers- in this case 3-years.

The ravenous foodies that presently indulge themselves could number at least 60 per week. Unfortunately, probably not enough to keep the welfare wolf from the plated-meal restaurant door as the cost of food, its preparation and presentation is not conducive to a large profit margin.

Tipplers may be an unspecified number but the profit margin is greater.

For at least the same period of time –‘we’ the ratepayers will pay for power and water which will probably also include the cost of maintaining the York Recreation and Convention Centre Website and other unspecified sundry items.

‘We’ will also have the honour of guaranteeing an interest- free loan of up to $30,000 as a start-up cash  flow for the lucky local association that takes the bait.

‘We’ will finance the staff to create the required ‘body corporate corpus-delicti’, help develop a constitution and transfer the liquor licence, investigate liability insurance, blow-noses and change nappies.

Fixtures and fittings including spoons and spittoons will all be gratis to the lessee and the remains of the extensive beverage list can be purchased at cost.

Not withstanding-the principle of a community/sports orientated ‘Incorporated Association’ running such a venue in the interest of everyone is sound. That is if it cuts its’ coat according to its’ cloth.

As an entity it should only provide services required by ensuring that it is fully aware of its market including what food and beverage demand it should cater for.

An integral part of this is to define what Liquor Licence is most appropriate to meet actual demand, in part to avoid any further future damage to private local businesses operating in the same market place. (The famous ‘Yorky’s railway carriage eatery is still closed and the lease of the York Flourmill Café is up for sale.)

As a cost cutting exercise there is the probable need of the extensive use of volunteers in appropriate circumstances, something that, apparently, a local, local government aficionado does not particularly agree with for some reason.

Of deep interest and possible concern is an -Exclusion Clause-Bowling Greens. Although the lawn bowls area is included in the offer titled ‘Property under contract’ it is excluded in the Usage of YRCC Hospitality Facilities. 

Here it states-‘ whilst the area of the Bowling Green is included in this contract to comply with Licencing regulations, the Association is only liable under the terms of the liquor licence for this area. All other responsibilities will be in the Memorandum of Understanding between the Shire and the YBC (York Bowling Club) Hire of the area is subject to the approval of the YBC.

What this actually means is up to each individual to assess. However it appears the York Bowling Club will have a separate exclusive arrangement with the Shire of York beyond the scope of any other partner in any future community/sports association.

The York Bowling Club, on its website, says it provides a variety of facilities for members and visitors including bar service.

This service is now provided within what will be the associations hospitality facility. So what is the actual area that the York Bowling Club and the Shire agree to separate responsibilities within a Memorandum of Understanding- and for what reason?

Does this may mean the bowling club is prepared to hire its own bar manager and wait staff to meet its stated obligations to its members and visitors?

The only way an Incorporated body, representing the community interest, can successfully operate and maintain a licenced restaurant facility is as an equal partnership. Let us hope that one size fits all and any exclusion clause has no potential negative impact.

David Taylor.