Playground or play area use

jamesbaker

Hi all. Advice needed. I run a local football training academy on a local play area. Now the residents of the estate where the play area is pay a fee to a management company for the upkeep of the play area but it is my understanding that anyone can use the area. I charge a fee for each person who attends the academy and run it as a business. My question is am I allowed to carry on using the play area? The management company that upkeep the play area have told me to stop using the play area but what can they do as the area is for the public to use. Your advice please.

ArbitraryRandom

Being able to use the space to play football is very different from being able to use the space to run a business playing football.

You would need to look at the original planning application or contact the relevant council to figure out the actual rights and conditions/check for any bylaws or covenants.

I wouldn't be surprised if there's something on there about 'public use' not including 'business use' unless that business has a licence from the landowner (which would cover things like needing to see you have relevant insurance etc). 

the_lunatic_is_in_my_head

Probably one for the house buying and renting board OP but the mods aren’t here until Monday to move threads.

Do you know who owns the land? If it’s council then it’s public, if it’s private then I guess anyone can be asked to leave, unless you are a resident and a have right to use it? 

To add the council might have stipulated as part of the development that certain spaces be open to the public which is another avenue to consider.

LightFlare

The area might be for public use - but is more than likely still privately owned by the developer.

As such, they can ultimately dictate who v co an (and can’t) use the area.

Sounds like you are being a bit cheeky charging people to use an area the maintenance of which is paid for by other people 

user1977

the_lunatic_is_in_my_head said:

If it’s council then it’s public, if it’s private then I guess anyone can be asked to leave, unless you are a resident and a have right to use it? 

And even if council-owned, that doesn't mean the use can't be regulated - councils have taken steps to formalise use of public parks etc by the "boot camp" style fitness clubs. There'd almost certainly be relevant bye-laws.

And if it's a privately-owned play area then (even if there's not normally any formal check of who's using it) it is probably intended for use only by residents in the relevant development. And they'd be within their rights to make whatever rules they like and/or kick you out.

Flugelhorn

Can imagine the residents of the estate who have to pay for the maintenance of the area would not be at all pleased to have a football coaching business being run there. 
I live on a similar estate with a large green - at one point in later lockdown the local Tai Chi started using the green - as it was special circumstances I don;t think anyone minded but if it had become permanent then it would be a different matter.
Lots of non resident  dog walkers use our green and then moan because the bins are full etc or that the grass hasn't been cut etc 

Grumpy_chap

jamesbaker said:

Hi all. Advice needed. I run a local football training academy on a local play area. Now the residents of the estate where the play area is pay a fee to a management company for the upkeep of the play area but it is my understanding that anyone can use the area. I charge a fee for each person who attends the academy and run it as a business. My question is am I allowed to carry on using the play area? The management company that upkeep the play area have told me to stop using the play area but what can they do as the area is for the public to use. Your advice please.

I think if you are running a business, it would be reasonable that you expect to pay a fee to have the use of a venue.

I know our Council charge a fee for any organised activity in the local parks.  This includes the volunteer-run youth football clubs so would encompass your business activities.

It could very well be argued that the area is not "available for public use" while your business is using the area.  Your business is not the public, but a business.  Would you be happy if I turn up while you are operating your business in the area for public use, with my nephew, a ball, a dog, a bike and a frisbee to do as we please?

pinkshoes

jamesbaker said:

Hi all. Advice needed. I run a local football training academy on a local play area. Now the residents of the estate where the play area is pay a fee to a management company for the upkeep of the play area but it is my understanding that anyone can use the area. I charge a fee for each person who attends the academy and run it as a business. My question is am I allowed to carry on using the play area? The management company that upkeep the play area have told me to stop using the play area but what can they do as the area is for the public to use. Your advice please.

As it's a business you're running and making profit, then it would not count as general public use.

I would negotiate with the management company about paying a fee to use the area, and start looking for somewhere else if they say no, or at least as a comparison as costs so you know how much you're prepared to pay.

Jenni_D

One would hope they're making a profit, but that can't be assumed.  

born_again

As you run it as a business, have you thought to ask or even offer to pay for the use of the land?

Like many things, brown envelopes in the right hands smooth over many issues 😜

HillStreetBlues

As you run it for profit I totally expect they are entitled to show you a Red card,