Approved January 2017
Branches Occupying Premises: Policy Statement
Introduction
In 2013 the Legion introduced new ways of working to join up service delivery and emphasise that our beneficiariesare at the heart of everything we do. These included investing in premises that:
- Increased our local footprint to provide accessible and consistent services to beneficiaries
- Presented a professional and branded image to the public and others
- Supported the pillars of the Legion’s strategy: Welfare, Remembrance, Representation, and with Comradeship flowing through everything we do
TheBranches Occupying Premises policy provides a framework for Branches that want to occupy premises, in line with these ways of working. It has been developed to help Branches understand the responsibilities that they take on if they occupy premises. This is to protect those managing and using Branch premises, as well as the Legion’s reputation and charity funds.
TheBranches Occupying Premises: Policy Statement provides a summary of the requirements Branches must meet if they wish to occupy premises, to help them decide whether to consider this further. More detail is then given in BranchesOccupying Premises:Guidance for Branches and Decision-Makers which forms the other part of thispolicy.
Who does this policy apply to?
This policy applies to all Branches that want to rent or buy property,including former retail premises, and subsumes and replaces former policies including the Branches Occupying Retail Premises Code of Practice. It will also be used as a framework when reviewing ongoing requirements of Branch-only occupied BPT propertiesor to renew existing leases. This excludes properties that are primarily used by a tenant e.g. Legion Clubs. This policy does not apply to the casual hire of premises, where the Branch uses a room or premises only for specific days or times, or on an ad hoc basis. However, Branches should still follow the policy principles as far as possible and are encouraged to have a formal hire agreement in place.
Why occupy premises?
The Legion’s Branches provide vital activities for beneficiaries and members across the country. A large number of Branches don’t occupy premises to carry out their activities. Instead they may use community or social facilities in their local area free of charge or for a reasonable hire fee, and/or use members’ homes for Branch meetings and administration. However, there may be good reasons why a Branch wishes to occupy premises and we recognise that this may enable them todeliver activities in an efficient way.
Key requirements
Occupation of premises by Branches must:
- Support the Legion’s charitable aims and objectives
- Comply with legal requirements, including health and safety
- Comply with other Legion policies and ways of working
- Be properly costed and resourced. This includes both start-up and ongoing costs, as well as people needed to manage the premises and carry out the Branch’s activities
- Be properly approved, with input from staff with relevant professional expertise
Some examples may include:
- Providing an Outreach Location service with trained volunteers
- Delivering activities for beneficiaries who may feel lonely or isolated; for example a regular coffee morning or friendship club for veterans
- Providing a Branch office and storage
This list is not exhaustive. Occupation and use of premises must be in order to support the Legion’s beneficiaries. This will be difficult for a Branch to demonstrate if:
- Its plans are focussed on activities that benefit the local community as a whole or members who are not Legion beneficiaries
- The sole aim is to increase Branch membership, although this may be an added benefit
- It wishes to do so simply because premises have been offered at little or no rental cost
Approval process
If a Branch wishes to occupy premises it should discuss its ideas informally with the Membership Support Officer (MSO) and the County Committee. If the County Committee considers the proposal may be viable, the MSO will send the Branch BranchesOccupying Premises: Guidance for Branches and Decision-Makerswhich sets out in detail the information to be provided to support a Branch proposal and the way in which it should be presented. If the Branch wishes to proceed, there are two parts to the application process:
A Statement of Activities – to confirm the activities the Branch plans to carry out, why premises are needed to deliver them, and how this supports the Legion’s charitable aims and objectives in the locality. This must be jointly approved by the County Committee and Area Manager.
A Business Plan – to provide specific details about the property to be occupied, costings and how the Branch’s plans will be resourced and sustained. The Branch will be given specialist professional advice from the Legion’s Regional Property Team Leader in Commercial and others (as required) so that it can meet the legal requirements the Legion has to follow.
The Membership Council Representative will decide whether to recommend the Branch’s application for approval, provided it is supported by the Regional Property Team Leader, County Committee and Area Manager. Final approval will rest with the BPT Trustee Committee (if it is a BPT-connected Branch) or the Legion’s Property Committee, or in line with established delegated authority from those Committees. If approved, the Regional Property Team Leader will arrange for legal documents to be executed in the name of The Royal British Legion, in line with the Legion’s usual procedures.
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