Stourbridge park fun fair plan sparks 'Charity Commission concern'

A report to the committee, which comprises mostly Stourbridge councillors acting as trustees, said the event would include children's cartoon characters, fairground rides including dodgems and waltzers, a bouncy castle, food and refreshments, and the operator plans to host a free session at the start of each day for children and young adults with Special Educational Needs and Disabilities (SEND) and Acquired Brain Injuries (ABI) to give families unable to get away on a summer holiday a chance to enjoy a positive experience in a safe and welcoming environment with reduced noise and strobe lighting turned off.

The fair, to be held on the grassy area of the park on the old cricket pitch area, would be secured with temporary fencing to restrict access and outside of the free sessions a £1 admission charge is proposed, with rides charged separately at £2.50 per ride.

The application said other council-owned parks and large open spaces are not available during the required time due to being used for grassroots football matches as it is the start of the football season.

It added that the proposed event “in part is against the deed of gift” that governs activities that can take place in the park, which was gifted to the people of Stourbridge by benefactor Ernest Stevens in memory of his wife Mary.

The deed of gift states the park land and buildings are to be used for the free use of the inhabitants of Stourbridge and district and the council can make a reasonable charge for adults for games and recreation but not for children.

A report to the committee said the council/trust will need to negotiate with the operators of the fun fair and it added: “If the council/trust accept the operator’s conditions, there will be a risk that the council/trust is reported to the Charity Commission but officers of the council are in negotiation with the company. 

“Given the proposed event is in the major for the benefit of the residents of the borough, then the committee need to seriously consider consenting for the same to be held subject to further negotiations being held.”

Meanwhile, an application by the Friends of the Earth to hold an event highlighting the impact of the use of pesticides and herbicides, mainly glyphosate, was refused on the grounds it could be considered political.

Stourbridge councillor Andrew Tromans, who has campaigned to highlight concerns around the use of glyphosate weedkiller, said: “I believe the Ernest Stevens Trust Committee made two poor decisions in one evening.

“Thanks to my group leader Councillor Ryan Priest who was a lone voice of dissent in the room.”

Councillor Priest, leader of Dudley Liberal Democrats, said: "It does not seem fair to me that the deed of gift is rigidly applied in one case but not another. Friends of the Earth is a politically impartial group that campaigns to protect our local environment and biodiversity. If that is deemed to be a politically sensitive issue, then maybe we are doomed.

"I don't mind losing a vote, but I'm worried that ignoring the deed of gift in one case but not in the other has made the trust appear hypocritical."

Dudley Council has defended the decision of the committee to approve the fairground application and refuse the pesticide awareness event which the Friends of the Earth wanted to stage on Sunday, July 27 to highlight views on the environment and weedkiller use and the effects it can have on humans, wildlife and plants.

Councillor Damian Corfield, Dudley Council’s cabinet member for neighbourhoods, said: “The Ernest Stevens Trust Committee is made up of representatives of the council and third party groups.

“It meets every quarter to discuss any possible events or investment at the park, and we all work to ensure the historical deed of gift is fulfilled as much as possible.

“During a recent committee meeting, the trust approved the fun fair event and its associated charges. Members of the trust were impressed by the operator’s consideration of children with additional needs, and were reassured that they would work closely with the council to ensure the event was community orientated.

“At the same meeting, a separately proposed event was declined. This was due to its potentially political nature, which they felt would go against rules clearly stated in the deed."

The fun fair application said a ground rent of £350 would be charged to allow the Harry Jones Company to operate within the park and the company would be required to submit an events application to the council’s events team.

The event, which would run from midday to 7pm each day, would not include the sale of alcohol or any gambling/betting outlets.

The Harry Jones Company will be required to submit an events application to the council’s events team.

The remaining parts of the park would be free to access as usual during the event.

Friends of the Park committee member Heather Rogers, a former councillor, said the park used to host fun day events, known as Party in the Park, with live music, activities and refreshments back in the early 2000s and this would encompass the entire park.

She said: "This time only the cricket pitch area is going to be closed and the whole rest of the park will be open. They're also charging the fairground £350 a day so the park will be benefitting from it."