Many groups using Methodist premises will be using the premises on a regular but part-time basis. This would include for example, weekly baby massage, aerobics and dance classes. Such use is typically on the basis of a licence, that is, a personal right or consent that merely grants permission to use land. A licence can be viewed as allowing something that would otherwise be a trespass and does not grant any interest in land and is not capable of being assigned or sold.
Managing Trustees may also find the guidance on Letting and Third Party Use of assistance.
The Standard Licence
TMCP has prepared a standard form of licence to occupy on behalf of the Connexional Team (the Standard Licence ). The Standard Licence is designed to ensure that use of church premises by third party regular part-time users is documented in a way that reflects Methodist best practice and the Constitution and Discipline of the Methodist Church (CPD), creates uniformity across the Connexion in the terms on which third parties use premises and is generally in the best interests of the charity.
The following guidance notes aim to help Managing Trustees to use the Standard Licence:
- Licence Guidance 1 - When to use the Standard Licence
- Licence Guidance 2 - Completing the Standard Licence
- Licence Guidance 3 – The Standard Licence Explained
- Licence FAQs
A one size fits all document is never going to be perfect for the wide range of third party users and types of premises that you have day-to-day responsibility for. However, the Standard Licence strives to accommodate as many licence arrangements as is practical in one form of document. It also tries to strike a balance between the wishes of Managing Trustees and user groups, Methodist law, policy and best practice.
Property contracts must be approved by the Connexional Team before they are entered into under Standing Order 931(3). When you use the Standard Licence, the required approval of the Connexional Team under Standing Order 931(3) is deemed to be in place. Use of the Standard Licence therefore avoids the need for Managing Trustees to obtain the specific approval to their own form of licence agreement that would otherwise be required.
Deemed approval is not however regarded as being in place if the Standard Licence is varied. If you vary the Standard Licence in any way, if you delete or add anything (other than inserting the required information in the Particulars Section on the first two pages), please contact TMCP for approval on behalf of the Connexional Team, as it is TMCP who reviews the agreement on behalf of the Connexional Team. This approval must be confirmed before the licence is entered into. If you decide to use an alternative form of licence agreement, then this would require the approval of TMCP on behalf of the Connexional Team under Standing Order 931(3).
If the Managing Trustees have any concerns as to whether a licence is suitable, it is strongly recommended that they obtain independent legal advice from a local solicitor to satisfy themselves that the arrangement is properly documented.
Please note that you do not need to log a project on the Consents Website for a licence.