CORONAVIRUS STATEMENT FROM THE CHAIRMAN AND
EXECUTIVE COMMITTEE OF ENFIELD SPORT (31/3/20)

This statement has been written to alert sports clubs based in Enfield to a number of issues that they might not have considered up to this point and to help them manage the issues that have arisen as a result of the Coronavirus outbreak. It has also been written to ensure that all sports clubs in Enfield receive a consistent message from the organisation (Enfield Sport) that seeks to represents their interests. Clubs should not solely rely on this statement and should take full account of the Government’s requirements, as set out on the GOV.UK web site, as well as advice and instructions from Enfield Council, Sport England and the relevant Governing Bodies of Sport. If clubs are in any doubt as to what action they should take, the Government’s requirements take precedence, absolutely, ahead of any advice included in this statement.

Clubs should be aware that Enfield Sport is a voluntary body, is not incorporated and  is not a separate legal entity; so any advice that it provides does not have any standing in law. The contents of this statement are provided in good faith, on a non prejudicial basis and do not represent a legal view on the issues that have arisen. If a Club is concerned about the legal implications associated with any of the issues it is facing, it should seek its own legal advice.

The Coronavirus outbreak has clearly had a massive impact on the management of all sports clubs based in Enfield, as well elsewhere across the country. The immediate priority is to protect the health and wellbeing of all sports clubs’ members, as well as everyone else associated with the club and the wider community. However, sports clubs also need to understand the wider role that they play and will continue to play in keeping people fit and healthy, which in itself is a positive way of helping people avoid getting ill. Furthermore, there is an economic impact to consider. Although it is not apparent at this stage, the future viability of some sports clubs will inevitably be under threat, given the significant loss of income they are experiencing and the difficulty they will have in controlling costs. 

For all of the above reasons Enfield Sport has decided to produce this Statement, in an effort to help Enfield based sports clubs better understand and manage the issues they are currently facing.

Enfield Sport understand that the vast majority (if not all) of the sports clubs in Enfield are closed until further notice, following the issuing of the Government’s advice / requirements (which can be found on the GOV.UK web site). However, some clubs who provide outdoor sports activities have contacted Enfield Sport, to seek clarity on whether individuals or household groups can play specific sports at club facilities, providing they do not travel far and comply with the social distancing rules that have come in to force.  

Enfield Sport’s interpretation of the Government requirements / advice is, strictly speaking, individuals could play specific sports by themselves (or with household members), providing they don't travel too far (not defined) and they comply with social distancing rules; but Enfield Sport does not believe that this would be complying with the spirit of the Government's requirements, which state that people should stay at home, except for very limited purposes (as described above).

Clubs providing outdoor sports opportunities need to take in to account  the GOV.UK web site, which states that communal places within parks, such as playgrounds, sports courts and outdoor gyms should be closed; although it is not clear as to what is allowable at sports clubs that are not based in parks. The focus on closing “communal places” is obviously designed to prevent the spread of the virus, as are the social distancing rules and Enfield Sport believes that this approach should be applied to all sports clubs.  

Enfield Sport believes that, in normal circumstances, sports clubs are deemed to be "communal places" and, as such, should be shut for that reason, wherever they are located. The point here is if a club allows one person to play sport by themselves (or with household members) within a club site, what is to stop all other members of that same club turning up on the same basis? ….and before we know it the site can be seen to be, once again, a "communal place". Put another way, clubs cannot have one rule for one member and different rules for all the other members.

In considering the above, clubs should take full account of what the relevant Governing Body of Sport is saying. So, for example, the Lawn Tennis Association have instructed all tennis clubs to close and all tennis activities at those clubs to cease (thus preventing individuals or household groups playing tennis). Similarly the Rugby Football Union has made it clear that all rugby activity, including training, should be suspended immediately. These are just two examples. Clubs should check what their own Governing Body is saying about these issues.

Clubs should be aware that Sport England are providing advice on issues relating to the Coronavirus outbreak. It has recently hosted a webcast  titled “A United Response to COV-19: Update from Sport England.” This may have some relevant content for sports clubs and a recording of the event will be made available on their website in the near future. The latest update can be found via  https://www.sportengland.org/news/coronavirus-information-sector

Clubs should also consider the following issues:

1. If the Club allows an individual or household group to play sport at their club, what happens if someone badly injures himself / herself, or falls ill? If the person concerned requires an ambulance then the individual will be taking up valuable NHS resources at a time when it needs to focus on other priorities;
2. What is the Club’s insurance position and what liabilities might they have if someone injuries themselves, if the club is shut and yet has allowed or condoned the playing of sport at their site?
3. What happens to the Club’s reputation if the local community sees people playing sport at a club that is supposed to be shut?    

Given all the above, Enfield Sport is of the view that sports clubs should be closed, for the playing of sport, for ALL members, volunteers and visitors, until further notice. 

The issue of whether volunteers are allowed to undertake maintenance work at sports clubs is difficult to determine. The Government’s requirements relating to employment is not really relevant, as it refers to working from home unless it is essential that an employee has to attend their place of work. Enfield Sport is not aware of any requirements relating to work that is undertaken by volunteers at sports clubs. However, it would seem logical to conclude that volunteers can visit sports clubs to check the premises and undertake maintenance work, where is it absolutely essential to do so, providing other requirements relating to not travelling too far and social distancing are being complied with.

One example of essential works (to be undertaken by volunteers) might be to disconnect  the water supply, if there is a water leak that is damaging the property. It would seem reasonable for a volunteer to deal with such an issue, providing they are complying with the other relevant Government requirements.

The issue of maintaining grass pitches and other sports surfaces is less easy to be clear about. In the view of Enfield Sport, the normal and regular maintenance of grass pitches and sports surfaces cannot be deemed to be an essential activity; partly because the associated sports should not be being played at this time, but also because the lack of maintenance will normally not have a long term negative impact on the club in question and will be recoverable in due course.

In stating the above, Enfield Sport is not clear what Enfield Council has decided, as a matter of principal, in relation to the cutting of grass in parks, playing fields and sports grounds. Enfield Sport have written to the Council on this matter, but have not yet received a reply. If it becomes clear that Enfield Council are continuing to cut grass in these place, Enfield Sport does not see any reason why volunteers at sports clubs cannot do the same (providing social distancing rules etc are complied with). However, until this issue is clarified, Enfield Sport would advise volunteers to not undertake any maintenance work, including grounds maintenance work or grass cutting, unless they can clearly demonstrate that it is essential to do so.

The issue of training (to retain fitness and a competitive edge) is another one that clubs will need to consider. The Government’s requirements and Governing Body instructions (where known) make it clear that clubs should not be organising or facilitating group training sessions. However, clubs may wish to consider organising on-line training for individual club members, to be undertaken separately from all other participants and not at the club’s premises; providing it meets the Government requirement that only one form of exercise is allowed, per person, each day. The social distancing requirements are also relevant here.

Enfield Sport is aware that the vast majority of sports clubs are facing a significant loss of income (from members and through external hires) and are having difficulties controlling some of their costs. In some case, this might put the future viability of sports clubs at risk, particularly if the Coronavirus outbreak continues for a significant period of time.

In view of this impact Enfield Sport has written to Enfield Council asking for help and support during this difficult time. The letter refers to three ways in which the Council could help sports clubs at this time:

1. Cancel rent payments, where Clubs have Leases with the Council; as from March 1st 2020 to the date when the Coronavirus outbreak has been declared to be over by the Government and the sports clubs can return to their normal activities;
2. Offer the opportunity to provide sports clubs with financial loans, where they submit hardship claims (supported by relevant evidence), to be repaid over a reasonable period of time, with no interest to be paid on those loans;
3. Where Clubs request it, cease to provide regular services that the Council charges for (eg grounds maintenance of sports grounds and rubbish collection).  

Enfield Sport has received an acknowledgement but has not yet received a reply on the issues covered above. Enfield Ignatians RFC have also received a reply from the Council (from Keith Hellen, who works in the property services team) which advises that the Council is considering the issue of whether rent free period could be introduced. Once this matter has been clarified the relevant information will be sent to all sports clubs.
Sports clubs should contact their Governing Body to see if it is offering financial support at this time. For example, the Rugby Football Union have set up a fund to help support community clubs, although it is not yet clear when the financial support will be available and what level of support will be offered.
In addition, clubs should check their insurance policies to see if they are covered for loss of earnings / income and additional costs arising from the Coronavirus outbreak

The primary concern of clubs is the health and wellbeing of its members and all other people who have an association with the club (including employees, if relevant). The Government requirements must be followed and, if in doubt, clubs should err on the side of caution.
Having said the above, club committees and appointed officials also have a responsibility to ensure (on behalf of their members) that the club’s buildings and facilities are secure and that the risks of fire, flooding, damage, vandalism, break-ins and unauthorised use of the premises are reduced as far as they reasonably can be. It would therefore seem appropriate that the club premises are inspected on a regular basis, to ensure that these issues are proactively addressed before they potentially become a problem. Clubs will have to take their own view on what is appropriate, but if visual inspections and works are to be carried out, the Government’s requirements, including those relating to essential travel and social distancing, need to be complied with.

To help clubs (and their members) protect their position, they should carry out a Risk Assessment before anyone visits the club premises at this time, to ensure that all risks are identified and mitigated as far as they reasonably can be.

Clubs should also take account of what is stipulated in their insurance policies, particularly any references relating to the occupation of the club premises (some policies will require the premises to be occupied (or used) for a certain amount of time each year, or to be used on a certain basis). There may also be a requirement to remove all cash and valuable items (potentially including stock) from the premises, which is something that clubs should be considering in any case. 

Enfield Sport currently believes that all sports clubs should be shut and should not allow the playing of sport at the site they are responsible for and that volunteers should only undertake maintenance work if it can be shown that such work is essential.

A further update will be produced in due course, if and when the current rules and requirements are further clarified, or are amended by the Government or any other body that has powers in relation to the management of the Coronovirus outbreak.