Agenda and draft minutes

The Conservators are asked to confirm as a true record the Minutes of the Conservators’ Meeting held on 6 November 2023 (attached) and to authorise the Chair to sign them.

The Minutes of the previous meeting of the Epsom and Walton Downs Conservators held on 6 November 2023 were agreed as a true record and signed by the Chair.

This report seeks approval for the 2024/25 budget and the recommended precepts on the constituent bodies.

The Conservators received a report seeking approval for the 2024/25 budget and the recommended precepts on the constituent bodies.

Following consideration, the Conservators unanimously resolved to:

(1)      Note the latest income and expenditure position for 2023/24;

(2)      Approve the 2024/25 budget and the requested precepts, as set out in section 4 and Appendix 1 to this report.

This report presents the risk register for the Epsom and Walton Downs for review and note by the Conservators.

The Conservators received a report presenting the risk register for the Epsom and Walton Downs for review and note.

The following matters were considered:

a)            Legal Decisions. A Member of the Conservators raised a concern about risk EWC10 on page 23,  regarding lawful decisions made by the Conservators and expressed hope that legal advice would be sought and provided before any decisions are made to ensure they are completely lawful.   The Chair responded to inform the Committee that the risk is not saying that the Conservators are making illegal decisions, it is just acknowledging that there is a risk because decisions of the Conservators must be proper and legal and therefore, mitigants are put in place to deal with the risk and ensure that the decisions made are fully compliant with the law. The Clerk to the Conservators highlighted to the Committee that the risk is highlighted in red and scored at a 12 for the inherent risk of making illegal decisions, however, once all the mitigations are considered, the residual risk is only scored at a 4.

b)            Safety on the Downs. A Member of the Conservators asked where the responsibilitylies for ensuring and enforcing safety on the Downs and if it lies solely with the Downskeepers. The Chair responded to state that the Downskeepers work in conjunction with the Jockey Club to ensure the safety of members of the public, exercise riders and trainers on the Downs in accordance with the byelaws created by the Conservators, therefore sharing the risk across the constituent bodies (EEBC, TJC and TGMB) who make up the Conservators. The Member of the Conservators responded to ask who takes responsibility for the Downskeepers actions. The Chair informed the Conservators that Epsom and Ewell Borough Council is responsible for the Downskeepers actions. The Member of the Conservators responded to point out that the Downskeepers are taking on a greater role in ensuring the safety of all users of Downs and they will require more support. The Chair noted the comment and informed the Conservators that this topic will continue to be discussed to ensure that additional support is given to ensure the safety of all users of the Downs.

Following consideration, the Conservators unanimously resolved to:

(1)    Review, and note the strategic risk register located at Appendix 1.

This report informs the Conservators of dates for race meetings in 2024 and presents a request from Jockey Club Racecourses for consent for race meetings and extensions to the periods permitted for fencing, as required by the Epsom and Walton Downs Regulation Act 1984 and Epsom and Walton Downs Byelaws.

The Conservators received a report informing them of dates for race meetings in 2024 and presents a request from Jockey Club Racecourses for consent for race meetings and extensions to the periods permitted for fencing, as required by the Epsom and Walton Downs Regulation Act 1984 and Epsom and Walton Downs Byelaws.

Following consideration, the Conservators unanimously resolved to:

(1)      Note the dates of the 2024 racing season for Epsom Downs detailed in paragraph 2.1 of this report, and grant their consent to the following meetings in accordance with section 14 of the Epsom and Walton Downs Regulation Act 1984:

·         Wednesday 3 July (Evening)

·         Thursday 11 July (Evening)

·         Thursday 18 July (Evening)

·         Thursday 1 August (Evening)

·         Sunday 29 September

(2)      Note that Jockey Club Racecourses has applied to Surrey County Council for the temporary suspension of Footpath 50 and Footpath 51 as detailed in section 4 of this report.

(3)      Consider and determine an application from Jockey Club Racecourses for consent under the Byelaw 2 (i) (a) to extend the fencing period for the Upper Tattenham Enclosure and Lonsdale Enclosure for 4 days to cover the period 13 May - 16 May 2024.

(4)      Consider and determine an application from Jockey Club Racecourses for consent under the Byelaw 2 (i) (a) to extend the fencing period for the Lonsdale Enclosure to enable fencing to remain in place between the dates of 12 – 18 June 2024.

An update on the arrangements for the Derby 2024.

The Conservators received an update on the arrangements for the Derby 2024.

Following consideration, the Conservators unanimously resolved to:

(1)      Note the update on the 2024 Derby arrangements from the Epsom Downs Racecourse.

To update the Conservators on the use of the Owners and Trainers and Derby Arm Car Parks by the Racecourse during 2023 and to formally request permission for ad-hoc use in 2024.

The Conservators received an update on the use of the Owners and Trainers and Derby Arm Car Parks by the Racecourse during 2023 and a formal request for permission fof ad-hoc use in 2024.

Following consideration, the Conservators unanimously resolved to:

(1)      Note the level of use by the Jockey Club of car parks 3 and 8 during 2023

(2)      To approve an application by the Jockey Club to use these car parks during 2024 for ad-hoc events, subject to the production of a Management Plan to be approved by senior Officers in consultation with the Chair of the Conservators.

To review the use of barbecues during 2023 race meetings and receive an application from Epsom Downs Racecourse for the use of the barbecues at 2024 events.

The Conservators received a review of the use of barbecues during 2023 race meetings and received an application from Epsom Downs Racecourse for the use of barbecues at 2024 events.

The following matters were considered:

a)            Experience of BBQs. A Member of the Conservators asked if there had been an issues, from damage to the downs or injuries sustained by individuals as a result of BBQs. The Vice Chair confirmed that there has been no damage or injuries as a result of the BBQs since the Scheme began.

Following consideration, the Conservators unanimously resolved to:

(1)      Note the success of the Barbecue Scheme during 2023 race meetings.

(2)      To grant Epsom Downs Racecourse permission to use barbeques at race meetings throughout 2024, namely Ladies Day, The Derby, and the August Bank Holiday race meetings.

To approve a request from Cancer Research UK to hold the annual Race for Life Event on the Downs in 2024.

The Conservators received a report presenting a request from Cancer Research UK to hold the annual Race for Life Event on the Downs in 2024.

The following matters were considered:

a)            Cap on Participants Numbers. A Member of the Conservators raised that the approximate participants number is very high and quite vague and suggested that Conservators might be inclined to suggest a cap on numbers at the event. The Chair noted the comment and informed the Conservators that it is something to be considered and explored if events of this sort of scale are applying to be held on the Downs more regularly. The Chair raised that it can be communicated to event organisers that a cap on numbers of participants is being considered by the Conservators.

b)            Downs Education Stand. A Member of the Conservators raised that the event would be a good opportunity for visitor education and having a stand with a handout about the Downs would spread awareness of the local nature, Downs uses and byelaws. The Chair thanked the Member for the suggestion and indicated that if it could be coordinated between the Jockey Club and Borough Council, then it would be a great way to raise awareness. A Member of the Conservators raised a concern about giving out a paper handout, citing the cost and risk of littering, and suggested an email to participants from event organisers could be a better and more sustainable option, or an option of including a handout within the information pack they will receive prior to the event from the organisers.

c)            Footfall damage. A Member of the Conservators acknowledged that the event has been previously supported and approved by the Conservators for a number of years but wished to highlight the issue of increased footfall on the Downs and the potential damage it can cause.

d)            Downskeepers. A Member of the Conservators asked where the input from Downskeepers is regarding the impact of the event last year and a summary of how it went from their perspective. The Member highlighted the importance of listening to the feedback and advice of the team who help organise, police, and clear up after the event. The Chair informed the Conservators that they intend to invite Nigel Whybrow to future Conservators Meetings on an ad hoc basis to provide a report on what is happening on the Downs. The Chair also proposed asking the Downskeepers to come and give an update, in person or written, so their invaluable input is not being overlooked, and getting an update from TGMB fed back to future Conservators Meetings.

e)            Tadworth 10. A Member of the Conservators raised that it is important for the organisers of events on the Downs to be made aware that participants must not cross the track at any point, other than at the agreed designated points shared with participants prior to the event and requested that this could be fed back to the organisers of the Tadworth 10 event. The Chair noted  ...  view the full minutes text for item 55.

The Chair expressed thanks to the Conservators for attending a tour of the Downs. The Chair continued to inform the Conservators that they are looking to expand the offer to all Councillors in February and invite all Councillors to the first spring race meeting.