The Village Hall at Norbury [Norbury Village Hall] Terms & Conditions of Hire.
STANDARD CONDITIONS OF HIRE
The Hall means the Village Hall at Norbury (including its land and car park).
The Hirer means the person or organisation applying for hire of the Hall
The Trustees means the Trustees of the Norbury Village Hall Charitable Trust (Charity Number 1067948)
The Management Committee means the group of volunteers acting on behalf of the Trustees in the day-to-day running of the Hall.
Employees means any paid employee of the Trustees
2. Contract for Hire
This contract for hire of the Hall is made between the Hirer and the Trustees.
The Hirer, not being a person under 18 years of age, hereby accepts responsibility for being in charge of and on the premises at all times when the public are present and for ensuring that all conditions, under this Agreement, relating to management and supervision of the premises are met.
The Hirer shall, during the period of the hiring, be responsible for: supervision of the premises, the fabric and the contents of the Hall, their care, safety from damage however slight or change of any sort; and the behaviour of all persons using the premises whatever their capacity, including proper supervision of car parking arrangements so as to avoid obstruction of the highway. As directed by the Bookings Secretary, the Hirer shall make good or pay for all damage (including accidental damage) to the premises or to the fixtures, fittings or contents and for loss of contents.
5. Use of premises
The Hirer shall not use the premises for any purpose other than that described in the Hiring Agreement and shall not sub-hire or use the premises or allow the premises to be used for any unlawful purpose or in any unlawful way nor do anything or bring onto the premises anything which may endanger the same or render invalid any insurance policies in respect thereof nor allow the consumption of alcohol thereon without written permission.
6. Gaming, betting and lotteries
The Hirer shall ensure that nothing is done on or in relation to the premises in contravention of any applicable law relating to gaming, betting and lotteries.
7. Licensable activities
The Hirer shall ensure that the Hall holds a Performing Right Society Licence which permits the use of copyright music in any form, e.g. record, compact disc, tapes, radio, television or by performers in person. If other licences are required in respect of any activity in the Hall the Hirer should ensure that they hold the relevant licence or the Trustees hold it.
8. Public safety compliance
The Hirer shall comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, the Hall’s General and Fire Risk Assessments, particularly in connection with any event which constitutes regulated entertainment, at which alcohol is sold or provided or which is attended by children.
The hirer shall also comply with the Hall’s Health and Safety policy, and the Vulnerable Adult and Child Protection policy
(a) The Hirer acknowledges that they have received instruction in the following matters:
The action to be taken in event of fire. This includes calling the Fire Brigade and evacuating the Hall. Escape routes and the need to keep them clear.
Method of operation of escape door fastenings.
Appreciation of the importance of any fire doors and of closing all fire doors at the time of a fire.
The Hirer should familiarise themself with the location and use of fire equipment – a diagram is available on request.
(b) In advance of an entertainment or play the Hirer shall check the following items: That all fire exits are unlocked and panic bolts in good working order.
That all escape routes are free of obstruction and can be safely used.
That any fire doors are not wedged open. That exit signs are illuminated.
That there are no obvious fire hazards on the premises.
9. Outbreaks of fire
The Fire Brigade shall be called to any outbreak of fire, however slight, and details thereof shall be given to the designated Health and Safety Representative of the Management Committee.
10. Health and hygiene
The Hirer shall, if preparing, serving or selling food, observe all relevant food health and hygiene legislation and regulations. In particular dairy products, vegetables and meat on the premises must be refrigerated and stored in compliance with the Food Temperature Regulations.
11. Electrical appliance safety
The Hirer shall ensure that any electrical appliances brought by them to the premises and used there shall be safe, in good working order, and used in a safe manner in accordance with the Electricity at Work Regulations 1989. Where a residual circuit breaker is provided the hirer must make use of it in the interests of public safety.
12. Insurance and indemnity
(a) The Hirer shall be liable for:
(i) the cost of repair of any damage (including accidental and malicious damage) done to any part of the Hall including the curtilage thereof or the contents
(ii) all claims, losses, damages and costs made against or incurred by the Trustees, the Management Committee, Employees, volunteers, agents or invitees in respect of damage or loss of property or injury to persons arising as a result of the use of the premises (including the storage of equipment) by the Hirer, and
(iii) all claims, losses, damages and costs made against or incurred by the Trustees, the Management Committee, Employees, volunteers, agents or invitees as a result of any nuisance caused to a third party as a result of the use of the premises by the Hirer, and subject to sub-clause (b), the Hirer shall indemnify and keep indemnified accordingly each Trustee and member of the Management Committee and any Employee, volunteer, agent and invitee against such liabilities.
(b) The Trustees shall take out adequate insurance to insure the liabilities described in sub-clauses (a)(i) above and may, in its discretion and in the case of non commercial hirers, insure the liabilities described in sub-clauses (a) (ii) and (iii) above. The Trustees shall claim on their insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified each Trustee, member of the Management Committee and the any Employees, volunteers, agents and invitees against (a) any insurance excess incurred and (b) the difference between the amount of the liability and the monies received under the insurance policy.
(c) Where the Trustees do not insure the liabilities described in sub-clauses (a)(ii) and (iii) above, the Hirer shall take out adequate insurance to insure such liability and on demand shall produce the policy and current receipt or other evidence of cover to the Management Committee secretary. Failure to produce such policy and evidence of cover will render the hiring void and enable the Management Committee Secretary to rehire the premises to another hirer.
The Trustees and Management Committee are insured against any claims arising out of their own negligence.
13. Accidents and dangerous occurrences
The Hirer must report all accidents involving injury to the public to a member of the Management Committee as soon as possible and complete the village Hall’s accident form (available in the kitchen). Any failure of equipment belonging to the Hall or brought in by the Hirer must also be reported as soon as possible. Certain types of accident or injury must be reported on a special form to the Incident Contact Centre. The designated Health and Safety Representative on the Management Committee will give assistance in completing this form. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). The Incident Contact Centre can be contacted in any of the following ways: Telephone: 0845 3009923 Facsimile: 0845 3009924
Website: www.riddor.gov.uk or via the HSE website: www.hse.gov.uk
Post: Incident Contact Centre, Caerphilly Business Park, Caerphilly, CF83 3GG
14. Explosives and flammable substances
The hirer shall ensure that:
(a) Highly flammable substances are not brought into, or used in any part of the premises and that
(b) No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) shall be erected without the consent of the management committee. No decorations are to be put up near light fittings or heaters.
The Hirer shall ensure that no unauthorised heating appliances shall be used on the premises when open to the public without the consent of the Management Committee. Portable Liquefied Propane Gas (LPG) heating appliances shall not be used.
16. Drunk and disorderly behaviour and supply of illegal drugs
The Hirer shall ensure that in order to avoid disturbing neighbours to the Hall and avoid violent or criminal behaviour; care shall be taken to avoid excessive consumption of alcohol. Drunk and disorderly behaviour shall not be permitted either on the premises or in its immediate vicinity. Alcohol shall not be served to any person suspected of being drunk or to any person suspected of being under the age of 18. Any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way shall be asked to leave the premises. No illegal drugs may be brought onto the premises.
The Hirer shall ensure that no animals (including birds) except guide dogs are brought into the premises, other than for a special event agreed to by the Management Committee. No animals whatsoever are to enter the kitchen at any time.
18. Compliance with the Children Act 1989
The Hirer shall ensure that any activities for children under eight years of age comply with
the provisions of The Children Act of 1989 and that only fit and proper persons who have
passed the appropriate Criminal Records Bureau checks and, from 2010, comply with ISA requirements have access to the children. Checks may also apply where children over eight
and vulnerable adults are taking part in activities. The Hirer shall provide the Hall
Management Committee with a copy of their CRB check and Child Protection Policy on request.
19. Fly posting
The Hirer shall not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the premises, and shall indemnify and keep indemnified each member of the Management Committee accordingly against all actions, claims and proceedings arising from any breach of this condition. Failure to observe this condition may lead to prosecution by the local authority.
20. Sale of goods
The Hirer shall, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales. In particular, the Hirer shall ensure that the total prices of all goods and services are prominently displayed, as shall be the organiser’s name and address and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices.
21. Film shows
Children shall be restricted from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification. Hirers should ensure that they have the appropriate copyright licences for film.
If the Hirer wishes to cancel the booking before the date of the event and the Hall is unable to conclude a replacement booking, the question of the payment or the repayment of the fee shall be at the discretion of the Management Committee.
The Management Committee reserves the right to cancel this hiring by written notice to the Hirer in the event of:
(a) the Hall being required for use as a Polling Station for a Parliamentary or Local Government election or by-election
(b) the Management Committee reasonably considering that (i) such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or (ii) unlawful or unsuitable activities will take place at the premises as a result of this hiring
(c) the premises becoming unfit for the use intended by the Hirer
(d) an emergency requiring use of the premises as a shelter for the victims of flooding, snowstorm, fire, explosion or those at risk of these or similar disasters.
In any such case the Hirer shall be entitled to a refund of any deposit already paid, but neither the Trustees nor Management Committee shall be liable to the Hirer for any resulting direct or indirect loss, consequential losses or damages whatsoever.
23. End of hire
The Hirer shall be responsible for leaving the premises and surrounding area in a clean and tidy condition, properly locked and secured unless directed otherwise and any contents temporarily removed from their usual positions properly replaced and shall also be responsible for ensuring that all heaters and lights are turned off before securing the Hall, otherwise the Management Committee shall be at liberty to make an additional charge.
The Hirer shall ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. The Hirer shall, if using sound amplification equipment, make use of any noise limitation device provided at the premises and comply with any other licensing condition for the premises.
25 Stored equipment
The Trustees and Management Committee accept no responsibility for any stored equipment or other property brought on to or left at the Hall, and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring or fees will be charged for each day or part of a day at the hire fee per hiring until the same is removed.
The Management Committee may use its discretion in any of the following circumstances:
(a) Failure by the Hirer either to pay any charges in respect of stored equipment due and payable or to remove the same within 7 days after the agreed storage period has ended
(b) Failure by the Hirer to dispose of any property brought on to the premises for the purposes of the hiring. This may result in the Management Committee disposing of any such items by sale or otherwise on such terms and conditions as it thinks fit, and charge the Hirer any costs incurred in storing and selling or otherwise disposing of the same.
26. No alterations
No alterations or additions may be made to the premises nor may any fixtures be installed or placards, decorations or other articles be attached in any way to any part of the premises without the prior written approval of the Management Committee Secretary. Any alteration, fixture or fitting or attachment so approved shall at the discretion of the Management Committee remain in the premises at the end of the hiring. It will become the property of the Hall unless removed by the hirer who must make good to the satisfaction of the Hall or, if any damage caused to the premises by such removal.
27. No rights
The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer.
28. Dangerous and unsuitable performances
Performances involving danger to the public or of a sexually explicit nature shall not be given.
The Hirer shall, and shall ensure that the Hirer’s invitees, comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. Any person who breaches this provision shall be asked to leave the Hall.