STANDARD CONDITIONS OF HIRE

These standard conditions apply to all hiring of the Community Centre. If you are in any doubt as to the meaning of any of the Conditions, you must seek clarification from us without delay.

 

A. GENERAL CONDITIONS

1. Age and Responsibility

You, not being a person under 21 years of age, hereby accept 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.

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2. Supervision of Premises

During the period of the hiring, you are responsible for:

• Supervision of the premises, the fabric and the contents.

• Care of the premises, safety from damage however slight or change of any sort.

• 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 us, you must 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.

You or a responsible representative must be present at all times during the hire.

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3. Venue Suitability

It is your responsibility to ensure that the venue is suitable for the proposed hire. Please note that there is no hard-wired telephone available or Wi-Fi. The heating is set and controlled from the office and cannot be adjusted in any of the rooms.

The Community Centre comprises the building, the patio and the path around the building.

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4. Use of Premises

You must not use the premises (including the car park, if any) for any purpose other than that described in the Agreement and must not sub-hire or use the premises or allow the premises to be used for any unlawful or unsuitable purpose or in any unlawful way nor do anything or bring onto the premises anything which might endanger the premises or render invalid any insurance policies covering the premises nor allow the consumption of alcohol without our written permission.

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5. Hire Fees and Cancellation

The hire fee will either be invoiced in arrears or is payable weekly by prior arrangement.

If you wish to cancel the booking before the date of the event and we are unable to conclude a replacement booking, we may, in our complete discretion, return the deposit or require payment of the hire fee. A minimum of two weeks’ notice is required for cancellations.

We reserve the right to cancel this Agreement by giving you written notice in the event of:

• The premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election.

• Our reasonably considering that such hiring will lead to a breach of licensing conditions, legal or statutory requirements, or that unlawful or unsuitable activities will take place.

• The premises becoming unfit for your intended use.

• An emergency requiring use of the premises as a shelter for the victims of flooding, snowstorm, fire, explosion or similar disasters.

In any such case you will be entitled to a refund of any deposit already paid, but we will not be liable to you for any resulting direct or indirect loss or damages whatsoever.

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6. Gaming, Betting and Lotteries

You must ensure that nothing is done on or in relation to the premises in contravention of the law relating to gaming, betting and lotteries.

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7. Music Copyright Licensing

You must ensure that we hold relevant licences under Performing Right Society (PRS) and the Phonographic Performance Licence (PPL) or, where appropriate, you must hold such licence(s).

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8. Music

You must have our written permission for performance of live music and the playing of recorded music under the Deregulation Act 2015. This Agreement confers that permission.

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9. Film Shows

You must restrict children from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification. You must ensure that you have the appropriate copyright licences for film. This Agreement confers the required permission on you. (The Deregulation Act 2015 requires you to have our written permission to show a film.)

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10. No Rights of Occupation

This Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on you.

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B. HEALTH, SAFETY AND FIRE

11. Public Safety Compliance

You must comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, and our fire risk assessment or otherwise, particularly in connection with any event which constitutes regulated entertainment, at which alcohol is sold or provided or which is attended by children. You must also comply with our health and safety policy.

You must call the Fire Service to any outbreak of fire, however slight, and give details to our Administrator.

(i) You acknowledge that you have received instruction in the following matters:

• The action to be taken in event of fire, including calling the Fire Brigade and evacuating the Centre.

• The location and use of fire equipment.

• 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.

• Location of the first aid box.

(ii) In advance of any activity, whether regulated entertainment or not, you must check the following:

• That all fire exits are unlocked and panic bolts are in good working order.

• That all escape routes are free of obstruction and can be safely used for instant free public exit.

• That any fire doors are not wedged open.

• That exit signs are illuminated.

• That there are no fire hazards on the premises.

• That the emergency lighting supply illuminating all exit signs and routes is turned on during the whole of the time the premises are occupied (if not operated by an automatic mains failure switching device).

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12. Fire Alarm System

You are responsible for familiarising yourself with the fire alarm system and the red call points. These are the red boxes mounted on the wall adjacent to all emergency exit doors within the area hired. If fire or smoke is visible, these can be manually pushed which will activate the fire alarm throughout the Centre.

You are also responsible for ensuring that all colleagues/guests are advised of the Fire Drill (copy attached) to be followed in the event of the system being activated or fire detected.

If the fire alarm system is activated with fire evident, the Fire Brigade MUST be called at once.

The fire alarm, once activated, will automatically telephone members of the SMVCA Committee (but not the Fire Brigade) who upon arrival at the Centre will manage the situation and deactivate/reset the system as necessary.

No one will be allowed to re-enter the Centre until the SMVCA Committee member, in association with the Fire Brigade (if in attendance), has given authority to do so and the fire alarm system has been reset.

Any proven misuse of the fire alarm system will incur a penalty payment of £50.

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13. Explosives and Flammable Substances

You must ensure that:

• Highly flammable substances are not brought into, or used in any part of the premises.

• No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) are erected without our consent. No decorations are to be put up near light fittings or heaters.

• Gas cylinders, e.g. those used to inflate balloons, must not be placed in the skip. They are to be returned to the owner.

• Smoke machines are not to be used on the premises.

• Balloons must be secured and not allowed to float to the ceiling of the main hall. It is highly dangerous for balloons to become entangled in the ceiling fans. If this happens, the fans MUST BE TURNED OFF IMMEDIATELY and must remain switched off for the remaining hire period. The Administrator must be informed before 9 a.m. the following day.

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14. Heating

You must ensure that no unauthorised heating appliances are used on the premises when open to the public without our consent. You must not use portable Liquefied Propane Gas (LPG) heating appliances.

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15. Use of Candles

Any use of candles MUST be strictly monitored and a risk assessment must be completed and attached to the hire contract. Candles should be placed in appropriate fire-resistant holders. A responsible person must monitor the candle(s) at all times.

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16. Electrical Appliance Safety

You must ensure that any electrical appliances brought by you to the premises and used there are 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, you must make use of it in the interests of public safety.

PAT (Portable Appliance Test) certificates MUST be provided for any electrical equipment used which does not belong to the Centre, e.g. kettles.

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17. Risk Assessment

The rooms are used for many activities and it is your responsibility to carry out a risk assessment BEFORE any clients arrive. Some activities involve the use of sharp objects which may be accidentally left on the floor, and you must take appropriate precautions.

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18. Food, Health and Hygiene

You must, 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. The premises are provided with a refrigerator.

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19. Accidents and Dangerous Occurrences

You must report to us as soon as possible any failure of our equipment or equipment brought in by you. You must report all accidents involving injury to the public to us as soon as possible and complete the relevant section in our accident book.

You must report certain types of accident or injury on a special form to the Incident Contact Centre. Our Administrator will give assistance in completing this form and can provide contact details. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

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20. Safeguarding Children, Young People and Vulnerable Adults

You must ensure that any activities for children, young people and other vulnerable adults are only provided by fit and proper persons in accordance with the Safeguarding Vulnerable Groups Act 2006 and any subsequent legislation. When requested, you must provide us with a copy of your Safeguarding Policy and evidence that you have carried out relevant checks through the Disclosure and Barring Service (DBS).

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C. INSURANCE AND LIABILITY

21. Insurance and Indemnity

(i) You are liable for:

• (a) The cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including its curtilage or its contents.

• (b) All claims, losses, damages and costs made against or incurred by us, our employees, volunteers, agents or invitees in respect of damage or loss of property or injury to persons arising as a result of your use of the premises (including the storage of equipment).

• (c) All claims, losses, damages and costs made against or incurred by us as a result of any nuisance caused to a third party as a result of your use of the premises.

Subject to sub-clause (ii), you must indemnify us against such liabilities.

(ii) We will take out adequate insurance to insure the liabilities described in sub-clause (i)(a) above and may, in our discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (i)(b) and (c) above. We will claim on our insurance for any liability you incur but you must indemnify us against:

• (a) Any insurance excess incurred; and

• (b) The difference between the amount of the liability and the monies we receive under the insurance policy.

(iii) Where we do not insure the liabilities described in sub-clauses (i)(b) and (c) above, you must take out adequate insurance to insure such liability and on demand must produce the policy and current receipt or other evidence of cover to our Administrator. If you fail to produce such policy and evidence of cover, we will cancel this Agreement and re-hire the premises to another hirer.

Hirers are advised that the Association’s insurance does not cover consequential loss to third parties. Individual hirers are urged to seek their own insurance cover in this regard.

We are insured against any claims arising out of our own negligence.

Copies of Public Liability Insurance, DBS certificates, or PAT test certificates MUST be provided if relevant to your session.

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D. CONDUCT AND GOOD NEIGHBOURS

22. Good Neighbours Policy

The Community Centre is situated in a residential area and, at all times, you must keep in mind the need for quiet and decorum.

Cars parked in Eskdale Road must be kept clear of residents’ driveways. All those attending the Community Centre must leave quietly to ensure the peace of local residents. Fire regulations dictate that the entrance to the Centre must not be obstructed at any time.

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23. Noise

You must ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. You must, 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. No music to be played after midnight.

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24. Drunk and Disorderly Behaviour and Illegal Drugs

You must ensure that in order to avoid disturbing neighbours and avoid violent or criminal behaviour:

• No one attending the event consumes excessive amounts of alcohol.

• No illegal drugs are brought onto the premises.

Drunk and disorderly behaviour is not permitted either on the premises or in its immediate vicinity. We will ask any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way to leave the premises in accordance with the Licensing Act 2003.

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25. Animals

You must ensure that guide dogs, hearing dogs and assistance dog owners are allowed on the premises in accordance with the Equality Act 2010. No other animals (including birds) are to be brought into the premises without prior arrangement.

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26. Smoking

You must comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. We will ask any person who breaches this provision to leave the premises. You must ensure that anyone wishing to smoke does so outside and disposes of cigarette ends, matches etc. in a tidy and responsible manner, so as not to cause a fire.

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27. Dangerous and Unsuitable Performances

Performances involving danger to the public or of a sexually explicit nature shall not be given.

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E. PREMISES CARE AND CLOSE-DOWN

28. Decorations and Fixings

No sellotape is to be used when putting up information or decorations – only white tac. You must not make any alterations or additions to the premises, nor install or attach any fixtures or placards, decorations or other articles in any way to any part of the premises without our prior written approval.

In our discretion, any alteration, fixture or fitting or attachment which we have approved may remain in the premises at the end of the hiring. Such items will become our property unless you remove them and you must make good to our satisfaction any damage caused by such removal.

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29. Clearing Up After Hire

Main Hall:

Chairs should be stacked on the left side of the main hall and tables wiped and returned to the stack. The toilets must be checked and left clean and the foyer carpet must be left clean. The hall floor must be swept and mopped if necessary. Dog trainers must provide their own cleaning equipment.

Park Room / Committee Room:

Tables and chairs should be put back as per plan. All tables should be wiped clean if necessary. Floors must be swept clean and mopped if necessary. If used, ovens, microwaves and fridges are to be cleaned. No food should be left in any of the fridges. All food and rubbish must be placed in black sacks and put inside the large bin outside the Centre. Any sacks that cannot be accommodated in the large bin should be securely fastened and left close to the bin. The toilets must be checked and left clean.

Please note there is NO nappy bin in the Park Room – users must take soiled nappies home to dispose of.

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30. End of Hire and Close-Down

You are 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, otherwise we may make an additional charge.

Please remove all property belonging to you.

You are responsible for turning off all fans and lights, including those in the toilets, and ensuring windows and fire exits are securely fastened. Please ensure both heating and lights are turned off. If the hire is at the end of the day, please ensure all curtains are drawn back and secured with the available tiebacks.

There will be a surcharge of £20 if lights etc. are left on overnight or £40 for weekends.

Ensure that the front door is locked securely before you leave the premises. It is recommended that front doors are kept locked during the period of hire to minimise unauthorised entry and the possibility of disturbance and/or damage to the premises.

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31. Stored Equipment

We accept no responsibility for any stored equipment or other property brought on to or left at the premises, 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 we will charge fees each day or part of a day at the hire fee per hiring until the same is removed.

We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances:

• Your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended.

• Your failure to dispose of any property brought on to the premises for the purposes of the hiring.

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32. No alteration

You must not make any alterations or additions to the premises, nor install or attach any fixtures or placards, decorations or other articles in any way to any part of the premises without our prior written approval. In our discretion, any alteration, fixture or fitting or attachment which we have approved may remain in the premises at the end of the hiring. Such items will become our property unless you remove them and you must make good to our satisfaction at your own cost.

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F. OTHER CONDITIONS

33. Sale of Goods

You must, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales. In particular, you must ensure that the total prices of all goods and services are prominently displayed, as must be the organiser’s name and address, and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices.

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34. Fly Posting

You must not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the premises, and must indemnify and keep us indemnified accordingly against all actions, claims and proceedings arising from any breach of this Condition. If you fail to observe this Condition you may be prosecuted by the local authority.

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35. Photographs

SMVCA reserve the right to use any photographs taken at the Centre for advertising or promotional purposes.

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36. Shared Facilities

When hiring either the main hall or the committee room, the kitchen and toilet may need to be shared. Please respect others who could be using the facilities. We expect each hirer to respect other users of the centre and you must START and FINISH at the times stated in order that the room(s) are available for the next booking.

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37. Termination and Breach

If all conditions are not strictly adhered to, we have the right, at any time during the hire, to terminate the hire forthwith and the full hire charge will be forfeited.

If there is any damage to the room, its contents or environs, any of the conditions of hire are broken or there are any complaints from local residents or the police, we reserve the right to seek compensation from you.

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38. WiFi Services

When using the WiFi service you agree at all times to be bound by the following provisions:

(i) not to use the WiFi service for any for the following purposes:

(a) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;

(b) transmitting material that constitutes a criminal offence or encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;

(c) interfering with any other persons use or enjoyment of the WiFi service; or

(d) making, transmitting or storing electronic copies of material protected by copyright without permission of the owner;

(ii) to keep any username, password, or any other information which forms part of the WiFi service security procedure confidential and not to disclose it to any third party.

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39. Termination of the WiFi service

We have the right to suspend or terminate our WiFi service immediately in the event that there is any breach of any of the provisions of these Standard Conditions including without limitation:

(i) if you use any equipment which is defective or illegal;

(ii) if you cause any technical or other problems to our WiFi service;

(iii) if, in our opinion, you are involved in fraudulent or unauthorised use of our WiFi service;

(iv) if you resell access to our WiFi service; or

(v) if you use our WiFi service in contravention of the terms of these Standard Conditions.

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40. Availability of WiFi Services

(i) Although we aim to offer the best WiFi service possible, we make no promise that the WiFi service will meet your requirements. We cannot guarantee that our WiFi service will be fault-free or accessible at all times.

(ii) It is your responsibility to ensure that any WiFi enabled device used by you is compatible with our WiFi service and is switched on. The availability and performance of our WiFi service is subject to all memory, storage and any other limitations in your device. Our WiFi service is only available to your device when it is within the operating range of the main hall.

(iii) We are not responsible for data, messages, or pages that you may lose or that become misdirected because of the interruptions or performance issues with our WiFi service or wireless communications networks generally. We may impose usage, or service limits, suspend service, or block certain kinds of usage in our sole discretion, to protect other users of our WiFi service. Network speed is no indication of the speed at which your WiFi enabled device or our WiFi service sends or receives data. Actual network speed will vary based on configuration, compression and network congestion.

Privacy and Data Protection

(i) We may collect and store personal data through your use of our WiFi service.

(ii) We may process all information about you which is provided in relation to our WiFi service in accordance with your legal rights under the Data Protection 1998 and solely for the purposes of offering the WiFi service.

(iii) By using our WiFi service, you agree to the terms of this clause 40.

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41. Cancellation

If you wish to cancel the booking before the date of the event and we are unable to conclude a replacement booking, we may, in our complete discretion, return the deposit or require payment of the hire fee.

We reserve the right to cancel this Agreement by giving you written notice in the event of:

(i) the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;

(ii) our reasonably considering that (a) such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or (b) unlawful or unsuitable activities will take place at the premises as a result of this hiring;

(iii) the premises becoming unfit for your intended use;

(iv) 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 you will be entitled to a refund of any deposit already paid, but we will not be liable to you for any resulting direct or indirect loss or damages whatsoever.

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Disclaimer: No claims resulting from loss of the use of the facilities will be entered into by the Association or the Parish Council.