For the purposes of this Agreement and the Conditions of Hire
“Hirer” means the individual hirer or organisation detailed on the Booking Form and is referred to in thisAgreement as “you”; “your” is to be construed accordingly; “you” also includes the members of yourmanagement committee (if appropriate), your employees, volunteers, agents and invitees.
“Premises” means the Village Hall and car park.
“Booking” means the contract on the terms of this Agreement between the Hirer and us.
“We” means the Sulgrave Village Hall acting by its management committee; “our” is to be construedaccordingly and “we” and “us” mean and include the members for the time being of the managementcommittee and of Sulgrave Parochial Church Council (trustees of the Village Hall), employees, volunteers,agents and invitees.
If the Hirer is in any doubt as to the meaning of any of the Conditions, the Booking Manager should immediately be consulted.
In consideration of the Hire Fee detailed on the Booking Form, we agree to permit you to use the Premisesfor the purpose and function and for the period(s) described in the Booking Form.
All details included in the Booking Form are part of this Agreement.
We and you hereby agree that the Standard Conditions of Hire (see below), together with any additional conditions that we deem necessary, form part of the terms of this Agreement unless we and you agree in writing.
You agree with us to be present (by your authorised representative, if appropriate) during the hiring and to comply fully with this Agreement.
We do not have a Premises Licence. This Agreement gives permission to you for a performance of live music, the playing of recorded music, or an exhibition of a film but only in accordance with the Deregulation Act 2015.
You are responsible for ensuring that screenings of film abide by age classification ratings.
You agree that if regulated entertainment outside of the Deregulation Act 2015 is to be held you will obtain our consent to give notice of a TEN to the licensing authority.
You agree to obtain our consent to give notice of your intention to provide alcohol at the event andto give notice of a TEN to the licensing authority.
If you fail to comply with i, ii or iii above, we will cancel the hiring without compensation. This is becausethere is a limit on the number of TENs that can be granted annually for any premises. Lack of co-operationcould affect future fundraising by us and by local voluntary organisations.
None of the provisions of this Agreement are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party to this Agreement.
If you are in any doubt as to the meaning of any of the Conditions, you must seek clarification from us without delay.
You, not being a person under 18 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 Standard Conditions under this Agreement relating to management and supervision of the premises are met.
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; 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 us, you must make good or pay for all damage (including accidental damage) to the premisesor to the fixtures, fittings or contents and for loss of contents.
Use of premises
You must not use the premises (including the car park) 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 on to 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.
Insurance and indemnity
You are liable for and will keep us indemnified in respect of
costs arising from accidental and malicious loss or damage and for loss or damage arising out of your negligence to any part of the premises including its curtilage or its contents
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), and
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, and subject to sub-clause (ii), you must indemnify us against such liabilities.
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 (i)(c) above. We will claim on our insurance for any liability you incur but you must indemnify us against:
any insurance excess incurred and
the difference between the amount of the liability and the monies we receive under the insurance policy.
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 Booking Manager. If you fail to produce such policy and evidence of cover, we will cancel this Agreement and re-hire the premises to another hirer.
We are insured against any claims arising out of our own negligence.
Gaming, betting and lotteries
You must ensure that nothing is done on or in relation to the premises in contravention of the law relating togaming, betting and lotteries.
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).
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.
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).
Safeguarding children, young people and adults at risk
You must ensure that any activities for children, young people and other adults at risk are only provided by fit and proper persons in accordance with the Children Act 1989 and 2004, 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). All reasonable steps must be taken to prevent harm, and to respond appropriately when harm does occur. Relevant concerns must be reported.
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 Booking Manager.
You acknowledge that you 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.
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.
In advance of any activity whether regulated entertainment or not you must check the following items:
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 emergency lighting supply illuminating all exit signs and routes are turned on during the whole of the time the premises are occupied (if not operated by an automatic mains failure switching device).
You must ensure that the minimum of noise is made on arrival and departure, particularly late at night and earlyin the morning. You must, if using sound amplification equipment, make use of any noise limitation deviceprovided at the premises and comply with any other licensing condition for the premises.
Drunk and disorderly behaviour and supply of illegal drugs
You must ensure that in order to avoid disturbing neighbours of the hall 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.
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 not provided with a refrigerator and thermometer.
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.
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.
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 litter the car park or cause a fire.
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 Hall Secretary will give assistance in completing this form and can provide contact details of the Incident Contact Centre. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
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.
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.
You must not alter or tamper with any of the settings on radiators, towel rails or water heater. Concerns you may have must to be reported to the Hall Manager
You must ensure that no animals (including birds) except guide dogs, hearing dogs and assistance dogs are brought into the premises, other than for a special event agreed to by the us. No animals whatsoever are to enter the kitchen at any time.
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 indemnified us 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.
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.
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 and require payment of the hire fee. 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 (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;
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 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.
End of hire
You are responsible for leaving the premises including the car park 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.
Alterations and decoration
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 you cause to the premises by such removal.
No rights and access
This Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on you and the Bookings manager or any member of the management committee shall, at all times during the hiring have free access to the premises.