Terms and Conditions of Hire
Introduction For the purpose of these Terms and Conditions, ‘you’ and ‘the Hirer’ refers to the individual(s) or organisation entering into a hire agreement. Barrow Hill Community Trust (BHCT) (‘we’) refers to any representatives of Barrow Hill Community Trust, the charity that runs the Memorial Hall and New Haven Rest Centre.
Standard Conditions of Hire
1. Age
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.
2. Supervision
During the period of the hiring, you are responsible for:
(i) supervision of the premises, the fabric and the contents;
(ii) care of the premises, safety from damage however slight or change of any sort; and
(iii) 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.
3. Use of premises
You must not use the premises 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 prior arrangement. You shall not use drawing pins, staples, sellotape, blu-tack or any sticky substance on the walls or other surfaces, and should ask us if notices or decorations are required to be put up. Do not fix decorations near light fittings or heaters. You must remove any decorations and all associated materials before you leave.
4. 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) the cost of repair of any damage (including accidental and malicious damage) done to our WiFi service.
(c) 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 your use of our WiFi service, and
(d) 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/or the use of our WiFi service, and 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-clauses (i)(a) and (b) above and may, in our discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (i)(c) and (d) 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)(c) and (d) 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 representative. 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.
5. 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.
6. 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).
7. Film shows
Children must be restricted from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification. You must provide us with the appropriate copyright licences for film.
8. 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).
9. 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 representative.
(i) 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 premises.
• Location of fire-fighting 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 first aid boxes
(ii) 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.
10. 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.
11. Drunk and disorderly behaviour and supply of illegal drugs
Please note that the New Haven rest centre is not licensed for the sale or supply of alcohol.
You must ensure that in order to avoid disturbing neighbours of the hall and avoid violent or criminal behaviour:
(i) no one attending the event consumes excessive amounts of alcohol
(ii) 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.
12. 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 and thermometer. Children are not allowed in kitchen areas.
13. 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.
14. 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 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:
(i) 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
(ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.
15. 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. In addition to being a no-smoking facility, the use of electronic cigarettes is also prohibited. You must ensure that anyone wishing to smoke does not do so on the premises or within the grounds.
16. 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. We 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).
Incidents can be reported online at https://www.hse.gov.uk/riddor/report.htmbut a telephone service is also provided for reporting fatal/specified incidents only - call the Incident Contact Centre on 0345 300 9923 (opening hours Monday to Friday 8.30 am to 5 pm).
17. Explosives and flammable substances
You 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 our consent. No decorations are to be put up near light fittings or heaters.
18. 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.
19. Animals
You shall ensure that no animals (including birds) except guide dogs hearing dogs and assistance dog owners are brought into the premises, other than for a special event agreed to by us. No animals whatsoever are to enter the kitchen at anytime.
20. 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 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.
21. 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. 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.
22. Means of escape
(a) All means of exit from the premises must be kept free from obstruction and immediately available for instant free public exit.
(b) The emergency lighting supply illuminating all exit signs and routes must be turned on during the whole of the time the premises are occupied (if not operated by an automatic mains failure switching device).
23. Outbreaks of fire
The Fire Brigade shall be called to any outbreak of fire, however slight, and details thereof shall be given to us.
24. End of hire
You 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, otherwise we shall be at liberty to make an additional charge.
25. Cancellation
If you wish to cancel the booking before the date of the event the following hire charges will apply:
Notice of cancellation received:
· more than 10 weeks before – no charge
· between 3 and 10 weeks before - 50% of the full booking fee
· less than 2 weeks before - 100% of the full booking fee
We reserve the right to cancel this hiring by written notice to you in the event of:
(a) the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election
(b) We reasonably consider 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 you.
(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 you shall be entitled to a refund of any deposit already paid, but Barrow Hill Community Trust shall not be liable to you for any resulting direct or indirect loss or damages whatsoever.
26. No rights
The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on you.