Terms and Conditions of Hire
These standard conditions apply to all hiring of the associations premises. If the hirer is in any doubt as to the meaning of the following then they should contact a member of staff immediately.
The Hirer who should not be under 18 Years of age, Accepts all responsibility for being in charge of the premises at all times whilst the public is present, 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;
their care, safety from damage, however slight, or change of any sort; and
the behavior of all persons using the premises whatever their capacity, including proper supervision of the car parking arrangements so as to avoid obstruction of the highway.
As directed by the Association, the hirer shall make good or pay for all damages (including accidental damage) to the premises or to the fixtures, fittings or contents and for loss of contents.
3. Use of premises
The Hirer shall not use the premises for any other purpose than that described in the booking form and shall not sub-let 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 on the premises without written permission.
4. Gaming, betting and lotteries
The hirer shall ensure that nothing is done on or in relation to the premises in contravention of the law relating to gaming, betting and lotteries
5. Licensable activities
The Hirer shall ensure that the Association holds a PRS license for music which permits the use of copyright music in any form, e.g record, compact disc, tapes, radio, telephone or by performers in person. If other licenses are required the Hirer should ensure that they hold the relevant license or that the Association holds it.
6. Public safety compliance
The Hirer shall comply with all conditions and regulations made in respect of the premises made by the Local Authority, the Licensing Authority, the Community Centre’s 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. The Hirer should also comply with the Associations health and safety Policy.
The Hirer acknowledges that they have received instructions on the following matters:
The action to take in the event of a fire. This includes calling the Fire service and evacuating the hall:
The location and use of fire equipment;
Fire exits and the need to keep them clear;
Operation of all fire exit doors;
The importance of any fire doors and ensuring that all fire doors are closed at the time of the fire.
Before any hire begins the hirer will check the following items:
That all fire exits are unlocked and are in good working order
All fire exits are free from obstruction and can be used safely
That any fire doors are not wedged open
Exit signs are illuminated
That there is no obvious fire hazard on the premises
7. Means of escape
Every exit from the premises must be kept free from all obstructions and immediately available for instant public exit
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.
8. Outbreaks of Fire
The Fire Service shall be called to any outbreak of fire, however slight and details then should be given to the Community Development Manager.
9. 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 safety (temperature control) Regulations 1995. The premises are provided with a refrigerator and thermometer
10. Insurance and Indemnity
(a) The Hirer shall be liable for:
(i) The cost of any repairs of any damage caused during the hiring period (including accidental and malicious damage) done to any part of the premises.
(ii) All claims, losses, damages and costs made against or incurred by the Association, their 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 member of the Association’s Management Committee and the Association’s employees, volunteers, agents and invitees against such liabilities.
(b) The Association should take out adequate insurance to insure the liabilities described in sub clause (a) above and may, in its discretion and in the case of non commercial hirers, insure the liabilities described in sub clauses (a) above. The Association shall claim on its insurance for any liability of the hirer hereunder but the hirer shall indemnify and keep indemnified each member of the Association’s Management Committee and the association’s employees, volunteers, agents and invitees against(a) any insurance excess incurred and by (b) the difference between the amount of the liability and the monies received under the insurance policy.
(c) Where the Association does not insure the liabilities described in sub clause (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 Association’s authorized representative. Failure to do so will render the hiring void and enable the Association to rehire to another hirer.
The association is insured against any claims arising out of its own negligence.
11. Accidents and dangerous occurrences
The Hirer must report all accidents involving injury to the public to the Association’s Management representative or failing that to a member of the Association’s Management Committee as soon as possible and complete the relevant section in the accident book. Any Failure of equipment belonging to the association or brought in by the hirer must also be reported as soon as possible. Certain types of accidents and injury must be reported. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences regulations 1995 (RIDDOR)
12. Explosives and flammable substances
The hirer shall ensure that:
Highly inflammable substances are not brought into , or used in any part of the premises and that:
No internal decorations of a combustible nature (eg polystyrene, cotton wool) shall be erected without the consent of the Association. No decorations are to be put up near heaters or light fittings.
The hirer shall ensure that no unauthorized heating appliances shall be used on the premises when open to the public without the consent of the Association. LPG appliances shall not be used.
14. Drunk and disorderly behavior
The Hirer shall make sure that in order to avoid disturbing neighbours and to avoid violent or criminal behavior, care shall be taken to avoid excessive consumption of alcohol. Drunk and disorderly behavior 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
Alcohol may only be sold by the staffs of The Roger Morris Centre who all have personal licenses to allow them to serve alcohol. The only other alcohol allowed on the premise is wines and toasting wines for weddings the sale of alcohol will comply with the premises license.
The hirer shall ensure that no animals (including birds) except guide dogs are allowed on the premises unless a special arrangement has been made with the Association. No animals are allowed in the kitchen at any time.
16. Compliance with the Children’s Act 1989 and subsequent legislation, including working with vulnerable adults.
The Hirer shall ensure that any activities for children under the age of 8 years of age comply with the provisions of the Children’s Act of 1989 and subsequent legislation and that only fit and proper persons who have passed the appropriate DBS checks have access to the children. Checks may also apply where children are over 8 and vulnerable adults are taking part in activities. The Hirer shall provide the Association with a copy of their DBS check and child protection policy on request.
17. 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. The Hirer shall ensure that the total prices of all the goods and services are prominently displayed; as shall be the organizer name and address and that any discounts offered are based only on Manufacturers recommended retail prices
18. 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 licenses for film.
If the Hirer wishes to cancel the booking before the date of the event and the Association is unable to replace the booking, the question of payment or the repayment of the fee shall be at the discretion of the Association. The Association reserves the right to cancel this hiring by written notice to the hirer in the event of:
The Premises being used as a polling station for a Parliamentary or local government election or by-election
The Association reasonably considering that:
Such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or
Unlawful or unsuitable activities will take place on the premises as a result of this hiring:
The premises become unfit for use intended by the hirer:
An emergency requiring use of the premises as a shelter for the victims of flooding, snowstorms, fire, explosion or those at risk of these or similar disasters
In any such case then the Hirer will be entitled to a refund of any deposit paid, but the Association shall not be liable to the hirer for any resulting direct or indirect loss or damages whatsoever.
20. 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 moved from their regular place are replaced back to them, otherwise the Association could make an additional charge
The Hirer shall ensure that the minimum of noise is made upon 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
22. Stored Equipment
The Association accepts no responsibility for any stored equipment or other property onto or left at the premises and all liability for loss or damage is excluded. All equipment and other property (except stored equipment) must be removed from the premises at the end of the hire or a fee may be charged.
23. No alterations
No alterations or additions may be added or made to the premises, decorations or any placards that are put up must be taken down at the end of the hire. Anything that is left at the end of the hire will be disposed of by the Association as it sees fit. The hirer will also make good any damage caused by anything they have put up.
24. Dangerous and unsuitable performances
Performances involving danger to the public or of a sexually explicit nature shall not be given.