Vinters Park Community Centre Schedule of Standard Conditions

Vinters Park Community Centre Standard Conditions of Hire

These standard conditions apply to all hirings of the Community Centre. If the Hirer is in any doubt as to the meaning of the following, the Association Bookings Manager should immediately be consulted.

2.1 Supervision

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 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 Association 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.

2.2 Flooring

The Hirer shall take all possible care and ensure that all persons using the Community Centre during their hiring similarly take such care to preserve and not to damage the floor and in particular not to drag or push and chairs, tables or other heavy equipment across the floor.

2.3 Stored equipment

The Association accepts 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 fees will be charged for each day or part of a day at the hire fee per hiring until the same is removed.

The Association may, at its discretion in any of the following circumstances, namelyÂ

(a) in respect of stored equipment, failure by the Hirer either to pay any storage charges due and payable or to remove the same within 7 days after the agreed storage period has ended;

(b) in respect of any other property brought on to the premises for the purposes of the hiring, failure by the Hirer to remove the same within 7 days after the hiring;

dispose 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.

2.4 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 Association Secretary. Any alteration, fixture or fitting or attachment so approved shall at the discretion of the Association remain in the premises at the end of the hiring and become the property of the Association or be removed by the Hirer who must make good to the satisfaction of the Hall any damage caused to the premises by such removal.

2.5 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 any person on the premises or render invalid any insurance policies. No alcoholic drinks of any description are permitted to be bought, sold, offered as a prize at any event or consumed on any part of the premises.

2.6 Licences

The Hirer shall be responsible for obtaining such licences as may be needed, for example from Phonographic Performance Ltd or the Performing Rights Society.

2.7 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.

2.8 Public Safety Compliance

The Hirer shall comply with all conditions and regulations made in respect of the premises by the Fire Authority, Local Authority, the Local Magistrates’ Court or otherwise, particularly in connection with any event which includes public dancing or music or other similar public entertainment or stage plays.

The Hirer shall take all appropriate action to ensure, so far as they can, that everything is done to comply with the Licencing Authority’s requirements with regard to the prevention of crime and disorder, the preservation of public safety, the prevention of public nuisance and the protection of children from harm.

2.9 Health and Safety

The Hirer shall take notice of the Association’s Health and Safety Policy, a copy will be made available, and will encourage all persons entering the Community Centre in connection with their hiring to engage in safe working practices, comply with the safety requirements in the hiring agreement, and with safety notices on the premises and to accept their responsibility to do everything to prevent injury to themselves and others.

2.9a The Garden Area

Please be aware that there is a sand pit and a planter that are raised slightly above ground level.

Hygiene

The Hirer shall, if preparing, serving or selling food, observe all relevant food health and hygiene legislation and regulations.

Accidents and Dangerous Occurrences

The Hirer shall, as soon as practicable, report any accident in the Centre to the Premises Manager or another Member of the Committee by telephone (contact details in the entrance hall) and enter the details in the Accident Book, which shall be available at all times. Certain types of accident or injury must be reported on a special form to the local authority. The Associations Booking Manager will give assistance in completing this form. This is in accordance with the Reporting of Injuries Diseases and Dangerous Occurrences Regulation 1995.

The Hirer shall report any failure of equipment, either belonging to the Association to the Premises Manager and similarly shall convey any Health and Safety concerns at once to the Premises Manager. Hirers should ensure that all members of their Group know what to do in case of an emergency. Regular Hirers are encouraged to stage a regular fire practice.

The Hirer is asked to keep a record of all those attending their event. In a fire occurring or being suspected, or other emergency arising requiring evacuation of the building, those being present should close the doors, dial 999 to call the Fire and Rescue Service, evacuate the Centre taking the record of those attending and assemble at the assembly point. No attempt should be made to tackle the fire unless there is a fire extinguisher available which you have been trained to use.

2.10 Electrical Appliance Safety

The Hirer shall ensure that any electrical appliances brought by them to the premises and used there shall be safe and in good working order, and must carry the appropriate up to date certificate of testing. Where a residual circuit breaker is provided under terms of the Public Entertainment Licence or Community Premises Licence the hirer must make use of it in the interests of public safety.

2.11 Indemnity

The Hirer shall indemnify and keep indemnified each member of the Executive Committee and the Association’s employees, volunteers, agents and invitees against (a) the cost of repair of any damage done to any part of the premises including the curtilage thereof or the contents of the premises and (b) all claims 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.

The Hirer shall take out adequate insurance to insure the Hirer and members of the Hirer’s organisation and invitees against all claims arising as a result of the hire and on demand shall produce the policy and current receipt or other evidence of cover to the Association Bookings Manager. Failure to produce such policy and evidence of cover will render the hiring void and enable the Association Bookings Manager to re‑hire the premises to another hirer.

2.12 Animals

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 Association. No animals whatsoever are to enter the kitchen at any time.

2.13 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 have access to the children.

2.14 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 Executive 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.

2.15 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.

2.16 Acceptance of and cancellation of bookings

The right to refuse any new application or renewal of a regular booking as denoted in the Hiring Agreement is reserved to the Association or it’s Chairman, or in his/her absence, it’s Vice-Chairman, provided that the Chairman reports his/her action to the Executive Committee.

If the Hirer wishes to cancel the booking before the date of the event and the Association 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 Community Centre.

The Association reserves the right to cancel this hiring by written notice to the Hirer in the event of:

(a) the premises being required for use as a Polling Station for a Parliamentary or Local Government election or bye‑election

(b) the Association reasonably considering that (i) such hiring could 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 or (iii) the regular hirer no longer being considered as meeting the objects of the association

(c) the premises becoming unfit for the use intended by the Hirer

In any such case the Hirer shall be entitled to a refund of any deposit already paid, but the Association shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.

2.17 Cancellation of Commercial Hirings.

In addition to clause 2.17, as Community Centres are usually held on strict trusts with The Charity Commission for the purposes of a Community Centre, the Association is bound to ensure that the Hall is administered in accordance with those trusts. Accordingly the Association is bound to preserve and hereby reserves the right to terminate the Agreement by not less than 28 days notice in writing to the Hirer in the event of the hall being required on the same date/time for the fulfilment of its charitable purposes.

In the event of such termination by the Association, the Association shall refund to the Hirer all monies paid by the Hirer to the Association. The Association shall not however be liable to make any further payment to the Hirer in respect of expenses, costs or losses incurred directly or indirectly by the Hirer in relation to the termination

2.18  Payment of Fees

(i) The Hirer shall be liable to pay an additional fixed penalty of £20 in the event of failure to pay the fees within 28 days of the date of the invoice; and (ii) Should the hired premises (or any part of them) not be used on any date for which they are hired the Hirer shall remain liable to pay for such hire.

2.19 End of Hire

The Hirer shall be responsible for leaving the premises and surrounding area in a clean and tidy condition with all wastes removed.  The external light at the front entrance to the premises shall be turned off. The premises shall be properly locked and secured unless directed otherwise and any contents temporarily removed from their usual positions properly replaced, otherwise the Association shall be at liberty to make an additional charge.

2.20 Changes in Personnel

It is the responsibility of the Hirer to notify the Booking Manager immediately of any change in the person responsible for the hire or of the person responsible for the payment of fees or of any keyholder.

2.21 Noise

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 front and rear exit doors must be kept closed at all times during the hiring so as to minimise the noise level heard outside the premises.

2.22 Right of entry

The Association through the Executive Committee reserves the right of entry for its duly authorised officers and employees, and for police officers in the course of their duties, to all parts of the premises at all times and requires that the Hirer advises any nominated person acting on the Hirers behalf of this right.

2.23 No rights

The hiring agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer