Eye Town Council Town Hall Hire Agreement

Transcription

1 Eye Town Council Town Hall Hire Agreement To be read in conjunction with the following appendices where appropriate: - Appendix I - Standard Conditions of Hire Appendix II - Additional Information on Seating and Gangways Appendix III - Hirer s Intent to Supply and Sell Alcohol Form PLEASE COMPLETE IN CAPITAL LETTERS DATED PARTIES Eye Town Council Buildings (Town Hall and Bar) Sub-Committee Town Clerk responsible for Bookings (Booking Clerk) (1) Eye Town Hall named in clause 1.2 acting by its management committee Buildings (Town Hall and Bar) Sub-Committee hereinafter referred to as The Committee (2) The person or organisation named in clause 1.3 ( Hirer ). AGREED as follows: 1 Date(s) required: Time required (from to) 1.2 Eye Town Hall Authorised Representatives Buildings (Town Hall and Bar) Sub-Committee Town Clerk responsible for bookings (Booking Clerk) Address Telephone Eye Town Hall Broad Street Eye Suffolk IP23 5AF (Town Clerk) 1.3 Hirer: (a) Name (b) Organisation (c) Name of Organisation s Authorised Representative Address Contact Telephone Numbers In consideration of the hire fee described in clause 2.4, Eye Town Council agrees to permit the Hirer to use the premises described in clause 1.2 for the purpose described in clause 2.1 for the period(s) described in clause 1.1. The details inserted in sub-clauses in this document and the answers to the questions given are terms of this agreement. This Hiring Agreement includes the annexed Standard Conditions of Hire (appendix I) and the Special Conditions of Hire (appendix II) and where appropriate the Hirer s Intent to Supply and Sell Alcohol Form (appendix III), set out in the attached Schedule. 2.1 Purpose/description of hiring 1

2 2.2 Premises area you would like to hire Main Hall Kitchen Council Chamber Will this be a public/private event? Is food to be provided at the event? Y/N Y/N 2.3 Please advise whether alcohol will be available at your event If you answer yes to the above question, you will need to complete a Hirer s Intent to Supply and Sell Alcohol Form (appendix III) detailing your requirements. 2.4 A Hire Free shall be paid on signing of this agreement in cash or by cheque if paid at least 14 days prior to the event. (To be completed by the booking clerk). Hire Fee Damage/loss deposit payable (cash only) Balance A cash damage or loss deposit shall be payable at the discretion of The Committee in such amount as they may determine. This deposit will be refunded at the earliest opportunity but within 28 days of the termination of the period of hire provided that no damage or loss has been caused to the premises and/ or contents nor complaints made to the Town Council about noise or other disturbance during the period of the hiring as a result of the hiring. 3. The Town Hall has a Premises License authorising the following regulated entertainment and licensable activities detailed below: Please confirm which licensable activities will take place at your event: Licensable Activities a. The performance of plays b. The exhibition of films c. Indoor sporting events d. Boxing or wrestling entertainment e. The performance of live music f. The playing of recorded music g. The performance of dance h. Anything to a similar description to that falling within e, f, g i. The provision of late night refreshment j. The sale of alcohol Expected to Take Place please tick 3.1 If the Hirer wishes to obtain an extension to the licensable hours covered under the Eye Town Hall Premises Licence then the Hirer must obtain written consent to apply for a Temporary Event Notification (TENs) from The Committee. The Hirer must not apply directly to the licensing authority for a Temporary Event Notification without first receiving said written consent. Failure will result in cancellation of the hiring without compensation. Where permission has been granted, a copy of the TENs approval must be provided to the Booking Clerk prior to the event. 2

3 3.2 Where a licensable activity will take place, the Hirer hereby acknowledges having reviewed a copy of the conditions of the Premises Licence and/or operating Schedule for the premises, in accordance with which the hiring must be undertaken, and agrees to comply with all obligations therein. 3.3 The Hirer agrees not to exceed the maximum permitted number of people per room including the organisers/performers. (Please read the additional guidelines for setting out seating.) Main hall seated at tables 250 Main hall mixed occupancy for example, tables and 270 dancing area Main hall dancing 310 Main hall closely seated audience 290 Council Chamber - standing 50 Kitchen 8 Licensable hours for Licensable Activities listed, a through to i Sunday through to Thursday Friday and Saturday Licensable hours for the sale of alcohol Sunday through to Thursday Friday and Saturday 1000 hours to 2300 hours 1000 hours to 0030 hours 1200 hours to 2300 hours 1200 hours to 0030 hours 4. The Hirer or a representative authorised by The Committee shall be present during the entire event and shall be responsible for the full compliance with this Hire Agreement. 5. It is hereby agreed that the Standard Conditions of Hire (appendices I and II and the Hirer s Intent to Supply and Sell Alcohol Form, appendix III) together with any additional conditions imposed under the Premises Licence (see clause 3.2) or that The Committee deem necessary shall form part of the terms of this Hiring Agreement unless specifically excluded by agreement in writing between The Committee and the Hirer. 6. 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. Signature of Hirer/Authorised Representative (Delete as appropriate) Printed Name of Hirer/Authorised Representative Date Signature of Booking Clerk 3

4 EYE TOWN HALL - Standard Conditions of Hire (Appendix I) These standard conditions apply to all hiring of the Eye Town Hall. If the Hirer is in any doubt as to the meaning of the following, the Town Clerk responsible for bookings or The Committee should immediately be consulted. 1. Age The Hirer shall not being a person under 25 years of age. 2. Supervision The Hirer or any named representative authorised by The Committee hereby accepts responsibility for being in charge of and on the premises at all times during the period of hire and during additional agreed periods, and for 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 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 Town Clerk responsible for bookings, 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. 3. 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 render invalid any insurance policies in respect thereof nor allow the consumption of alcohol thereon 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 If any licences are required in respect of any activity being carried out in the Town Hall during the period of hire, the Hirer should ensure that they or The Committee hold the relevant licences. 6. Public safety compliance The Hirer shall comply with all conditions, regulations and policies made in respect of the premises by the Local Authority, the Licensing Authority or The Committee (a) The Hirer acknowledges that they have reviewed the Health and Safety policy and Fire Action Plan and 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, toilet area, kitchen and Council Chamber. The location and use of fire equipment. (Include diagram of location when handing over keys.) 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. (b) In advance of allowing any persons on to the premises the Hirer shall check the following items: That all fire exits are unlocked and panic bolts in good working order. That all escape routes are free of obstruction and can be safely used. That any fire doors are not wedged open. That exit signs are illuminated. That there are no obvious fire hazards on the premises. 7. Means of escape (a) All means of exit from the premises must be kept free from obstruction at all times. 4

5 (b) The emergency exit signs must be turned on during the whole of the time the premises are occupied. 8. Stewards at an event There shall, in addition to the Hirer and for the duration of the hiring, be a minimum of two stewards available for the first 50 people on the premises, plus an additional one steward for every 50 people thereafter. If most of the audience/visitors is under sixteen or if there are many disable people present, the number of stewards shall be a minimum of two for every 50 people present. A steward shall not be less than eighteen years of age. The role of the steward is to assist people entering and leaving the premises. All persons on duty should be readily identifiable to members of the public in the event of an emergency, and shall have been instructed as to their essential responsibilities in the event of fire or other emergencies, including the attention to disabled people, the location and use of the fire fighting equipment available, how to call the fire brigade and the evacuation procedure. 9. Outbreaks of fire The Fire Brigade shall be called to any outbreak of fire, however slight, and details thereof shall be given to the Chair of The Committee. 10. 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 Temperature Regulations. The premises are provided with a refrigerator and thermometer. 11. Electrical appliance safety The Hirer shall ensure that any electrical appliances brought by them to the premises and used there shall be safe, in good working order, and used in a safe manner in accordance with the Electricity at Work Regulations Where a residual circuit breaker is provided the Hirer must make use of it in the interests of public safety. Hirers must not overload individual sockets within the hall. 12. Insurance and indemnity (a) The Hirer shall be liable for: (i) the cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including the curtilage thereof or the contents of the premises (ii) all claims, losses, damages and costs made against or incurred by The Committee, their employees, volunteers, agents or invitees 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, and (iii) all claims, losses, damages and costs made against or incurred by The Committee, 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), (iv) the Hirer shall indemnify and keep indemnified accordingly each member of The Committee and the Town Hall s employees, volunteers, agents and invitees against such liabilities. (b) Eye Town Council shall take out adequate insurance to insure the liabilities described in sub-clauses (a) (i) above and may, at its discretion and in the case of non-commercial Hirers, insure the liabilities described in sub-clauses (a) (ii) and (a)(iii) above. Eye Town Council shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified each member of The Committee and Eye Town Council s employees, volunteers, agents and invitees against any insurance excess incurred and the difference between the amount of the liability and the monies received under the insurance policy. Any Hirer unless otherwise exempted in writing by The Committee shall be responsible for retaining adequate insurance to cover those liabilities outlined in the clauses in section 12 ii and a iii). (c) Where Eye Town Council does not insure the liabilities described in sub-clauses (a)(ii) and (a)(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 Chair of The Committee. Failure to produce such policy and evidence of cover will render the hiring void and enable the Town Clerk responsible for bookings to rehire the premises to another Hirer. 5

6 Eye Town Hall is insured against any claims arising out of its own negligence. 13. Accidents and dangerous occurrences The Hirer must report all accidents involving injury to the public to a member of The Committee as soon as possible and complete the relevant section in the Town Hall accident book. Any failure of equipment belonging to the Town Hall or brought in by the Hirer must also be reported as soon as possible. Certain types of accident or injury must be reported on a special form to the Incident Contact Centre. The Town Clerk responsible for bookings will give assistance in completing this form. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). The Incident Contact Centre can be contacted in any of the following ways: Telephone: Facsimile: Website: or via the HSE website: Post: Incident Contact Centre, Caerphilly Business Park, Caerphilly, CF83 3GG 14. Explosives and flammable substances The Hirer shall ensure that: (a) Highly flammable substances are not brought into, or used in any part of the premises and that no items of a combustible nature are placed near or on light fittings, heaters and naked flames. 15. Heating The Hirer shall ensure that no unauthorised heating appliances shall be used on the premises when open to the public without the consent of The Committee. Portable Liquefied Propane Gas (LPG) heating appliances shall not be used. 16. Drunk and disorderly behaviour and supply of illegal drugs The Hirer shall ensure that no excessive consumption of alcohol takes place on or in the curtilage of the premises. Alcohol shall not be served to any person suspected of being drunk nor 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 must be asked to leave the premises. No illegal drugs may be brought onto the premises. 17. 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 Committee. No animals whatsoever are to enter the kitchen at any time. 18. 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. And where children over eight years and vulnerable adults are taking part in activities the Hirer shall ensure that only fit and proper persons shall have access to them. The Hirer shall provide The Committee with a copy of their CRB check and Child Protection Policy on request. 19. Flyer posting The Hirer shall not carry out or permit flyer 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 Committee accordingly against all actions, claims and proceedings arising from any breach of this condition. 20. 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. 21. 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 licences for film. 6

7 22. Cancellation If the Hirer wishes to cancel the booking before the date of the event and Eye Town Hall 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 Committee. Eye Town Council or The Committee reserves the right to cancel this hiring by written notice to the Hirer in the event of: (a) (b) (c) the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election The Committee reasonably considering 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 the premises becoming unfit for the use intended by the Hirer (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 Hirer shall be entitled to a refund of any monies already paid, but the Town Hall shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever. 23. 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 including tables and chairs temporarily removed from their usual positions properly replaced. All rubbish and recycling must be removed from the premises and disposed of by the Hirer. The Committee shall be at liberty to make an additional charge should there be non-compliance with any part of the above. 24. 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 Hirer shall, if using sound amplification equipment, have regard for the nearness of neighbours and comply with any other licensing condition for the premises. 25. Equipment The Committee 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 must be removed at the end of each hiring or fees may be charged. The Committee reserves the right to sell or dispose of any property left on the premises and to charge the Hirer for any costs associated with them. In the event that permission has been given by The Committee for storage on the premises, failure by the Hirer either to pay any charges in respect of stored equipment due and payable or to remove the same within 7 days after the agreed storage period has ended shall give The Committee the right to dispose of such items. 26. 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 Committee. It will become the property of the Town Hall unless removed by the Hirer who must make good to the satisfaction of the hall or, if any damage caused to the premises by such removal. The Hirer shall be responsible for any cost associated with a breach of this clause. 27. No rights The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer. 7

8 28. Dangerous and unsuitable performances or activities Performances or activities involving danger to the public or of a sexually explicit nature shall not take place. 29. Smoking The Hirer shall, and shall ensure that the Hirer s invitees comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. Any person who breaches this provision must be asked to leave the premises. 30. Premises Hire Any hire of the premises shall be at the absolute discretion of The Committee. 31. Committee Rights The Committee or any member thereof or the Booking Clerk have the right to enter the premises at any time during the hire. Should any breach of the Hire Agreement be found, they reserve the right to terminate the Hire Agreement with immediate effect. 8

9 Additional Information on Seating and Gangways (Appendix II) 1. Seating in the main hall should be arranged to allow free and ready access direct to the exits. (a) (b) No point on the gangway should normally be more than 18 metres from an exit from the hall measured along the line of the gangway. The seating assigned to each person should not be less than: i. 760mm deep where backs are provided to the seats or 600mm deep where backs are not provided. ii. 500mm wide where arms are provided to the seats or 450mm wide where arms are not provided. (c) There should be a clear gangway of space or at least 305mm measured between the perpendiculars from the back of one seat, to the front of the seat immediately behind it. Conventional Seating 2. Subject to the provisions outlines previously, the number of seats in a row should not exceed: (a) Seven seats where there is a gangway at one end only except that up to a maximum of 11 seats may be permitted if the 305mm gangway referred to previously is increased by 25mm for each additional seat over seven, and (b) Fourteen seats where there is a gangway at each end except that up to 18 seats may be permitted if the 305mm gangway referred to previously is increased to not less than 400mm, and more than 18 seats may be permitted if the gangway is not less than 500mm. 3. If circumstances where more than 250 temporary seats are required in the main Hall permission shall be sought from The Committee as additional requirements will apply. 4. Seating in the main hall should be arranged to allow free and ready access direct to the exits. 9

10 Eye Town Hall Hire Agreement - Schedule of Appendices Appendix I - Standard Conditions of Hire Appendix II - Additional Information on Seating and Gangways Appendix III - Hirer s Intent to Supply and Sell Alcohol Form 10