Community buildings

Facility Hire Agreement

1. Bookings

1.1 Bookings must either be made via our online booking facility which can be found on our website or by email to facilities@bracebridgeheath-pc.gov.uk 

1.2 Payments can be made by BACS or cheque.

1.3 All bookings must be made at least 10 working days before the intended hire date and the deposit paid.  Any last-minute bookings will be accepted at the discretion of the clerks.

1.4 By completing the booking process and paying the deposit the hire agreement has been ”signed” and this document must be complied with by all parties.

2. General policies

2.1 Hirers of the hall facilities are responsible for –

• Ensuring that legal requirements are complied with including licensing requirements.
• Ensure the facility is hired for a period adequate for setting up, closing down and cleaning following their event.
• Hirers are expected to leave the facility in a clean and tidy condition, in summary leaving the facility as they find it.
• Minimise disruption and nuisance to the neighbours of the facility, particularly in relation to late evening events.
• Use the facility strictly for the purpose of the agreed hire.
• Users must ensure the facility is left secure and locked after use.
• The use of indoor fireworks, glitter or confetti filled balloons is not permitted.
• Confining the event to areas of the facility hired and no other, even if accessible.
• The hirer will provide a deposit of £50 or £100. Upon agreement, after the event the deposit will be returned subject to the terms of the hire agreement being met. The deposit may be paid via BACS.
• All functions held in the pavilion must terminate by 23:00 and the facility must be vacated by 23:59. On special occasions, when applications are made under the Music and Licencing Act, due regard shall be given to local residents so as not to cause annoyance.
• All functions held in the village hall must terminate by 23:00 and the facility must be vacated by 23.59. At the discretion of the clerk an extension may be given to 00:30 and the building must be vacated by 01:00. Requests for bookings after 23:00 must be made in writing.

3. Capacity

Pavilion

• No more than 120 persons shall be admitted to the pavilion hall. 60 for a seated event.

Village Hall

• No more than 150 persons shall be admitted to The Heath Main Hall; 120 for a seated event. Please note that only 100 seats are provided by the venue. Any additional seats needed up to the limit of 120 shall be provided by the hirer.
• No more than 15 persons shall be admitted to the The Heath Meeting Room in the Village Hall.

4. Deposit

4.1 Standard booking deposit - £50

4.2 Function finishing after 9pm or an event 4 hours or longer- £100

4.3 Note that the Parish Council reserves the right to retain all, or a proportion of the deposit should any of the following occur –

• Breach of statuary alcohol licensing regulations
• Damage to the property – including damage to walls from adhesive fixings.
• Disruption requiring police attendance
• Complaint from facility neighbours
• Non-payment of invoice
• Use of the facility that has not been prior agreed or paid for.
• Extra non-standard cleaning has to be organised after the event
• Leaving the facility in an unsatisfactory condition – for example excessively dirty floors, toilets, walls, leaving taps running, bins overflowing, litter left in or on the site.
• Non-separation of recyclable waste and / or excessive waste left on site. See also 18.3 regarding items left on site.

5. Expectations of the council

5.1 The Parish Council will make all reasonable efforts to –

• Ensure the facility is available as agreed at the times agreed.
• Ensure the facility is in a clean and in a usable condition.
• Any additional equipment provided is in good working condition.
• Provide adequate cleaning materials for after event clean-up.
• Provide a first aid kit and accident book.

6. The Clerks

6.1 Working on behalf of the Parish Council, the clerks are the main point of contact for bookings in the facility. On a day-to-day basis, the clerks will manage bookings and access for hall hirers and shall approve or decline booking requests as appropriate. The clerks are the first point of contact to agree any variance to deposits and fees.

7. Insurance

7.1 The Parish Council maintains comprehensive insurance for its public buildings.

7.2 Any hirer may be asked for evidence of public liability and or risk assessments for the activities taking place during the hire. The council may also ask for evidence of appropriate training or membership of regulatory bodies.

8. Standard conditions of hire

8.1 These standard conditions apply to the hiring of the Pavilion on Bath Road and the Village Hall on Red Hall Lane. A copy of the terms is provided on confirmation of a booking.

8.2 By completing the booking process and paying the deposit the hire agreement has been ”signed” and this document must be complied with by all parties. Hirers should seek guidance if any aspect is unclear.

9. Age and supervision

9.1 Hirers must be a minimum age of 18. The person named on the booking confirmation accepts responsibility for being in charge of and on the premises at all times for the duration of the hire.

9.2 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.

9.3 As directed by the Clerks, 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.

10. Use of premises

10.1 The Hirer shall not use the premises (including the car park if any) for any purpose other than that described on the confirmed booking.

10.2 The hirer shall 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 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.

10.3 When a bar is provided, hirers of the facility must ensure that drinking alcohol does not continue past the 30 minute ‘drinking up’ time allowed after their licence expires. A photocopy of the licence granted, dated and signed by the applicant must be delivered to the Parish Council at least 7 days prior to the event.

10.4 All Council staff have the right to check that the correct facilities are used for the times booked.

11. Insurance and indemnity

11.1 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 Parish Council, 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 Parish Council , 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 Parish Council and the Parish Council employees, volunteers, agents and invitees against such liabilities.

11.2 The Parish Council shall take out adequate insurance to insure the liabilities described in sub-clauses (a)(i) above and may, in its discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (a) (ii) and (iii) above.

11.3 The Parish Council shall claim on its insurance for any liability of the Hirer here under but the Hirer shall indemnify and keep indemnified each member of the Parish Council and the Parish Council employees, volunteers, agents and invitees against

a. any insurance excess incurred and

b. the difference between the amount of the liability and the monies received under the insurance policy.

c. Where the Parish Council does not insure the liabilities described in sub-clauses (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. Failure to produce such policy and evidence of cover will render the hiring void and enable the Parish Council to rehire the premises to another Hirer. The Parish Council is insured against any claims arising out of its own negligence.

12. Licences

12.1 Licences held by the council are shown below. It is the hirer’s responsibility to obtain any other licences deemed necessary for the event or activity. This may include: copywrite licences for film or music for example.

12.2 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.

12.3 The parish Council may ask for evidence of the appropriate licence from hirers at any time.

12.4 Licences held

13. Childcare Act 2006

13.1 The Hirer shall ensure that any activities for children under eight years of age comply with the provisions of the Childcare Act 2006 and the Safeguarding Vulnerable Groups Act 2006 and only fit and proper persons who have passed the appropriate Criminal Records Bureau checks should have access to the children. Checks may also apply where children over eight and vulnerable adults are taking part in activities.

14. Public safety compliance

14.1 The Hirer shall comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, and the hall’s risk assessment (general and fire). Particular attention should be given to the conditions and regulations with any event which constitutes regulated entertainment, at which alcohol is sold or provided or events attended by children.

14.2 The fire service shall be called to any outbreak of fire, however slight, and details shall be given to the clerks.

14.3 The Hirer acknowledges that they have received instruction in the following matters:

• The action to be taken in event of fire.
• 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.

14.4 In advance of any activity whether regulated entertainment or not 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 for instant free public exit
• That any fire doors are not wedged open.
• That exit signs are illuminated.
• That there are no obvious 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).

15. Noise

15.1 The Hirer shall ensure minimum disturbance to nearby residents and business by arriving and leaving the premises quietly.

15.2 Where sound amplification equipment is used all licencing conditions shall be followed.

16. Food, health and hygiene

16.1 If food is prepared, served or sold on the premises, the Parish Council is responsible for meeting legislative requirements to ensure that the hall, and in particular the kitchen, adequately provides for the possible level of catering to be undertaken by the hirers, and that it is clean and well maintained.

16.2 The hirers are responsible for ensuring that all stages of food preparation and service meet required health and hygiene standards.

17. Electrical appliance safety

17.1 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 1989. Where a residual circuit breaker is provided the Hirer must make use of it in the interests of public safety.

18. Stored equipment

18.1 The Parish Council 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.

18.2 All equipment and other property (other than stored equipment agreed with the council) must be removed at the end of each hiring. Additional storage fees may apply for any equipment left at the premises.

18.3 The Parish Council may use its discretion in any of the following circumstances:

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

b. Failure by the Hirer to dispose of any property brought on to the premises for the purposes of the hiring. This may result in the Parish Council disposing of any such items by sale or otherwise on such terms and conditions as it thinks fit. The council may charge the Hirer any costs incurred in storing and selling or otherwise disposing of the same.

19. Accidents and dangerous occurrences

19.1 Any failure of equipment belonging to the facility must be reported as soon as possible.

19.2 The Hirer must report all accidents involving injury to the public to a member of staff as soon as possible and complete the relevant section in the facility accident book. The Clerks will give assistance in completing this form if required.

19.3 In accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), some incidents will need to be reported to the incident contact centre - https://www.hse.gov.uk/riddor/report.htm.

20. Explosives and flammable substances

20.1 The hirer shall ensure that:

a. Highly flammable substances are not brought into, or used in any part of the premises.

b. No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) shall be erected without the consent of the management committee.

c. No decorations are to be put up near light fittings or heaters.

d. no unauthorised heating appliances shall be used on the premises. Portable Liquefied Propane Gas (LPG) heating appliances shall not be used.

21. Cancellation

21.1 Once both the Parish Council and the hirer have signed the agreement then the Parish Council is contractually bound to allow the hiring, unless the agreement becomes void or the hirer is in breach of his/ her part of the agreement. Failure to do so is a breach of contract.

21.2 The cancellation clause gives the Council the right to cancel a booking and thus terminate a hiring agreement without being liable for breach of contract.

21.3 Cancellation at short notice  - A growing number of halls are hired as polling stations and use must then be guaranteed sometimes at comparatively short notice.

21.4 Lack of availability - Should the premises become unavailable due to damage or failure of services the council will offer alternative arrangements or a refund except in circumstances where the damage has been caused by the hirer.

21.5 Right to refuse/ terminate booking - A booking does not have to be accepted if the Parish Council believes that it would not be in the facilities’ interests. Circumstances can include an undesirable purpose of hire. The parish council is not obliged to provide a reason for refusal. Complaints about the booking process may be made to the parish council using the council’s published complaints procedure.

21.6 Hirer cancellation - Cancellations of bookings with less than 3 weeks’ notice will incur a charge equivalent to the deposit. Council officers will use their discretion for any extenuating circumstances. 

21.7 The Council 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 by-election

b. the Parish Council 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 (c) 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.

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

22. End of hire

22.1 The Hirer shall be responsible for leaving the premises and surrounding area in a clean and tidy condition. The premises shall be properly locked and secured unless directed otherwise. Any contents temporarily removed from their usual positions shall be properly replaced.

22.2 Hirers are responsible for ensuring that the hall is left satisfactorily. A checklist is provided to guide you in doing this.

23. No alterations

23.1 Prior written approval is required from the Council before any alterations or additions may be made to the premises. This includes fixtures, placards, decorations or other articles.

23.2 Approval for alterations as described above is at the discretion of the council.

23.3 Any such fixture or alteration left at the end of the hire will become the property of the parish council unless removed by the Hirer.

23.4 Any damage caused in the use of the above shall be made good by the Hirer, to the satisfaction of the Council.

24. Restrictions and limitations on hire

24.1 Smoke and mist machines - Devices designed to produce smoke or mist are not permitted as these machines will trigger a fire alarm.

24.2 Inflatables - Inflatables must be of height that will not damage the hall lighting. Self-contained generator inflation units are not permitted, electrically powered units are permitted providing they meet electrical safety standards.

24.3 Fireworks - Neither indoor or outdoor fireworks are not permitted due to the fire risk presented.

24.4 Confetti or glitter filled balloons - Due to cleaning issues and potential misuse, glitter and confetti filled balloon are not permitted.

24.5 No rights - The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer.

24.6 Animals - no animals except guide dogs are to be brought into the premises, other than for a special event agreed to by the Parish Council. 

24.7 Smoking - Smoking is not allowed by law. The Hirer is responsible for ensuring that all attendees at their event comply. Any person who breaches this provision shall be asked to leave the premises. Smoking is permitted outside the premises and should be cleaned up and disposed of responsibly.

24.8 Fly posting – No fly posting or any other unauthorised advertisements for any event taking place at the premises. The hirer shall indemnify and keep indemnified the Parish Council 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. 

25. Faults/ damage/ comments

25.1 Please report any faults or damage as soon as possible so that they can be rectified quickly. The Parish Council welcome comments or observations that you may have about your hire of the village hall.

26. Access information and fire safety instructions will be supplied separately to this hire agreement.

Thank you for your booking