Standard conditions of hire

Standard Conditions of Hire
Bulphan Village Hall CIO, Bulphan Village Hall, Church Road, Bulphan,
Essex RM14 3RU www.bulphanvillagehall.co.uk
bulphanvillagehall@gmail.com Tel: 07483315885 Registered Charity
Number: 1173308
STANDARD CONDITIONS OF HIRE (effective 01/01/2022)
By making payment and/or sending written confirmation, the Hirer is
accepting all terms and conditions herein.
Bulphan Village Hall may be hired during the following hours:
● 09:00 – 22:30 Monday to Thursday
● 09:00 – 23:00 Friday
● 08:00 – 23:30 Saturday
● 08:00 – 22:00 Sunday
The Hirer agrees not to exceed the maximum permitted number of 116
people including the organisers and/or performers. The Hirer agrees to
be present at the hall at the agreed opening time and remain in the hall
for the duration of the booking. The Hirer must also be present at the hall
at the event finish time.
It is hereby agreed that the Standard Conditions of Hire together with any
additional conditions imposed under the Premises Licence or that Bulphan
Village Hall CIO deem necessary shall form part of the terms of this Hiring
Agreement unless specifically excluded by agreement in writing between the
Village Hall and the Hirer.
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.
Payment / Deposits A deposit dependent on the nature of the event is
necessary to confirm any booking. The balance plus the refundable damages
retainer will also be required for all events, parties and wedding receptions, to
be paid 6 weeks before the event. The damages retainer will be refunded by
cheque or bank transfer within 14 days of the event date if the Hall is deemed
to have been left in a satisfactory condition. On the day of the booking, there
is no provision to reduce the booking time or request a refund. These
standard conditions must be made available to all Hirers either in hard or
electronic copy or should be made available for all on the Village Hall notice
board and website. If the Hirer is in any doubt as to the meaning of any of the
conditions, the Booking Secretary should immediately be consulted.
1. Age The Hirer, not being a person under 18 years of age, hereby
accepts responsibility for being in charge of and on the premises
at all times when the public are present and for ensuring that all
conditions, under this Agreement, relating to the management and
supervision of the premises are met.
2. 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 Booking 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.
3. Use Of Premises The Hirer shall not use the premises (including
the car park) 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 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.
4. Insurance and Indemnity
a) The Hirer shall be liable for 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.
b) The Hirer shall be responsible for making arrangements to
insure against any third party claims which lie against him or her
(or organisation if acting as a representative) whilst using the
Village Hall. (The Village Hall is insured against any claims
arising out of its own negligence). The interior of the Village Hall
is insured against third party risks, but equipment of any
description brought onto the premises by hirers, including
bouncy castles, or by persons attending their functions, is not so
covered. Hirers must obtain insurance against such third party
risks before the date of the hiring. The Village Hall trustees
reserve the right to see written evidence that such cover has
been obtained. In the event of evidence not being available for
inspection from the hirer, the booking will be cancelled, and any
fees paid will not be refunded
5. 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.
6. Premises Licence The Hall holds a Premises Licence, which is displayed
in the hall. The Hall Manager is the Designated Premises Supervisor and
can provide details.
7 Film 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 films.
8. Childcare Act 2006 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 Disclosure and Barring
Service (DBS) checks should have access to the children.
Checks may also apply where children over eight and
vulnerable adults are taking part in activities. The Hirer shall
provide Bulphan Village Hall CIO with a copy of their DBS
check and Child Protection Policy on request.
9. Public Safety Compliance 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 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 shall also comply with the Hall’s Health and Safety
Policy.
10. The Fire Service shall be called to any outbreak of fire, however
slight, and details shall be given to the trustees.
(a) The Hirer acknowledges that they have received instruction in
the following matters:
● The action to be taken in the event of fire. This includes
calling the Fire Brigade and evacuating the Hall.
● 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.
(b) 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).
11. 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, make
use of any noise limitation device provided at the premises and comply
with any other licensing condition for the premises.
12. Drunk And Disorderly Behaviour And Supply Of Illegal Drugs
The Hirer shall ensure that in order to avoid disturbing neighbours to the
Hall and avoid violent or criminal behaviour; care shall be taken to avoid
excessive consumption of alcohol. No illegal drugs may be brought onto the
premises. Drunk and disorderly behaviour shall not be permitted either on
the premises or in its immediate vicinity. 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 in accordance with the
Licensing Act 2003.
13. 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.
14. 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 1989. Where a residual circuit breaker is
provided the Hirer must make use of it in the interests of public safety.
The Hirer should be aware of the following:
● the Village Hall does not accept any responsibility should any such
appliance activate the systems that protect the Hall’s power supply.
Any damage done to the Hall’s electrical supply system is covered
under section below.
● the Village Hall will not accept any responsibility for any
inconvenience or loss, including consequential loss, that may occur
due to a power failure caused by the above clause or by the power
company supplying the Hall in the form of a general ‘power cut’.
15. Stored Equipment The Village Hall 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 Village Hall 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 the same
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 Bulphan
Village Hall CIO disposing 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.
16. 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 shall be asked to leave the premises. The Hirer
shall ensure that anyone wishing to smoke does so outside and disposes
of cigarette ends, matches etc. in a tidy and responsible manner, so as not
to cause a fire.
17. Accidents And Dangerous Occurrences Any failure of equipment
belonging to the Village Hall or brought in by the Hirer must also be reported
as soon as possible. The Hirer must report all accidents involving injury to
the public to a trustee of Bulphan Village Hall CIO immediately and
complete the relevant section in the Village Hall’s accident book. Certain
types of accident or injury must be reported on a special form to the Incident
Contact Centre. The Village Hall Secretary will give assistance in
completing this form and can provide contact details.
18. 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
(b) No internal decorations of a combustible nature (e.g.
polystyrene, cotton wool) shall be erected without the
consent of the trustees. No decorations are to be put up
near light fittings or heaters.
19. Heating The Hirer shall ensure that no unauthorised heating appliances
are used on the premises when open to the public without the consent of
the trustees. Portable Liquefied Propane Gas (LPG) heating appliances
shall not be used.
20. 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 Village Hall. No animals whatsoever are to enter the
kitchen at any time.
21. 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 trustee of the
Bulphan Village Hall CIO 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.
22. 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.
22. Cancellation If the Hirer wishes to cancel the booking before the date
of the event and the Village 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 Village Hall.
1. More than 6 weeks notice: No charge, but the deposit will be
retained unless Hall can be re-let
2. Less than 6 weeks notice: No refund
The Village Hall reserves the right to cancel this hiring by written notice to
the Hirer in the event of:
● the premises being required for use as a Polling Station for a
Parliamentary or Local Government election or By-election.
● the Village Hall trustees 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.
● 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 paid,
but the Village Hall will 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 areas in a clean and tidy condition. The Hirer cannot leave until
the Hall is properly locked and secured unless directed otherwise and any
contents temporarily removed from their usual positions properly replaced,
otherwise the Village Hall shall be at liberty to make an additional charge.
The Keyholder has instructions to close the Hall at the end of the booking
time. It is the responsibility of the Hirer to ensure all persons including
helpers, musicians, bar staff, etc. vacate the Hall by that time. Kitchen
equipment must be cleaned and replaced in the cupboards provided. All
breakages or damages must be reported to the Booking Secretary
immediately.
A charge will be made if the keyholder is unable to lock up at the agreed
time because the hall has not been vacated, tidied and/or left in acceptably
clean state. A £50 charge for up to 30 minutes late, and a £50 charge for
each subsequent half hour, or part of. Further charges may be made for
extra cleaning required or any damage or breakage. These charges will
normally be deducted from the deposit before it is refunded.
24. 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 Village Hall Booking Secretary. Any alteration, fixture
or fitting or attachment so approved shall at the discretion of the Village Hall
remain in the premises at the end of the hiring. It will become the property of
the Village Hall unless removed by the Hirer who must make good to the
satisfaction of the Village Hall any damage caused to the premises by such
removal.
25. No Rights The Hiring Agreement constitutes permission only to use
the premises and confers no tenancy or other right of occupation on the
Hirer. The Trustees of the Village Hall can exercise their right to enter
the hall at any time.
26. Property. No furniture is to be brought into the hall for use at events
unless agreed with the Bookings Secretary. Only the tables and chairs
provided by the Hall may be used unless agreed with the Bookings
Secretary. Tables and chairs are available free of charge to Hirer. These are
not to be taken outside of the building. It is the responsibility of The Hirer to
set out the items required and to return them on completion to their original
stored position in a clean condition.
Complaints -The Hirer shall notify the Booking Secretary of any complaint
relating to the hire of the Village Hall in writing within 14 days of the hire date