For sake of clarity, there’s a few terms used though-out this document which You need to know.
- The Centre is Hagley Community Centre or any part of it including the car park at Worcester Road Hagley Stourbridge DY9 0NW.
- The Association is Hagley Community Association
- The website is www.hagleyvillage.org.
- The Committee is the volunteers who run The Association who are listed on The Website and includes employees, volunteers, agents or invitees of The Association.
- You or Your is You the hirer of The Centre.
- Your Booking or Your Hire is Your Hire of The Centre.
- These Conditions or The Conditions is this document.
- The Agreement is a separate document containing Your details which You sign before hire of The Centre. By signing The Agreement, You acknowledge that You understand These Conditions. By hiring The Centre on-line you will have been seen to have signed The Agreement, a copy of which will emailed to you.
- The Bookings Manager is the person listed on The Website who has volunteered to manage Bookings and the hire of The Centre.
If there’s anything here that isn’t clear to You when You have read These Conditions then contact The Bookings Manager immediately, their details are on The Website under Contact Us.
1. Age and Responsibility
To hire The Centre You must be over 18 and You are completely responsible for The Centre and everyone in the rooms You have hired which means that all of the following is observed.
2. Booking Confirmation, Payments and Deposits
The Bookings Manager will confirm Your Booking of The Centre when they have received any Agreement You have signed and Your payment and any deposit The Bookings Manager chooses to levy. All payments and deposits must be made to The Bookings Manager within seven days of receiving this document and the Hire Agreement otherwise The Bookings Manager will have assumed you do not wish to proceed and cancelled Your Booking.
Deposits will be returned after the hire where no damage has been incurred and The Centre has been left in a clean and tidy state and all rubbish removed by You. The Bookings Manager’s decision is final as to whether a deposit is returned or not.
The payment for hire is calculated at the rates set-out on The Website. If you become affiliated to The Association (or visa-versa) then the payment for future hire of The Centre will be recalculated at these rates.
3. Advertising Your Booking
If making Your Booking of The Centre on-line you will be given the choice of advertising Your Booking on The Website. If you choose to advertise Your Booking it will appear in The Centre on-line calendar and the village events listing on The Website and may appear in Hagley Village News.
If you are affiliated to The Association and paid the affiliation fee as set-out on The Website the reverse applies, you can opt-out of advertising Your Booking.
If You cancel Your Booking within fourteen days of the date of Your Booking you will forfeit Your Booking fee and any deposit will be returned to You.
The Booking Manager reserves the right to cancel Your Hire of The Centre by written notice to You in the event of:
- The Centre being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;
- The Bookings Manager considers that:
- Your Hire of The Centre will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or;
- Unlawful or unsuitable activities will take place at The Centre as a result of Your Hire;
- The Centre becoming unfit for the use intended by You;
- An emergency requiring use of The Centre as a shelter for the victims of flooding, snowstorm, fire, explosion or those at risk of these or similar disasters.
In any such case You shall be entitled to a refund of any deposit already paid, but The Association shall not be liable to You for any resulting direct or indirect loss or damages whatsoever.
5. At the end of Your Hire
You are responsible for leaving The Centre in a clean and tidy condition, properly locked and secured (unless directed otherwise) and any contents temporarily removed from their usual positions properly replaced, otherwise The Booking Manager shall be at liberty to make an additional charge. You must remove all rubbish.
During Your Hire You are responsible for
Not damaging or changing the fabric or contents of The Centre what-so-ever;
The behaviour of all persons using The Centre whatever their capacity and this includes proper supervision of car parking arrangements.
Not using The Centre for any purpose other than that described in the Hiring Agreement and not sub-hiring The Centre or allowing The Centre to be used for any unlawful purpose or in any unlawful way nor doing anything or bringing onto The Centre anything which may endanger The Centre or render invalid any insurance policies in respect of The Centre nor allow the consumption of alcohol at The Centre without written permission.
7. The Entertainments & Premises Licence
You must ensure that the number of people on The Centre shall not exceed for standing or seated, the number permitted under the entertainment or premises licences granted for The Centre details on The Website.
The Centre shall not be used for public entertainment except between the hours specified in The Centre premises licences unless special permission has been issued by Bromsgrove District Council and The Association.
8. Compliance with the Children Act 1989
The Association takes safeguarding of children and the vulnerable seriously. You must 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 who have passed the appropriate Disclosure and Barring Service (DBS) checks have access to the children. Remember that checks may also apply where children over eight and vulnerable adults are taking part in activities. You must provide The Bookings Manager with a copy of Your DBS check and Child Protection Policy immediately if requested.
9. Gaming, Betting and Lotteries
You must ensure that nothing is done on or in relation to The Centre in contravention of the law relating to gaming, betting and lotteries.
10. Licensable Activities
You must ensure that The Centre holds a Performing Society Right Licence which permits the use of copyright music in any form, e.g. record, compact disc, tapes, radio, television or by performers in person. If other licences are required in respect of any activity at The Centre You should ensure that You hold the relevant licence or The Centre holds it.
You must inform the Booking Officer if You intend to sell alcohol and You will apply for the appropriate licence. The licence must be displayed at point of sale at The Centre for the duration of the event. You must inform the Booking Officer in writing of all licences applied for and obtained. It is an offence to sell alcohol at an event without a Temporary Event Notice or to allow disorderly conduct, or to sell alcohol to persons under the age of 18.
11. Public Safety Compliance
You must comply with all conditions and regulations made in respect of The Centre by the Local Authority, the Licensing Authority, the 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. You must also comply with the Centre’s health and safety policy.
You must acknowledge that You 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 Centre.
- 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.
In advance of an entertainment or play or event You must 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 Centre.
12. Means of Escape
- All means of exit from The Centre must be kept free from obstruction and immediately available for instant free public exit.
- The emergency lighting supply illuminating all exit signs and routes must be turned on during the whole of the time The Centre is occupied (if not operated by an automatic mains failure switching device).
13. Outbreaks of Fire
You must call the Fire Brigade to any outbreak of fire, however slight, and tell the secretary of the Community Association who’s contact details are on the website.
14. Health and hygiene
You must if preparing, serving or selling food, observe all relevant food health and hygiene legislation and regulations. The Centre is not a licensed premise for food preparation.
15. Electrical appliance safety
You must ensure that any electrical appliances brought by You to The Centre and used there are 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 You must make use of it in the interests of public safety.
16. Insurance and indemnity
- You are liable for:
- The cost of repair of any damage (including accidental and malicious damage) done to any part of The Centre or the contents of The Centre
- All claims, losses, damages and costs made against or incurred by The Association in respect of damage or loss of property or injury to persons arising as a result of the use of The Centre (including the storage of equipment) by You, and
- All claims, losses, damages and costs made against or incurred by The Association as a result of any nuisance caused to a third party as a result of the use of The Centre by You, and subject to sub-clause (2), You will indemnify and keep indemnified accordingly each member of The Association against such liabilities.
- The Association shall take out adequate insurance to insure the liabilities described in sub-clauses (1.1) above and may, in its discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (1.2) and (1.3) above. The Association shall claim on its insurance for any liability of You hereunder but You must indemnify and keep indemnified each member of The Association against any insurance excess incurred and
- the difference between the amount of the liability and the monies received under the insurance policy.
- Where the Community Centre does not insure the liabilities described in sub-clauses (1.2) and (1.3) above, You must 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 Booking Manager. Failure to produce such policy and evidence of cover will render Your Hire void and enable The Booking Manager to rehire The Centre to another person.
- The Association is insured against any claims arising out of its own negligence.
17. Accidents and Dangerous Occurrences
You must report all accidents involving injury to the public to a member of The Association as soon as possible and complete the relevant section in the Community Centre’s accident book. Any failure of equipment belonging to the Community Centre or brought in by You 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 Bookings Manager 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: 0845 3009923
- Facsimile: 0845 3009924
- Website: www.riddor.gov.uk or via the HSE website: www.hse.gov.uk
- Post: Incident Contact Centre, Caerphilly Business Park, Caerphilly, CF83 3GG
18. Dangerous and Unsuitable Performances
Performances involving danger to the public or of a sexually explicit nature shall not be given.
You must ensure that Your invitees shall 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 Centre.
20. Explosives and Flammable Substances
You must ensure that flammable substances are not brought into, or used in any part of The Centre and that no internal decorations of a combustible nature such as polystyrene are erected without the consent of The Association. No decorations are to be put up near light fittings or heaters.
21. Heating the Centre
You must ensure that no unauthorised heating appliances shall be used in The Centre when open to the public without the consent of The Association. Portable Liquefied Propane Gas (LPG) heating appliances must not be used.
22. Drunk and Disorderly Behaviour and Supply of Illegal Drugs
No illegal drugs may be brought onto The Centre. You must ensure that You don’t disturb neighbours to The Centre and avoid violent or criminal behaviour and avoid excessive consumption of alcohol. You must not permit drunk and disorderly behaviour at The Centre nor serve alcohol to any person suspected of being drunk nor to any person suspected of being under the age of 18.
If You suspect anyone of being drunk or under the influence of drugs or who is behaving in a violent or disorderly way then You must ask them to leave The Centre straight away.
You must ensure that no animals (including birds) except guide dogs are brought into The Centre, other than for a special event previously agreed to by The Association. No animals whatsoever are to enter the kitchen at any time under any circumstances.
24. Fly Posting
You must not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at The Centre and shall indemnify and keep indemnified each member of The Association 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. Sale of Goods
When selling goods at The Centre You must comply with Fair Trading Laws and any code of practice used in connection with such sales and in particular You must 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.
26. Film Shows
You should ensure that You have the appropriate copyright licences for any film You show at The Centre and that You observe the British Board of Film Classification restrictions attached to the film.
You must ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. You must, if using sound amplification equipment, make use of any noise limitation device provided at The Centre and comply with any other licensing condition for The Centre.
28. Stored Equipment
The Association accepts no responsibility for any stored equipment or other property brought on to or left at The Centre, 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 hire 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, use its discretion in any of the following circumstances:
- Failure by You 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.
- Failure by You to dispose of any property brought on to The Centre for the purposes of the hiring. This may result in The Association disposing of any such items by sale or otherwise on such terms and conditions as it thinks fit, and charge You any costs incurred in storing and selling or otherwise disposing of the same.
29. No Alterations
No alterations or additions may be made to The Centre nor may any fixtures be installed or placards, decorations or other articles be attached in any way to any part of The Centre without the prior written approval of The Association.
Any alteration, fixture or fitting or attachment so approved shall at the discretion of The Association remain in The Centre at the end of the hiring when it will become the property of The Association unless removed by You.
You must make good to the satisfaction of The Association if any damage is caused to The Centre by such removal.
30. No Rights
The Hiring Agreement constitutes permission only to use The Centre and confers no tenancy or other right of occupation on You.