This document is a modification of a Model Hiring Agreement provided for Village Halls by ACRE (Action with Communities in Rural England). Colwich and Little Haywood Village Hall Management Committee informs Hirers of the Hall that by signing an agreement to use the Hall they are entering into a contract that could be used in evidence should legal action become necessary.

DATED

PARTIES

(1)  Colwich and Little Haywood Village Hall Committee Committee, referred to as CLHVHC as shown in section 2.2

(2) The person or organisation hiring the Hall as shown section 2.3

AGREED as follows:

1. Throughout this Agreement:

• CLHVHC, where referred to as “we”; “our”, is to be construed accordingly and

“we” and “us” mean and include the Village Hall’s charity trustees, employees, volunteers, agents and

invitees

• the person or organisation named as hirer on the Booking Form is referred to as “you”; and “your” is to be construed accordingly; “you” also includes the members of your management committee (if appropriate), your employees, volunteers, agents and invitees

• where you must seek our consent, tell us about something or give us something, you must speak to and seek consent from the Booking Secretary or, if the Booking Secretary is not available, any of our Trustees

2. In consideration of payment of the invoice for the hire fee, we agree to permit you to use the premises for the purpose described and for the times described below. The details inserted in sub-clauses 2.1 to 2.6 below and the answers to the questions in sub-clauses 2.7 to 2.11 are terms of this Agreement. This Agreement includes the annexed Standard Conditions of Hire 2.1 Booking Details

Date

Time required (Hours)FROM        TO

Stage requiredYES/NO

Kitchen requiredYES/NO

2.2 Village Hall

(a) Registered Charity No: 700984

(b) Authorised Representative Mr. Bryan Symes Booking Secretary

Address: L’amour Des Deux, Penn Croft Little,  Haywood ST18 0UY

Telephone Number 01189 883943 Email  becesymes@gmail.com

2.3 Hirer details

(a) Name

(b) Organisation

(c) Name of Organisation’s Authorised Representative

Address,

Telephone Numbers

Email

Proof of I.D. Drivers licence……/Passport…….  /Utility bill…….

2.4 Hire Fees: as indicated on the Village Hall website.   The Committee requires a damage/cleaning deposit of £…… to be paid at the same time as the hire fee. This will be returned to the Hirer once a representative of the Committee is satisfied that no damage has been done and provided there have been no complaints from neighbours. The cost of any damage repair/cleaning will be deducted from the deposit.  Additional costs in excess of this deposit will be invoiced to the Hirer.

Optional additional condition for use with commercial hirers:

“Village halls are usually held on strict trusts which require the management committee to ensure that the hall is administered in accordance with those trusts. Accordingly,  we are bound to preserve and hereby reserve the right to terminate this Agreement by not less than seven days’ notice in writing to you 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 us, we will refund to you all monies paid by you to us. We will not, however, be liable to make any further payment to you in respect of expenses, costs or losses incurred directly or indirectly by you in relation to any such termination.”

2.5 Premises

The booking agreement covers the parts of the premises specified below:-

Main HallY/N

Committee roomY/N

Whole BuildingY/N

2.6 Purpose/description of hiring:

2.7 Will tickets be sold for your event?   Y/N

2.8 Is food to be provided at the event? Y/N

2.9 Is alcohol to be sold at the event?    Y/N                     TEN  ?     LICENCE ?

2.10 Will there be exhibition of a film?    Y/N                     TEN required       Y/N

2.11 Will live music be performed or recorded music played?       Y/N

2.12 Is any equipment being brought into the hall? For example, play equipment, bouncy castle,smoke machine, bar equipment etc.

3. You agree not to exceed the maximum permitted number of people per room including the organisers/performers

Main hall plus Meeting Room: 110 persons seated,

4. The hall does have a licence  with the Performing Right Society (PRS) for the performance of copyright music and a  Phonographic Performance Licence (PPL).

4.1 We DO NOT have a Premises Licence authorising entertainment and the sale of alcohol. If you intend to sell alcohol you must apply to the licencing authority for a temporary event notice (TEN). There is a limit on the number of TENs that can be granted annually for our premises. Lack of co-operation could affect future fundraising by us and by local voluntary organisations.

If you use an external organisation to run the bar you must ensure that they hold an appropriate licence.

5. You agree with us to be present (by your authorised representative, if appropriate) during the hiring and to comply fully with this Agreement.

6. We and you hereby agree that the Standard Conditions of Hire , together with any additional conditions that we deem necessary, form part of the terms of this Agreement unless we and you agree in writing.

7. 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.

8. An Invoice will be raised by the Booking Secretary and sent out by email, or post, to the Hirer. The booking is not confirmed until payment has been received in full by the Hall’s Treasurer. Delayed payment could result in a missed booking. Payment is expected at least 2 weeks before the booked event.

Signed on behalf of CLHVHC ………………………….Printed Name …………………….. Date       /     /

Hirer’ Signature                     ………………………….  Printed Name……………………… Date       /     /

Standard Conditions of Hire Issued By Colwich and Little Haywood Village Hall

Issued 27th February 2019

This document is available for viewing on the Colwich and Little Haywood village hall website or a hard copy is available on request.

If you are in any doubt as to the meaning of any of the Conditions, you must seek clarification from us without delay.

1. Age

You, not being a person under 18 years of age, hereby accept responsibility for being in charge of and on the premises at all times when the public are present and for ensuring that all Standard Conditions under this Agreement relating to management and supervision of the premises are met.

2. Supervision

During the period of the hiring, you are responsible for:

(i) supervision of the premises, the fabric and the contents;

(ii) care of the premises, safety from damage however slight or change of any sort; and

(iii) 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 us, you must 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

You must not use the premises, including the car park, for any purpose other than that described in the Agreement and must 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 on to the premises anything which might endanger the premises or render invalid any insurance policies covering the premises nor allow the consumption of alcohol without our written permission.

4. Insurance and indemnity

(i) You are liable for:

(a) the cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including its curtilage or its contents

(b) all claims, losses, damages and costs made against or incurred by us, our employees, volunteers, agents or invitees in respect of damage or loss of property or injury to persons arising as a result of your use of the premises (including the storage of equipment) and

(c) all claims, losses, damages and costs made against or incurred by us as a result of any nuisance caused to a third party as a result of your use of the premises and subject to sub-clause (ii), you must indemnify us against such liabilities.

(ii) We will take out adequate insurance to insure the liabilities described in sub-clauses (i)(a) and (b) above and may, in our discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (i)(c) and (d) above. We will claim on our insurance for any liability you incur but you must indemnify us against:

(a) any insurance excess incurred and

(b) the difference between the amount of the liability and the monies we receive under the insurance policy.

(iii) Where we do not insure the liabilities described in sub-clauses (i)(c) and (d) above, you must take out adequate insurance to insure such liability and on demand must produce the policy and current receipt or other evidence of cover to our Hall Secretary. If you fail to produce such policy and evidence of cover, we will cancel this Agreement and re-hire the premises to another hirer.

We are insured against any claims arising out of our own negligence.

5. Gaming, betting and lotteries

You must ensure that nothing is done on or in relation to the premises in contravention of the law relating to gaming, betting and lotteries.

6. Music Copyright licensing

We hold relevant licences under Performing Right Society (PRS) and the Phonographic Performance Licence (PPL)

7. Music

The Hall is licenced for Music, Singing and Dancing under the Public Health Acts(Amendment 1890) between 8.00am and 11.00pm on Saturdays and 8.00am and 10.30 pm on Sundays

You must have our written permission for performance of live music and the playing of recorded music under the Deregulation Act 2015. This Agreement confers that permission.

8. Film

You must restrict children from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification. You must ensure that you have the appropriate copyright licences for film. This Agreement confers the required permission on you. (The Deregulation Act 2015 requires you to have our written permission to show a film). A temporary Event Notice (TEN) must be applied for from the Council.

9. Safeguarding children, young people and vulnerable adults

You must ensure that any activities for children, young people and other vulnerable adults are only provided by fit and proper persons in accordance with the Safeguarding Vulnerable Groups Act 2006 and any subsequent legislation. When requested, you must provide us with a copy of your Safeguarding Policy and evidence that you have carried out relevant checks through the Disclosure and Barring Service (DBS).

10. Public safety compliance

You must comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, and our 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 our health and safety policy.

You must call the Fire Service to any outbreak of fire, however slight, and give details to our Hall Secretary.

(i) You 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 hall.

• Location of fire fighting equipment is detailed on this website under 'Instructions': Item 3 - Fire Precautions (instructions for use are on the appliances).      

• 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 first aid boxes (cupboard on the far wall of the kitchen by the window)

(ii) In advance of any activity whether regulated entertainment or not you must check the following items:

• That all fire exits are unlocked and panic bolts are 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 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.

11. Noise

You must ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning.

12. Drunk and disorderly behaviour and supply of illegal drugs

You must ensure that in order to avoid disturbing neighbours of the hall and avoid violent or criminal behaviour:

(i) no one attending the event consumes excessive amounts of alcohol

(ii) no illegal drugs are brought onto the premises.

Drunk and disorderly behaviour is not permitted either on the premises or in its immediate vicinity. We will ask any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way to leave the premises in accordance with the Licensing Act 2003.

13. Food, health and hygiene

You must, 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

You must ensure that any electrical appliances brought by you to the premises 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.

15. Stored equipment

We accept 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 we will charge fees each day or part of a day at the hire fee per hiring until the same is removed.

We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances:

(i) your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended

(ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.

16. Smoking

You must comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. We will ask any person who breaches this provision to leave the premises. You must 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. There is a purpose- built receptacle on the wall to the right of the main door to the foyer.

17. Accidents and dangerous occurrences

You must report to us as soon as possible any failure of our equipment or equipment brought in by you. You must report all accidents involving injury to the public to us as soon as possible and complete the relevant section in our accident book. You must report certain types of accident or injury on a special form to the Incident Contact Centre. Our Hall Secretary will give assistance in completing this form and can provide contact details of the Incident Contact Centre. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Incident forms will be found in the two First Aid boxes, one in the cupboard under serving hatch far kitchen and the other in the Meeting Room in the cupboard under the sink.

18. Explosives and flammable substances

You must ensure that:

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

(ii) No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) are erected without our consent.

19. Heating

You must ensure that no unauthorised heating appliances are used on the premises when open to the public without our consent. You must not use portable liquefied propane gas (LPG) heating appliances.

20. Animals

You must ensure no animals except guide dogs are brought on to the premises other than for events agreed by CLHVHC. No animals to be allowed in the kitchen at any time

21. 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 premises, and must indemnify and keep indemnified us accordingly against all actions, claims and proceedings arising from any breach of this Condition. If you fail to observe this Condition you may be prosecuted by the local authority.

22. Sale of goods

You must, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales. In particular, you must ensure that the total prices of all goods and services are prominently displayed, as must be the organiser’s name and address and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices.

23. Cancellation

If you wish to cancel the booking before the date of the event and we are unable to conclude a replacement booking, we will, at our complete discretion, require payment of the hire fee.

We reserve the right to cancel this Agreement by giving you written notice in the event of:

the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;

our 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;

the premises becoming unfit for your intended use;

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 you will be entitled to a refund of payments already made, but we will not be liable to you for any resulting direct or indirect loss or damages whatsoever.

24. End of hire

The hall must be left in a clean and tidy condition ready for use be the next hirer.

You are responsible for leaving the premises and surrounding area in a clean and tidy condition, swept and mopped if necessary. The property must be properly locked and secured unless directed otherwise and any contents temporarily removed from their usual positions properly replaced. Chairs and tables must be returned to their original storage positions.  Refer to plan on notice board.

Check all doors are locked, remove all rubbish, turn heating off, turn off lights off including those in toilets, turnoff all taps. Failure to comply may result in additional charges

25. No alterations

You must not make any alterations or additions to the premises nor install or attach any fixtures or placards, decorations or other articles in any way to any part of the premises without our prior written approval.

26. No rights

This Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on you.