In these conditions of hire:-
“The hirer” means the person signing the Premises Hire
Agreement. Where an organisation is named in the contract that
organisation shall also be considered the hirer and shall be
jointly and severally liable with the person who signed the
contract.
“The premises” means the building or part of the building hired
and referred to in the contract.
“The period of hire” means the time or times for hiring
appearing under the heading “Dates and Times Required” in the
contract.
"The Hire Charge" means the current rate payable for hiring a
premises.
“The Authorised Officer” means the Head of Customer Services,
Libraries and Information and any other nominated officer.
“The Council” means Bath and North East Somerset Council.
The masculine shall include the feminine and the singular the
plural.
Back to top of page
1. Applications to hire the premises must
be on the official forms provided for the purpose, called 1)
Premises Hire Agreement form and 2) Meeting Rooms and Equipment
Hire booking form. Details of the charges are to be found in
the enclosed leaflet. Failure to do so may only delay any
decision on the application and/or the proposed availability of
premises on date of hire. Provisional bookings made over the
telephone etc. will be held for a period not exceeding 14
days. The provisional booking will be cancelled after that
date if the official forms have not been signed and deposit
paid.
2. An application shall normally be made
not less than 28 full days before the proposed date of hire.
Bookings may be made less than 28 days subject to room availability
in which case all costs for hire will be payable at the time of
signing the Premises Hire Agreement and Meeting Rooms and
equipment booking form.
3. The hirer must personally sign the
Premises Hire Agreement Form
4. A deposit of 50% or full payment of
the hire fee/charge must be paid to confirm your booking (except
for hirers booking locations for a regular evening over a longer
period, when a monthly payment will be accepted). All cheques
need to be made payable to Bath and North East Somerset
Council.
Further, if Hirer has their own Public
Liability Insurance, then current copy details of the Insurance
cover to the sum of £5 million per claim or series of connected
claims must be supplied at the same time.
5. The hirer must pay all charges for single
bookings, (see leaflet) not less than 14 days before the proposed
date of hire. Failing receipt of this any provisional booking
will be cancelled.
6. Applications for hire will only be
accepted for a maximum rental period of one financial year (between
the 1 April in the year of application and 31 March the following
year).
Back to top of page
1.1 The Hirer by signing the contract
accepts the conditions of Hire and shall be liable for the hire,
the hire charge and any fees, expenses or liabilities specified in
the contract.
1.2 The Hirer shall not assign or sublet
the premises, or permit the premises to be used, for any purpose
other than for the purpose or purposes specified in the
contract.
2. The hirer shall take good care of
and shall not cause any damage or permit any damage to be done to
the premises or any part of the premises or the fixtures, fittings
and equipment on the premises or to any part of the building of
which the premises form part or any other building or structure
within the curtilage of the building, and any damage caused or
permitted by the hirer, his servants, agents, contractors or any
other person resorting to the premises by reason of his hire of
them shall be made good by the Council at the cost to the
hirer. The hirer shall inform the Authorised Officer of any
such damage as soon as practical and the hirer shall confirm it in
writing within twenty-four hours of its discovery. The cost
of such damage shall be certified by the Authorised Officer whose
decision shall be final.
3.1 The hirer shall be liable for and
shall indemnify the Council against all actions, proceedings,
claims, damages, charges, costs, expenses whatsoever brought or
made against the Council in respect of any damage, theft or loss of
any property, goods, articles or things whatsoever placed,
deposited, brought into or left upon the premises or other part of
the building of which the premises forms a part either by the hirer
for his use or by any other person using to the premises by reason
of his hire unless due to the negligence of the Council, their
servants or agents.
3.2 The Council shall not be liable for
any loss due to any industrial action, breakdown of machinery,
failure of supply of electricity, leakage of water, fire,
Government restrictions or act of God which may cause the premises
or any part thereof to be temporarily closed or the hiring to be
interrupted or cancelled nor for any
failure of the hirer to gain access to the premises unless
due to negligence of the
Council, their servants or agents.
4. The hirer shall be liable for, and shall
indemnify the Council at £5 million per claim or series of
connected claims, against all actions, proceedings, claims,
damages, damage to their property, charges, costs, expenses
whatsoever brought or made against the Council in respect of any
personal injury to or death of any person or loss whomsoever
arising out of or in the course of the hire of the premises by the
hirer unless due to the negligence of the Council, their servants
or agents.
5. The Authorised Officer on duty at any
time during the hire period can refuse the right of entry to guests
invited to the function by the hirer whose behaviour is considered
by the Authorised officer to be unacceptable (e.g excessively under
the influence of alcohol; drugs; violent)
6. The hirer, his servants, agents and
contractors shall during the period of hire and during such other
times as they or any of them shall be in the premises for the
purpose of the hiring comply with all requirements of the
Authorised Officer.
7.
(1) The hirer shall, during the period of hire and
until the premises are cleared by him, his servants, agents,
contractors and/or anyone else on the premises due to the hire, be
responsible for:-
(a) The efficient supervision of the
premises including the effective control of children (in accordance
with section 12 of Children and Young Persons Act 1933), the
orderly and safe admission and departure of persons to and from the
premises and assisting the Authorised Officer in the orderly and
safe clearance of the premises in case of emergency;
(b) keeping the premises safe and ensuring
good order.
(c) keeping the conditions imposed from
time to time by the Fire Officer and ensuring that all doors giving
exit from the premises shall be kept unlocked and unobstructed and
immediately available for exit during the whole time the premises
are in use and no obstruction shall be placed or allowed to remain
in any corridor giving access to the premises. All rubbish
must be cleared away at the end of the hire.
(d) Not exceeding the maximum capacity of
the premises. (see leaflet)
(2) The hirer shall provide as many
attendants and stewards as the Authorised Officer requires to
fulfil the obligations set out in Clause 7 (1).
(3) The hirer may be asked to employ a
security company for the period of hire, which must be a company
approved by B&NES. All security staff at the function
must respond directly to the Authorised Officer on duty.
(4) If you fail, in the opinion of
the Authorised Officer, to comply with clauses 7(1) and 7(2) he
shall be permitted to suspend or terminate the function carried out
on the hired premises and arrange immediate clearance of the
premises. The Council will not be liable for any damages
arising from the termination or suspension unless arising directly
from the Council’s negligence.
8.
(1) No animal other than a guide dog in the charge of a
blind person, may be brought onto
the premises or into the building of which the premises form part
without the prior written consent of the Authorised Officer.
(2) No goldfish or other live animals shall be
offered as a prize or gift by the hirer or by any other person
allowed on the premises by reason of his hire of them.
9. The hirer and his servants, agents,
contractors and others allowed on the premises by reason of its
hire shall leave the premises upon the expiry of the hire
period. If they have not the hirer will be required to
pay to the Council a surcharge amounting to the Council’s normal
hire charge for the premises until the premises have been
cleared.
10. No alteration or additions to the
premises, the fixtures, fittings, scenery and/or equipment or the
decorations at the premises shall be carried out without the prior
written consent of the Authorised Officer and such consent may
provide pre-conditions and instructions.
11. No nail or fixing of any kind
including shall be driven or put on any wall, floor, partition,
pillar, ceiling, fitting or furniture of any kind without prior
written consent of the Authorised Officer. No chalk, resin or
polishing materials may be used on floors. No Tac or sellotape are
to be applied to any of the walls. Any hirer found to of done so
will be liable for cost of re-decoration.
12. The use of any equipment provided by
the Council is at the risk of the hirer and the Council will accept
no liability or responsibility for it unless it is due solely to
the negligence of the Council or their servants or agents.
13. The hirer shall be wholly liable and
responsible for any loss or damage to the premises or any part of
it or its fixtures or fittings or to any of the Council’s equipment
used by him or by persons permitted on the premises by reason of
his hire.
14. No furniture or fittings or equipment shall
be moved or removed without the prior written consent of the
Authorised Officer and the hirer must comply with all directions of
the Authorised Officer with regards to seating arrangements in the
premises.
15. The hirer shall not permit, encourage
or arrange for fly posting or other illegal advertisement within
the District of Bath and North East Somerset in connection with the
hiring of the premises. If fly posting takes place the hirer
may be refused bookings of any land or premises under the control
of the Council.
16. No bills, placards, posters or notices of
any description shall be posted on or against any part of the
exterior of the premises or inside the premises except with the
prior written consent of the Authorised Officer.
17.
(1) The hirer shall not bring or permit to be brought
on to the premises any weapons, explosives, inflammable material or
pyrotechnics nor use or permit the use of any naked lights in any
part of the premises.
(2) The hirer shall not bring or permit to
be brought onto the premises any electrical appliance, electrical
public address systems, or additional lighting effect without the
prior written consent of the Authorised Officer who may as a
condition of his consent require that before any such electrical
appliance and/or additional lighting effect is used it shall be
inspected and approved by a competent electrical engineer nominated
by him. In addition, if required by the Authorised Officer
the hirer shall install a special and separate meter to measure the
additional electricity used by the hirer during the period of
hire. The hirer shall pay for the additional electricity
used, shown by the separate meter.
18. The hirer shall not be entitled to
grant sound, television broadcasting or filming rights without the
prior written consent of the Authorised Officer.
19. When the premises are let for the
purpose of a bazaar, exhibition, show or sale of work or other
similar function the fixing of stalls and all arrangements in
connection with the fittings up of the same shall not take place
until the Authorised Officer has approved plans submitted by the
hirer in advance.
20. The Council will, at their own
expense, provide for the normal heating and normal lighting of the
premises (but not further or otherwise) but shall not be
responsible for any failure thereof or defect to the heating and/or
lighting or loss or damage resulting there from unless due solely
to their negligence or the negligence of their servants or
agents.
21. All furniture, apparatus, appliances,
equipment and other supplies brought or sent to the premises by or
on behalf of the hirer shall be unloaded, placed in position and
removed by the hirer at such time or times as the Authorised
Officer may direct.
22. The hirer shall not give or permit to
be given any cinematograph show on the premises unless
non-flammable films are used. Where blackout facilities for
the premises are not available the hirer shall make his own
arrangements for the blackout of the premises in connection with a
cinematography show on the premises and shall carry out such
directions in connection therewith as the Authorised Officer shall
give.
23. The hirer shall be responsible for the
payment of all fees arising out of and shall make all arrangements
for the use of gramophone records, tape recorders or recordings of
any description on the premises and shall indemnify the Council
against all costs, damages, expenses, actions and proceedings
arising out of the use of gramophone records or breach of copyright
in gramophone records.
24. Rooms used including kitchens and toilets
must be left tidy and all items used cleaned and put away in
relevant areas. If the hirer fails to do so then an additional
charge of £50.00 will be levied to the hirer.
25. The hirer shall observe and comply
with the terms, conditions, restrictions and requirements of any
Act of Parliament. Statutory Instrument, Regulations or
Licence under which the premises or any part thereof may be used
and shall not do or permit to be done or permitted in or about the
premises any act or thing whereby such Act of Parliament, Statutory
Instrument, Regulations or Licence may be infringed or such Licence
may be liable to be suspended or forfeited or the renewal or
transfer thereof refused or endangered and shall indemnify the
Council and any person in whose name any Licence may be held on
their behalf against any loss of revenue, benefits, damages, costs
and expenses that may be incurred by them or him owing to the
breach, non-observance or non-performance of any such terms and
conditions and restrictions and requirements aforesaid.
Back to top of page
1. The hirer by notice in writing to the
Authorised Officer may cancel his contract to hire the premises at
any time up to 90 days prior to the date of the period of hire and
thereupon the Council shall refund to the hirer all monies paid by
him to the Council, and all monies payable for the hiring but
unpaid at the time of the cancellation shall cease to be
payable.
2. In the event of the hirer cancelling
his agreement in writing to hire the premises within 60 - 89 days
of the date of the period of hire, The Council shall refund to the
hirer 25% of all monies paid by him to the Council, and all monies
payable for the hiring but unpaid at the time of the cancellation
shall cease to be payable.
3. In the event of the hirer cancelling
his agreement in writing to hire the premises within less than 59
days or failing to take up any period of hire the Council shall be
entitled to retain all monies paid in respect of such period of
hire and all unpaid monies for the period of hire shall remain
payable to the Council.
4. The Council may through their
Authorised Officer cancel the hiring at any time. If so the
Council shall refund to the hirer all monies paid by him to the
Council. All monies payable for the period of the hire unpaid
at the time of cancellation shall cease to be payable, unless the
cancellation is due to some act or default of the hirer provided
always that the Council shall not be liable to pay any compensation
to the hirer in respect of such cancellation.
Back to top of page
1. Bath and North East Somerset Council
operates a no-smoking policy throughout its buildings including all
corridors, toilets, stairways and entrances.
2. Guests will be asked to vacate the
premises during a function if behaviour is considered by the
Authorised officer to be unacceptable.
Back to top of page
VI COMPLIANCE WITH
CONDITIONS
Failure by the hirer to comply with any or all of the above
conditions may be deemed by the Council to be just cause for the
immediate cancellation of any Hire or series of Hires. In
such an event no refund of monies paid by the hirer will be
made.
