Community Centres - condition of hire
"Agreement" means this agreement to hire the Centre consisting of the booking form signed by or on behalf of the Hirer, the Standard Conditions and any Special Conditions (if any).
"Bond" means the additional sum of £100 payable for the use of the Centre for social events, parties and celebrations and refundable in the circumstances set out in Clause 11 below.
"The Centre" means the Centre identified on the booking form "The Council" means the Borough Council of Chorley.
"The Fee" means the sum specified on the booking form "The Hirer" means the named person on the booking form.
"The Period of the Hiring" means the dates specified on the booking form.
"The Purpose of the Hiring" means the reason the centre is hired as specified on the booking form.
"Public Liability Insurance" means the Hirer is to provide their own public liability insurance cover against any third party claim for loss or damage.
"Block Booking" means a period of dedicated 3 month hire.
"Regular Hirer" means a party who intends to hire the Centre for regular sessions "Corporate Hirer" means a group / organisation / small business.
"The Special Conditions" means any condition set out in a Schedule to these Standard Conditions "The Standard Conditions" means the terms and conditions of hire of the Centre as set out below.
These terms and conditions form the basis of the booking between the Hirer and the Council. The Council will not enter into, accept or sign any third party's terms and conditions. The terms and conditions will not be varied except in writing and agreed by both parties.
If the use of the Centre is a private one, the person completing the booking process is responsible to Chorley Council ('the Council') for the obligations set out in the Standard Conditions and shall be the contracting party for the purposes of the booking with the Council.
Private Hirers using the Centre must notify the Council at the time of booking of the name, address and telephone number of the person taking responsibility for the Centre and complete the booking process and submit all required documentation at least 10 working days (2 weeks) before the Period of the Hiring commences.
The Hirer if an individual must be eighteen years of age or over and must remain on site throughout the Period of the Hiring.
Hire times agreed at the point of booking include setting up and clearing away and vacating the building. Hirers that overrun their agreed time may be charged for the time overrun.
In consideration of the Fee the Council agrees subject to the Standard Conditions and any Special Conditions to permit the Hirer to use the Centre for the Purpose of the Hiring during the Period of the Hiring.
The Council reserves the right to decline a booking or part thereof at any time without liability.
The Hirer agrees with the Council to observe and perform the Standard Conditions and any Special Conditions.
The Hirer agrees to read and comply with the actions laid out in the Centre Risk Assessments.
The Hirer will conduct a Risk Assessment in respect of their booking and will provide to the Council, on request, full details of this Risk Assessment.
Where Hirer activities include requirements laid out in sections 14.7.1 - 14.7.4, Hirers must ensure all evidence and statutory checks and policies are detailed within their Risk Assessments.
Groups/organisations using the Centre must notify the Council of the name, address and telephone number of the person taking responsibility for the Centre and complete the booking process 20 working days (4 weeks) before the Period of the Hiring commences
The Hirer, if an individual, must be 18 years of age or over and must remain on site throughout the Period of the Hiring.
Hire times agreed at the point of booking include setting up and clearing away and vacating the building. Hirers that overrun their agreed time will be charged for the time overrun at the original hire rate agreed at time of booking.
Where unauthorised/agreed hire periods impact other users/hirers of the Centre (i.e. a hire period runs over its allotted time), additional costs may be incurred to compensate those affected hirers and these cost will be charged to the hirer at fault with an additional administration fee of £25.
5.1 The Use of the Centre includes use of the foyer cloakrooms, kitchen and toilet facilities associated with it or that part of it as is hired and indicated as such on the booking form and may only be used for the purpose for which they are hired.
5.2 The Centre is of generic design to enable varied and diverse activities. It is not designed with specific activities or groups in mind. As such:
5.2.1 The Council is not responsible for any compliance regulations specific groups must adhere to. Hirers are responsible for ensuring that they set up the rooms / centre as required for their activities.
5.2.2 The Hirer must not fix to or exhibit on the outside of the Centre, any placard, sign, notice, fascia, board or advertisement, except without the written consent of the Council such consent not to be unreasonably withheld or delayed. Any unauthorised internal / external work fixtures fittings and or equipment will be removed from the Centre with no compensation or notice to the Hirer and any subsequent costs of making good any damage will be charged to the Hirer. This is in conjunction and in addition to clause 17.
5.2.3 Without prejudice the Hirer must not do in or near the Centre anything by reason of which the Council may incur any losses and/or damage under any statute. Any costs of making good any damage will be charged to the Hirer.
5.2.4 The Hirer must not do anything in the Centre or allow anything to remain in them that may be or become or cause a nuisance, or annoyance, disturbance, inconvenience, injury or damage to the Council or the owners or occupiers of adjacent or neighbouring Premises. Provided always that the carrying on by the Hirer of its business in a reasonable manner will not be a breach of this clause.
5.2.5 The Hirer must give notice to the Council of any defect in the Centre that might give rise to an obligation on the Council to do or refrain from doing anything in order to comply with the provisions of this agreement or the duty of care imposed on the Council, whether pursuant to the Defective Premises Act 1972 or otherwise and must at all times display and maintain any notices the Council may from time to time reasonably requires him to display at the Centre.
5.2.6 The Hirer must not make any alterations/ internal/external work fixture fittings and /or equipment to the Centre without the prior written consent of the Council such consent not to be unreasonably withheld or delayed. Please see clauses 5.2.5 and 17.
5.2.7 If the Council have given written consent to 5.2.6 then all approved alterations/internal
/ external fixtures and fittings and/or equipment will be paid for by the Hirer. All works must be carried out by the Council's Property Services Team.
5.2.8 If the Council have not given written consent or approval for any alterations/ internal / external work fixtures fittings and or equipment then the Council will remove these from the centre with no compensation or notice to the Hirer. Fixtures/ Fittings/ equipment left on site will be removed and disposed off as the Council deems fit and the Council and its Officers will not be held liable for any cost relating to the loss of the equipment but the hirer may be held liable for any cost incurred by the Council for the disposal of the fixtures/fitting and/or equipment and making good of the centre.
6.1 No part of the Centre is to be used for any other purpose other than the Purpose of the Hiring.
6.2 No part of the Centre is to be used for any unlawful purpose or in any unlawful way.
6.3 No part of the Centre is to be used for any extremist purposes, whether that is religious, political or social.
6.4 No animal (other than a recognised Assistance Dog) is to be bought into the Centre or allowed to enter the Centre without the prior consent of the Council.
6.5 The Centre is open to all members of the community and the Hirer must not discriminate in any way on the grounds of race, gender, sexual orientation, disability, religious or political beliefs or marital status.
6.6 The Hirer notes the Council's obligations under the Human Rights Act 1998 ("the 1998 Act"). The Hirer must facilitate the Council's compliance with the 1998 Act.
6.7 The Hirer must remain at the Centre for the full Period of the Hiring although the Council may agree in advance to the Hirer nominating another responsible person for specified times during the Period of the Hiring.
6.8 The Hirer and guests must conduct themselves in a responsible manner with due consideration to the other third parties and must refrain from any behaviour, which would bring the Council into disrepute or cause discomfort/risk to others.
7.1 Cancellation/Termination by Hirer - business as usual/one off events/private parties/events
7.1.1 The Hirer must adhere to the Period of the Hiring and any changes must be agreed with the Council by telephoning the bookings line on 01257 515151. Hirers should note that all changes must be phoned in by the Hirer to the above telephone number.
7.1.2 If the Hirer wishes to cancel the full hire Agreement then the Hirer must give to the Council notice to that effect. If such notice is given not later than 10 working days (2 weeks) prior to the Period of the Hiring then the Council will refund/not charge to the Hirer the fee but otherwise the Council will be entitled to retain/ claim the whole fee
7.2 Cancellation/Termination by Hirer - Advanced bookings (at least, or more than, three hours per day, three times a week.
7.2.1 The Hirer must adhere to the Period of the Hiring and any changes must be agreed with the Council by telephoning the bookings line on 01257 515151. Hirers should note that all changes must be phoned in by the Hirer to the above telephone number.
7.2.2 If a Booking Agreement is for at least or more than 3 hours per day, 3 times a week, and is made more than three weeks in advance, and the Hirer wishes to cancel or terminate the Agreement then the Hirer must give to the Council notice to that effect. If such notice is given not later than 10 working days (2 weeks) prior to the Period of the Hiring then the Council will refund/not charge to the Hirer the hire fee but otherwise the Council reserves the right to retain/ claim the whole fee (particularly in the event that it is unable to obtain an alternative booking) and the Hirer shall be liable to pay the Council. The booking shall only be deemed cancelled upon receipt of written and/or emailed notification of such by the Hirer.
7.3 Cancellation/Termination by Hirer - Advanced block bookings (6 month hire)
7.3.1 The Hirer must adhere to the Period of the Hiring and any changes must be agreed with the Council by telephoning the bookings line on 01257 515151. Hirers should note that all changes must be phoned in by the Hirer to the above telephone number.
7.3.2 If a Block Booking Agreement is required on a regular basis each week/month (or variation thereof) over a 6 month hire period and is made more than three weeks in advance, and the Hirer wishes to cancel a single or multiple sessions within that Agreement then the Hirer must give to the Council notice to that effect. Such notice should be given not later than 10 working days (2 weeks) prior to the Period of the Hiring. Sessions not cancelled following the agreed process that impact on other users and the Council, may incur an additional administration charge of £25.00. Continued failure to inform the booking office of cancelled session may result in the council terminating the Hirer's agreements as detailed in 8.1.8. The booking shall only be deemed cancelled upon receipt of written and/or emailed notification of such by the Hirer.
7.3.3 If a Block Booking Agreement is required on a regular basis each week/month (or variation thereof) and is made more than three weeks in advance, and the Hirer wishes to terminate the full Agreement then the Hirer must give to the Council notice to that effect. If such notice is given not later than 10 working days (2 weeks) prior to the Period of the Hiring then the Council will refund/not charge to the Hirer the hire fee but otherwise the Council reserves the right to retain/ claim the whole fee (particularly in the event that it is unable to obtain an alternative booking) and the Hirer shall be liable to pay the Council. The booking shall only be deemed cancelled upon receipt of written and/or emailed notification of such by the Hirer
7.4 Cancellation/Termination by Hirer - Internal, Council funded, Free of Charge.
7.4.1 The Hirer must adhere to the Period of the Hiring and any changes must be agreed with the Council by telephoning the bookings line on 01257 515151. Hirers should note that all changes must be phoned in by the Hirer to the above telephone number.
7.4.2 If the Hirer wishes to cancel the Agreement then the Hirer must give to the Council notice to that effect. If such notice is given not later than 10 working days (2 weeks) prior to the Period of the Hiring then the Council may re-charge the Hirer for the period of hire at £10.55 per hour.
8.1 The Council properly and reasonably reserves the right to cancel or terminate wholly or in part any booking for any reason including, but not limited to, the following:
8.1.1 If the Centre is required for any purpose in connection with a Parliamentary European or local government election or referendum or in connection with any local authority function or service or in an emergency situation;
8.1.2 If the Centre requires maintenance work or the centre in part or whole is required as an emergency rest centre or if the Centre is rendered unusable by such an event as mentioned in 27.1 and 34 or for fund raising activities associated with the upkeep or development of the Centre
8.1.3 If the Hirer becomes bankrupt or insolvent or enters into liquidation or receivership; or
8.1.4 If the Hirer is more than 30 days in arrears in respect of payments due to the Centre in respect of previous and/or current bookings or part thereof; or
8.1.5 If the booking might, in the Council's reasonable opinion, prejudice the reputation of the Council;
8.1.6 If the behaviour of the Hirer/guests (whether as individuals or as a group) is deemed by the Council to be unacceptable;
8.1.7 If the activity of the Hirer/guests (whether as individuals or as a group) breaches Fire/Health and Safety or any legislation in any way or deemed unsafe for staff, performers or public.
8.1.8 If the 6 month regular Hirer continually fails to notify the Council of cancelled sessions that impacts on other users and Council staff.
Any such amendment/cancellation/termination shall be without prejudice to any right of action of the Council in respect of non-payment or any breach of the terms and conditions.
8.2 If the Agreement is cancelled for any such reason as is mentioned in condition 8.1 the Council will give to the Hirer the maximum practicable notice (except in the case of an emergency) and refund/not charge the fee but will not otherwise be liable to the Hirer.
8.3 If the Hirer fails to observe and perform any of the conditions laid down in these Standard Terms and Conditions the Council may:
8.3.1 Charge to recover from the Hirer any expenses incurred by the Council and the Council in remedying any such failure including the cost of employing contractors or other persons as maybe appropriate together with an administration fee of £25.
8.3.2 Cancel this or any other Agreement by the Hirer without incurring any liability to the Hirer for the return of the fee or otherwise
8.3.3 Charge to recover from the Hirer a standard fee of £40 per hour for extraordinary cleaning required by the caretaker should the Hirer leave the centre unfit as per the conditions of hire laid out in section 13 and all ensuing subsections together with an administration fee of £25.
8.3.4 Charge to recover fully from the Hirer any expenses incurred by the Council for specialist cleaning services including but not exclusive to biohazards together with an administration fee of £25.
The maximum number of people allowed into the Centre is:
Individual room usage: Astley Village, Clayton Brook, Eaves Green, Lancaster Way.
Large Rooms: 60 maximum capacity.
Small Rooms: 15 maximum capacity.
ICT Suites: 8 maximum capacity.
Café: 20 maximum capacity.
Counselling Rooms: 4 maximum capacity.
Individual room usage: Buttermere
Large room: 30 maximum capacity.
Small room: 8 maximum capacity
Please note that if both rooms are hired to 2 different user groups, total attendances from both groups cannot exceed 80 (40 Buttermere). If you have a particularly large group, please check capacity with the Council prior to booking. Maximum numbers are based on 'theatre style" seating or standing.
Parties / Celebrations / Events:
Whole Centre 80 maximum (40 Buttermere)
For meeting layouts / exceptional layouts, the Hirer is responsible for contacting the appropriate authorities to ascertain the correct maximum allowance of persons into the centre.
Smoking is not to be permitted anywhere in the Centre or immediately outside the entrance areas of the Centre. Please refer to the Council's smoking policy on site for more information.
11.1 The Hirer will be invoiced for payment (and Bond if applicable) before the commencement of the Period of the Hiring and the Hirer must ensure that full payment is made 10 working days (2 weeks) prior to the Period of the Hiring unless the Hirer is a Regular Hirer and/or as part of the 6 month hire process.
11.2 Social, parties and celebrations must pay a minimum Bond of £100. On condition that the Hirer complies with the conditions laid out in the Agreement and the Special Conditions the Bond will be returned within 5 working days following the expiration of the Period of Hire. If the Hirer fails to observe and perform any of the conditions in the Agreement the Council may:
11.2.1 Retain whole or part of the Bond
11.2.2 Refuse to hire the Centre to the Hirer or associated parties for any future events.
11.3 Regular hirers wishing to book hire periods over the standard 6 and 12 month diary are required to block book timeslots to ensure availability.
11.4 Regular Hirers will be invoiced on a twice-yearly basis which coincides with the start of the
Council's financial year or on completion of the hire period whichever comes sooner.
11.5 Regular Hirers must pay a specified portion of the twice-yearly invoices to the Council as a minimum on the 15th of each month for the period of Hire the invoice covers
11.6 In cases of non payment the Council will take appropriate action to recover the debt, including referral to external debt collection services, and shall be entitled to recover all costs, interest, damages and legal expenses (on a full indemnity basis) from the Hirer concerned.
12.1 The Council will not be liable for any damage or loss to vehicles or their contents whilst parked or in transit on Council property.
12.2 The Council will not be liable for the death or injury to any person in connection with vehicles or other mode of transport whilst in transit, stationary or parked on Council property except where such death or injury is due to the negligence of the Council.
13.1 At the start of the Period of the Hiring the Hirer is responsible for setting out tables and chairs to meet the requirements of the Purpose of the Hiring unless an alternative arrangement has previously been made and agreed with the Council.
13.2 Prior to the expiration of the Period of the Hiring the Hirer is responsible for cleaning, folding and putting away tables and stacking chairs against the wall no more than 5 high unless an alternative arrangement has previously been made and agreed with the Council.
13.3 On the expiration of each Period of the Hiring the Hirer is to remove all equipment previously brought in by or on behalf of the Hirer.
13.4 At the expiration of each Period of the Hiring the Hirer is to leave the Centre in a clean and orderly state free from litter and in particular (but without prejudice to the generality of the above) all food should be removed and the kitchen and other areas left in a clean and sanitary condition. All rooms and hire spaces (inclusive of toilets and storage areas) should be left 'as found' to assist other users and hirers of the Community Centre. Cleaning equipment and products will be made available to all users and will be noted as part of the initial induction process.
13.5 All waste that exceeds more than the average daily waste produced in the Centre (two bin bags) including all food waste, bottles and cans must be removed from the Centre and disposed of off-site by the Hirer.
13.6 Long term Hirers may use space allocated to the Hirer by the Council for the purpose of storage after obtaining the consent the Council. Any further storage space must be agreed in advance with the Council and the Council reserves the right to remove any goods or property of any description in breach of this requirement. Goods stored by the Hirer must be stored safely and securely and at the Hirer's risk without causing obstruction or inconvenience to the Council or other users of the Centre.
13.7 At the expiration of the Period of the Hiring all goods and equipment previously brought in by or on behalf of the Hirer must be removed from the building. Goods or equipment left on site will be removed and disposed off as the Council deems fit and the Council and its Officers will not be held liable for any cost relating to the loss of the equipment but the Hirer may be held liable for any cost incurred by the Council for the disposal of the equipment.
13.8 During the period of the hire neither the hirer nor their attendees may interfere with or allow.
During the Period of the Hiring the Hirer is to be responsible for the efficient:
14.1 Supervision of the Centre including the effective control of children.
14.2 The orderly and safe admission and departure of persons to and from the Centre including car parking arrangements avoiding undue noise on arrival and departure especially where the Period of the Hiring finishes after 9 pm.
14.3 The orderly and safe evacuation of the Centre in case of emergency including an effective evacuation plan that is inclusive of disabled people and identifies responsible persons.
14.4 The safety of the Centre and fabric of the building.
14.5 The preservation of good order and decency in the Centre.
14.6 Ensuring that all doors giving egress from the Centre are left unfastened and unobstructed and immediately available for exit.
14.7 Hirer's delivering activities or care services involving children or vulnerable adults must ensure that:
14.7.1 No staff and volunteers have convictions or other entries revealed on a Disclosure & Barring Service check which gives rise to concerns about their suitability to come into contact with children or vulnerable adults (evidence of the Disclosure & Barring Service check of staff and volunteers to be supplied to the Council when requested)
14.7.2 All staff and volunteers comply with the Council's Child Protection Policy (Copy on request)
14.7.3 The service has appropriate Ofsted clearance and approval
14.7.4 Evidence of DBS checks or a suitable 'Safeguarding Policy' has been shown to the Council prior to any activity of hire period.
14.8 The Hirer must provide an adequate number of competent stewards/attendants to ensure that they can meet all of the above requirements and in the case of children's groups, activities or party hire where the majority of those attending will be under eighteen years of age, the Hirer must ensure that there is a constant ratio of:
- 1 adult per 8 children of 5 years and under
- 1 adult per 10 children over 5 years of age
Failure to ensure the correct ratio will render the Agreement invalid and the Council will terminate the use of the Centre by the Hirer immediately without incurring liability for any loss or inconvenience caused as a result of the cancellation.
14.9 Any accident or incident occurring at the Centre must be recorded using an accident report form kept in the Health & Safety Cupboard located in the kitchen. The completed accident form must be left with a member of staff.
14.10 Only the Hirer is allowed into storage areas with exception to Chorley Council Staff and Contractors working within Community Centres for the purpose of maintenance repairs and day to day duties.
15.1 The Hirer will ensure they hold adequate public liability insurance for the duration of the Period of the Hiring effected with a reputable insurance company or with underwriters at Lloyds and at the request of the Council will produce to the Council evidence of such policy.
15.2 The Council will not be liable for the death or injury to any person attending the Centre for the Purpose of the Hiring or for any losses claims demands actions proceedings damages costs or expenses or other liability incurred by the Hirer in the exercise of the rights granted by the Agreement except where such death injury or loss is due to the negligence of the Council.
15.3 The Council will not accept responsibility or liability in respect of any damage to or loss of any goods articles or property of any kind brought into or left at the Centre either by the Hirer for his own purposes or by any other person or left or deposited with an employee of the Council.
15.4 The Hirer will indemnify the Council against all such liabilities as are mentioned in this Condition 15.
16.1 To the fullest extent permitted by law the Council shall not be liable for:
16.1.1 any loss or damage to property of the Hirer or their guests;
16.1.2 any inconvenience or loss caused to any party as a result of cancellation or termination under sections 7 and 8.
16.2 The Hirer is to take good care of and not cause any damage to the Centre or to any of the fittings equipment or other property in the Centre and save to the extent that the Council may be indemnified by insurance the Council will make good but the Hirer will pay for damage or loss caused by act or neglect by any person for whom the Hirer is responsible or associated or any person the Hirer allows to access the Centre with or without their permission.
16.3 Appropriate insurance cover should be obtained by the Hirer to indemnify the Council against claims which may be made against it in respect of loss or damage which the Council may suffer. Such insurance should also cover injury to person and loss of property.
16.4 The Hirer is recommended in advance to check that their personal insurance adequately covers the losses set out in terms 15 and 16.
17.1 No posters boards signs flags emblems advertisements artwork or any other material is to be displayed inside or outside any part of the Centre without the previous consent of the Council acting by its Officers. Any materials to be displayed externally (in windows) are subject to conditions and therefore must receive approval from the Council.
17.2 Where space for display work is allocated to groups/individuals no other individual will impose on this space or interfere with the said display.
17.3 The Council reserves the right without liability for damage incurred to remove any material which is on display without the permission of the appropriate person or becomes so dirty or torn as to be unsightly or could cause, or causes, damage to internal decoration.
17.4 The Hirer must ensure that display items are appropriately fixed to the display boards so as not to become loose or fall and trigger the security alarm and if the Hirer fails to observe and perform this condition the Council may charge to recover from the Hirer any expenses incurred in remedying any such failure including volunteer and engineer call-out charges.
17.5 No bolts, nails, tacks, screws, glue, adhesive tapes or other like objects are to be affixed into any part of the Centre. Pins may be used in supplied display boards only.
17.6 No placards fly posting or other articles are to be fixed to any internal or external part of the Centre.
17.7 No cotton wool or highly inflammable material is to be used for decoration or other purpose.
18.1 No lighting heating power or other electrical fittings or appliances in the Centre are to be altered moved or in any way or interfered with.
18.2 No additional lighting heating power or other electrical fittings or appliances are to be installed or used without consent of the Council.
18.3 Electrical equipment kept on site by the hirer will be subject to annual safety checks by a qualified electrician. Equipment deemed unsafe will be decommissioned and removed from the Centre without prior notice or compensation to the Hirer.
18.4 Hirers bringing electrical equipment into the Centre must produce evidence at no cost to the Council that the equipment has undergone a safety check by a qualified electrician. The exception to this condition is new equipment that has been purchased within the last 6 months of the start of the hire period. Evidence of purchase dates for 'new' equipment may be requested at any time by the Council. Equipment without evidence of purchase will be removed from the Centre without prior notice or compensation to the Hirer.
18.5 The use of fat fryers and high temperature cooking with oils and oil based products is strictly prohibited at all centres.
18.6 The use of pressurised cooking and craft equipment is strictly prohibited at all centres.
18.7 The use on 'hot work' as part of any craft session is strictly prohibited at all centres.
18.8 The use of smoke machines, candles, indoor bouncy castles and inflatable equipment, are not permitted in the Centre.
19.1 The Hirer must not do or permit any act matter or thing which would or might constitute a breach of any statutory requirement affecting the Centre or which would or might invalidate in whole or in part any insurance effected in respect of the Centre.
19.2 The Hirer must comply with all the conditions and regulations made in respect of the Centre by the Fire Authority (copy on request) in particular:
19.2.1 the Hirer must be aware of the positions of the fire exits and fire-fighting Equipment.
19.2.2 the Hirer must ensure that persons using the Centre during the Period of the Hiring
are aware of the fire exits and fire-fighting equipment and what to do in the event of a fire including the evacuation of disabled users
19.2.3 Fire exits and firefighting equipment should only be used for the purpose they were intended.
19.2.4 no highly flammable substances may be brought into the Centre or onto the Centre around the Centre and no combustible decorations or candles may be used in the Centre
19.2.5 no chemicals, paints, solvents or cleaning products should be brought into the Centre without prior consent of the Council representative. Any agreed items will require associated COSHH data sheets and Risk Assessments prior to authorisation.
19.2.6 gangways and fire exits must be kept clear of obstruction at all times
19.2.7 if the fire services are called out to any outbreak of fire, however slight, details of the incident must be given to the Council
19.3 In the event that the Hirer prepares serves or sells food in the Centre the Hirer must seek and comply with the advice of the Council's Environmental Health Unit in regard to food hygiene standards. This condition applies to all food types but is particularly relevant to high risk foods such as cooked and raw meat, prepared salads, quiches, prawns, fresh cream, or sandwiches containing any of the above.
19.4 Places used by the Hirer for the preparation of food should comply with food hygiene regulations and must be inspected by an Environmental Health Officer.
19.5 All individuals preparing food should have received formal food hygiene training and be able to provide evidence of this prior to confirmation of any related hire period.
19.6 Food must not be left in the Centre refrigerator or freezer after the period of hiring. Any items left in the refrigerator and freezer will be removed without prior notice or compensation.
19.7 Where there is a request to run a food business within the Centre, the Hirer should ensure they have registered with the Council's Environmental Health Team as a Food Business. The Hirer will be required to provide evidence of this registration to the Council, at least 8 weeks prior to the start of the hire period.
19.7.1 the Hirer should provide Risk Assessments tailored to the Food Business, and these Risk Assessments should run in conjunction with Food Safety guidelines, procedures, legal requirements and best practice.
19.7.2 the Hirer will be responsible for ensuring all Community Centre rooms, hirer spaces and equipment are suitable for the needs of the Food Business prior to the start of the hire period.
19.7.3 the Hirer will be responsible for ensuring all Food Safety and local cleanliness standards are maintained at the Community Centre for the full duration of the hire period.
19.7.4 the Hirer/Food Business should reach a minimum rating of 4 in line with the Food Hygiene Rating Scheme. Failure to reach or maintain this rating may result in cancellation of the hire period by the Council.
The Hirer is not to use any part of the Centre for the purposes of a film exhibition or permit any part of the Centre to be used for those purposes without the prior consent of the Council.
21.1 The Hirer must comply with all conditions of any Centre Licence issued under the Licensing Act 2003 valid for the Centre (so far as the same may be relevant to the Purpose of the Hiring) and a copy of the Centre Licence will be supplied to the Hirer on request.
21.2 The Hirer with the intention of broadcasting music is responsible for obtaining a Phonographic Performance Licence or ensuring that the broadcaster holds such a licence.
22.1 In the use of the Centre the Hirer is not to infringe any copyright or allow any copyright to be infringed.
22.2 If the use of the Centre will involve the performance of any musical or dramatic works or the delivery in public of any lecture in which copyright subsists it will be the responsibility of the Hirer to obtain prior to the Period of the Hiring the consent of the owner of the relevant copyright and to pay all composers' authors' publishers' and other fees or royalties which may be payable in respect of the function.
22.3 The Hirer must supply to the Council for approval (if requested) a copy of the programme of any entertainment to be given at the function no less than 14 days before the Period of the Hiring and must provide such evidence as the Council may require of compliance with this condition. The hirer is not absolved of this responsibility if the Council does not request this information.
23.1 The Hirer must not grant broadcasting or filming rights without prior consent of the Council.
23.2 Cameras may be brought into and used inside the Centre for private (not commercial) purposes, provided that no nuisance or annoyance is caused.
No sweepstake raffle or tombola or other form of lottery is to be permitted to take place in the Centre except a lottery:
24.1 which is lawful under the Gambling Act 2005
24.1.1 for which prior consent of the Council has been obtained and
24.1.2 which is conducted strictly in accordance with the relevant statutory provisions
25.1 No excisable liquor is to be sold unless a Centre Licence issued under the Licensing Act 2003 or Temporary Event Notice ("TEN") for the Centre is in force at such time and the Hirer must produce such TEN to the Council no less than 24 hours before the Period of the Hiring.
25.2 No liquor is to be consumed in the Centre or on Council property in the vicinity of the Centre by any individual under the age of 18.
The benefit of the Agreement is personal to the Hirer and not assignable or capable of being sub-hired.
27.1 The Council will not be liable for any loss due to any breakdown of machinery mechanisms failure of supply of electricity leakage of water fire government restriction or act of God which may cause the Centre to be temporarily closed or the Agreement to be interrupted or cancelled.
27.2 The Council give no warranty that the Centre is legally or physically fit for a specific purpose.
The Council reserve the right for duly authorised Members or Officers or contractors or employees of the Council to enter the Centre at any time for any authorised purpose.
Any problems or complaints, arising out of the use of the Centre, additional services or these terms and conditions must be made in writing to the Community Assets & Partnership Officer within three days after the Period of the Hiring and addressed to Community Assets & Partnership Officer, Health & Wellbeing, Chorley Council, Union St, Chorley, PR7 1AL.
The Council may appoint any Officer to act on its behalf and any references to any approval discretion consent or requirement mentioned in these Standard Conditions are deemed to refer to the discretion consent or requirement of that Member. If Hirers are required to produce any information for the Council they must produce it to that Officer.
All notices demands or requests by either party to the other shall be in writing and must be delivered to the address of the Hirer specified in the Agreement or in the case of a notice demand or request by the Council at People and Places Directorate, Chorley Council, Union St, Chorley, PR7 1AL.
32.1 Hirers may be asked to provide personal data and/or other information and the Council will hold and process that information in accordance with the provisions of the General Data Protection Regulations 2018 (GDPR), Data Protection Act 1998 and/or the Freedom of Information Act 2000.
32.2 Under normal circumstances personal data which the Council collects will only be used for the purpose(s) for which it was collected. However, the Hirer notes that the Council will share personal data with a third party where the Council has a legal obligation to disclose it or where it enables the Council to collect unpaid hire fees.
33.1 Should any dispute arise between the Council and the Hirer with reference to these terms and conditions and/or the booking form and/or as to any act or thing to be done in pursuance thereof arising out of anything in respect of this, whether during the continuance of the hire or upon the determination of the hire by effluxion of time or by any act of either party or otherwise, then the Hirer must follow the complaints procedure as per clause 29.
33.2 Should the dispute fail to resolve then it shall be referred to a single arbitrator to be appointed in the case of difference by the President for the time being of the Institute of Arbitrators at the instance of the party first applying to him and this shall be deemed to be an arbitration agreement within the provisions of the Arbitration Act 1996 which shall continue in force notwithstanding the termination or cancellation or repudiation by either party.
34.1 If by reason of force majeure, fire, tempest, explosion of any kind, failure or neglect on the part of any utility supplying electricity, gas or water, labour strife, civil commotion, war (or threat thereof), act or threatened act of terrorism, fire or explosion or any other event beyond the control of the Council other than a shortage of money or shortage of materials the Council is or anticipates that it will be prevented or hindered from fulfilling the substance of its obligations under this Agreement then the Council shall forthwith ensure that the Hirer is aware of the occurrence of any such event and the Council shall be entitled at any time thereafter, so long as such cause still subsists, to cancel or suspend this Agreement by notice in writing to the Hirer.
34.2 In the event of cancellation or suspension pursuant to clause 34.1 above the Council shall be under no liability to the Hirer or its sub-hirers for any loss which they may sustain in consequence of any such cancellation or suspension. The Hirer shall in the event of cancellation be under no liability to the Council in respect of its future obligations under this Agreement and in the event of suspension shall be relieved of such obligations under this Agreement for the period of such suspension (but without prejudice to any rights of either party against the other in respect of any claim accrued under this Agreement down to the date of commencement of such cancellation or suspension).
34.3 In the event of cancellation or suspension of part or parts of the Council's obligations as aforesaid, the Council shall repay to the Hirer that part of the Fee in respect of any period or periods affected by such cancellation or suspension apportioned on a basis which shall fairly and reasonably be attributable to the part or parts of the Council's obligations so suspended.
34.4 Notwithstanding this clause 34, the Council may also suspend, control or cancel the Event in
the circumstances specified in 34.5 and any such circumstances shall be regarded as being matters outside the control of the Council for the purposes of this clause 34
34.5 Where, in the reasonable opinion of the Council, any situation or action or event occurring during the Hiring Period is a breach on the part of the Hirer of the terms of this Agreement or may constitute a danger to public safety including the safety of the persons present at the Event, the right to suspend or control in such manner and to such extent as the Council may consider necessary any such situation, action or event.
The agreement to the terms and conditions shall be governed by and construed in all respects in accordance with the laws of England.
36. Definitions and Interpretation
36.1 Terms defined in the booking form to which these Standard Conditions are annexed have the same respective meanings in these Standard Conditions.
36.2 Words importing one gender shall be construed as importing any other gender.
36.3 Words importing the singular shall be construed as importing the plural and vice versa.
36.4 References to persons include bodies corporate.
36.5 Any undertaking by the Hirer not to do an act or thing shall be deemed to include an obligation not to permit or suffer such an act or thing to be done by another person.
36.6 References to 'the Centre' save where the context otherwise requires include the ancillary areas that the Hirer is permitted to use pursuant to Condition 5.
36.7 References to an adult mean a person over the age of eighteen unless otherwise specified in the Special Conditions (if any).
36.8 The headings do not form part of these Standard Conditions and shall not be taken into account in their construction or interpretation.
36.9 Any reference to a specific statute includes any statutory extension or modification amendment or re-enactment of such statute and any regulations or orders made under such statute and any general reference to 'statute' includes any regulations or orders made under such statute or statutes.