In this Agreement:
1.1 "Hire Conditions" shall mean the conditions of hire, which form part of the Contract between the Council and the Hirer.
1.2 "the Council " shall mean Chorley Borough Council of Town Hall Chorley Lancashire PR7 1DP
1.3 "the event " means the purpose for which the Venue has been booked.
1.4 "the Hirer" shall mean the individual, the Company or the representative of the organisation booking the function whom pays any fees due under Clause 2 below.
1.5 "The Hiring" shall mean the hire of the venue by the Hirer.
1.6 "the Premises" shall mean the Lancastrian at the Town Hall Market Street Chorley Lancashire
1.7 "the Building" shall mean the Town Hall Market Street Chorley Lancashire.
1.8 "Booking" means all applications for the hire of the venue which has been accepted by the Council and which is subject to the Hire Conditions
1.9 "the Hire Charge" means the full hire charge of the room.
1.10 "Hiring Period" shall mean the function to be held between the times that you have declared on the booking form. This refers to the start and end times of the period of hire not of the function.
1.11 "Election" means any parliamentary, European or Council election where voting takes place within the Council district.
1.12 Words importing one gender shall be construed as importing any other gender
1.13 Words importing the singular shall be construed as importing the plural and vice versa
1.14 References to persons shall include bodies corporate
1.15 The Clause headings do not form part of this Agreement and shall not be taken into account in its constructions or interpretation.
1.16 Any undertaking by the hirer not to do an act or thing shall be deemed to include an obligation to use reasonable endeavours not to permit or suffer such an act or thing to be done by another person (where the Hirer) is aware that such an act or thing is being done.
2.1 If the booking is made within 3 months of the event taking place, the full hire charge shall be paid to the Council immediately on receipt of the invoice. Any additional charges will be invoiced after the function and payment must be made within 14 days of receipt of the invoice.
2.2 If the booking is made for an event which is more than 3 months away, then a 25% non refundable deposit is payable immediately to secure the booking. The remaining 75% must be paid no later than 8 weeks before the event.
2.3 Please note that non payment of invoices for hire charges prior to the event taking place may result in the hire agreement being cancelled. Deposits for room hire are non refundable.
3.1 Subject to the terms and conditions set out herein the Council gives the Hirer the right (in common with the Council and all others authorised by the Council so far as is not inconsistent with the right given) for the Hirer and its employees agents and all persons authorised by it to use the Premises and the furniture and equipment in the Premises for the Hire Period for the event. This includes the right to use the stairway to the room and the toilet facilities.
4.1 The Council reserves the right to refuse any application for the hiring of the Premises without being required to give any reason for such refusal.
4.2 The Council will not accept applications for Hire of the Premises from any person(s) under the age of 21, this includes refusing bookings for 18th Birthday Parties.
4.3 The Council reserves the right to cancel a booking if the Hiring Period falls 14 or fewer days before or four days after an election or such extraordinary or special purposes as the Council thinks fit. If so the Council will refund the Hire Charge (if paid) but the Council will not be responsible for any other loss damage expense or liability that the Hirer may incur.
4.4 The Council reserves the right to withdraw permission to use the Premises and will repay any hire charge (if paid) on cancelling a hiring. However the Council shall be under no liability for expenses incurred or loss sustained by the Hirer as a result of the cancellation.
4.5 Cancellation by the Hirer of a booking shall be made in writing. Where a cancellation is made at least five weeks before a function, the Council will refund of 80% of the balance paid. If the cancellation is made less than five weeks before the event, the Council will retain the payment in full.
4.6 Hirers who do not take up their commitment for any reason or fail to notify the Council in writing of the cancellation shall forfeit any hire charge (if paid) and shall be liable to the Council for the whole of the Hire Charge together with any additional expenses incurred by the Council.
4.7 Substitution and amendments to the nature of the booking shall be notified to the Council in writing and the Council reserves the right either to cancel the booking or amend the Hire Charge in accordance with the agreed Hire Charges.
4.8 The Council accepts no responsibility for the non- arrival of application forms remittances or cancellations.
5.1 The Council shall have the right to cancel any booking forthwith in the event that the event is affected by an emergency of any kind. The Council will consider refunding in part of full any fees and charges paid and the amount shall be at the Council's sole discretion.
THE LANCASTRIAN AND TOWN HALL IS A STRICTLY NO SMOKING VENUE.
6.1 The Premises shall not be used for any other purpose other than for the event. The council reserves the right to withdraw its approval forthwith should an unauthorised use be taking place and in such circumstances the Council shall require the Hirer and all other persons and property in the premises or any part thereof to vacate immediately.
6.2 The Hirer shall neither sublet or permit any other person or organisation who is not a party to this Agreement to use the Premises or any part thereof without the prior written consent of the Council. If the Council gives consent the second party must complete a further application form and pay a Hire Charge, which shall be at the discretion of the Council. Any cancellation by the Hirer will be treated in accordance with Clause 4.
6.3 Should the Hirer fail to comply with the above procedure the Hiring will stand cancelled and the Hire Charge will be forfeited and the Hirer and Sub- Hirer excluded from the premises.
6.4 The Council will provide an Attendant Service to ensure that the accommodation is available at the due time and that the premises are secured after the function. The Attendants prime duties are to ensure the safety of participants /guests and the security of the premises. The Attendant (s) has full and absolute authority to override the rules in taking such action, as he/she considers appropriate to remove or reduce such risks. The Attendant will not assist the supervision or running of the function.
6.5 The Hirer is responsible for ensuring the adequate administration, organisation and supervision of the event and that these conditions are complied with at all times. Any difficulties arising out of the running of the event are to be dealt with by the Hirer without recourse to any Attendant who will only intervene if the situation presents a danger to the safety of the participants and guests or the security of the premises. In this circumstance the Attendant will assume absolute control and/or summon emergency services for assistance. In the event of fire alarms sounding the Attendant will assume absolute control and will require the assistance of the Hirer (and any persons carrying out a security activity as defined by the Private Security Industry Act 2001) to evacuate the function room. A copy of the Fire Evacuation Procedure is attached to this Agreement.
7.1 The Council will set out the accommodation to the Hirer's requirements. The Hirer must complete the room layout form included in the booking form. Failure to complete a room layout will result in the standard layout being provided which may not necessarily meet the Hirer's requirements.
The sale or consumption of alcoholic drinks is strictly prohibited unless the bar facility has been hired at the time of booking. The opening hours of the bar are as follows:
Monday to Saturday: 1.00am till 12.30am
Sunday: 11.00am till 12 midnight
New Years Eve: on enquiry
8.1 Only alcoholic drinks purchased from the bar may be consumed on the premises. Any breach of this provision will enable the Council to terminate the Hiring in accordance with paragraph 21.1.
8.2 If the bar is required for disco/dance functions (which are not by invitation) an age policy of not less than 18 must be imposed and must be shown on all tickets. The Council supports the Challenge 25 Scheme and encourages all Hirers to comply with its requirements.
8.3 The Hirer will undertake with the Council strictly to observe and perform all statutory provisions imposed by the Licensing Authority or other statutory bodies and conform to the conditions of all Licences held by the Council and its caterers and to indemnity the Council and its staff from all costs and claims, actions and proceedings which they may incur as a result of any breach in complying with any such conditions.
9.1 Food preparation facilities in the Premises are available at the rear of the stage for basic preparation, tea-making facilities, with the provision of a small fridge. The basement food preparation room provides warming ovens. Crockery (maximum 250 cups/saucers), teapots, sugar bowls, milk jugs are available on request. The Hirer shall be responsible for the washing and clearing away these items. Tea towels detergents etc are not provided by the Council. Should any of these items be damaged or left in an unsatisfactory condition, which would offend the next user, a charge of £50.00 will be invoiced to the Hirer.
9.2 The Hirer shall ensure that all rubbish including waste food is removed from the Premises and placed into appropriate refuse receptacles. Failure to do so will result in a charge of £80.00 being invoiced to the Hirer.
9.3 If the function includes the provision of food for guests, then food must be provided by a caterer, who complies with the provisions of the Food Safety Act 1990, Food Hygiene (England) Regulations 2013, and Regulation (EC) No 852/2004. To this end, the caterer must be registered with their local Authority, and should be rated at least 3, in the National Food Hygiene Rating Scheme.
9.4 Tablecloths are available to hire for a small charge.
10.1 The Cloakroom is only available to hire with Attendant Service
10.2 If the cloakroom is required during a function, the Council will not be held responsible for any loss or damage to personal belongings. The responsibility will be the Hirers.
11.1 Posters/publicity may be displayed in the Council offices subject to arrangement with the Democratic Services Manager.
11.2 The Council will not permit any flag, emblem, or other decoration to be displayed inside the Premises unless prior written approval has been obtained from the Democratic Services Manager.
11.3 The Hirer shall not be permitted to remove or obscure Council notices displayed at the Premises without the prior written consent of the Council.
12.1 All Hirers are required to supply numbered tickets for the Event except invitation only events. In both cases the number of tickets or invitations issued must not exceed the maximum number shown on the booking form.
12.2 If the hiring is for a public dance, each ticket, poster or advertisement issued by the Hirer shall state that no person shall be admitted or re-admitted to the Premises after 23.00 hours. Tickets will be limited to the number of persons licensed to attend as stated at Clause 18 hereof.
13.1 The Hirer shall indemnify the Council against any infringement of copyright, which may occur during the Hiring.
13.2 The Council holds the licence of the Performing Rights Society Limited to perform or permit to be performed at the Premises any and every musical work for the time being in the repertoire of the Society and the Foreign Societies for the time being affiliated thereto. The Council will furnish the Hirer with the requisite forms and it is the responsibility of the Hirer to furnish the Performing Rights Society Limited, a list of all music performed and all songs sung at the Venue on the occasion of the Hiring with the names of the author, composer, arranger and publisher of each such subscription, and the number of times each has been performed.
13.3 The Hirer is responsible to pay and discharge any tax or royalties chargeable and to indemnify and keep indemnified the Council in respect thereof and for all penalties arising in connection with the same.
13.4 If the Hirer fails to complete and deliver the said forms as set out in Clause 13.2 above the Council may cancel any other Hiring in the Premises that the Hirer may at any time have made without incurring any liability whatsoever. In such event the Council will return the Hire Charge to the Hirer (if paid) less 40% and such sum will represent liquidated damages on behalf of the Council for loss of bookings for the Premises.
14.1 The Hirer may not carry out or allow or permit to be carried out any photography, filming, video recording, taping television, or radio broadcasts or any other recording of any kind at the Event for commercial use during the Hiring without the prior consent of the Council. If such consent is given, the Council reserves the right to be a party to any negotiations and the terms and conditions of any agreements reached and to share any income or publicity derived from it.
14.2 The Hirer shall make his/ her own arrangements for complying with the requirements of the Postmaster General with respect to television, wireless or other telegraphic or telephone apparatus.
15.1 No advertising material may be issued nor tickets sold until such time as a booking has been confirmed by the Council.
15.2 Any contravention of the Town and Country Planning (Control of Advertisements) Regulations 1992 or any amendments or variations thereto, whether or not a prosecution is taken in respect of it, may be deemed a reason for the cancellation of a hiring or a series of hiring without any liability to the Council and without payment of any compensation to the Hirer who will remain responsible for paying the full cost of the Hiring. In addition, if there is a contravention of the above Regulations howsoever, wheresoever and by whomsoever caused, permitted or made, then the Hirer shall reimburse the Council the cost of removing any such unauthorised or illicit advertisements or advertising material.
16.1 No advertising material shall be displayed anywhere on the Premises or elsewhere within the Borough unless it conforms to the permitted displays authorised by the Town and Country Planning (Control of Advertisements) Regulations 1992.
17.1 The transmission of oral or visual reproduction of anything, which is taking place in the Premises or of any commentary thereon by any persons, is prohibited except with the consent of the Council.
18.1 The Hirer shall ensure that the maximum number permitted to attend any particular type of Hiring at the Premises is not exceeded. The maximum number of persons to be admitted to the Premises is to be agreed with the Council on booking, subject to the room layout and usage inclusive of performers and staff.
19.1 The Hirer is responsible at certain functions, for the provision of registered door supervisors. Any person carrying out a security activity as defined by the Private Security Industry Act 2001 must be registered with the Security Industry Authority. As an indication the Council would normally require for disco type functions one door supervisor per 50 attendees. In cases of events requiring the bar after midnight door supervisors should be required at the discretion of the Democratic Services Manager.
20.1 If the Premises is being hired for the purpose of regulated entertainment for children, the Hirer shall arrange for sufficient numbers of properly trained adults to control and supervise events. Where more than 100 children are present, the ratio is one adult to ten children. Advice will be given dependant on the age of the children and numbers. The children must be supervised at all times.
21.1 The Hirer shall be responsible for good order and conduct during the Hiring. The Council reserves the right to refuse admission to any person or to remove any person from the Premises. The Council may engage any Police Constable or other suitable person (s) necessary to control the conduct of patrons and charge the cost to the Hirer. The Council may immediately terminate the Hiring if the general conduct of patrons is unsatisfactory. In such an event no compensation will be payable by the Council to the Hirer or any other third party for termination of the Hiring.
22.1 No article, piece of equipment or apparatus to be used in connection with the Hiring shall be brought into the Premises without the consent of the Council. The Council may remove from the Premises any such article, piece of equipment or apparatus which has been brought in without consent and if any damage has been caused to the Premises or its fixtures and fittings by bringing in the same, the Council may terminate the Hiring forthwith.
23.1 The Hirer shall be responsible for ensuring that no damage is caused to the Premises or the Building or any fixtures or fittings therein. In particular the Hirer shall ensure that no equipment or materials are dragged across the floor of the Premises: no nails, hooks, screws etc, are driven into the fabric of the Premises, and no paste, gum or other adhesive is used to affix poster or other paper, and/or materials, to the fabric of the Premises and or Building. The Council reserves the right to remove from the Premises any person seen causing damage to the Premises.
23.2 A deposit for possible damage to the Premises may be demanded by the Council that is returnable subject to the satisfaction of the Council.
24.1 The Hirer shall inform the Democratic Services Manager as to any electrical equipment and lighting intended to be brought to the Premises for the Event. Certificates of Portable Appliance Testing must be submitted with the booking form.
24.2 No electrical or other fittings or appliances including the lighting system in the Premises shall be altered or removed or in any way interfered with, or additional fittings or appliances installed without the approval of the Council. Any approved alterations shall be at the expense of the Hirer.
24.3 The Hirer must comply with the instructions given by the Democratic Services Manager as to the weight, volume and distribution of any sound amplification or other equipment, which it is proposed to be used. The Council reserves the right to approve/inspect/ test/ installs any equipment for which a fee may be charged.
24.4 Use of any electrical supply on stage or elsewhere in the Premises, other than 13 amp sockets must be with the approval of the Democratic Services Manager and/or any other person approved by the Council.
24.5 The Hirer should be aware of his/her responsibilities under the Electricity At Work Regulations 1989 particularly the requirement for periodic examination to ensure electrical safety. Attention is drawn to the H.S.E publication "Electrical Safety for Entertainers".
24.6 The Council reserves the right to prohibit connection and use of equipment/lighting which is considered to present a risk of damage to the Premises or safety of participants /guests and also any equipment/lighting not previously notified as set out above.
25.1 The use of portable petroleum Gas (LPG) canisters is strictly prohibited.
25.2 No real or artificial smoke, vapour or similar emissions shall be permitted to be produced on the premises.
25.3 The Hirer shall not bring into the Premises any article of an inflammable or explosive character or that produces an offensive smells, or CFC or any oil, or other apparatus without the written approval of the Council.
25.4 The Hirer shall obtain approval form the Council for the use of generators at the Event. If such approval is granted the Hirer shall ensure that any generators permitted at the Event are operated in a safe manner and are segregated from the public or are protected by suitable covers or barrier to prevent access by members of the public.
25.5 The Hirer shall repay to the Council on demand the cost, as certified by the Democratic Services Manager of reinstating, repairing, or replacing or cleansing any part of or property in the Premises if damaged, destroyed, stolen, or removed prior to, during, or subsequent to the period of Hire if related to or by reason of the hiring. The Council's valuation of any damage or loss is final.
25.6 The Hirer shall not do or allow to be done anything that:
25.6.1 may injure the reputation of the Premises or the Council.
25.6.2 is against the law (including, but not limited to, use of illegal drugs or consumption of alcohol)
25.6.3 may make it more difficult or expensive for the Council to get, keep, or renew any licence that the Council requires for the Venue or any insurance cover for the Building.
25.6 The Council may close the main doors for entrance to the Premises at 23.00 hours to prevent uninvited guests entering the event.
26.1 Work carried out at the Premises before (setting up) during or after (dismantling) an Event must be undertaken by participants/ contractors (including artistes) in accordance with the requirements of safety legislation.
26.2 The Hirer shall take all reasonable care to ensure the health and safety of all persons involved or attending the Premises for the purpose for which it was booked and observe any requirement placed upon them under the relevant Health and Safety Legislation and Regulations.
26.3 The Hirer shall familiarise themselves with the locations of emergency exits prior to the Event; in particular the Safe Evacuation Procedure attached hereto. Fire doors must not be wedged open at any time.
26.4 Emergency equipment (e.g. fire extinguishers) must be fully accessible at all times and only used for the purpose intended. The costs incurred to replace damaged, lost or stolen emergency equipment will be recharged to the Hirer.
26.5 The Hirer shall keep all passages and staircases within the Premises free from any obstruction.
26.6 The Hirer shall ensure that cables of machinery, electrical appliances, telephones etc, must not be allowed to trail on floors where they are likely to cause a trip hazard.
26.7 The Hirer shall report any dangerous conditions to the Democratic Services Manager or an Attendant on duty at the event.
26.8 Accidents must be reported to the Democratic Services Manager and/or an Attendant on duty at the event, for the appropriate entry to be made in the Accident Book no matter how small.
27.1 The Hirer shall ensure that the Venue is vacated by patrons of the Hiring and that all furniture, decorations, articles and equipment brought in by the Hirer are removed by the expiry of the Hiring Period.
27.2 The Council may remove and store any property left by the Hirer in or upon the Premises after the Period of Hiring. The Hirer shall pay to the Council on demand the cost of such removal and storage.
27.3 The Council shall not be held responsible for any damage to or theft of property by or during its removal or storage. The Council is entitled to remove and sell in such a manner as it thinks fit any property left at the Premises as a result of the Hiring not claimed within 28 days. The proceeds of sale shall be the Council's.
27.4 The Hirer shall leave the Premises in a good condition, in particular clean and tidy in all respects. If in the opinion of the Democratic Services Manager, the Hirer has caused excessive amounts of litter in or around the Premises, or the Building or the Premises are left in an unsatisfactory condition, the Hirer shall pay to the Council cost of £80, or in circumstances where the cost involved in cleaning the room is greater than this the Hirer must pay the higher amount.
27.5 Unless the Hirer shall show before the commencement of the Hiring that any property of the Council is damaged, all property on the Premises shall be deemed to have been undamaged at that the time.
27.6 If any function extends beyond the Hiring Period the Hirer shall pay to the Council on demand for such use, in accordance with the Scale of Charges. The Council or it's staff reserves the right to insist that a function commences and terminates at the times stated by the Hirer on the application form.
27.7 The Democratic Services Manager and/or Attendant reserve the right to retain equipment or articles that have been involved in an accident at the Venue.
28.1 The Hirer shall not hold or permit to be held in the Premises any collections games of chance, sweep stakes, lotteries or gaming of any sort except with the permission of the Council and in the event of such permission being given the Hirer shall be responsible for complying with all relevant legislation including the obtaining of any necessary consents or licences.
29.1 Events involving any element of hypnotism are not permitted.
30.1 The right of entry to the Premises is reserved for any officer of the Council, any Police Officer or Fire Officer on duty at the time of the Event.
31.1 The Council shall not be responsible and will not accept liability for any loss, damage, injury or death to any person to any person or property arising out of the Hiring or for any loss, damage, injury or death which may be incurred by or done or happen to the Hirer or any person or persons resorting to the Premises during the Hiring from any cause whatsoever, except due to the extent that the same is due to any act or neglect of the Council, its employees, or any person for whom it is responsible.
31.2 The Council shall not be responsible for any loss due to breakdown of machinery, failure of supply of electricity, leakage of water, fire, Government restriction or Act of God, which may cause the Premises to be temporarily closed or the Hiring to be interrupted or cancelled.
31.3 The Hirer shall be liable for and shall indemnify the Council against all claims, actions, demands, proceedings, cost or awards in respect of any loss, damage, injury or death to persons engaged by or assisting the Hirer.
31.4 The Hirer agrees to take out Public Liability Insurance Cover for a minimum of two million pounds (£2,000.000) and produce evidence of such insurance cover to the Council. Without prejudice to his liability to indemnify the Council the Hirer shall take out and maintain and shall cause any sub- contractor to take out and maintain sufficient insurance cover in respect of risks to third parties and for injury to its employees required by the Employers Liability (Compulsory Insurance) Act 1969.
31.5 Failure to provide proof of insurance cover as required prior to the Event will lead to its cancellation.
32.1 Any complaints in respect of the Hiring of the Premises must be made to the Democratic Services Manager within 24 hours of the end of the Hiring.
33.1 The Council may without Notice terminate the Hiring and effect immediate vacation of the Premises if:
33.2 The Hirer breaches any of the terms and conditions contained herein
33.2.1 It appears to the Council that the Hirer has made a material omission or mis-statement in the Application Form or that the Hiring would result in loss or damage to the Premises or in the Building or in public order.
33.2.2 If the Hire Charge or any other sum payable under this Agreement is not paid by the date upon which it is due.
34.1 The Hirer shall not allow the performance of any material, which would be offensive to any section of the community. This includes, but is not limited to, any material, which is offensive by reference to a derogatory reference to any gender or any racial or religious group or the supposed characteristics of members of such group.
34.2 The Council may immediately terminate /cancel the Hiring if the Council believes, on reasonable grounds, that a performance to be given during the function is likely to include material of the kind referred to in 34.1 above.
34.3 The Council, if it terminates/cancels that Hiring in these circumstances, will return the Hire Charge paid within 14 days of the termination/cancellation save that it may retain up to 20% of the Hire Charge to cover administrative expenses.
35.1 The Council reserves the right to vary the conditions at any time on seven days notice. Any variations so made shall be deemed to be incorporated in these Conditions. The Hirer may within seven days of receipt of such Notice, terminate this Agreement.
On hearing the fire alarm: