Booking Agreement

Between "Chulmleigh Town Hall Committee (registered charity number 300792)" and "the Hirer":

By booking a space in Chulmleigh Town Hall, you are agreeing to abide by the following terms:

  • The Town Hall reserves the right to cancel your booking on safety, reputation, licensing, or legal grounds, with no notice. Additionally, bookings may be cancelled (and refunded) or altered under the following circumstances:
    • The premises being required for use as a Polling Station for a Parliamentary or Local   Government election or by-election.
    • The premises becoming unfit for the use intended by the Hirer
    • 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.

 

  • You are entitled to cancel your booking with the following caveats:
    • Cancellations made with 1 week notice will receive a full refund.
    • Cancellations made with less than 1 week but more than 24 hours notice will receive a 50% refund.
    • Cancellations made with less than 24 hours notice will not receive a refund.

 

  • The Town Hall's spaces are to be returned to the state they are found in, with tables in the Lower Hall returned to the state as shown in the photograph on display in the Lower Hall.

 

  • All damage must be reported as soon as possible..
    • Damage caused by misuse may incur an additional cost to cover the repair or replacement. Please see Insurance and Indemnity bullet point below.

 

  • Bookings are made on a 'first come, first served' basis. Bookings forms received first will receive booking priority.

 

 

  • Where a licensable activity will take place, the Hirer acknowledges their responsibilities to comply with the requirements of the Licensing Act 2003 as set out in the written authorisation and the information in this hire agreement and agrees to comply with all obligations therein.
    • The Chulmleigh Town Hall Committee has a licence with the Performing Right Society for the performance of copyright music and a licence with Phonographic Performance Limited for the public performance and broadcasting of sound recordings.
    • The Hirer agrees with the Chulmleigh Town Hall Committee to be present (by its authorised representative, if appropriate) during the hiring and to comply fully with this Hire Agreement. 
    • It is hereby agreed that the Standard Conditions of Hire together with any additional conditions imposed under the Premises Licence (below) or that Chulmleigh Town Hall Committee deem necessary shall form part of the terms of this Hiring Agreement unless specifically excluded by agreement in writing between the Chulmleigh Town Hall and the Hirer.
    • 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.

 

  • The Town Hall spaces have the following capacities, the Hirer agrees not to exceed the maximum permitted number of people per room - including performers:
    • Lower Hall - Seated 40 - Total capacity 60
    • Upper Hall - Seated 70 - Total capacity 90
    • Snug & Bar - Seated 20 - Total capacity 30

 

  • Chulmleigh Town Hall Committee has a Premises Licence authorising the following regulated Entertainment and Licensable activities at the times indicated in the Standard Conditions of Hire. Each activity is permitted between 9 am and midnight, Monday to Sunday, also from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s’ Day. Please indicate which activities will take place at your event when completing the booking form:
    • The performance of plays
    • The exhibition of films
    • Indoor sporting events
    • Boxing or wrestling entertainment
    • The performance of live music
    • The playing of recorded music
    • The performance of dance
    • Making music
    • Dancing
    • Entertainment similar to those above
    • The sale by retail of alcohol for consumption on the premises only
    • The provision of hot food /drink after 11 pm

 

  • These standard conditions apply to all hiring of Chulmleigh Town Hall. If the Hirer is in any doubt as to the meaning of the following, the Secretary or Booking Clerk should immediately be consulted:
    • Age - The Hirer, not being a person under 18 years of age, hereby accepts responsibility for overseeing and be on the premises at all times when the public are present and for ensuring that all conditions, under this Agreement, relating to management and supervision of the premises are met.
    • Supervision - The Hirer shall, during the period of the hiring, be responsible for: supervision of the premises, the fabric and the contents; their care, safety from damage however slight or change of any sort; and 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 the Secretary, the Hirer shall 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.
    • Use of premises - The Hirer shall not use the premises for any purpose other than that described in the Hiring Agreement and shall not sub-hire or use the premises or allow the premises to be used for any unlawful purpose or in any unlawful way nor do anything or bring onto the premises anything which may endanger the same or render invalid any insurance policies in respect thereof nor allow the consumption of alcohol thereon without written permission.
    • Gaming, betting and lotteries - The Hirer shall ensure that nothing is done on or in relation to the premises in contravention of the law relating to gaming, betting and lotteries.
       

 

  • Alcohol Licence - Written permission from the Town Hall Committee is required before making use of the authorisation can be granted for the sale and consumption of alcohol on the premises. The authorisation is issued by the Premises License holder as issued by North Devon District Council on the 18th May 2010.
    • This authority is subject to each and every sale being made with due regard to 
         the objectives of the Licensing Act 2003 as follows:
      • The Prevention of crime and disorder
      • Public Safety
      • The prevention of public nuisance
      • The protection of children
      • Plastic glasses only to be used provided by the Town Hall.  No alcohol to be taken outside the building.  All bottles must be decanted into plastic jugs/cups provided.
      • There must be no sale to, or consumption by persons under the age of 18 years.  If a person appears to be under the age of 21 years then proof of age is required.  This must be photographic identification such as a driving licence, passport or proof of age card from a recognised organisation.
         

 

  • Public safety compliance - The Hirer shall comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, and the hall’s Fire Risk Assessment or otherwise, particularly in connection with any event which constitutes regulated entertainment, at which alcohol is sold or provided or which is attended by children.  The hirer shall also comply with the hall’s health and safety policy displayed on the notice board.

 

  • The Hirer acknowledges that they 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.
    • The location and use of fire equipment.
    • Escape routes and the need to keep them clear.
    • Method of operation of escape door fastenings.
    • Appreciation of the importance of any fire doors and of closing all fire doors at the time of a fire.

 

  • In advance of an entertainment or play the Hirer shall check the following items:
    • That all escape routes are free of obstruction and can be safely used.
    • That any of the fire doors are not wedged open.
    • That exit signs are illuminated.
    • That there are no obvious fire hazards on premises

 

  • Means of escape - All means of exit from the premises must be kept free from obstruction and immediately available for instant free public exit.  All hirers must read the premises fire emergency plan!
    • The emergency lighting supply illuminating all exit signs and routes is operated by an automatic mains failure-switching device.

 

  • Outbreaks of fire - The Fire Brigade shall be called to any outbreak of fire, however slight, and details thereof shall be given to the Secretary of Chulmleigh Town Hall Committee.

 

  • Health and hygiene - The Hirer shall, 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.

 

  • Electrical appliance safety- The Hirer shall ensure that any electrical appliances brought by them to the premises and used there shall be safe, in good working order, and used in a safe manner in accordance with the Electricity at Work Regulations 1989. All electrical items brought onto the premises are at the hirer’s own risk. Where a residual circuit breaker is provided the hirer must make use of it in the interests of public safety.

 

  • Insurance and indemnity
    • The Hirer shall be liable for:
      • The cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including the cartilage thereof or the contents of the premises
      • All claims, losses, damages and costs made against or incurred by the Chulmleigh Town Hall Committee, their employees, volunteers, agents, or invitees in respect of damage or loss of property or injury to persons arising as a result of the use of the premises (including the storage of equipment) by the Hirer.
      • All claims, losses, damages and costs made against or incurred by the Chulmleigh Town Hall committee, their employees, volunteers, agents or invitees as a result of any nuisance caused to a third party as a result of the use of the premises by the Hirer, and subject to below, the Hirer shall indemnify and keep indemnified accordingly each member of the Chulmleigh Town Hall Committee and the Chulmleigh Town Hall employees, volunteers, agents and invitees against such liabilities.
    • Chulmleigh Town Hall:
      • Shall take out adequate insurance to ensure the liabilities described above and may, in its discretion and in the case of non-commercial hirers, insure the liabilities described above.  Chulmleigh Town hall claim on its insurance for any liability of the Hirer here under, but the Hirer shall indemnify and keep indemnified each member of the Chulmleigh Town Hall Committee and the Chulmleigh Town Hall employees, volunteers, agents and invitees against (a) any insurance excess incurred and (b) the difference between the amount of the liability and the monies received under the insurance policy.
      • Chulmleigh Town Hall is insured against any claims arising out of its own negligence.

 

  • Accidents and dangerous occurrences - The Hirer must report all accidents involving injury to the public to a member of the Chulmleigh Town Hall Committee as soon as possible and complete the relevant section in the Chulmleigh Town Hall accident book.  Any failure of equipment belonging to the Chulmleigh Town Hall or brought in by the Hirer must also be reported as soon as possible.  Certain types of accident or injury must be reported on a special form to the local authority.  The Hall Secretary will give assistance in completing this form.  This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

 

  • Explosives and flammable substances - The hirer shall ensure that:
    • Highly flammable substances are not brought into, or used in any part of the premises and that
    • No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) shall be erected without the consent of the Chulmleigh Town Hall Committee.  No decorations are to be put up near light fittings or heaters or fixed to the walls without prior approval from the Booking Secretary.

 

  • Heating - The Hirer shall ensure that no unauthorised heating appliances shall be used on the premises when open to the public, without the consent of the Chulmleigh Town Hall Committee. Portable Liquefied Propane Gas (LPG) heating appliances shall not be used.

 

  • Drunk and disorderly behaviour and supply of illegal drugs - The Hirer shall ensure that in order to avoid disturbing neighbours to the hall and avoid violent or criminal behaviour; care shall be taken to avoid excessive consumption of alcohol.  Drunk or criminal behaviour shall not be permitted either on the premises or in its immediate vicinity.  Alcohol shall not be served to any person suspected if of being drunk or to any person suspected of being under the age of 18.  Any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way shall be asked to leave the premises.  No illegal drugs may be brought onto the premises.

 

  • Animals - The Hirer shall ensure that no animals (including birds) except guide dogs are brought into the premises other than for a special event agreed to by Chulmleigh Town Hall Committee. No animals whatsoever are to enter the kitchen at any time.

 

  • Compliance with the Children Act 1989 - The Hirer shall ensure that any activities for children under eight years of age comply with the provisions of The Children Act of 1989 and that only fit and proper persons who have passed the appropriate Criminal Records Bureau checks have access to the children.  Checks may also apply where children over eight and vulnerable adults are taking part in activities.  The Hirer shall provide the Chulmleigh Town Hall Committee with a copy of their CRB check and Child Protection Policy on request.
     

 

  • Fly posting  - The Hirer shall not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the premises and shall indemnify and keep indemnified each member of the Chulmleigh Town Hall Committee accordingly against all actions, claims and proceedings arising from any breach of this condition.  Failure to observe this condition may lead to prosecution by the local authority.

 

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

 

  • Film Shows - Children shall be restricted from viewing age – restricted films classified according to the recommendations of the British Board of Film Classification.  Hirers should ensure that they have the appropriate copyright licences for film.

 

  • End of hire - The Hirer shall be responsible for leaving the premises and surrounding area in a clean and tidy condition. 
    • Please empty the bins and take away all rubbish or put it in the large black bin beside the toilets. 
    • Wash up all crockery and return it to the cupboards. 
    • Turn off all taps. 
    • There is a mop and bucket for the kitchen and one for the toilets if necessary, also a Henry vacuum cleaner situated in the cleaners area adjacent to the toilets. 
    • In the interest of Health and Safety, if it is necessary to override the heaters, please ensure that they are turned off before you leave. Do not turn the master switch off!  Any heaters left on override will be charged to the Hirer. 
    • Turn all the lights out and close all doors firmly.

 

  • Noise - The Hirer shall ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning.  The Hirer shall, if using sound amplification equipment, make use of any noise limitation device provided at the premises and comply with any other licensing condition for the premises. 
        

 

  • Stored equipment - Chulmleigh Town Hall Committee accepts 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 fees will be charged for each day or part of a day at the hire fee per hiring until the same is removed. Chulmleigh Town Hall Committee may use its discretion in any of the following circumstances:
    • Failure by the Hirer either to pay any charges in respect of stored equipment due and payable or to remove the same within 7 days after the agreed storage period has ended
    • Failure by the Hirer to dispose of any property brought on to the premises for the purposes of the hiring.  This may result in the Chulmleigh Town Hall Committee disposing of any such items by sale or otherwise on such terms and conditions as it thinks fit and charge the Hirer any costs incurred in storing and selling or otherwise disposing of the same.

 

  • No alterations - No alterations or additions may be made to the premises, nor may any fixtures be installed or placards, decorations or other articles be attached in any way to any part of the premises without the prior written approval of the Hall Secretary.  Any alteration, fixture or fitting or attachment so approved shall at the discretion of the Chulmleigh Town Hall Committee remain in the premises at the end of the hiring.  It will become the property of the Chulmleigh Town Hall unless removed by the hirer who must make good to the satisfaction of the Chulmleigh Town Hall Committee or, if any damage caused to the premises by such removal.

 

  • No rights - The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer.

 

  • Dangerous and unsuitable performances - Performances involving danger to the public or of a sexually explicit nature shall not be given.
     

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