1. The User
In these Terms and Conditions the term "the user" shall include the person signing or lodging the application and any person or organisation on whose behalf the application is made, all of whom shall be jointly and severally liable.
2. Cancellation
The user or the Parochial Church Council (PCC) can cancel the booking in writing on not less than three weeks notice before the Booking Date. For regular users three month's notice is required by either party. A full refund of all advance deposits and fees will be made in the event of cancellation with full notice.
There will be no deposit returned if cancellation is less than three weeks before the Booking Date date.
3. Hire Charges
(a) The Hire Charges should be paid at the point of booking.
(b) The Bookings Secretary will supply details of the Hire Charges.
4. General Conditions of Use
4.1 Use of Hall.
(a) The PCC has an absolute right to refuse and terminate a booking on any grounds. The user shall not use the Hall other than for the Use Allowed nor allow the Hall to be used for any unlawful purpose or any purpose inimical to the Church of England’s Christian mission.
(b) All bookings must end at 11pm (Monday-Sunday). All property of the user and its agents must be removed before the end of the period of authorised use. This means the Hall must be empty at this time. The PCC may sell and retain the proceeds of any property left after the period of authorised use, or store it and charge the user for such storage at the option of the PCC, and the user will pay such charges to the PCC on demand.
(c) There will be no party bookings for under 18year olds that exceed an end time of 7.30pm.
(d) The user is responsible for the proper conduct of everyone using the Hall during the period of use and shall do their best to prevent anyone causing an annoyance or inconvenience to other persons. In particular, the user must keep noise to a reasonable level, having regard for any surrounding residents. Parties with discos or live music groups should keep the main doors and windows closed for this reason. The PCC or its authorised representatives may stop any meeting, entertainment or function, which is not properly and considerately conducted.
(e) The user is responsible for the proper conduct of children attending their function and shall do their best to prevent any child causing an annoyance or inconvenience to other persons. In particular, the user must keep noise made by children to a reasonable level [and prevent the use of the area at the front of the Hall].
(f) Children must not be allowed in the Kitchen for safety reasons.
(g) The Hall may not be used for the sale of alcohol.
(h) The user must ensure that the terms of every law and statute authorising or regulating how the Hall is used are complied with and that any work to the Hall which any authority acting under any statute requires is done and that any licence or registration which is required or which the PCC requires is obtained renewed and continued including (but not by way of limitation):
- compliance with statutes governing the preparation serving or selling of food
- compliance with statutes governing the sale and consumption of intoxicating liquor
- compliance with statutes governing persons working with or caring for children and vulnerable adults (including their engagement supervision and training), including but not limited to the Protection of Children Act 1999, the Children Act 1989, the Care Act 2014, the Safeguarding and Vulnerable Group Act 2006 (as amended by the Protection of Freedoms Act 2012) and any other relevant legislation together with any conditions required by Social Services
- obtaining any requisite licence for music entertainment dancing concerts or stage performances. In this regard the user will not undertake or permit to take place any licensable activity (sale of alcohol, the provision of regulated entertainment or late night refreshment) on the premises without first having applied for (at least 14 days prior to the event) and obtained a temporary event notice pursuant to the Licensing Act 2003. The user will not apply for a temporary event notice without the prior written approval of the PCC. The user will supply the PCC with a copy of any temporary event notice issued, as soon as possible and in any case before the event. The user will comply with the terms of any temporary event notice and also with the terms of the Licensing Act 2003.
- compliance with the conditions of such requisite licences AND the user shall keep the PCC fully indemnified against all losses, costs and demands made against or suffered or incurred by the PCC arising out of all such matters. If the Hall has a Premises Licence, then it shall only be used between the hours and for the purposes set out in that licence. If the PCC has given written permission in advance, the user may apply for an appropriate Temporary Event Licence to the appropriate Council Licensing Department for an additional use or for a period outside these hours. Users must provide a copy of any such Temporary Event Licence to the PCC immediately and ensure that its requirements are complied with.
(i) All advertisements and publicity for functions held in the Hall must clearly display the name of the person or organisation holding them.
(j) No nails, screws, bolts etc., may be driven into the walls and fixtures of the Hall; and no equipment, furniture or any structures or decorative lighting, posters, placards or notices may be taken into the Hall, or placed or displayed outside it or used there without the previous written consent of the PCC, or its sub-committee responsible for the Hall.
(k) The user is responsible for all damage done to the Hall and any Fixtures and Fittings and Furniture and any other articles in it during the period of use, whoever may have caused the damage. All damage and breakages must be entered in the damage book.
(l) The User agrees to pay all such rates, taxes, assessments, utilities and other liabilities as may be imposed upon the PCC or otherwise solely as a result of the User’s use or occupation. If rates, taxes, charges, assessments, utilities or other liabilities are imposed upon the PCC or otherwise which are higher than they would otherwise have been but for the User’s use or occupation, then the User shall pay all such additional sums
(m) The Hall must be cleaned and all crockery washed up and put away; and all tables and chairs and other furniture returned to where they are normally stored before the end of the period of use. Please note that it is the responsibility of the user to remove all rubbish from the Hall, including the surrounding area. If the user fails to observe these conditions the PCC may perform it on behalf of the user and recover the cost from (or when any work is carried out by an employee of the PCC may make a charge to) the user.
(n) The benefit of a booking is personal to the user only and may not be assigned or transferred (in whole or in part) and the Hall or any part of it may not be used by any person other than the user.
(o) The PCC does not warrant that the Hall is fit either legally or physically for the suggested use.
(p) The user must ensure that the Equality Act 2010 and any other relevant legislation is observed and complied with.
(q) The user must ensure that there is a minimum of two competent attendants on duty at the Hall during the event, none of whom shall be less than 18 years of age.
(r) The user must comply with all conditions and regulations made in respect of the premises by the Fire Authority and Local Authority in connection with the event.
(s) Highly flammable substances are not to be brought into or used in any part of the Hall nor are internal decorations of a combustible nature (e.g. polystyrene, cotton wool etc.) to be erected without the consent of the PCC. If electrical appliances are brought to the Hall by the user then the user must ensure that these items are safe and in good working order and used in a safe way.
(t) If food is to be prepared, served or sold then the user must observe all relevant food health and hygiene legislation regulations.
4.2 Maximum capacity of people
(a) The hirer will ensure that maximum capacities as set out in the room specifications are not exceeded at any time during the hire period.
(b) Those hiring the upstairs of the Milleniumn Centre will ensure that all users are able to safely evacuate the building without the use of the lift in case of emergency.
5. Safeguarding
The User is required to ensure that children, young people and vulnerable adults are protected at all times, by taking all reasonable steps to prevent injury, illness, loss or damage occurring; and that you carry full liability insurance for this. In particular, this means that the User:
(a) will comply with the church Safeguarding Policy or the House of Bishops Safeguarding Guidance which can be found at: Policy and practice guidance | The Church of England
(b) if applicable will provide the church with a copy of your organisation’s Safeguarding Policy/ies or if you do not have one adopt the current parish policy or the House of Bishops Safeguarding Guidance Policy and practice guidance | The Church of England;
(c) If applicable, will safely recruit all current paid and voluntary workers who work with children and/or vulnerable adults, by obtaining satisfactory disclosures from the Disclosure and Barring Service where eligible, and keeping records of dates and disclosure numbers in accordance with your own organisation’s guidance;
(d) If applicable, will keep a list of the names of all paid and voluntary workers with regular and direct contact with children/vulnerable adult, and update it annually;
(e) will always have at least two responsible persons over the age of 18 years (who may be leaders or chaperones) in any group of children and young people, no matter how small the group;
(f) no person under the age of 18 years will be left in charge of any children or young people of any age;
(g) no child or group of children or young people will be left unattended at any time;
(h) will ensure a register of children, young people or adults attending the activity will be kept securely. This will include details of their name, contact details of parent/guardian/carer etc., date of birth and next of kin;
(i) will immediately (within 24 hours) inform the Parish Safeguarding Officer (PSO) of: the occurrence of any incidents or allegations of abuse or causes of concern relating to members or leaders of your organisation if appropriate, or attendees to the event, and contact details for you or the person in your organisation who is dealing with it.
(j) If applicable, manage any known offenders against children or vulnerable adults seeking to join the User’s membership and manage such allegations or agreements with offenders in co-operation with statutory agencies, and with the church.
(k) The Parish Safeguarding Officer is [X] and can be contacted on [X].
(l) The User will supply to the parish the name and contact details of their Safeguarding Lead with an organisation or, the event organiser.
(m) If the Users’ activities/service is required to register with Ofsted they will provide evidence of the registration
The User understands that their booking agreement will be terminated in the event of their failing to comply with these procedures.
6. Insurance
The Hall/Room(s) are fully covered for any claims due to negligence on the PCC's part. However, the user must take out its own insurance, to cover any other claims which may arise in relation to its use of the Hall/Room(s).
7. Disclaimer
The PCC, its agents and servants shall not be liable to the user or to any person using or entering the Hall/Room(s) for personal injury or for damage to, loss or theft of any property brought into the Hall/Room(s), however it may be caused, unless caused by negligence on the part of the PCC. The user shall indemnify the PCC, its officers, agents and servants against all claims made by, and liability to, any person in respect of such injury, damage, loss or theft.
8. Parking
(a) ALL vehicles are parked at the owner's risk. The PCC are under no liability to insure against loss, theft or damage to vehicles.
(b) Users and those authorised by them may use [X] for parking, if available.
(c) The Emergency accesses must not be obstructed at any time and must be kept free for emergency services.
9. Fire and Emergencies
(a) The user is responsible for calling the Fire Brigade to any outbreak of fire however slight and for reporting this immediately to the Emergency telephone number below.
(b) The user must ensure that all exits, emergency exits and fire appliances are free from obstruction and available for use at all times during the period of use.
10. Emergencies and Enquiries
Please ring 01634 362023.
11. Rights of Access of PCC
The members of the PCC and any persons authorised by them shall have the right to enter any part of the Hall/Room(s) at all times during the period of use and the user shall not have exclusive use of the Hall.
Miscellaneous
12. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
13. Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be delivered by hand or by pre-paid post at its last known principle place for correspondence.
14. This agreement does not give rise to a partnership nor to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
15. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England; and the courts of England shall have jurisdiction to settle any dispute or claim arising out of it.
16. The parties agree that any personal data gathered as a result of this agreement will be processed lawfully in accordance with the principles and requirements (as applicable) of the General Data Protection Regulation and the Data Protection Act 2018.
17. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from force majeure events, circumstances or causes beyond its reasonable control.
18. The liability of the Parish Priest and PCC under this agreement is limited to the amount of the Hire Charges paid at the date of any claim less the amount of any prior claim and costs incidental to such claim.