Tadley & District Community Association
Terms and Conditions of Hire
General Rules Governing the Use of The Link and The Point
The management of The Link and The Point is vested in the Management Committee of the Community Association, whose powers and composition are defined in the constitution, a copy of which may be obtained from the main office at The Link. Under the provisions of the constitution, the Management Committee is empowered to make rules or to withdraw or amend them.
Definitions
For the purposes of this agreement and the conditions of hire, the term “Hirer” shall mean an individual hirer or, where the “Hirer” is an organisation that organisation. “Premises” means those parts of the Community Centre stated on the Booking form being those subject to this hire agreement. “Booking” means the contract between the Hirer and Tadley and District Community Association as detailed and on the terms of this agreement (“the Booking Form” of which these conditions form part). “Period” means the time or times reserved under these conditions and “the Function” means that described and authorised by the Booking. If the Hirer is in any doubt as to the meaning of any of the conditions, the TDCA office staff should be consulted immediately.
The right to refuse any application for the use of the Association facilities is reserved to the Management Committee or the Association Manager, provided the Association Manager reports his/her action at the next meeting of the Management Committee.
The Management Committee may refuse an application to use the Associations facilities if the use by a particular association or individual represents a risk of public disorder, a risk to national security or a risk of alienating the Association’s beneficiaries or supporters. In any circumstances of doubt, the Association Manager shall report the matter to the Secretary and shall not confirm the letting without agreement of the Secretary.
All arrangements for the use of the Association facilities are subject to the Association reserving the right to cancel bookings or the premises are otherwise rendered unfit for the intended use. Such cancellation will be without compensation and that only deposits paid will be refundable in full.
Standard Conditions of Hire
These standard conditions apply to all hirings of the Association’s premises. If the Hirer is in any doubt as to the meaning of the following, the Bookings Secretary or other relevant person should immediately be consulted.
1. Age
The Hirer, not being a person under 25 years of age, hereby accepts responsibility for being in charge of and 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.
2. Supervision
The Hirer shall, during the period of the hiring, be responsible for:
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Supervision of the premises, the fabric and the contents;
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Their care, safety from damage, however slight, or change of any sort; and
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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 Association, 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.
It is the duty of the hirer/person in charge to inform of the procedure for evacuation of the premises and shall familiarise themselves with the fire-fighting equipment.
When the premises or any part of them are used for the purpose of public entertainment, there shall be a minimum of two persons, neither of whom shall be less than 25 years of age on duty where under 100 person are attending the entertainment. The number of adult attendants required is increased in the following circumstances:
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Where 100-249 people are present – to three;
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Where 250-499 people are present – to four;
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Where the majority of those present at the entertainment are less than 16 years of age and/or when many people with disabilities are expected to attend, the numbers of adult supervisors will need to be increased.
3. 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-let 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.
4. 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.
5. Licensable activities
The Hirer shall ensure that the Association holds a PRS for Music Licence which permits the use of copyright music in any form, e.g. record, compact disc, tapes, radio, television or by performers in person. If other licences such as Temporary Events Notice are required in respect of any activity on the premises, the Hirer should ensure that they hold the relevant licence or that the Association holds it. In the event of a TEN being needed the Association Manager must be given at least 4 weeks’ notice and a copy of the TEN provided to the Association.
6. 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, 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 Association’s health and safety policy.
The Hirer acknowledges that they have received instruction in the following matters:
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The action to be taken in event of fire. This includes calling the Fire Service and evacuating the hall;
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The location and use of fire equipment. (diagram of location when handing over keys);
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Escape routes and the need to keep them clear;
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Method of operation of escape door fastenings;
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Appreciation of the importance of fire doors and of closing fire doors at the time of a fire.
In advance of an entertainment or play the Hirer shall check the following items:
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That all fire exits are unlocked and panic bolts in good working order;
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That all escape routes are free of obstruction and can safely be used;
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That any fire doors are not wedged open;
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That exit signs are illuminated;
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That there is no obvious fire hazard on the premises.
Nothing shall be done which will endanger the users of the building or invalidate the policies of insurance relating to it and to its contents in particular:
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Obstructions must not be placed in gangways or exits, nor in front of emergency exits, which must be immediately available for free public egress;
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All groups are expected to co-operate in the fire drills which may be arranged at varying times in order to familiarise users with evacuation procedures;
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Fire-fighting apparatus kept in its proper place and only used for its intended purpose;
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The fire service shall be called to any outbreak of fire, however slight, and details of the occurrence shall be given to the Association Manager;
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Performances involving danger to the public shall not be given;
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Highly flammable substances shall not be brought or used in any part of the premises. No internal decorations of a combustible nature (such as polystyrene, cotton, etc) shall be undertaken or erected without the consent of the Management Committee. No indoor or outdoor fireworks to be used on the premises at any time;
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No unauthorised heating appliances shall be used on the premises;
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First aid box shall be readily available to all users of the premises. It is located in the Kitchen with the Accident Book and must be returned after use. The Association Manager to be informed of any accident or injury occurring on the premises. All electrical equipment brought into the building shall comply with the Electricity at Work Regulations 1989 and any subsequent legislation. The Management Committee disclaims all responsibility for claims and costs arising from the use of any equipment that does not so comply.
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No gas canisters to be brought onto the premises.
7. Means of escape
All means of exit from the premises must be kept free from obstruction and immediately available for instant free public exit. The emergency lighting supply illuminating all exit signs and routes must be turned on during the whole of the time the premises are occupied (if not operated by an automatic mains failure switching device).
8. Outbreaks of fire
The Fire Service shall be called to any outbreak of fire however slight using ‘999’ or ‘112’ from a mobile. Details thereof shall be given to the Association Manager. Fire procedures to be followed. The fire assembly point for both The Link and The Point is located at the far righthand side of the car park closest to the school.
9. Health and hygiene
The Hirer shall, if preparing, serving or selling food, observe all relevant food health and hygiene legislation and regulations as required by the Council’s Environmental Health Department. In particular dairy products, vegetables and meat on the premises must be refrigerated and stored in compliance with the latest Food Safety (Temperature Control) Regulations. The refridgerator and freezer both have thermometers located inside.
10. 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 and any subsequent legislation. Where a residual circuit breaker is provided the hirer must make use of it in the interests of public safety.
11. Insurance and indemnity
(a) The Hirer shall be liable for:
(i) the cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including the curtilage thereof or the contents of the premises;
(ii) all claims, losses, damages and costs made against or incurred by the Association, its 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; and
(iii) all claims, losses, damages and costs made against or incurred by the Association, 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 sub-clause (b), the Hirer shall indemnify and keep indemnified accordingly each member of the Association’s Management Committee and the Association’s employees, volunteers, agents and invitees against such liabilities.
(b) The Association shall take out adequate insurance to insure the liabilities described in sub-clause (a) (i) above and may, in its discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (a) (ii) and (iii) above. The Association shall claim on its insurance for any liability of the Hirer but the Hirer shall indemnify and keep indemnified each member of the Association’s Management Committee and the Association's 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.
(c) Where the Association does not insure the liabilities described in sub- clauses (a) (ii) and (iii) above, the Hirer shall take out adequate insurance to insure such liability and on demand shall produce the policy and current receipt or other evidence of cover to the Association’s authorised representative. Failure to produce such policy and evidence of cover will render the hiring void and enable the Association to rehire the premises to another hirer.
The Association is insured against any claims arising out of its own negligence.
12. Accidents and dangerous occurrences / First Aid
The Hirer must report all accidents involving injury to the public to the Association’s Authorised Representative (named in 1.2 of the Hiring Agreement) or, failing that, to a member of the Association’s Management Committee as soon as possible and complete the relevant section in the Association’s accident book. Any failure of equipment belonging to the Association or brought in by the Hirer must also be reported as soon as possible. Certain types of accident or injury must be reported. The Authorised Representative will give assistance in making this report. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). Hirer’s must ensure they have the correct first aid cover required for their event/group. There is an AED machine located outside the lobby of The Link, access to the equipment is through the emergency services.
13. Explosives and flammable substances
The Hirer shall ensure that:
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Highly flammable substances are not brought into, or used in any part of, the premises and that; and
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No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) shall be erected without the consent of the Association. No decorations are to be put up near light fittings or heaters.
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No gas canisters without prior permission, unless for medical reasons.
14. 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 Association. Portable Liquefied Propane Gas (LPG) heating appliances shall not be used.
15. Drunk and disorderly behaviour and supply of illegal drugs
The Hirer shall ensure that in order to avoid disturbing neighbours and to avoid violent or criminal behaviour, care shall be taken to avoid excessive consumption of alcohol. Drunk and disorderly behaviour shall not be permitted either on the premises or in its immediate vicinity. Alcohol shall not be served to any person suspected 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.
16. 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 the Association. No animals whatsoever are to enter the kitchen at any time. Except in the case of trained guide dogs for the blind, dogs shall only be permitted on The Link and The Point in connection with organised activities such as training or dog shows.
17. Compliance with Safeguarding and subsequent legislation
The Hirer shall ensure that any regulated activities (for children and adults) comply with Safeguarding and other relevant legislation. The Hirer will also ensure that any appropriate Disclosure and Barring Service (DBS) Checks (formerly Criminal Records Bureau (CRB) checks) have been obtained. The Hirer shall provide the Association with a copy of their DBS Check and Safeguarding (Children and/or Adult) Policy on request.
It is the responsibility of groups and hirers to ensure compliance with the TDCA Safeguarding Policy and relevant acts associated with Safeguarding. The Disclosure and Barring Service and the Management Committee reserves the right to exclude from the premise any organisation that fails t comply with the requirement.
18. 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 Association’s Management 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.
19. 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.
20. 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.
21. Cancellation
If the Hirer wishes to cancel the booking within a 30 day period before the date of the event the full amount will be due. If the cancellation is before the 30 day notice period, the 10% booking deposit will be forfeited and a £10 administration cost will be charged. The Association reserves the right to cancel this hiring by written notice to the Hirer in the event of:
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The premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;
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The Association reasonably considering that such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or unlawful or unsuitable activities will take place at the premises as a result of this hiring;
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The premises becoming unfit for the use intended by the Hirer;
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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.
In any such case the Hirer shall be entitled to a refund of any deposit already paid, but the Association shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.
22. End of hire
The Hirer shall be responsible for leaving the premises and surrounding area in a clean and tidy condition, properly locked and secured unless directed otherwise and any contents temporarily removed from their usual positions properly replaced; otherwise the Association shall be at liberty to make an additional charge. All rubbish must be taken home with the hirer. If the premises are left in a condition necessitating other than routine cleaning by the cleaner a charge per hour will be made.
23. 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. Should the noise exceed the limit for more than 10 seconds the power is automatically cut and the lights will go on in the main halls. You will then need to contact the caretaker who will attend site to reset the system, a call out fee applies.
24. Stored equipment
The permission of the Management Committee must be obtained before goods or equipment are left or stored at The Link or The Point, except that the Association Manager is authorised to grant permission for the overnight storage of goods and equipment brought to the centre for a particular function or event.
The Association accepts no responsibility for any stored equipment or other property brought onto 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.
The Association may use its discretion in any of the following circumstances:
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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;
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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 Association 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.
25. 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 Authorised Representative. The Hirer must remove all such articles at the end of the hiring unless otherwise agreed with the Association. Any unauthorised articles left on the premises will be disposed of by the Association as it thinks fit. The Hirer will make good to the satisfaction of the Association any damage caused by such installation and removal.
You must not use drawing pins, Bluetac or tape on the walls or other surfaces, you can however use 3M Command Hooks if you need to put up notices or decorations. All decorations to be taken down at the end of hire. Under no circumstances should decorations be fixed to light fittings or heaters.
26. No rights
The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer.
27. Dangerous and unsuitable performances
Performances involving danger to the public or of a sexually explicit nature shall not be given.
28. Smoking
Smoking is not permitted anywhere on the premises. The hirer must ensure the hirer’s invitee’s, comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made there under.
29. Inflatables
If the hirer uses TDCA inflatables (Bouncy Castle/Biff Baff Dash) the hirer must ensure the following:
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Adequate supervision by a responsible adult/s at all times.
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Not used by children under 2 years of age.
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Restricted to use by age groups (2 to 5 years, 6 to 12 years old). Age groups must not be missed whilst using the bouncy castle.
Should you wish to use inflatables that do not belong to the Association, appropriate insurance must be acquired, and a copy provided to the Association.
30. Loss of Property
The Association cannot accept responsibility for damage to, or the loss or theft of, centre users’ property and effects.
31. Car Parking
Cars shall not be parked so as to cause an obstruction at the entrance to, or exits from, the centre. Where parking accommodation is provided and available, this must be used and users of the centre should avoid undue noise on arrival and departure. Any large events with attendees over 200 people, must provide their own marshals for the carpark.
32. Nuisance
Litter shall not be left in or about the premises. All litter to be taken home and disposed of accordingly. Please ask your guests to leave quietly at the close of your event. Car doors banging and loud talk in the car park are a disturbance for local residents.
All functions must end promptly by midnight to comply with the Public Entertainment Licence.
33. Security Deposit
The hirer will repay Tadley and District Community Association for the cost of any loss or damage to The Link or The Point, or its contents, that occur during the period of the hire, or as a result of the hire. The hirer is required to provide a security deposit as agreed in 1.4 of the Hire Agreement. This security deposit will be held against any damage or loss to the Community Association, or to the Community Association’s building or its contents, or any extra cleaning, additional time or caretaking costs required after the hire. The balance will be returned to the hirer by the Community Association following the hire. Should any damage or loss exceed the security deposit amount, the hirer will repay the Community Association the additional sum within 28 days of the hire.
34. Equal Opportunities
Users of The Link and The Point must comply with the Equality Act 2010. They must ensure that the centres are open to all the members of the community regardless of sex, sexual orientation, nationality, age, disability, race or of political, religious or other opinions.
35. Maximum Capacity
The Link has a maximum capacity of 600 people overall; Hall A or B 150 persons, Hall A&B 300 persons, Talbot/Newley 12 persons, Beavers/Don Allen 40 person. The Point has a maximum capacity of 220 overall; Main hall 102, Recording Studio 60. These figures include helpers and performers. On no account shall these figures be exceeded.
36. Cleaning and Security
All use of centre premises and facilities is subject to the users accepting responsibility for returning furniture and equipment to their original position and for securing doors and windows of the premises as directed by the Association Manager. All users shall also leave the premises and surroundings in a clean and tidy condition, as may be directed by the Association Manager. All waste to be taken home by hirer unless agreed by Association Manager, failure to so will be subject to a charge.
Please leave the premises clean and tidy, in particular we ask you to ensure floors are swept, table tops are wiped clean before being stacked, kitchen is cleaned if used and all surfaces used are disinfected.
36. Faults/ damage/ comments
Please report any faults or damage to the centre office as soon as possible so that they can be rectified quickly.
37. Furniture
Please use chair and table trolleys provided for moving furniture in order to avoid injury. Please ensure the strap across the table the trolley is across when you have finished taking tables out. Please stack chairs and tables neatly where you found them as per instructions on notices located around the halls/rooms.
38. Opening and closing of The Link and The Point
Arrangements to access the halls will be made shortly before your hire. Please ensure that any outside caterers, contractors and bar staff are aware of the hire period and that they will not be able to entre before and should leave at the end of the agreed hire period.