CONDITIONS OF LETTING

IMPORTANT – COVID-19: YOUR ATTENTION IS DRAWN TO CLAUSE 3A

1. DEFINITIONS

“The Council” means Chesterfield Borough Council and its officers or agents acting on its behalf
“Authorised Officer” means the Arts and Venues Manager for Chesterfield Borough Council or person acting on His behalf.
“Contract” means the contract for the hire of the Hall/venue which is completed / binding when the deposit is received by the Council.
“Scale of charges” means the scale of charges for the hire of the Hall including any optional items or services specified by the Hirer and shall include VAT or other tax if applicable.
“Hall” means the venue hired by the Hirer.
“Hirer” means the person who signs the contract for the hire of the Hall and is the person responsible for compliance with the conditions of letting. Where the Hall is hired by a company the company shall be jointly and severally liable with the person signing on its behalf. The Hirer must be over the age of 18 and bookings for parties to be attended by minors shall only be accepted from responsible adults.
“Deposit” is the sum required to be paid by the Hirer on confirmation of booking of the Hall and shall be refunded by the Council after the conclusion of the hiring provided that no further costs for remediation of damage or provision of services have arisen from the booking.

2. PAYMENT

a) The Hirer shall pay the deposit to the Council on confirmation of the booking of the Hall.
If the booking is cancelled by the hirer the deposit will not be refunded.
b) Full payment for the booking must be paid by the Hirer no later than 56 days before the event date. Failure to pay will entitle the Authorised Officer to cancel the booking and refuse admission to the Hall.
c) Payment shall include the cost of furniture (tables and chairs) at the Hall and kitchen equipment when the kitchen is hired, together with all heating and lighting used during the hiring.
d) Any additional or variable items such as refreshments will be invoiced after the event.

3. USE OF THE HALL

The Hirer shall:
a) Allow the use of the Hall only for the use specified in the Contract.
b) Have access to the Hall only during the period of hiring. Any access required by the Hirer, caterers, disco / band, etc shall be included within the period of hiring as will the inclusion of one hour after the bar closes for clearing away time.
c) Adhere to the period of hiring or become liable for further charges in accordance with the Council’s scale of charges.
d) Be responsible for any damage to the Hall or its contents occurring during the period of hire and reimburse the Council for any repair or replacement costs necessitated by the hiring.
e) Leave the Hall at the end of the hiring in as good order and condition as at the commencement of the hiring.
f) Remove all items brought into the Hall at the end of the hiring, including presents, cakes, equipment, etc. as no storage is possible.
g) Comply immediately with any request from the Authorised Officer to reduce the level of amplified sound.
h) Be responsible for all food prepared by the Hirer or a caterer working for the Hirer and ensure that all health and hygiene regulations are followed in accordance with regulations.

The Hirer shall not:
h) Assign the Contract or sublet the Hall or any part of it.
i) Bring any items into the Hall without prior agreement, including furniture, fittings structures additional lighting plants poster or advertisements.
j) Any items brought into the Hall with permission of the Authorised Officer may only be used or secured for use by ‘Blu Tack’ or similar product or as authorised by the Authorised Officer. Such items must be considered fit for use and fireproofed and all electrical items must have a Portable Appliance Test Certificate where appropriate which shall be provided two weeks prior to the hiring.
k) Arrange for deliveries to the Hall unless agreed with the Authorised Officer.
l) Use amplification equipment other than that provided by the Council.
m) Use the Hall for any other purpose than specified in the Contract.
n) Sell any goods unless previously authorised by the Council.

3A. COVID-19

The Council is aiming to provide a COVID Secure Hall in line with Government regulations and guidance and has prepared a set of risks assessments for the use of Hall during the COVID 19 pandemic, and these are detailed in Schedule 1.

The Hirer shall,

a) Seven days before the hiring commences provide to the Council a detailed risk assessment, method statement and guidance demonstrating how the Hirer shall ensure that the hiring shall comply at all times with all relevant law and government Covid-19 guidance (as varied from time to time) or in the absence of relevant government guidance, if available, such guidance (as varied from time to time) from a relevant and reputable organization accepted as such by the Council.
b) comply with all control measures in the risk assessment, method statement and guidance and ensure that all attending the Hall during the period of hire shall comply with the same.
c) comply with all the requirements as detailed in the Council’s risk assessments in Schedule 1.

The Council may review and vary the terms of this clause at any time without prior notice to the Hirer as necessary in accordance with changes to relevant law and guidance

The Council may cancel this Contract forthwith if at any point the Hirer does not comply with this clause 3A and the Hirer shall forthwith vacate the Hall.

4. EVENTS INVOLVING PERSONS AGED 18 AND UNDER

a) At birthday or other parties involving persons under 18 there must be at least one adult present for every twenty minors.
b) At school proms there shall be an adult member of the school staff for every twenty-five students, one of whom must be designated as the Event Supervisor and made known to the Council’s staff at the Hall.
c) The Authorised Officer shall employ security staff and / or door supervisors as he / she considers appropriate, the cost of which shall be recharged to the Hirer.
d) The Council shall, at the discretion of the Authorised Officer, provide a bar serving soft drinks only or shall require young persons attending to provide proof of age when requested by bar staff.
e) The Authorised Officer shall refuse access to any student or minor arriving at the Hall in possession of alcohol or who is in a drunken condition.
f) The Hirer must comply with the Council’s Child Protection Policy, a hard copy of which is available on request or can be downloaded from the Council’s website http://www.chesterfield.gov.uk
g) The Hirer must arrange for the necessary Disclosure and Barring Service checks to be carried out on instructors, coaches or other supervisors running or organising such activities, and provide positive confirmation of its commitment to safeguarding either by production of their written policy or their signed undertaking to comply with this policy as part of the terms and conditions of hiring the facility.

5. PUBLIC ORDER AND SAFETY AND SECURITY

The Hirer shall:
a) Ensure that all entrances exits doorways and corridors are kept clear and unobstructed.
b) Ensure that good order is kept in the Hall during the period of hire.
c) Admit any officials including Police Officers to the Hall during the hiring as deemed advisable by the Authorised Officer and shall bear any costs incurred.
d) Provide at hirer’s expense attendants and stewards as deemed necessary by the Authorised Officer to maintain good order during the function.
e) Pay for additional Council staff and contractors as deemed necessary by the Authorised Officer to ensure public order and safety and security. To include Duty Managers, Front of House staff, Caretakers, Technicians, and Security staff.
f) Comply with all security measures as deemed advisable by the Authorised Officer and will ensure all persons comply with such measures.

The Hirer shall not:
e) Allow any drunkenness or disorder and shall expel any person causing a disturbance when required to do so by the Authorised Officer whose decision shall be final.
f) Allow the number of persons admitted to the Hall to exceed the maximum number permitted by the Contract.
g) Permit photographs to be taken or video recordings to be made during public events at the Hall (private parties are exempt).
Re. Winding Wheel:
h) Allow the use of smoke machines in the Ballroom and Function Room of the Winding Wheel. The use of smoke machines in the Auditorium is restricted.
The Authorised Officer has the right to refuse admission and to eject patrons in the interest of Public Order and Safety.

6. TICKETS, ADVERTISING ETC.

The Hirer shall:
a) Submit a copy of all tickets, posters, advertisements or programmes for an event to the Authorised Officer for approval prior to printing.
b) Ensure that any advertisement posters for the Hirer’s use of the Hall are legally displayed.

The Hirer shall not:
c) Issue any tickets prior to approval by the Authorised Officer.
d) Make any collection in the Hall without prior consent of the Authorised Officer.
e) Advertise any event until the Contract for the Hall has been made.

7. COPYRIGHT

The Hirer shall:
a) Be responsible for obtaining consent for any performance of a dramatic or musical work to which copyright applies.
b) Comply with all requirements of the Authorised Officer if the Hirer wishes to benefit from the licence held by the Council from the Performing Rights Society Ltd. or the Phonographic Performance Ltd.

The Hirer shall not:
e) Allow transmission of television or wireless recording from the Hall without prior consent of the Authorised Officer.

8. PERFORMING RIGHTS (PRS)

PRS fees will be recharged to the hirer at the current rates for all “live” music events. A completed declaration form stating the titles of the music performed must be forwarded to PRS within 30 days of the event.

9. LIQUOR LICENSING

Winding Wheel

The Hirer shall:
a) Make an application at the time of booking if the Hirer requires the opening time of the bar to be extended from 11pm to 11.30pm or 12am.
b) Note that the Council is the sole supplier of beverages sold at the Winding Wheel and that any bottles brought onto the premises as raffle prizes or gifts must not be opened or consumed at the premises.
c) Pay corkage for any wine or other beverages supplied for weddings, dinners etc. subject to prior arrangement with the Authorised Officer.
Other venues

a) If the Hirer requires a bar for the function, it is the responsibility of the Hirer to arrange for a licensee to obtain the necessary licence and provide a copy of the licence to the Authorised Officer seven days prior to the event.

10. STATUTORY PROVISIONS

The Hirer shall comply with all relevant statutes, regulations, guidance and licences and shall indemnify the Council against any loss, damage costs or other expenses that may be incurred in consequence of the breach or non-observance of any such requirements or advice.

11. CLAIMS

a) The Council shall not be responsible to the Hirer or any other person using the Hall for damage, theft or removal of property brought into or left in the Hall.
b) The Hirer shall indemnify the Council against all actions proceedings and claims made against the Council in respect of loss damage or injury by any person caused in relation to the Hirer’s use of the Hall unless such claim is caused by the Council’s negligence.

12. CANCELLATION

a) If a booking is cancelled in writing by the Hirer at least eight weeks prior to its date then no payment of the hire charges is required under clause 2. This excludes the deposit paid.
b) If a booking is cancelled in writing by the Hirer less than eight weeks prior to its date or if a Hirer fails to use the Hall when booked the full payment under clause 2 is required unless the Council, at its discretion, agrees a lesser amount.
c) The Council may cancel a hiring if the Hall is required in connection with an election or if the Hall is unusable due to breakdown of machinery or damage to premises, or for cleaning, repair, or other maintenance purposes, or in the event of the building becoming unfit for hiring due to fire, flood, civil commotion, industrial action, or due to security or health concerns, or any other substantive reason as determined by the Authorised Officer. In such case, the Council will refund the fee but not otherwise be liable to the Hirer.

13. SMOKING

Smoking is not permitted in any part of the Hall and the Hirer is required to ensure that this is enforced.

14. AUTHORISED OFFICER

The Hirer must comply with all requirements of the Authorised Officer for compliance with these conditions. The Authorised Officer may suspend or cancel the hiring if the Hirer fails to comply with the conditions of hire or any request reasonably made by the Authorised Officer.15. CAR PARKING

The car park to the rear of the Winding Wheel is only available for loading and unloading and the Hirer should advise patrons to use town centre car parks.

16. VALUE ADDED TAX

The scale of charges includes VAT at the prevailing rate as applicable.

17.THE USE OF PHOTOGRAPHIC / FILM / VIDEO EQUIPMENT

The Hirer must ensure that it has procedures relating to the protection of Children and Vulnerable adults. This responsibility extends from who is allowed to use photographic/film/video equipment, to where and where not equipment is used and what images are and are not allowed to be taken. It is the Hirer’s responsibility to ensure that all participants and their parents/guardians/ carers if under 16 are aware that photographic/filming/video equipment is going to be used. Where appropriate they must be required to get written permission from participants or their parents/guardians/carers to use the photographs in publicity, promotional or media material.

18. SERVICE STANDARDS

The Hirer shall act with reasonable skill and care and in accordance with the best practice prevailing from time to time;
(a) in all respects in accordance with the Authority’s policies in force from time to time; and
(b) in accordance with all relevant legislation including but not limited to
(i) EU Procurement Directive 2014
(ii) Social Value Act 2012
(iii) Pubic Contracts Regulations 2015
(iv) Local Government Transparency Code 2014
(v) CDM Regulations
(vi) Environmental Policies and Procedures
(vii) Human Rights Act 1998
(viii) Equality Act 2010
(ix) Counter Terrorism and Security Act 2015
(x) Crime and Disorder Act 1998
(xi) Coronavirus Act 2020

Schedule 1

As attached:

1) Risk Assessment use of building by audience during Covid 19 PT
2) Risk Assessment use of building by audience during Covid 19 WW
3) Risk Assessment use of building by audience during Covid 19 AR
4) Risk Assessment use of building by audience during Covid 19 HVH

CONDITIONS OF LETTING.doc