Please read these Conditions of Hire and complete the declaration at the foot of this page
These standard conditions apply to all hiring of the community centre. If the Hirer is in any doubt as to the meaning of the following, the Booking Officer should immediately be consulted.
1 - Supervision and capacity
The Hirer shall, during the period of the hiring, be responsible for: supervision of the rooms they have hired, its fabric and the contents; their care, safety from damage however slight or change of any sort; and the behaviour of all persons using the rooms whatever their capacity. As directed by the Management Committee, the Hirer shall make good or pay for all damage (including accidental damage) to the rooms or to the fixtures, fittings or contents and for loss of contents. In addition the hirer should also be mindful of other activities in the Centre which could result in damage or a security breach. Situations of this nature should be immediately reported to the caretaker for him to take action, if appropriate.
(a) There shall, in addition to the Hirer, be a minimum of 2 competent attendants, none of whom shall be less than 21 years of age, on duty on the premises to prevent unauthorised entry by members of the public to a private hire and to ensure that guests do not consume alcohol outside the premises or cause a noise nuisance. If most of the audience is under 21, the number of attendants shall be not less than a ratio of 1:10. All persons on duty shall have been instructed as to their essential responsibilities in the event of fire or other emergencies, including attention to disabled persons, the location and use of the fire fighting equipment available, how to call the Fire Brigade and evacuation procedure.
(b) The total number of people in the Centre at any one time shall not exceed 200 or 150 seated in the main hall.
If smaller rooms are hired separately, the number of people shall not exceed:
∙ Jubilee Lounge - 30 standing or 25 seated
∙ Linton Room - 30 standing or 25 seated .
(c) A guest list or register of persons present must be available for inspection at the time of the event.
The number of attendants on duty must be as specified in the Community Centre’s Premises Licence (and not less than):
two adult attendants for up to 100 persons
three adult attendants for 100-249 persons
Additional attendants are required if the audience is mostly under 21, or if there are many disabled people present (ratio of 1:10).
2 - 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.
3 - Public access
There is no public access to the Centre during the period of a private hiring. The Hirer must therefore keep the entrance doors locked or supervised at all times. The Centre has a special quick-release front door lock, plus surveillance cameras with monitors in different rooms so that you can control access at all times. Note that any damage caused by unforced entry during the hiring will be surcharged to the Hirer.
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 - Licences
West Maldon Community Centre holds a Premises Licence under the Licensing Act 2003 for these premises. The Licence allows various types of entertainment including live music, recorded music and dancing which must cease by 11.00 pm.
The Hirer shall ensure that West Maldon Community Association holds a Performing Society Rights 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 are required in respect of any activity in West Maldon Community Centre, the Hirer should ensure that they hold the relevant licence or West Maldon Community Association holds it.
6 - Public safety compliance
The Hirer shall comply with all conditions and regulations made in respect of the premises by the Fire Authority, Local Authority, the Licensing Authority 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.
(a) The Hirer has knowledge or has asked for 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. (Include diagram of location)
∙ 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.
(b) In advance of guests or the public arriving, the Hirer shall check the following items:
∙ That all fire exits are unlocked and panic bolts in good working order.
∙ That all escape routes are free of obstruction and can be safely used.
∙ That any fire doors are not wedged open (all self-closing doors are fire doors).
∙ That exit signs and foyer lights are illuminated.
∙ That there are no obvious fire hazards on the premises.
7 - Means of escape
(a) All means of exit from the premises must be kept free from obstruction and immediately available for instant free public exit.
(b) 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 Brigade shall be called to any outbreak of fire, however slight, and details thereof shall be given to the Booking Officer or member of the management committee.
9 - 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.
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. The appliances should be checked annually and must have a valid up-to-date sticker, indicating that it has been PAT tested. Where a residual circuit breaker is provided the hirer must make use of it in the interests of public safety.
11 - Indemnity
(a) The Hirer shall indemnify and keep indemnified each member of West Maldon Community Association management committee and the Association’s employees, volunteers, agents and invitees against (a) the cost of repair of any damage done to any part of the premises including the curtilage thereof or the contents of the premises (b) all claims, losses, damages and costs 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 (c) all claims, losses, damages and costs suffered or incurred as a result of any nuisance caused to a third party as a result of the use of the premises by the Hirer.
(c) The Hirer shall take out adequate insurance to insure the Hirer and members of the Hirer’s organisation and invitees against the Hirer’s liability under paragraph 11(a) and all claims arising as a result of the hire and on demand shall produce the policy and current receipt or other evidence of cover to the Booking Officer. Failure to produce such policy and evidence of cover will render the hiring void and enable the Booking Officer to rehire the premises to another hirer.
West Maldon Community Association is insured against any claims arising out of its own negligence.
12 - Accidents and dangerous occurrences
The Hirer must report all accidents involving injury to the public to a member of West Maldon Community Association management committee as soon as possible and complete the relevant section in the Centre’s accident book. Any failure of equipment belonging to West Maldon Community Association 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. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).
13 - Explosives and flammable substances
The hirer shall ensure that:
(a) Highly flammable substances are not brought into, or used in any part of the premises and that
(b) No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) shall be erected without the consent of the management committee. No decorations are to be put up near light fittings or heaters.
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 management committee. 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 to the hall and 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 nor 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. It is illegal to sell alcohol to anybody under 18, unless the alcohol is wine, beer or cider and they are eating a table meal and they are accompanied by an individual aged 18 or over. No alcohol to be supplied to anyone under the age of 16.
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 West Maldon Community Association. No animals whatsoever are to enter the kitchen at any time.
17 - 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 West Maldon Community Association management committee with a copy of their Child Protection Policy on request.
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 - Cancellation
If the Hirer wishes to cancel the booking before the date of the event and West Maldon Community Association is unable to conclude a replacement booking, the question of the payment or the repayment of the fee shall be at the discretion of the Association. West Maldon Community Association reserves the right to cancel a hiring by written notice to the Hirer in the event of:
(a) the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election
(b) West Maldon Community Association management committee reasonably considering that (i) such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or (ii) unlawful or unsuitable activities will take place at the premises as a result of this hiring
(c) the premises becoming unfit for the use intended by the Hirer
{d) 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 West Maldon Community Association shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.
21 - 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 West Maldon Community Association shall be at liberty to make an additional charge and withhold part or full surety cheque payment. See section “Clearing up after the event” in document “Information for hirers”.
22 - 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, keep it in operation throughout the event, and comply with any other licensing condition for the premises.
CCTV images are recorded both internally and externally. In the event of a criminal act (damage to property or injury to persons) the data will be used to investigate any such images and will be passed to the Police.
23 - Stored equipment
West Maldon Community Association 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.
24 - 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 approval of the Booking Officer. Any alteration, fixture or fitting or attachment so approved shall be at the discretion of West Maldon Community Association. It will become the property of West Maldon Community Association unless removed by the Hirer who must make good to the satisfaction of the Association, if any damage is caused to the premises by such removal.
25 - Lost property
Lost property will be kept for 28 days after the event. West Maldon Community Association will dispose of any property not claimed within that period.
26 - No rights
The Hiring Agreement constitutes permission only to use the premises for the period of the event and confers no tenancy or other right of occupation on the Hirer.
Declaration