Terms and Conditions of Hire

This Agreement constituting the Room Hire Booking Form and these Terms and

Conditions is made between the Hirer and the Council. The parties agree that the

hiring will be carried out in accordance with this Agreement.

1. Definitions and Interpretation

1.1. The Council - means Devon County Council of County Hall, Topsham Road, Exeter, Devon EX2 4QD. 

1.2. The Hirer — means the person or organisation as set out on the Room Hire

Booking Form.

1.3. The Premises — means the Rooms at the Building as set out on the Room Hire Booking Form.

1.4. The Building - means the Building as set out on the Room Hire Booking Form.

1.5. The Amount Due — means the amount (if any) excluding VAT that the Hirer is required to pay to the Council as set out on the Room Hire Booking Form.

1.6. The Period of Hire — means the period of hire as set out on the Room Hire Booking Form

2. Maximum capacity

2.1. The Hirer will not exceed the maximum capacities for the Premises as set out

on the booking system.

2.2. The Hirer shall ensure that no person under 16 years of age is permitted to enter the kitchen unless agreed in advance for a risk assessed family activity such as children and parent cooking together on a budget.

3. Use of Premises

3.1.      The Hirer shall not use the Premises for any purpose other than that

described on the Room Hire Booking Form and shall not sub-hire or use or allow the

Premises to be used:-

(i)            for any political rallies or demonstrations or meetings organised by political parties;

(ii)          for purposes which are illegal i.e. be they forbidden by law or unauthorised by official or accepted rules;

(iii)         for functions attended by people whose presence may cause civil unrest or division within the community;

(iv)         by an organisation or individual which has been banned by law;

(v)          for professional entertainment purposes;

(vi)         for commercial or business functions which involve bringing into the premises equipment which operates by means of the application of heat; or

(vii)     for martial arts activities.

3.2       The Hirer shall not do anything or bring onto the Premises anything which may endanger the Premises or render invalid any insurance policies in respect thereof.

3.3      The Council reserves the right to exclude or eject from the Premises any person, and to cancel any booking where it considers:-

(i)            that such events may be contrary to the interest of the general public or

contrary to any law or act of Parliament.  Bookings may be subject to consideration from the police to ensure the safety of the community if appropriate.

(ii)          the users of the Premises may do something that may cause or pose a risk of loss, damage or significant expense to the Council or harm the reputation of the Council.

3.4       The Hirer shall ensure that none of their own equipment, goods or other materials are left on the Premises overnight unless agreed in writing in advance and any such equipment, goods or other materials shall be left at the Hirer’s own risk.

3.5       The Hirer shall have use of designated toilet facilities within the Building.

4. Licences

4.1. The Hirer shall ensure that they have all permits, consents, licences,

permissions, certificates, authorisations and approvals whether of a public or private

nature which shall be required by any authority or person in respect of the event.

4.2       The Premises shall not be used for the sale or supply of intoxicating liquor, or the holding of any public entertainment, theatrical performance, film exhibition, lottery or other similar function without the consent of the Council, and such consent shall be subject to the Hirer first obtaining the necessary licence or permission required under current legislation, and producing this for the scrutiny of the Council if required

4.3       The Hirer confirms that the use of the Premises will not include the playing of pre-recorded music or will provide a copy of the Phonographic Performance Licence to authorise the usage of pre-recorded music before the letting .

5. Health and Safety Compliance

5.1 . The Hirer shall comply with all requests of the Council's staff including the Council’s Health and Safety Team and must supply any documents requested promptly.

5.2. The Hirer shall be responsible for the health and safety aspects of the use of

the Premises during the Period of Hire. Where appropriate, the Hirer must carry out a risk assessment for each event prior to the Period of Hire.

5.3      For Health and Safety monitoring the Hirer must notify the manager of the Building of any accidents or near accidents for inclusion in the Building’s local accident book and for recording on the Council’s online OSHENS system where appropriate.      

5.4. The Hirer shall sign the fire safety signing in sheet and ensure that it is familiar with the:-

            (i)         fire alarm points;

            (ii)        fire evacuation procedures, routes, refuge point and assembly point; and

            (iii)       location of first aid kit             

5.5. The Hirer shall:-

            (i)         ensure clear and unobstructed access and egress is maintained to all emergency exits in the Premises;

            (ii)        ensure fire doors in the Premises are not propped or left open at any time; and

            (iii)       familiarise visitors with the position of fire alarm points, fire evacuation routes, fire refuge points and the fire assembly point.

5.6. The Hirer is advised to carry out a practice evacuation of the Premises to

highlight any points for concern.

6. Electrical Appliance Safety

6.1. The Hirer shall ensure that any electrical appliances brought to the Premises and intended to be used by the Hirer at the Premises  are in good, safe working condition and are PAT tested.

7. Alterations

7.1. The Hirer must not make any alterations to the Premises or any other part of the

Premises without the Council’s prior written consent.

8. Furniture and Equipment

8.1       The Hirer's use of the Premises shall be deemed to include the use of chairs and tables only.

8.2       The arrangement of furniture and/or the use of additional furniture or equipment will require the specific approval of the Council.

8.3       Where additional equipment is required by the Hirer this could be subject to an additional charge.

9. General regulations

9.1 . The Hirer must ensure that no goods which are illegal, counterfeit, dangerous or

deemed to be of an offensive or inappropriate nature (as determined at absolute

discretion of the Council) are displayed or offered for sale on the Premises.

9.2. Any items deemed to be of an offensive or inappropriate nature by the Council

shall be removed from display or sale immediately on the request of the Council.

9.3. Smoking and/or vaping is not permitted in the Building. The Hirer shall ensure

there is no smoking and/or vaping at the Premises.

10. Nuisance

10.1. The Hirer must not do or allow anyone attending their hiring to do anything on

the Premises which is or may become a nuisance to the Council or other hirers or to

the occupiers of adjoining or neighbouring premises.

10.2. The Hirer shall be responsible for requiring any person causing such a

nuisance to leave the Premises and the Building.

11. Children or Vulnerable Adults

11.1.   The Hirer shall ensure that where an event involves activities aimed

predominantly at children or vulnerable adults, they have appropriate safeguarding and child protection policies and procedures in place.

11.2     The Hirer acknowledges that it has read and acknowledges the requirements within the Council’s Safeguarding and Child Protection policy. Policies can be found at the Devon Safeguarding Childrens Partnership Website: The Devon Safeguarding Children Partnership (Devon SCP)

12. Charges, Confirmation and Cancellation

12.1.   The booking will be confirmed on acceptance of the booking on the online booking and approval system.

12.2.   The Council reserves the right to cancel any booking for any reason. Where a

booking is cancelled by the Council, the Council shall incur no liability to the Hirer

whatsoever.

13. End of Hire

13.1. The Hirer shall ensure that the Premises are vacated at the end of the Period

of Hire.

13.2. The Hirer shall ensure the Premises and surrounding area are left in a clean and tidy condition and all equipment, goods and other materials including rubbish are

removed from the Premises and Building at the end of the Period of Hire.

13.3. Kitchen facilities and facilities for the preparation of refreshment are not included in the hiring unless prior consent for the use of such facilities has been given by the Council.  Where such use is permitted the Hirer shall ensure all crockery, utensils, the cooker and the fridge are left in a clean and empty condition.

13.4. Additional charges may apply where the Hirer fails to comply with clause 17.1

and 17.2.

14. Payment and Amount Due

14.1. The Hirer shall make payment of the Amount Due (if any) plus VAT at the point of booking on the online booking system..

15. Insurance

15.1. During the period of the hire, the Hirer shall be responsible for all damages,

losses, claims and costs arising out of their use of the Premises and shall indemnify

the Council from and against any expense liability loss claim or proceedings including claims for personal injury to or the death of any person whatsoever arising out of the course of or caused as a result of the hire except where due to the negligence of the Council or their respective servants or agents.

15.2. The Hirer shall maintain Public Liability Insurance in the sum of not less than £5 million pounds in place for the use the Premises during the Period of the Hire. A copy of the Hirer's Public Liability Insurance Certificate shall be provided to the Council not less than 28 days before the first date of the Period of Hire.

16. Data Protection

16.1. Personal data supplied on the Room Hire Booking Form and the online booking system will be held and will be used in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018 for statistical analysis,

management, planning and in the provision of services by the Council and its

partners.

17. Care of Premises and Equipment

17.1. The Hirer shall ensure no damage is caused or permitted to be caused to the

Premises or any equipment or fittings during the Period of Hire.

17.2. The Hirer shall be responsible for any damage caused or permitted to be

caused to the Premises or any equipment or fittings during the Period of Hire.

17.3    Any damage caused to the Property or to any equipment, goods or materials used must be reported to the manager of the Building.

18. Loss or damage

18.1. The Council shall not be liable for any death injury loss or damage however so

caused to the Hirer, persons using the Premises and/or to their property except for

death or personal injury or damage to property caused by negligence on the part of

the Council or its employees or agents; or any matter in respect of which it would be

unlawful for the Council to exclude or restrict liability.

19. Advertising

19.1. No advertising shall be displayed at the Building without the written permission

of the Council.

19.2. Any artwork or other advertising for the event must be approved by the Council.

20. General Terms

20.1. The Council may from time to time amend or add to the Terms and Conditions

of Hire in writing.

20.2. The Hirer shall ensure that their event/hire complies with all relevant legislation

and regulations.

20.3. The Hirer shall engage with the Council's Safety Advisory Group through the building manager when requested.

20.4. If any provision of this Agreement is held invalid or unenforceable by a court of

competent jurisdiction, the remaining provisions of this Agreement shall remain in

force and effect, and such invalid or unenforceable provisions or portion thereof shall

be deemed omitted.

20.5. No term of this agreement shall be enforceable under the Contracts (Rights of

Third Parties) Act 1999 by a person who is not a party to this agreement, but this

does not affect any right or remedy of a third party which exists or is available apart

from under that Act.

20.6. This Agreement will be governed by and interpreted in accordance with the

laws of England and the English courts shall have exclusive jurisdiction with respect

to any dispute arising under this Agreement.

20.7  Access Arrangements/Opening and locking:  An information sheet regarding access arrangements which will be emailed to you once your booking is confirmed. This will also contain the relevant information on the alarm/locking up responsibilities.