These standard conditions apply to all hiring of Tabley Hill Chapel and a copy should be given to all Hirers. If the Hirer is in any doubt as to the meaning of the following, the Council should immediately be consulted.
- Applications for Hire
All applications to hire must be made using the appropriate booking form Knutsford Town Council reserves the right to refuse any application without stating its reason for doing so.
Applications will not be considered from persons less than 18 years of age.
- Age and Supervision
The Hirer 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.
The Hirer shall, during the period of the hiring, be responsible for: supervision of the premises, the fabric and the contents; their care, safety from damage however slight or change of any sort; and 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 and cemetery. As directed by the Council, the Hirer shall make good or pay for all damage (including accidental damage) to the premises or cemetery or to the fixtures, fittings or contents and for loss of contents.
- Use of premises
The Hirer shall not use the premises or wider cemetery 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 or unsuitable 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.
- 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 Council, 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 Council, 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 the Council and its employees, volunteers, agents and invitees against such liabilities.
(b) The Council shall take out adequate insurance to insure the liabilities described in sub-clauses (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 Council shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified The Council and its 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 Council 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 Council. Failure to produce such policy and evidence of cover will render the hiring void and enable the Council to rehire the premises to another Hirer. Council is insured against any claims arising out of its own negligence.
- 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.
The Hirer shall ensure that the Chapel holds relevant licences under Performing Right Society (PRS) and the Phonographic Performance Licence (PPL) or, where appropriate, the hirer holds a licence.
You must have our written permission for performance of live music and the playing of recorded music under the Deregulation Act 2015.
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.
- Safeguarding children, young people and vulnerable adults
You must ensure that any activities for children, young people and other vulnerable adults are only provided by fit and proper persons in accordance with the Safeguarding Vulnerable Groups Act 2006 and any subsequent legislation. When requested, you must provide us with a copy of your Safeguarding Policy and evidence that you have carried out relevant checks through the Disclosure and Barring Service (DBS).
- 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, and 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 hall’s health and safety policy.
The Fire Service shall be called to any outbreak of fire, however slight, and details shall be given to the Council.
(a) The Hirer acknowledges that they have received 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 when handing over keys.)
- 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.
- Location of the first aid box.
(b) In advance of any activity whether regulated entertainment or not 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 for instant free public exit
- That any fire doors are not wedged open.
- That exit signs are illuminated.
- That there are no obvious fire hazards on the premises.
- That emergency lighting supply illuminating all exit signs and routes are turned on during the whole of the time the premises are occupied (if not operated by an automatic mains failure switching device).
The Hirer shall ensure that the minimum of noise is made on arrival and departure. The Hirer shall, if using sound amplification equipment, ensure that it does not cause nuisance to the wider cemetery.
- Drunk and disorderly behaviour and supply of illegal drugs
The Hirer shall ensure that care shall be taken to avoid excessive consumption of alcohol. No illegal drugs may be brought onto the premises. Drunk and disorderly behaviour shall not be permitted either on the premises or in its immediate vicinity. 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.
- 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.
- 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. Where a residual circuit breaker is provided the Hirer must make use of it in the interests of public safety.
- Stored equipment
The Town Council 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 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 Council may use its discretion in any of the following circumstances:
(a) 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.
(b) 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 Council 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.
The Hirer shall, and shall ensure that the Hirer’s invitees, comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. Any person who breaches this provision shall be asked to leave the premises. The Hirer shall ensure that anyone wishing to smoke does so outside and disposes of cigarette ends, matches etc. in a tidy and responsible manner, so as not to cause a fire.
- Accidents and dangerous occurrences
Any failure of equipment belonging to the Council or brought in by the Hirer must also be reported as soon as possible. The Hirer must report all accidents involving injury to the public to the Council as soon as possible and complete the relevant section in the accident book. Certain types of accident or injury must be reported on a special form to the Incident Contact Centre. The Council will give assistance in completing this form and can provide contact details of the Incident Contact Centre. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).
- 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.
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 Council. Portable Liquefied Propane Gas (LPG) heating appliances shall not be used.
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 Council. No animals whatsoever are to enter the kitchen at any time.
- 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 the Council 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.
- 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.
If the Hirer wishes to cancel the booking before the date of the event the repayment of the fee shall be at the discretion of the Council but in any event a 20% administration fee shall be retained for the processing of any refund.
The Council reserves the right to cancel this hiring by written notice to the Hirer in the event of:
(a) the Council 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 or
- (iii) the premises will not be adequately cared for during the hiring such that it believes damage to the premises or excessive cleaning will be required as a result of the hire or
(iv) such hiring would cause disruption or upset to users of the cemetery
(b) the premises becoming unfit for the use intended by the Hirer
(c) 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 payment already paid, but the Council shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.
- End of hire
The Hirer shall be responsible for leaving the premises and surrounding area (including the wider cemetery) 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 Hirer shall be liable for such additional charge as the Council shall reasonably require.
- 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 Council.
Any alteration, fixture or fitting or attachment so approved shall at the discretion of the Council remain in the premises at the end of the hiring. It will become the property of the Council unless removed by the Hirer who must make good to the satisfaction of the Council any damage caused to the premises by such removal.
The hirer shall be liable for the cost of the repair or redecoration required as a result of damage caused to the property by the installation of any decoration or other fixture.
- No rights
The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer.