Hiring

RYTON VILLAGE HALL HIRING AGREEMENT

Coronavirus: Introduction

Following the easing of lockdown measures caused by the coronavirus pandemic, the subsequent actions taken and the advice, guidance and the legal requirements issued by the Government, and the Management Committee of Ryton Village Hall (HMC) has taken the decision to re-open the Hall again on a restricted basis, starting on 21 June 2021. While it is hoped that all restrictions will have been lifted by then, HMC will continue for a while to maintain the building in as Covid-secure a condition as possible.

The decision to re-open will at all times be informed by the latest Government guidance, which, as HMC acknowledges, is fluid in response to a changing situation and, as a result, any temporary protective procedures may be altered without warning, although every effort will be made to inform all Hirers as far in advance of any changes as possible.

HMC wishes to see the restoration of an important village facility balanced with the need to maintain public health and safety. It is also recognised that the public has become conversant with the need for social distancing, the wearing of face coverings, personal hygiene and the need to act responsibly.

Most HMC members are over fifty years of age and do not wish to place themselves in any danger from potential infection. It is unlikely therefore that most HMC members will attend the building other than in an emergency. The Chair has attended throughout lockdown to conduct security and fire safety checks every week: these will continue.

How Re-opening Will Work

HMC has carried out a full risk assessment, and has drawn up a series of procedures which will be carried out by both HMC and each Hirer – these are outlined in the paragraphs below.

• It is proposed that, where possible, there will be approximately 48 hours between bookings and that any groups or classes will be limited to numbers of attendees (in addition to the hirer themselves) which will allow social distancing to be observed.

• Responsibility for social distancing, personal hygiene and the wearing of face coverings will rest with the hirer and attendees.

• It will also be the responsibility of hirers to obtain and then retain names and contact details of all attendees to assist in any requirement for tracing in the event of potential exposure to Covid-19. Such a list should only be kept for one month following the booking, after which it should be destroyed.

• It is intended that the hall cleaner (who is part-time and self-employed) will attend for 3-4 hours per week, dependent on booking timings. Focus will be upon a thorough cleansing of likely points of physical contact such as doors, door plates, light switches, kitchen surfaces, tables, plastic chairs and toilet facilities. No bookings will be taken that coincide with the attendance of the hall cleaner.

• It will be a condition of hire that hirers and attendees sanitise their hands on entry to and e xit from the building. Hirers must also wipe down any surfaces touched by users during the session. RVH will provide appropriate cleaning products for this purpose.

• A detailed list of responsibilities of both HMC and the Hirer and event attendees can be found in Appendix 4.

• A checklist of what should be cleaned down by the Hirer after each booking is shown at Appendix 5.

Please note that the Standard Terms and Conditions of Hire and Use still apply, and are to be found below.

Standard Terms & Conditions of Hire & Use

These standard Terms & Conditions apply to all those hiring or using Ryton Village Hall. If

the Hirer is in any doubt as to the meaning of the following, the Hall Treasurer or Bookings Secretary should be consulted immediately. Definitions of important terms and assumptions are given in Appendix 3.

1. Age

The Hirer, not being a person under 18 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 the management and supervision of the Premises are met.

2. Supervision

The Hirer shall, during the period of the hiring, be responsible for: the supervision of the Premises, and its fabric and 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 access between the east and west gates.

As directed by the Bookings Secretary, 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. Parents or an authorised adult shall be responsible for their children (ie. anyone under the age of 18) at all times whilst they are on the Premises.

3. Payment & Use of Premises

The Hirer must pay all monies due as follows:

(a) Any deposit due must be paid within 7 days of the booking being made; until the deposit is received into the Hall’s bank account, the booking is not confirmed and may be re-let to another user. The deposit will be refunded within 14 days after the Hiring Date subject to the Building being left in a clean and tidy state, ready for the next user. Reference to the “Handover/Handback” document details further what needs to be done to leave the Building in an appropriate condition.

(b) The Hiring Fee must be paid in cleared funds no later than 14 days prior to the Hiring Date. Failure to comply with this condition could be construed as cancellation of the booking by the Hirer and all liabilities for such cancellation rest with the Hirer.

(c) The payment for repeat block bookings by regular users, where a deposit is not required, and which follow school term timetables, may be made at the end of each half-term block, at the discretion of the Hall Treasurer.

The Hirer shall not use the Premises for any purpose other than that described in this 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 sale of alcohol thereon without written permission and the obtaining of the appropriate licence from the Local Authority.

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 Hall holds a PRS/PPL Licence which permits the use of copyright music in any form, e.g. record, compact disc, tapes, radio, television, film, internet streaming, digital memory devices or by performers in person. If other licences are required in respect of any activity on the Premises the Hirer should ensure that they hold the relevant licence or the Hall holds it.

The Hall does not currently make a charge to users for the playing of live or recorded music on the Premises, but this may change if circumstances require it.

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, 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 (see Appendix 1).

The Hirer acknowledges that they have received instruction (either in person from a member of the Hall Management Committee or by written documentation) in the Fire Safety Procedure (see Appendix 2).

7. 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 Hall has only a small fridge and no freezer; if additional refridgeration is required, it is the responsibility of the Hirer to provide it.

8. 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, have a current Portable Appliance Test certificate and used in a safe manner in accordance with the Electricity at Work Regulations 1989.

A residual circuit breaker is required for the use of any electrical equipment outside the Building. All cables must be secured to avoid there being a trip hazard for all those using the Premises.

9. 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 curtilege thereof or the contents of the Premises

(ii) all claims, losses, damages and costs made against or incurred by the Hall, 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 Hall, its 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 Hall Management Committee and the Hall’s employees, volunteers, agents and invitees against such liabilities.

(b) The Hall 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 Hall shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified each member of the Hall Management Committee and the Hall’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 Hall 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 Bookings Secretary. Failure to produce such policy and evidence of cover will render the hiring void and allow the Booking Secretary to rehire the premises to another hirer. The Hall is insured against any claims arising out of its own negligence.

(d) The Hirer shall arrange for the necessary and appropriate public liability insurances to be in place for the duration of the Hire, particularly with regard to any liability arising from the use of any equipment supplied by a third party (for example, bouncy castles, cooking and electrical equipment, marquees, other machinery).

10. Accidents and dangerous occurrences

The Hirer must report all accidents involving injury to the public to a member of the Hall Management Committee as soon as possible and complete the relevant section in the Hall’s accident book (located in the kitchen). Any failure of equipment belonging to the Hall 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. The Bookings Secretary will give assistance in completing this form if required. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

11. 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 Hall. No decorations are to be put up near light fittings or heaters.

12. 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 Hall. Portable Liquefied Propane Gas (LPG) heating appliances must not be used.

13. Drunk and disorderly behaviour and supply of illegal drugs

The Hirer shall ensure that in order to avoid disturbing neighbours to the Hall and violent or criminal behaviour, care shall be taken for any person not to indulge in 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.

14. Animals

The Hirer shall ensure that no animals (including birds) except assistance dogs are

brought into the Building, other than for a special event agreed to by the Hall. No animals whatsoever are to enter the kitchen at any time.

15. Compliance with the Children Act 198close9

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 Disclosure and Barring Service (DBS) 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 the Hall with a copy of their DBS check and Child Protection Policy on request. All children will be supervised by the Hirer or their representatives whilst on the Premises.

16. 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 Hall 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.

17. 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.

18. 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 showings.

19. Cancellation

If the Hirer wishes to cancel the booking before the date of the event and the Hall is unable to arrange a replacement booking, the question of the payment or the repayment of the fee shall be at the discretion of the Hall. If a booking is cancelled by the Hirer within 7 days of the Hiring Date, then the hiring fee will be retained by the Hall unless the slot can be re-let. Only in situations within 7 days of the Hiring Date where access to the Hall becomes impossible through extreme weather conditions such as heavy snow or flooding, or through damage to the Building, making it dangerous to enter, will the hiring fee be waived or repaid.

The Hall reserves the right to cancel any 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) the Hall 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 the Hall shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.

20. 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 Hall shall be at liberty to make an additional charge.

21. 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 devicebprovided at the Premises and comply with any other licensing condition for the Premises.

22. Stored equipment

The Hall 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.

The Hall 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 Hall 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.

23. 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 Bookings Secretary. Any alteration, fixture or fitting or attachment so approved shall at the discretion of the Hall remain in the Premises at the end of the hiring. It will become the property of the Hall unless removed by the Hirer who must make good to the satisfaction of the Hall or, if any damage caused to the Premises by such removal.

24. No rights

The Hiring Agreement constitutes permission only to use the Premises and confers no tenancy or other right of occupation on the Hirer.

25. Dangerous and unsuitable performances

Performances involving danger to the public or of a sexually explicit nature shall not be given.

May 2021