TERMS AND CONDITIONS OF HIRE JG GRAVES DISCOVERY CENTRE – BUILDINGS & OUTDOOR SPACES
- INTRODUCTION
The letting is permitted by Parks and Countryside (P & C) on the understanding that the following rules, procedures and any specific Sheffield City Council policies provided to you are adhered to at all times. P & C reserve the right to refuse any application to hire facilities without reason to the hirer if they feel such a letting is not in the interest of the Council. The person(s) signing the lettings agreement (or emailing the forms) on behalf of the hirer (‘hirer’) are personally responsible for ensuring these terms and conditions and any other appropriate Council policies and procedures are fully complied with.
- DEFINITIONS
In the terms and conditions, the following words shall have these meanings.
“The Hirer” shall mean the person/persons or body of persons making application for the use of the facility within the control of the Sheffield City Council Parks and Countryside “the Facilities” or any part of its facilities under the direct control of Sheffield City Council.
“Facility/ies” shall mean any building or land under the ownership of the Sheffield City Council Parks and Countryside and its staff at Ecclesall Woods or any part of the facility or number of staff.
“Period of Hire” shall mean the period during which the Hirer is entitled to use any part of the facility or any dedicated member of staff with the confirmed permission of Sheffield City Council.
“Date of Hiring” shall confirm the date on which the Hirer is entitled to use any of the facility.
“The Council” shall mean Sheffield City Council.
“Headings” are inserted for convenience only and shall not affect the construction of this agreement.
“Centre Manager” shall mean the Director of Culture and Environment or nominated representative ie the facilities coordinator.
“Any powers, discretions, rights or obligations of the Council within this Agreement may be exercised or discharged by the Council or any duly authorised Officer of the Council”.
- RESPONSIBILITIES OF HIRER/GROUP LEADER
The Hirer or a person authorised in writing by the Hirer and notified to the Council to be the Group Leader shall:
- Be responsible for the behaviour of the group at all times.
- Be contactable at all times.
- Be on hand to deal with any personal or medical emergency involving one of his/her group.
- If hiring outdoor spaces including wider woodland, oak/birch education areas or craft area hirer/group leader must hold and present relevant insurance, carry out and implement risk assessment and identify 1st aider who will be throughout the time of hire.
- SCALES OF CHARGES
The charges for use of the facility or part of the facility shall be that of the current price schedule agreed by the Council. The Council reserve the right to vary, alter or change these charges without notice.
- PAYMENT
3.1 Terms for payment will be confirmed at the time of booking and can vary or alter at the discretion of the Council.
3.2 Payment shall be made by the Hirer by:
(a) A 20% deposit required for bookings over £250 upon completion of booking form, to secure the booking.
(b) Prepayment in full 4 weeks prior to the event date. The Council reserves the right to specify the method of payment.
(c) Immediately on receipt of invoice issued by the Council.
3.3 Credits for failure by Hirer to use facilities will not be given. Failure to settle the account by the due date will terminate the hire agreement. In the event that the hirer does not agree with an invoice issued, please contact the Centre office immediately.
3.4 All payments shall be in full upon receipt of a Council invoice.
- REFUSAL AND CANCELLATION
6.1 The Council reserve the right:
(a) To refuse any application as it may deem fit without stating any reason. Specifically the Council reserve the right to refuse the hiring of any facility if the proposed purpose is to use the facility for a political meeting or rally; and
- To cancel any booking on giving 7 days’ notice to the Hirer. Upon any such cancellation the Council will refund to the Hirer any monies paid in respect of the booking so cancelled but the Council will not be responsible for any expenditure whatsoever in relation to the booking which the Hirer may have incurred or be liable to pay.
- The Council reserves the right to cease the hiring and retain all hire fees if in the opinion of the Council the Hirer has failed to keep proper order within the facility or anyone invited to the facility has damaged the facility, or the Hirer or anyone invited has made any threat to any member or officer of the Council, or has exceeded the stated capacity for the building, or has failed to pay to the Council the hire fee in the time required by the Council.
- The Council further reserves the right to cease the hiring immediately if the premises are being used for any political purpose or political rally; or has failed to comply with any instructions of the Council; or has not provided insurance cover [if so required by the Council]; or for any other reason the Council in its sole discretion considers reasonable excuse to terminate the hiring with immediate notice.
- In the event that the Council decides to cease the hiring in accordance with paragraphs [c] above or terminate the hiring in accordance with paragraphs [d] or [e] above the Council will not be responsible to the Hirer for any costs incurred by the Hirer with regard to the hiring.
- Provisional booking held for 10 days only.
- The Council reserves the right to risk assess any booking requests and to reject or cancel bookings that contravene these conditions of hire or require event organisers to put conditions in place to ensure the responsible running of events.
- Council owned venues must not be used to promote hate or intolerance, provide a platform for extremists or to disseminate extremist views, or for activities that are likely to undermine community cohesion.
- TRANSFER OF HIRE
The Hirer shall not transfer his/her agreement with the Council to another party under any circumstances.
- ADMISSION
8.1 The Council shall specify the maximum number of persons who will be permitted to use the facility or any part thereof for any purpose and the Council reserve the right to allow all persons authorised by the Council at all times a right of entry to every part of the facility and a right to refuse admission to or remove from the facility.
8.2 The number of persons specified in the group and detailed on the Application Form shall not be exceeded without the express agreement of the Council.
- EQUIPMENT AND PREMISES
9.1 Any equipment owned by the Council and allowed to be used during the period of hire shall be returned to the place it was found at the end of the period of hire. The Hirer will be responsible for replacing any equipment owned by the Council that is removed from the facility by the Hirer or anyone acting under the supervision of the Hirer. Equipment is to be returned to the premises in the condition that it was found, see also section 9.10.
9.2 Any part of any facility used during the period of hire shall be left in a tidy and orderly condition at the end of the period of hire. The Hirer must not bring their own equipment on to site without the permission of the Council, in addition, any electrical appliances must be PAT tested. Any equipment brought onto the facility shall be removed at the end of the period of hire or, if the facilities are used regularly by the Hirer, placed in secured storage so as not to be a nuisance to other users. If equipment is not able to be stored away securely it may be used by all users of the facilities. The Council is not responsible for any equipment left and then used by other users of the facility.
9.3 Large items of equipment (eg tables, chairs, fridges, etc) should not be left on the Premises without prior permission from the Council. Any large item of equipment allowed to be kept on the premises should be for the benefit of all users of the Premises.
9.4 The Hirer of the Facilities should leave it in a clean condition at the end of the period of hire. The Council reserve the right to charge an additional fee for hiring sufficient to cover the reasonable costs of additional cleaning of the facility.
9.5 The Hirer shall not carry out any alterations or repairs to the facilities without prior permission from the Council. Any agreed improvements to the facilities must be undertaken to the benefit of all users of facilities.
9.6 The Hirer shall not affix anything to the interior or exterior of the facilities that will cause damage to the finishes or fittings. Notice boards may only be attached to walls if prior permission has been sought from the Council and such notice boards may be used by all users of the building.
9.7 All necessary steps should be taken to ensure the security of the facilities including the locking of any doors, windows and gates and the proper setting of any burglar alarms and any other security measures. Failure to secure the building will result in the Hirer being responsible for any additional or costs incurred by the Council and other facility users.
9.8 The Hirer is held responsible for the effective arrangements of the activities in any part of the facility during the period of hire and is responsible for the supervision, behaviour and safety of those attending any event they hold, this includes the management of vehicles on and around the site, minimising trip and slip hazards, crowd control, providing the appropriate number of attendants, noise levels and general behaviour. Addressing these and any other safety issues should form part of the Hirers risk assessment for the event or activity.
9.9 All activities in the facility should be carried out in such a manner as to promote equality of opportunity for all sections of the community in support of the Council’s Equal Opportunities Policy.
9.10 The Hirer will be responsible for contacting the Centre manager to make good any damage done to the facilities or equipment by the Hirer, employees, volunteers, agents or members of the public using the premises under the supervision of the Hirer and is responsible for any charge incurred.
9.11 The Hirer will be responsible for contacting the Centre manager promptly to report any repairs that they are made aware of during the period of Hire. For persistent problems or problems that could affect other users please also notify the Community Partnerships Team.
9.12 On arrival at the premises the Hirer will acquaint themselves immediately with the following:
- FIRE EVACUATION PROCEDURE & ASSEMBLY POINT
- FIRE DOORS & FIRE APPLIANCES
- TELEPHONE & EMERGENCY CONTACT DETAILS
In the event of a fire dial 999 – evacuate the building immediately and assemble at the designated evacuation point.
It is the Hirer’s responsibility to have a register of attendees at the event and take a roll call to see that everyone is out of the building. If anyone is missing, advise the Fire Brigade immediately upon their arrival.
9.13 The Hirer shall abide by all relevant Health and Safety legislation and
familiarise themselves with any safety requirements and all appropriate policies, procedures and risk assessments provided by or available upon request from the Council.
9.14 The Hirer shall consider people living near to the building and shall:
- Not play loud music after 9 pm (without permission of Centre manager and application of a temporary events notice).
- Leave the building quietly so as to minimise disturbance.
- All buildings shall be vacated by 45 pm.
- ADVERTISING
10.1 No function or event shall be advertised or announced until the completed Application Form has been accepted by the Council.
10.2 No person shall fix or exhibit any advertisement in or upon any part of the facility without the previous consent of the Council and for this purpose the Hirer shall submit to any authorised person from the Council for approval one copy of the notice or advertisement to be used in connection with the function or event for which any part of the facility is to be used.
- The Council reserves the right to immediately terminate the hiring if at its sole discretion any advertisement for use of the facilities offends good taste and decency or any policy of the Council. The Council will not be responsible for any costs incurred by the Hirer.
- ADEQUATE INSURANCE
11.1 In most circumstances the Council does not insure Hirers against personal injury, accident or loss or damage to personal or third party property and the Hirer shall be responsible for the obtaining and paying for Public Liability Insurance. However, for further details please refer to the section at the end of this document entitled INSURANCE REQUIREMENTS.
The Hirer shall:
11.2 Repay to the Council on demand the cost of reinstating or replacing any part of the facility or any property in or upon the facility which shall be damaged, destroyed, stolen or removed during the period of hire; if hiring for an evening celebration (excluding wedding reception) or event a damage deposit of £200 is payable before the date of hire by debit card and
11.3 Indemnify the Council against all claims, demands, actions or proceedings in respect of the death or injury howsoever or by whosoever caused of or to any person while carrying out his duties which shall occur while such person is in or upon any part of the facility. The Hirer shall further indemnity the Council in respect of any loss or damage suffered or sustained by any person in consequence of such death or injury.
- LOST PROPERTY
The Council, their officers, agents or personnel shall not in any circumstances be responsible to the Hirer or any other person for damage to or the loss, theft or removal of any property brought or left by any person (including the Hirer) in or upon any part of the facility (including any cloakroom or dressing room) and the Hirer shall indemnify the Council, their officers, agents or personnel from and against all claims, demands, actions and proceedings in respect of any such damage, loss, theft or removal or any loss sustained by any person in consequence of such damage, theft or removal.
- PARKING
Motor vehicles shall not be parked and bicycles shall not be left in any ‘ways’ access or egress routes or emergency exits of the facility. The Council, their officers, agents and personnel shall not in any circumstances be responsible to the Hirer or any other person for damage to or the loss, theft or removal of any motor vehicle or bicycle (including the Hirer). The Hirer shall indemnity the Council, their officers, agents or personnel from and against all claims, demands, actions and proceedings in respect of any such damage, loss, theft or removal or any loss sustained by any person the consequence of such damage, theft or removal.
- DRUGS, SMOKING AND GAMBLING
The taking of drugs or is not acceptable at any time, by anyone on a Council site involved in any type of Council letting. Therefore drugs must not be brought on to, sold or taken on the premises. Gambling of any sort is not permitted under the terms of the letting agreement. Smoking is allowed only in areas outside the buildings where indicated.
15. PERFORMING RIGHTS SOCIETY
Application must be made to this society where copyright material is to be used; it is the Hirer’s responsibility to comply with all appropriate laws.
- LICENCES
A licence may be required for certain events involving the sale of alcohol, it is the Hirer’s responsibility to ensure they have any appropriate licence in place, give a copy to the Centre manager prior to the event and follow its requirements. The venue is licensed for music or singing events, plays or dancing.
- CHILDREN
17.1 In the event that arrangements have been made to allow the facility to be used for a course or activity for any child [person under the age of 18 years], the Hirer shall be responsible for ensuring that there are current child protection policies and CRB checks are in place if appropriate. The Hirer will remain responsible for the child at all times.
17.2 Except in respect of the statutory requirements of the Council the Hirer, or person authorised in writing by the Hirer and notified to the Council as group leader, shall be and remain in charge of the persons including children in the group. The Hirer and/or Group Leader shall ensure that all persons in the group are at all times well behaved and adhere to any reasonable request made by the Council.
- MEDICAL CONDITIONS/DISABILITIES
The Hirer shall be responsible for ensuring individual persons in their group are able to access and use the facilities as booked by the Hirer. The Council reserves the right to regretfully prevent any person from accessing any individual facility if in the opinion of the Council the individual could be at risk due to the nature, construction or layout of the facility.
- FOOD AND ALCOHOL
The Hirer shall ensure that the Council’s Environmental and Regulatory Services Department, Food Hygiene Section has been consulted if food is to be prepared within the facility. The Hirer is personally responsible for obtaining all necessary Food Hygiene Consents and for compliance with such consent.
Except with the written consent of the Council, and subject to any further conditions which may be attached to such consent (such conditions if imposed will be read with this contract) no alcohol may be sold or consumed within the facility.
- FLAMMABLE SUBSTANCES
The Hirer shall ensure that cylinders of compressed gas, explosives or highly flammable substances (including canisters of liquefied petroleum gas), candles and fireworks shall not be brought into or stored or used on the premises.
- BREACH OF TERMS AND CONDITIONS
If the Hirer fails to observe or perform in any respect the terms and conditions hereinbefore stated the Council may without notice determine the Hirer’s rights under the Contract. Such determination shall not release the Hirer from any of his obligations under the Contract or affect any right or remedy which the Council may have under the Contract or otherwise.
- COMPLETION OF FORMS AND ENQUIRIES
All forms must be fully completed and either signed and posted to:
Facilities Co-ordinator, Sheffield City Council, Woodland Discovery Centre, Ecclesall Woods, Abbey Lane. Sheffield, S7 2QZ,
Or emailed to woodland.discovery @sheffield.gov.uk – the form will be deemed to be signed if it is emailed and a live signature may be requested prior to the booking
Prices are subject to periodical review. Customers will be given notice in advance of any price increases.
VAT at 20% is included where applicable.
- Daily rates normally apply between 9.00 am – 5.00 pm (OR 8.30-4.30)
- Half day bookings EITHHER 8.30-12.30 OR 1-5
- You will be required to make a payment in full 4 weeks prior to the use of the facility using the epay code below:
Refreshments & buffet lunches can be arranged via the woodland coffee stop-
Erica Tingle thewoodlandcafe@gmail.com
CONTACT LIST
Any enquiries / buildings issues
In the event of any queries contact the centre coordinator on 0114 2356348
Intruder Alarm for Regular Users
If the intruder alarm is activated please contact:
Sheffield Monitoring, you will receive the number during induction, if necessary.
Failure to call Sheffield Monitoring if on site when an alarm is activated will result in a call out charge of £60:00. Failure to secure the building resulting in alarm activation will also incur a call out charge.
INSURANCE REQUIREMENTS
Information for Hirers of Council Facilities
What Insurance should you have?
You must have public liability insurance with an indemnity level of at least £5m, although increased levels may be expected for high-risk activities.
If you have any employees or volunteers, you will be expected to have employers liability insurance with an indemnity level of at least £10m.
You may choose to take out insurance to provide cover in case the event is cancelled or to cover equipment that you are using but this is not mandatory.
In exceptional circumstances Sheffield City Council may provide cover for certain low risk activities. This is only intended to be given to individuals, community groups, TARAs etc. for low-risk activities such as routine meetings, craft groups etc. A £250 excess applies to any claim which the hirer is expected to meet.
Why do you need Insurance?
In the event that someone suffers an accident at your event, or someone’s property is damaged they may make a claim against you. The insurance will meet the costs of any compensation that you are liable to pay along with the costs of instructing solicitors etc.
Where can you get Insurance?
You can approach any UK insurer or insurance broker for insurance. The Council’s insurance brokers have set up a facility for hirers to arrange insurance online with Hiscox. This facility can be accessed at the following web address: www.hiscox.co.uk/events/1279
How much will Insurance Cost?
The cost of the insurance will vary depending on the nature of the event/activities etc. In order to establish the cost you need to obtain a quote from an insurer or insurance broker.
Other Parties Participating in the Event/Activities
You must obtain proof that any other parties taking part in your event/activities have their own insurance. Other parties might include, entertainers, caterers, security companies, first aid providers, retailers etc.
Proof of Insurance
If requested by the Council, you will be expected to provide an insurance certificate or letter from your broker confirming full details of the insurance arrangements and proof that the premium has been paid.