Llanelian Community Association Management Committee informs Hirers of the Hall that by signing an agreement to use the Hall they are entering into a contract that could be used in evidence should legal action become necessary.
DATE: 1st August 2024.
PARTIES
(1) Llanelian Community Association Management Committee, referred to as LCAMC.
(2) The person or organisation hiring the Hall as shown on the Booking Form AGREED as follows:
- Throughout this Agreement: Llanelian Community Association, where referred to as “we”; “our”, is to be construed accordingly and “we” and “us” mean and include the Village Hall’s charity trustees.
The person or organisation named as hirer on the Booking Form is referred to as “you”; and “your” is to be construed.
Where you must seek our consent, tell us about something or give us something, you must speak to and seek consent from the Reservations Secretary or, if the Reservations Secretary is not available, any of our Trustees. - In consideration of the hire fee described in the booking arrangements, we agree to permit you to use the premises for the purpose described and for the times described in the Booking Form. The details inserted in sub-clauses 2.1 to 2.6 below and the answers to the questions in sub-clauses 2.7 to 2.11 are terms of this Agreement. This Agreement includes the annexed Standard Conditions of Hire and the Special Conditions of Hire (if any) set out in the attached Schedule.
2.1 Date(s) required: these are the dates and times entered on the completed booking form:
Day(s) Month
Time required (Hours) From
2.2 Hirer: as named on the booking form where contact details are also entered:
(a) Name
(b) Organisation
(c) Name of Organisation’s Authorised Representative Address, Telephone Numbers & Email
2.3 Hire Fees: as indicated on the booking form with reference to charges shown there. The Committee reserve the right to require a surety when large numbers are involved.
In the event of any termination by us, we will refund to you all monies paid by you to us. We will not, however, be liable to make any further payment to you in respect of expenses, costs or losses incurred directly or indirectly by you in relation to any such termination.”
2.4 Premises: The booking agreement covers the part(s) of the premises specified on the booking form.
2.5 Purpose/description of hiring: these purpose are specified on the booking form
2.6 Will tickets be sold for your event? Yes / No
2.7 Is food to be provided at the event? Yes / No
2.8 Is alcohol to be provided at the event? Yes / No - You agree not to exceed the maximum permitted number of people per room including the organisers/performers:
Main Room: 60 persons seated, 80 persons standing - You agree with us to be present (by your authorised representative, if appropriate) during the hiring and to comply fully with this Agreement.
- We and you hereby agree that the Standard Conditions of Hire (see below), together with any additional conditions imposed under the Premises Licence or that we deem necessary, form part of the terms of this Agreement unless we and you agree in writing.
- None of the provisions of this Agreement are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party to this Agreement.
As signed on the booking form, duly authorised by LCAMC.
As signed by the Hirer as described on the Booking Form.
Standard Conditions of Hire
If you are in any doubt as to the meaning of any of the Conditions, you must seek clarification from us without delay.
- Age
You, not being a person under 18 years of age, hereby accept responsibility for being in charge of and on the premises at all times when the public are present and for ensuring that all Standard Conditions under this Agreement relating to management and supervision of the premises are met.
- Supervision
During the period of the hiring, you are responsible for:
(i) supervision of the premises, the fabric and the contents;
(ii) care of the premises, safety from damage however slight or change of any sort; and
(iii) 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.
As directed by us, you must 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.
- Use of premises
You must not use the premises, including the car park, for any purpose other than that described in the Agreement and must 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 on to the premises anything which might endanger the premises or render invalid any insurance policies covering the premises nor allow the consumption of alcohol without our written permission.
- Insurance and indemnity
(i) You are liable for:
(a) the cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including its curtilage or its contents
(b) the cost of repair of any damage (including accidental and malicious damage) done to our Wi-Fi service.
(c) all claims, losses, damages and costs made against or incurred by us, our employees, volunteers, agents or invitees in respect of damage or loss of property or injury to persons arising as a result of your use of the premises (including the storage of equipment) and your use of our Wi-Fi service, and
(d) all claims, losses, damages and costs made against or incurred by us as a result of any nuisance caused to a third party as a result of your use of the premises and/or the use of our Wi-Fi service, and subject to sub-clause (ii), you must indemnify us against such liabilities.
(ii) We will take out adequate insurance to insure the liabilities described in subclauses (i) (a) and (b) above and may, in our discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (i)(c) and (d) above.
We will claim on our insurance for any liability you incur but you must indemnify us against:
(a) any insurance excess incurred and
(b) the difference between the amount of the liability and the monies we receive under the insurance policy.
(iii) Where we do not insure the liabilities described in sub-clauses (i)(c) and (d) above, you must take out adequate insurance to insure such liability and on demand must produce the policy and current receipt or other evidence of cover to our Hall Secretary. If you fail to produce such policy and evidence of cover, we will cancel this Agreement and re-hire the premises to another hirer.
We are insured against any claims arising out of our own negligence.
- Gaming, betting and lotteries
You must ensure that nothing is done on or in relation to the premises in contravention of the law relating to gaming, betting and lotteries.
- Music copyright licensing
You must ensure that we hold relevant licences under Performing Right Society (PRS) and the Phonographic Performance Licence (PPL) or, where appropriate, you must hold such licence(s).
- Music
You must have our written permission for performance of live music and the playing of recorded music under the Deregulation Act 2015. This Agreement confers that permission.
- Film
You must restrict children from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification. You must ensure that you have the appropriate copyright licences for film. This Agreement confers the required permission on you. (The Deregulation Act 2015 requires you to have our written permission to show a film). The television is not to be used, without permission.
- 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
You must comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, and our 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.
You must also comply with our health and safety policy.
You must call the Fire Service to any outbreak of fire, however slight, and give details to our Hall Secretary.
(i) You acknowledge that you 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.
Location of fire-fighting equipment is detailed on the Noticeboard under ‘Instructions’: Item 3 – Fire Precautions (instructions for use are on the appliances).
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 first aid boxes: on the right on entering the kitchen with the accident book.
(ii) In advance of any activity whether regulated entertainment or not you must check the following items:
That all fire exits are unlocked and panic bolts are 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 fire-hazards on the premises.
- Noise
You must ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. You must, if using sound amplification equipment, make use of any noise limitation device provided at the premises and comply with any other licensing condition for the premises.
- Drunk and disorderly behaviour and supply of illegal drugs
You must ensure that in order to avoid disturbing neighbours of the hall and avoid violent or criminal behaviour:
(i) no one attending the event consumes excessive amounts of alcohol
(ii) no illegal drugs are brought onto the premises.
Drunk and disorderly behaviour is not permitted either on the premises or in its immediate vicinity. We will ask any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way to leave the premises in accordance with the Licensing Act 2003.
- Food, health and hygiene
You must, 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.
- Electrical appliance safety
You must ensure that any electrical appliances brought by you to the premises and used there are 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 you must make use of it in the interests of public safety.
- Stored equipment
We accept 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 we will charge fees each day or part of a day at the hire fee per hiring until the same is removed.
We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances:
(i) your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended
(ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.
- Smoking
You must comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. We will ask any person who breaches this provision to leave the premises. You must 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
You must report to us as soon as possible any failure of our equipment or equipment brought in by you. You must report all accidents involving injury to the public to us as soon as possible and complete the relevant section in our accident book. You must report certain types of accident or injury on a special form to the Incident Contact Centre. Our Hall Secretary 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 2013 (RIDDOR). Incident forms will be found on the right on entering the kitchen.
- Explosives and flammable substances
You must ensure that:
(i) Highly flammable substances are not brought into, or used in any part of the premises.
(ii) No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) are erected without our consent.
- Heating
You must ensure that no unauthorised heating appliances are used on the premises when open to the public without our consent. You must not use portable liquefied propane gas (LPG) heating appliances.
- Animals
You must ensure that Guide dogs, Hearing dogs and assistance dog owners are allowed on the premises.
- Fly posting
You must not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the premises, and must indemnify and keep indemnified us accordingly against all actions, claims and proceedings arising from any breach of this Condition. If you fail to observe this Condition you may be prosecuted by the local authority.
- Sale of goods
You must, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales. In particular, you must ensure that the total prices of all goods and services are prominently displayed, as must be the organiser’s name and address and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices.
- Wi-Fi Services
When using the Wi-Fi service you agree at all times to be bound by the following provisions:
(i) not to use the Wi-Fi service for any for the following purposes:
(a) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
(b) transmitting material that constitutes a criminal offence or encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
(c) interfering with any other persons use or enjoyment of the Wi-Fi service; or
(d) making, transmitting or storing electronic copies of material protected by copyright without permission of the owner;
(ii) to keep any username, password, or any other information which forms part of the Wi-Fi service security procedure confidential and not to disclose it to any third party.
- Termination of the Wi-Fi service
We have the right to suspend or terminate our Wi-Fi service immediately in the event that there is any breach of any of the provisions of these Standard Conditions including without limitation:
(i) if you use any equipment which is defective or illegal;
(ii) if you cause any technical or other problems to our Wi-Fi service;
(iii) if, in our opinion, you are involved in fraudulent or unauthorised use of our Wi-Fi service;
(iv) if you resell access to our Wi-Fi service; or
(v) if you use our Wi-Fi service in contravention of the terms of these Standard Conditions.
- Availability of Wi-Fi Services
(i) Although we aim to offer the best Wi-Fi service possible, we make no promise that the Wi-Fi service will meet your requirements. We cannot guarantee that our Wi-Fi service will be fault-free or accessible at all times.
(ii) It is your responsibility to ensure that any Wi-Fi enabled device used by you is compatible with our Wi-Fi service and is switched on. The availability and performance of our Wi-Fi service is subject to all memory, storage and any other limitations in your device. Our Wi-Fi service is only available to your device when it is within the operating range of the main hall.
(iii) We are not responsible for data, messages, or pages that you may lose or that become misdirected because of the interruptions or performance issues with our Wi-Fi service or wireless communications networks generally. We may impose usage, or service limits, suspend service, or block certain kinds of usage in our sole discretion, to protect other users of our Wi-Fi service. Network speed is no indication of the speed at which your Wi-Fi enabled device or our Wi-Fi service sends or receives data. Actual network speed will vary based on configuration, compression and network congestion.
- Privacy and Data Protection
(i) We do not collect or store any personal data through your use of our Wi-Fi service.
- Cancellation
If you wish to cancel the booking before the date of the event and we are unable to conclude a replacement booking, we will, at our complete discretion, require payment of the hire fee.
We reserve the right to cancel this Agreement by giving you written notice in the event of:
the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;
on reasonably considering that:
(a) such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or
(b) unlawful or unsuitable activities will take place at the premises as a result of this hiring;
(c) the premises becoming unfit for your intended use;
(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 you will be entitled to a refund of any deposit already paid, but we will not be liable to you for any resulting direct or indirect loss or damages whatsoever.
- End of hire
You are 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 we may make an additional charge.
You are responsible for removing rubbish as we do not have a refuse collection service. Black bags are provided for use for recyclable and non-recyclable rubbish.
- No alterations
You must not make any alterations or additions to the premises nor install or attach any fixtures or placards, decorations or other articles in any way to any part of the premises without our prior written approval. In our discretion, any alteration, fixture or fitting or attachment which we have approved may remain in the premises at the end of the hiring. Such items will become our property unless you remove them and you must make good to our satisfaction any damage you cause to the premises by such removal.
- No rights
This Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on you.
Fire Safety Guidance and Emergency Plan for Hirers
Safety Guidance
YOU, THE HIRER, are the RESPONSIBLE PERSON in the event of a Fire or an Emergency in Llanelian Village Hall during your hire of the Village Hall.
At all times Llanelian Village Hall is in use, the RESPONSIBLE PERSON must be in charge and ready to take control of any incident.
Please read and become familiar with these instructions.
Your priority should be to save lives and not the building.
Before your event starts:
Check that the Village Hall ‘Fire Exit’ lights are working.
Check that all Village Hall ‘Fire Exit’ routes are not blocked.
Check that you know the location of all fire fighting equipment and their use.
Check that all electrical and extensions brought by you are safe to use.
Inform all of your attendees of the Village Hall’s ‘Fire Exits’ and the ‘Assembly Point’.
During your event:
Count the number attendees at your event
Ensure that the Village Hall’s ‘Fire Exit’ routes do not become obstructed.
Brief any disabled people and/or their assistants regarding their best evacuation route in case of fire or an emergency.
Ensure that emergency services vehicles have clear access route to the Village Hall from the car park.
Ensure that your event attendees do not engage in any activity that it is likely to cause a fire e.g. smoking, use of candles or other naked flames.
Be vigilant regarding any smells of burning or gradual buildu-p of smoke
Emergency Plan:
In the event of a Fire or some other emergency: TAKE COMMAND
Give loud and clear instructions
Tell everybody to:
1 Immediately evacuate the building using the nearest available exit in an orderly manner and give assistance to Hall users with visual or hearing difficulties and wheelchair users as necessary.
2 Gather at the ‘ASSEMBLY POINT’ in the car park and wait for you
3 Start the Village Hall fire alarm
4 Do not attempt to tackle a fire unless trained and confident to do so.
CALL THE FIRE BRIGADE – DIAL 999 and give this address:
Llanelian Village Hall
Llanelian
Colwyn Bay
LL29 8YA
5 Check every Village Hall room that it is safe to do so, to ensure that everyone has left the building
6 Fire extinguishers should be used to clear a safe passage to a fire exit
7 Once outside, at the Assembly Point, check everyone is accounted for
8 Check that car park is clear for emergency service vehicles
9 Do not allow anyone to enter the Village Hall until a Fire Officer tells you it is safe to enter
10 Contact a member of Llanelian Community Association:
Lew Arnold – 07759101110
Ann Dickenson – 07980920459
Gwyn Jones – 07765828323