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Conditions of hiring Council land

1. Definitions

1.1 "Application Form" means the application form submitted by the Hirer to the Council                 

1.1 "Conditions" means these booking conditions of hire which shall form part of the Contract between the Council and the Hirer

1.2 "Council" means the Council of the Borough of South Tyneside and includes its successors in title and assignees

1.3 "Due Date" means 28 days prior to the date of the Event

1.4 "Event" means the purpose for which the Venue has been booked as detailed in Section 3 of the Hirers Application Form

1.5 "Hirer" means the individual or the Company or the representative of the organisation booking the Event whose name appears on the Application Form submitted to hire the Venue.  This booking is personal to the Hirer and they may not transfer or sublet this consent to any other person.  Where the Hirer is a Club Company or other body corporate or unincorporate and is named in the Application Form then there shall be joint and several liability between the body and the person who signed the Application Form

1.6 "Corporate Lead - Area Management" means the Corporate Lead - Area Management for the time being of the Council or his/her duly Authorised Officer

1.7 "Period of Hire" means that period stipulated within Section 2 of the Application Form from the Commencement Time of initial entry to the facility until the Termination Date and time

1.8 "Venue" means the facility booked for the Event including the immediate surrounding area open to the public and which was the subject of the Application Form submitted by the Hire

2. Payment

2.1 Payment of all fees and charges must be made in full prior to the Due Date.  If payment is not received the Council shall have the right to cancel the booking immediately

2.2 The Hirer will be liable for the full cost of the provision of any services (where available) by the Council, e.g. electricity, water, marking pitches etc over and above the hire charge for the Event.  All such direct costs will be invoiced to the Hirer as they arise

3. Deposit

3.1 A deposit may be requested which, if required, shall be paid to the Council 28 days prior to the Event. The Deposit will be forfeited in the event of any damage or loss to the Venue, or held as part payment of any necessary making good or unpaid direct costs.  The Hirer will be liable for the full costs of any damage, so should this exceed the deposit the Council will issue an account

3.2 The Council will be the sole judge of any loss or damage for the purpose of 3.1 above and of the amount to be paid by the Hirer in respect thereof

4. Refusal of Booking and Cancellation

4.1 The Council reserves the right to refuse any application for the hiring of a Venue without being required to give any reason for such refusal

4.2 The cancellation by the Hirer of a booking must be in writing and the effective date will be the receipt of such information by the Council's Corporate Lead - Area Management. On cancellation of the booking the Hirer shall be liable to the Council for the whole of the hire charge together with any additional expenses incurred by the Council subject to the discretionary power of the Corporate Lead - Area Management to vary this provision in appropriate cases.

4.3 Hirers who do not take up their commitment for any reason or fail to notify the Corporate Lead - Area Management and  in writing of cancellation shall forfeit any hire charge paid and shall be liable to the Council for the whole of the hire charge together with any additional expenses incurred by the Council

4.4 Substitution and amendments of the nature of the booking must be notified in writing to the Corporate Lead - Area Management who reserves the right either to cancel the booking or amend the hire fee as he/she considers appropriate.  In the event of such cancellation the Hirer shall be liable as stated in clauses 4.3 and 4.4 above

4.5 The Council accepts no responsibility for the non-arrival by the Due Date of application forms remittances or cancellations

5. Emergencies

5.1 The Council shall have the right to cancel any booking forthwith in the event that the Venue is affected by an emergency of any kind.  In such circumstances the Council will consider re-funding part or all of any fees or charges paid but the amount, if any, shall be at the Council's sole discretion

5.2 In the event that the Council considers it appropriate to cancel a booking in accordance with 5.1 above it shall be under no liability for any direct or consequential loss damage cost and expense of any kind whatsoever sustained by the Hirer as a result of the cancellation

6. Use of the venue

6.1 The Hirer shall keep the Venue clean and tidy and shall ensure that the Venue is regularly litter picked during the Event.  The Hirer shall further ensure that the Council's obligations under the Environmental Protection Act 1990 - Code of Practice on Litter and Refuse, are discharged

6.2 All litter and refuse generated by the Event shall be removed from the Venue by the Hirer

6.3 The Hirer must at all times take good care of the Venue and will be responsible for any damage to the Venue or any part of it or any equipment or other property of the Council whether forming part of the hire or not

6.4 The property of the Hirer, and the Hirer's agents, must be removed at the end of the Period of Hire or by a time and date to be agreed with the Corporate Lead - Area Management. The Council accepts no responsibility for any property left on the Venue before, during or after the hire period

6.5 If the Hirer fails to perform any of its obligations set out in clauses 6.1, 6.2. and 6.3 above the Council reserves the right to perform any such obligations, and any costs incurred by the Council in the performance of such obligations shall be borne by the Hirer

6.6 The Hirer is responsible for the administration, organisation, and running of the Event and for having sufficient stewards and officials to fulfil these Conditions

6.7 The Hirer is responsible for the supervision and control of Event participants, officials, visitors and spectators

6.8 The Hirer shall not be permitted to remove or obscure Council notices or placards displayed on the Venue without the prior written consent of the Council

6.9 Where it has been necessary to make a Road Closure Order the Hirer shall ensure the road closure equipment provided by the Council is not moved and shall maintain the integrity of the closure

6.10 The Hirer shall not interfere with or attach anything to any item of street furniture or park furniture

6.11 The Hirer shall not excavate or drill pinning holes into the Venue except with the prior written consent of the Council

6.12 The Hirer shall ensure that any unwanted liquids are removed from the Venue and not disposed of into the sewage system or on the Venue

6.13 The Hirer shall ensure that no vehicles are parked or driven across any grassed area or public footpath located within the Venue except as otherwise expressly stated in the Application Form

6.14 The Hirer shall ensure, subject to clause 6.13 above, that pedestrians are allowed unrestricted access along any public footpath located within the Venue

6.15 The Hirer shall not interfere with or make any alteration to the layout structure or arrangement of the Venue without the prior written consent of the Council

6.16 Where the Council has agreed that the Venue shall be used for a fun fair then the Hirer shall supply full details for all side shows and rides prior to the Due Date and shall comply with and ensure that the operators of the rides comply with the guidance given in the publication of Fairgrounds and Amusement Parks - Guidance on Safe Practice published by the Health and Safety Executive, (HSG 175) and all other statutory requirements

6.17 The Hirer shall ensure that no noise nuisance shall be caused to occupiers of property surrounding the Venue or users of the immediate surrounding area of the Venue

6.18 The Event must cease and all clearing up operations must be completed by the times stipulated in Section 2 of the Application Form

6.19 The Hirer agrees to comply with any requirements of the head of Highways and Transport regarding traffic management arrangements

6.20 The Hirer shall not bring into the Venue any article of an inflammable or explosive character that produces an offensive smell, or CFC or any oil, electrical, gas or other apparatus without the written approval of the Council

6.21 The Hirer shall obtain approval from the Council for the use of generators at the Event.  If such approval shall be granted the Hirer must ensure that any generators permitted at the Event are operated in a safe manner and are segregated from the public or are protected by suitable covers or barriers so as to prevent access by members of the public

6.22 The Hirer shall not bring, place or erect any sign, furniture, fitting, or structure nor place or fix any additional or decorative lighting in or on any parts of the Venue without the prior written consent of the Council

6.23 The use of any public address system at the Event must be first agreed in writing by the Council and must be operated so as not to cause a noise nuisance in breach of clause 6.17 above.  Any necessary licences must be obtained by the Hirer

6.24 The Hirer shall repay to the Council on demand the cost, as certified by the Corporate Lead - Area Management, of reinstating, repairing, replacing or cleansing any part of or property in the Venue if damaged, destroyed, stolen, removed or defaced, prior to, during or subsequent to, the Period of Hire, if related to or by reason of the hiring.  The Council's valuation of any damage/loss is final

7. Right of Entry

7.1 Authorised Council Officers shall be permitted free and uninterrupted entry to the Venue at all times during the Period of Hire

7.2 The Council reserves the right to terminate the hiring forthwith upon discovering any breach of the Conditions by the Hirer or upon refusal to observe its reasonable instructions.  In such an event no reduction in the hiring charge will be made and no compensation shall be payable by the Council

7.3 The Council reserves the right to refuse admission to or evict any person from the Venue

7.4 The Council reserves the right to fix a maximum limit for the number of persons attending the Event

8. Assignment

The booking shall be personal to the Hirer and the right to use the Venue shall not be sub-let assigned or otherwise transferred; the Hirer shall not assign the benefit or burden of any part of the Agreement or sub-let or sub-contract any part of the facility without the prior written consent of the Council

9. Prohibition

The Hirer shall not stage or engage in any activities that might be deemed to be ancillary to the main purpose of the booking, e.g. catering, stalls, raffles, and any other fund-raising, income earning activities without the prior written consent of the Council

10. Broadcasting and Television

The Hirer may not carry out or allow or permit to be carried out any photography, filming, video recording, taping, television or radio broadcasts, or any other recording of any kind of the Event during the Period of Hire without the prior written consent of the Council.  If such consent is given the Council reserves the right to be a party to any negotiations and the terms and conditions of any agreements reached and to share any income and profits derived therefrom

11. Advertisements

11.1 No advertising material may be issued nor tickets sold until such time as a binding agreement to hire has been made on payment of the hire charge and issue of an official letter of confirmation

11.2 Any contravention of the Town and Country Planning (Control of Advertisements) Regulations 1992 or any amendments or variation thereto may be deemed a reason for the cancellation of the hiring or series of hiring.  If there shall be any contravention of these requirements, howsoever, wheresoever, and by whomsoever caused, permitted or made then the Hirer shall reimburse or refund to the Council the cost of removing any such unauthorised or illicit advertisements or advertising material

12. Fly Posting

12.1 No advertisement is to be posted anywhere on the Venue or elsewhere in the Borough of South Tyneside unless it conforms to the permitted displays authorised by the Town and Country Planning (Control of Advertisements) Regulations 1992

12.2 A deposit may be required as a security against the occurrence of fly posting which, if requested, must be received within 28 days prior to the Event.  The deposit will be forfeited either in whole or in part depending upon the extent of any breach of clause 12.1 above

13. Permits and Licences

13.1 The Hirer shall ensure that any licences, permits or other consents which may be required are obtained, whether from the Council or otherwise, before the Event takes place and shall, where requested, produce to the Council on demand, copies of such licences, permits or consents.  If any such licences, permits or consents have not been obtained, the Council reserves the right to cancel the booking forthwith

13.2 The Hirer will be responsible for exhibiting all necessary permits licences and consents during the Event

13.3 Nothing shall be done by the Hirer that shall or may contravene the terms and conditions of any licences permits and/or consents issued in respect of the Venue; and the Hirer shall indemnify the Council against all actions, claims or demands in respect of the breach or non-observance of any licence permit or consent arising from, or in connection with, the hiring

14. Copyright

The Hirer shall not use the Venue or any part thereof for the delivery in public of any matter in which copyright exists without the consent of the owner of the said copyright, nor in any other manner infringe any subsisting copyright.  In this respect the Hirer shall be responsible for obtaining such licences/consents as are necessary from both the Performing Rights Society and Phonographic Performance Limited and shall indemnify the Council against any actions, claims or demands in respect of any breach or non-observance of any copyright matter arising from or in connection with the hiring

15. Health and Safety

The Hirer agrees to undertake a risk assessment for the Event and is to ensure that all participants and contractors comply with all relevant health and safety legislation or any other guidelines relevant thereto at all times during the Event and while preparing and clearing the Venue for the Event

16. Indemnity and Insurance

16.1 The Council is not responsible and will not accept liability for any loss damage injury or death howsoever and by whomsoever caused whether to property or person(s) sustained by any person(s) during the Period of Hire unless as a direct result of the negligence of the Council

16.2 The Hirer is responsible for all safety aspects of the Venue during the Period of Hire and must accept liability for any loss, damage, injury or death howsoever, and by whomsoever caused, whether to property or person(s) sustained by any person(s) as a consequence of the holding of the Event by the Hirer at the Venue

16.3 The Hirer agrees to indemnify the Council against all claims, actions, demands, proceedings, costs or awards in respect of any loss, damage, injury or death to persons or property arising during the period of Hire

16.4 Without prejudice to the indemnity given in 16.3 the Hirer agrees to take out Public Liability Insurance cover (including products liability where appropriate) for a minimum limit of indemnity of £5,000,000 (Five million pounds) and Employers Liability Insurance for a minimum limit of indemnity of £10,000,000 (Ten million pounds) and produce evidence of such insurance to the Council

16.5 The Hirer will be required to produce evidence of the existence of public liability and employers liability insurance at such level as required by the Council in respect of any exhibitor, entertainer, sub-contractor or caterer, which the Hirer has instructed or authorised to appear at the Event

16.6 Failure to provide proof of insurance cover as required under clauses 16.4 and 16.5 prior to the Due Date will lead to cancellation of the Event

17. Catering

All caterers at the Event must comply fully with the requirements of the Food Safety Act 1990 and the Food Safety (General Food Hygiene) Regulations 1995 and any amendments thereto and comply with all instructions given by the Environmental Health Officers of the Council

18. Property Not Removed

The Council may remove and store any property that is left by the Hirer in or upon the Venue after the Period of Hire.  The Hirer shall repay to the Council on demand the costs of such removal and storage.  The Council shall not be held responsible for any damage to or theft of property by or during its removal or storage.  The Council is entitled to remove and sell in such manner as it thinks fit any property left at the Venue as a result of the hiring not claimed within 28 days.  The proceeds of sale of which shall be the Council's

19. Variations to Agreement

19.1 The Council reserves the right to vary the conditions of the Agreement between the Council and the Hirer at any time on 7 days notice.  Any variation so made shall be deemed to be incorporated in these Conditions.  The Hirer may, within 7 days of receipt of such notice terminate this Agreement

19.2 In the event of the Hirer terminating this Agreement in accordance with 19.1 above the Council shall pay back to the Hirer any deposit paid and such of the fees and charges paid by the Hirer as the Council shall deem reasonable in the circumstances

13.1 In the exercise of the right to terminate under clause 19.1 above the Council shall be under no liability for any indirect or consequential loss damage cost or expense of any kind whatsoever sustained by the Hirer as a result of any variation to the Conditions or the Hirer's decision to terminate

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