Conditions Of Hire

1. Hirer

   1. The person by whom the application for hire or booking enquiry/request is from shall be deemed to be the Hirer.

2. Fees

• 1. The minimum hire charge period is half an hour (30 minutes).

  2. All payments must be made before the Hire date of the booking.

  3. All payments must be made within 30 days of date of invoice.

     1. Payments made by bank transfer using the invoice number as reference to:

• • • HSBC Account name: Old Windsor Memorial Hall

    • Sort Code: 40-35-43

    • Account number: 80247448

• 4. Payments by cheque made payable to "Old Windsor Memorial Hall" and posted to:

• • • The Lettings Administrator

    • Old Windsor Memorial Hall

    • Straight Road

    • Old Windsor

    • SL4 2RN

• 5. Any time booked but not used will be charged.

  6. Where a hirer exceeds the time booked without prior arrangement, the Committee reserve the right to charge for any additional time used.

3. Deposits

• 1. A damage/nuisance deposit of £200 is required for all bookings. This will be refunded at the end of the hire period subject to the relevant conditions stated below.

  2. This deposit may be reduced for bookings of less than 6 hours at the discretion of the Letting Administrator.

  3. Deposits will be forfeited if booking is subsequently cancelled.

  4. To request your deposit return, please send an email to payments@owmh.org.uk with your invoice number, booking date and confirm how you would like to receive it:

     • By bank transfer - please provide account name, account number and sort code

     • By cheque - please note cheques will be signed at our monthly committee meeting (third Monday of the month)

4. Rights of Access

• 1. Access to the Hall shall not be permitted until payment of all outstanding invoices has been made.

  2. Access to the Hall shall not be permitted outside the booked hours.

  3. All members of the Committee shall have the right of entry at all times to all parts of the Hall.

5. Age

• 1. You, not being a person under 21 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.

6. Supervision

• 1. During the period of the hiring, you are responsible for: 

     1. supervision of the premises, the fabric and the contents.

     2. care of the premises, safety from damage however slight or change of any sort.

     3. 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.

  2. 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.

7. Use of premises

• 1. You must not use the premises (including the car park, if any) 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.

  2. All entertainments shall conclude no later than midnight. A one hour extension may be granted at the discretion of the Lettings Administrator.

8. Insurance and indemnity

• 1. You are liable for: 

     1. 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.

     2. The cost of repair of any damage (including accidental and malicious damage) done to our WiFi service.

     3. 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 WiFi service (if any).

     4. 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 WiFi service (if any), and subject to sub-clause (ii), you must indemnify us against such liabilities.

  2. We will take out adequate insurance to insure the liabilities described in sub-clauses (i)(a) and (b) above and may, at our discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (i)(c) and (d) above. 

  3. We will claim on our insurance for any liability you incur but you must indemnify us against:

• • 1. Any insurance excess incurred.

    2. The difference between the amount of the liability and the monies we receive under the insurance policy

• 4. 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.

  5. We are insured against any claims arising out of our own negligence.

9. Gaming, betting and lotteries

• 1. 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.

10. Music Copyright licensing

• 1. 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).

11. Music

• 1. 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.

12. Film 

• 1. 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).

13. Safeguarding children, young people and vulnerable adults

• 1. 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. 

  2. 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).

14. Public safety compliance

• 1. 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.

  2. You must call the Fire Service to any outbreak of fire, however slight, and give details to our Hall Secretary.

  3. You acknowledge that you have received instruction in the following matters:

     1. The action to be taken in event of fire. This includes calling the Fire Brigade and evacuating the Hall.

     2. The location and use of fire equipment.

     3. Escape routes and the need to keep them clear.

     4. Method of operation of escape door fastenings.

     5. Appreciation of the importance of any fire doors and of closing all fire doors at the time of a fire.

     6. Location of the first aid box.

  4. In advance of any activity, whether regulated entertainment or not, you must check the following items:

• • 1. That all fire exits are unlocked and panic bolts are in good working order.

    2. 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.

    3. That exit signs are illuminated.

    4. That there are no fire-hazards on the premises.

    5. 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).

15. Noise 

• 1. 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.

16. Drunk and disorderly behaviour and supply of illegal drugs

• 1. You must ensure that in order to avoid disturbing neighbours of the Hall and avoid violent or criminal behaviour:

     1. no one attending the event consumes excessive amounts of alcohol.

     2. no illegal drugs are brought onto the premises.

  2. 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. 

17. Food, health and hygiene 

• 1. 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.

18. Electrical appliance safety

• 1. You must ensure that any electrical appliances brought by you to the premises and used have been certified for use by Portable Appliance Testing (PAT), 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.

19. Fire Safety

• 1. Hirers of the Hall shall familiarise themselves with the Hall Fire Emergency Plan and obey all fire instructions as posted. 

  2. Fire Action signs are posted at all exits.

  3. Hirers of the Hall shall take responsibility for alerting the Fire Brigade and ensuring all persons are accounted for.

20. Stored equipment

• 1. 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. 

  2. 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:

     1. 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.

     2. your failure to dispose of any property brought on to the premises for the purposes of the hiring.

21. Smoking

• 1. You must comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. 

  2. We will ask any person who breaches this provision to leave the premises. 

  3. 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. 

22. Accidents and dangerous occurrences

• 1. You must report to us as soon as possible any failure of our equipment or equipment brought in by you. 

  2. 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. 

  3. All occurrences of fire shall be reported to us as soon as possible. 

  4. You must report certain types of accident or injury on a special form to the Incident Contact Centre. Our Honorary 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).

23. Explosives and flammable substances

• 1. You must ensure that:

     1. Highly flammable substances are not brought into, or used in any part of the premises.

     2. No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) are erected without our consent.

24. Heating

• 1. 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.

25. Animals

• 1. You must ensure that Guide dogs, Hearing dogs and assistance dog owners are allowed on the premises.

26. Fly posting 

• 1. 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.

27. Sale of goods

• 1. 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.

28. Car Parking

• 1. Parking is available to Hall users free of charge. There are limited spaces and so availability cannot be guaranteed. Cars parked in the Hall car park are left entirely at their owners risk and the Committee accepts no responsibility for theft, damage or loss or property.

29. Licensing

• 1. We do not have a Premises Licence. This Agreement gives permission to you for a performance of live music, the playing of recorded music, or an exhibition of a film but only in accordance with the Deregulation Act 2015.

     1. You are responsible for ensuring that screenings of film abide by age classification ratings.

     2. You agree that if regulated entertainment outside of the Deregulation Act 2015 is to be held you will obtain our consent to give notice of a Temporary Event Notice (TEN) to the licensing authority.

     3. You agree to obtain our consent to give notice of your intention to provide alcohol at the event and to give notice of a TEN to the licensing authority.

  2. If you fail to comply with 29.1.1, 29.1.2 or 29.1.3 above, we will cancel the hiring without compensation. This is because there is a limit on the number of TENs that can be granted annually for any premises. Lack of co-operation could affect future fundraising by us and by local voluntary organisations.

30. WiFi Services 

• 1. Use of the Wifi is subject to our Free WiFi Terms and Conditions

31. Privacy and Data Protection 

• 1.  Please see our Privacy policy

32. Cancellation

• 1. If you wish to cancel the booking before the date of the event and we are unable to conclude a replacement booking, we may at our complete discretion, require full payment of the hire fee.

  2. We reserve the right to cancel this Agreement by giving you formal notice in the event of:

     1. the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election

     2. our reasonably considering that:

        1. such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or

        2. unlawful or unsuitable activities will take place at the premises as a result of this hiring, or

        3. you are likely to be in breach of any clause of this Agreement.

     3. the premises becoming unfit for your intended use.

     4. 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.

  3. In any such case where we have cancelled this agreement you will be entitled to a refund of any payments already paid, but we will not be liable to you for any resulting direct or indirect loss or damages whatsoever.

33. Types of Entertainment

• 1. Public Discos are not allowed in the Hall.

  2. The Hirer is responsible for obtaining any license or similar permission required to cover their particular function.

34. Maximum Admittance

• 1. The maximum number of persons to be admitted to the functions taking place in the Hall shall not exceed 200 persons.

35. End of hire

• 1. You are responsible for:

     1. leaving the premises and surrounding area in a clean and tidy condition.

     2. removing all personal items and rubbish.

     3. ensuring that the building and stores are properly locked and secured unless directed otherwise.

     4. ensuring that any contents (including tables and chairs,) temporarily removed from their usual positions are properly replaced (please see our standard chair & table layout), otherwise we may make an additional charge.

     5. reporting any issues (lights not working etc.) that require our attention. You can send an email with the details to bookings@owmh.org.uk.

36. No alterations

• 1. 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. 

  2. 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.

37. Complaints

• 1. The Committee will consider no complaints unless such complaints are submitted in writing to the Honorary Secretary (secretary@owmh.org.uk).

38. No rights

• 1. This Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on you.

Last updated: January 2017