Conditions of hire

1. General

Aber-porth Village Hall & Recreation Ground (AVH&RG), registered charity no. 1199729, is managed by the charity’s Committee of Trustees.

The Hirer, not being a person under 18 years of age, accepts responsibility for being in charge of and on the premises at all times when the public are present and for ensuring that these Standard Conditions relating to management and supervision of the premises are met.

Hall capacity: the maximum number of persons permitted in the rooms of each building for any function is available from the Hall Co-ordinator and will depend on the format of the event. This limit must not be exceeded.

During the hire the Hirer is responsible for supervision of the premises, fire evacuation, the fabric and the contents; their care and safety from damage; and the behaviour of all persons using the premises, including proper supervision of car parking so as to avoid obstruction of highways, entrances and exits.

As directed by the Management Committee, 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.

2. Hiring fees

• Hiring fees are set by the Management Committee annually and generally apply from 1 January to 31 December each year. The Committee reserves the right to review hiring fees during the year in the light of unexpected changes to the charity’s financial position.
• For hires made in advance for the following year for which a booking is confirmed and fully paid, the rates quoted at the time will be honoured regardless of any increase in rates.
• Hiring fees quoted at the time of booking for hires which are not paid in advance are those in force up to 31 December that year. Actual hire fees charged will be those in force at the time of the hire.
• The standard hourly rate includes the use of all furniture.
• The electric piano is available for hire and can only be used if booked in advance.
• Kitchen use for teas and coffees is free when hiring another room. The normal hire rate applies if preparing or serving food.
• The venue will be accessible 15 minutes before and after your booking time. If you require additional time to set up or clear away, please let us know.

3. Payment of accounts

For single event hires (as opposed to regular repeat hires) a 30% non-refundable deposit is required in advance at the time of booking, at which point an invoice will be raised confirming the amount to be paid. The booking will not be held or secured until that deposit is received. The deposit is only refundable in exceptional personal extenuating circumstances and at the Management Committee’s discretion. The balance will be invoiced after the event.

Repeat hirers who hire the halls at least once a month will receive an invoice after the hire has taken place. No deposit is required for regular repeat bookings where they are normally honoured and paid for. The invoice may include additional charges for extra services requested after the booking form was issued.

Invoices should be paid by bank transfer, the details of which will be shown on the invoice, and settled within 10 days of the date of the invoice. The Management Committee reserves the right to add a weekly surcharge for amounts outstanding after this period, and to impose an additional charge if hirers do not comply with these conditions.

Payments may also be made by cheque (payable to Aberporth Village Hall & Recreation Ground) or in cash to the Treasurer, the Chair or our Community Co-ordinator, who will provide a receipt.

Bookings are 100% chargeable if cancelled less than 24 hours before the booking.

4. Security of bookings

The Management Committee will make every effort to honour all bookings wherever possible and, where clashes arise, attempt to resolve them through dialogue and by offering alternative rooms and times. Whilst “first come, first served” generally applies, there may be occasions when other considerations prevail. In order of priority:

• The premises being required as a Polling Station for a Parliamentary or Local Government election or by-election, or for 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.
• Bookings that have paid in advance, particularly where the higher rates of private and commercial hire have been paid in advance.
• Regular community bookings (weekly or monthly) will have their slot preserved, provided these slots are used and paid for in the normal manner. Where another user wants one of those slots for a one-off whole-building event, we will contact the regular user to ask if an alternative time or room could be used.

Commercial hirers: village halls are held on strict trusts with the Charity Commission. The Trustees reserve the right to terminate a commercial hire by not less than 7 days’ notice in writing if the hall is required on the same date and time for its charitable purposes. In that event all monies paid for that session will be refunded, but the Trustees will not be liable for any other expenses, costs or losses.

5. Key safe and security

The key safe is sited at the side entrance to the Village Hall main hall and should remain locked at all times, not left open whilst you are inside. If the keys are removed by an unauthorised person the Management Committee will be required to change the locks, which would incur a cost of £200 upwards.

During the period of hire the Hirer is responsible for the security of the building and shall at no time leave the building unattended. At the end of the hire you are responsible for closing and locking the doors and returning the keys to the key safe if asked to do so. The code to the key safe will be provided prior to your event on payment of the booking and hire charge.

The Management Committee does not accept responsibility for any loss or damage to the Hirer’s effects during the hire or for injury to any person unless negligence on the part of the Management Committee, staff or volunteers can be proven.

6. Use of premises

The Hirer shall not use the premises (including the car park) for any purpose other than that described in the Hiring Agreement, shall not sub-hire, and shall not use or allow the premises to be used for any unlawful or unsuitable purpose, nor bring onto the premises anything which may endanger them or invalidate any insurance policies, nor allow the consumption of alcohol without our written permission.

The Hirer shall observe all regulations affecting the premises imposed by the Fire Authority or the Licensing Authorities and must not contravene the laws of betting, gaming and lotteries.

No tenancy is intended to be created between the Trustees and the Hirer and no relationship of landlord and tenant exists between them. This Hiring Agreement constitutes permission only to use the premises.

7. CCTV

AVH&RG uses closed circuit television to provide a safe and secure environment for staff, hirers, suppliers and visitors and to protect its property and deter crime. CCTV monitors only the exterior, perimeter and entrances of the buildings at both facilities, is active 24 hours a day and is continuously recorded.

Images are viewed only by authorised Trustees and our Community Co-ordinator, who are trained in respecting privacy. Signs are displayed near cameras. Recordings are overwritten on a rolling basis and in any event not held for more than 30 days without prior authorisation by the Management Committee, unless required for legal or compliance reasons.

8. Insurance and indemnity

The Hirer shall be liable for:

• costs arising from accidental and malicious loss or damage, and for loss or damage arising out of your negligence, to any part of the premises including its curtilage or its contents, or to our WiFi service;
• 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; and
• 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 or our WiFi service, and you must indemnify us against such liabilities.

Regular hirers are responsible for making adequate arrangements to insure against third-party claims, including Public Liability and Professional Indemnity insurance. Up-to-date certificates and any coaching qualifications should be shown or given to the Management Committee or Community Co-ordinator. AVH&RG is insured against any claims arising out of its own negligence.

9. Music, film and licensing

AVH&RG holds a combined Community Building PRS and PPL licence for events where any income made is given to the charity. Users keeping the income from an activity or event are advised to get their own licence. The Hirer is responsible for obtaining any licences required.

You must have our written permission for the performance of live music and the playing of recorded music under the Deregulation Act 2015. This Agreement confers that permission.

Children shall be restricted from viewing age-related films classified according to the recommendations of the British Board of Film Classification. Hirers should ensure they have the appropriate copyright licences for film. This Agreement confers the written permission required to show a film.

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.

10. Safeguarding children, young people and adults at risk

You must ensure that any activities for children, young people and other adults at risk are only provided by fit and proper persons in accordance with the Children Acts 1989 and 2004, 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). All reasonable steps must be taken to prevent harm and to respond appropriately when harm does occur. Relevant concerns must be reported.

If your activity involves under-18s or vulnerable adults, you confirm that all adults present will have a family or care connection to them, have been DBS checked, or are part of an organisation which has a current Safeguarding Policy in place.

Children should not be allowed to leave the building at any time during a party or event and should be under adult supervision at all times. The kitchen is out of bounds to children under 12; children aged 12–16 may only use the kitchen with supervision by a responsible adult.

11. Public safety and fire

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, 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 & Safety Policy.

It is the responsibility of the Hirer to give plenty of time to planning the function. All hirers are required to complete a risk assessment before the start of each hire, identifying potential safety risks and taking all reasonable measures to ensure the safety of those attending.

You must call the Fire Service to any outbreak of fire, however slight, and give details to the AVH&RG Secretary and/or the Co-ordinator.

The Hirer acknowledges that they have received instruction in: the action to be taken in the event of fire, including calling the Fire Brigade and evacuating the hall; the location and use of fire equipment; escape routes and the need to keep them clear; the operation of escape door fastenings; the importance of fire doors and of closing them at the time of a fire; and the location of the First Aid Box.

Before any activity the Hirer shall check that:

• all fire exits are unlocked and panic bolts are in good working order;
• all escape routes are free of obstruction and can be safely used for instant free public exit;
• fire doors are not wedged open and exit signs are illuminated;
• there are no obvious fire hazards on the premises;
• emergency lighting is on whenever the premises are occupied; and
• all attendees are familiar with the fire exits, the evacuation procedure and assembly points.

Hirers must appoint sufficient reliable stewards: at least one steward per 100 attendees (or part thereof) for functions of mainly adults, and at least one steward per 10 attendees for functions mainly of under-18s. On no account must the fire exit doors be locked during functions.

Fire extinguishers are for emergency use only. Extinguishers let off maliciously, damaged or requiring a re-test will be charged to the Hirer (current replacement charge £60 per unit including fitting).

12. Inflatables (e.g. bouncy castles)

The Hirer agrees:

• that AVH&RG, its Trustees, staff and volunteers accept no responsibility for any loss, damage or injury to persons or items arising from the use of inflatable equipment on AVH&RG properties;
• only to use an inflatable from a reputable hire company with at least £10 million public liability insurance in place, which provides an employee to supervise the hire session while it is in use; and
• to protect the floor in both facilities, a rubber mat (provided by the Management Committee) must be used underneath the inflatable’s pump.

An extra charge for using an electric blower to keep the item inflated will be added to the hiring fee. AVH&RG does not own or hire out inflatable equipment.

13. Noise, alcohol and behaviour

The halls are in a residential area. The Hirer shall ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. If using sound amplification equipment, you must use any noise limitation device provided and comply with any other licensing condition.

Care shall be taken to avoid excessive consumption of alcohol. No illegal drugs may be brought onto the premises. Drunk and disorderly behaviour shall not be permitted on the premises or in its immediate vicinity, and any person behaving in a violent or disorderly way shall be asked to leave in accordance with the Licensing Act 2003.

The Premises Licence permits the sale of alcohol for consumption on the premises only, between 10:00 and 23:00 Monday to Saturday (or later by express application to the Trustees) and between 12:00 and 23:00 on Sunday. Any hirer intending to sell or supply alcohol must nominate in advance, on the Responsible Person (Alcohol) Form, a person aged over 18 who will attend and supervise observance of the Premises Licence conditions. We will not sanction any drink promotion that could encourage binge drinking.

The Management Committee reserves the right not to permit the sale or supply of alcohol under its Premises Licence and to require the Hirer to obtain their own Temporary Event Notice from Ceredigion County Council.

14. Food, electrical safety and heating

If preparing, serving or selling food, the Hirer must observe all relevant food, health and hygiene legislation. Dairy products, vegetables and meat must be refrigerated and stored in compliance with the Food Temperature Regulations. A refrigerator and thermometer are provided. Food must not be left on the premises after the hire.

Electrical appliances brought onto the premises must be safe, in good working order (PAT tested) and used safely in accordance with the Electricity at Work Regulations 1989. Where a residual current breaker is provided it must be used. Equipment must be checked by a Trustee or the Community Co-ordinator before use.

No unauthorised heating appliances may be used without the consent of the Trustees. Portable LPG heaters shall not be used. Highly flammable substances, combustible decorations (e.g. polystyrene, cotton wool) and portable gas or naked-flame appliances must not be brought into the premises. No decorations may be put up near light fittings or heaters.

15. Animals, smoking, posters and sales

No animals (including birds) except guide dogs, hearing dogs and assistance dogs may be brought into the premises, other than for a special event agreed by the Trustees. No animals whatsoever may enter the kitchen.

The Hirer shall comply with the smoking prohibition provisions of the Health Act 2006. Anyone wishing to smoke or vape must do so outside and dispose of cigarette ends and matches tidily and responsibly.

The Hirer shall not carry out or permit fly posting or any other form of unauthorised advertisement for any event at the premises.

If selling goods on the premises, the Hirer shall comply with fair trading laws, prominently display the total prices of all goods and services and the organiser’s name and address, and ensure any discounts are based on manufacturers’ recommended retail prices.

16. Stored equipment, accidents and WiFi

The Trustees accept no responsibility for stored equipment or other property brought onto or left at the premises. All equipment and property (other than agreed stored equipment) must be removed at the end of each hire or fees will be charged for each day or part day until removed. Items not removed within 7 days of the agreed storage period may be disposed of and the costs charged to the Hirer.

Any failure of equipment must be reported as soon as possible. All accidents involving injury must be reported to a Trustee as soon as possible and recorded in the Accident Book; certain incidents must be reported under RIDDOR. Incident forms are held by the Community Co-ordinator.

When using the WiFi service you agree not to use it to disseminate unlawful, harassing, abusive, obscene or otherwise objectionable material, to commit or encourage any offence, to interfere with others’ use, or to copy material in breach of copyright, and to keep any access details confidential. We may suspend or terminate WiFi access for any breach. We cannot guarantee the WiFi service will be fault-free or available at all times; it is available within the operating range of the main hall.

17. Cancellation

If the Hirer wishes to cancel the booking before the date of the event and AVH&RG is unable to conclude a replacement booking, the question of payment or repayment of the fee shall be at the discretion of the Trustees. Bookings cancelled less than 24 hours before the booking are 100% chargeable.

The Trustees reserve the right to cancel this hiring by written notice to the Hirer in the event of:

• the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;
• the Trustees reasonably considering that the hiring will lead to a breach of licensing conditions or other legal or statutory requirements, or that unlawful or unsuitable activities will take place;
• the premises becoming unfit for the use intended by the Hirer; or
• 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 Trustees shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.

18. End of hire

The Hirer shall leave the premises and surrounding area in a clean and tidy condition, properly locked and secured unless directed otherwise, with any contents temporarily moved returned to their usual positions; otherwise the Trustees may make an additional charge. Please return all furniture to where you found it.

Please ensure all rubbish is removed from the halls and taken home, particularly glass and food waste. No single-use plastic or non-biodegradable items may be used on the premises.

You must not make any alterations or additions to the premises, nor install or attach any fixtures, placards, decorations or other articles to any part of the premises, without our prior written approval.

19. Data protection and complaints

The contact details you provide will be used by AVH&RG for its administrative processes, to provide you with information about the charity and to keep you up to date with the services we offer. Your information will never be given or sold to any other individuals or organisations.

Any complaints should be made in the first instance to the Community Co-ordinator, then to the Chair of the Management Committee or the Secretary (avhc.sec@outlook.com). The decision of the Management Committee is final.