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Terms and Conditions

Hickling Barn

(HICKLING PLAYING FIELD OR RECREATION GROUND CHARITY RCN 270199)

These standard conditions apply to all hiring of facilities (referred to as ‘the Barn’ or ‘the Playing Field’) managed by the Hickling Playing Field or Recreation Ground Charity (referred to as ‘the Charity’) and they form part of the Agreement for hire between the Trustees of the Charity (referred to as ‘the Trustees’) and the person who has signed the Booking Form (referred to as ‘the Hirer’). If you are in any doubt as to the meaning of any of the following conditions, please consult the Bookings Secretary.

1. Supervision

The Hirer shall, during the period of the hiring, be responsible for:

• supervision of the Playing Field and/or the Barn and ancillary grounds, the fabric and the contents;

• their care, safety from damage however slight or change of any sort;

• the behaviour of all persons using the Playing Field or the Barn whatever their capacity;

• the proper supervision of car parking arrangements so as to avoid obstruction and hazardous situations.

2. Use of the Barn

The Hirer shall not use the Barn at any one time for any number of persons (including staff and performers) greater than that stated in the booking confirmation letter.

The Hirer shall not use the Barn for any purpose other than that described in the Booking Form and shall not sub-hire or use the same or render invalid any insurance policies in respect thereof.

3. Gaming, betting and lotteries

The Hirer shall ensure that nothing is done on or in relation to the Barn in contravention of the law relating to gaming, betting or lotteries. Advice may be sought from North Norfolk District Council Licensing Team on 01263 516233

4. Performing Rights Licence

The Barn has a Performing Rights Society Licence which permits the use of copyright music in any form, or by performers in person. If other licences are required in respect of any activity in the Barn, the Hirer should ensure that they obtain the relevant licence.

5. Licences for sale or consumption of alcohol and other licensable activity under the terms of the Licensing Act 2003 Supervision etc

• The Hirer shall be responsible, where appropriate, for complying with the Barn’s licence for the sale or supply of alcohol or other licensable activities.

• No person shall be contracted to supply or sell alcohol without the agreement in writing of the Trustees. Note that this will require the checking of any Personal Licence held by the supplier and or ensuring that other persons involved in such supply are appropriately trained, qualified or experienced, depending on the type of event planned.

• No alcohol shall be stored on the premises overnight with the exception of real ale prior to the event taking place.

• Where required, specific conditions eg for the numbers of people allowed and supervision requirements; relating to the period of hire will be contained on the booking form.

• Performances involving danger to the public or of a sexually explicit nature shall not be given.

• The Hirer and or any person contracted by him to supply alcohol shall ensure that care is taken to avoid excessive consumption of alcohol.

• Drunk and disorderly behaviour shall not be permitted either in the Barn, on the Playing Field or in its immediate vicinity. The hirer shall be responsible for ensuring his guests behave in an appropriate manner (see also Damage and Disturbance, below).

• No illegal drugs may be brought onto the premises.

Noise

• Unless otherwise specified, amplified sound equipment is only allowed within the main hall in the Barn and its use must cease at the time/s detailed on the Booking Form.

• External doors and windows must be kept closed whenever amplified music is being played and at all events after 9pm.

• The Hirer shall ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning.

• The Hirer shall vacate the premises by the time detailed on the Booking Form

6. Public safety compliance

The Hirer shall comply with all conditions and regulations made in respect of the Barn by the Local Authority, the Licensing Authority, Hickling Barn’s Fire Safety Risk Assessment and Health and Safety legislation as appropriate.

Before using the hall, the Hirer must read and comply with the information and requirements contained in Hickling Barn’s Health and Safety and Fire Safety Risk Assessments which are on the Hickling Barn website and can be made available on request.

The Hirer has other legal duties with regard to the safety of those persons assisting and/or attending their event. For any business or commercial use of the Barn and for the Playing Field, where appropriate, a risk assessment must be completed and approved by the Trustees.

7. Means of escape

All designated means of exit from the Barn must be kept free from obstruction and immediately available.

8. Outbreak of fire

The Fire Service shall be called to any outbreak of fire, however slight, by dialling 999 and details thereof shall be given to the Bookings Secretary.

9. Electrical appliances safety

The Hirer and his guests and contractors shall ensure that any electrical appliances brought by them to the Barn and used therein shall be safe, in good working order and used in a safe manner in accordance with the Electricity at Work Regulations 1989.

10. Food Hygiene

The Hirer or his contractors shall, if preparing, serving or selling food, observe all relevant food hygiene legislation. There are facilities for food service at the Barn and it is the Hirer’s responsibility to ensure they are adequate for the purpose of hire.

11. Insurance and indemnity

A. The Hirer shall be liable for:

(1) the cost of repair of any damage (including accidental and malicious damage done to any part of the Barn including the curtilage thereof or the contents of the Barn.

(2) all claims, losses, damages and costs made against or incurred by the Barn, its trustees, employees, volunteers, agents or invitees in respect of damage or loss of property or injury to persons arising as a result of the use of the Barn (including the storage of equipment) by the Hirer, and

(3) all claims, losses, damages and costs made against or incurred by the Barn, its trustees, employers, volunteers, agents or invitees as a result of any nuisance caused by a third party as a result of the use of the Barn by the Hirer and, subject to sub-clause 11(B), the Hirer shall indemnify and keep indemnified accordingly the Barn, its Trustees, employees, volunteers, agents and invitees against such liabilities.

The Barn has insurance to insure the liabilities described in sub-clauses 11(A)(1) above and may, at its discretion, in the case of non-commercial hirers, insure the liabilities described in sub-clauses 11(A) (2.) and (3.) above. The Barn shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified the Barn, its Trustees, employees, volunteers, agents and invitees against (a) any insurance excess incurred and (b) the difference between the amount of the liability and the monies received under the insurance policy.

If the Hirer of a non-commercial event engages the services of a person or persons who operate on a commercial basis, then the Hirer must ensure the provider has their own public liability cover as the Barn insurance does not insure their liabilities.

In cases of commercial hire where Hickling Barn does not insure the liabilities described in sub-clauses 11(A) (2.) and (3.) above, the Hirer shall take out adequate insurance to insure such liability and on demand, shall produce the policy and current receipt or other evidence of cover to the Bookings Secretary. Failure to produce such policy and evidence of cover will render the hiring void.

The Trustees of the Barn are insured against any claims arising out of their own negligence.

12. Accidents, Spillages, etc.

The Hirer must report all accidents involving injury to the public to the Bookings Secretary immediately and complete the relevant section in the accident book, which is kept at the First Aid point in the Kitchen.

Certain types of accident or injury may need to be reported in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). The Bookings Secretary will advise.

Any failure of equipment belonging to the Barn or brought in by the Hirer must also be reported as soon as possible.

All spillages must be cleaned immediately. Suitable equipment is provided for this and Hirers will be shown its location.

13. Explosive and flammable substances

The Hirer shall ensure that:

• Highly flammable substances are not brought into in any part of the Barn.

• Use of LPG outside is subject to a separate risk assessment approved by the Trustees.

• No internal decorations of a combustible nature shall be erected without the consent of the Bookings Secretary. No decorations are to be put up near light fittings or other sources of heat.

• No pyrotechnic device (including fireworks and Chinese lanterns) is ignited or used at Hickling Barn or on the playing field or surrounding land.

14. Heating

The Hirer shall ensure that no unauthorised heating appliances shall be used in the Barn without the consent of the Bookings Secretary.

15. Animals

The Hirer shall ensure that no animals (including birds) except guide dogs are brought into the Barn other than for a special event agreed by the Bookings Secretary.

16. Activities for children and vulnerable adults

The Hirer shall ensure that any activities for children comply with the provisions of The Children Act 1989 (as amended) or any other relevant legislation applicable to their particular hire.

The Trustees have a Children and Vulnerable Adults Protection policy with which Hirers for events and activities involving children will need to comply. This is available on request from the Bookings Secretary.

Where necessary, Hirers will need to satisfy the Bookings Secretary of their policies with regard to the protection of children and vulnerable adults.

The Trustees can offer further guidance on use of the Barn for children. This is available on request from the Bookings Secretary.

17. Sales of goods

The Hirer shall, if selling goods at the Barn or on the playing field, comply with all relevant legislation in connection with such sales.

18. Deposit and Payment

Reservation

The Hirer shall pay, if required, a non-refundable deposit of £25 per single or block booking or in the case of larger functions £500 in order to reserve that booking. The balance is payable 2 months before the event unless specifically agreed otherwise and in writing with the Bookings Secretary.

Damage and Disturbance

At the time of making the final payment for the booking, as noted above, the Hirer shall pay, if required, an additional deposit of £500 to cover the potential cost of loss, damage or any other claims eg for disturbance or vandalism; incurred by the Trustees as a result of the event concerned. However, this deposit will be automatically forfeited in full in the case of the Hirer breaching the NNDC Licence Conditions of Hickling Barn.

This will be returned after the satisfactory completion of the event. However, it does not preclude the Trustees from taking action to recover full costs of damage over and above the deposit of £500.

19. Cancellation

If the Hirer wishes to cancel the booking before the date of the event, the question of payment or the repayment of the hire fee shall be at the discretion of the Bookings Secretary.

Hire fees are not normally refunded when bookings are cancelled within 2 months of the event.

The Trustees reserve the right to cancel a booking by written notice to the Hirer in the event of:

• the Trustees reasonably considering that (i) such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or (ii) unlawful or unsuitable activities may or will take place at the Barn as a result of this hiring;

• the Barn becoming unfit for the use intended by the Hirer;

• an emergency requiring use of the Barn for the community such as an emergency shelter.

20. End of hire

The Hirer shall be responsible for leaving the Barn and surrounding area in a clean and tidy condition and securely locked unless directed otherwise.

All damage and breakages will be charged to the Hirer, as noted above (deposits, damage etc.).

The key must be returned within 24 hours or as arranged with the Bookings Secretary. A charge of £10 will be levied for non-return of key or replacement of lost key.

All equipment, appliances and any other items brought into the Barn shall be removed at the end of the hiring.

21. Stored equipment

Hickling Barn and its Trustees accept no responsibility for any stored equipment or other property brought on to or left at the Barn, and all liability for loss or damage is hereby excluded.

Note: No alcohol may be left on the premises overnight (see Licensing conditions above).

22. No alterations

No alternations or additions may be made to the Barn nor may any fixtures be installed or notices, placards, decorations or other articles be attached in any way to any part of the Barn without the prior written approval of the Bookings Secretary.

23. No rights

The Hiring Agreement constitutes permission only to use the Barn and confers no tenancy or other right of occupation on the Hirer.

24. Smoking

No smoking is allowed in the Barn. The Hirer shall, and shall ensure that the Hirer’s invitees, comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. Any person who breaches this provision shall be asked to leave the Barn.

25. Equal Opportunities

The Hirer shall comply with the Trustees’ Policy on Equal Opportunities, which is available on request from the Bookings Secretary.

26. Computer Security

The Hirer must comply with the Trustees’ Computer Security Policy in connection with any use of IT equipment belonging to the Barn. This is available on request from the Bookings Secretary.

27. Location of furniture and equipment

The Hirer must return all furniture and equipment (including that provided in the kitchen) to the location in which it was found at the start of the hire period. The Trustees manage the Barn (including the stores and kitchen) for the convenience and safety of all users and whilst the Hirer may make use of the facilities and equipment as reasonably required, it is essential that everything is securely and safely re-instated to its original location before leaving the Barn, otherwise a charge to cover the cost of re-instatement will be incurred.

28. Advertising

The Hirer shall not make any announcements of their event or function on social networking sites nor on the internet, unless previously agreed by the Trustees.

29. Crime Prevention

Hickling Barn works with Norfolk Constabulary by sharing information on our bookings in order to prevent crime and disorder. By placing my booking, I acknowledge that I am aware of this information sharing.

30. Special Conditions

The Bookings Secretary may as a condition of hire specify additional conditions. These (if any) will be notified to the Hirer in writing and agreed before the booking is confirmed.