Berkeley Community Sports and Leisure Trust (trading as Hamfields Leisure)
Terms & Conditions (Functions)
1. These Terms and Conditions of Hire apply to all hiring’s of Hamfields Leisure & include any internal or external facilities. If the Hirer is in any doubt as to the meaning of the following, a Trustee or the Club Steward should be consulted.
“Premises” shall from hereafter include all amenities; this refers to the hall and all internal facilities; the outside grounds and all external facilities and car park.
“Hirer” shall mean an individual or where the Hirer is an organisation, the authorised representative.
“Hamfields Leisure” shall be abbreviated to “HFL”
2. These conditions prohibit the hire of the hall to anyone under the age of 21 years. An older person making a booking on behalf of someone younger than 21 years old must be aware of the responsibilities for which they will be liable.
3. A verbal booking (subject to availability) will only be confirmed on receipt of the following by the Steward or Trustees in advance of the proposed booking:
a) A copy of the Agreement to Hire Form being signed and returned together with the deposit payment.
b) Full payment of the deposit as also shown on the Agreement to Hire Form.
c) Full payment of the Hire Fee as shown on the Agreement to Hire Form.
d) A stamped addressed envelope (allowing for the return of a returnable deposit).
4. A total refund of the returnable deposit (£50 for members; £75 non-members and £25 for childrens parties both members and non-members) will be returned to the Hirer, once the Hall has been inspected by either the club Steward his nominated Deputy or a Trustee of HFL and it is deemed that no damage has been done and the Premises have been left, clean, tidy, in a sanitary condition and that no further expense will be incurred by HFL Trustees in accordance with this booking. Returns of deposits will be given three working days after the event.
Supervision
5. The Hirer shall, during the period of the hiring, be responsible/liable for:
a) Supervision of the premises.
b) The care of the fabric and the contents.
c) Safety from damage however slight or change of any sort.
d) The behaviour of all persons using the premises.
e) Sickness and/or people vomiting.
f) Supervision of car parking arrangements so as to avoid obstruction of the highway approaching a licensed nuclear site.
g) Unlawful or unsuitable activities of guests/function ticket holders.
Please note: the maximum seated capacity in rows shall not exceed 300 people and the maximum seated capacity around tables shall not exceed 200 People.
6. As directed by HFL Trustees, the Hirer shall pay for all damage (including accidental damage and sickness/vomiting) to the premises or to the fixtures, fittings or contents and for any loss of contents.
7. The Trustees hold a complete inventory which can be inspected at any time by the Hirer, of all known damage; this inventory will also include the contents, fixtures and fittings of the Hall.
Use of Premises
8. The Hirer shall not use the premises for any purpose other than that described in the Agreement to Hire form as signed by the Hirer, And shall not sub-let or use the premises or allow the premises to be used for any unlawful purpose or in any unlawful way nor do anything or bring onto the premises anything which may endanger the same or render invalid any insurance policies in respect thereof nor allow the consumption of alcohol not purchased on HFL premises thereon without written permission. Failure to do so will negate the refundable deposit.
9. The use of the kitchen and any part of its facilities are not included in the hire agreement.
10.The Hirer will agree to pay overhead costs incurred, by HFL, on the sale of beverages, foodstuff, donated goods or merchandise, which the Hirer may wish HFL to dispense or sell on their behalf. Note: ‘Any other fee/cost sharing agreements with HFL’ section on the function booking form must be completed.
Indemnity
11.The Hirer shall indemnify and keep indemnified each HFL Trustee and employee, volunteers, agents and invitees against:
a) The cost of repair of any damage done to any part of the premises including the structure thereof or the contents of the premises and
b) All claims in respect of damage or loss of property or injury to persons arising as a result of the use of the premises (including the storage of equipment) by the Hirer.
12.The Hirer shall take out adequate insurance to insure the Hirer and members of the Hirer’s organisation and invitees against all claims arising as a result of the hire and on demand shall produce the policy and current receipt or other evidence of cover, to the Hall Bookings Officer. Failure to produce such policy and evidence of cover will render the hiring void and enable the Hall Bookings Officer to re-hire the premises to another hirer.
The Hirer, however, may accept all the responsibility of the risks as an alternative to taking out suitable insurance by signing the relevant section within the Agreement to Hire Form.
HFL is insured against any claims arising out of its own negligence.
Health and Hygiene
13.The Hirer shall, if preparing, serving or selling food, observe all relevant Food Health and Hygiene Legislation and Regulations.
Public Safety Compliance
14.The Hirer shall comply with all conditions and regulations made in respect of the premises by the Fire Authority, Local Authority, and the Local Magistrate’s Court or otherwise, particularly in connection with any event which includes public dancing or music or other similar public entertainment.
15.A fire-risk assessment for the known hazards has been carried out by HFL Trustees. The introduction of a new fire risk by the Hirer either as a source of ignition e.g. Lighting of Candles, or as new flammable materials or electrical equipment e.g. solvents, paper hangings must be accompanied by a risk assessment carried out by the Hirer.
Compliance with the Health Act 2006 Prohibition of Smoking in Public Places
16.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 there under. Any person who breaches this provision shall be asked to leave the premises. (The Hirer will be expected to have themselves aware of the liabilities stated in the above legislation).
Cancellation
17.If the Hirer wishes to cancel the booking before the date of the event and HFL are unable to conclude a replacement the deposit will not be refunded.
18.HFL Trustees reserves the right to cancel this hiring by written notice to the Hirer in the event of:
a) HFL Trustees reasonably consider that (1) such hiring might 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.
b) The premises becoming unfit for the use intended by the Hirer.
No Rights
19.The Agreement to hire constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer
HALL HIRE CHARGES & VAT:
20.As a charitable trust hire HFL do not pass VAT charges on directly to the hirer unless there is an intention for the hirer to claim this back when VAT will be included at the standard rate. Hall hire charges are as follows:
a) Members: Total £150 of which £50 is a non-returnable deposit on cancellation. £50 is returnable after an inspection of the premises following the event and adherence to applied conditions including paragraphs 4, 8, 17, 22, 27a-d, 28.
b) Non-members: Total £225 of which £75 is a non-returnable deposit on cancellation. £75 is returnable after an inspection of the premises following the event and adherence to applied conditions including paragraphs 4, 8, 17, 22, 27a-d, 28.
c) Childrens Parties – members: Total £75 of which £25 is a non-returnable deposit on cancellation. £25 is returnable after an inspection of the premises following the event and adherence to applied conditions including paragraphs 4, 8, 17, 22, 27a-d, 28.
d) Childrens Parties – non-members: Total £85 of which £25 is a non-returnable deposit on cancellation. £25 is returnable after an inspection of the premises following the event and adherence to applied conditions including paragraphs 4, 8, 17, 22, 27a-d, 28.
21.Total capacity: up to 300 guests.
22.The hire charge includes the cost of any bar staff. One hour staff clean-up time is included in the hall hire fee. If one hour is acceded the deposit will be non returnable. (see paragraph 27c)
CONDITIONS OF HIRE:
23.HFL is a privately run members club. The Trustees of the club have absolute discretion to accept or reject any application for the use of the club premises.
24.Confirmation of the booking must be made within 14 days, failing which the Trustees reserves the right to re-let the said facilities for hire. In order to confirm your booking, a completed application form must be returned to HFL.
25.Hire/bookings and balance of hire charges are required 2 weeks prior to the date of hire. The Trustees may, at their discretion, waive this requirement.
26.The deposit shall be held for two weeks after the event while staff ascertains if any charges for damages or clean-up, as outlined below, are applicable.
27.The deposit will become non-refundable:
a) Upon cancellation of a confirmed booking by the hirer.
b) In the event of any damages incurred to the premises, or its contents, by the hirer, or guests of the hirer.
c) If additional clean-up time is required, beyond the included one hour.
d) Should costs of damages or clean-up, including that of sickness, exceed the value of the deposit; the hirer will be billed accordingly.
28.The hirer has the right to appeal against the decision to retain the deposit by writing to the Trustees within 30 days of the event. The appeal will be raised at the next Trustees meeting, after which a decision will be given, in writing, to the hirer. The Trustees decision shall be final.
29.The Trustees reserve the right to cancel a booking due to any cause or circumstances beyond its control. The Trustees, however, shall not be liable for any loss or claim incurred by the hirer, or any other person connected to the booking, as a consequence of such a cancellation.
30.All guests attending the function must produce an invite or ticket to show they are entitled to attend. For non-invited/ticketed events a guest list MUST be supplied before the doors open and only guests listed will be permitted to attend.
31.The named hirer (or designated alternative) must remain on the premises until the function ends.
32.All finishing times, as agreed with the Steward at time of submitting the application form, are final.
33.A Corkage fee for wines, spirits, etc. brought onto the premises, by the Hirer, will be charged as appropriate. This must be noted and agreed on ‘HFL Agreement to Hire Form’. If subsequently beverages are consumed on the premises without being noted on the Agreement Hire Form a corkage charge of £4.00/bottle will apply.
34.The hiring of HFL for 18th birthday parties is done so at the Trustees or Steward’s discretion. If hired for this purpose HFL require that parents are present whilst the party is taking place. Should parents not be present costs of damages or clean-up exceed the value of the deposit, the hirer will be billed accordingly.
35.Hirers should be aware that bar staff will ask for ID if they are in doubt as to a person’s age. The only ID that will be accepted is Proof of Age card, Passport or Driver’s Licence.
36.The hirer’s attention is drawn to the fact that he/she is responsible for policing and conforming to the licensing laws, including the following:
a) Provide a list of guests attending or sample ticket/invite (see conditions above).
b) Ensuring guests under the age of 18 years do not purchase or consume alcoholic liquor. It is illegal to purchase alcohol for and on behalf of underage people.
c) That the guests only use the facilities of the room(s) hired.
Hon Secretary of Trustees
April 2016.
BCS< trading as Hamfields Leisure | Hamfields Lane |Berkeley | Glos |GL13 9TN.
email: Hamfields@outlook.com