WIVENHOE TOWN COUNCIL
General Conditions for Hire of King George V
Playing Field – Hiring Agreement
1 Definitions
1.1 “Conditions” means these booking conditions which, with the Event Application Form, shall form the contract between the Council and the Hirer.
1.2 “Council” means the Wivenhoe Town Council and includes its successors in title. The appropriate officer for the purposes of these general conditions shall be the Town Clerk.
1.3 “Due Date” means 14 days prior to the date of the Event.
1.4 “Event” means the purpose for which the Venue has been booked.
1.5 “Event Organiser” means the person(s) within any company or organisation responsible for all aspects of the Event.
1.6 “Hirer” means the company, organisation or person booking the Event and who pays any fees due under clause 2 below.
1.7 “Permitted Hours” are the normal hours during which events may be held being from 0900hrs to 2200hrs on weekdays and Saturdays and to 2000hrs on a Sunday.
1.8 Premises Licence means the licence granted by Colchester Borough Council under the Licensing Act 2003 section 18 on 26th April 2006, licensing King George V Playing Field for use for performance of plays, live and recorded music, dance, and sale of alcohol in addition to general recreation.
1.9 Premises Licence Holder means Wivenhoe Town Council, Council Offices, High Street, Wivenhoe, Colchester, Essex CO7 9AB. The Designated Premises Supervisor on the field is Jan Richardson of 69, High Street, Wivenhoe, Colchester, CO7 9QQ (tel 01206 – 825857 or ).
1.10 “Premises” means the King George V Playing Field and that part of Wivenhoe Wood owned by the Town Council, whilst reference to KGV or King George V Playing Field means just the open playing field.
1.11 “Venue” means the area within the Premises being hired and specified within the Event Application Form.
2 Payments and Charges
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 costs of any damage or loss to the King George V Playing Field due to the Hirer’s negligence, including the loss of keys, for the duration of the event as defined in the Event Application Form, being that period from preparations to vacation of the Venue. The cost of any loss or repair will be re-charged to the Hirer and invoices, with reasons, for costs will be provided.
3 Deposit
3.1 A deposit may be requested which must be paid to the Council 14 days prior to the Event and which will be forfeited in the event of any damage or loss to the KGV Playing Field or held as part payment of any necessary making good. The Hirer will be liable for the full costs of any damage resulting from the Hirer’s negligence or responsibility. Should this exceed the deposit amount, the Council will issue an account.
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 Town Council reserves the right to cancel this hiring by written notice to the Hirer in the event of:
(a) the Town Council 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 will take place at the premises as a result of this hiring.
(b) the premises becoming unfit for the use intended by the Hirer.
(c) 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 Town Council shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.
4.3 Cancellation by the Hirer of a booking must be in writing and the effective date will be the receipt of such information by the Town Clerk at the Council Offices. On cancellation of the booking, the Hirer shall be liable to the Council for the whole of the hire charge.
4.4 Hirers who do not take up their commitment for any reason or fail to notify the Council in writing of cancellation shall forfeit any hire charge paid and shall be liable to the Council for the whole of the hire charge.
4.5 Substitution and amendments of the nature of the booking must be notified in writing to the Town Clerk who reserves the right either to cancel the booking or amend the hire fee as he/she reasonably considers appropriate. In the event of such cancellation, the Hirer shall be liable as stated in Clauses 4.3 and 4.4 above.
4.6 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. The Council will refund part or all of any fees and charges paid, the amount of which shall be negotiated.
5.2 The Hirer shall be required to submit to the Council a copy of their emergency evacuation procedure eight weeks in advance of the Event date. The Hirer shall be responsible for ensuring that all Stewards responsible for implementing this procedure are adequately trained and supervised.
6 Use of the King George V Playing Field
6.1 Where the Hirer is organising the performance of a play, or live and recorded music, dance, and / or the sale of alcohol, since such activities are regulated by a Premises Licence from Colchester Borough Council, the Hirer is required to sub-contract with the Premises Licence Holder Jan Richardson several aspects of the Event - see Appendix.
6.2 The Hirer shall keep the KGV Playing Field clean and tidy and shall ensure that the field is regularly litter picked during and after the Event.
6.3 All litter generated by the Event shall be removed by the Hirer from the Venue.
6.4 The Hirer must at all times take good care of the Venue and will be responsible for any damage due to the Hirer’s negligence to the Venue or any part of it or any equipment or other property of the Council forming part of the hire.
6.5 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 Council. The Council accepts no responsibility for any property left on the Venue before, during or after the hire period.
6.6 If the Hirer fails to perform any of its obligations set out in Clause 6.1, 6.2, 6.3 and 6.4 above the Council reserves the right to perform any such obligations and recover costs from the Hirer after written notification to the Hirer.
6.7 The Hirer is responsible for the administration, organisation and running of the Event and for having sufficient stewards and officials to fulfil these Conditions.
6.8 The Hirer is responsible for the supervision and control of Event participants, officials, visitors and spectators.
6.9 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.
6.10 The Hirer shall ensure that all noxious liquid waste is removed from the Venue and not disposed of into the sewage system or on the Venue.
6.11 Where the Council has agreed that the Venue shall be used for a fun fair then the Hirer shall supply full details of 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 Fairgrounds and Amusement Parks – Guidance on Safe Practice published by the Health and Safety Executive, and all other statutory requirements.
6.12 Events are permitted to operate between 0900hrs and 2200hrs on weekdays and Saturdays but must finish no later than 2000hrs on a Sunday.
6.13 The Hirer shall provide at their own expense temporary sanitary accommodation sufficient to cope with the needs of people attending their Event. The Council will expect the Hirer to meet normal event guidelines for the appropriate level of accommodation in relation to the number of persons expected to attend the Event.
6.14 The Hirer will not allow at the Event any exhibition, performance or entertainment in which animals are or might be involved without the prior written consent of the Council.
6.15 The Hirer will not permit the operation or release of any high flying object without the prior written consent of the Council and the Civil Aviation Authority.
6.16 It is the responsibility of the Hirer to liaise with the Council and the Police regarding the impact the Event may have on traffic arrangements in the vicinity of the Venue. The Hirer agrees to comply with any requirements of the Council and the Police regarding traffic management.
6.17 The Hirer agrees that where the Venue is to be used in the dark then they will provide appropriate lighting to cover all areas to which the public are admitted or have access.
6.18 Where there is restricted access to the Event the hirer shall ensure that all closed entrances are clearly marked with the location and direction of the next convenient entrance.
6.19 The Hirer shall take appropriate precautions if bringing into the Venue any article of an inflammable or explosive character or that produces an offensive smell, or CFC or any oil, electrical, gas or other apparatus.
6.20 The Hirer may only use generators at the Event during the Permitted Hours.
6.21 The Hirer must require persons on the KGV to keep any dogs on a lead.
6.22 The Hirer shall repay to the Council on demand the cost of reinstating, repairing or replacing or cleansing any part of, or property in the Venue if damaged, destroyed, stolen or removed as a result of the Hirer’s negligence. The Council’s valuation of any damage/loss is final and invoices, with reasons, for costs will be provided.
7 Right of Entry
7.1 Authorised Council officers or Members shall be permitted entry to the Venue at all
times during the period of hire.
7.2 The Council reserves the right to refuse admission to or evict any person from the
Venue.
8 Assignment
8.1 The booking shall be personal to the Hirer and the right to use the Venue shall not be sublet, assigned or otherwise transferred.
9 Promotion and Publicity
9.1 If the Hirer promotes the Event, or sells tickets in advance of agreement with the Town Council to hire the Venue, the Hirer does so completely at their own risk. The Council will only offer to hire the Venue when all aspects of this hiring agreement are satisfied. Fly-posting is not allowed and all advertising material is to be removed by the Hirer at the end of the hire.
10 Permits and Licences
10.1 Nothing shall be done by the Hirer that shall or may contravene the terms and conditions of any licence, permit and/or licences or consent issued in respect of the Venue. The Hirer shall ensure that their Event complies with the Licensing Act 2003 and the Premises Licence or Temporary Event Notice issued by Colchester Borough Council as the Licensing Authority.
10.2 Where alcohol sales have been approved as part of an Event by the Council, the Hirer shall ensure that a Personal Licence Holder is present at all times and that the details of the Licence Holder have been provided to the Council 2 weeks in advance of the Event.
11 Health and Safety
11.1 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 at all times during the Event and while preparing the Venue for the Event.
11.2 The Hirer shall submit to the Council a copy of their risk assessment for the Event eight weeks in advance of the Event date, and shall produce evidence that the risk assessments of participants and contractors have been obtained and approved.
11.3 For larger events, where more than 500 people are likely to attend, the Council will request a comprehensive Event Safety Plan.
12 Event Stewards and Security Staff
12.1 The Hirer shall ensure that an adequate number of event stewards and security staff are appointed appropriate to the nature of the Event and the number of persons expected to attend.
12.2 The Hirer shall ensure event stewards have received suitable training to a level appropriate to the nature of the Event.
13 Liability, Indemnity [& Insurance]
13.1 This clause specifies the financial liability of the Hirer and the Council (including any liability for the acts or omissions of its employees, agents and subcontractors) under this agreement in respect of:
(a) any breach of terms of this agreement;
(b) any use made by the Hirer of the Venue or any part of it; and
(c) any representation, statement or tortuous act or omission including negligence arising under or in connection with this agreement.
13.2 All warranties, conditions and other terms implied by the statute or common law will apply to this agreement and for the avoidance of doubt nothing in this clause excludes or limits the liability of the Council:
(a) for death or personal injury caused by the Council’s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter for which it would be illegal for the Council to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.