Hiring the Hall
Terms and Conditions
Cancellation of Hiring
East Herts Council
The Council, through the Castle Hall Manager, reserve the right to cancel the hiring:-
- In the event of a breach or an anticipated breach of any condition or conditions of the hiring including any special conditions imposed under Application to Hire hereof, or
- If at any time prior to the commencement of the function it shall appear to the Council that the Hirer has made a material omission from or misstatement in the application form, or
- If at any time prior to the commencement of the function the programme or other detailed particulars referred to in Application to Hire and Public Announcements and Advertisements hereof have not been supplied or, if supplied have not been approved by the Council, or
- If any sum payable under Scale of Charges hereof is not paid by the Hirer by the date upon which it is due. The Council may also cancel the hiring:-
- In the event of the Council themselves being desirous of using the accommodation on the date upon which it has been let to the Hirer in connection with an occasion of national rejoicing or mourning of for the purpose which in the opinion of the Council is of Civic or National importance by giving to the Hirer such notice of cancellation as the Council, in all circumstances, consider reasonable.
- In the event of the accommodation being required on the date upon which it has been let to the Hirer for the purposes of a Parliamentary, County Council or District Council Election, by giving to the Hirer such notice of cancellation as the Council, in all circumstances, consider reasonable. Upon such cancellations under (a), (b), (c) and (d) the Hirer shall not be released from any of his obligations under the Agreement and such cancellation shall not affect any right or remedy to which the Council shall be entitled to retain any monies paid by way of a deposit and to sue for any balance outstanding. Upon such cancellation under (e) or (f) the Council shall return to the Hirer any monies paid by way of a deposit but shall not be under any liability to the Hirer for any loss or damage he may sustain arising out of such termination.
Hirer
The Hirer shall have the right by notice, in writing to the Castle Hall Manager to terminate the Agreement at any time. Upon such termination the Hirer shall be liable to the Council as follows:
- If the termination is made more than 28 clear days before the date or first date of hiring (excluding the date upon which notice is received by the Castle Hall Manager and the date or the first date of hiring) the deposit will be retained by the Council.
- If the termination is made less than 28 clear days before the date or first date of hiring (excluding the date upon which notice is received by the Castle Hall Manager and the date or the first date of hiring) the Hirer will be liable for the total hire charges, if however, the Castle Hall Management can re-let the space to a new Hirer only the deposit will be retained.
Sub-Letting
The Hirer shall not sub-let the Hired Accommodation or any part thereof and should the Hirer do so or attempt to do so the Council shall be entitled to cancel the Agreement and provisions under Cancellation shall apply.
Maintenance of Good Order
The Hirer shall ensure that no undesirable person is permitted to enter, remain or otherwise make use of the Hired Accommodation. The Council reserve the right through the Castle Hall manager to require the Hirer to remove or cause to be removed any person from the accommodation without giving any reason for so doing. In the opinion of the Castle Hall Manager, the employment of additional staff over and above the normal quota for a function, or of Police Officers or Security Guards, is deemed necessary to keep order, prior to, during or after a function, such persons shall be employed and charged to the Hirer. The Hirer will be advised of such a decision and relevant costs, where possible, prior to the event.
Care of the Accommodation:
The Hirer must take every care of and shall not cause any damage or permit or suffer any damage to be done to floors, chairs and other furniture and fittings. Chairs, tables, furniture and equipment, whether already on the premises or brought onto the premises by the Hirer, shall not be used or placed otherwise than as may be approved by the Castle Hall Manager, and in particular nothing shall be placed in gangways, corridors, vestibules, entrances or exits. No open fires, petrol or spirit stoves, machinery or any dangerous or inflammable items shall be brought into or used in any part of Castle Hall. No bolts, nails, tacks, screws, pins or other like objects shall be driven into any part of the accommodation nor shall any placards or other articles be fixed thereto. No decorations or banners shall be displayed within the accommodation without the consent of the Castle Hall Manager. The Hirer shall remove all consented decorations or banners at the end of the function.
State of the Accommodation:
The Hirer shall leave the Hired Accommodation in as good order and in as clean a condition as at the commencement of the hiring, if default is made the Hirer shall pay to the Council a reasonable charge for putting the Hired Accommodation in order. If in the opinion of the Castle Hall Manager, the use of the hall shall cause an excessive amount of litter, the Hirer shall pay an extra cost involved in its removal. Unless the Hirer shall show before the commencement of the period of hire that any property of the Council is damaged, property shall be deemed to have been in Castle Hall and undamaged at the commencement of the period of hire.
Indemnities:
The Hirer shall:
- Repay to the Council on demand the cost of reinstating, repairing or replacing any part of Castle Hall which shall be damaged, destroyed, stolen or removed during the period of hire or prior or subsequent thereto if in relation to or by reason of the hiring. This cost shall be certified by the Director of Central Services whose certificate will be final.
- Indemnify the Council against all claims, demands, actions or proceedings in respect of:
- Any damage to or loss, theft or removal of property in Castle Hall belonging to any person other than the Council.
- Any loss or damage suffered or sustained by any person in consequence of the death of or injury to any person (other than a servant of the Council while carrying out their duties as such a servant) howsoever or by whomsoever caused, which shall occur while such person is in or upon any part of Castle Hall or arise from any accident or occurrence which shall occur while such person is in or on any part of Castle Hall provided always that the foregoing indemnity of this condition shall not apply to damage, death or injury occasioned by or in consequence of lightning, thunderbolt, earthquake, storm, tempest, flood, aircraft, articles dropped from aircraft or impact of vehicles, horses or cattle or the acts of foreign enemy or wilful destruction by or under order to the Government or any public authority or removal of any property in Castle Hall in consequence of a confiscation, nationalisation or requisition by the Government or any Public Authority. Note: The Council are not insured against the risks referred to in sub-clause (2 (1)) and (2 (2)) other than risks referred to in the proviso to Clause (2 (2)). The Council may at the discretion of the Castle Hall Manager and as a condition precedent to this Agreement require the Hirer to insure himself up to a reasonable amount against his liability under this Clause, to pay the premium on such insurance and to produce a policy for inspection.
Right of Entry
- The Council reserve to themselves the right of entry for their duly authorised officers, servants and to any Police Officer on duty access to all parts of the Hired Accommodation at all times and require that instructions must be given by the Hirer for their admission.
- The Council reserve the right to refuse admission to or remove from, the Hired Accommodation any person or persons without stating any reason therefore.
Public Announcements/Advertisements:
No public announcement by Television, Radio, Press Advertising, editorial, posters, leaflets or any other medium shall be made by an applicant as to the object of the hiring until the application has been officially approved and accepted in writing by the Council and the deposit paid by the intended Hirer. When the hiring procedure is satisfactorily concluded, the Hirer undertakes to submit to the Castle Hall Manager, prior to advertising the performance, proofs of the proposed printed programme and any tickets, posters or handbills intended for use.
Flyposting:
The practice of displaying posters on vacant shop premises, street furniture, builders hoardings, pedestrian underpasses etc. without consent of the local planning authority is illegal and makes the offender liable on summary conviction to substantial penalties under the provisions of the Town and Planning Act 1971.
Hirers are warned that the Council may take legal proceedings in such cases and the unauthorised display of posters may result in the cancellation of the hiring to which the posters refer, and will be taken into account when future application to hire Castle Hall is made.
Sale of Tickets:
Where a charge is made for admission to an event at Castle Hall, entry shall be by way of ticket only. A box office service is available to Hirers whereby tickets are prepared by computer, and sold by the Castle Hall staff with a commission rate being charged on the value of the tickets sold. All credit or debit card charges will be recovered from the Hirer.
Payment for tickets sold (less commission and credit / debit card charges) will be made by Crossed Cheque dispatched by post as soon as possible after the event. If tickets are to be prepared and sold independently of the Castle Hall box office proofs of the proposed tickets must be submitted to and approved by the Castle Hall Manager prior to the advertising of the event. The maximum number of tickets that the Hirer may have printed and distributed shall not be more than the number of persons who for the purpose of the Agreement may be admitted to the hall. All such tickets shall be numbered consecutively. In the case of a dance, disco or ball each ticket printed shall have printed on it the following words: "No admission after 10.45 pm with or without a ticket."
Admission to Castle Hall Where No Entry Charge is Made:
The maximum number of persons allowed in the Hired Accommodation at any time shall be as entered on the application form and shall be by way of ticket only which shall be provided by the Hirer (unless the consent of the Castle Hall Manager has been given to the contrary). All such tickets shall be numbered consecutively and a sample provided.
In the case of a dance reception or private party, each ticket printed shall have printed on it the following words: "No admission after 10.45 pm with or without a ticket."
Merchandising:
Except with the previous consent of the Castle Hall Manager, no goods of any description shall be sold or supplied in or upon any part of the Hired Accommodation otherwise than by the Council. If permission is granted for the Hirer to sell merchandise of any kind, a charge of 10% of total gross sales or £25 whichever is greater, may be required to be paid by the Hirer to the Council and shall be subject of agreement with the Castle Hall Manager or their representative prior to the event taking place.
Licensed Bar Service:
The Castle Hall is fully licensed for the supply of intoxicating liquors. The Council reserve the exclusive right during any hiring period to keep the bar opened during hours normally permitted by the licensing action and may refuse to provide a bar if they are of the opinion that the hiring is for a function at which the bar should be closed for any reason. No intoxicating liquors whatsoever shall be brought or allowed to be brought into any part of Castle Hall by the Hirer or any person or persons connected with the hiring.
Lotteries, Raffles and Gaming
- The Hirer shall not hold or permit to be held on the premises any lottery other than a lottery which is lawful by virtue of the Betting, Gaming and Lotteries Act 1963, or any subsequent amendment thereto, nor to use or permit the premises to be used for the purpose of Gaming unless the written consent of the Council thereto has been obtained.
- Where the Hirer intends to hold a Lottery which is lawful by virtue of the Betting, Gaming and Lotteries Act 1963, or any subsequent amendment thereto he shall deliver to the Castle Hall Manager at least 7 days before the holding of the function;
- A signed declaration that the proposed lottery is exempt from a licence, or
- The licence itself.
Stage, Backstage and Dressing Rooms, etc
Except by permission of the Castle Hall Manager, no person other than those participating in a performance shall be allowed in the backstage area, the artistes dressing rooms, or any stairways leading thereto. It should be noted that smoking is prohibited in the aforementioned areas at all times.
Property of the Hirer:
All furniture, apparatus or appliances brought or sent to the accommodation by the Hirer must be unloaded, placed in position and removed by persons employed by the Hirer at such times as shall be agreed by the Castle Hall Manager having regard to engagements in the building. The Hirer shall remove all property belonging to him immediately following the hiring unless otherwise agreed, failing which, he shall be liable to be charged at the appropriate hourly rate for every hour or part hour after the time that such property is left in the accommodation. In addition, the Council may arrange for the removal and storage of such property left in the accommodation, and the Hirer shall pay the cost of the Council in so doing. The Council shall not be liable to the Hirer in respect of any loss or damage to the Hirer's property in undertaking such removal and storage. It should be noted that the hirer is responsible for arranging porterage of their own property before, during and after the function.
Fire Safeguards:
All textile fabrics which may be used in connection with exhibition stands or for decoration shall be rendered satisfactory non - inflammable. All scenery, cloths, draperies, gauze cloth, floral decorations, properties, hangings, curtains of all fabrics and decorations shall be non-inflammable. Plywood and other thin wood shall not be used in conjunction with scenery except in accordance with such conditions as may be imposed by the Council. No cotton wool shall on any account be used for decorative purposes or to be worn on the outside of any dress or costume. No stall or erection shall be so placed as to obstruct any exit. No gas or oil stove, oil lamps or candles shall be used at bazaars, on or in close proximity to any stall or erection where their presence may be a source of danger. No compressed gas or inflammable substance shall be brought into or used in the accommodation except by the special sanction of the Castle Hall Manager. The Council reserves the right to impose such further or other conditions which having regard to the particular hiring, it may consider necessary in the interest of public safety. The Hirer shall pay the cost of the engagement by the Council of a Fireman to comply with the licensing requirements at any public function where scenery and/or naked flames are in use. In the event of the Council's insurance company requiring the Council to pay an additional premium in respect of the fire insurance because of special fire risks created by or in connection with the function, the Hirer shall, in addition to the charges otherwise payable by him to pay to the Council before the function begins a sum equal to the amount of the said additional premium. In no case will any naked flames be permitted in any part of the accommodation without prior consent of the Council.
Smoking is strictly forbidden in the stage, backstage, dressing rooms and adjoining stairways at all times.
Licences:
- The Council is licensed for the sale of intoxicating liquor, public entertainment, theatre, boxing and wrestling and no further licences for these specific purposes except for extensions outside normal hours need be obtained. The Council is not licensed for cinematography performances, should the Hirer require to show cine-film or video he must obtain the relevant licences from the licensing authority. In order that the management may comply with the requirements of such licences, the Hirer shall give at least one month's notice if it is proposed to use the accommodation for the purpose of a stage play or presentation of a similar nature. The Hirer shall strictly observe any conditions made by the Council, the Fire Officer or other authority as to stage plays and number of persons to be admitted, arrangement of seat gangways and any other related matter.
- In any letting there shall be deemed to be implied on the part of the hirer an undertaking with the Council strictly to observe and perform all statutory provisions and regulations imposed by the Licensing Justice or other statutory bodies and to conform to the conditions of all licences held by the Council, and to indemnify the Council and their officers and servants from all penalties, damages and costs which they may incur in consequence of any breach or default in complying with any such provisions, regulations or conditions. Copies of licences held may be inspected at the office of the Castle Hall Manager.
Copyright:
The Council have obtained the licences of the Performing Rights Society Limited for the performance of copyright musical works in the Castle Hall on the understanding that returns of all works so performed will be made by the Hirer to the Society. The Hirer shall comply with the terms and conditions of the Society Licence and immediately after the function at which musical works are performed, shall complete the Society's programme form (to be supplied to him by the Castle Hall Manager) giving details of all musical works performed and forward the completed form to the Society. Copyright works not covered by this Licence must not be performed without the consent of the owner of the copyright and the Hirer shall be responsible for obtaining such consent and shall indemnify the Council against all claims, demands, actions and proceedings arising out of any infringement of copyright or the unauthorised playing performance or use of any record or other apparatus during hiring. The Hirer will be liable for and must make arrangements for the payment of any taxes or royalties chargeable or payable in respect of the function. In the case of Popular Music Performances the Hirer shall provide information to the Council in respect of actual box office receipts (net of VAT) to comply with the Society's Licence Regulations.
Children and Young Persons Act:
When children's entertainment are held the Hirer shall arrange for sufficient adult supervision by persons accustomed to the care and control of children.
Complaints:
Any complaint regarding any of the arrangements connected with the function must be made in writing to the Castle Hall Manager and delivered by hand within 72 hours of the cause of such a complaint arising.
