1.0 INTERPRETATION
These conditions accompany the attached scale of charges and the relevant Application for Hire Form.
Please note the following:
The expression “the Centre” refers to buildings under the control of Lisburn & Castlereagh City Council and shall include the building and all outside grounds, facilities used and occupied in connection herewith, together with the equipment fixtures and fittings belonging to the premises, but this expression does not imply that the Hirer has the right of all such ground facilities or equipment, but only those which may be allocated to him in accordance with the confirmation of booking.
The expression “The Council” means Lisburn & Castlereagh City Council.
Island Arts Centre is the Council’s Centre in the City for the Arts. If time and space are available, then the Facility will be made available for other community non-arts activities.
2.0 GENERAL TERMS & CONDITIONS
2.1 On making a booking application, the Hirer must agree to abide by these Conditions. All hirers must ensure that they read the content of this document before signing the booking form. Any concerns or points of clarification should be raised with the Arts Administration Coordinator who will be happy to deal with your enquiry.
2.2 The Application for Booking must be returned, completed and agreed prior to the commencement of the Hiring period.
2.3 Failure to comply with these Conditions may result in the Council revoking permission to use these premises with immediate effect and in future use of the Centre by the Hirer being withdrawn. In addition, the Hirer will be held responsible for any financial costs incurred as a result of a breach of these Conditions.
2.4 Officers of the Council have the right to inspect all hiring activities to ensure that they are being organised in accordance with these Conditions and to check that the information in the booking form is correct.
2.5 The applicant named on the Application for Booking shall be the Council’s sole point of contact with the Hirer and shall be responsible for (and shall have authority to ensure) compliance on the part of the Hirer with all of these Conditions.
2.6 The Hirer agrees that, in signing this form, he/she is accepting responsibility for the actions of the user group, its members and their invited guests.
2.7 The council reserves the right to cancel or change a booking reservation at any time without liability, but will forthwith refund to the hirer all charges paid.
3.0 APPLICATION FOR HIRE AND CHARGES
3.1 Booking Application Forms are available by contacting the ISLAND Arts Centre.
3.2 The Facilities cannot be used for a period in excess of the agreed Hiring Period. In the event of this Condition being contravened, then, without prejudice to any rights the Council may: (a) charge the Hirer for the excess period at such rate as the Council considers appropriate (but in any event no less than the normal hiring rate for the Facilities used); or (b) be entitled
to require the Hirer (and any users) to vacate the Centre and the Facilities hired.
3.3 The Council has an agreed scale of charges, which are reviewed and published annually. During the booking application process, you will be informed of the appropriate rate along with a copy of the booking form. Any set up time by the hirer will be included in the rental cost.
3.4 Hirers should note that a booking application/request is only confirmed when the booking application form has been completed, signed and returned to the Arts Administration Coordinator. Until a copy of the booking form is issued as confirmation of the booking hirers should refrain from booking any other services such as catering and entertainment.
3.5 At the expiration of the Hiring Period the Hirer must leave the Centre in a clean and orderly state free of litter, and the Hirer shall remove all equipment or other belongings previously brought to the Centre by or on behalf of the Hirer.
3.6 There shall be no subletting of the Facilities without the Council’s prior permission in writing.
3.7 A Hirer that levies any charge on Users in connection with any Hiring Period must declare this on their booking form and may require consent from the Council to do so
3.8 No part of the Centre is to be used for any unlawful purpose or in any unlawful way.
3.9 No animals (with the exception of guide dogs), are to be brought into the Centre or allowed to enter the Centre without the Council’s prior consent.
4.0 DEPOSIT AND PAYMENT
4.1 Unless otherwise agreed in advance in writing by the Council, the Hirer shall pay to the Council the appropriate fee set out in the Council’s approved scale of charges for hire of the Centre in force at the date on which the Facilities are used by the Hirer.
4.2 For ad hoc/ one off bookings/activities and use of the facilities payment of the fee is due prior to the commencement of the hiring period, unless invoicing arrangements are made in advance with the council and subject to councils Cash Handling and Credit Control Procedures. [Non-payment of the Fee prior to the commencement of the Hiring Period, shall entitle the Council to cancel the Hirer’s booking (in whole or part).]
4.3 In the case of a series of lettings, whereby the hirer is invoiced monthly, all accounts must be settled within 30 days, otherwise further use of the premises may be withdrawn.
4.4 In the case of special events being held at the Facility, the Council may require a non-refundable deposit of 20% before the event can be confirmed.
4.5 For certain types of functions a deposit will be required to be paid at the time of booking, with the remaining balance being due at least 2 clear working days in advance of the booking date.
4.6 Payments can be made in cash, card or cheque made payable to “Lisburn & Castlereagh City Council”. Failure to make prompt payment of accounts may result in any further use of facilities being withdrawn.
5.0 CANCELLATION BY THE HIRER
5.1 If the Hirer wishes to cancel the hiring in whole or in part, the Hirer must provide the Council with not less than 14 days’ prior written notice.
5.2 If the Hirer fails to provide the Council with the appropriate notice required under Condition 5.1 and/or fails to take up the hiring during any Hiring Period, the Hirer will still be liable for payment of the Fee in full, PROVIDED THAT in the event the Council can re-hire the Facilities to a third party during the Hiring Period reserved by the Hirer, the Council may, at its discretion, refund up to 80% of the Fee paid. For the avoidance of doubt, in the event of cancellation by the Hirer, the Council shall be under no obligation to source a third party to hire the Facilities for the Hiring Period booked by the Hirer.
6.0 CANCELLATION BY THE COUNCIL
6.1 The Council may cancel the hiring: (a) if the Facilities are rendered unusable to any event beyond its reasonable control (within the meaning of Condition 22.5); (b) if the Hirer fails to perform any of its obligations under these Conditions; or (c) at its discretion, at any time, without cause, upon giving notice to the Hirer.
6.2 The Fee paid in respect of a hiring cancelled in accordance with Condition 6.1(a) or 6.1(b) will be refunded provided that these Conditions and the general rules and conditions of use of the Centre have been complied with by the Hirer, but the Council shall not be liable for any expenditure incurred or loss sustained (whether directly or indirectly) by the Hirer arising from such cancellation.
6.3 The Council reserves the right to refuse to accept an Application for booking for any reason whatsoever without being obliged to disclose that reason to the Hirer.
7.0 SAFEGUARDING
7.1 Where applicable hirers who book the Centre for more than one session per year, have substantial access to children, young people or vulnerable adults, the Hirer is required:
- To have its own Safeguarding Policy and Procedures;
- To have undertaken the necessary Police and Access NI checks on staff/volunteers that have substantial access to children and young people to ensure all members of the group/organisation are suitable to work with children and young people; and
- To adhere to the Council’s Safeguarding Policy (available on request), including the provision of adequate staff supervision.
7.2 All Hirers must ensure that children/young people are supervised at all times.
7.3 Responsibility for the welfare of the children at the Centre rests with the hirer at all times.
8.0 USE OF PHOTOGRAPHIC AND MEDIA EQUIPMENT
8.1 Use of photographic media equipment by or on behalf of the Hirer is only permitted with the prior consent of all participants. Where the participants are children under 18 years, prior written consent must be obtained from all their parents/guardians. All responsibility for obtaining consent rests solely with the Hirer.
8.2 Permission must be sought from the council in advance for the use photography equipment.
8.3 The Hirer is not to grant broadcasting or filming rights without the prior consent of the Council.
9.0 HEALTH & SAFETY
9.1 You must comply with all relevant statutory legislation including the Health and Safety at Work (NI) Order 1978 and all other Regulations and Approved Codes of Practice issued thereunder relating to health and safety, so far as is reasonably practicable.
9.2 You must comply with any relevant Council Policies and Procedures and in particular must comply with the Council’s Accident and Incident Reporting Procedures whilst on Council premises, or in connection with Council undertakings, ensuring all accidents/incidents/near misses are reported without delay to an authorised Officer of the Council.
9.3 You should cooperate with Lisburn & Castlereagh City Council to provide and maintain a safe environment. This may include the provision of risk assessments, evidence of competence and/or evidence of equipment/machinery safety as appropriate.
9.4 If you or a member or members of your group have a disability or special needs which may affect your/their ability to evacuate the premises it is your responsibility to advise the Council during the booking process and supplying any additional relevant information in writing to be passed on to the Arts Administration Coordinator.
10.0 FIRE AND SAFETY PROCEDURES
10.1 In signing this form the hirer must be aware of, and have read, the Council’s Fire and Safety Notes in respect of the hire of the Centre, these are denoted in points 10.1 to 10.7 inclusive.
10.2 Hirers must ensure that all Emergency Exits are kept clear, and that entrance doors and corridors are kept clear from obstruction.
10.3 The Hirer must ensure that events are conducted in a safe manner. If a problem arises during the course of an event, which is likely to put guests at risk, it is the Hirer’s responsibility to cancel the function immediately, vacate the premises and report to Arts Centre Staff.
10.4 The Council Staff in attendance (if approved) will have the final authority in terms of the cancellation of any function due to a breach in the Terms of Hire, or for reasons of Health & Safety.
10.5 In the event of any Alarm i.e. Fire or other emergency situation, the premises must be evacuated immediately and any instructions given by Council Staff must be followed.
10.6 The Hirer must ensure that it, its volunteers and all persons attending the event comply strictly with all health and safety legislation.
10.7 The Hirer will make all health and safety announcements required by the Council at the beginning of the event.
11.0 CATERING ARRANGEMENTS
11.1 If you require the use of the Kitchen, this should be clearly indicated on the booking application form.
11.2 10 days’ notice must be given for any catering requirements for your event. Final numbers should be notified no less than three working days prior to the event.
11.3 No portable equipment or heating equipment is to be brought onto the premises by the Hirer.
12.0 ALCOHOL
12.1 No alcohol is to be permitted on the premises at any time by the Hirer, their members or invited guests, unless written confirmation has been sought and received from the Director of Leisure and Community Services.
13.0 RESPONSIBILITY OF THE HIRER FOR GOOD ORDER AND SAFETY
13.1 The Hirer must ensure that during each Hiring Period all statutory provisions or bye-laws are strictly observed and that those participating in or spectating at each event or activity, do not act in a manner which will contravene these Conditions, any licensing or insurance provision and the general rules and conditions of use of the Centre. The Hirer shall be liable for any breach thereof as if such breach had been committed by the Hirer.
13.2 The Hirer shall employ sufficient Stewards to maintain good order during the Hiring Period and shall remove any person acting in a disorderly manner or disobeying any instruction of the Council or any member of its staff.
13.3 The Hirer will bear sole responsibility for the administration, organisation and running of each event or activity included in the Application for Booking and no responsibility whatsoever will devolve on the Council in respect of any assistance given by special arrangement.
13.4 The Hirer must comply with all instructions issued by the Council or authorised deputy with regard to the movement and control of vehicles in the access roads or car parks of the Centre and persons whether participants or spectators in all parts of the Centre including any external facilities.
13.5 Seating must not be re-arranged or added to, and all doors, entrances, corridors and exits must be kept clear and ready for use in an emergency. The Hirer will indemnify the Council against any and all claims made against it, or losses by the Council where such claims or loss is directly or indirectly due to its failure to comply with this Condition 14.5.
13.6 The Hirer will pay the Council on demand the cost of repairing any damage caused to any part of the Centre or any fixtures or fittings therein during the Hiring Period. Any breakages, damage to property that occurs during the hiring period by the Hirer or the Hirers members or guests will be the responsibility of the Hirer. Failure to tender payment for such repairs within
14 days of the date of the invoice may (without prejudice to any other legal remedy to which the Council may be entitled) result in future bookings being refused.
13.7 At the conclusion of each Hiring Period the Hirer will ensure that the Centre is vacated in an orderly fashion and that all changing rooms, toilets, showers and any other rooms included in the hiring are left in a clean and tidy state. Any damage caused to any fixtures and fittings in any part of the Centre during the Hiring Period must be reported immediately to the Centre’s Duty Manager or staff in attendance.
13.8 The hire arrangement is not transferable unless approved in advance in writing by the Council and any transfer may be made subject to such special conditions, as the Council impose at its discretion.
13.9 The Council reserve the right to refuse entry to the Centre or any part thereof, to any person suspected of having partaken of any excess of alcohol or substance abuse. The judgement of the Centre’s duty manager in this regard will be final.
13.10 During the Hiring Period, the Hirer is responsible for: (a) effective control of children; (b) orderly and safe admission and departure of persons to and from the Facilities; (c) orderly and safe vacation of the Facilities in case of emergency; (d) preservation of good order and decency at the Facilities; and (e) liaising directly with any third party relevant to the hiring and confirming details with the Council prior to the Hiring Period.
13.11 The Hirer shall: (a) supply to the Council as much information as possible regarding the hiring; (b) notify the Council in advance of any special requirements for persons attending the Centre; (c) fully and fairly represent the purpose of hiring. Any misrepresentation may result in cancellation of the hiring by the Council at any time; and (d) agree prior to the Hiring Period any changes in the Hiring Period required by the Hirer.
13.12 The Hirer should inspect the centre and facilities to ensure they are satisfied with the overall condition and cleanliness. Any concern should be reported to the staff in attendance.
13.13 The Hirer must comply with all council policies such as No Smoking and the Alcohol Policy. Failure to comply with these conditions may result in the Council revoking permission to use these premises with immediate effect and any future use of the Centre by the Hirer being withdrawn. In addition appropriate enforcement bodies will be informed.
13.14 All premises must be vacated by the end of the hiring period and in all cases should be no later than times detailed within Licence requirements or Council policies.
13.15 Hirers must comply with the Council’s Entertainments Licence, ensuring that the maximum numbers for guests and members is not exceeded under any circumstances. Details of maximum numbers can be obtained from the centre and the entertainments licence is displayed on the centre notice board.
14.0 EQUIPMENT TO BE BROUGHT ONTO
THE CENTRE
14.1 Any equipment which is brought onto the Centre by the Hirer, members or guests, must be in a safe condition.
14.2 The Hirer agrees to indemnify the Council against any claims, action, demands, costs or proceedings which may arise out of the use of any equipment not belonging to the Council.
14.3 All electrically powered equipment must have a current test certificate to conform to Portable Appliance Testing (PAT) standards for Health & Safety. The Council’s designated Electrician will undertake this on an annual basis although the Council’s Arts & Events Technicians are qualified to undertake any emergency testing required.
15.0 MUSICAL EVENTS
15.1 The Hirer is requested to keep the noise level to an acceptable level. Any complaints received and/or instructions given by Council staff or evening security personnel should be immediately and fully adhered to.
15.2 The Hirer’s attention is also drawn to their legal requirement under the Performing Rights Society for live musical performances. Further information is available upon request. You are advised that an Entertainment Licence is required for functions involving the provision of music, singing, dancing, theatrical performances, sporting exhibitions or competitions where
there is any form of monetary charge for entry to the function. Such charges include payment at the door, entry by pre-paid tickets or any form of charge for drinks, meals etc.
15.3 In the use of the Facilities, the Hirer is not to infringe any copyright or allow any copyright to be infringed.
15.4 If the use of the Facilities will involve the performance of any musical or dramatic works it will be the responsibility of the Hirer to obtain, prior to the Hiring Period, the consent of the owner of the relevant copyright and pay all other fees which may be payable in respect of the function.
16.0 CARE OF THE FLOOR AREA
16.1 Where special footwear is required in any part of the Centre the Hirer must ensure that this is strictly observed.
16.2 Floor chalk or any other substance should not be put on any floor within the centre. The Hirer should seek further advice and instructions from the Council staff regarding functions involving dancing or the provision of staging.
17.0 PUBLIC LIABILITY INSURANCE
17.1 Public Liability Insurance, for the premises, is held by the Council against any negligence on the part of Lisburn and Castlereagh City Council.
17.2 The hirer must also agree to indemnify the Council, (such liability to be joint and several), against all claims, actions, demands, costs or proceedings which might arise out of any negligent act or default of the hirer, the members and guests using the premises. The Hirer must obtain additional Public Liability Insurance cover in their own name when special risks can be anticipated.
17.3 Depending on the nature of the event, the Hirer may be required to conduct its own risk assessment and implement necessary actions arising from it. The hirer is responsible for the risk assessment and any control measures of their event and the Council may ask for evidence to demonstrate risks have been assessed and control measures are in place.
18.0 NO SMOKING POLICY
From Monday 30 April 2007 it is against the law to smoke in ‘enclosed and substantially enclosed workplaces and public places, and in vehicles’. The Hirer must agree to abide by this policy. If the Hirer, any invited members or guests fail to abide by this policy this may result in the Council revoking permission to use these premises with immediate effect and possible future use of the Centre by the Hirer, being withdrawn. In addition, Council Enforcement Officers will be notified of the breach in legislation.
19.0 ALTERATIONS OF TERMS AND CONDITIONS
The Council reserves the right without prior notice at any time to alter or amend the whole or any of these Conditions.
20.0 BREACH OF CONDITIONS
20.1 If the Hirer fails to observe and perform its obligations under these Conditions, the Council may: (a) charge to and recover from the Hirer any expenses incurred by the Council in remedying any such failure, including the cost of employing attendants, workmen, cleaners or other persons as may be appropriate; (b) cancel the instant or any other hiring of the Facilities by the Hirer without incurring any liability to the Hirer for return of the Fee or otherwise: and/or (c) Require the Hirer to leave the Centre.
20.2 The Hirer shall indemnify the Council in full upon demand against any costs, claims, demands, liabilities or expenses arising out of or in connection with a breach by it of its obligations under these Conditions.
20.3 The Council’s decision as to whether any act or omission constitutes a breach of these Conditions is final.
21.0 LIMITATION OF LIABILITY
21.1 The Council’s total liability arising out of or in connection with these Conditions shall be limited to the Fee paid.
21.2 The Council will not be liable for any consequential losses, claims, demands, actions, proceedings, damages, costs or expenses or other indirect or consequential liability incurred by the Hirer in the exercise of the rights granted by these Conditions.
21.3 The Council will not, under any circumstances, accept responsibility or liability in respect of any damage to or loss of any goods, articles or property of any kind brought into or left at the Centre either by the Hirer for its own purpose or by any other person or left or deposited with any officer or employee of the Council.
21.4 Nothing in this Condition 22 shall operate so as to limit or exclude the Council’s liability for death or personal injury caused by its negligence.
21.5 The Council will not be liable for any loss due to any breakdown of machinery, failure of supply of electricity, leakage of water, civil disturbances, Government restrictions or Act of God which may cause the Facilities to be temporarily closed or the hiring to be interrupted or cancelled.
21.6 The Council gives no warranty that the Centre is legally or physically fit for any specific purpose.
22.0 RIGHT OF ENTRY
22.1 The Council reserves the right for duly authorised members or Officers or employees of the Council to enter the Facilities at any time for any authorised purpose.
22.2 The Council reserves the right to exclude or eject, as it thinks reasonable, any persons from the Facilities, function or any other premises of the Council as it shall consider objectionable (including any engaged by the Hirer to provide duties or entertainment) and the Hirer will be liable for any liability arising thereby save where the Hirer establishes negligence or bad faith on the part of the Council.
23.0 GOVERNING LAW
These Conditions shall be governed by and construed in accordance with Northern Irish law and the parties irrevocably submit to the jurisdiction of the Northern Irish courts.