Standard conditions of hire

If the Hirer is in any doubt as to the meaning of any of the conditions, the centre’s administrator, or a trustee should immediately be consulted.

Age 

The Hirer, not being a person under 18 years of age, hereby accepts responsibility for overseeing and on the premises at all times when the public are present and for ensuring that all conditions, under this Agreement, relating to management and supervision of the premises are met.

Supervision

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

– supervision of the premises, the fabric and the contents
– their care, safety from damage however slight or change of any sort;
– the behaviour of all persons using the premises whatever their capacity, including proper supervision of car parking arrangements so as to avoid obstruction of the highway.

As directed by the centre’s administrator, the Hirer shall make good or pay for all damage (including accidental damage) to the premises or to the fixtures, fittings or contents and for loss of contents.

Use of premises

The Hirer shall not use the premises (including the car park if any) for any purpose other than that described in the Hiring Agreement and shall not sub-hire or use the premises or allow the premises to be used for any unlawful or unsuitable 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 thereon without written permission.

Insurance and indemnity

The Hirer shall be liable for:

• – the cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including the curtilage thereof or the contents of the premises
• – the cost of repair of any damage (including accidental and malicious damage) done to our Wi-Fi service (if any)
• – all claims, losses, damages and costs made against or incurred by us, our employees, volunteers, agents or invitees in respect of damage or loss of property or injury to persons arising as a result of your use of the premises (including the storage of equipment) and your use of our Wi-Fi service (if any),
• – all claims, losses, damages and costs made against or incurred by us as a result of any nuisance caused to a third party as a result of your use of the premises and/or the use of our Wi-Fi service (if any)
• subject to sub-clause (b), the Hirer shall indemnify and keep indemnified accordingly each member of the Community Centre management committee and the Community Centre’s employees, volunteers, agents and invitees against such liabilities.
• The Community Centre shall take out adequate insurance to insure the liabilities described in sub- clauses (a)(i) above and may, in its discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (a) (ii) and (iii) above.  The Community Centre shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified each member of the Community Centre management committee and the Community Centre’s 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.

• Where the Community Centre does not insure the liabilities described in sub-clauses (a)(ii) and (iii) 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 Community Centre secretary. Failure to produce such policy and evidence of cover will render the hiring void and enable the hall secretary to rehire the premises to another Hirer.

The Community Centre is insured against any claims arising out of its own negligence.

Gaming, betting and lotteries

The Hirer shall ensure that nothing is done on or in relation to the premises in contravention of the law relating to gaming, betting and lotteries.

Music Copyright licensing

The hirer shall ensure that the Community Centre holds relevant licences under Performing Right Society (PRS) and the Phonographic Performance Licence (PPL) or, where appropriate, the hirer holds a licence. 

Music

A hirer must have our written permission for performance of live music and the playing of recorded music under the Deregulation Act 2015.

This Agreement confers that permission.

Film

Children shall be restricted from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification.  Hirers should ensure that they have the appropriate copyright licences for film.

This Agreement confers the required permission on you. (The Deregulation Act 2015 requires you to have our written permission to show a film).

Safeguarding children, young people and vulnerable adults – Childcare Act 2006

The New Green Community Trust has a duty of care to ensure that unsuitable people are prevented from working with children and vulnerable adults. As part of our commitment, certain requirements are in turn passed on to clubs/groups hiring our facilities.
By signing this agreement, you confirm that you have read these terms and that If persons under the age of 18 or vulnerable adults DO attend your club/group at The New Green Centre, then you have completed and sent to the secretary the requirements as detailed in our safeguarding policy. 

PRIVACY AND DATA PROTECTION POLICY

We are what is termed a ‘controller’ under the GDPR which is the organisation responsible for ensuring your personal data is handled fairly, securely and in a transparent manner. The New Green Community Trust is the Data Controller in this instance. Data Protection Officer INSERT NAME data@thurstonewgreen.co.uk.

We process your information in order to deliver the services you have requested from The New Green Community Trust, in line with the current privacy legislation in the UK. The lawful bases on which we rely on to process ‘personal data’ (as defined by the Data Protection Act 2018) will tend to be:

1. a) For the purpose of delivering the agreed services you have requested (contractual)
2. b) A practical business need (a legitimate interest) to provide you with information directly relating to your membership and operational matters

Your information is stored in locked files and on our encrypted IT system, all are based in the UK and have restricted staff access. Information is, at times, processed by third parties within the European Economic Area (EEA) of which a list can be found in the full privacy policy. Please visit the Privacy Policy webpage to understand your rights and how to exercise these.

If you have any concerns about your information, please contact the Data Protection Officer (details above). The governing body is the Information Commissioners Office, should you wish to raise any concerns or make a complaint their tel. no is 0303 123 1113

Registered office: The New Green Community Trust, New Green Centre, New Green Avenue, Thurston, Bury St Edmunds, Suffolk, IP31 3TG. Registered Charity No. 299410.

 Public safety compliance

The Hirer shall comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, and the hall’s Fire Risk Assessment or otherwise, particularly in connection with any event which constitutes regulated entertainment, at which alcohol is sold or provided or which is attended by children.  The Hirer shall also comply with the hall’s health and safety policy.

The Fire Service shall be called to any outbreak of fire, however slight, and details shall be given to the centre’s administrator or a trustee. 

• The Hirer acknowledges that they have received instruction in the following matters:
• The action to be taken in event of fire. This includes calling the Fire Brigade and evacuating the hall.
• The location and use of fire equipment. (Include diagram of location when handing over keys.)
• Escape routes and the need to keep them clear.
• Method of operation of escape door fastenings.
• Appreciation of the importance of any fire doors and of closing all fire doors at the time of a fire.
• Location of the first aid box.

(b)   In advance of any activity whether regulated entertainment or not the Hirer shall check the following items:

• That all fire exits are unlocked and panic bolts in good working order.
• That all escape routes are free of obstruction and can be safely used for instant free public exit.
• That any fire doors are not wedged open.
• That exit signs are illuminated.
• That there are no obvious fire hazards on the premises.
• That emergency lighting supply illuminating all exit signs and routes are turned on during the whole of the time the premises are occupied (if not operated by an automatic mains failure switching device).
• Noise

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, if using sound amplification equipment, make use of any noise limitation device provided at the premises and comply with any other licensing condition for the premises.

Drunk and disorderly behaviour and supply of illegal drugs

The Hirer shall ensure that in order to avoid disturbing neighbours to the hall and avoid violent or criminal behaviour; care shall be taken to avoid excessive consumption of alcohol.

No illegal drugs may be brought onto the premises. 

Drunk and disorderly behaviour shall not be permitted either on the premises or in its immediate vicinity.  Any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way shall be asked to leave the premises in accordance with the Licensing Act 2003.  

 Health and hygiene 

The Hirer shall, if preparing, serving or selling food, observe all relevant food health and hygiene legislation and regulations. In particular, dairy products, vegetables and meat on the premises must be refrigerated and stored in compliance with the Food Temperature Regulations.  The premises are provided with a refrigerator and thermometer.

 Electrical appliance safety

 The Hirer shall ensure that any electrical appliances brought by them to the premises and used there shall be safe, in good working order, and used in a safe manner in accordance with the Electricity at Work Regulations 1989. Where a residual circuit breaker is provided the hirer must make use of it in the interests of public safety.

 Stored equipment

The Community Centre accepts no responsibility for any stored equipment or other property brought on to or left at the premises, and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring or fees will be charged for each day or part of a day at the hire fee per hiring until the same is removed.

The Community Centre may, use its discretion in any of the following circumstances:

• Failure by the Hirer either to pay any charges in respect of stored equipment due and payable or to remove the same within 7 days after the agreed storage period has ended.

• Failure by the Hirer to dispose of any property brought on to the premises for the purposes of the hiring.

This may result in the Community Centre management committee disposing of any such items by sale or otherwise on such terms and conditions as it thinks fit, and charge the Hirer any costs incurred in storing and selling or otherwise disposing of the same.

Smoking 

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 premises. The Hirer shall ensure that anyone wishing to smoke does so outside and disposes of cigarette ends, matches etc. in a tidy and responsible manner, so as not to cause a fire.

Accidents and dangerous occurrences

Any failure of equipment belonging to the Community Centre or brought in by the Hirer must also be reported as soon as possible.  The Hirer must report all accidents involving injury to the public to a member of the Community Centre management committee as soon as possible and complete the relevant section in the Community Centre’s accident book.  Certain types of accident or injury must be reported on a special form to the Incident Contact Centre.  The Community Centre Secretary will give assistance in completing this form and can provide contact details. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Explosives and flammable substances

The hirer shall ensure that:

– Highly flammable substances are not brought into, or used in any part of the premises and that

• – No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) shall be erected without the consent of the management committee. No decorations are to be put up near light fittings or heaters.
• Heating 

The Hirer shall ensure that no unauthorised heating appliances shall be used on the premises when open to the public without the consent of the management committee. Portable Liquefied Propane Gas (LPG) heating appliances shall not be used.

Animals

The Hirer shall ensure that no animals (including birds) except guide dogs are brought into the premises, other than for a special event agreed to by the Community Centre. No animals whatsoever are to enter the kitchen at any time.

Fly posting 

The Hirer shall not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the premises, and shall indemnify and keep indemnified each member of the Community Centre’s management committee accordingly against all actions, claims and proceedings arising from any breach of this condition.  Failure to observe this condition may lead to prosecution by the local authority.

Sale of goods 

The Hirer shall, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales.  In particular, the Hirer shall ensure that the total prices of all goods and services are prominently displayed, as shall be the organiser’s name and address and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices. 

Wi-Fi Services

When using the Wi-Fi service the hirer agrees at all times to be bound by the following provisions:

• not to use the Wi-Fi service for any for the following purposes:
• – disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
• –  transmitting material that constitutes a criminal offence or encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
• – interfering with any other persons use or enjoyment of the Wi-Fi service; or
• – making, transmitting or storing electronic copies of material protected by copyright without permission of the owner;
• to keep any username, password, or any other information which forms part of the Wi-Fi service security procedure confidential and not to disclose it to any third party.

Termination of the Wi-Fi service

 We have the right to suspend or terminate our Wi-Fi service immediately in the event that there is any breach of any of the provisions of these Standard Conditions including without limitation:

– if a hirer uses equipment which is defective or illegal; 

– if a hirer causes any technical or other problems to our Wi-Fi service;

• If, in our opinion, a hirer is involved in fraudulent or unauthorised use of our Wi-Fi service;
• – if a hirer resells access to our Wi-Fi service;
• – if a hirer uses our Wi-Fi service in contravention of the terms of these Standard Conditions.

 Availability of Wi-Fi Services

Although we aim to offer the best Wi-Fi service possible, we make no promise that the Wi-Fi service will meet your requirements. We cannot guarantee that our Wi-Fi service will be fault-free or accessible at all times.

It a hirer’s responsibility to ensure that any Wi-Fi enabled device used by them is compatible with our Wi-Fi service and is switched on. The availability and performance of our Wi-Fi service is subject to all memory, storage and any other limitations in your device. Our Wi-Fi service is only available to your device when it is within the operating range of the main hall.

We are not responsible for data, messages, or pages that a hirer may lose or that become misdirected because of the interruptions or performance issues with our Wi-Fi service or wireless communications networks generally. We may impose usage, or service limits, suspend service, or block certain kinds of usage in our sole discretion, to protect other users of our Wi-Fi service. Network speed is no indication of the speed at which your Wi-Fi enabled device or our Wi-Fi service sends or receives data. Actual network speed will vary based on configuration, compression and network congestion.

Privacy and Data Protection

• – We may collect and store personal data through a hirer’s use of our Wi-Fi service.
• – We may process all information about a hirer which is provided in relation to our Wi-Fi service in accordance with a hirer’s legal rights under the Data Protection 1998 and solely for the purposes of offering the Wi-Fi service.
• – By using our Wi-Fi service, the hirer agrees to the terms. If you would like more information or object to anything in these conditions, you should speak to one of the trustees.
• Cancellation

If the Hirer wishes to cancel the booking before the date of the event and the Community Centre is unable to conclude a replacement booking, the hirer will be liable to pay the hire fee.

The Community Centre reserves the right to cancel this hiring by written notice to the Hirer in the event of:

• the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election.

• the Community Centre management committee 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.

• the premises becoming unfit for the use intended by the Hirer.

• 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 Community Centre shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.

End of hire

The Hirer shall be responsible for leaving the premises and surrounding area in a clean and tidy condition, properly locked and secured unless directed otherwise and any contents temporarily removed from their usual positions properly replaced, otherwise the Community Centre shall be at liberty to make an additional charge.

All kitchen surfaces including the floor, the microwave and ovens must be cleaned in readiness for the next hirer. The hirer must lock and secure the premises unless directed otherwise. The Centre will be at liberty to make an additional charge if these conditions are not met.

No alterations

No alterations or additions may be made to the premises nor may any fixtures be installed or placards, decorations or other articles be attached in any way to any part of the premises without the prior written approval of the Community Centre Secretary.  Any alteration, fixture or fitting or attachment so approved shall at the discretion of the Community Centre remain in the premises at the end of the hiring.  It will become the property of the Community Centre unless removed by the Hirer who must make good to the satisfaction of the Community Centre any damage caused to the premises by such removal.

No rights

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

Car Parking

The Hirer will ensure that the regulations for parking are observed. In particular, the area in front of the main entrance is set aside for the use of disabled drivers and deliveries. Areas marked ‘Keep Clear’ must be observed for easy access for the emergency services. The hirer is responsible for locking the car park/s when last out of the premises.