Terms & Conditions
Standard conditions of hire
- Age and process
This agreement shall be governed by the law of England and Wales.
None of the provisions of in any Hire Agreement with the Village Hall are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party to the Agreement.
The hirer must be 21 or over to enter into this agreement.
During the hire period, the Hirer is in charge charge of, and must be on the premises at all times when the public are present. The hirer is responsible for ensuring that all the conditions of hire are met.
A contract is formed when the Hirer confirms acceptance of these Terms and Conditions by email and this shall constitute a legally binding acceptance. No handwritten signature is required.
2. Supervision
During the period of hire, the Hirer is responsible for the supervision of the premises, its fabric and contents; their care, safety from damage however slight or change of any sort. The hirer is also responsible for the behaviour of people using the premises, including proper supervision of car parking arrangements, so as to avoid obstruction of the pavements and the road.
As directed by the representative of the Village Hall Management Committee, the Hirer shall make good or pay for all loss or damage (including accidental damage) to the premises, its fittings or contents, which have arisen during the period of the hire.
3. Use of premises
In accordance with the Premises Licence, the maximum number of people allowed on the premises at any one time, not including staff, is 126.
The Hirer shall not use the premises (including the car park) for any purpose other than that described in the Hiring Agreement and shall not sub-hire or use the premises, nor allow the premises to be used in any unlawful or unsuitable way.
The hirer shall not do anything or bring onto the premises anything which may render invalid any insurance policies.
The Hirer is responsible for
- Removing all rubbish, and leaving the premises and surrounding area in a clean and tidy condition.
- Leaving the premises properly locked and secured unless directed otherwise.
- Returning all contents to their usual positions.
The village hall may make an additional charge to rectify any of the above.
4. The sale of alcohol and Regulated Entertainment
Written consent from the Hall’s Management is required to allow the sale of alcohol during the hire period. The Management reserves the right to refuse such consent.
The Hirer is responsible for ensuring that the requirements of the Licensing Act 2003 are complied with, in particular:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
Hirers are reminded that it is an offence, among other things, to
- Supply alcohol to someone under the age of 18
- Supply alcohol to someone who is drunk
- Allow disorderly conduct on the premises
The Village Hall has a Premises Licence authorising the following forms of entertainment
Provision of live and recorded music: 12:00 – Midnight
Performance of a Play: 12:00 – Midnight
Exhibition of a Film: 12:00 – Midnight
Performance of Dance: 12:00 – Midnight
Anything of a similar description to the above: 12:00 – Midnight
Indoor Sporting Events: 12:00 – Midnight
Supply of Alcohol: 12:00 - Midnight
On New Year’s Eve the permitted hours are extended to 01.00 hrs the following morning.
Where a licensable activity will take place, the hirer hereby agrees to comply with all relevant conditions and obligations set out in the Premises Licence.
5. Music licensing
The Hall has a licence with the Performing Rights Society (PRS) which covers performance of copyright music and recorded music. This licence covers the Hall itself and its not-for-profit users for the use of recorded music controlled by Phonographic Performance Limited (PPL). Any profit-making users will need to apply for a separate PPL licence. Please visit ppluk.com for more information. It is the Hirer’s responsibility to ensure that they have the correct licence.
6. 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.
7. Film
Children shall be restricted from viewing age-restricted films classified according to the certifications of the British Board of Film Classification.
8. Childcare Act 2006
The Hirer shall ensure that any activities for children under eight years of age comply with the provisions of the Childcare Act 2006 and the Safeguarding Vulnerable groups Act 2006 and only fit and proper persons who have passed the appropriate Criminal Records Bureau checks should have access to the children. Checks may also apply where children over eight and vulnerable adults are taking part in activities. The Hirer shall provide the Village Hall management committee with a copy of their CRB check and Child Protection Policy on request.
The Village Hall's Safeguarding Policy can be found below these Terms and Conditions.
9. Fire safety compliance
No naked flames whatsoever, whether associated with candles, tealights or any other source, are permitted inside the Hall.
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.
In the event of a fire, however slight, the hirer must follow the actions described on the hall's noticeboard, which includes calling the Emergency Services and evacuating the hall.
The hirer must familiarise themselves with the following:
- The location and use of fire fighting equipment.
- Escape routes and the need to keep them clear.
- Method of operation of escape door fastenings.
- Location of the first aid box.
(b) In advance of any activity, whether regulated entertainment or not, the Hirer shall check the following:
- That all escape routes are free of obstruction.
- That fire doors are not wedged open.
- That there are no obvious fire hazards on the premises.
Note: The Hall’s emergency exit signs are operated by an automatic mains failure switching device, and will illuminate automatically in the event of a loss of power.
10. Noise and disorderly behaviour
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 ensure that during the period of hire, there is no disturbance to the hall’s neighbours. Take action to avoid
- Violent or criminal behaviour
- Excessive consumption of alcohol
- Use of illegal drugs
- Drunk and disorderly behaviour
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.
11. Health and hygiene
The Hirer shall 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.
12. Electrical appliance safety
The Hirer shall ensure that any electrical appliances brought by them to be used in the premises are safe, in good working order, and used in a safe manner. Where a Residual Current Device (RCD) is provided the hirer must make use of it.
13. Stored equipment
The village hall accepts no responsibility for any stored equipment or other property brought on to, or left at the premises. 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 hire, or hire fees will be charged for each day or part of a day until the same is removed.
The Village Hall may use its discretion in any of the following circumstances:
- Failure by the Hirer to pay any charges in respect of stored equipment, or to remove stored equipment 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. The Village Hall Management Committee will dispose of this property as it thinks fit, and charge the Hirer any costs incurred in storing and selling or otherwise disposing of the property.
14. Smoking
Smoking, including vaping, is not allowed in any part of the Village Hall. Cigarette ends, matches etc should be disposed of safely in the smoking bin outside the main door.
15. Risks accidents and dangerous occurrences
It is the hirer's responsibility to assess the risks during the period of hire and take appropriate action to minimise such risks.
Specific hall related risks:
- Only those who have received a safety briefing from hall management on its use are allowed up in the gallery store or on the ladder to the store. When children are in the hall, the board to prevent use of the ladder must be in place.
- Ensure that two people are present when using ladders and that all safety locks and spreader bars are correctly set.
- Take care when manoeuvring stacks of village hall chairs. Chairs must not be stacked more than 10 high.
- No equipment may be added to the lighting bar without the permission and supervision of Village Hall Management.
Any failure of equipment belonging to the Village Hall or brought in by the Hirer must be reported to Village Hall management as soon as possible.
The Hirer must report all accidents involving injury to the public to a member of the village hall management as soon as possible. The Hirer will also send a written report of the incident to the village hall committee and assist the Village Hall Secretary with the hall’s reporting obligations.
16. Explosives and flammable substances
The hirer shall ensure that:
- Highly flammable substances are not brought into, or used in any part of the premises.
- 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.
17. Heaters
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.
18. Animals
The Hirer shall ensure that no animals (including birds) except guide dogs and other trained assistance dogs are brought into the premises. If you have a special reason for wanting animals in the hall for your event, then you must apply for permission prior to the hire of the hall.
No animals whatsoever are to enter the kitchen at any time.
19. Fly posting
The Hirer shall not carry out, nor permit, fly posting or any other form of unauthorised advertisements for any event taking place at the premises. Failure to observe this condition may lead to prosecution by the local authority.
20. Sale of goods
If selling goods on the premises, it is the hirer’s responsibility to comply with Fair Trading Laws and any code of practice used in connection with such sales.
21. Cancellation
If the Hirer wishes to cancel the booking before the date of the event and the Village Hall is unable to find a replacement booking, the question of the payment or the repayment of the fee shall be at the discretion of the Village Hall.
The Village Hall reserves the right to cancel this hiring by written notice to the Hirer in the event of:
- The hall being required for use as an Election Polling Station.
- The Village Hall management committee reasonably consider the hire will lead to a breach of law or its statutory requirements.
- The premises becoming unfit for the use intended by the Hirer.
- An emergency requiring use of the premises as a shelter in the event of a disaster.
In any such case the Hirer shall be entitled to a refund of any deposit already paid, but the Village Hall shall not be liable to the Hirer for any resulting direct or indirect loss or damages whatsoever.
22. No alterations
Don’t damage the paint work, nor alter the building if installing or removing decorations, posters or other articles. Any alteration, fixture or fitting or attachment will become the property of the Village Hall unless removed by the Hirer. The hirer is responsible for the costs of making good any damage.
23. No occupation rights
The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer.
24. Insurance and indemnity
(a) The Hirer shall be liable for:
(i) 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
(ii) all claims, losses, damages and costs made against or incurred by the village hall management committee, their employees, volunteers, agents or invitees 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, and
(iii) all claims, losses, damages and costs made against or incurred by the village hall management committee, their employees, volunteers, agents or invitees as a result of any nuisance caused to a third party as a result of the use of the premises by the Hirer, and subject to sub-clause (b), the Hirer shall indemnify and keep indemnified accordingly each member of the Village Hall Management Committee and the Village Hall’s employees, volunteers, agents and invitees against such liabilities.
(b) The Village Hall 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 Village Hall shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified each member of the Village Hall Management Committee and the Village Hall’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.
(c) Where the Village Hall 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 village hall 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 Village Hall is insured against any claims arising out of its own negligence.
The Village Hall's Certificate of Employers' Liability Insurance can be viewed here
The Village Hall's Insurance Schedule including Public Liability cover can be viewed here.
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Barkway Village Hall Safeguarding Policy
Safeguarding is the action that is taken to promote the welfare of children and vulnerable adults and
protect them from harm. We start with a presumption of trust and confidence in all those who work with
children and vulnerable adults, and the good sense and judgment of everyone involved with Barkway Village Hall.
This Policy is approved by the Trustees of Barkway Village Hall, who are committed to the safeguarding of children and vulnerable adults, and to ensuring their well-being. We believe that everyone has a responsibility to help prevent the physical, sexual and emotional abuse or neglect of children. We will report to the appropriate authorities any abuse of children that we discover or reasonably suspect. Through this Policy, we aim to adopt the highest possible standards and take all reasonable steps in relation to the safety and welfare of the children who come to the Village Hall and to the activities that take place within it. It is impossible to ensure that no child will ever come to harm at the Village Hall. However, implementing this Policy and following these guidelines will allow confidence that all reasonable precautions have been taken to prevent harm.
All references within this Policy to safeguarding children should be taken to include safeguarding vulnerable adults. The term "children" refers to those under the age of 18 years.
Aim and application of this Policy
The aim of this Policy is to provide guidelines and procedures for promoting safeguarding, preventing abuse, and protecting children. This includes procedures for taking appropriate action when safeguarding concerns are raised involving children who attend our activities and events.
This Policy applies to everyone involved with the Village Hall. This includes Trustees and volunteers, together with individuals, User Groups and other organisations who hire the Hall. Everyone has a duty to do everything reasonable in their power to ensure the safety and welfare of children while they are at the Village Hall and to act in accordance with this Policy.
Responsibilities
- It must always be clear which adult has primary responsibility for children at Village Hall activities or events when they are not accompanied by their parents.
Taking account of factors such as the nature of the activity or event and particularly the age and maturity of the children involved: - An appropriate adult/child ratio must be agreed for any events or activities primarily involving children
- During events and activities, child must not be left in any part of the premises (indoors or outdoors, including the playground area) without proper supervision from an appropriate and responsible adult
- Parents should satisfy themselves with the arrangements for their children travelling to and from Village Hall events or activities.
Disclosure and Barring
- User Groups and other organisations (including the Trustees) using the Hall for any activities involving children are themselves responsible for deciding whether any form of DBS (Disclosure and Barring Service) check is necessary. This decision should be taken in line with current Government advice. The Trustees will require evidence that a Safeguarding Policy is in place and that appropriate DBS checks have been carried out before hiring the Village Hall to any organisation, User Group or individual for activities primarily involving children, including Trustee managed events.
However, evidence will not be required: - When the hiring organisation might reasonably be expected to have fulfilled DBS requirements (such as schools and national associations like scouting)
- For personal, non-commercial events like birthday parties where the parents of children are present (for such events, hirers should themselves be satisfied with safeguarding arrangements for anyone supplying, for example, entertainment or transport)
- For unpaid arrangements like looking after a friend’s child (such as a mother and baby group) Safeguarding is the action that is taken to promote the welfare of children and vulnerable adults and protect them from harm. We start with a presumption of trust and confidence in all those who work with children and vulnerable adults, and the good sense and judgment of everyone involved with Barkway Village Hall.
- Where the activity is not being provided primarily for children, or where it is reasonable to assume that any children will be accompanied by a responsible adult.
Use of information relating to children
Information about children, like names and addresses, obtained during activities at the Village Hall will be treated confidentially. It will be kept securely by the activity leader, stored only if necessary and disposed of in a way that maintains confidentiality. Children’s names should not be used in photograph captions for publications, websites and social networking sites without the consent of the child (and/or the child's parents, depending on age). Event or activity leaders will take all reasonable steps to ensure that no inappropriate photographs or video recordings are taken at the Village Hall.
Duty of care and confidentiality
The Trustees have a duty of care to everyone who uses the Village Hall, whether adults or children. They will always maintain confidentiality, except in circumstances where to do so would place someone at risk of harm.
Preventing abuse
Activities involving children will be organised to promote a safe environment and healthy relationships, whilst minimising opportunities for harm, misunderstanding or false accusation.
Everyone associated with Barkway Village Hall will:
- Take all reasonable steps to ensure the health, safety and welfare of any child at the Hall
- Prevent anyone from putting any child in a situation in which there is a significant risk to their health and safety
- Take appropriate action if they become aware of anyone physically, emotionally, or sexually abusing a child.
- Respect the wishes of a child as they would an adult
- Respect a child's privacy
- Remember that children regard adults as role models and ensure behaviour, language and gestures are appropriate
- Be aware of Child Protection issues, not become complacent and believe ‘it could never happen to me’
Guidelines for working with children
Allegations of abuse made by children about adults do occasionally happen. Some prove mistaken or, very rarely, malicious. These Guidelines aim to help avoid situations in which well-intentioned actions could be misinterpreted. Everyone associated with Barkway Village Hall will not:
- Use language or behaviour with sexual connotations (such as flirting or innuendo)
- Use physical contact which could be misconstrued; any physical contact should be in public, appropriate to the situation and to the age, gender, and culture of the child and in response to the needs of the child, not the adult
- Spend time alone with a child out of sight of other people
- Discriminate or leave discrimination or bullying unchallenged
- Ridicule a child (even in "fun")
- Have any electronic communication with a child except with parental consent
Safety in numbers
So far as is reasonably practicable, the aim should always be to ensure that no adult is put in a one-to-one situation with a child without the consent of the child's parents. Safety in numbers should be the golden rule, whether the numbers are other children or adults. If for any reason a one-to-one situation is unavoidable additional safeguards, such as leaving doors open, should be put in place.
Allegations of abuse
Open discussion of child protection should be encouraged since this helps to make people more comfortable with the issues involved. It should not be kept "under wraps" for fear of upsetting or embarrassing people. It is to be hoped that nobody will ever have to deal with an alleged incident of
child abuse. But it is sensible to be prepared to do so if necessary.
There are four potential scenarios:
- There is reasonable suspicion or evidence that a child is being abused by a person associated with the Village Hall
- A child accuses a person associated with the Village Hall of abusing them
- Abuse takes place or is suspected at a Village Hall event or in the Village Hall grounds by an individual unrelated to the Village Hall
- A child discloses abuse happening elsewhere e.g. at home
In all cases:
- Be prompt, calm, assured and professional
- Seek medical help where necessary
- Do not ask leading questions; record what is said using the child's own words
- Keep details strictly confidential and share only on a "need to know" basis
- Do not confront the accused person
- Where an allegation suggests that a criminal offence may have been committed, report the issues as soon as possible to the local Police and to a Trustee
- Do not promise to keep something secret if a child is being harmed or is at risk of harm
Nominated Child Protection Officer
The nominated Child Protection Officer for Barkway Village Hall, who will oversee this policy and be the first point of contact for any concerns from either a child or an adult, is the Chair of the Trustees.
Contact details will be maintained on the Village Hall notice board.
Barkway Village Hall Committee
February 2022