Conditions of Community Hall Hire

Conditions of Hire - Community Halls

1. Application

An application to hire a community hall or other community facility (“Venue”) is made using the supplied application form (“Application”). An Application must be submitted online using the application form on the Shire’s website (www.mornpen.vic.gov.au) or by mail to the Booking Officer - Community Halls (“Booking Officer”), Mornington Peninsula Shire Council (“Shire”), Private Bag 1000, Rosebud 3939.

When an Application is made by a person on behalf of an organisation, club or group of people, the person making the Application warrants that he or she is authorised by the organisation, club or group of people to submit and sign the Application on its or their behalf and to bind it or them to comply with these Conditions of Hire on its or their behalf. Proof of authorisation must be provided when requested by the Booking Officer.

These Conditions of Hire use the term “Hirer” to refer to:

1.1 if an Application is submitted by a person on his or her own behalf, that person; or

1.2 if an Application is submitted on behalf of an organisation, club or group of people, the person submitting the Application and that organisation, club or group of people.

If the Hirer comprises two or more persons or entities, the Agreement for Hire will bind each of them severally and jointly.

2. Agreement for Hire

2.1 submission of an Application is an offer by the Hirer to hire the Venue and to enter into an agreement for hire on the terms set out in these Conditions of Hire.

The Shire reserves the right to refuse an Application or cease hire for any reason. In response to an Application by the Hirer, the Shire may send a written acceptance of the Hirer’s offer (“Confirmation Letter”) to the Hirer to enter into an agreement with the Hirer.

Subject to clause 2.2, an “Agreement for Hire” will come into existence between the Shire and the Hirer on the date of the Confirmation Letter.

The Agreement for Hire will be evidenced by the Confirmation Letter, these Conditions of Hire, and the Application. In the event of any inconsistency between the documents, they shall take precedence in the order stated in the previous sentence.

2.2 In the event that the Shire is only prepared to accept an Application subject to conditions, the Shire will specify such conditions to the Hirer the Confirmation Letter. In such circumstances, an Agreement for Hire will be deemed to come into existence on the Shire’s receipt of payment of the Hire Fees by the Hirer.

3. Hire Fees

The “Hire Fees” for casual bookings will be set out in the Confirmation Letter. Hire fees for casual bookings must be paid at the time of booking. Regular hirers must pay for bookings within the timeframe stipulated on the invoice. Failure to pay the Hire Fees by the due date may result in the termination of the Agreement for Hire.

4. Security Bond

A “Security Bond” of the amount nominated in the Confirmation Letter

must be paid in full 4 weeks before the hire or by any other date stated in the Confirmation Letter. Failure to pay the Security Bond by the due date may result in the termination of the Agreement for Hire.

The Bond will be held as security for any damage to the Venue (including the surrounds of the Venue and any equipment or items at the Venue), for any cleaning arranged by the Shire if the Venue is left in an unclean condition or for any other breach of the Agreement for Hire. The cost to the Shire of any damage, cleaning, repair or replacement, or incurred by the Shire as a consequence of any breach of the Agreement for Hire by the Hirer, will be charged to the hirer as a separate charge prior to the refund of the security bond.

Unless the Shire has had recourse, or proposes to have recourse, to the Security Bond, the Security Bond will be returned within 14 days after the hire period. It is the responsibility of the hirer to contact the bookings team for refund of the security bond.

Where any provision of these Conditions of Hire permits the Shire to retain all or part of the Security Bond in particular circumstances, but the cost of rectifying the circumstances for which the Security Bond may be retained, including, without limitation, making repairs, replacing items or performing cleaning, exceeds the amount of the Security Bond, the difference will be a debt immediately due and payable by the Hirer to the Shire on issue of a tax invoice by the Shire to the Hirer.

5. Condition of Venue

The Hirer acknowledges and agrees that, unless the Hirer demonstrates otherwise to the satisfaction of the Shire, the Venue, and all fixtures, fittings, equipment or items at the Venue, are deemed to be in a good and clean condition and working order at the start of the hire.

6. Insurance

Where applicable the Hirer must have public liability insurance with a minimum of $20 million cover for any one event. A Hirer which holds its public liability insurance which will provide cover with respect to any personal injury, death or property damage must provide the Booking Officer with a certificate of currency for the policy, and a copy of the policy. The policy must be valid for the date(s) of hire and provide cover to the satisfaction of the Shire.

The Shire cannot provide insurance cover for: where the Hirer will charge an entrance fee for the Venue; for any hire that involves sporting activities (including but not limited to dance, exercise, ball activities), a festival or any commercial activity seeking to make a profit circumstances, or for any concert performers.

People or organisations that regularly hire the Venue or other community halls or facilities from the Shire must have and maintain their own public liability insurance cover.

The Shire does not make any representation to the Hirer as to the terms of the policy or the appropriateness of the policy for the Hirer’s purposes. The Shire does not supply the hirers with a copy of the policy, though a list of exclusions is provided (attached). Any applicable excess is payable by the hirer should a claim be made.

The Shire may terminate any hire of a Venue if the Hirer has not provided to the Shire a current certificate of currency where applicable;

7. Indemnity

The Hirer agrees to indemnify, keep indemnified and hold harmless the Shire, its servants and agents, and each of them, from and against all claims, actions, costs (including legal costs, on a full indemnity basis), charges, losses, expenses and damages suffered by the Shire directly or indirectly as a result of or in relation or in connection with the Hirer’s hire of the Venue or use of the Venue.

8. Key Collection and Return

If the Venue is equipped with a key safe, during the week prior to the hire, the Booking Officer will give the Hirer a four-digit code to the key safe. The Hirer must not provide the code to any person who is not a party to the Agreement for Hire. The Hirer must return the keys to the key safe at the Venue at the end of the hire.

If the Venue is not equipped with a key safe, the Hirer must collect the keys directly from the Booking Officer. The Hirer must return the keys to the Booking Officer at the start of business hours on the first business day after the hire.

The Shire may charge the hirer :

8.1 to replace any key safe which is damaged; or

8.2 if any key is not returned, to, at the discretion of the Shire, replace the key or replace the lock(s) relevant to the key.

9. Setting Up/Packing Up

The Hirer is responsible for setting up and clearing away all equipment and furniture to its original location. The set-up and pack-up time must be included in the hire period on the Application. All equipment, goods and other items brought into the Venue by the Hirer must be removed from the Venue at the end of the hire. The hirer must not remove any equipment or furniture from its original location.

10. Noise Levels/Amplification

All music (live or amplified) must cease by 11.30pm. Noise levels from any music, amplification and/or public address systems must not exceed 65dBA. Noise emitted from the Venue must not be louder than that of a normal conversation when heard at any adjoining buildings, businesses or residences. The Hirer must ensure that his/her/its use of the Venue does not cause any disturbance to the peace and quiet of the neighbourhood.

11. Access to the Venue and Exiting the Venue

The Hirer must not access or use any part of the Venue prior to or beyond the hire period. The booking time stated in the Application must include the time at which the first person will arrive at the Venue to set up and the time that the last person will leave the Venue. Any unauthorised access is prohibited.

The Hirer must ensure that:

11.1 all persons attending the Venue must leave in a quiet and orderly manner at the end of the hire;

11.2 all persons have left the Venue and the immediate surrounds of the Venue by the time stated in the Confirmation Letter or, if not stated, by 1:00am; and

11.3 upon exiting the Venue, the Venue is locked.

If the Venue is accessed outside of the hire period, or if the Venue or the surrounding area is not vacated by the end time of the hire, this will be a breach of the Agreement for Hire and the Shire will retain the Security Bond.

12. Cleaning 

The Venue must be kept in good order and must be thoroughly cleaned by the time stated in the Confirmation Letter or, if not stated, by 1.00am. The Hirer must leave the Venue in a clean and tidy state and must place all waste material (rubbish and recycling) in the appropriate bin or receptacle. Any rubbish which cannot be put into the bins provided must be removed by the hirer. Any cost incurred by the Shire in cleaning the Venue or removing waste material will be charged to the hirer.

The Shire adopted our Single-use Plastic Policy in August 2020, as we are committed to phasing out single-use plastics!  It is critical that the Mornington Peninsula community takes action to decrease our reliance on plastics and reduce the amount of litter, and specifically plastics, that ends up in our reserves, rivers, waterways, bay and oceans. This policy states that certain SUPs are prohibited to be used in our facilities, including community halls. For more information, visit the Phasing out Single-use Plastics webpage and see the guidelines and what their alternatives are. 

Which plastics are we banning?

• plastic bags, polystyrene
• straws, stirrers
• cutlery, crockery
• drinkware, coffee cups, bottled water containers
• takeaway containers, individual condiments
• balloons, glitter
• cling wrap, individually wrapped items.

 

13. Cancellation by Hirer

Where cancellation is received by the Booking Officer less than 14 days prior to the hire date, all fees paid will be forfeited. All cancellations or requests to change the bookings must be made in writing, by mail or email, to the Booking Officer.

14. Cancellation by Shire

The Shire may cancel the booking and terminate the Agreement for Hire if the Hirer breaches the Agreement for Hire. The Shire reserves the right to cancel any booking if the Venue is required for use by the Shire, for community events, for maintenance of any type or power outage. The Shire also reserves the right to cancel any booking if the Venue is required for an election or referendum by the Commonwealth Government or the State Government.

Where possible, the Shire will endeavour to relocate the hire to another suitable community facility, and, if this is not possible, the Shire will refund the Hire Fees, Security Bond and any other charges to the Hirer.

The Shire shall not be liable to pay any other compensation to the Hirer.

15. Hirer’s use of Venue

The Shire grants the Hirer a non-exclusive licence to use the Venue, or such part of the Venue as specified in the Application, for the hire period, for the purposes detailed in the Application, on the terms set out in the Agreement for Hire (unless the Confirmation Letter specifies different hire details, in which case, the Confirmation Letter shall apply).

If the Booking Officer specifies different hire details in the Confirmation Letter, the Conformation Letter will constitute an acceptance of the Application subject to conditions for the purposes of clause 2.2. The Venue must not be used for any purpose other than the use or purpose stated in the Confirmation Letter.

The Shire has absolute discretion to prohibit access by the Hirer to any part of the Venue, including, for example, storerooms, kitchens and any portions of the Venue which are being used by a third party.

Shire staff and contractors shall have access to the Venue at all times. The Hirer agrees that the Shire can hire the Venue, or part of the Venue, to another party on the same day, provided that the other hire will not, in the Shire’s reasonable opinion, interfere with the Hirer’s use of the Venue.

16. No transfer of booking or assignment of Agreement for Hire

A Hirer cannot assign the right to use the Venue to any other person, without the Shire’s prior written consent, which may be given subject to such conditions as the Shire considers appropriate or may be withheld at the Shire’s absolute discretion.

17. Responsibility and supervision

The Hirer must remain at the Venue at all times during the hire period and must ensure that all children (under the age of 18) are supervised by parents or guardians at all times.

18. Party Safe

A hire of the Venue is deemed to be a “High Impact Function”, if nominated as such by the Booking Officer at the time of the application for hire or in the Confirmation Letter.

If the  Booking Officer nominates that the hire of the Venue is a “High Impact Function” in the Confirmation Letter, such nomination will constitute an acceptance of the Application subject to conditions for the purposes of clause

2.2.If a hire of the Venue is deemed to be a “High Impact Function”, the Hirer must complete and lodge a Party Safe form with the local police and provide evidence of registration at least 4 weeks prior, or such other time nominated in the Confirmation Letter, prior to the hire.

19. Security 

Hirers are encouraged to engage accredited security personnel for functions. The Shire may require the Hirer to provide, at the Hirer’s cost, accredited security personnel for functions identified as High Impact Functions by the Shire, as a condition of any hire. Any such requirement will be notified by the Booking Officer at the time of the application for hire or specified in the Confirmation Letter. If the requirement for security personnel is nominated in the Confirmation Letter, such nomination will constitute an acceptance of the Application subject to conditions for the purposes of clause 2.2.

20. Food and Beverages

20.1 Alcohol

A liquor licence is not required where alcohol is served free of charge or on a “BYO” basis. Any alcohol served or permitted at the Venue must only be consumed within the confines of the building.

The Hirer must ensure that no alcohol is consumed by persons under 18 years of age and the Hirer must comply with all liquor licensing requirements.

Alcohol must not to be sold at the Venue without the prior written consent of the Shire. The Shire may withhold consent for any reason and any consent given can be on any terms the Shire, in its absolute discretion, considers appropriate. No consent will be given unless the Hirer demonstrates to the Shire that all necessary authorisations have been obtained by the Hirer from Liquor Licensing Victoria and that any and all requirements of Liquor Licensing Victoria have been met.

The Liquor Control Reform Act 1998 requires a temporary limited liquor licence to be held when liquor is either being sold at a function/event or supplied as part of an all-inclusive charge for a function/event. A temporary liquor licence can be obtained by applying to Liquor Licensing Victoria.

Please allow up to 8 weeks for the process of obtaining a licence.

20.2 Food

No food or refreshment of any kind shall be sold at the Venue without the prior written consent of the Shire. The Shire may withhold its consent, for any reason, and any consent given can be on any terms the Shire considers appropriate, at its absolute discretion.

No consent will be given unless the Hirer demonstrates that it has obtained any necessary permits for the preparation and sale of food.

The Hirer must ensure that, where any catering is provided by a person or company that person or company is registered under the Food Act 1984 (Vic).

21. Events in Community Halls and Community Facilities

The Booking Officer may nominate either at the time of the application for hire or in the Confirmation Letter that a booking is an “Event” where the function/event is or will be advertised to the public and/or the Hirer is selling entry tickets to the public.

A minimum of 6 months (prior to the hire) is needed to complete the Events Information & Approval Kit process and the necessary applications.

Shire The Shire may require, as a Condition of Hire, the Hirer to obtain additional insurance if the size, type or risk of the event, in the opinion of the Shire, requires additional insurance cover. The Shire requires the hirer to obtain their own insurance at their own cost.

22. Gambling

Except as set out in this condition, the Hirer must ensure that no games of chance, in which money is directly or indirectly passed as a prize, are conducted at the Venue. The Hirer may, with the consent of the Shire, use the Venue for games of bingo, raffles or similar activities, provided that the Hirer has obtained any necessary permits from the Commission for Gaming Regulation.

23. Smoking

Smoking is not permitted within or at the Venue. The Hirer must ensure that, where the Venue will be attended predominantly by underage people, no smoking by any person is permitted at the Venue, including the immediate vicinity of the Venue.

24. Smoke machines, candles, flames and pyrotechnics

The Hirer must ensure that no smoke machines, lit candles, naked flames of any kind, or any form of pyrotechnics, are used at the Venue or on the surrounding land.

The Hirer is liable for:

24.1 the cost of any attendance by any emergency services at the Venue in relation to any incident or alarm arising out of or connected to the use of an item prohibited by this condition; and

24.2 any damage to any part of the Venue or surrounding property that is caused directly or indirectly by the use of any item prohibited by this condition.

25. Safety

The Hirer must ensure that:

25.1 the capacity of the Venue (as notified in the Hall information sheet) is not exceeded at any time; and

25.2 at all times, exits, doors, corridors and gateways are kept clear so that they can be immediately used in the event of an emergency.

25.3 the use of double adaptors are not permitted, if required hirers may use a power board with built in surge protection.

26. Damage to building, equipment or any item at the Venue

The Hirer must ensure that the floors, walls or any parts of the Venue are not broken or pierced in any way by any by nail, screw or any other means.

No audio, electrical or TV installation, decorations, posters, advertisements, flags, shields, emblems or any other thing shall be attached erected, fixed, hung or displayed in or on the Venue, unless approval is given in the Confirmation Letter.

The Hirer is responsible for any damage to the building or any internal part of it caused by any such items.

The Hirer is responsible for any damage to the Venue, including the area surrounding the Venue, fences, fittings, furniture, curtains, equipment, and other property at the Venue, that occurs during the hire period or as a result of, or in connection with, the Hirer’s hire of the Venue.

27. Theft / Loss / Damage

The Hirer releases, to the fullest extent possible at law, the Shire from any liability for any loss of, damage to or theft of any property or equipment owned by the Hirer or any third party at the Venue.

28. Pianos

This condition only applies where there is a piano belonging to the Shire at the Venue. The Shire’s piano must not be moved, without the prior written consent of the Shire.

29. Signage

Any signage displayed at the Venue or anywhere else in relation to the Hirer’s use of the Venue, must comply with the Shire’s Signage Policy.

30. Indemnity for infringement of copyright and other intellectual property rights

The Hirer agrees to indemnify, keep indemnified and hold harmless, the Shire against any action, claim, loss, damage, costs (including legal costs, on a full indemnity basis) or any other liability howsoever arising in relation to a breach of any copyright, performance right or any other industrial or intellectual or other protected right, by the Hirer, its invitees or any members of the public in any way in connection with:

30.1 the Hirer’s hire of or use of the Venue;

30.2 any reproduction, recording, performance or adaptation of any musical, literary, or dramatic work in connection with the Hirer’s hire or use of the Venue (whether before, during or after) the hire; or

30.3 any replication or publication of any work or material in any way connected to the Hirer’s hire or use of the Venue or any event or performance held during the hire.

31. Severance

If a provision, or part of a provision, in these Conditions of Hire is held to be illegal, invalid, void, voidable or unenforceable, that provision, or part of a provision, must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable.

If it is not possible to read down a provision, or part of a provision, as required in this clause, that provision, or part of a provision, is severable without affecting the validity or enforceability of the remainder of these Conditions of Hire.

32. Governing Law

The law of the State of Victoria governs the Agreement for Hire and any legal proceedings or arbitration under the Agreement for Hire.

33. No Restriction of Shire’s Powers

The Agreement for Hire does not fetter or restrict the powers or discretions of the Shire in relation to any powers or obligations it has under any Act, regulation or local law that may apply to the Venue, the hire, the Hirer or the Shire’s municipal district.

Hirers of Council Owned or Controlled Facilities

Public Liability Insurance for Hirers of Shire Halls, Recreation Reserve

Pavilions/Clubrooms The Shire facilitates a “Community Liability/Hall Hirers Policy” to indemnify the hirers of its halls and clubrooms/pavilions at recreation reserves for up to $20M (for those users that do not have their own insurance and subject to the terms and conditions and exclusions listed below).

Protection under the policy applies if a guest of the hirer makes a claim against the hirer for injury or property damage caused by the negligent act or omission of the hirer.

EXCLUSIONS

Who and what is not covered by hall/facility hire policy?

• Sports, martial arts (any activities which are of a physical nature that involve the risk of injury;
• Commercial activities (when it is advertised and/or anyone may attend for a price/participation fee/admission fee);
• Paid performances by all types of entertainers e.g. music arts, magicians, public speakers, educational public speakers (any speakers who charge an entry fee) or any person being hired to entertain guests at a private function;
• Performers, stallholders, artists, buskers and participants (includes street buskers & street stallholders and any sporting activities or demonstrations conducted by stallholders);
• Various uninsured Local Trader Permit Holders (placement of advertising boards and other merchandise on footpaths or area deemed to be Council property, including street cafes, trading tables, waste management bins and street traders);
• Children’s rides, Animal rides;
• Amusement rides and devices;
• Inflatable Recreational Equipment (jumping castles, zorbing, inflatable sumo suits, human fly etc), petting zoos, animal rides or any other amusement rides and devices)
• Children’s toys, second hand electrical items and tools;
• Personal injury or property damage arising directly or indirectly out of or caused by security personnel;
• Fireworks/Pyrotechnics;
• Rock/Pop concerts;
• Child minding/Child Care Services;
• Advertising liability;
• Aircrafts, aircraft products, watercrafts and hovercrafts;
• Assault and battery;
• Contractual liability;
• Defamation;
• Property/contents and Vehicles of Hirer;
• Participants (personal injury to any person caused by or arising out of the participation of such person in any game, match, race, practice, trial, training, competition, warm ups, warm downs and other preliminary activities unless such personal injury is as a result of the Shire’s negligence in regard to the facility provided);
• Claims arising from, contributed to or in connection with sexual and/or child assault, abuse, molestation or attempt thereat.
• Tobacco – personal injury arising directly or indirectly out of or due to the inhalation or ingestion of, or exposure to tobacco or tobacco smoke or any ingredient or additive present in any articles, items or goods which contain or include tobacco;
• Festivals
• Any property (equipment/materials/contents) brought onto the premises by the hirer remain the property of the hirer and are not insured by Council;
• Any personal belongings, money and private property brought onto the premises by the hirer or their guests are not insured by Council
• Schools – they must provide their own insurance cover