Premises Hire TERMS AND CONDITIONS
This Agreement constitutes the Premises, Members Room and Function Room Hire via the Booking Form or via Email and these Terms and Conditions are made between the Hirer and the Venue. These Terms and Conditions apply to all bookings for any and all part of The Premises. The parties agree that the hiring will be carried out in accordance with this Agreement.
1. Definitions and Interpretation
1.1. The Venue – means ASTLEY BRIDGE CRICKET CLUB, MOSS BANK WAY, BOLTON, LANCASHIRE, BL1 6PZ.
1.2. The Hirer – means the person or organisation as set out on the Function Room Hire Booking Form.
1.3. The Premises – means the Function Room/Members Room/Outside Patio/Kitchen at ASTLEY BRIDGE CRICKET CLUB, MOSS BANK WAY, BOLTON, LANCASHIRE, BL1 6PZ, as set out in the Room Hire Booking Form.
1.4. The Building – means ASTLEY BRIDGE CRICKET CLUB, MOSS BANK WAY, BOLTON, LANCASHIRE, BL1 6PZ and the grounds of.
1.5. The Amount Due – means the amount that the Hirer is required to pay to the Venue as discussed at time of booking confirmation and set out and agreed upon by the Venue and Hirer.
1.6.The Period of Hire – means the period set out and discussed at the time of booking confirmation and agreed upon by the Venue and Hirer
2. Maximum Capacity
2.1. The Hirer will not exceed the maximum capacities for the Premises.
2.2. The maximum capacities are as follows: Function Room 95 people/Members Room 85 people/Kitchen 03 people. If external grounds on the Premises have been agreed for any event booked, capacity numbers may and can be increased, at the discretion of the Venue.
2.3. The Hirer, in the event that the kitchen has been booked for the event, shall ensure that no person under 16 years of age is permitted to enter the kitchen.
2.4. In the event the Hirer books both the Function Room and Members Room together, the Hirer will not exceed the maximum capacities for the Premises.
3. Use of Premises
3.1. The Hirer shall not use the Premises for any purpose other than that described on the Function Room Hire Booking Form and shall not sub-hire or use or allow the Premises to be used for:
Any political rallies or demonstrations.
For purposes which are illegal i.e. be they forbidden by law or unauthorised by official or accepted rules.
For functions attended by people whose presence may cause civil unrest or division within the community.
To an organisation or individual which has been banned by law.
Or to do anything or bring onto the Premises anything which may endanger the same or render invalid any insurance policies in respect thereof.
3.2. The Venue reserves the right to exclude or eject from the Premises any person, and to cancel any booking where it considers:
That such events may be contrary to the interest of the general public or contrary to any law or act of Parliament. Any bookings will also be subject to consideration from the police to ensure the safety of the community is assessed against the request for a venue booking.
The users of the premises may do something that may cause or pose a risk of loss, damage or significant expense to the Venue or harm the reputation of the Venue, as well as individuals and themselves.
The Hirer shall ensure that no equipment, goods or other materials are left on the Premises overnight.
4. Licences
4.1. If required, the Hirer shall be responsible for obtaining any licences and for completing any returns that may be required by the Performing Rights Society, Phonographic Performance Limited, The Copyright Licensing Agency Limited and all other similar bodies in connection with the hiring and the Hirer shall indemnify the Venue against the consequences of the Hirer’s failure to do so.
4.2. Where the use of the Venue Premises Licence is permitted by the Venue, the Hirer shall ensure compliance with the conditions of the Premises Licence.
4.3. If required, the Hirer shall not apply for a Temporary Event Notice without the written permission of the Venue or any other Licences or Notices without the permission of the venue.
4.4. If required, the Hirer shall ensure that they have all permits, consents, licences, permissions, certificates, authorisations and approvals whether of a public or private nature which shall be required by any authority or person in respect of the event. This includes where required a licence issued by the Performing Rights Society and any copyright permission.
5. Health and Safety Compliance
5.1. The Hirer shall comply with all requests of the Venue’s Manager and Safety Adviser and must supply any documents requested promptly, if required for the event.
5.2. The Hirer shall be responsible for the health and safety aspects of the use of the Premises during the Period of Hire.
5.3. The Hirer shall:
5.4. The Venue Fire Regulations will be observed by the Hirer at all times. If for any reason the fire alarms are set off in the Premises, the Hirer shall ensure they follow full procedure by the event staff and evacuate the Premises immediately.
5.5. The accidental or intentional setting off of alarms when not required will incur a charge of £200.00.
5.6. The Hirer shall be aware that no cooking equipment can be used in the Function Room or Members Room without the express written permission of the Committee and the Venue.
5.7. The Venue and the Venue Staff can refuse the right to serve any person intoxicated or otherwise if deemed necessary to protect the wellbeing of any person. The Venue reserves the right to ask any person to leave and/or reserves the right to stop the event and request the event finish immediately.
6. Electrical Appliance Safety
6.1. The Hirer shall ensure that any personal electrical appliances intended to be used by the Hirer at the Premises shall be in full working order. A charge of £250.00 shall be payable by the Hirer where any fault or damage is made to the Venue Electrical Circuit by faulty equipment.
6.2. The Venue shall ensure that all electrical appliances owned by the Venue on site are tested regularly and are in full working order.
6.3. The Hirer shall ensure that the Venue is made aware of any damage or faults to the Venue equipment before or whilst using if permitted to use.
7. Alterations
7.1. The Hirer must not make any alterations to the Premises or any other part of the Premises without the Venue’s prior written consent.
7.2. The Hirer can use Blue Tack to put up decorations or use the hooks that are already in place on the walls. The Hirer must not use any other form of adhesives or attachments including, but not limited to, cellotape, masking tape, double-sided tape, gaffer tape, staples, hooks, nails. Any damage caused by the use of adhesives or attachments not permitted will incur a £200.00 charge.
8. Food and Drink
8.1. Where food is to be supplied to the public the Hirer will take full responsibility for the Health and Hygiene of food supplied. If the Hirer has instructed a caterer, the responsibility of Health and Hygiene regulations is for the Hirer to ensure.
8.2. The Hirer shall if preparing, serving or selling food observe all relevant food and hygiene legislation and regulations and hold liability insurance to sell food on our premises. Express permission for selling of goods on Premises will require written permission from the committee and Venue to do so.
8.3. If the Hirer wishes to use caterers on the Premises during the Period of Hire, the Hirer must ensure that the caterers comply with all health and hygiene legislations and regulations, including liability insurance and policy schedule consent.
8.4. The Venue does not allow any form of cooking anywhere on the Premises or grounds with, but not limited to, BBQs, heaters, external and garden cooking equipment.
9. General regulations
9.1. The Hirer must ensure that no goods which are illegal, counterfeit, dangerous or deemed to be of an offensive or inappropriate nature (as determined at the absolute discretion of the Venue) are displayed, used or offered for sale on the Premises.
9.2. Any items deemed to be of an offensive or inappropriate nature by the Venue shall be removed from display or sale immediately, or from a person if required on the request of the Venue.
9.3. Smoking and vaping is not permitted in the Building. The Hirer shall ensure there is no smoking or vaping in the Premises, excluding the designated smoking areas outside. The Venue reserves the right to ask any person found to be smoking or vaping to stop immediately, to leave and/or reserves the right to stop the event and request the event finish immediately.
9.4. Drugs and/or any form of recreational activities are not permitted in the building (as determined at the absolute discretion of the Venue). The Venue reserves the right to ask any person found taking and/or selling drugs to leave and/or reserves the right to stop the event and request the event finish immediately.
9.5. The Venue does not allow the use of any equipment or decorations that can cause damage to the Premises or grounds with, but not limited to, smoke machines, snow machines, foam machines, bubble machines, powder bombs. The Committee and the Venue reserve the right to refuse any request for the use of any equipment for any event booking.
10. Nuisance
10.1. The Hirer must not do or allow anyone attending their hiring to do anything on the Premises or behave in a manner which is or may become a nuisance to the Venue or other hirers or to the occupiers of adjoining or neighbouring premises.
10.2. The Hirer shall be responsible for requiring any person causing such a nuisance to leave the Premises and the Building at the request of the Venue and Venue staff.
10.3. The Venue does not tolerate any form of abuse towards any of the staff or the Venue Members. The Hirer shall be responsible for ensuring the event attendees act in accordance with this and/or ensure that if any person continues to act in specific maladaptive behaviour, to remove them from the premises. The Venue reserves the right to ask any person to leave and/or reserves the right to stop the event and request the event finish immediately.
10.4.The Venue and the Venue Staff can refuse the right to serve any person intoxicated or otherwise if deemed necessary to protect the wellbeing of any person. The Venue reserves the right to ask any person to leave and/or reserves the right to stop the event and request the event finish immediately.
11. Children
11.1. The Hirer shall ensure that where an event involves activities aimed predominantly at children, and/or the activity is positively supported by a school for the attendance of children, they have appropriate child protection policies and procedures in place.
11.2. The Hirer shall ensure children under 16 are not outside alone after 22:30pm without supervision or a parent present.
11.3. The Hirer shall ensure children do not leave the Function Room without supervision. Any children left to behave in any way deemed a nuisance on our premises, including but not limited to: climbing our fences, attending areas of the club which have not been booked for use by the Hirer, ignoring guidance and instruction from the club staff, using inappropriate language towards Venue staff or Members, accessing external grounds deemed off limits and not for public use, will asked to be removed from the Premises at the discretion of the Venue and the Venue staff. The Venue reserves the right to ask any person to leave and/or reserves the right to stop the event and request the event finish immediately.
11.4. The Hirer will ensure all children are not drinking alcohol and will be fully responsible for any behaviour, injuries or medical conditions/emergencies that can arise from underage drinking.
12. Charges, Confirmation and Cancellation
12.1. The booking will be confirmed on acceptance of the booking by the Venue and on immediate receipt of a £30 non-refundable deposit, to secure the date and time of the event.
12.2. The Venue reserves the right to cancel any booking for any reason. Where a booking is cancelled by the Venue, the Venue shall incur no liability to the Hirer whatsoever.
12.3. Where the booking is cancelled by the Hirer less than 7 days before the first day of the event the Amount Due must be paid in full.
12.4. Where the booking is cancelled by the Venue, a full refund of the deposit/and or full payment will be returned.
12.5. If the Hirer is a paid Member of the Venue, this does not entitle all attendees to discounted drinks prices. Without a fully paid Membership Card, all persons will be charged at normal rates.
13. End of Hire
13.1. The Hirer shall ensure that the Premises are vacated by the end of the Period of Hire detailed in their booking confirmation.
13.2. The Hirer shall ensure the Premises and surrounding areas are in a clean and tidy condition and all equipment, goods and other materials including rubbish are placed in external bins provided on the premises at the end of the Period of Hire.
13.3. Where the hire includes use of the kitchen the Hirer shall ensure the cooker and fridge are left in a clean and empty condition. A charge of £100.00 shall be payable by the Hirer where the kitchen including any crockery, utensil, the cooker and fridge have not been left in a clean condition.
13.4. If found that any use of the Venue personal items in the kitchen and/or the Venue personal items have been taken, where permission for use has not been granted, a charge of £100.00 shall be payable by the Hirer.
13.5. Additional charges may apply where the Hirer fails to comply with clauses 17.1, 17.2 and 17.3.
14. Payment and Amount Due
14.1. The Hirer shall make full payment of the Amount Due no later than on the date of the event. Any later than the day of the event could incur interest.
14.2. For late payments made up to 7 days after the event, interest at a rate of 10% of the Room Hire Price originally agreed will be charged. If payment is not received within 7-14 days of the event, an interest rate of 20% of the Room Hire Price originally agreed will be charged. The Venue reserves the right to charge any interest values at their own discretion for a non-payment for the use of any of the Premises.
14.3. Pricing for the hire of the Premises are set out based on, but not limited to, the type/times/date/additions required for the event. The Venue reserves the right to update room hire charges at any time.
14.4. If the Hirer is a fully paid Member of the Venue, discounts may be applied for by the Hirer for the following, but not limited to, Function Room Hire Price, Members Room Hire, Additional Requirements, Bar Prices, which can be accepted or denied at the absolute discretion of the Venue.
15. Insurance
15.1. During the period of the hire, the Hirer shall be responsible for all damages, losses, claims and costs arising out of their use of the Premises and shall indemnify the Venue from and against any expense liability loss claim or proceedings including claims for personal injury to or the death of any person whatsoever arising out of the course of or caused as a result of the hire and/or Hirer except where due to the negligence of the Venue or their respective servants or agents.
15.2. The Hirer, if they so wish, can obtain their own Public Liability Insurance in the sum of not less than £500,000, can put this in place for the use of the Premises during the Period of the Hire at the absolute discretion of the Committee and Venue. A copy of the Hirer’s Public Liability Insurance Certificate and Policy Schedule shall be provided to the Venue not less than 28 days before the first date of the Period of Hire, if the Hirer has taken this upon themselves to obtain.
15.3. The Hirer cannot request to put on a firework display for the event. The Committee and the Venue have the right to refuse any request for fireworks use on the Premises.
16. Data Protection
16.1. Personal data supplied on the Room Hire Booking Forms, via the telephone and via the website will be held and will be used in accordance with the Data Protection Act 1998 for statistical analysis, management, planning and the provision of services by the Venue. The Venue does not and will not share any information with third parties.
17. Care of Premises and Equipment
17.1. The Hirer shall ensure no damage is caused or permitted to be caused to the Premises or any equipment or fittings during the Period of Hire.
17.2. The Hirer shall ensure that all persons and/or children will stay off of the cricket pitch and/or grass within the grounds, unless permission has been given by the Venue. The Hirer shall ensure all rules and guidance given by the Venue and the Venue staff to be followed by any persons attending the event organised or the Hirer shall be responsible for any damage caused for the amount up to £3000.00.
17.3. The Hirer shall be responsible for any damage caused or permitted to be caused to the Premises or any equipment or fittings during the Period of Hire, by any of the persons attending the event organised by the Hirer or the Hirer shall be responsible for any damage caused for the amount up to £3000.00.
18. Loss or damage
18.1. The Venue shall not be liable for any death, injury, loss or damage however so caused to the Hirer, persons using the Premises and/or to their property except for death or personal injury or damage to property caused by negligence on the part of the Venue or its employees or agents; or any matter in respect of which it would be unlawful for the Venue to exclude or restrict liability.
19. Advertising
19.1. No advertising shall be displayed at the Building without the permission of the Venue.
19.2. Any artwork or other advertising for the event must be approved by the Venue.
19.3. A charge of £200 shall apply where the Hirer fails to comply with clauses 19.1 and 19.2.
20. General Terms
20.1. The Venue may from time to time amend or add to the Terms and Conditions of the Venue Hire.
20.2. The Hirer shall ensure that their event/hire complies with all relevant legislation and regulations.
20.3. The Hirer shall engage with and follow the Venue’s Safety requirements when requested.
20.4. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
20.5. No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
20.6. This Agreement will be governed by and interpreted in accordance with the Laws of England and the English Courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.