Conditions of Venue Hire
These are the conditions on which the Council hires the Venue to the Hirer and with the Application and Floor Plans constitutes a legally binding agreement between the Council and the Hirer.
1. Definitions
1.1 In this Agreement unless specified to the contrary:
“Application” means the Application for Hire completed by the Hirer to secure the Booking;
“Bond” means the amount payable by the Hirer to secure the Hirer’s obligations under these Conditions of Hire;
”Booking” means the booking of the Venue by the Hirer for the Hire Period;
“Certificate of Currency” means the certificate or statement issued by insurance companies and/or insurance brokers confirming details of insurance cover including period, location and class of cover and limit of liability;
“Council” means the Stonnington City Council;
“Deposit” means the amount required to be paid to Council with the Application;
“Hire Fee” means the fee quoted to the Hirer in the Letter of Offer and any such further hire fees as become applicable pursuant to clause 3.3 of these Conditions of Hire;
“Hire Period” means the times and dates as specified in the Application as the required hire period, as may be amended by the Council in its Letter of Confirmation or any subsequent agreement in writing between the parties;
“Hirer” means the person or entity that hires the Venue for the Hire Period;
“Letter of Confirmation” means the letter of confirmation sent by Council to the Hirer upon approval of the Application;
“Letter of Offer” means the letter of offer sent by Council to the Hirer enclosing the Application;
“OH&S” means occupational health and safety; and
“Venue” has the same meaning as given to it in the Application.
2. Application
2.1 The Council reserves the right to accept or refuse the Application.
2.2 No Application will be accepted unless accompanied by the Deposit and the Bond.
2.3 A signed Application is conclusive evidence that the Hirer accepts these Conditions of Hire.
2.4 The Hirer must be eighteen (18) years of age or over.
3. Hire Fees
3.1 The Hirer must pay the Deposit and the Bond to the Council at the time of making the Application. If either the Deposit or the Bond is not paid by the due date, the Council may refuse the Application and cancel any tentative Booking.
3.2 Hire Fees are to be paid in full to the Council one month before the first date of the intended use stated on the Application and prior to any use of the Venue (First Hire Date). If this does not occur, then the Hirer’s Booking immediately lapses without any requirement for Council to notify the Hirer.
3.3 If the Hirer fails to vacate or return the keys to the Venue at the end of the Hire Period or the Venue is left in an unsatisfactory condition, the Hirer will be liable for further hire fees calculated on a daily basis until such time as the keys are returned and/or the Venue is returned to a satisfactory condition.
3.4 All Hire Fees are inclusive of Goods and Services Tax unless otherwise stated.
3.5 The Hirer will be required to pay any costs, fees and expenses incurred by the Council for non payment of Hire Fees by the Hirer including but not limited to administrative costs, debt collection, agency fees, legal costs, interest and expenses.
4. Bond
4.1 The Hirer agrees and acknowledges that the Council may without notice apply the Bond towards satisfaction of any claim the Council has against the Hirer in accordance with these Conditions of Hire.
4.2 Within twenty eight (28) days of the end of the Hire Period, the Council will return to the Hirer any part of the Bond that has not been or will not be required to be applied by the Council pursuant to clause 4.1 above.
5. Cancellation by the hirer
5.1 The Hirer may cancel its Booking by written notice to the Council any time before the First Hire Date.
5.2 For cancellation of any bookings by the Hirer of a Venue (other than for rooms or other specific areas within a Venue), if written notification is made by the Hirer to Council under clause 5.1:
5.2.1 at least two (2) calendar months before the First Hire Date, Council will retain the full amount of the Deposit; or
5.2.2 less than one (1) calendar month before the First Hire Date, Council will retain the full amount of the Hire Fee.
5.3 For cancellation of any bookings by the Hirer for rooms or other specific areas within a Venue less than seven (7) days before the First Hire Date, Council will retain the full Hire Fee.
6. Cancellation by council
6.1 Council may cancel the Booking by written notice to the Hirer at any time before the First Hire Date if:
6.1.1 the Council becomes aware that any event, good or service proposed to be held or provided by the Hirer is objectionable, dangerous, infringes any copyright or other intellectual property rights, is prohibited by law, or would be detrimental to the Council;
6.1.2 the Venue is required for Council functions or Municipal, State or Federal elections;
6.1.3 the Hire Fees, the Bond and/or the Deposit have not been paid;
6.1.4 repairs, alterations or additions to the Venue are underway or impending;
6.1.5 the Hirer has not provided evidence of adequate insurance coverage;
6.1.6 security arrangements to the satisfaction of Council are not in place in accordance with clause 14;
6.1.7 the Council is not satisfied that the OH&S policies, procedures and measures proposed by the Hirer for the Venue are adequate; or
6.1.8 the Hirer has breached any of the conditions contained in this document.
6.2 The Council may cancel the Booking without notice in the event of an emergency or if deemed necessary.
6.3 If the Council cancels the Booking without fault of the Hirer, the Council will refund any amounts paid by the Hirer in relation to the Booking.
6.4 The Council will not be liable for any loss or damage or loss of profit suffered as a consequence of exercising its right to cancel the Booking under this clause.
6.5 Cancellation or termination of the Booking for whatever reason will not affect any right which the Council may have to recover money owing for the Booking or to recover damages from the Hirer.
7. Use of venue
7.1 The Hirer must not do or allow to be done anything on or in relation to the Venue which may or does:
7.1.1 destroy or cause damage to the Venue;
7.1.2 cause any form of nuisance, disturbance or damage to an occupier or owner of any property adjacent to the Venue or to the property itself;
7.1.3 breach any provision of these Conditions of Hire; or
7.1.4 not comply with the details provided by the Hirer in the Application.
7.2 The Council reserves the right to terminate the Booking immediately if the Hirer fails to comply with the Council’s reasonable instructions in relation to the use of the Venue.
7.3 Should it become necessary for the Hirer, or the Hirer’s representative, to leave the Venue during the Hire Period, s/he must nominate a responsible person to act on his/her behalf in his/her absence.
7.4 Use of the Venue by the Hirer is at the risk of the Hirer at all times.
7.5 For Town Hall Hirers: The Hirer must ensure that the use of the Venue is confined to the Hire Period. Except for catered functions, the Hire Period may be extended by prior agreement with Halls Management.
7.6 Set up of the Venue is the responsibility of the Hirer.
7.7 Children must be supervised at all times by a responsible adult.
7.8 The Council reserves the right to require a Council officer to be in attendance during any event at the Venue.
7.9 The Hirer must not use or allow to be used, any area adjacent to the Venue for any activity directly or indirectly associated with the use of the Venue, including but not limited to the placement and use of BBQ’s, Coffee Vans and Marquees at any time during the Hire Period.
7.10 If the Venue includes a stage or platform, except where the stage or platform is used for performance purposes, they are not to be used, occupied or accessed in any way and are not part of the area made available to the Hirer for hire and use.
7.11 Notwithstanding any other provision, the Council may expel a person from the Venue and prohibit any person from entering the Venue who breaches any of these Conditions of Hire.
8. Smoking
8.1 Smoking is prohibited at the Venue.
8.2 The Hirer must ensure that all persons at the Venue abide by clause 8.1 during the Hire Period and during any extension of the Hire Period.
9. Alcohol
9.1 If alcohol is intended to be consumed at the Venue, the Hirer must :
9.1.1 obtain the appropriate permit from the Liquor Control Commission; and
9.1.2 provide a copy of such permit to the Council at least fourteen (14) days before the First Hire Date; and
9.1.3 display the permit at the Venue during the Hire Period.
9.2 The Council may prohibit alcohol being brought into, distributed or consumed at the Venue if it believes this is reasonably necessary to maintain law and order or compliance with these Conditions of Hire.
10. Condition of venue
10.1 The Hirer agrees and acknowledges that the Venue is in good repair and clean condition at the commencement of the Hire Period and must be returned to the Council in the same condition at the end of the Hire Period.
10.2 All cleaning and removal of all goods and equipment brought in by the Hirer must be completed within the Hire Period. Cleaning includes where appropriate but is not limited to:
10.2.1 neatly stacking all tables and chairs;
10.2.2 cleaning the floor;
10.2.3 removing all bottles and rubbish from the Venue or placing in Venue bins where appropriate. All recyclable goods are to be placed in recycling containers at the rubbish collection point; and
10.2.4 locking all doors and windows at the Venue.
10.3 The Hirer is liable for any costs, loss or damage suffered as a result of damage caused to the state of repair or condition of the Venue during the Hire Period. The Hirer agrees and acknowledges that if any damage occurs to the Venue during the Hire Period, whether or not as a result of the Hirer’s use of the Venue, the Hirer must, at its cost, reinstate the Venue in accordance with Council’s reasonable direction or, at the Council’s election, pay to the Council the cost of the reinstatement.
10.4 The Council may retain such amount of the Bond as will cover any costs incurred by the Council for any repairs or cleaning required as a result of the Hirer’s use of the Venue (other than fair wear and tear). The Council retains the right to determine the cost of any repairs or cleaning required.
10.5 The Hirer agrees on demand to pay to the Council any such further amounts as are required to cover the cost of repairs or cleaning referred to in this clause 10.
10.6 The Council will not assume any responsibility for any goods or equipment left at the Venue whether prior to, during or at the end of the Hire Period.
11. Insurance
11.1 The Hirer must not do anything that may or does render void or voidable any insurance policy in relation to the Venue.
11.2 Before the Hire Period commences, the Hirer must provide Council with a Certificate of Currency issued by a reputable insurer for a public liability insurance policy in respect of the use and occupation of the Venue for twenty million dollars ($20M) for any single event, noting Council as an interested party. Such insurance cover must be to Council’s reasonable satisfaction.
11.3 The Hirer is responsible for workers’ compensation insurance for its employees and for all insurance coverage on goods and services brought to, sold, displayed or provided at the Venue.
12. Indemnity
12.1 The Hirer indemnifies the Council against any liability or loss which may arise from, and any costs, charges or expenses incurred in connection with:
12.1.1 any damage to the Venue (fair wear and tear excepted);
12.1.2 any loss or damage to any property or thing on or near the Venue;
12.1.3 the death of or injury to any person in or near the Venue; and
12.1.4 any breach of any third party’s intellectual property rights in accordance with clause 13.3 below.
13. Intellectual property
13.1 It is the Hirer’s responsibility to ensure that it does not infringe any intellectual property rights of any third party by its use of the Venue.
13.2 The Hirer must on demand provide the Council with evidence of its right to use any intellectual property of any third party.
13.3 The Hirer must at all times indemnify the Council from and against all actions, suits, proceedings, claims, demands, damages and costs whatsoever brought, prosecuted or made (as the case may be) against the Council for and on account of any breach of any intellectual property rights of any third party including but not limited to such rights arising from the performance of any musical, literary or dramatic work during the Hire Period.
14. Security
14.1 The provision of Security Guards is mandatory at all events. As all security personnel are to be supplied by Council’s preferred supplier, hirers are not permitted to bring in other security companies.
14.2 Council will pay for the required security personnel and the Hirer will reimburse the Council for those costs within seven days of being requested by Council.
14.3 All security personnel must be appropriately licensed to perform the security requirements during the Hire Period.
14.4 All security personnel must display appropriate licences and security numbers at all times while performing their duties.
14.5 At events where alcohol is to be consumed, the Hirer must ensure that there is at least one security personnel or member of police for every one hundred people expected to attend the event for which the Venue is hired or such other reasonable number as the Council may consider necessary.
14.6 At events where alcohol is not being consumed, the Hirer must ensure that there is at least one security personnel or member of police attending the event for which the Venue is hired or such other reasonable number as the Council may consider necessary.
14.7 The Council may at its option cancel the Booking if the Hirer fails to provide adequate numbers of security personnel or police or fails to provide sufficient evidence of any security personnel’s adequate licensing arrangements.
15. Kitchen facilities and caterers
15.1 The Hirer must not take into, or use at, and must ensure no other person takes into, or uses at, the Venue any gas or electrical appliance not supplied by the Council unless written permission has first been obtained from the Coordinator, Halls Management at the Council.
15.2 Gas bottles for cooking are not permitted within the Venue at any time.
15.3 The Hirer must comply with all relevant food hygiene and safety laws, rules and regulations when preparing, handling, displaying and serving any consumables.
16. Access
16.1 The Hirer must allow unrestricted access to the Venue at any time by the Mayor, Councillors, Venue management and/or any other officer designated by the Council.
16.2 Access to the Venue is granted to the Hirer only during the Hire Period subject to any subsequent agreement to extend the access period at the sole discretion of the Council.
17. No subletting or assignment
17.1 The Hirer must not sublet or assign its Booking to any person or entity without the prior written consent of the Council and on such terms and conditions as the Council may specify.
18. Obstructions
18.1 The Hirer must comply with any applicable regulations made under the Building Act 1993.
18.2 It is the responsibility of the Hirer to ensure that all Emergency Exits, Access Ramps, Stairways and areas around fire hydrants, fire extinguishers and similar equipment remain clear at all times and are not obstructed in any way. It is a breach of these Conditions for any such areas to be obstructed at anytime.
19. Animals Prohibited
19.1 The Hirer must ensure there are no animals present at the Venue during the Hire Period except for guide dogs for the visually impaired.
20. Compliance with law and directions
20.1 The Hirer must at all times comply with any:
20.1.1 reasonable direction by the Council;
20.1.2 Council rules, regulations and by-laws; and
20.1.3 all other applicable legislation.
20.2 The Hirer is responsible at its own cost for obtaining all such necessary permits, consents, approvals and licences which may be required by any authority having jurisdiction over the Venue for the conduct by the Hirer of the Hirer’s event.
20.3 The Hirer shall be liable for any failure to comply with the matters referred to in this clause 20 and indemnifies Council against any and all costs, losses or damages arising from any such failure by the Hirer.
21. Car parking and deliveries
21.1 The Hirer must not, on Council land, park or allow to be parked any vehicle associated with the hire of the Venue unless the Hirer has obtained the prior written consent of the Council.
21.2 The Hirer agrees to abide by any terms and conditions stated by the Council in relation to any consent given by the Council pursuant to clause 21.1 above.
21.3 The Hirer must ensure that any deliveries made to the Venue do not cause any traffic obstructions and must obtain Council’s prior written approval for any deliveries involving vehicles of a capacity of three (3) tonnes or more.
21.4 It is the responsibility of the Hirer to ensure that all vehicles are parked legally if parked on Council property. Council is not responsible for any Parking Infringement Notices received by the Hirer or issued for vehicles associated with the event.
21.5 The Hirer must ensure that delivery pallets or any other heavy item or equipment are not placed on a Venue’s polished or carpeted floors and that the floor or other surface on which they are placed is sufficiently strong to bear such a weight.
22. Power restrictions and Electrical capacity
22.1 If a restriction is imposed by a supplier of power or water during the Hire Period, the Hirer must make arrangements for any necessary temporary supplies at its own cost and subject always to Council’s prior approval.
22.2 The Hirer must satisfy itself that the Venue chosen by the Hirer has sufficient electrical capacity to provide power for the activities proposed by the Hirer. The Hirer acknowledges that Council has made no representation or warranty to the Hirer that the Venue’s electrical capacity will be sufficient for the Hirer’s purposes and needs.
22.3 Council’s approval referred to in clause 22.1 above must be obtained in writing, subject to emergency or unforeseeable circumstances.
22.4 The Hirer must ensure that any electrical leads and cords are taped down so as not to cause any danger to any person or property and must also ensure that any electrical equipment used by the Hirer or any other person during the Hire Period is tested and tagged in accordance with current electrical safety standards.
23. Works
23.1 The Hirer must not:
23.1.1 interfere with the electrical, lighting or audio installations at the Venue; or
23.1.2 interfere with any structural aspect of the Venue; or
23.1.3 undertake any other work at the Venue,
(“the Works”) without the prior written consent of the Council in relation to the Works to be conducted and the personnel to be used to undertake such Works.
23.2 The Hirer must comply with any conditions imposed by the Council in relation to the Works.
23.3 The Hirer must at the end of the Hire Period return the Venue to the state it was in prior to any Works being undertaken, subject to any written agreement with the Council to the contrary.
23.4 The Hirer indemnifies the Council from any costs or damages arising as a direct or indirect result of the Works.
24. Decorations
24.1 The erection of streamers, flags, bunting or other decorations, or the erection or placing of structures in the Venue may only be carried out with the prior approval of the Council.
24.2 At the end of the Hire Period, the Hirer must remove all decorations or structures and will be responsible for any costs associated with any damage to Council property caused by the placement or removal of a decoration.
24.3 No Adhesive Tape or Blu Tak is allowed to be placed on the floor, any painted surface, fabric panels, curtains or any other area at the Venue.
24.4 It is the responsibility of the Hirer to inform any stallholders, other users and any associated persons of these conditions.
25. Advertising
25.1 The Council reserves the right to view and approve all advertising material prior to publication.
25.2 No banners or advertising material are to be placed either outside or inside the Venue at any time, unless council’s consent has first been obtained.
25.3 No banners or advertising material may be placed at any time on either the Malvern Town Hall or the Prahran Town Hall for the period commencing at the beginning of the second week in November and finishing at the end of the second week of January.
25.4 No spruiking is allowed at any time outside or inside the building hired.
25.5 It is the responsibility of the Hirer to inform any stallholders and any associated persons of these conditions.
26. Theft
26.1 Council is not responsible for any loss or damage that may be suffered by the Hirer or any of the persons attending the Venue during the Hire Period as a result of any theft.
27. Smoke machines
27.1 Smoke and/or haze machines are not permitted in any venues.
28. Keys & Swipe Cards ( Community Centres Only)
28.1 The Hirer must ensure that:
28.1.1 all keys and swipe cards are returned to Council at the conclusion of the Hire Period;
28.1.2 keys and swipe cards are handled only by the persons authorised by Council; and
28.1.3 lost keys and swipe cards are immediately reported to Council.
28.2 The Hirer agrees to pay the cost of replacing lost keys and swipe cards including the cost of changing locks if necessary.
28.3 The Council may retain such amount of the Bond which will cover any costs incurred by the Council replacing lost keys and swipe cards or changing locks.
29. Equipment
29.1 All equipment hired by the Hirer will be the full responsibility of the Hirer and the Council is in no way responsible for any such equipment.
29.2 The Hirer warrants that all equipment and goods brought into the Venue during the Hire Period are clean, are in good and safe working order, have no offensive odour, are non-hazardous, are free of vermin and are adequately flame retardant.
30. Volatile and Flammable materials
30.1 Unless these Conditions expressly state otherwise, the Hirer acknowledges that it is expressly prohibited from bringing any volatile or flammable materials of any type into the Venue. The use of barbeques or any other open flame is prohibited. Candles may not be used on any stage.
31. Termination upon default
31.1 Council may immediately terminate the Booking during the Hire Period if it reasonably believes these Conditions of Hire are being breached where:
31.1.1 The breach has not been remedied by the Hirer after being directed by the Council verbally to do so; or
31.1.2 The breach is, in the Council’s opinion, of a nature to require the immediate cancellation of the Booking.
31.2 Council may retain the entire Hire Fee in the event that the Booking is terminated in accordance with this clause 31.
31.3. In the event of a termination by Council pursuant to this clause 31, Council will not be liable for any costs or expenses incurred by the Hirer or for any loss of profits suffered by the Hirer as a result of such a termination.
32 Occupational Health and Safety
32.1 General Occupational Health and Safety
The Council is obliged to provide and maintain, so far as practicable, a working environment for its employees and members of the public that is safe and without risk to health.
The Hirer must for itself and any subcontractors identify any risks and take all necessary precautions for the health and safety of all persons visiting or using the Venue during the Hire Period, including the Hirer’s employees and subcontractors, Council staff and members of the public who may in any way be affected.
The Hirer must inform itself of all OH&S policies, procedures and measures implemented and adopted by Council in respect of the Venue and its use and must comply with all such policies, procedures or measures as well as all directions made by the Council’s representative from time to time (Supervisor) relating to OH&S.
32.2 Legislative Compliance
The Hirer acknowledges and agrees that it is the Hirer’s obligation to:
32.2.1 comply with; and
32.2.2 ensure that its employees, subcontractors and agents comply with, any Acts, regulations, local laws, codes of practice and Australian Standards which are in any way applicable to OH&S and the Venue and its use during the Hire Period.
The Hirer must at any time upon request made by the Supervisor rectify any matter or thing which in the Supervisor’s reasonable opinion is in breach of OH&S requirements and the Hirer hereby indemnifies Council, Councillors and Council staff against any and all loss, costs and damage which may be incurred as a result of the Hirer’s breach of its OH&S obligations.
32.3 Reporting
The Hirer must, when requested by the Supervisor, provide evidence of the Hirer’s ongoing compliance with its OH&S obligations, and report to the Supervisor any incident or accident which occurs at the Venue during the Hire Period.
32.4 Non – Compliance
If at any time during the Hire Period the Supervisor is of the opinion that the Hirer is in default of its OH& S obligations, then the Supervisor may either:
32.4.1 suspend the Hirer’s use of the Venue until such time as the Supervisor is of the opinion that any default has been rectified; or
32.4.2 immediately terminate the Hirer’s use of the Venue, and in either event, the Hirer shall not be entitled to be compensated for any costs, loss or damage or loss of profits incurred or suffered by the Hirer.