Terms and Conditions
By ticking “I Agree to the Terms & Conditions” during the online booking process, the Hirer confirms that they:
- have read, understood and agree to all Terms & Conditions in this document;
- accept all responsibilities relating to safeguarding, governance, insurance, behaviour, safety, and facility care;
- understand that electronic acceptance is legally binding and replaces a handwritten signature;
- certify that all information submitted is accurate and truthful; and
- accept that submission of the booking constitutes a formal application which the Council may accept, reject or amend.
1. DEFINITIONS
Business Day – a day, other than a Saturday, Sunday or public holiday in Northern Ireland, when banks in Belfast are open for business.
Booking Form – the digital form completed online containing booking, safeguarding, governance and insurance details.
Commercial Rate – the rate applicable to businesses, sole traders, or organisations operating for financial gain or profit, individuals delivering paid services (e.g. fitness classes, ticketed events, private tuition) and users with regular commercial usage, typically defined as two or more commercial bookings per week across Council facilities. Commercial rates reflect the trading nature of the activity and use of public assets for business purposes.
Concessionary Rate – the rate applicable to constituted community groups where the primary purpose is social, recreational, or community benefit rather than profit.
Contract – the contract between the Hirer and the Council for the hire of the Facility and supply in accordance with these General Terms and Conditions of Hire Conditions and documents referred to therein.
Council – Armagh City, Banbridge and Craigavon Borough Council, its staff and representatives.
Declaration – The governance and compliance confirmation required from all Hirers.
Deposit – the deposit to secure the booking for Large Events made in accordance with clause 4.12.
Event – the event or function for which the Hirer is hiring the Facility.
Facility – Any of the following Council-managed buildings, areas or rooms booked by the Hirer: Ashgrove Community Centre, Avenue Road Community Centre, Brownlow HUB, Brownstown Community Centre, Dobbin Street, Dromore Town Hall, Killicomaine Community Centre, Lurgan Town Hall, Mourneview Community Centre, North Lurgan Community Centre, Portadown Town Hall, Taghnevan Youth & Community Centre, Tommy Makem Arts & Community Centre and Banbridge Town Hall.
Hirer – The individual, group or organisation responsible for submitting the booking and ensuring compliance.
Hirer Invitees – the Hirer’s staff, agents, guests, sub-contractors and any person invited or permitted to enter the Facility by the Hirer or by any of the foregoing persons.
Hire Period – The approved period of time agreed for the hire of the Facility including any period of time for preparation, operation and clean-down.
Hire Charges – All fees payable by the Hirer for the hire of the Facility including room hire, equipment, staffing, deposits and cleaning or damage charges.
Large Event – any event with expected attendance of either 50–100 people or 101–300 people including public or private gatherings such as parties, celebrations, performances, exhibitions, or meetings, organised functions involving external attendees, ticket sales, or formal promotion or events requiring increased facility usage, staffing, cleaning, or resource management due to scale. #
Political Purpose: Any meeting, event, or activity organised wholly or primarily for political discussion, campaigning, representation, or promotion of political views.
Public Holiday Rate – the rates applicable to all bookings taking place on a public or bank holiday. The rates will be charged at double the Standard (Community) rate, apply across all categories, including Concession users and reflect additional operational and staffing costs to the Council.
Standard Event – any event deemed to be a regular booking, small group activities, or routine community use falling below 50 attendees.
Statutory Rate – the rates applicable to statutory bodies and public sector organisations delivering services under legal or governmental authority including but not limited to government departments, statutory agencies, public authorities delivering regulated or statutory functions. Statutory bookings are charged at double the Standard rate, in line with Council policy.
2. GENERAL CONDITIONS OF HIRE
2.1 In consideration of the Hire Charges, the Council agrees to permit the Hirer to use the Facility during the Hire Period and the Hirer agrees to hire the Facility on the terms of and subject to these General Terms and Conditions of Hire.
2.2 All applications to hire a Facility must be submitted by the Hirer to the Council using the Booking Form at least fourteen (14) days in advance of the booking.
2.3 The Council reserves the right to refuse or restrict any applications based on capacity, safety, staffing, previous breaches by the Hirer or other operational reasons.
2.4 Submission of a Booking Form does not constitute acceptance. The Contract shall only come into effect in accordance with clause 2.5, when each of the following conditions has been satisfied in full (the “Conditions”):
a) the Hirer has submitted a completed Booking Form;
b) the Hirer has paid the Deposit or Hire Charges, as applicable, in full and the Council has received the Deposit or Hire Charges as applicable in cleared funds unless an alternative payment plan has been formally agreed with the Council;
c) Where an alternative payment plan is in place, the Hirer has provided a written undertaken to comply fully with the terms of that agreement and ensure that all scheduled payments are made on time;
d) the Hirer has supplied all relevant documents requested by the Council; and
e) the Council has issued a written acceptance of the confirmation to the Hirer in respect of the relevant Facility and Hire Period (“the Booking Confirmation”).
2.5 The Contract shall come into existence on the date of the Booking Confirmation. Until that time, the Council shall treat the Hirer’s booking as provisional.
2.6 The Hirer shall notify the Council immediately of any changes to the Event or the Booking Form after submission, and in any event within 24 hours of becoming aware of the change.
2.7 The Hirer must comply with all current Council policies and the terms of this Contract and any other instructions or notices from the Council.
3. GOVERNANCE, COMPLIANCE & CONDUCT DECLARATION
3.1 Non-Profit Operation
Where applicable, the Hirer confirms they operate for community benefit and on a not-for-profit basis and do not distribute profits to members or shareholders.
3.2 Conflicts of Interest
The Hirer warrants that there is no contract, agreement, or other arrangement or interest that will or may give rise to any conflict of interest between the Hirer, its suppliers used for the Event, the Hirer Invitees and the Council. The Hirer will use all reasonable endeavours to avoid a conflict of interest arising between the Hirer and the Council, and undertakes to notify the Council as soon as reasonably practicable should any actual or potential conflict of interest arise.
3.3 Safeguarding
3.3.1 The Hirer shall, in connection with the use of the Facility and the conduct of the Event, comply with all applicable safeguarding legislation, statutory guidance and best practice in force in Northern Ireland.
3.3.2 Where the Event is likely to be attended by, or to involve activities, directed at children (being persons under the age of 18) or vulnerable adults, the Hirer shall, before the commencement of the Hire Period:
a. Ensure that the Council is informed by including such information in the Booking Form with sufficient detail;
b. Comply with the requirements of clause 11;
c. Designate a named individual as the Hirer’s safeguarding lead for the Event, whose details shall be provided to the Council on request;
d. Ensure that adequate safeguarding arrangements, including safe collection and drop-off procedures and supervision ratios, are in place throughout the Event; and
e. Ensure that all designated safeguarding leads and/or supervisors are properly vetted and trained in accordance with clause 3.3.3 prior to the Hire Period.
3.3.3 Where any person engaged by the Hirer, whether as an employee, volunteer, contractor, performer or in any other capacity, will have access to children or vulnerable adults in connection with the Event, the Hirer shall ensure that such persons hold a current and satisfactory enhanced Access NI disclosure certificate. The Council may, at its discretion, require sight of relevant disclosure certificates or confirmation from the Hirer’s designated safeguarding lead.
3.3.4 Where the Hirer is an organisation, the Hirer warrants that it has in place and will maintain throughout the Hire Period a written safeguarding policy that:
a. Complies with all applicable statutory requirements and guidance;
b. Has been adopted and reviewed within the preceding 12 months; and
c. Is available for inspection by the Council on request.
3.3.5 Where the Hirer does not have its own safeguarding policy, it shall comply with the Council’s safeguarding policy, a copy of which is available on request.
3.4 Equal Opportunities
The Hirer shall, in connection with the use of the Facility and conduct of the Event, ensure that it has an Equal Opportunities Policy in place and comply with all applicable equality law (whether in relation to race, sex, gender reassignment, age, disability, sexual orientation, religion or belief, pregnancy, maternity or otherwise) and take all necessary steps, and inform the Council of the steps taken, to prevent unlawful discrimination designated as such by any court or tribunal, or the Equality and Human Rights Commission or any successor organisation.
3.6 Risk Assessments
The Hirer shall complete and provide evidence to the Council of all activity-specific risk assessments prior to the Event, to be updated as required.
3.7 Criminal Convictions
The Hirer warrants that neither it nor the Hirer’s Invitees nor anyone associated with the organisation, management or running of the Event:
a) has been convicted of any criminal offence not considered to be “spent” under the Rehabilitation of Offenders (NI) Order 1978; or
b) to the best of its knowledge, has been or is the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence of or in connection with any criminal conviction, slavery and human trafficking.
3.8 Fit and Proper Person Requirement
The Hirer shall demonstrate lawful and responsible behaviour at all times suitable for hiring public facilities.
4. PAYMENT TERMS & DEPOSITS
4.1 All Hire Charges must be paid in full in advance of the Hire Period, unless an alternative payment arrangement has been agreed in writing by the Council (under which a purchase order (if applicable) has been provided and invoicing timeframes have been agreed).
4.2 Where an alternative payment arrangement has been agreed, the Hirer undertakes to:
a. Comply fully with the terms of that arrangement;
b. Ensure that all scheduled payments are made on time; and
c. Accept that failure to adhere to the terms of the alternative payment arrangement may result in cancellation of future or ongoing bookings.
4.3 The Council reserves the right to refuse, suspend, or cancel bookings where payment has not been received or where there is non-compliance with the terms of an agreed alternative payment arrangement.
4.4 The Council reserves the right to settle any additional charges arising from the booking (including, but not limited to, damages, extra staffing, or extended use) within the timeframe specified by the Council.
4.5 The Hirer may issue an additional invoice after the Event for any further Hire Charges due which were not included in the original invoice. Such further Hire Charges may include but are not limited to those payable for extended hours, cleaning, damage or staffing.
4.6 The Hirer shall pay all Hire Charges invoiced within 12 Business Days of the invoice date.
4.7 Where the Hire Period exceeds five hours, an additional hourly charge applies, calculated from the end of the fifth hour.
4.8 Where a secondary room is held in reserve, a non-refundable holding fee applies as notified in writing. If the room is used, the applicable Hire Charge is payable in addition to the holding fee.
4.9 A Public Holiday Rate, Statutory Rate and Commercial Rate (the “Rates”) may be applicable to the Hire Charges if deemed relevant by the Council and subject to the Council’s written approval.
4.10 All amounts payable by the Hirer include amounts in respect of value added tax (VAT).
Large Events
4.11 To be classified as a Large Event, one or more of the following assessment criteria must be met:
a. The Hirer declares anticipated attendance within the thresholds detailed in these General Terms and Conditions of Hire and within the Booking Form;
b. Previous or similar events organised by the Hirer indicate comparable attendance levels; and
c. The nature, scale, or setup of the Event suggests higher-than-standard usage of the Facility.
4.12 The Council reserves the right to review expected attendance and apply the appropriate rate based on booking details and available evidence.
4.13 In relation to Large Events, a non-refundable Deposit of twenty-five per cent (25%) of the total Hire Charges is payable within [5] Business Days of the Booking Confirmation. The booking is not secured until the Deposit has cleared the Council’s bank account.
4.14 The following additional Hire Charges may apply and will be confirmed in the Booking Confirmation or notified in writing in advance:
a. Cleaning – where the Event is likely to require cleaning beyond the standard post-hire clean;
b. Staffing – where additional Council staff are required for access, set-up, clear-down or other operational purposes; and
c. Security – where the Council considers security personnel necessary given the size or risk profile of the Event. The Council may require the Hirer to engage approved security personnel as a condition of booking.
Concession Rate Eligibility
4.15 Constituted community groups (“the Group”) may be entitled to avail of a Concessionary Rate.
4.16 To qualify for the Concessionary Rate, the Group must:
a. Have a formal constitution or other governing document demonstrating its organisational purpose, governance structure, community-based membership and non-for-profit status, and confirming alignment with an approved concession category;
b. Hold valid public liability insurance in the Group’s name, covering the intended activities for the entire Hire Period;
c. Operate on a not-for-profit basis;
d. Ensure it has, where the Event involves children or adults at risk, either the Group’s own safeguarding policy in place or written confirmation that the Group will adopt and comply with the Council’s safeguarding policy;
e. Demonstrate that it falls within at least one approved concession category, including (without limitation) senior citizen groups (aged 60 plus), parent and toddler groups, disability groups or youth groups (typically ages 5-18).
4.17 To be considered for the Concessionary Rate, the Hirer agrees to upload the documents listed in clause 4.16 together with the Booking Form. Booking Forms submitted without complete documentation will not be assessed for the concessionary rate and will default to the standard rate until all documents are provided and verified.
4.18 The Council reserves the right to verify all submitted documents, request further evidence or clarification, and refuse concessionary status where documentation is incomplete, inaccurate or does not satisfy the eligibility criteria. The Council’s determination of eligibility status is final.
4.19 The Hirer shall notify the Council immediately of any change to its constitution, governance arrangements, insurance cover, safeguarding policies or organisational status that may affect its eligibility for the concessionary rate.
4.20 The submission of false, altered or misleading documentation in support of a concessionary rate application may result in any or all of the following:
a. Cancellation of the booking without refund;
b. Withdrawal of concessionary status with immediate effect;
c. Application of the standard or commercial rate to current and future bookings;
d. Refusal of future hire applications; and
e. Referral to appropriate authorities where fraudulent misrepresentation is suspected.
5. CANCELLATIONS & REFUNDS
5.1 The Hirer may cancel the booking by giving written notice to the Council in accordance with the following minimum notice periods:
a. For a Standard Event: not less than 48 hours’ notice before the commencement of the Hire Period; and
b. For a Large Event: not less than 10 Business Days before the commencement of the Hire Period.
5.2 Where the Hirer cancels in accordance with the notice periods in clause 5.1, the Council shall refund the Hire Charges paid, less any non-refundable Deposits in relation to Large Events in accordance with clause 4.13, and any reasonable administrative costs incurred by the Council up to the point of cancellation.
5.3 The Council shall not be required to grant a refund of any part of the Hire Charges where the minimum notice requirements in clause 5.1 have not been met by the Hirer.
5.4 Without affecting any other right or remedy available to it, the Council may terminate the Contract with immediate effect by giving written notice to the Hirer if:
a. the Hirer fails to pay any amount due under the Contract on the due date for payment;
b. the Hirer commits a breach of any term of the Contract;
c. the Hirer takes or has taken against it (other than in relation to a solvent restructuring) any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part 1A The Insolvency (Northern Ireland) Order 1989, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 5.4(c);
d. the Hirer suspends or ceases, or threatens to suspend or cease, carrying on business;
e. the Hirer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy;
f. the Hirer is in breach of clause 3.3;
g. the Facility becomes unavailable for reasons beyond the Council’s control (including but not limited to emergency closure, damage, statutory requirements or health and safety grounds);
h. the Council has relied on any information or statements from the Hirer which prove to be false, incorrect or misleading; or
i. the Council reasonably considers that the Event is likely to involve activities that are unlawful, discriminatory or contrary to the Council’s public body obligations, statutory duties or policies.
5.5 The Council may terminate the Contract with immediate effect by giving written notice to the Hirer.
6. USE OF FACILITIES
6.1 The Council grants to the Hirer for the Hire Period, a right to enter and use the Facility for the Event in accordance with the terms of this Contract. The Hirer acknowledges that:
a. the Hirer shall have the right to enter and use the Facility as a licensee only and no relationship of landlord and tenant is created between the Council and Hirer by this Contract; and
b. the Council retains control, possession and management of the Facility and the Hirer has no right to exclude the Council from the Facility. The Council reserves the right to enter the Facility at all times during the Hire Period.
6.2 The Hirer agrees and undertakes that they shall:
a. not to use the Facility other than for the declared purpose in the Booking Form;
b. not to do or permit to be done anything at the Facility which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Council or to any other residents of the Council, or any owner or occupier of neighbouring property;
c. to comply (and ensure that its staff and agents comply) with the terms of this Contract and any instructions or notices from the Council, and use reasonable efforts to ensure that any other Hirer Invitees so comply;
d. to permit the Council to search all containers, bags, boxes and equipment brought into or removed from the Facility during the Hire Period, including those brought into or removed from the Facility by the Hirer Invitees;
e. not to cause or permit to be caused any damage to the Facility, including any furnishings, equipment or fixtures at the Facility;
f. not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Facility without the Council’s prior written consent;
g. not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Facility without the prior written consent of the Council;
h. not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Facility, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of the Council;
i. to leave the Facility in a clean and tidy condition and to remove the Hirer's decorations, displays and any other Hirer equipment from the Facility at the end of the Hire Period;
j. to ensure that all guests leave the Facility by the agreed opening/closing times;
k. to submit any decorations, signage, banners, displays or temporary structures the Hirer wishes to bring or erect within the Facility to the Council for approval prior to the commencement of the Hire Period;
l. to ensure that adequate supervision is maintained throughout the Hire Period;
m. not to bring or permit to be brought into the Facility without the prior written consent of the Council, any animal (with the exception of assistance dogs within the meaning of the Disability Discrimination Act 1995);
n. not to access any restricted areas in the Facility;
o. ensure the Event operates within the approved Hire Period, including set-up and clear-down.
p. Comply with the following standard hours:
i. Town Halls (Banbridge, Dromore, Portadown & Lurgan): up to 2:00am (subject to approval)
ii. All other Community Facilities: no later than 11:00pm
q. Obtain prior written approval for any extension of the standard hours, which may be subject to conditions and additional charges; and
r. Ensure all attendees vacate promptly at the end of the Hire Period.
The Hirer acknowledges that, for private functions and birthday party bookings, they shall:
- Ensure a responsible adult supervises the Event at all times and accepts full responsibility for all attendees, in accordance with Clause 6 (Use of Facilities).
- Limit attendance to a maximum of twenty-five (25) children unless otherwise agreed, and ensure safe use of the Facility at all times.
- Where inflatable or play equipment is used, ensure:
- Continuous adult supervision;
- Separation of children by size where appropriate;
- No rough play, somersaults, or unsafe behaviour;
- Shoes are removed and safe access is maintained;
- Any unsafe behaviour is stopped immediately.
- Ensure that food and drink are not consumed during active play, and that general safety within the Facility is maintained in accordance with Clause 8 (Health & Safety).
- Report all accidents or incidents to Council staff without delay.
6.3 The Council may terminate the Contract and require the immediate evacuation of the Facility by the Hirer and all persons present if, in the reasonable opinion of the Council, its staff or authorised representative, any person at the Event is:
a. Behaving in a violent, threatening, abusive or disorderly manner;
b. Under the influence of alcohol or drugs to a degree that poses a risk to themselves or others;
c. Engaging in any activity that creates an immediate risk to health, safety or property; or
d. Failing to comply with the reasonable instructions of the Council’s staff.
6.4 The Hirer shall not use the Facility for any activity that is, or is reasonably likely to be perceived as, harmful to the reputation of the Council or contrary to its obligations as a public body. The Hirer shall not conduct, permit or facilitate any activity, speech, performance or display that is likely to cause, inflame or contribute to community tensions. The Council may terminate the Contract with immediate effect if it reasonable considers that the Event is causing or is likely to cause reputational harm to the Council or community tensions in the surrounding area.
6.5 The Hirer is solely responsible for the behaviour and conduct of all persons attending the Event, including guests, performers, contractors, volunteers and any other persons present at the Facility during the Hire Period. The Council shall not be responsible for the conduct of any person attending the Event.
6.6 The Hirer shall ensure that any flag, emblem or symbol displayed in connection with the Event is displayed lawfully, is not displayed in a manner likely to stir up hatred or cause alarm, harassment or distress to any person, and is not displayed in a context that is inconsistent with the Council’s duty to promote equality and good relations pursuant to Article 75 of the Northern Ireland Act 1998. All flags, emblems and symbols brought onto the Facility by the Hirer must be removed by the end of the Hire Period. Any items not removed may be disposed of by the Council without liability.
6.7 The Hirer shall ensure that all persons attending the Event comply with the Council’s car park rules and signage displayed at the Facility. Emergency access and egress routes must remain unobstructed at all times. The Council accepts no responsibility for any loss of, or damage to, vehicles or their contents, or for theft occurring in or around the car park during the Hire Period, and attendees park entirely at their own risk.
7. USE OF FACILITIES FOR POLITICAL PURPOSES
The Hirer agrees and undertakes that they shall:
7.1 Acknowledge that the Council may permit bookings for political purposes on a fair, lawful and non-discriminatory basis, and that access is open to both registered and non-registered political groups, in accordance with the Council’s statutory duties (Clause 3 – Governance, Compliance & Conduct).
7.2 Comply with the restriction of no more than two (2) bookings per calendar month across all Council facilities.
7.3 Complete all required documentation, including the Booking Form (Clause 2), acceptance of these Terms and Conditions, and a signed Self-Declaration, confirming that they meet the Council’s fit and proper person requirement (Clause 3).
7.4 Ensure that the Event:
- Is conducted in accordance with Clause 6 (Use of Facilities);
- Complies with all legal, equality, and safeguarding obligations (Clause 3);
- Does not cause reputational damage to the Council; and
- Does not incite hatred, discrimination, or community tension.
7.5 Ensure that any flags, emblems, or political materials are displayed lawfully and in accordance with Clause 6 (Use of Facilities) and the Council’s equality duties.
7.6 Acknowledge that all political bookings are charged at the Standard Room Rate and are not eligible for concessionary rates (Clause 4 – Payment Terms & Charges).
7.7 Acknowledge that proscribed organisations are prohibited from hiring or using Council facilities.
8. USE OF UNSTAFFED FACILITIES
8.1 Where self-access is provided, the Hirer is responsible for all keys, codes, and security of the Facility. A refundable deposit, to be agreed with the Counsel in writing, may be required and may be retained in part or full to cover loss, damage, or breach of conditions. Keys must be returned and facilities secured at the end of the Hire Period.
8.2 Access to certain Facilities may be provided via key collection or issue of a lockbox code or access code.
8.3 The Hirer agrees and undertakes that they shall:
a) Only use the Facility during the approved Hire Period and strictly for the purpose stated in the Booking Form;
b) Not share, distribute, or disclose any key, code, or access details to any third party without prior written consent from the Council;
c) Ensure that all access points, doors, windows, and security systems are properly secured upon leaving the Facility;
d) Where keys or access codes are issued, the Hirer shall take full responsibility for their safekeeping and proper use; ensure that keys are not duplicated, copied, or transferred, and that lockbox codes are not altered or reused beyond the agreed Hire Period;
e) return all issued keys in accordance with Council instructions immediately following the Hire Period; and
f) report any loss, theft, compromise, or misuse of keys or access codes to the Council without delay.
8.4 The Council may require payment of a refundable security deposit prior to the booking.
8.5 The deposit is held as security against:
a) Damage to the Facility or equipment;
b) Failure to secure the premises;
c) Loss or non-return of keys;
d) Additional cleaning or staffing costs; or
e) Breach of these General Terms and Conditions of Hire.
8.6 The deposit shall be refunded within a reasonable period following the event, subject to inspection of the Facility and confirmation that no breaches, damages, or additional costs have been incurred.
8.7 The Council reserves the right to retain all or part of the deposit to cover any losses or costs arising from the Hirer’s use of the Facility.
8.8 The Hirer shall be fully responsible for the Facility during the Hire Period, including:
a) The conduct of all attendees;
b) Security of the building; and
c) Any incidents, damage, or loss occurring during the period of access.
8.9 The Hirer shall ensure that:
a) The Facility is left in a clean, safe, and secure condition;
b) All equipment is switched off;
c) Lights, heating, and alarms (where applicable) are appropriately managed.
8.10 The Council reserves the right to:
a) Refuse or restrict access arrangements based on the nature or risk of the booking;
b) Require additional controls, supervision, or staffing in place of self-access;
c) Change lockbox codes or access arrangements without notice where necessary for security reasons; and
d) Recover all costs associated with lost keys, lock changes, or security breaches from the Hirer.
9. HEALTH & SAFETY
9.1 The Hirer agrees and undertakes to comply with the Council’s health and safety policies and procedures, as communicated by the Council’s staff, and all applicable health and safety legislation.
9.2 The Hirer agrees and undertakes to comply with all fire safety instructions, and shall:
a. Ensure that fire exits remain unobstructed at all times;
b. Familiarise all persons present with the location of fire exits, fire extinguishers and fire assembly points;
c. Not block or restrict any fire escape route, fire door or exit;
d. Not bring onto the Facility any material or substance that creates an unreasonable fire risk;
e. Not move, remove or tamper with fire safety equipment;
f. Ensure that all electrical equipment is PAT-tested prior to use;
g. Not use any hazardous or special effects equipment without the Council’s prior written approval;
h. Ensure that an attendance register is maintained for all participants;
i. Ensure that first aid is only administered by qualified personnel; and
j. Comply with any instructions given by the Council’s staff or by the Northern Ireland Fire and Rescue Service.
9.3 In the event of a fire alarm activation, the Hirer shall ensure that all persons present immediately evacuate the Facility and proceed to the designated assembly point.
9.4 Any unsafe or abusive behaviour from the Hirer or Hirer Invitees will result in removal from the Facility.
10. ALCOHOL, SMOKING & SUBSTANCES
10.1 The Hirer agrees and undertakes that they shall:
a. Ensure that alcohol may only be consumed and/or sold with a valid permission to consume/sale licence, to be obtained by the Hirer in accordance with clause 11;
b. Ensure that smoking and vaping does not take place inside the Facility;
c. Ensure that no illegal substances are available, provided or in use at the Event.
10.2Any breach of clause 9.1 by the Hirer will result in an immediate termination of the Contract by the Council.
11. EQUIPMENT & TECHNICAL SUPPORT
11.1 Any equipment owned or managed by the Council that the Hirer wishes to use in connection with the Event must be requested at the time of submitting the Booking Form or, where a subsequent requirement arises, in writing no later than 5 Business Days before the commencement of the Hire Period. The Council shall not be obliged to make equipment available that has not been pre-booked in accordance with this clause 10.
11.2 The availability of equipment is not guaranteed and is subject to an additional Hire Charge. Any such charges shall be payable in accordance with clause 4 and shall form part of the sums due under this Contract.
11.3 Technical equipment owned or managed by the Council, including (without limitation), audio-visual systems, projection equipment, lighting rigs, mixing desks, microphones and public address systems, shall be operated only by persons expressly authorised to do so by the Council.
11.4 Where the Event requires sound amplification or lighting, the Hirer must use the Council’s technicians. External engineers or technicians may not operate the Council’s technical infrastructure without prior written consent.
11.5 All equipment must be returned clean and undamaged by the end of the Hire Period. The Hirer shall be liable for the cost of cleaning, repair or replacement of any equipment that is damaged or lost during the Hire Period.
11.6 All electrical equipment brought onto the Facility by the Hirer must hold a current portable appliance test (PAT) certificate. The Council excludes all liability for any loss or damage to external equipment during the Hire Period.
12. LICENCES & COPYRIGHT
12.1 The Hirer agrees and undertakes that they shall be solely responsible for obtaining all statutory licences required for the Event. The Council’s role is limited to granting or withholding permission for use of its premises without limitation:
a. Permission to consume licence
b. Permission to sell licence
c. Child performance licence
d. Any licence or consent required under the Copyright, Designs and Patents Act 1988 for public performance of music or other copyright works (including appropriate licences from PPL, PRS for Music or their successors)
12.2 The Hirer agrees and undertakes to provide the Council with copies of all required licences and permits before the commencement of the Hire Period.
12.3 The Hirer agrees and undertakes to comply with the following obligations in relation to each of the licences listed in clause 11.1:
12.3.1 Permission to consume licence and permission to sell licence
a) Acknowledge that no intoxicating liquor may be sold on the premises without prior written approval from the Council;
b) Submit a written request to the Council at least one calendar month in advance where the sale of alcohol is proposed;
c) Obtain all required statutory licences and approvals for the sale of alcohol (e.g. occasional licence, court approval), prior to the event;
d) Provide evidence of all relevant licences and permissions to the Council upon request.
e) Ensure that all alcohol sales are conducted in accordance with licensing legislation, including responsible service and the use of appropriately qualified personnel where required;
f) Comply with any additional conditions set by the Council following review of the booking and risk assessment;
g) Ensure that the sale and consumption of alcohol is restricted to the agreed hired area only;
h) Comply with Facility curfews:
i. Community Facilities: Alcohol-related activity must cease by 9:00 PM
ii. Town Halls: Alcohol-related activity must cease by 12:00 PM midnight
i) Accept full responsibility for all licensing compliance, including any offences, penalties, or enforcement actions arising from the event.
12.3.2 Child performance licence
a) Comply with all legal requirements relating to child performance licensing as administered by the Children in Entertainment and Employment Team (CEET).
b) Acknowledge that a child performance licence may be required where children are involved in activities including, but not limited to:
i. Theatre performances
ii. Dance shows
iii. Filming or photography
iv. Festivals or public events
c) Accept full legal responsibility for ensuring that any required child performance licences are obtained and in place prior to the event. This responsibility rests solely with the Hirer and/or event organiser, and not with the Council.
d) Confirm at the time of booking whether children will be participating in licensable activities and provide evidence of any required licences upon request.
12.3.3 Licences for public performance of music or other copyright works
a) Accurately declare the nature of their booking and comply with all applicable licensing, legal, and operational requirements as set out below.
b) Classify licence use cases and comply in accordance with the Council’s classification of use:
i. Community / Non-Commercial Use - This includes playgroups, local community organisations, or activities delivered free of charge with no income generation. Where applicable, such use may be covered by the Council’s licence, and a £2.50 per session charge shall apply.
ii. Commercial / Income-Generating Use - This includes, but is not limited to, fitness classes, ticketed events, paid entry activities, or any use operated as a business or generating income. Such use is not covered by the Council’s licence, and the Hirer shall be responsible for obtaining all required licences and permissions prior to the event.
iii. Private Functions - This includes private, invitation-only events such as weddings, birthday parties, or similar functions where no tickets are sold and no income is generated. These events are generally exempt from licensing requirements; however, the Hirer must provide full details of the event and obtain confirmation from the Council where required.
c) Comply with all applicable copyright and licensing laws relating to the public performance or playing of music, whether live or recorded.
d) Acknowledge that the use of music in public settings (including exercise classes, performances, events, and background music) typically requires an appropriate licence (e.g. PPL, PRS etc.).
e) Declare in advance whether music will be used as part of the hire.
f) Recognise that the Council may hold a licence covering certain community or non-commercial uses as referenced in clause13.3.3b); however, this does not extend to commercial or income-generating activities.
g) Where the Council’s licence applies, agree to the application of a £2.50 per session charge to recover associated licensing costs.
h) Where the Council’s licence does not apply, obtain all necessary licences independently and provide evidence upon request.
12.4 The Council reserves the right to refuse permission, require additional controls, or cancel bookings where licensing requirements are not satisfied or risks are identified.
12.5 The Council’s responsibility is limited to requesting confirmation of compliance at the booking stage.
12.6 Any failure to obtain required licences or permits may result in cancellation in accordance with clause 5.
13. LIABILITY & INSURANCE
13.1 Nothing in the Contract limits or excludes:
a. liability for death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
b. liability for fraud or fraudulent misrepresentation;
c. any liability that cannot legally be limited; and
d. the Hirer's payment obligations under the Contract.
13.2 Subject to clause 12.1, the Council’s total liability to the Hirer under or in connection with the Contract (whether in contract, tort including negligence, breach of statutory duty or otherwise) shall not exceed the total Hire Charges paid by the Hirer under the Contract.
13.3 Subject to clause 12.1, the Council shall not be liable for any loss of profits (including loss of anticipated savings), loss of sales or business, loss of agreements or contract, loss of use or corruption of data or information, loss of or damage to goodwill or indirect or consequential loss.
13.4 The Hirer shall indemnify and hold harmless the Council, its officers, employees and agents from and against all claims, actions, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
13.4.1 The Hirer’s use of the Facility;
13.4.2 Any breach of these Terms and Conditions by the Hirer;
13.4.3 Any negligent act or wilful act or omission of the Hirer or any person attending the Event; and
13.4.4 Any failure by the Hirer to comply with all applicable laws, regulations or licences.
13.5 The Hirer shall be responsible for any loss of, or damage to, the Facility (including fixtures, fittings, equipment and any property belonging to the Council) caused by the Hirer, the Hirer’s employees, agents, contractors, performers, guests or any other persons present during the Hire Period. The Hirer shall pay to the Council on demand the full cost of making good any such loss or damage and must report any damage or breakage to any of the Council’s staff before vacating the Facility.
13.6 The Hirer agrees and undertakes to:
13.6.1 Maintain appropriate public liability insurance in respect of the Event where required based on the nature of the activity, associated risks, and frequency of use.
13.6.2 Ensure that insurance cover reflects the level of risk associated with the booking, including:
i. Low Hazard Activities: typically, £1 million – £2.5 million
ii. Medium Hazard Activities: typically, £5 million
iii. High Hazard Activities: minimum £10 million or higher where appropriate
13.6.3 Provide valid evidence of insurance cover to the Council prior to the commencement of the Hire Period where requested.
13.6.4 Acknowledge that regular users (more than three (3) bookings within a twelve (12) month period), and all medium and high hazard activities, shall be required to hold their own insurance.
13.6.5 Accept that insurance is mandatory for all commercial, income-generating, or higher-risk activities, including (but not limited to) events involving physical activity, catering, alcohol, or large attendance.
13.6.6 Acknowledge that eligibility for Concessionary Rates is dependent upon holding valid public liability insurance, and failure to provide evidence will result in ineligibility for concession rates.
14. DATA PROTECTION
Each party shall, at its own expense, comply with and assist the other party to comply with, the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), the retained EU law version of General Data Protection Regulation ((EU) 2016/679), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party
14. General
14.1 Assignment. The Hirer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the Council's prior written consent (such consent not to be unreasonably withheld or delayed). The Council may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
14.2 Entire agreement. The Contract, and any documents referred within it, constitutes the entire agreement between the parties. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
14.3 Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14.4 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the future exercise of that or any other right or remedy.
14.5 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part-provision of the Contract is deemed deleted, the parties shall negotiate in good faith to agree a replacement that, to the greatest extent possible, achieves the intended commercial result of the original provision.
14.6 Notices. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or
b) sent by email to the addresses specified by each party.
Any notice shall be deemed to have been received:
c) if delivered by hand, at the time the notice is left at the proper address; or
d) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
e) if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
This clause 14.6 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
14.7 Third party rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
14.8 Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Northern Ireland.
14.9 Jurisdiction. Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
15. Acceptance of Terms
By ticking “I Agree”, the Hirer confirms they have read, understood, and agree to all conditions outlined above and accept full responsibility for compliance.