Conditions of Hire

For Events on Parks and

Public Open Spaces

Neighbourhoods 5th Floor

Celtic House

Friary Street

DERBY

DE1 1NL

Tel: 01332 641548/641235

CONTENTS

BASIC CONDITIONS Page No

1.  Application Procedure ...... / 5
2.  Cancellation/Refusal by the Council ...... / 5
3.  Cancellation by the Hirer ...... / 5
4.  The Hirer’s Responsibility ...... / 6
5.  Cost of Facilities ...... / 6
6.  Payments ...... / 6
7.  Insurance and risk assessments ...... / 7
8.  Licensing ...... / 7
9.  Cathedral Green ...... / 8


SALE OF GOODS

10 Stalls ...... / 8
11 Car Boot Sales ...... / 9


CATERING

12 Food and Refreshments ...... / 9
13 Sale of Alcohol ...... / 9


HEALTH, SAFETY AND WELFARE PROVISION

14 Stewards ...... / 10
15 Medical Facilities ...... / 10
16 Fire Safety ...... / 11
17 Car Parking/Traffic Management ...... / 11
18 Lighting the event after dark ...... / 12
19 Toilet Facilities ...... / 12
20 Portable Toilets ...... / 12
21 Noise ...... / 13
22 Stages, Towers, Temporary Seating, Structures and Electrical Installations / 13
23 Marquees and Tented Structures ...... / 13
24 Collection and Removal of Litter ...... / 13

MISCELLANEOUS

25 Public Access to the Park ...... . 14 / 13
26 Advertising on Council land/Property ...... 14
27 Extreme weather conditions...... 14

28 Barbeques at events ...... 14

29. Facilities for disabled people at outdoor events. ...... 15
LARGE EVENTS

30 Event Plan ...... / 16
31 Emergency Plan ...... / 16
32 Staff ...... / 16
33 Event Safety Control ...... / 16
34 Communication ...... / 17
35 Public Address ...... / 17
36 Pre-Event Inspection ...... / 18
37 Emergency Situations ...... / 18
38 Emergency Vehicle Rendezvous Point/Emergency Access ...... / 18
APPENDIX 1
APPENDIX 2
APPENDIX 3 / Publications for Further Information and Guidance ...... 19
List of Contacts ...... 20
Exclusive Catering Rights ...... 21


BASIC CONDITIONS

1 / Application Procedure
1.1 /
If you wish to hold an event on a Park or Public Open Space, please complete and return an application form to Derby City Council, Neighbourhoods, 5th Floor, Celtic House, Friary Street, Derby, DE1 1NL. Contact us on (01332) 641548 / 641235, email: if you have any queries or would like more information.
1.2 / Answer all relevant questions on the application form or your application could be delayed. Please write neatly in black ink.
1.3 / When we receive your application we will send an acknowledgement to you together with a copy of your application for your records. If there is any change to the information on your original application you must inform us immediately in writing. If you do not notify us of any changes permission for the event may be withdrawn.
1.4 / When a decision has been made on your application we will inform you in writing.
1.5 / If permission is given for your event to take place you must comply with these Conditions together with any additional conditions or instructions.
1.6 / We forward details of large events to the Emergency Planning Committee for their comments about Health and Safety and Emergency Planning, you must comply with any instructions issued by this committee.
2 / Cancellation Or Refusal By The Council
2.1 / The Council reserves the right to refuse any application or cancel any booking. The Council also reserves the right to stop an event taking place if conditions are not met. The Council will not be liable for any costs incurred by the hirer as a result of a refusal or a cancellation. Any money paid to the Council will be refunded to the hirer less any costs.
3 / Cancellation By The Hirer
3.1 / If the hirer cancels an event any money paid to the Council will be refunded less any costs.
4 / The Hirer’s Responsibility
4.1 / It is the hirer’s responsibility to:
·  be present at the park at all times while the event is taking place
·  make sure you comply with all relevant conditions, byelaws and statutory laws
·  liaise with the Emergency Services relating to the event. See list of contacts in Appendix 3 on Page 20
·  make sure that the event is as safe as possible
·  make sure that the event starts and finishes at the specified time
·  make sure you comply with any instructions given by Council officers, or Emergency Services
·  make sure that the event does not disrupt other park users or the public
·  inform staff working at the event of all hire conditions, particularly Health and Safety and Emergency Procedures.
5 / Cost Of Facilities
5.1 / The council does not normally charge for the use of parks and public open spaces if the event is for charity or fund raising. If the event is of a commercial nature, we will advise the hirer of the hire charge after we receive their application.
5.2 / The hirer may be required to pay a Reinstatement Deposit before the event. We will refund this deposit after the event, less the cost of any clearing up or reinstatement work necessary.
5.3 / The Council will charge for sports facilities and equipment unless otherwise agreed.
5.4 / Any costs the Council incurs as a result of an event will be passed on to the hirer.
6 / Payments
6.1 / You must send all payments relating to an event to Neighbourhoods at least three weeks before the event date, unless other arrangements have been made.
6.2 / Make cheques payable to ‘Derby City Council’.
7 / Insurance and risk assessments
7.1 / The hirer shall indemnify the Council against all actions, proceedings and claims made against the Council in respect of any loss, damage or injury sustained by any person as a result of the event unless it is proved that the Council was negligent.
7.2 / The hirer shall provide a minimum of £5 million Public Liability Insurance Cover. However, we recommend £10 million cover.
7.3 / The hirer must provide evidence of Public Liability Insurance covering the event to Neighbourhoods at least three weeks before the event date.
7.4
7.5 / The hirer must ensure that all organisations and or individuals participating in an event have sufficient Public Liability Insurance cover.
Risk assessments must be undertook for all events and sent in a
Minimum of 1 month prior to the event taking place.
8 / Licensing
8.1
8.2
8.3
8.4
8.5 / Temporary Events Notices (TEN) are used where regulated entertainment and/or sales of alcohol are being offered at any venue that does not hold a premises licence under the Licensing Act 2003 or where the premises do hold a premises licence but wish to offer further entertainment or extended hours on a temporary basis. Any event which includes sales of alcohol will require a TEN.
The licensable activities are the sale by retail of alcohol, the supply
of alcohol by or on behalf of a club to, or to the order of, a member of a
club, the provision of regulated entertainment and the provision of late
night refreshment.
Regulated entertainment, subject to specified conditions and
exemptions includes, a performance or play, an exhibition of a film,
an indoor sporting event, a boxing or wrestling entertainment,
a performance of live music, and playing of recorded music, a
performance of dance, or entertainment of a similar description.
Regulated entertainment also includes the provision of “entertainment
facilities” for making music, dancing and entertainment of a similar
description.
If you are uncertain whether or not the activities that you propose are
Licensable you should contact the Licensing Team on 01332 641965.
9 / Cathedral Green
9.1 / The public open space will only be hired for those events which are unlikely to cause disturbance to neighbouring residents and other noise sensitive property. This matter will be under review in the event of complaints about any event/type of event.
9.2 / Noise from the public open space must not unreasonably disturb other people.
9.3 / The volume of amplified music within the public open space should be played at a level that is appropriate to the time of day and having regard to the distance of the open space from dwellings or other noise sensitive premises.
9.4 / A nominated representative by the event organiser should receive and respond to complaints of noise throughout the duration of all entertainment.
9.5
9.6
9.7 / A nominated representative should monitor noise levels outside nearby dwellings during entertainment involving amplified music or speech. If, as a result of this monitoring, it is considered that the noise levels are excessive, immediate action should be taken to cause the volume of the entertainment to be reduced to suitable levels. Attention is drawn in particular to the effect of the low frequency bass notes which readily pass through doors and windows and is often the principal reason for people complaining of entertainment noise. After 20:00 hours the event organiser should aim to ensure that noise from entrainment is not audible outside any dwelling in the vicinity. A record of these checks and of any action taken as a result shall be maintained in a log book kept specifically for the purpose. The log book shall be made available for inspection by an authorised officer of the licensing authority on request.
Bell ringing practice takes place at Derby Cathedral on Tuesdays and Fridays. For further details on times please contact the Master of the Bells . You must ensure that your event does not clash with these times and days.
Upon your event being confirmed by Parks Management you will need to inform surrounding residents, businesses and the Silk Mill Museum.
SALE OF GOODS
10 / Stalls
10.1 / No licence is required for charity stalls. However, the hirer must obtain an Out of Market Sales Licence from the Council’s Markets Section Telephone Derby 255519 if there are to be more than five commercial stalls, including food/drink stalls, at the event.
11 / Car Boot Sales
11.1 / The hirer must obtain a licence from the Council’s Markets Section Telephone Derby 255519 if there is to be a charity Car Boot sale at the event. Commercial Car Boot Sales are not allowed within the city.

11.2  Sale of guns, weapons and replica weapons

The sale and display of guns, weapons and replica weapons including marshall art weaponary and crossbows is prohibited.

The sale of knives, including hunting knives but not small folding penknives or domestic kitchen knives is prohibited.

CATERING
12 / Food And Refreshments
12.1 / Exclusive catering rights have been awarded on certain parks. If the hirer wishes to arrange additional catering facilities on any of these parks, then they must get permission from the concession holder. A list of parks and concession holders are in Appendix 3 on page 20.
12.2 / The organiser must send details of all food outlets to the Environmental Services Division, Derby City Council, Celtic House, Heritage Gate, Derby at least four weeks before the event.
12.3 / All food outlets must comply with current food safety and occupational health and safety legislation. Details are in the Mobile Catering Units information pack available from the Council’s Environmental Services Division. Please contact Derby 641949 to obtain a copy.
12.4 / The food outlets may be inspected on the day of the event by officers from the Environmental Services Division to check compliance with the required standards.
12.5 / The hirer must make sure that anyone selling food/drink from vehicles at the event holds a current Annual Street Trading Licence. Please contact the Council’s Markets Section on Derby 255519 about this.
12.6 / All drinks must be supplied in cans, plastic containers or similar. Glass or ceramic containers and bottles must not be used or sold.
13 / Sale Of Alcohol
13.1 / Any event which includes sales of alcohol will require a Temporary Events Notice (TEN). Each TEN costs £21.00 and you must apply for this a minimum of 10 working days to the Local Authority and the Police.
13.2 / When you get the Council’s permission you can then apply to The Licensing Team, Environmental Health and Trading Standards, Derby City Council, Celtic House, Heritage Gate, Friary Street, Derby, DE1 1QX.
13.3 / The bar must only open within the times agreed with the Council/Licensing.
13.4 / All drinks must be served in cans or plastic containers or similar. Glass containers and bottles must not be used or sold.
HEALTH, SAFETY AND WELFARE PROVISION
14 / Stewards
14.1 / The hirer must arrange for an adequate number of stewards at the event. Stewards must be competent and be able to carry out their assigned duties effectively.
14.2 / The hirer must state the number of stewards and details of their assigned duties on the application form. The Council or Emergency Planning committee may ask you to increase the number of stewards and you must comply with this.
14.3 / The hirer must brief all stewards, First Aiders and Emergency Services Staff on the day of the event before people arrive on Health, Safety and Emergency Procedures, the Event Plan and the Emergency Plan, if applicable.
14.4 / Stewards must:
·  be aged at least 18
·  wear high visibility coats/waistcoats