Newbury & District Agricultural Society
NEWBURY & DISTRICT AGRICULTURAL SOCIETY
(“THE SOCIETY”)
NEWBURY SHOWGROUND
TERMS & CONDITIONS OF HIRE FOR 2015
Definitions and Interpretations
Application Form: the form to be used to express an interest in hiring an area or areas of the Showground.
Security Deposit: either £500 + VAT or half the total hire fee + VAT (whichever shall be the higher amount).
Event: means the event for which the Hirer is to hire the Venue as specified in the Hire Agreement.
Event Requirements: means those details contained in the Hire Agreement.
Health and Safety Management Plan: means the plan agreed by the Hirer and attached to the Hire Agreement.
Hire Agreement: means the Hire Agreement between the Society and the Hirer.
Hire Charge: means the detailed quote in the Hire Agreement.
Hirer: means the person who signs the Hire Agreement. If the Hirer is part of a company, society or other organization that organization shall also be considered to be the Hirer and shall be jointly and severally liable with the person who signs the Hire Agreement.
Licensing Conditions: means the conditions contained within the Premises Licence issued by West Berkshire District Council.
Period of Hire: means the dates and times agreed in the Hire Agreement to include the Event and any required preparation and clean up time.
The Society: means the Newbury & District Agricultural Society.
Venue: means the part(s) of the Showground to be hired by the Hirer as detailed in the Hire Agreement.
Terms & Conditions of Hire 2015
1Booking
All applications for the hire of the Showground shall be made in writing by completing the Society’s Application Form and sending it to the Society at their place of business which is Newbury Showground, Priors Court Road, Hermitage, Newbury, Berkshire RG18 9QZ. The Society may in absolute discretion accept or reject any application. The person who signs the Application Form shall be either the Hirer or an authorised signatory to sign on the Hirer’s behalf. On receipt of the Application Form the Society will discuss the proposed event with the Hirer and the, if appropriate, a Hire Agreement will be drawn up.
2Payment, Deposit & Cancellation
2.150% of the hire fee shall be paid on submission of the Application. The balance is due at least one month before the date of hire and will be invoiced.
2.2At the Society’s discretion a security deposit of either £500 + VAT or half the total hire fee + VAT (whichever shall be the higher amount) will be required and shall be paid with the balance of the hire fee. This amount will be refunded to the Hirer after deduction of any expense incurred by the Society arising out of the failure of the Hirer to comply with these Terms & Conditions.
2.3If the Hirer cancels the reservation giving at least 3 months written notice then any monies held by the Society will be refunded less a deduction to cover any administration expenses incurred.
2.4If the Hirer cancels giving less than 3 months notice of cancellation then no refund will be made and the balance of the hire fee will be due and payable. If an alternative booking can be arranged then the Society may, at their discretion, forego this requirement.
3Responsibilities of the Hirer
The Hirer will be responsible for:
3.1 The appointment of a competent person (name to be given on the booking form) to ensure that all Health and Safety legislation rules and regulations are complied with during the setting up, running and dismantling of the event. This person is to be present throughout the period that the public is admitted to the event and at all other times that people are working on the site in connection with the event.
3.2The conduct of all persons attending the Showground.
3.3Ensuring that activities are confined to the areas and buildings hired for the event.
3.4Ensuring that the Showground is used solely for the purpose(s) specified on the Application Form.
3.5Any damage however caused except for fair wear and tear.
3.6The considerate use of vehicles (including fork-lifts) for the build-up and break-down of the event to minimise damage to the Showground.
3.7Ensuring that the Showground is left clean and tidy with litter removed to a central point for disposal. The Hirer shall arrange for the hiring and emptying of a suitable lidded refuse skip. Any additional work required to be carried out by the Society during the event setup, opening and breakdown will be chargeable to the Hirer and (where applicable) deducted from the deposit paid. In particular Hirers that allow dogs onto the Showground must ensure that any resultant mess is hygienically cleared away prior to the end of the period of hire. The Society may, if necessary, arrange a litter pick of the showground after the event; this will be chargeable to the Hirer.
3.8The removal of any vehicles or other items from the Showground prior to the end of the period of hire. A charge will be made for non-compliance with this condition.
3.9The proper use of services provided in accordance with these Terms & Conditions.
3.10Supervision of vehicular and pedestrian access to the Showground in accordance with a traffic management plan which should be submitted at least four weeks prior to the event to the Society. The Hirer is responsible for supervising vehicle parking within the Showground so that vehicle parking is at all times controlled and orderly within areas designated by Society Officials. In wet weather particular care must be taken to ensure that grassed areas are not damaged. Any damage caused will need to be rectified and will be charged for.
3.11With the exception of licensable activities that are covered by the Showground’s Premises Licence (see Section 4 below), obtaining of all necessary licences from the local or other authority in respect of the function to be held at the Showground. This includes the obtaining of approval for the erection of marquees and/or tented structures as may be covered by the West Berkshire District Council temporary structure byelaws. Please note these byelaws require at least 21 days advance notice be given to the Council.
3.12Complying with any special requirements issued by the Society relating to any particular parts of the Showground or any particular function being carried on by the Hirer. The Hirer must seek prior written consent before using any of the permanent rings. Please note that West Berkshire District Council has imposed a permanent ban on the use of helicopters for pleasure flights.
3.13The Hirer must ensure that any caterer employed by him/them complies in all respects with the provision of these Terms & Conditions, and is approved by the Society.
3.14The Hirer must ensure that any contractor employed by him/them complies in all respects with the provision of these Terms & Conditions, and is approved by the Society.
3.15The provision of adequate insurance cover provided in accordance with these Terms & Conditions.
3.16Ensuring that no-one accesses the 4 Wheel Drive Course during the period of hire unless this has been given specific prior written approval.
3.17Ensuring that fireworks are not set off before 9am or after 10 pm.
3.18The Hirer will ensure that any public address system or musical entertainment will not cause a nuisance to residents in surrounding villages.
3.19Ensure that any tent peg or other such item does not pierce underground power cables or water pipes. A services map is available on request. Any damage will be paid for by the hirer.
4 Newbury Showground Premises Licence
4.1The Premises Licence issued by West Berkshire District Council regulates the licensable activities that may take place on the Showground - it covers the performance of live music, the playing of recorded music, the performance of dance, late night refreshment and the supply of alcohol. A copy of the Licence will be made available to the Hirer if requested. The Hirer shall fully comply with the Licensing conditions unless a variation is approved by the Society and a Temporary Event Notice is obtained from West Berkshire District Council by the Hirer.
4.2Hirers wishing to engage in licensable activities are to apply to the Society for permission to undertake any such activities that are covered by the Showground’s Premises Licence, and if permission is granted an administrative charge will be payable to the Society. The Hirer will be expected to sign a document accepting their responsibilities under the licence.
4.3Hirers wishing to supply or sell alcohol are to provide to the Society the name of the Personal Licence Holder who will act on the Hirer’s behalf together with a copy of the nominated person’s Personal Licence and a written proposal regarding the plan for the sale of alcohol – written approval to the request will be given by the Society to the Hirer as appropriate.
4.4The Hirer shall immediately cease any entertainment, activity or gathering that does not meet the requirements of the Premises Licence if requested to do so by the Society.
4.5Failure to comply with the Licensing conditions may lead to the Society cancelling the Event without notice. The Hirer will remain liable for 100% of the Hire Charge.
5Services
5.1Water is supplied to the site and metered. The Hirer will be required to use the water supply provided by the Society together with the services of the Society’s approved plumbing contractor and an additional payment (equating to the current rates charged by Thames Water plus an admin fee) will become due in accordance with meter readings taken before and after the event. Water usage will be charged at a cost of £1.50 per cubic metre.
5.2Electricity - There is a very limited mains electricity supply and the Hirer must make their own arrangements for any electricity supply required in consultation with the Society’s electrical contractors, however any power used by the Hirer will be charged at current rates plus an admin fee. Electricity will be charged at 0.15p per unit. Where mains electricity is not available, generators may be used by the Hirer with the approval of the Society.
5.3Toilet blocks are available on the site for hire. A charge will be levied for consumables used and post event cleaning. Additional toilets may be hired in by the Hirer.
5.4Ground Staff & Additional Services - Any requests for the ground staff to undertake work should be made to the Society prior to the event. Quotes for additional services for event setup (e.g. use of Forklift, provision of picnic tables etc and any event set up or breakdown) can be provided by the Society on request, this will of course attract a fee arranged between the Society and Hirer.
6Insurance
6.1The Hirer shall be solely responsible for all or any injuries, illness, loss or damage to any persons or property arising out of the hiring and the signature on the Application Form shall constitute an indemnity from the Hirer to the Society in respect of all costs, expenses and other liabilities arising out of any of these matters.
6.2The Hirer must provide evidence of insurance. The Society requires the Hirer to have a minimum level of public liability (£5 million) or higher or such other sum as the Hirer considers appropriate - the amount of such minimum level will vary from time to time dependent on the type of event for which the Showground is being hired. The insurance policy must include an indemnity to the Society as owners of the Showground.
6.3The Hirer will indemnify the Society fully against the cost of repair of any damage caused in any way in connection with the installation, conduct or removal of the attraction to the buildings, roads, paths, gardens, grassland, drains, gas mains and pipes, water mains and pipes, electricity cables, conduits or any other property whatsoever whether situate within or without the hired premises.
7Advertisements
7.1No signs or advertisements may be displayed on or adjacent to the Showground without the prior written consent of the Society. It is the Hirer’s responsibility to ensure that any signs or advertisements comply with the terms of the Town and Country Planning (Control of Advertisements) Regulations.
7.2All external signs (including fly-posters) must be removed within one day of the event. Failure to comply with this requirement may result in a fine being imposed by the Society of £250, this will be at the discretion of the Society.
8Responsibility of the Society
8.1The Society will be responsible for the opening of such entrances and gates to the Showground as have been agreed with the Hirer at the commencement of the period of hire. The Hirer shall assume responsibility for the area hired until the end of the period of hire and must ensure that the gates are manned throughout their period of occupation. The Society will be responsible for closing the entrances and gates at the time agreed with the Hirer. The Hirer may incur additional costs if the time agreed is exceeded.
8.2The Society will arrange for the Showground to be made available to the Hirer in as clean and tidy a condition as possible. Where appropriate, the toilet blocks will have been cleaned before the event and the waste containers, septic tanks and cesspits emptied. Where there has been another event on the Showground immediately prior to the next hiring it may not always be possible for these aspects to be actioned prior to the next hiring commencing. In these circumstances the Society will ensure that the Hirer is made aware of the situation and alternative arrangements will be made where possible.
8.3A Society official will meet with the Hirer on site prior to the commencement of the hire period to identify any areas of likely hindrance to either party.
No Warranty is given as to the fitness of the Showground for any specific use or purpose.
9Security
9.1The Hirer shall be responsible for all people entering the site and the maximum number of people attending, where indicated, shall not be exceeded. The Hirer shall be responsible for the security of the Venue and all buildings included in the Hire Agreement during the period of hire.
9.2The Society reserves the right to use the security deposit to pay for the engagement of stewards or security guards if the Society deems it necessary to preserve order prior to, during or after the period of hire.
9.3Where the proposed event requires a security presence as per the Event Management Plan then this needs to be discussed in detail with the Society before any contractor is appointed by the Hirer.
10Use of the Showground
10.1The Hirer shall ensure that there is a named and contactable person at the Showground at all times during the Hire period.
10.2The Hire Agreement provides the Hirer with the use of the Venue only in accordance with Schedule 1 of the Hire Agreement. If the Hirer does not require exclusive use of the whole Showground and if space allows, the Showground may be shared with another Hirer.
10.3The Hire Agreement does not entitle the Hirer to use or enter the Venue or the Showground at any time other than during the period of Hire, other than by further agreement between the Society and the Hirer.
10.4The Hire Agreement is personal to the Hirer and shall not be assigned, sub-licensed or disposed of in any way without the prior written consent of the Society.
10.5The Hirer shall ensure that no bolts, nails, tacks, screws, bits, pins or other objects shall be driven into any part of the Venue of Showground without prior written consent of the Society.
10.6The Hirer shall only use contractors from the list of preferred contractors available from the Society’s office or in the case of using own contractors only by prior arrangement with the Society.
10.7Smoking is strictly prohibited in any structure or building.
11The Society’s Rights
11.1The Society reserves the right to cancel any event if ground conditions are not suitable for the proposed event. In these circumstances 50% of the hire fee will be refunded but the Society shall be under no other obligation whatsoever to compensate the Hirer for cancellation of the event or any other costs incurred by the Hirer.
11.2A nominated Official of the Society may attend each event and shall have the right at all times to insist on noise levels being reduced if considered excessive.
11.3The decision of the Society or its Officials shall be final as to these Terms & Conditions and any other matters not specifically covered by the terms of these Terms & Conditions or the Application Form.
12Health and Safety Requirements for Hirers
12.1It is the Hirer's responsibility to ensure the safety of the general public. Any areas of potential danger should be clearly marked and warning signs posted and if necessary stewarded.
12.2The Hirer is advised to prepare a written safety policy document. This should state their policy in respect of the overall safety of the event and cover matters of public safety that are within the Hirer's control. The policy should also set down standards of safety expected from staff, exhibitors, retailers, caterers and others. A written procedure for dealing with emergencies should be prepared and included in the document. This should include risk assessments.