Conditions of Use – Berkeley Neighbourhood Centre

BERKELEY COMMUNITY CENTRE CONDITIONS OF USE & GENERAL INFORMATION

Berkeley Community Centre is managed by Berkeley Neighbourhood Centre Incorporated (The Management Committee). The Management Committee is pleased to provide this community facility for use by the general community for functions, activities and meetings. The Management Committee entrusts to the hirers care and safety of this hall and persons using them. To assist hirers with this and to ensure everyone enjoys the use of the facility The Management Committee has established condition of use as outlined in this document. Please do not hesitate to ask the Booking Officer specific questions that will assist you in making your booking an enjoyable experience.

Phone: 4271 1661 Fax 4272 1007 PO Box 103, BERKELEY NSW 2506 Security Company: 4226 0000

Bookings: bookings@bnci.org.au

DEFINITIONS THROUGHOUT THESE CONDITIONS, THE TERMS:

· ‘The Management Committee” means Berkeley Neighbourhood Centre Incorporated.

· ‘Hall’ means the building,

· ‘Hall Grounds’ means the public land upon which the halls are located and includes enclosed courtyards and car parks,

· Hall/Rooms’ means the hall/rooms at the facility available for hire

BOOKINGS AND FEES

Applications

Applications for hire are to be made on the form provided and must be signed by a person aged 18 years or over. The hirer must remain in attendance during the hire period and is responsible for centre security, safety of guests and supervising all activities during the hire period. Some centres are not available for use on Christmas Day, Good Friday or New Year’s Eve. The Management Committee can refuse any application to hire at their sole discretion if they determine the application would not meet these Conditions of Hire.

A security bond is required for all bookings. There is no GST payable on the security bond unless the bond is retained to cover costs (see Point 7). The bond will be refunded within 3 weeks from the date of hire provided the hirer has fully complied with all Conditions of Use. Regular bookings will incur a one-off bond redeemable at the end of all their bookings. There is a $5 administration fee for each day that keys are not returned to the centre by the allocated date.

Regular bookings

Regular bookings are taken on an annual basis for the following calendar year and where necessary a booking may be cancelled or altered by management to accommodate infrequent use of the venue for exhibitions, conferences, elections etc. Hire on Saturday evenings is restricted to two consecutive weeks unless a further application has been approved. Fees must be kept 2 weeks in advance. Berkeley Neighbourhood Centre Staff reserves the right to restrict the number of bookings any one organisation can have in any given period of time at the discretion of an authorised Berkeley Neighbourhood Centre Staff member. This can be reviewed at any time to ensure ongoing access and equity for all.

3 Hours of Use

Hiring times to include time required for setting up, dismantling, cleaning etc. The hirer does not have access to the hall/rooms outside the approved hire period. The Centre can only be hired till 12midnight.

Hire fees

Hall/Rooms will be available for hire at the fee levels stated in Berkeley Neighbourhood Centre current Fees and Charges schedule (reviewed July each year). Bookings made prior to any increase in fees in July each year will incur these increases.

Deposit and Bond

A deposit of 50% of the hire fee is required, within 7 days, to confirm the booking. The balance of the fee must be paid on collection of keys or on a date advised. Note: cheque payments must be received 10 working days prior to the hire period. If the full fee is not paid, the booking will be cancelled.

6 “High Risk” Activities

A request for hire may result in the booking being identified as ”high risk” based on the type of activity and/or known history of similar activities such as 18th/21st birthdays or any function where alcohol is being served. Any booking which is identified as “high risk” may be subject to additional costs as set out at the end of Point 7 above and/or other conditions such as the hirer being required to provide licensed security guards and/or Certified First Aid Officers for the duration of the function.

Centre Management will notify the police of any “high risk” activity that may be booked.

7 Additional Costs

The hirer will be responsible for any cost that may be incurred as a consequence of the hirer’s, their guests or contractors use of the Centre. Additional costs will include but are not limited to:

Cleaning fees (based on current salary/contract rates),
Replacement of keys/access cards ($15/key or card, $150/lock cylinder),
Unauthorised use of fire equipment or damage to electronic strike gates (cost of repairs/replacement),
Securing the building ($60/call out), loss of property from the Centre (cost of replacement),
Damage to the Centre, equipment and/or grounds (cost of repairs/replacement),
Reset Fire Panel ($200)
Emergency Services call out fee ($1250 as set by Fire Brigade)
Administration charge ($40 per hour)
Breaches of Conditions of Use (based on costs incurred)

Above costs include GST. Additional costs will be deducted from the security bond. If the total costs, including GST, exceed this amount, an account for the outstanding costs will be sent to the hirer. Further additional costs may be imposed on the hirer for functions identified as “high risk” (see Point 7) payable prior to the hire period and including, but not limited to double bond payment.

Cancellation

Casual hirers: Four weeks’ notice required for full refund. If casual hirer provides between three weeks and four weeks’ notice of cancellation, 50% of hire will be refunded. Less than three weeks’ notice, all money forfeited.
Late bookings: refund at management discretion.
Licensees or ongoing bookings: at least one months’ notice of booking changes or cancellations to avoid these hours contributing to their allocated hours.
NOTE: Berkeley Neighbourhood Centre Staff reserves the right to cancel any booking which falls on a government election day, or at any other time when the Centre is required for legal, statutory or civic requirements by Berkeley Neighbourhood Centre Staff. If this happens, Berkeley Neighbourhood Centre Staff will refund all payments, but will not be liable for any loss incurred by the hirer.

ACCESS AND USE OF HALL/ROOMS

Multiple Hall/Room Centres

At those Centres with multiple halls/rooms other groups may be using the Centre at the same time as your hire period. All groups have access to foyers, corridors and toilets on a shared basis. In some cases, hirers need to share kitchens. Hirers shall be respectful towards other users and shall not interfere or disturb their activities.

The hire of many of the halls/rooms includes crockery and cutlery. Should additional crockery and/or cutlery be needed to that supplied in each Hall/Room, the hirer will be required to make arrangements for these additional items. Hirers must provide their own tea towels.

Timber Floors – Restricted Use

All hall timber floors are sealed to allow for multipurpose use. Use of these halls for sports or heavy use activities, eg tap dancing is strictly prohibited. Use of powder or any substance to change the floor finish is strictly prohibited. Hirers are responsible for any damage to the timber floors as a result of inappropriate use.

Condition of Centre at Start

It is expected that the Centre will be left in a condition suitable for immediate use at all times. Where the Centre is considered unsuitable for use on arrival, the hirer should immediately notify Berkeley Neighbourhood Centre Staff on 4271 1661. This will indemnify the hirer against any claim by Berkeley Neighbourhood Centre Staff for loss of property or damage to the building or grounds.

Lighting & Audio/Visual Equipment

In Centres with stage lighting and audio/visual equipment, use of such equipment is available ONLY with approval at the time of making the booking. Fees and charges for such use will be advised at that time. Equipment details and written instruction of use are provided separately. Users must be proficient in the operation of equipment as there is no audio/visual technician on site.

Air Conditioning

Some of the halls/rooms are air conditioned. The air conditioning is only turned on in halls/rooms when they are in use and in some centres the A/C control (on/off) is available to the hirer to use at their own discretion. To assist in minimising the impact on the environment by reducing energy use, hirers are asked to use A/C wisely and when in use minimise the times the doors to these halls /rooms are left open.

Shared spaces – foyers, Kitchens & Courtyards

Many centres have foyers, kitchen(ettes) & enclosed courtyards. At some centres these are shared areas and in such cases hirers shall be respectful towards other users and shall not interfere or disturb their activities. Hirers are responsible for the use of foyers, kitchen(ettes) & enclosed courtyards by their group and should ensure that all rubbish is removed and the area is left in a clean and tidy condition.

Catering/Kitchen

The preparation of food and beverages shall be confined to the kitchens. Grease and food scraps are not to be washed down the sink and should be wrapped and placed in the garbage bins provided. Caterers and others must leave the kitchen(ettes) in a thoroughly clean condition.

Furniture set up by Hirer

At most centres the hirer is responsible for arranging set up/pack up of the furniture as required. At the end of the hire period the hirer is to return furniture to the original position it was found (unless advised by Berkeley Neighbourhood Centre Staff otherwise).

The hirer is not to allow furniture or equipment to be removed from the Hall/Room or obtain furniture from other Halls/Rooms of the centre, unless approved by Berkeley Neighbourhood Centre Staff. In some of these centres, furniture set up and pack away can be arranged by Berkeley Neighbourhood Centre Staff for an additional fee. If required, hirers should talk to The Management Committee Officer to see if this option is available at the Centre being hired.

Furniture set up by Berkeley Neighbourhood Centre Staff

At some centres, furniture set up can only be undertaken by Berkeley Neighbourhood Centre Staff (and is included in the fees charged) and according to arrangements made at the time of making the booking. Plans of various standard furniture layouts (which provide for maximum numbers) will be provided at the time the booking is made.

18 Toilets

Hirers are responsible for the toilets used by their guests and these should be checked by the hirer and cleaned if necessary prior to leaving the premises.

Cleaning

In some centres, cleaning is included in the fees and hirers will be advised of such. In most centres however, cleaning equipment is provided to all hirers and prior to leaving, any spillage of food, liquid or other material is to be removed by the hirer from all surfaces. Equipment and furniture is to be wiped over with a damp cloth if necessary. The floor is to be left clean. Fridges must be empty and clean. All cleaning equipment is to be left clean and ready for use by others. All goods, materials or property brought into the Centre must be removed by the end of the hire period. Berkeley Neighbourhood Centre Staff does not accept responsibility for private property left in its Centres.

Rubbish Removal

The hirer is responsible for removing garbage from the hall/room at the end of the hire period. Garbage is to be placed in the large waste containers at Centres where these are provided or taken away by the hirer if not provided or full. Where relevant, hirers will be issued keys for direct access to these waste containers. UNDER NO CIRCUMSTANCES FOOD OR DRINK TO BE LEFT IN THE FRIDGES OR FREEZERS

Building Decorations and Equipment

No changes may be made to any area without the approval of Berkeley Neighbourhood Centre Staff. No decorations or items can be hung from any area of the ceilings or walls without prior approval from Berkeley Neighbourhood Centre Staff unless hooks are specifically provided for such.

Painting or marking any surface is strictly prohibited. No sticky tape, bluetac or similar product is to be used. Nothing is to be attached to the ceiling fans, emergency lights or other fixtures. All balloons/decorations must be removed from the premises at the completion of the function.

22 Burners, Fog/Smoke Machines and Fireworks

Under no circumstances shall there be any burners such as barbeques or spit roasts, fireworks, candles or other flammable materials allowed in any Hall/Room. Fog or smoke machines are prohibited from the Centre. Fireworks in the grounds are not permitted unless approved by Berkeley Neighbourhood Centre Staff (a Development Application will be required for such). Hirers will be responsible of all costs incurred if the smoke/fire alarm is activated falsely due to negligence of misdemeanour by the hirer or persons under their control.

Electrical

The hirer is responsible for turning on and off any electrical items, except mini boils and fridges that, on arrival, are already on. Any electrical equipment or appliances brought into the Centre by the hirer or their contractor/service agent or guest must be tested and tagged by a licensed electrician or person qualified to tag and test.

SAFETY AND SECURITY

Safe Activities

Berkeley Neighbourhood Centre Staff reserves the right to have the hirer undertake a risk assessment of any activity to be held during the period of hire and for the hirer to identify and implement treatments/methods that ensure the safety of all persons attending the activity and that there is no damage to the centre.

Hirer’s Contractors/Service Agents

Hirers who obtain services (paid or unpaid) from others to assist with the booking (eg caterers, persons to set up, cleaners, technical specialists etc) are required to ensure all contractors/service agents:

abide by these conditions of use;
arrive and leave the premises within the approved period of the booking;
provide the hirer with a risk assessment and safe work method statements (regular contractors/agents using the centre may already have completed such – ask The Management Committee Officer if this is the case);
are inducted onto the site by Berkeley Neighbourhood Centre Staff; and,

No booking can proceed without all of the above being undertaken and risk assessment and safe work methods being received by Berkeley Neighbourhood Centre Staff prior to the hire period.

Security Alarms in Centres Where Fitted

Motion detectors are located in most Halls/Rooms of these Centres. The alarm is only turned off in halls/rooms when they are in use. Some hirers will be responsible for turning alarms off at the beginning of the hire period and on when leaving. In such instances, the hirer is to ensure the building is fully secured prior to leaving as per the instructions provided separately. Other hirers must ensure doors and windows are closed and locked before departing and if present, advise The Management Committee Officer that you are leaving.

Hirers will be responsible for all costs incurred if the security alarm is activated falsely due to negligence or misdemeanour by the hirer or persons under their control. The Hirer’s contact details are supplied to the security company and Hirer will be contacted if the alarm is activated.

Fire Extinguishers and Equipment

Under no circumstances shall there be any interference with the fire fighting or other emergency equipment in the Centre except in the case of fire.

Emergency Evacuations

In the case of an emergency, the hirer is responsible for arranging for all those attending the function to leave the building and to go to the nearest designated assembly area – as per the emergency evacuation plans provided in each Hall/Room. Some centres are fitted with smoke detectors which are electronically connected. In the case of fire, a siren will sound and the Fire Brigade will be contacted automatically and will respond immediately. At centres where there are no smoke detectors, the hirer is to telephone 000 immediately after evacuation. The hirer is responsible for ensuring no person re-enters the building until the Fire Brigade advises that it is safe to do so. Hirers will be responsible for all costs incurred if a smoke alarm is activated falsely due to negligence or misdemeanour by the hirer or persons under their control.

Emergency Fire Gates – at Centres Where Fitted

Located in each courtyard at these Centres, there is no general access through these gates. In an emergency these gates open automatically. The hirer is responsible for ensuring there is no access through these gates except during an emergency evacuation. See Point 6 Additional Costs.

Exits, Aisles and Passageways

All passageways, aisles and exits shall be kept clear and useable to ensure public safety. Covering or putting any item in front of illuminated exit signs is strictly prohibited.

Keys/Access Cards/Alarm Codes – At Centres Where Provided

Hirers responsible for opening, closing and security of the Centre will be issued with keys/access card and, at Centres where there is a security alarm, an alarm code. These are issued on the following conditions:

Keys/access card are to be picked up and returned as documented on the Application for Hire form.
The signatory is fully responsible for the keys/access card/alarm code and must ensure they are not given to any other group or person.

The keys/access card is not to be labelled in any way with reference to the Centre.

If keys/access card are not returned the hirer will be responsible for the cost involved in replacement. This may include the cost in having new keys cut for other user groups. See Point 6, Additional Costs.
An additional bond is required if the keys/access card are lost before the booking and a new set is required.
The Management Committee Officer is to be contacted immediately in the event of keys/access card being lost or stolen.

Closure of Doors and/or Refusal of Admission

For safety and security reasons Berkeley Neighbourhood Centre Staff may at its discretion cause the entrance doors to the Centre to be closed and/or refuse admission to any person or terminate any function where there has been a breach of any of the Conditions of Use or the function has become disorderly.

REGULATIONS/ACTS/LAWS

Loss or Damage

The hirer will be held responsible for, and be required to make good, any loss or damage to property or furniture, appliances or fittings within your areas of hire and the common area (foyer, toilets and courtyards). Berkeley Neighbourhood Centre Staff accepts no responsibility for any loss or damage to any property whatsoever belonging to either the hirer, other persons attending the function or the hirers contractors.

Indemnification and Insurance

The hirer shall indemnify Berkeley Neighbourhood Centre Staff and its servants against any claims, costs or penalties whatsoever that may arise from the hirer’s, their guests or contractor’s negligence during the period of hire of the Centre.

All commercial or government bookings, bookings for political rallies, professional entertainment, gatherings of over 1,000 people and community organisations with their own liability insurance must supply a current copy of their liability insurance at the time of making the booking. Such insurance cover must be with an approved Australian authority.

It is strongly recommended that other hirers obtain suitable public liability insurance covering their activities for the period of hire.

Lost Property

Authorised Berkeley Neighbourhood Centre Staff Officers are the only persons allowed to enter, examine and search the Centre for lost property. Berkeley Neighbourhood Centre Staff accepts no responsibility for any items left in the centre. Any lost property recovered by any person is to be lodged with Berkeley Neighbourhood Centre Staff.

Work Health &Safety Act

The hirer shall comply with the WH&S Act at all times and the safe work method statements that have been provided within each room.

Room Occupancy Numbers

Hirers are responsible to ensure the number of people in the room/hall hired does not exceed that permissible and identified in the Application for Hire.

Child Protection Laws

If your activity involves children up to 18 years of age you are legally required to comply with Child Protection Acts including conducting employment screening in line with this legislation.

Advertising

No permanent advertising is allowed anywhere in the Centre or the grounds. Casual advertising is permitted on boards provided for this purpose. Berkeley Neighbourhood Centre Staff approval is required for the erection or hanging of any portable advertising signs including banners.

Sub-Letting

Sub-letting of any part of the Centre is absolutely prohibited and will not be recognised under any circumstances.

Smoking in Centre

Smoking is not permitted in any part of the Centre or in any courtyard where signs indicate smoking is not permitted.

Alcohol in Centre or Grounds

If alcoholic liquor is being sold during a hire period the hirer must obtain and show proof of the appropriate Liquor License, a ‘Temporary On-License (Function)’. An application form can be accessed via the NSW Office of Liquor, Gaming & Racing at http://www.olgr.nsw.gov.au/pdfs/L_F_TLP.pdf. Note that there are several processes to complete and this may take several weeks. Functions where alcohol is to be sold can only proceed if the license has been issued and proof of this is presented to Berkeley Neighbourhood Centre Staff. If the activity involves the consumption of alcohol, Berkeley Neighbourhood Centre Staff reserves the right to notify the Police Licensing Unit of the activity, and hirers must abide by the responsible service and consumption of alcohol legislation. A person must not supply alcohol to a minor at Berkeley Neighbourhood Centre Staff centre unless the person is the minor’s parent or guardian. Sale or supply of liquor to a person under the age of 18 years is an offence. A person can avoid a penalty if he/she proves that he/she was authorised to supply the alcohol by the minor’s parent or guardian. Under no circumstances is alcohol to be consumed in the Centre Grounds.

If alcohol is served at events at the Centre, Hirer must notify police.

Animals in Centre

No animals shall be allowed in the Centre except assistance animals or Berkeley Neighbourhood Centre approved.

Sale of Merchandise

The sale of retail or wholesale products or any direct merchandising is not permitted in the Centre.

The Centre shall not be used for Auction Sales other than those conducted on behalf of Berkeley Neighbourhood Centre Board of Management.

Disorderly Conduct and Noise

Noise levels are to be kept to a minimum at all times to avoid disturbance to other groups and neighbouring properties. The hirer shall take all reasonable steps to prevent disorderly conduct in the Centre and grounds throughout the period of the hire and when leaving the centre.

The use of any sound amplification outside the Centre is strictly prohibited unless approved by Berkeley Neighbourhood Centre Staff at the time the booking is made and conditions pertaining to such use will be issued separately.

The hirer shall comply with the requirements of the Protection of the Environment Operations (POEO) Act 1997 (Part 8.6, Section 276), that covers noise control.

Disputes

In the event of any dispute arising as to the meaning of any of these terms and conditions, or between the hirer and any representative of Berkeley Neighbourhood Centre Staff, the decision of Berkeley Neighbourhood Centre Staff or delegated representative shall be final.

Social Media

Hirers are not permitted to advertise events at the Berkeley Neighbourhood Centre on any form of social media without permission from Centre staff.