Selandra Community Hub - Conditions of Hire

Contents

Hiring the room

At least 14 days prior to the hire commencement date, hirers must:

  • Complete and deliver the Facility Booking Form to Council in accordance with the How to. Lodge section of the Facility Booking Form; and

  • Upon confirmation of the booking availability, pay Council the hiring fee and bond.

Upon receiving payment Council will confirm the booking with the hirer via email or post.

No bookings will be made without receipt of the booking form.

Eligible hirers

Hirers must meet the criteria set out in the descriptions in the Fees and Charges document.

Strictly no private bookings allowed at Lynbrook Community Centre. Community Groups must provide proof of registration/recognition of being a community group from the relevant organisation.

Hiring fee

The hirer must pay the hiring fee in accordance with the How to Pay section of the Facility Booking Form.

Hirer minimum standards

All hirers must:

  • Remain respectful of other users and keep noise to a minimum

  • Clean up after use including washing and returning cups, and cleaning tables and floors

  • Pack up after use, returning all furniture to store room / original position

Use of foyer and common areas

The foyer is a space for the enjoyment of all users. It is encouraged to be used as a drop-in space during business hours. After hours please be respectful of other users as the space is a transition space between groups. It is not to be used as additional hire space or an extension to hire space unless formal, written approval has been obtained.  

Permission to occupy

The hirer is only entitled to use the nominated area of the site on the date and time specified; management reserves the right to permit other areas of the site for any other purpose at the same time. No section of the hired location shall be sub-let, contract transferred or reassigned without consent from the site management.

Staff may request additional information on your booking or refuse to grant hire, the reasons will be directly discussed with the hirer.

Requests to change hire

To alter the days and hours required for hire throughout the term, the Hirer must, at least two days prior to the proposed change of hours and/or date (unless otherwise agreed in writing by Council) submit a written request (email) to alter current hiring times to lynbrookcc@casey.vic.gov.au.

The Council must then notify the Hirer that the variation of hire is accepted by Council prior to the date of next hire.

Regular users

Council may require the use of the facility for festivals and events that provide appeal to the broader community and on occasions may need to cancel some regular bookings. In this instance a minimum of four weeks’ notice will be given and every effort will be made to provide another space to the user.

Note: Regular bookings are not accepted for Hall 1 and 2 on Saturday nights.

Arrival and Departure

The Hirer is responsible for opening and closing the room and/or facility upon entry and exit. Upon departure the Hirer must always ensure that:

  • Room/s are in a reasonable and clean condition as they were found.

  • Lights and electronic equipment are switched off.

  • Heaters/Air conditioners are switched off.

  • Equipment has been turned off, packed away or removed.

  • Windows and doors are locked.

  • Alarm is activated.

If there are no Council officers in the facility at the time of arrival or departure; the Hirer is responsible for opening and closing the facility. This includes activation or de-activation of the alarm, and locking or unlocking the facility.

Facility opening and closing procedures are detailed in the ‘Lynbrook Community Centre Operating Procedures for Users’ which will be provided to hirers upon confirmation of the booking.

Permitted use

The hirer must only use the room for the use specified in item 4 of the booking form and not use the room for any other purpose.

If it is determined by Council that a hirer is not using the space for its intended purpose   all future bookings will be cancelled. For example: personal use such as birthdays, unless agreed

Number of people in room

The hirer must not permit the number of the people in the room to exceed the maximum number specified in item 7 of the booking form.

Children

Children must be accompanied by a guardian at all times, and must remain in the room with the hirer. Children may not be left unsupervised in the foyer whilst their guardian is in a hired room.

Repeat occurrences may result in cancellation of all future bookings.

Times of use

The hirer must only use the room during the hiring times. The hirer must immediately vacate the room outside of the hiring times to allow other people to use the room. If the room is used by the hirer beyond those times specified, Council may charge an additional fee to the hirer or deduct the additional fee from any payment made by the hirer to Council. Council may also terminate this agreement and forfeit the security deposit if the room is used during such times that another person has booked the room.

Compliance with laws

The hirer must comply with all laws in connection with the room and the hirer's use of the room.

Cancellation policy

The hirer must provide 14 days’ notice for cancellation of a single booking and 7 days’ notice for cancellation of a regular booking.

Outstanding fees and charges

Council may terminate the hire at any time during the agreed period of hire if the Hirer has an outstanding balance exceeding 60 days.

Nuisance

The hirer must not do anything in connection with the room which may cause a nuisance or interference with any other person.

Security

The hirer must not do anything in connection with the facility which may cause a security issue or unnecessary alarm, such as accidental activation of the duress alarm. Callouts by the security company deemed unnecessary may be charged to the hirer. 

Consulting suites 1 and 2 have a duress alarm however these are only monitored during business hours and not available evenings and weekends.

Signs and notices

The hirer must not erect any signs or notices in the interior or exterior of the facility without Council's prior written consent.

Heavy equipment and flammable substances

The hirer must not bring any heavy equipment or flammable substances into the room without Council’s prior written consent.

Illegal activities

The hirer must not permit any illegal activities in the room.

Food Handling

The Hirer must not allow or cause to be allowed any food to be sold or handled for the purposes of sale without holding a current Food Act (1984) registration certificate, irrespective of whether the activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.

Council to the extent permitted by law accepts no responsibility, direct, indirect or otherwise for any liabilities under statute or common law for the sale or provision of food items from facilities.

Further information concerning the provision of food and matters of food safety may be obtained from Council’s Environmental Health Unit on 9705 5200.

Alcohol

The hirer will be required to obtain a Liquor Licence or a City of Casey Local Law Permit to bring or consume any alcohol in the Lynbrook Community Centre. Please contact Council prior to discuss your requirements.

No smoking

The hirer must not allow any persons to smoke in or around the facility including the outdoor deck area. Smoking is only permitted within 10 metres of an entrance to the facility.

Animals

The hirer must not allow any animals to be brought into the room (authorized assistance animals excepted).

Licensee directions

The hirer must comply with all requirements of Council and all directions given by Council representatives when using the facility.

Termination of room hire

Council may terminate the hiring of the room by the hirer at any time if the hirer:

  • has not paid the hiring Fee or the security deposit within 14 days of the commencement date;

  • has not paid the hiring fee in the manner specified in the booking form; or

  • breaches any of the hirer's obligations specified in the terms and conditions of this document,

Council may forfeit any monies including the security deposit, the booking fee and the hiring fee, paid to Council by the hirer.

Hire termination process:

  • One verbal warning and one written warning may result in termination of hire

  • Termination of hire from one City of Casey facility extends to all City of Casey Facilities

  • Immediate cancellation of hire with no warning will result from any action by the hirer or visitors connected with that hirer, which poses an immediate danger to others or significant damage to the building.

Emergency

Where there is an emergency or a risk to any persons in or about the room, Council may terminate the hiring of the room immediately. Any monies paid by the hirer to Council may be forfeited by Council where the termination of the room hire resulted from an act or omission of the hirer or the hirer's agents, contractors or invitees.

Emergency entry

In an emergency Council may:

  • Enter the premises at any time without giving notice to the user;

  • Where applicable, close the premises as Council reasonably considers necessary; and

  • Prevent the tenant from entering or occupying the premises.

Storage

Storage at all facilities cannot be guaranteed. Storage is allocated, by the City of Casey, fairly and equitably between Hirers of the facility. Council is not responsible for any loss or damage to equipment that is stored on the premises.

  • The Hire may be required to pay a fee for the allocation of storage.

  • The Hirer must ensure that all items kept in storage are maintained in a safe manner.

  • No equipment is to block entrances and the floor spaces to rooms, so to prevent potential injury.

  • All Hirer’s must be respectful of equipment that does not belong to them.

  • The Hirer must adhere to using only the allocated storage areas to ensure fairness to other Hirer’s.

  • Council is responsible for the allocation of all storage areas.

  • Council is not responsible for any loss or damage to Hirers property.

  • It is the responsibility of the Hirer to ensure that all participants of their group using the facility are aware of these regulations and adhere to them.

Council's right of entry

Council may enter the room at any time and remain in the room for the purpose of supervising the functions or activities conducted by the hirer.

Bond

Council retains the right to request from the hirer any further monies to be held as a security deposit by Council at any time up until the commencement date. If Council requests additional monies, the hirer must pay such additional monies within seven days of request.

Reasons for reductions/deduction in bond return include but are not limited to:

  • Failure to clean up and pack up at end of hire, including washing crockery and wiping down tables.
  • Damage including pen and texta on walls and furniture.
  • Failure to clean all required aspects of kitchen (if applicable).
  • Repeated failure to return spaces to their pre-hire state.

Bond top-up (regular hirers)

  • Should the bond be impacted by a deduction, the bond must be topped up prior to continued usage of the Centre.

Refund of bond

Council will refund the security deposit to the hirer within 14 days of the expiry date less any amounts required by Council to:

  • Repair any damage to the room which occurred at any time when the hirer had access to the room, regardless of how the damage occurred;

  • Clean the room each day after the hiring times so that it is in the same condition it was in prior to the hiring times each day;

  • Recover any other costs incurred by Council due to a breach of these conditions by the hirer; or

  • Recover any other monies due to Council by the hirer under these conditions or as outlined above.

Return of Keys

The hirer must return all facility keys and swipe access cards to Council by close of business on the next weekday (excluding public holidays) after the expiry of the hire unless otherwise negotiated.

Public liability insurance

The hirer shall at all times during the agreed term, be the holder of a current public liability policy of insurance in respect of the activities specified herein in the name of the hirer providing coverage for a minimum sum of $10M (or more). The public liability policy shall be effected with an insurer approved by Council.

The public liability policy shall cover such risks and be subject only to such conditions and exclusions as are approved by Council and shall extend to cover Council in respect to claims for personal injury or property damage arising out of the negligence of the hirer. Groups without public liability insurance may purchase public liability insurance with their booking. This is charged per occasion of hire. Please refer to the Centre’s fees and charges list for the amount.

Release and indemnity

The hirer agrees to indemnify and to keep indemnified, Council, its servants and agents, and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, in connection with the hirers performance or purported performance of its obligations under this agreement/permit and be directly related to the negligent acts, errors or omission of the hirer.

The hirers’ liability to indemnify Council shall be reduced proportionally to the extent that any act or omission of Council, its servants or agents, contributed to the loss or liability.

Liability of person signing application form

Where a person signs the booking form on behalf of the hirer, which is an incorporated body (such as a company or incorporated association) the person signing the application form:

  • Warrants that he or she is authorised to sign the application form on behalf of the hirer; and

  • Guarantees that the hirer will strictly observe and perform its obligations in these conditions, and

  • Will pay to Council on demand any money for any loss suffered by council due to a breach of these conditions by the hirer.

Definitions

In these conditions, the following words have the meanings set out below:

  • Booking form means the application form at the front of the conditions
  • Booking deposit means the amount specified in item 12 of the application form
  • Commencement date means the commencement date specified in item 4 of the application form.
  • Council means City of Casey Council.
  • Conditions mean these conditions attached to the application form.
  • Licensee means the community group authorised by Council to administer this agreement or agreements of the same or similar nature as this agreement.
  • Expiry date means the expiry date specified in item 5 of the application form or such earlier date that this agreement is determined.
  • Hirer means the hirer specified in the application form and where it is consistent with the context includes the hirer's employees, agents, invitees and persons the hirer allows in the room.
  • Hiring fee means the hiring fee specified in the application form.
  • Hiring times means the times specified in item 6 and 7 of the application form during which the hirer is permitted to use the room.
  • Security deposit means the security deposit specified in item 11 of the application form and includes any additional security required under clause 7.
  • Term means the term from the commencement date to the expiry date.