The PCC encourages the use of the Church premises by third parties, subject to the conditions laid out in this Policy which are intended to protect the PCC from financial or reputational damage.
HIRE OR LETTING?
A Hire is the one-off or regular use of Church premises for short periods by a third party other than for use as business premises. For use as business premises, or for the exclusive use of any part of the premises by a third party, a Lease agreement is required.
A Hire does not create a legal relationship of Landlord and Tenant between the PCC and the Hirer. A Lease does create such a relationship and can be enforced at law. Therefore the PCC shall not enter into any Lease Agreement without first consulting, and gaining a Faculty from, the Chancellor of the Diocese.
FIT AND PROPER ORGANISATIONS TO USE CHURCH PREMISES
The Premises must only be hired to persons or organisations whose activities are legal, wholesome and in accordance with Gospel values. The following must never be allowed to hire Church Premises: banned organisations; extremist or racist political groups; organisations which discriminate against people on the grounds of their race, gender, sexuality or disability; groups which promote behaviour or beliefs contrary to the Gospel.
Organisations wishing to use the premises for activities involving children or vulnerable adults must have proper safeguarding policies and procedures in place before they may be allowed to do so.
If in doubt as to the suitability of a Hirer, the decision should be referred to the PCC for full consideration.
For all hires, a Hire Agreement Form (blanks are available) must be completed in advance of the event.
Once completed, the Hire Agreement Form should be filed until the end of the Agreement when the form is archived.
All hires are subject to The Standard Conditions of Hire (attached) which are not negotiable. It must be ascertained that the Hirer agrees to these Conditions before the Agreement is signed.
The PCC reserves the right to cancel any or all sessions booked under a Hire Agreement, or to terminate the Hire Agreement without notice in the event of a) unforeseen emergency circumstances or b) any breach of the Standard Conditions of Hire by the Hirer.
POLICY ATTACHMENT: THE STANDARD CONDITIONS OF HIRE
These Conditions are those in force at the time of writing (September 2017) and shall be reviewed by the PCC at each Annual General Meeting to ensure that they continue to provide appropriate protection.
Standard Conditions of Hire
a) In respect of a one-off booking: THE HIRER shall pay the agreed charge for the booking no later than the date agreed. Bookings are not guaranteed until payment has been made.
b) In respect of a recurring booking: THE HIRER shall pay the agreed per-session booking fees monthly in advance on or before the date of the first Hire Session due in that month, taking account of the number of Sessions due in the month. Bookings are not guaranteed until payment has been made.
c) The PCC reserves the right to cancel any or all of the booked sessions should unforeseen emergency circumstances dictate.
a) In respect of a one-off booking: If the Hirer wishes to cancel the booking, the PCC may at its absolute discretion refund some or all of the fees paid but shall be under no obligation to do so. In the event of the PCC cancelling the booking all fees paid by the Hirer shall be refunded.
b) In respect of a recurring booking: If the Hirer wishes to cancel any or all sessions booked, the PCC may at its absolute discretion offer credit against future sessions or refund the fees but shall be under no obligation to do either. In the event of the PCC cancelling any or all booked sessions, all fees paid by the Hirer in respect of the cancelled sessions shall be refunded.
THE HIRER shall ensure that the Rules governing the use of the premises are complied with. This includes the PCC’s Health & Safety and Safeguarding Policies which are in force at all times.
THE HIRER undertakes not to allow, cause or permit, the smoking of tobacco products within the premises or within five metres of main or emergency exits outside the premises at any time.
THE HIRER undertakes not to allow, cause or permit, the consumption or use of illegal substances within or about the premises at any time.
THE HIRER shall during the period of hiring, be responsible for supervision and security of the premises, protection of the fabric and contents from damage, and the behaviour of all persons using the premises, including proper supervision of car parking arrangements (if any) so as to avoid obstruction of the highway.
THE HIRER shall be responsible for obtaining any local authority or other licences necessary in connection with the booking, other than those (if any) already held by the PCC.
THE HIRER shall be responsible for making adequate arrangements to insure against any third party claims which may lie against the Hirer or his/her organisation whilst using the premises.
THE HIRER shall be responsible for the observance of all regulations affecting the premises imposed by the Licensing Justices, the Fire Authority, the Local Authority or otherwise.
THE HIRER shall not sub-let or use the premises for any unlawful purpose or in any unlawful way or do anything or bring onto the premises anything which may endanger the premises, their users, or any insurance policies relating thereto.
THE HIRER undertakes to leave the premises in a clean and proper condition at the end of each session and to ensure that all lights and electrical appliances are turned off after use. The PCC reserves the right to levy cleaning charges if the premises are not left in a clean condition.
THE HIRER shall indemnify the PCC in respect of the cost of repair of any damage done to any part of the premises including the curtilage thereof or the contents of the building during or as a result of a booking and in respect of any liability to third parties or otherwise arising out of the use of the premises pursuant to the booking.
THE HIRER shall, if selling goods on the premises, comply with all relevant fair trading laws and any local code of practice issued in connection with such sales.
THE HIRER acknowledges that no tenancy is intended to be created between the PCC and the Hirer and no relationship of landlord and tenant exists between them.