HALL HIRE Terms & Conditions
1 Interpretation
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
Approved: approved by the Company in writing.
Associated Persons: all guests, contractors, employees, agents, relations, friends, family members, or other third parties or members the public invited by or on behalf of the Hirer to be present at the Hall in connection with the Event.
Booking: the contract, made between the Hirer and the Company in relation to hire of the Hall, as detailed on the Booking Form and subject to the Conditions, formed when accepted by the Company.
Booking Form: the application for use of the Hall by the Hirer describing the Event and the Period of Hire required using the form provided by the Company.
Code of Conduct: the standards of behaviour to be observed by all visitors to the Hall provided as part of these Conditions at Appendix Two, which the Hirer is required to be circulated to all Associated Persons.
Company: The Company of Merchant Taylors of the City of York (registered charity no.229067) (Charity) and/or York Merchant Taylors’ Service Company Ltd (registered no. 02844764) (Service Company) both at Merchant Taylors’ Hall, Aldwark, York YO1 7BX.
Event: the use of the Hall described in Booking Form and authorised by the Booking.
Hall: The Merchant Taylors Hall in York (including its grounds) or such parts thereof stated on the Booking Form subject to the Conditions.
Hire Fee: the amount specified on the Booking Form for the hire of the Hall for the Event.
Hirer: the person or entity hiring the Hall including any company, club, society or any other form of organisation.
Licences: the licences referred to in Condition 6.1.
Payment: payment by the Hirer of the Hire Fee for the Booking and of all and any further sums payable to the Company for the provision of ancillary facilities or services.
Period of Hire: the time or times reserved for the Booking
1.2 Interpretation:
1.2.1 A reference to legislation or a legislative provision:
1.2.1.1 is a reference to it as amended, extended or re-enacted from time to time; and
1.2.1.2 shall include all subordinate legislation made from time to time under that legislation or legislative provision.
1.2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.3 A reference to writing or written includes fax and email.
2 Booking
In consideration of the Hire Fee, the Company agrees to permit the Hirer to use the Hall for the Event for the Period of Hire. All details inserted in the Booking Form are part of the Booking, which includes the Conditions and any other special conditions agreed in writing that are referable to it.
3 Responsibility
3.1 The Company is committed to being a friendly and congenial organisation with high standards of behaviour. It expects people to treat everyone with consideration and respect and actively promotes equality, diversity, inclusion and safeguarding (see Appendix 2: Conduct at Events in the Hall)
3.2 Hirers and their event organisers attending an Event at the Hall will be expected to use their best reasonable endeavours to prevent and if necessary stop unacceptable behaviour on the part of anyone at that Event, which endeavours may extend to the removal of the person so behaving from the Company’s premises.
3.3 If the Hirer, event organiser or caterer at an event witnesses or is made aware of any unacceptable behaviour they should take whatever action they deem appropriate (immediate and without consultation with each other if necessary). This includes the removal from the event of the person or persons causing the difficulty.
4 Damage to the Hall
4.1 The Hirer agrees and undertakes:
4.1.1 not to cause or permit to be caused any damage to the Hall or any neighbouring property; or to any property of the Company, of any Associated Person or of the owners of any neighbouring property;
4.1.2 not to make the Hall dirty or untidy or leave any rubbish;
4.1.3 not to do anything that will or might vitiate in whole or in part any insurance effected by the Company in respect of the Hall.
4.1.4 to observe the Code of Conduct and any other rules and regulations the Company makes and notifies to the Hirer from time to time governing the Hirer's use of the Hall;
4.1.5 to leave the Hall in a clean and tidy condition and to remove the Hirer's furniture equipment and goods from the Hall at the end of the Event.
4.2 The Hirer is strongly advised to insure against any liability that it may incur to the Company, any Associated Person or any other third party in respect of the Event.
5 Use of the Hall
5.1 The Hirer shall not use the Hall (including any car parking spaces) for any purpose other than that described in the Booking and shall not sub-hire or use the Hall or allow the Hall to be used for any unlawful or unsuitable purpose or in any unlawful way nor do anything or bring to the Hall anything which may endanger the same or render invalid any insurance policies in respect thereof nor allow anything to occur in contravention of the Licences, applicable laws or regulations or the Code of Conduct.
5.2 The Hirer shall not use or allow the Hall to be used for: any political rallies or demonstrations; any purpose which may be illegal; any functions to be attended by any person whose presence may cause civil unrest or violent protest or an organisation or individual which has been banned by law. The Company reserves the right to exclude or eject from the Hall any person and to cancel any Booking where it considers that: any Event or aspect thereof may be contrary to its or the public interest or safety or contrary to any law, regulation or policy of insurance applicable to the Hall; or the intended use of the Hall or any aspect of the Event may pose a risk of loss, damage or significant expense to the Company or harm the reputation of the Company or the Hall. The Hirer shall ensure that no equipment, furniture, decorations, possessions, gifts, goods or other materials are left in the Hall (including its grounds) overnight except with the prior written permission of the Company
6 Licences and Hours
6.1 The Company and/or the Hall is licensed for:
6.1.1 Entertainment - live music, recorded music, performances of dance activities like music/dance, facility for making music, facilities for dancing, facilities like music/dance
6.1.2 Alcohol - late night refreshment, supply of alcohol
6.1.3 Weddings
6.2 The permitted hours are:
6.2.1 Hall Hours – 08.00 – 23.00
6.2.2 Entertainment - Monday to Saturday 10:00 - 23:00, Sunday 09:00 - 22:00
6.2.3 Alcohol – weekdays 10.00 – 23.00, Sunday and Good Friday 12.00 – 22.30, Christmas Day 12.00 – 15.00 and 19.00 – 23.00, New Year’s Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or if there are no permitted hours on the following day, midnight on 31st December).
6.3 The Hirer shall comply with any and all requirements of the Licences (to the extent applicable) and ensure that they have all permits, consents, licences, permissions, certificates, authorisations and approvals whether of a public or private nature which may be required by any authority or person in respect of the Event: this includes, where required, a licence issued by the Performing Rights Society, any copyright permission, any parental or guardian consent, or any consent of attendees or other persons required under data protection laws or regulations.
7 Confirmation of Hire, Deposit and Final Payment
7.1 Booking dates will be provisionally held for 14 days. The Booking will be confirmed to the Hirer at the discretion of the Company by acceptance in writing of the proposed Booking and upon receipt of payment of a non-refundable deposit of 50% of the Hire Fee (or such other amount as the Company may agree). The balance of the Hire Fee is payable 3 months before the date of the Event (or such later date as may be agreed by the Company). A Payment is non-refundable if the Event is cancelled by the Hirer after the Payment has been made.
7.2 Any Payment or part of such Payment shall be allocated in the entire discretion of the Company to either the Charity or the Service Company according to whether such payment is charitable or not.
8 Cancellation of Hire
If for any reason (other than cancellation or default by the Hirer or cancellation by the Company permitted by the Conditions) the Hall is not able to be used on the date booked for the Event any Payment made by the Hirer will be refunded (less any amounts for which the Hirer is liable in any event). The Company will have no further liability to the Hirer whatsoever including any losses, costs and expenses incurred by the Hirer except to the extent caused by its negligence or in respect of any matter for which it would be unlawful to exclude or restrict liability.
9 Indemnity
9.1 The Hirer agrees and undertakes to indemnify the Company, its officers, employees, members and agents and keep them indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
9.1.1 the use of the Hall for the Event pursuant to Condition 2;
9.1.2 any breach of the Hirer's undertakings contained in Condition 4.1; and/or
9.1.3 the failure to exercise its responsibilities in Condition 3;
10 Disclaimer
10.1 Neither the Company, its officers, employees or agents will be liable for:
10.1.1 The injury or death to any person or persons attending the Hall for the Event
10.1.2 Loss or damage to any goods, articles or property of any kind brought to or left at the Hall or its grounds except for death or personal injury or damage to the extent caused by negligence on the part of the Company or its officers, employees or agents, or any matter in respect of which it would be unlawful to exclude or restrict liability.
11 Parking & Grounds
Up to 10 parking spaces may be made available to the Hirer for the Event. Available spaces should be pre- booked at least one month before the Event. Cars left overnight must be removed by 10 am the following day. The Code of Conduct applies to the grounds of the Hall of which the car park forms part. In particular all children in the area of the car park must be supervised at all times.
12 Smoking and Drugs
Smoking of cigarettes, or vaping is not permitted inside the Hall. Smoking of cigarettes, or vaping is only permitted within the grounds outside of the Hall where external ashtrays are provided for use. The presence or use of any illegal substance may result in immediate cancellation of the Event.
13 Alcohol
It is not permitted to consume alcohol in the Hall, or within the grounds, unless it has been provided by an Approved caterer or bar services provider. Alcoholic and other beverages brought onto the site by the Hirer or any Associated Person for an Event may only be permitted by prior arrangement with the Approved caterer or bar services provider or the Company, for which an appropriate corkage rate will be charged.
13.1 Any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way shall be asked to leave the premises. The Hirer shall be responsible for requiring any person causing such a nuisance to leave the Hall and the grounds. Any Approved caterer or bar services provider or a representative of the Company is authorised to evict any such person from the Hall and its grounds without the Hirer’s consent.
14 Fire and Health and Safety
14.1 The Hirer shall be responsible for the health and safety aspects of the Event and use of the Hall during the Period of Hire. The Hirer will comply with all requests or instructions of the Company or its representatives and any Approved caterer or bar services provider in relation to health and safety matters and where necessary conduct a risk assessment for the Event and use of the Hall, supplying a copy of the same to the Company if requested.
14.2 The Hirer shall ensure they or their appointed representative is familiar with fire alarm points, fire evacuation procedures, routes, refuge points, assembly points, location of telephone, location of first aid kit and defibrillator, and location of the accident reporting book.
14.3 The Hirer shall:
14.3.1 ensure clear and unobstructed access and egress is maintained to all emergency exits in the Hall;
14.3.2 ensure fire doors are not propped or left open at any time;
14.3.3 familiarise visitors with the position of fire alarm points, fire evacuation routes, fire refuge points and the fire assembly point; and
14.3.4 appoint fire wardens trained in emergency procedures.
14.4 The Hirer is advised to carry out a practice evaluation of the Hall if circumstances allow in order to highlight any points of concern.
14.5 The Hall is fitted with an automatic fire detection and alarm system. In the event that the alarm is activated the Hirer is required to assist in the evacuation of the Hall. A copy of the evacuation procedure will be provided to the Hirer and they should familiarize themselves with the location of the exits.
14.6 Emergency exits are clearly marked and situated as follows:
14.6.1 Main entrance
14.6.2 Side entrance adjacent to the kitchens – via the kitchen door
14.6.3 Bar emergency exit
14.7 Should the alarm sound the appointed representatives should assist everyone at the Hall to evacuate the building, leaving calmly by the nearest exit to the assembly point at the entrance to the Hall grounds.
14.8 The Hirer shall, if preparing, serving or selling food, observe all relevant food health and hygiene legislation and regulations. In particular dairy products, vegetables and meat on the premises must be refrigerated and stored in compliance with the Food Temperature Regulations. The Hall has a cold store room available on prior request to the Company.
15 Safeguarding
It is incumbent on all users of the Hall to ensure that all persons are safe from harm and abuse, harassment and bullying. The Hirer undertakes that they will report to the Company, in a timely manner, any safeguarding incident. The Hirer shall ensure that where an Event involves activities aimed at children and/or vulnerable adults, they have appropriate Safeguarding policies or procedures in place (as may be required by the provisions of the Childcare Act 2006 or the Safeguarding of Vulnerable Groups Act 2006) and the activity is positively supported by or supervised by their school, parent, guardian or carer. The Company reserves the right to require production of all relevant policies, consents or checks required for any such activities.
16 Portable Electrical Appliance (PAT) Safety
All electrical equipment, including that which may be used in connection with entertainment activities, brought into the Hall must comply with regulations and have been appropriately tested. As the Hirer please ensure that you bring this to the attention of all concerned with your Event. The Hirer shall ensure that any electrical appliances brought into the Hall shall be safe, in good working order and used in a safe manner in accordance with the Electricity at Work Regulations 1989.
17 Decorations/Advertisements
No fixings are permitted to be attached to any part of the Hall interior or exterior spaces, this includes the use of blu-tac (or similar products). Helium balloons and smoke machines are not permitted. The Hirer shall not carry out or permit fly posting or issue of any other form of unauthorized public advertisements for any Event at the Hall except to the extent approved in writing by the Company. Any artwork or advertising for any public Event at the Hall must be approved by the Company in advance.
18 Florist
Hirers are welcome to arrange to decorate the Hall with floral arrangements. The Hirer is asked to confirm to the Company which florist they have booked and arrange, in advance, access for set up.
19 Candles
A reasonable number of votive candles, church candles, candelabras & tea lights are permitted in their own holders but must be securely positioned on tables or on their own stands on the floor. The Hirer shall notify the Company in advance of any proposed use of candles not being normal table decorations utilised for dining.
20 Caterers
The Company requires that Hirers utilising catering in connection with an Event choose from one of the recommended caterers listed by the Company as Approved. The Hirer is responsible for arranging for the catering direct with their chosen supplier from the list of Approved caterers. The Approved caterer should be confirmed to the Company as soon as the Booking is confirmed. The Company and Charity derive its income for the upkeep of the Hall and the furtherance of its charitable aims from the hire of the hall and from commission chargeable on all services provided at the hall by third-party providers. This means that only approved caterers can provide services at the hall and that they pay a commission to the Company and Charity for the services that they provide to clients and any payments they receive. The charity is the sole beneficiary of any surplus generated at the hall and it is used to support its charitable aims.
21 Data Protection
The Hirer consents to personal contact details to be shared between the Company and any supplier appointed by the Hirer for the event. Personal data supplied to the Company by the Hirer will be held and utilised in accordance with all applicable legislation and regulatory requirements in force from time to time in the UK relating to the use of personal data and the privacy of electronic communications, including (i) the Data Protection Act 2018, (ii) the retained EU law version of General Data Protection Regulation ((EU) 2016/679), and (iii) the Privacy and Electronic Communications Regulations 2003 (SI2003/2426)for statistical analysis, management planning and in the provision of services by the Company and its partners in connection with the Hall.
22 Seating
The Hirer should confirm the seating /table requirements to the Company no later than 14 days in advance of the Event.
23 Animals With the exception of assistance dogs, no animals are permitted in the Hall. Special requests for professionally trained animal “ring-bearers” may be considered and the Hirer must obtain approval from the Company in advance.
24 End of Period of Hire
24.1 The Hirer shall ensure that the Hall is vacated at the end of the Period of Hire and that the Hall and grounds are left in a clean and tidy condition and all equipment, decorations, tables, chairs not supplied by the Company, flowers, other property, goods, materials (including rubbish or packaging) or other items brought onto the premises by the Hirer or any Associated Person are promptly removed from the Hall and in any event within 24 hours unless otherwise agreed with the Company.
24.2 Where the Hire includes use of the kitchen area or any part thereof or crockery/utensils, the Hirer shall ensure that all such crockery, glasses, utensils, appliances are left in a clean and empty condition. An additional charge for cleaning will be payable by the Hirer where the Hirer fails to comply with this clause 24.
25 General Terms
25.1 The Company may from time to time amend or add to these Terms & Conditions of Hire in writing notified to the Hirer.
25.2 The Hirer shall promptly engage with the Company’s representatives regarding matters of Health and Safety, Safeguarding or any other applicable requirements of law or regulation when requested.
25.3 The Hirer shall ensure that their Event complies with all applicable legislation and regulations.
25.4 If any provision of these Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
25.5 No term of this Agreement shall be enforceable under the Contract (Rights of Third Parties) Act 1999 by a person who is not party to this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
25.6 This Agreement will be governed by and interpreted in accordance with the laws of England and the English Courts shall have exclusive jurisdiction with respect to any disputes arising hereunder.
25.7 If the Hirer is dissatisfied with any aspect of the arrangements for the Event for which the Company is responsible or wishes to make a complaint, the matter should be raised in the first instance with the Hall Manager and if no satisfactory resolution is reached, the matter should be referred in writing to the Clerk of the Company at clerk@merchant-taylors-company.com.
APPENDIX ONE: INFORMATION FOR MUSICIANS, DJS AND ENTERTAINERS
The Hirer is responsible for passing on these special Conditions to any musician, DJ or other entertainment booked for their Event.
The Hall is situated close to some residential properties and, in accordance with our premises licence, steps must be taken to ensure that noise from entertainment is kept to a reasonable level.
It is a condition of hire that Entertainers make contact with the Company before the event whether or not they have performed at the Hall before. You are asked to contact the Hall Manager or Events Coordinator on 01904 624889 or 07454 321557 at least 24 hours before the Event. You must arrange a time to deliver equipment and to collect it in order that parking can be facilitated.
We do ask for your cooperation in ensuring that noise from entertainment is kept to as low a level as possible and that the following is adhered to:
Where a booking requires the provision of either a live band or disco, the live band or disco must be performed in the Small Hall only and in conjunction with the noise limiter provided in the Small Hall. Hirers are also required to ensure that all windows and entrances in the building are closed when live music is being performed to ensure egress of noise is minimised.
Background Music only permitted in the Great Hall.
Power may be switched off if any warning given is not respected and adhered to.
It is a requirement that all electrical equipment brought onto the premises has been tested in accordance with current regulations. Checks may be carried out on arrival and any equipment not bearing a current PAT testing will not be permitted for use on the premises.
The Hall does not have any designated changing or storage facilities. If you have any specific requirements please discuss these with the Hall Manager or Events Coordinator directly and in advance of the event. Staff are not permitted to accept any article for safe keeping.
APPENDIX TWO: Code of Conduct
Unacceptable Behaviour
Unacceptable behaviour includes but is not limited to the following
harassment and intimidation, including any verbal, written, or physical conduct designed, intended, or likely to threaten, intimidate, or coerce another Member, guest or third party participating in an event or activity
discrimination or disparaging comments based on gender or gender identity, sexual orientation, age, disability, physical appearance, body size, race, religion, national origin, or culture;
physical or verbal abuse of any Member or guest, employee or third party participating in a Company meeting, event or activity or working at the Hall
other examples of unacceptable behaviour include: inappropriate use of nudity and/or sexual images; threatening or stalking any meeting participant; or sexually harassing anyone
disrespectful disruption of any discussion, presentation, speech or other activity.
Following an event at which there’s been an incident of unacceptable behaviour at an event at the Hall or if unacceptable behaviour is reported after an event
i. the Hirer, event organiser, caterer or Company representative at the event (if one was present) should report any incident to the Company’s Event Director. In consultation with the Clerk and the caterer they will determine whether the Company needs to be consulted or informed of what further action the Hirer takes, if any
ii. the Hirer, following whatever process they deem appropriate or, if required, agreed with the Company and /or caterer at i above, should review and consider what happened and put in place whatever further action or sanctions (of those involved) they believe appropriate. The Event Director should be informed as necessary