Owen Street Community Arts Centre (OSCA)
General Conditions of letting of Owen Street Community Arts Centre
1 Hirer’s Duties
1.1 The Hirer will ensure that
- the number of persons admitted to the Premises will not exceed the maximum number stated on the hire agreement.
- all parts of the Premises hired under this contract are vacated at the end of the period of hire.
- any restrictions on the arrangement of furniture laid down by OSCA are strictly observed.
- any furniture rearranged during the period of hire shall be returned to its original position by the Hirer before the end of the period of Hire.
- all contractors and other persons who enter the Premises at the instance of the Hirer for any purpose connected with the Hiring shall observe all reasonable instructions given to them by OSCA.
- all articles, equipment and other property brought on to the Premises during the period of hire shall be removed before the end of the hire period.
- no nails, tacks, screws, etc shall be driven into any of the walls, floors, ceilings, furniture, fittings and the fabric and furnishings shall not be interfered with in any way without the written permission of an OSCA board member.
- the premises are left in a clean and tidy state at the end of the hire period.
1.2 The Hirer will be responsible for
- The efficient supervision of all persons attending the premises during the period of hire including the effective control of children, the orderly and safe admission and departure of persons to and from the Premises and the orderly and safe clearance of the Premises in case of emergency.
- The safety of the Premises and the preservation of good order and decency therein.
- Ensuring that all exit doors are kept unfastened and unobstructed.
- The provision of the attendants/stewards in agreement as a minimum with the number specified by OSCA on the application form.
1.3 If the Hirer fails to comply with the conditions stated in 1.2 OSCA will
- Charge the Hirer any expense incurred by OSCA as a result of this failure.
- Cancel any other contract for hire of the Premises without incurring any liability to the Hirer other than reimbursement of the balance of hire charges in accordance with condition 1.4.i.
1.4 If the Hirer fails to comply with the conditions stated at 1.2 OSCA will
- Charge the Hirer any expenses incurred in engaging police constables or other persons to exercise the necessary supervision and control.
- Cancel any other contract for hire of the Premises without incurring any liability to the Hirer other than reimbursement of the balance of hire charges.
2 Damage
Any damage to the Premises caused by the Hirer or as a result of the hire agreement shall be paid for by the Hirer. The amount of such damage shall be assessed by OSCA whose assessment shall be binding.
3 Insurance/Indemnity
The Hirer shall indemnify OSCA against all actions, proceedings, claims and demands whatsoever.
Where specified by OSCA as a requirement on the application form the Hirer shall produce the Certificate of Public Liability Insurance to OSCA upon 24 hours notice. OSCA reserves the right to cancel the hire if the Hirer fails to produce a valid certificate of insurance upon demand.
4 Regulations
The Hirer shall comply with all statutory regulations and enactments relating directly or indirectly to the hire of the premises.
5 Copyright
5.1 The Hirer shall not allow
- the use of the Premises for the public performance of any dramatic, literary or musical work for which copyright exists without first obtaining the consent of the owner of the copyright or the agreement of the Performing Rights Society.
- The use of any recorded music without the permission of the Phonographic Performance Ltd.
5.2 The Hirer shall
- comply with all lawful requirements of the copyright owner, the Performing Rights Society and Phonographic Performance Ltd and the Hirer shall fully indemnify OSCA in this regards.
- give OSCA full details of the music to be played or reproduced during the period of hire.
- Shall provide OSCA with an appropriate licence or consent to perform copyright works at least 7 days before the date of hire. If the appropriate licence or consent is not produced OSCA may cancel the contract for hire at its discretion.
5.3 PRS
- Where the rights to music to be used in the Premises are vested in the Performing Rights Society the Hirer shall complete programme return forms and supply to OSCA within 7 days of the hire.
- The Hirer shall indemnify OSCA against all actions, proceedings, claims and demands whatsoever arising out of the performance of copyright works on the premises during the period of hire.
6 Film Shows
6.1 The Hirer shall not show any film, video recording or any other cinematographic presentation unless it fall within one of the following categories
- private film shows
- film shows which are free of charge.
- film shows presented by non-profit making organisations (a certificate from the Commissioners of Customs and Excise must be produced to OSCA prior to the presentation).
6.2 The Hirer must produce to OSCA an undertaking that the presentation falls within one of the above categories. The undertaking must be submitted along with the application for hire.
6.3 The Hirer must give OSCA 14 days notice in writing of the name and subject of the film. OSCA reserves the right to require the Hirer to give a preview of the film to its representatives. If OSCA considers the content of the film to be unsuitable for publication OSCA has the right to reject the application for hire.
6.4 The use of inflammable film is prohibited in the premises.
7 Audio and Video recording and the use of microphones.
7.1 If the Hirer wishes to broadcast by radio, television or audio visual recording of any event the Hirer must obtain the consent of OSCA.
7.2 If the Hirer wishes to use a radio microphone during the period of hire the Hirer must obtain the prior consent of OSCA.
7.3 The above consents will not be given by OSCA unless the Hirer produces a valid Radio Microphone Licence or a Video recording Licence.
7.4 Any radio microphone brought on the Premises must conform to a current DTI Specification.
7.5 Any recording must be in compliance with OSCA’s child protection policy.
8 Sub-Letting
8.1 The Hirer shall not sublet the Premises or any part of it. If the Hirer does or attempts to sublet the Premises the Contract of Hire shall stand cancelled and the charges paid forfeited and the Hirer and Sub-Hirer excluded from the premises.
8.2 The Contract is personal to the Hirer and may not be assigned to any other person or organisation.
9 Gaming
No gaming is allowed except in accordance with the conditions of the Gaming Act 1968 Section 41 when gaming is carried out as an entertainment for raising money to be applied for purposes other than private gain.
10 Intoxicating Liquor
The Hirer must not allow the consumption of any alcohol or intoxicating liquor during the period of hire without
- the prior approval of OSCA
- The obtaining of an Occasional Licence from the Magistrates Court.
- In no circumstances will children be allowed to consume alcohol on the premises.
11 Electrical Systems & Equipment
- No alterations or additions may be made to any electrical or heating system .
- No electrical equipment may be brought onto the Premises by the User without the approval of OSCA. This equipment must be PAT tested by OSCA.
- The Hirer will not be allowed to bring portable heating onto the premises unless specifically approved by OSCA.
12 Usage
The Hirer shall use the Premises for the purpose specified in the application form and no other purpose. OSCA reserves the right to cancel the booking if it appears that the Hirer proposes to use the Premises for any other purpose. The deposit shall not be refunded.
13 Control
OSCA shall have the absolute right to control and access to all parts of the building at all times.
14 Breach of Conditions
OSCA shall have the right to stop any performance or entertainment which is in progress if it appears the Hirer is in breach of these conditions. No refund of the hiring fee shall be payable in this event.