Terms and Conditions of Hire

Terms and Conditions of Hire of Public Halls, Library Halls and Community Facilities

 

The acceptance of the booking is subject to the T&Cs which you agreed to, when making a booking

 

 

 

 

In these Terms and Conditions, the following terms shall have the following meanings:

“The Council” means The Mayor and Burgesses of the London Borough of Wandsworth of The Town Hall, Wandsworth High Street, London SW18 2PU.

The “Premises” means the building or buildings of which part or the whole are involved in the hire, as specified in the Application Form.

“The Hirer” means the person named on the Application Form for the hire of the Premises.

The “Agent” means any authorised sub contractor or supplier employed by the Hirer.

The “Council Officer” means the person for the time being appointed by the Council to enforce these Terms and Conditions and to be generally responsible for matters concerning the Council arising out of use of the Premises or otherwise.

“Application Form” means the application form completed by the Hirer for the hire of the Premises and submitted to the Council for its consideration.

“Function” means the event to be held at the Premises by the Hirer throughout the period of hire.

“Charges” means the charges payable by the Hirer to the Council for the hire of the Premises throughout the period of hire, as detailed in the Application Form.

In consideration for the payment of the Charges for the hire of the Premises, the Council agrees to permit the Hirer to hire the Premises during the period of hire on the Terms and Conditions set out herein.

The Hirer agrees with the Council to observe and perform the obligations under these Terms and Conditions.

AGREEMENT OF THE HIRER

In every letting there shall be deemed to be implied on the part of the Hirer an undertaking with the Council to comply with these Terms and Conditions, and any statutory provisions governing use of the Premises and to indemnify and save harmless the Council from all penalties and costs the Hirer may incur in consequence of any default in complying with such Terms and Conditions.

Hirers should be aware that with all commercial hirings the London Intelligence Unit (Inland Revenue) are informed on an annual basis.
Public Halls and Pump House Gallery           Maximum capacity (seated)
1 Wandsworth Civic Suite                                            500
2 Chatham Hall                                                              100
3 Pump House Gallery                                                  70 (weddings)
120 (other events)
Library Halls
4 Balham Library                                                           100
5 Earlsfield Library                                                        80
6 Putney Library                                                            40
7 Southfields Library                                                     30
8 York Gardens Library                                                200/80

Community Facilities
9 Open Door Community Centre                               200
10 Wilditch Community Centre                                 150

Parks Police and emergency contact telephone number: (020) 8871 7532/6789
Terms and Conditions of Hire of Public Halls, Library Halls and Community Facilities

Terms and Conditions for the hire of Premises

1. Applications/Bookings
1.1 All applications must be made using the Application Form available from the Council Officer in charge of the Premises, and must state the rooms and equipment desired and the details of the Function. The Council reserves the right to refuse any application for use of the Premises without the need to specify reasons, or to prescribe special requirements (e.g. indemnities) as necessary, or to cancel a letting without payment of any compensation except as a refund of monies paid by the Hirer.
1.2 No part of the Premises is to be used for any purpose other than the purpose set out in the Application Form.
1.3 No part of the Premises is to be used for any unlawful purpose or in any unlawful way.

2. Deposits
2.1 Deposits are required to secure bookings. When a booking has been secured by payment of deposit, and is subsequently cancelled or the date of the booking is changed by the Hirer, the Council shall retain the deposit paid.
2.2 The deposit will be non-refundable up to the date the Council requires full settlement, and then it may be refunded after the Function has taken place subject to the Council Officer being entirely satisfied as follows:-
(i) the Premises were vacated by the end of the time booked;
(ii) the kitchen and rooms were cleared of all waste and surplus food, crockery, cutlery and containers, and such materials placed in the waste containers provided by the Council or removed from the Premises;
(iii) no damage has been caused to the Premises or contents thereof by the Hirer or (the Agent(s)) persons engaged by or assisting the Hirer;
(iv) the floors, walls, ceilings, carpets and furniture are left without residues of chewing or other gum, adhesive tape or patches, marks or cigarette burns;
(v) that no person present on the premises during the period of hire, whether as the Hirer’s guest, employee, agent or contractor or otherwise, smoked in any part of the premises in contravention of the Health Act 2006.
2.3 A security deposit may be required in addition to a deposit to secure the booking.
2.4 Deposit rates are subject to annual reviews.

3. Payments in full
3.1 The Charges for the hire of the Premises must be paid in full to a minimum of no later than ten weeks before the date of the Function, as detailed in the Application Form.
3.2 Failure to comply with 3.1 will result in the Council reserving the right to cancel the booking and to relet the function date. The Council will retain the deposit paid.
3.3 Any variation in the facilities taken up by the Hirer and resulting in an additional charge will be the subject of a further charge payable on receipt of a written notice sent by the Council to the Hirer.
3.4 Cheques should be made payable to “Wandsworth Borough Council” and should be forwarded, together with the official invoice, to: The Council Officer, as detailed on the Application Form.
3.4 The Charges are exclusive of Value Added Tax (VAT).

4. Regular Bookings
4.1 Payment must normally be made four weeks in advance of the Function,
subject to any other payments terms specified in the Application Form.
4.2 A minimum of four weeks notice will be required to cancel a regular booking.

5. Cancellations or postponements by the Hirer applicable to all bookings
5.1 All cancellations or postponements must be made in writing to the
Council Officer.
5.2 In the event of the Hirer, having paid the Charges, cancels or postpones the booking, a refund will be made at the percentage rate shown in the table below. The sliding scale of refunds for cancellations or postponements before the date of the function if not relet is shown below. These sliding scales apply subject to any other terms specified in the Application Form:
10 weeks and over – Deposit only retained by the Council
6 weeks but less than 10 weeks – 40% of full cost and deposit refunded to the Hirer, remainder retained by the Council
Less than 6 weeks – full cost of Charges retained by the Council, deposit only refunded. At no time will the Council retain a greater amount than the total cost of the booking if the booking is cancelled or postponed by the Hirer.
5.3 If the Council is able to relet the Premises for the date booked, a refund will be made to the original Hirer for the cost of the Function booking, or the difference between the cost of the Function booking and the cost of the newly booked event, whichever is the lesser sum.
5.4 Hirers are required to arrange private insurance to cover the hire of the Premises and the Function for whatever reason a cancellation or postponement may occur, including such events as bereavement.

6. Cancellations by the Council
6.1 If the Council or the Council’s Officers have reason to believe that the use of the Premises is likely to lead to any disorder or disharmony in the Borough or the Council finds that the hiring is or is likely to be of an objectionable or undesirable nature and not in accordance with the stated purpose or that the Hirer is otherwise in breach of any condition of this agreement, the Director of Leisure and Amenity Services may refuse to accept or may cancel the booking, and the amount paid in respect thereof will be returned to the Hirer, who shall have no claim against the Council on account of such cancellation of the booking.
6.2 The Council reserves the right to cancel a booking if the Premises are required in connection with a Parliamentary or local government election or in exceptional circumstances of public importance, or due to circumstances beyond its reasonable control, as determined by the Council in its absolute discretion, and in that event the Council will give the Hirer the maximum notice possible.

7. Subletting
7.1 The Hirer shall not, without the prior written consent of the Council, use the Premises or any part thereof for any purpose other than that stated on the Application Form and the Hirer shall not, without such consent, sublet any part of the Premises to any other person.
7.2 In the event of breach of this condition the Hirer shall forfeit use of the Premises and shall also forfeit to the Council any sum paid by the Hirer for such hire. The Council shall also be at liberty to hire the Premises to any other person.

8. Insurance
8.1 The Council’s public liability insurance cannot be transferred to Hirers.
8.2 The Council accepts no responsibility or liability for the loss, damage or theft of any equipment or other effects associated with the booking. Furthermore, the Hirer shall ensure that equipment hired from the Council is fully insured.

9. Complaints
9.1 Any complaints in relation to the hire of the Premises by the Hirer must be made initially to the Council Officer within two working days of the matter complained of. If the matter complained of is not resolved, the complaint will be passed to the Director of Leisure and Amenity Services in line with the Council’s Complaints Procedure.

10. Advertising
10.1 No poster or announcement advertising the purpose for which the Premises have been hired shall be produced and displayed until it has been approved by the Authorised Officer, and no announcement is to be made before the date of the receipt for the payment of the Charges for the booking. All posters and tickets in connection with the Function shall contain the words “The right of admission is strictly reserved to the Council and the Hirer”. Terms and Conditions of Hire of Public Halls, Library Halls and Community Facilities Terms and Conditions for the hire of Premises
10.2 Regular bookings in library halls will not be advertised in the library to promote the Hirer’s activities.

11. Flyposting
11.1 The Hirer shall not place any fly-posters or display or affix any form of advertising or marketing literature in the streets or on any structure in the vicinity of the Premises. Hirers may be liable to prosecution.

12. Equipment
12.1 All furniture, equipment, etc, brought or sent to the Premises by the Hirer shall be at such times as shall be agreed by the Council Officer.
12.2 The Hirer or any person or persons engaged by the Hirer to provide catering, entertainment or other services must clear all property from the Premises by the end of the times listed on the Application Form.
12.3 In the event of failure to comply with this condition the Hirer shall pay an additional hourly charge for the remainder of the time the property is left on the Premises. The Council shall be entitled to remove any such property not so removed by the Hirer, and the Hirer shall be liable for the cost incurred by the Council in such removal.
12.4 No lighting, heating, power or other electrical fittings or appliances in the Premises are to be altered, moved or in any way interfered with.

13. Catering
13.1 All catering arrangements shall comply with the Food Safety Act 1990,
the Food (General Food Hygiene) Regulations 1995 and the Food Safety (Temperature Control) Regulations 1995.
13.2 The Hirer may engage the caterer of the Hirer’s choice. A surcharge applies whenever food or drink is consumed on the Premises.
13.3 The Hirer is responsible for ensuring that the caterer abides by the Terms and Conditions of this agreement.
13.3 All catering shall remain within the Premises and shall only be provided for those attending the Function.

14. Damage and Loss
14.1 The Premises shall be in the care and custody of the Hirer, who shall accept full responsibility for the preservation of order during the Function and will indemnify the cost of any loss or damage costs or expenses incurred by the Council as a consequence of the Hirer’s use of the Premises.
14.2 The Council cannot in any circumstances accept responsibility or liability for any damage, loss of property, articles or things whatsoever placed or left on the Premises by the Hirer or any other person.
14.3 The Hirer will be responsible for all loss of or damage to property at the Premises or brought on to the Premises or the death or any injury to persons and things at the Premises except where such death, injury or loss is due to the negligence of the Council. The Hirer will indemnify the Council against all such liabilities.
14.4 The Hirer shall inform the Council Officer immediately of any serious injury or dangerous occurrence that affects public safety, as soon as is reasonably practical.
14.5 If any damage is done to the Premises and/or its fittings and effects the expense of making good the damage is to be paid by the Hirer.
14.6 Any alarm or call out charges incurred by the Hirer in respect of the Premises shall be paid by the Hirer.
14.7 The Council Officer is required by the Council to prevent the use of any article, appliance or apparatus and to prevent any event, exhibition or performance which the Council Officer may consider objectionable or dangerous. The responsibilities of the Council Officer in this matter shall in no way absolve the Hirer for the Hirer’s obligations to the Council under any of these Terms and Conditions during the period of hire for matters concerning the use of the Premises.
14.8 For the period of hire, there shall be implied on the part of the Hirer an undertaking with the Council to comply with these Terms and Conditions, and any statutory provisions governing use of the Premises and to indemnify and save harmless the Council from all penalties and costs incurred by reason of or in connection with any default by the Hirer in complying with these Terms and Conditions.
14.9 The Council will not be liable for any loss or damage due to circumstances beyond the Council’s control, including but not limited to any breakdown of machinery, failure of supply of electricity, leakage of water, fire, government restriction or action, riot, war, act of terrorism or act of God, which may cause the Premises to be closed temporarily or the hire of the Premises to be interrupted and/or cancelled.

15. Entry and exit
15.1 The Council reserves to itself the right of entry for its duly authorised employees and the employees of its duly authorised contractor(s) to all parts of the Premises at all times and requires that any ticket-takers employed by the Hirer shall be instructed likewise.
15.2 The Council has the right to state the Maximum Number of guests to be allowed entry on to the Premises, in its absolute discretion, and as detailed in the Application Form.
15.3 The Hirer is responsible for ensuring that all guests leave the Premises quietly and that no rubbish is left outside the Premises.

16. Disabled persons use of the Premises
16.1 For the health and safety of disabled persons (as defined in the Disability
Discrimination Act 1995, as amended) on the Premises the Hirer shall ensure that all disabled persons on the Premises are accompanied at all times by at least one adult that is not mentally or physically impaired.
16.2 Without limitation to the Council’s other remedies under these Terms and Conditions for any breach by the Hirer of the foregoing requirement, the Hirer shall indemnify the Council from and against any expense, liability, loss, claim or proceeding whatsoever incurred by the Council as a result of or in connection with any breach of this Clause 16.

17. Children
17.1 Safety of:
The Hirer, for any entertainment/activity at which children shall be present, shall provide a sufficient number of stewards in the corridors and staircases to control and facilitate the entrance and egress of the audience. Where supervised facilities are operational for children under 8 years, the Hirer shall comply in all respects with the provisions of the Children Act 1989, as amended. Where such facilities operate for two or more hours per day or six full days in one year the provider must be registered by OFSTED. Services where parents/carers remain in attendance at all times are not required to seek registration status.
17.2 Control of:
When children are present at Functions their parents or guardians are required to ensure that the behaviour of the children is kept within reasonable limits, and that children found vandalising the Premises or acting in a disorderly fashion are kept under the direct supervision of their parents or guardians for the duration of the Function and at all times when the children are on the Premises.
17.3 Performances:
Where children under 8 years are in attendance and are not being accompanied by a responsible adult the Hirer will comply with the requirements of the Children Act 1989, as amended.

18. Emergencies
18.1 In the event of a fire, or other emergency situation, the Hirer and associates
must comply with all instructions given by the Council Officer. If directed they must evacuate the building and go to the designated meeting point so all persons who were in the building can be accounted for.

19. Temporary Closing
19.1 In the case of any breakdown, accident or other emergency situation whatsoever rendering necessary the closure of the Premises or an interruption of any engagements either before or during the course of any letting or of any repairs or renewals consequent on any such breakdown etc., the Hirer agrees to hold the Council, the Council Officer and any and all persons acting under the Council’s directions absolutely harmless in every respect.

20. Parking and Deliveries / Collections
20.1 The Hirer shall ensure that motor vehicles are not parked in such a way as to obstruct the entrance or exit ways to and from the Premises or to roadways and driveways and are not parked in such a way as to obstruct the access of emergency services and residents or are in breach of any local parking restrictions. Vehicles and passengers must leave the Premises with the minimum noise and inconvenience.
20.2 The Council accepts no responsibility in respect of the parking of any vehicle, any loss or damage to the vehicle or its contents, or any fee incurred through parking contrary to restrictions.
20.3 The Hirer shall agree in advance with the Council Officer the arrangements
for the deliveries and collections of equipment and supplies.
20.4 No vehicles shall be permitted to park on any grass areas at the Premises at any time.

21. Stewards and Attendants
21.1 The Hirer shall be responsible for provision of such doorkeepers, ticket takers and other staff as may be necessary in the interest of security and good order.

22. Hazards
22.1 If in the opinion of the Council Officer any item brought in or on to the Premises by the Hirer, the Hirer’s agents or guests, is by virtue of its nature, condition or location, a hazard to the Hirer’s staff and/or members of the public, including the Council’s staff, the Council Officer may require the item to be removed.
22.2 The Council cannot accept responsibility or liability in respect of injury caused by any item brought to the Premises by the Hirer, the Hirer’s agents or guests, or any of the employees of any contractor engaged by the Council.
22.3 If strobe lighting is being used appropriate warning notices must be displayed.
22.4 The Council Officer will require any equipment, furniture or items blocking a fire or emergency exit to be removed. Failure or reluctance to do so could result in the Function being terminated by the Council Officer. In this situation the Hirer will not be entitled to any refund or compensation. It should be noted that fire doors should only be opened in case of emergencies.

23. Fire
23.1 The Premises shall not be used for purposes which will involve any increased risk of fire, or vitiate any policy of insurance without previous notice having been given to the Director of Leisure and Amenity Services and the necessary special insurance of the Premises having been arranged, at the Council’s sole discretion.
23.2 The Hirer shall pay any additional premium required in respect of special insurance. No fireworks, including indoor fireworks and pyrotechnics are allowed. No candles are allowed. Use of encased tea lights may be allowed at the sole discretion of the Council Officer.

24. Behaviour
24.1 The Council reserves the right to exclude users who, in the opinion of the
Council Officer, behave in an unacceptable or anti social manner. This also includes unacceptable behaviour by children or young people.
24.2 Failure to follow the instructions of the Council Officer can result in
a) termination of the Function; and/or
b) retention of the deposit paid by the Hirer to the Council.
24.3 Litter shall not be left in or about the Premises.
24.4 Except in the case of trained guide dogs for the deaf and/or blind, and for organised dog training or shows, dogs and any other animal shall not be permitted on the Premises.
24.5 Hirers and any agents of the Hirer are responsible for ensuring that the noise level of the Function and use of the Premises is such that it does not cause interference with other activities around the Premises or inconvenience occupiers of nearby premises.

25. Drugs/offensive weapons
25.1 Illegal substances, knives, guns and any other weapons must not be brought onto the Premises.
25.2 Failure to comply with this Clause 25 can result in
a) termination of the Function; and/or
b) retention of the deposit paid by the Hirer to the Council as well as the
hire charge.
25.3 The Council will notify the appropriate authorities of any breach of this Clause 25.

26. Police/Security
26.1 If the Council considers it necessary it may engage such police constables as it considers necessary to preserve order and the expense incurred shall be paid by the Hirer.

27. Alcohol and Public Entertainment Licences
27.1 The Council reserves the right to prohibit the sale of alcohol on the Premises and no such alcohol shall be sold without the production to the Council Officer of the appropriate licensing documentation obtained for that purpose under the Licensing Act 2003.The Hirer shall comply with all aspects of the Licensing Act 2003 and will obtain the necessary licences required for the Function.
27.2 In order to utilise the Civic Suite Premises Licence, the Hirer shall ensure that a Personal Licence Holder is nominated and present throughout the entire Function, and in possession of the appropriate documentation/licence.
27.3 The Council accepts no responsibility or liability for the cancellation of a booking due to the refusal of a licence.
27.4 Where such a licence or permission has been obtained, the Hirer shall
prohibit the admission by ticket, payment or other wise of any person after 11pm. No alcohol shall be sold on the Premises after thirty minutes before the end of the time shown in writing on the Application Form by which time the Function must end.
27.5 No sweepstake, raffle, tombola or other form of lottery is to be permitted
to take place on the Premises except a lottery for which the Council has provided its prior consent in writing and which is conducted strictly in accordance with the relevant statutory provisions.

28. Dramatic Performances
28.1 The Hirer, in respect of any proposed dramatic performance, shall comply in all respects with the current rules of the Council with regard to the management of places of public entertainment, a copy of which should be inspected by the Hirer at the time of hiring.
28.2 The Hirer shall not infringe any copyright or other intellectual property rights or allow any such rights to be infringed on the Premises. If the Function at the Premises will involve the performance of any works in which intellectual property rights subsist, then it will be the responsibility of the Hirer to obtain prior consent from the owner of those rights and pay all relevant licence fees or royalties prior to the period of hire.
28.3 The Council shall have no liability in respect of such performances, including, but not limited to, any claims that the performance infringes the intellectual property rights of any third party.

29. Performing Rights
29.1 The Council is required to charge the Hirer a fee (6% of the active function time) for any function of which live or recorded music is played. This fee is forwarded annually to the Performing Rights Society. Weddings and other non-fee paying family events such as birthday parties, funerals and christenings, are exempt from this requirement.
29.2 The performance of live or recorded music at any Function must cease thirty minutes before the end of the Function, i.e. the time recorded in writing on the Application Form.
29.3 The Hirer shall not infringe any copyright or other intellectual property rights or allow any such rights to be infringed on the Premises. If the Function at the Premises will involve the performance of any works in which intellectual property rights subsist, then it will be the responsibility of the Hirer to obtain prior consent from the owner of those rights and pay all relevant licence fees or royalties prior to the period of hire.
29.4 The Council shall have no liability in respect of such performances, including, but not limited to, any claims that the performance infringes the intellectual property rights of any third party.
29.5 Showing videos and DVD films for public performances requires permission from the owner (Copyright, Designs and Patents Acts 1988). It is the Hirer’s responsibility to ensure this permission has been obtained.

30. Speakers
30.1 No equipment for the reproduction of amplification of music or other
sound shall be used at any Function except with the express written consent of the Council Officer. All such equipment shall be confined to the area of the stage only, and the Hirer must comply with the requirements of the Council Officer with regard to the volume of sound produced.

31. Noise/Nuisance
31.1 The Hirer shall ensure that the Function remains within acceptable noise levels.
31.2 The Council accepts no responsibility or liability for the cancellation or closure of a Function due to unacceptable noise levels or nuisance.

32. Filming and Photography
32.1 The permission of the Council Officer must be obtained in writing before photographs or video recordings are made or taken on the Premises.
32.2 Filming or photography for commercial purposes shall be subject to the issuing of a separate licence by the Council’s Film Office.

33. Programme Notice
33.1 The following notice shall be printed for the information of the public on the programme of any performance on the same page as the cast or other particulars of the entertainment:– “In accordance with the requirements of the Council:–
(i) The public may leave at the end of the performance or exhibition by all exit doors and such doors shall at that time be open.
(ii) All gangways, corridors, staircases and external passageways intended for exit shall be kept entirely free from obstructions, whether permanent or temporary.
(iii) Persons shall not be permitted to stand or sit in any of the gangways intersecting the seating or to sit in any of the other gangways.”

34. Lighting
34.1 No alteration may be made to the existing lighting arrangements without the specific permission of the Council Officer in writing. Failure to comply with this Clause 34 may result in the forfeit of the deposit, at the sole discretion of the Council.

35. Broadcasting
35.1 Nothing shall be broadcast or televised on the Premises without the prior written consent of the Council Officer, and such consent, if given in the sole discretion of the Council, may be subject to such terms and conditions as the Director of Leisure and Amenity Services thinks fit.

36. Fairs, exhibitions, etc
36.1 Lettings for fairs, exhibitions, etc, shall be subject to any further changes or conditions which the Council’s insurance providers may impose in respect of the extra risk involved.
36.2 Applications for fairs or other similar entertainments shall be accompanied by a plan showing the position of the stalls and other fittings and by a statement as to the proposed construction thereof.
36.3 The following conditions of the Council shall also be complied with:
(i) in the construction of the stalls no thin wood lining and/or division be employed;
(ii) every stall or structure of a like character which is placed within 1.53m of any structure or part thereof, be restricted to a height of 3.66m;
(iii) all roofs be of plaster or other fire-resisting material;
(iv) all hangings used for draping be rendered fire-resistant; and
(v) special arrangements be made to the entire satisfaction of the Council for the extinction of fire.
36.4 Premises may run a changing programme of internal and external contemporary art exhibitions throughout the year. The Council accepts no responsibility for the alteration or cancellation of a booking due to the type or nature of art on display.

37. Decorations
37.1 External and internal decorations, flags, emblems and notices are allowed only with the express permission of the Council Officer in writing.
37.2 No nails, tacks, drawing pins or staples shall be driven into any part of the walls or floors of the building at the Premises, and no preparations shall be used for polishing or altering the floors. No adhesive tape, pads or other substance may be used to affix materials of any sort to any part of the building at the Premises.
37.3 Use of any such items will generate an automatic forfeit of part or all of the deposit paid. The attachment of ropes to columns or beams is expressly forbidden, except by special express permission from the Council Officer in writing. The use of flammable decorations is also forbidden.
37.4 Helium balloons must be removed from the Premises at the end of the Function. If any are left in the building and an alarm is set off the Hirer will be charged any call out charges.
37.5 The Council reserves the right to remove any permitted posters, boards, signs, flags or other emblems or advertisements which become unsightly, in the Council’s sole opinion.

38. Inflatables
38.1 Use of inflatables e.g. bouncy castles, must be supplied by a professional company and must meet Health and Safety requirements for inflatables.

39. Temporary External Structures
39.1 Use of any temporary external structures e.g. marquees shall be agreed in advance with the Council Officer and certain structures may be subject to an inspection by a Building Control Officer.
39.2 The Council accepts no responsibility for the cancellation or closure of a booking due to failure to comply with Building Control Regulations.

40. Cleaning and security
40.1 The Hirer must ensure that at the end of the period of hire, the Premises are clean and returned to their original condition, including the doors and windows of the Premises being secure.
40.2 Any kitchen at the Premises used by the Hirer must be left clean and tidy and cleared of all waste and food, crockery, cutlery and containers and such waste to be placed in the containers provided by the Council.

41. Compliance
41.1 If the Hirer refuses or neglects to comply with any of these Terms and Conditions or with any instructions conveyed to the Hirer on behalf of the Council, the Hirer and the Hirer’s servants may be excluded until the Hirer complies with the same. For the avoidance of doubt, such exclusion does not relieve the Hirer of its obligation under any contract or agreement or these Terms and Conditions.

42. Notices
42.1 All notices, demands or requests by either party to the other shall be in writing and shall be sufficiently delivered by hand or sent by recorded delivery to the address of the Hirer or the Council specified in the Application Form.

43. Council acting by its officers
43.1 The Council may act through any authorised officer and reference in these Terms and Conditions to any approval, discretion, consent or requirement of the Council are deemed to be references to the approval, discretion, consent or requirement of any such officer and anything which the Hirer is required to product to the Council is to be produced to such officer.

44. Termination
44.1 The Hirer’s right to use the Premises under these Terms and Conditions shall cease (without prejudice any rights the Council may have due to breach of the Terms and Conditions by the Hirer or its agents and/or employees) immediately on notice served by the Council to the Hirer at any time following any breach by the Hirer of the obligations contained in these Terms and Conditions.

45. Agreement
45.1 The agreement which is the subject of these Terms and Conditions is personal to the Hirer and the Hirer may not assign its rights or obligations under this agreement to any third party.
45.2 Nothing in this agreement is intended to confer any benefit on any person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999.
45.3 If any provision of this agreement is found by any court or body of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or unreasonable, then it shall be deemed severable and the remaining provisions of the agreement shall continue in full force and effect.
45.4 This agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties consent to the exclusive jurisdiction of the English Courts.
45.5 The Hirer shall comply with all legal and statutory requirements applicable to the hire of the premises and shall indemnify the Council against all actions, claims, demands, proceedings, damages, costs and expenses whatsoever in respect of any breach by the Hirer of such legal and statutory requirements.