1. Application
The right to use the premises is subject to an application on the required form signed by the proposed hirer undertaking to comply with these conditions. If the proposed hirer is a club the application must include the personal undertaking by the president and secretary of the club.
2. Security bond
The bond shall be paid by the hirer within ten (10) days of making the booking as a guarantee of fulfilment of these conditions, as security against damage to the building or any fittings and furniture contained therein, and for any cleaning arranged by the committee resulting from the hirer’s use of the premises. Failure to pay such bond within the required time shall result in only a tentative booking being made and therefore does not secure the use of the facility. The hirer shall be liable to pay any further amount in excess of such a bond to meet the full cost of damage or cleaning. If there is no breach of the conditions of usage or damage to the building or any fittings and furniture therein or abnormal cleaning the bond will be returned within two (2) weeks of the use of the premises.
3. Hire fees
Hire fees shall be in accordance with the fees displayed on Swan Hill Rural City Council’s website and shall be payable four (4) weeks prior to the date of the function.
4. Minimum booking time
The minimum booking time is forty eight (48) hours.
Bookings requested with less than 48hours notice, may not be accepted.
5. Use of facility after engaged time
If the area is not vacated by the nominated time, the hirer may forfeit the entire bond.
Every consideration must be given by people using and vacating the area to the residents who live nearby in regard to minimising noise and unruly behaviour.
6. Cancellation of booking
Cancellation of a booking must be made in writing at least 14 days prior to the date of the function otherwise. Council may cancel any booking when the facility is required for due to a national or regional emergency even when these conditions of hire may have been accepted and signed and the hire fee paid. It is a condition of hire that the hirer agrees to accept Council's right to cancel any booking and the hirer will be held to have consented to such cancellation and to have no claim at law or in equity for any loss or damage in consequence of such cancellation. In such circumstances the security bond and booking fees already paid to Swan Hill Rural City Council will be refunded in full.
7. Insurance
The Hirer shall, at all times during the Agreement Term, be the holder of a current Public Liability Policy of Insurance (“The Public Liability Policy”) to cover legal liability to third parties for personal injury or property damage as a result of an occurrence in connection with the business of the insured, as specified in the Public Liability Policy in the name of the organisation / hirer providing coverage for an amount of at least Twenty (20) million dollars. The Public Liability Policy shall extend to cover Swan Hill Rural City Council in respect to claims for personal injury or property damage arising out of the negligence of the organisation/hirer.
- Certificate of Currency; must be annexed to this agreement, and form part of the agreement. A “Certificate of Currency” containing the ‘Special Provisions’ indemnity endorsement shall be provided to Council prior to granting of this hiring/ permit/lease/agreement. The endorsement shall be in the following form. The Policy is extended to indemnify the Swan Hill Rural City Council in respect of any claim indemnifiable under the policy brought in respect to personal injury or damage to property caused by an occurrence arising directly and solely out of negligence acts, errors or omissions of the Insured. This extension does not extend to any negligent acts, errors or omissions of the Swan Hill Rural City Council its staff or agents themselves.
- Council Community Liability Insurance - The Hirer may be able to take out a public liability policy with Council (subject to eligibility).
8. Indemnity and hold harmless
The hirer is responsible for any accident, loss, damage sustained to any person or property or any injury sustained by any person using any part of the facility during the currency of the hiring, notwithstanding that such event arose from or by reason of any defect in the furniture, fittings or other accessories of any kind, and the hirer hereby forever releases, discharges, indemnifies, and holds harmless Council, its servants, Councillors, agents and contractors against all claims and demands made or the costs or expenses incurred in connection therewith. Without limiting the former that includes:
- any legal liability whatsoever arising from the participation or use by the hirer and/or any other persons associated with the hirer, and in the activity of conducting the business operation at, and / or occupying the facility and in all activities in connection therewith, due to any cause;
- any and all loss, damage, expenses, claims, demands, actions and causes whatsoever which might be made or instituted or suffered or incurred or sustained by any person or body for injury, loss or damage arising in any manner for the said participation or use;
- all loss or damage to any property, buildings, equipment or materials of Council and/or any other persons on or outside the location caused by the hirer and/or any persons associated with the hirer due to the said participation or use; and
- any and all loss, damage, injury or illness, including death, sustained or incurred by the and/or any person associated with the hirer arising in any manner from the said participation or use/hire or occupation.
- in addition, the hirer must not do or neglect to do or permit to be done or leave undone anything, which will affect Council's insurance policy or policies relative to fire or public risk in connection with the facility. The hirer hereby indemnifies Council to the extent that such policies are affected through any such act of commission or omission.
9. Acts and regulations
The hirer shall conform to the requirements of the Building Code of Australia, Health Act, Local Government Act, any Local Law/By-law or Regulations and all other statutory rules, provisions and regulations of the Commonwealth of Australia or State of Victoria for the time being in force and shall be liable for any breach of such Acts, Local Laws/By-laws or Regulations.
10. Obstructions
The hirer shall comply in every respect with regulations under the Building Code of Australia with regard to public buildings for the prevention of overcrowding and the obstruction of gangways, designated exit doors, passages, corridors, or of any part of the premises. Any person causing an offence against such regulations shall be removed from the premises.
11. Adult supervision
Hirers under the age of 18 years must have the application form referred to in Clause 1 completed by an adult who will be supervising the function. The person completing the application form and whose signature appears on the document is subject to these terms and conditions.
12. Gambling
No game of chance, at which either directly or indirectly money is passed as a prize, shall take place in any part of the premises. With the exception that this clause shall not prevent the hirer using the premises for games of bingo or equivalent providing relevant permits have been obtained.
13. Theft
Neither Council nor its staff shall be liable for any loss or damage sustained by the hirer or any person, firm or corporation entrusting to or supplying any article or thing to the hirer by reason of any such article or thing being lost, damaged or stolen.
14. Refusal to grant hire and to sublet
Swan Hill Rural City Council reserves the right to refuse applications for hire. No portion of the facility hired may be sub-let or any booking transferred or assigned without the prior consent of Council.
15. Good order
The hirer shall be responsible for the full observance of these conditions and for the maintenance and preservation of good order in the building throughout the whole duration of the period of use.
No spitting, obscene or insulting language or disorderly behaviour or damage to property shall be permitted in any part of the building.
Council reserves the right for its Council officer on duty to remove such offenders and any costs associated with the removal of these offenders must be paid by the hirer.
16. Cleanliness
The hirer is responsible for leaving the premises in a clean and tidy state and shall immediately remove all rubbish, refuse and waste matter. Any cost incurred by the committee in cleaning the premises resulting from the condition in which the hirer left the premises shall be recoverable from the hirer.
Alan Garden Netball Courts: Users are required to undertake an inspection of the court precinct before use. In addition, users are responsible for removing any rubbish from the court precinct after use and ensuring the netball pavilion (kiosk, change rooms, toilets) are left in a neat and tidy condition at the duration of use. If the netball courts and pavilion are left in a poor condition and an additional clean is required, the responsible user groups will incur a cleaning fee to cover the cleaning service expenses incurred.
Community Tree: It is the hirers’ responsibility to ensure that the Community Tree and surrounding area is left in a clean and tidy condition at the conclusion of the hire. The hirer shall ensure:
- That all rubbish is removed from the area.
- That the sink and tapes located inside the tree are wiped down and left clean.
- That the tables and seats (including the trestle tables, if used) are wiped down and left clean
- That the pavers/floor area is free of grease, oil, fat and any other spills.
The trestle table can be collected from Swan Hill Rural City Council Offices located at 45 Splatt Street Swan Hill. You will need to arrange transport of the trestle table between Council’s office and the Community Tree. Care should be taken when moving around the trestle table and fixed concrete stools to ensure your safety.
If the pulls down blinds (located around the top of the tree) are required, a representative from Council will ensure the blinds are pulled down at the commencement of the hire and put back up at the conclusion.
17. Damages
The floors, walls, curtains or any other part of the premises or any fittings or furniture shall not be broken, pierced by nails or screws or in any other way damaged.
The hirer shall accept full financial responsibility for damage to the committee property except for normal wear and tear.
Community Tree: The hirer shall be responsible for reporting any damaged caused to the Community Tree or surrounding area to Council. Where damage is caused by the hirer, the costs of such repair or replacement shall be at the hirers sole cost. The costs associated shall be taking out of the bond before any remaining bond money is released to the hirer.
18. Signage
No notices, signs, advertisements, scenery, fittings or decorations of any kind shall be erected on or in the premises or attached or affixed to the walls, doors or any other portion of the premises, fittings or furniture, without prior consent of the nominated committee member.
19. Smoking
Smoking is not permitted in any buildings.
20. Liquor
Hirers will need a permit if liquor is being served or sold on the premises in any way. The event organiser is responsible for the service of alcohol at your event. The Liquor Control Reform Act 1998 stipulates that anyone selling or serving liquor needs to obtain the correct license. A liquor license is required whenever liquor is supplied either directly or as part of an inclusive charge.
There are different types of licenses required for certain types of events or selling arrangements.
- Temporary Limited Liquor License: Apply to the Victorian Commission for Gambling and Liquor Regulations (VCGLR)
- Events License: Apply to the Victorian Commission for Gambling and Liquor Regulations (VCGLR)
- Consumption of Liquor Permit: Apply to Swan Hill Rural City Council Local Laws Unit,
Victorian Commission for Gambling and Liquor Regulation (VCGLR) or phone
1300 182 457.
The liquor licence must be displayed where the alcohol is being sold for the duration of the event. It is the responsibility of the hirer to ensure compliance with liquor licensing
Serving of liquor is not permitted on any premises that falls within in an alcohol free zone without a special permit which will need to be obtained from Swan Hill Rural City Council by writing to the Manager Regulatory Services P.O. Box 488, Swan Hill, VIC 3585, at least four (4) weeks prior to your booking. This special permit does not replace a Liquor Licence.
The Victorian Commission for Gambling and Liquor Regulation provides a Safe Function Guideline
21. Security
Different types (and scale) of events require different levels of security and this should be determined as part of your event's Risk Assessment and detailed in your Emergency Management Plan. You may need to engage a security company to manage the crowd.
The number of security staff you need will depend on the number of patrons. The general rule is two security guards for the first 100 patrons and then one guard for every 100 patrons, however there may also be ratios that are specified via Liquor Licensing Victoria.
22. Serving food
Where the hirer is serving any food for sale, approval must be granted by Council’s Public Health Services Department, at least 5 days prior to the date of hire.
Community Tree: The hirer shall provide their own BBQ if required. It is recommended that a piece of cardboard or mat be laid under the BBQ to ensure no fat or food is spilt on the pavers.
23. Waste management
If you are holding an event that will generate waste, you must organise your own waste and recycling bins and the clean up/collection of the bins through a commercial waste management company. If extra collections and clean up of waste produced by the event is required, the charges will be passed onto the event holder.
24. Disputes
In the event of any dispute or difference arising as to the interpretation of these conditions or of any matter or thing contained therein the decision Council thereon shall be final and conclusive.
25. Electrical equipment
All electrical equipment brought into the Venue must be tested and tagged in accordance with Australian/New Zealand Standard 3760.
26. Keys
Keys are required to be collected from Council’s Splatt Street Office not more than 24 hours prior to your scheduled booking and must be returned to Council’s Splatt Street Office within 24 hours after your booking. Weekend hirers shall collect the keys after 12 noon on Fridays and shall return the keys by close of business on Monday.
The Hirer will be responsible for the costs of replacing lost or damaged keys.
Lost or damaged keys will incur a fee.
Alan Garded Netball Courts: If the security of the netball pavilion is compromised due to lost keys, the user group responsible will be liable for costs associated with re-keying the building.
