lettings and premises hire policy effective from 1st ......hertswood academy _____ lettings and...

HERTSWOOD ACADEMY _____

Lettings and Premises Hire Policy Effective from 1st September 2019

Author

Shelagh Musk and Joy Cox Committee

Governors’ Committee

Resources Committee

Date of last review

11.06.19

Date of ratification by Governors 24.06.19

Date of next review

To be reviewed January 2020

Notes Interim review January 2020 with full review June 2020

2 Approved by FGB: 24.06.19

Contents 1. Introduction ...................................................................................................................................................... 3

2. Aims ................................................................................................................................................................. 3

3. Responsibilities ................................................................................................................................................ 3

4. Academy Core Times ...................................................................................................................................... 4

5. Areas available for hire .................................................................................................................................... 5

6. Charging rates and principles .......................................................................................................................... 5

7. Consideration for our neighbours and parking ................................................................................................ 6

8. Health & Safety ................................................................................................................................................ 6

9. Application process .......................................................................................................................................... 7

10. Safeguarding ................................................................................................................................................. 7

11. Complaints Procedure ................................................................................................................................... 8

Appendix 1: Opening Hours for Community Sports Facilities ............................................................................. 9

Appendix 2: Areas available for hire and Schedule of Charges ........................................................................ 10

Appendix 3: Terms and conditions of Hire......................................................................................................... 12

Appendix 4: Hire request form: Hertswood Academy Facilities ........................................................................ 14

Appendix 5: Confirmation of Licence template letter ........................................... Error! Bookmark not defined.


1. Introduction

Hertswood Academy moves into its brand new buildings in September 2019 including a community sports centre and community theatre, both of which will be dual use with the Academy.

This policy seeks to ensure the effective use of the Academy’s facilities for students, parents and the wider community out of Academy hours, whilst ensuring that the lettings/hires are not in conflict with the fundamental purpose of the Academy.

This policy does not currently cover the hire for public performance use of the theatre.

2. Aims

We aim to:

Make sure the Academy’s premises and facilities can be used, where appropriate, to support community or commercial organisations particularly in sporting, cultural and educational pursuits

Allow the hiring of the premises without using the Academy’s delegated budget to subsidise this i.e. all lettings must be fully self-financing

Maximise the commercial opportunity for lettings by charging for the use of the premises to cover the full costs of hire and, where appropriate, raise additional funds for the Academy

Not let any hiring out of the premises interfere with the Academy’s primary purpose of providing education to its pupils

Be consistent with the Academy’s Equality Policy, which can be found on its website

Monitor the maintenance of the high standards of the premises and grounds; in the event of any damage e caused to Academy property, the Academy will obtain an estimate for repair and reinstatement. The Academy will require full reimbursement for any necessary expenditure.

3. Responsibilities

Overall responsibility for Academy lettings is held by the Governing Body which monitors this Policy through the Resources Committee. The Headteacher has responsibility to ensure adherence of the Policy and practical responsibility for the Policy is delegated to the Academy Business Manager.

The Academy Business Manager is responsible for:

o managing the day to day lettings of the premises and ensuring effective communication between all parties concerned

o maintaining accurate records for enquiries and bookings

o confirming bookings by letter or email and issuing contracts

o maintaining contact with hirers

o advising hirers of any known hazards in advance

o inspecting public liability insurance and other relevant documentation from hirers including relevant licenses; in the case of long term hirers, all relevant documentation will be inspected annually.

o promoting the facilities to the community

The Finance Manager is responsible for:

o raising invoices and monitoring payments

o advising the Academy Business Manager of any outstanding invoices


o initiating legal proceedings in the case of bad debtors after consultation with the Academy Business Manager.

The Duty Site Representative is responsible for:

o ensuring that all facilities are provided as required by hirers

o monitoring all hirers to ensure all aspects of the contract are adhered to and that facilities are left ready for Academy use

o providing a professional service to users of the Academy’s facilities and ensuring good customer care

o checking that the premises have been left in a safe and secure condition after every hire

o keeping the Academy’s Business Manager informed as necessary

All hirers will be responsible for:

o ensuring that the Academy’s facilities are treated with respect to ensure that other users, especially our students and staff, are not inconvenienced

o reporting any damage, litter or disorder immediately upon arrival to the Duty Site Representative

o ensuring that all furniture is returned to its original position at the end of the hire in accordance with the room plan displayed in that space.

o ensuring that, particularly when classrooms are hired, the Academy’s property, work or equipment is not interfered with in any way

o ensuring the facilities are left clean and tidy

o any damage, loss or additional cleaning arising, directly or indirectly, from their hire and will be fully invoiced accordingly

o ensuring their own equipment is in a safe condition and subject to a valid PAT where relevant

o ensuring their members are competent to use any equipment provided by the Academy

o ensuring they are adequately insured with public liability insurance of at least £5m

o ensuring that, in the case of long term hires, insurance documentation is submitted annually for inspection by the Academy Business Manager

o ensuring they comply with any licensing requirements applicable to the particular activity for which the Academy’s facilities are hired e.g. PRS/PPL, Digital DJ Licence etc.

o ensuring that the hire finishes promptly. The Academy will charge for the extra costs incurred for any delay in ending the hire

o ensuring that no alcohol shall be included in the refreshments available nor sold at any functions without the Academy’s written consent and the necessary licences and approvals, which must be produced by the Hirer and shown to the Academy in advance

o ensuring that refreshments are only consumed in the Restaurant Atrium or, by arrangement, in the Theatre Foyer. No food or drink may be served or consumed in any other parts of the Academy

o ensuring that the Academy is informed in advance if the Media is expected

4. Academy Core Times

The Academy’s core times are 7am – 6pm on Mondays to Fridays during term time.

The Academy will also require use of the buildings to service a schedule of events such as Parents and Open Evenings, Awards Evenings, weekend revision classes and Summer School etc.


Academy premises are generally unavailable for hire during normal term time Academy hours or later than 10pm. This may be extended to 11pm on Friday and Saturday evenings.

The Academy will not be available for hire on Bank Holidays.

All other times are by negotiation and subject to staff availability.

Please see Appendix 1 for Opening Hours for the Community Sports Facilities.

5. Areas available for hire

5.1 Available areas

The Academy will permit the hire of the areas as outlined in Appendix 2.

It is anticipated that the Community Theatre will be available during the latter part of 2020 for public/ audienced performances (e.g. play, showcase, concert etc.) subject to any licensing conditions. These events will generally be managed by the Centre Manager.

5.2 Capacity and charging rates

The capacity and rates for hiring each area are as outlined in Appendix 2

6. Charging rates and principles

6.1 Rates

We may decide that certain organisations or activities can use the premises at a reduced rate, subject to cost considerations and if it supports the core aims of the Academy.

In the case of occasional lettings or events arranged by local primary schools during the Academy day, the hire may be agreed on a no charge basis at the Headteacher’s discretion, subject to cost considerations and if it supports the core aims of the Academy.

Discounts for community groups: the discount will be 10% against the Commercial Rate. Community groups are defined as charities, voluntary groups, youth based clubs and religious groups.

Discounts for long term bookings (in excess of 1 year): the discount will be 10% against the Commercial Rate.

Staff requests: Staff wishing to book the Academy’s facilities will be offered a 20% discounted rate.

Only one discount will be available to any eligible hirer.

All charges will be reviewed annually and set at a commercially viable rate in consultation with the Academy Business Manager; the expectation is that we will increase charges by approx. 5% p.a.

One off bookings: where the Academy receives requests for wedding / family parties etc. each request will be considered on an individual basis and charges settled in advance of the occasion with half payable on booking and the balance 4 weeks before the event date. A £30 administration charge will apply and the Academy will also hold a £500 deposit which is returned if all aspects of the conditions of hire are met. The Academy Business Manager will determine whether, for a one-off event, it is deemed necessary to employ additional staff to cover security and fire marshals, and the Hirer will be charged accordingly. The Hirer will not be permitted to provide cover for these roles.

6.2 Cancellations and Terminations


We reserve the right to cancel any agreed hiring with a minimum of 10 days’ notice. A full refund will be issued for any remaining part of the hire if we do cancel a hire, save for where the Hirer fails to comply with Health and Safety issues (See Section 8)

The Academy shall not be liable for any indirect or consequential losses, including (without limitation) any loss of profits, loss of business or the loss of any revenue arising out of the cancellation of any hire

If the Academy is required, by prior arrangement or by law, to provide accommodation for any person or purposes the right is reserved to cancel at any time any conflicting arrangement for the hire of any or all of the accommodation or services, even if the hiring has previously been confirmed by the Academy, e.g. where an election has been called.

The Academy reserves the right to terminate any hire without notice where complaints are received as to the use of the premises by the Hirer.

The Academy also reserves the right to terminate any hire any time prior to or during the hiring where it is considered that the use of the premises is likely to occasion a risk of disorder or damage or injury to persons or property.

The Hirer of the premises can cancel any hire with a minimum of 10 days’ notice. If less notice than this is given, the licensee shall not be entitled to a refund.

6.3 Review

The revenue raised from lettings will be reviewed, at least annually, by the Academy Business Manager and will be fed into the Academy’s financial reporting, to ensure best value is being achieved.

7. Consideration for our neighbours and parking

The Academy wishes to maintain a good working relationship with our neighbours and, accordingly, the Governors reserve the right to refuse further bookings from a Hirer and his/her organisation in the event that the Academy considers that this requirement has been breached.

The Headteacher will be required to grant consent for an application to use the Academy’s facilities beyond any published times, subject always to staff availability.

Parking is permitted on site in designated areas. Vehicles must not be parked where they will cause an obstruction. The Academy cannot accept liability for valuables or possessions that are lost or damaged in any way on or off the Academy premises.

In the event that on-site parking is full, users of the Academy’s facilities are respectfully requested to park with due consideration for parking restrictions and the local residents in the vicinity of the Academy.

8. Health & Safety

The Academy has a responsibility to work within the framework of the law; the Academy reserves the right to cancel any future hires, without refund, where the Hirer fails to comply with Health and Safety issues

No smoking is permitted anywhere on our site

The Academy prohibits the use of fireworks.

No naked flame candles are permitted for use on site.

Hirers are responsible for arranging any first aid provision for the members of their organisation. In the event of an emergency, first aid items are available from the Duty Site Representative. The Academy’s telephone system may be used in the event of an emergency.

Should the Hirer need to call the emergency services during a hire, the Duty Site Representative must be informed.


The Academy requires that any electrical equipment used by the Hirer has a valid PAT.

Where it is deemed necessary to employ additional staff to cover security and fire marshals, the Hirer will be charged accordingly. The Hirer will not be permitted to provide cover for these roles.

The Academy Business Manager, in consultation with the Duty Site Representative, will monitor the number of people on site with regard to safety in the event of a fire and insurance.

See Appendix 3 for full Terms and conditions.

9. Application process

Those wishing to hire the premises should fill out the hire request form, which you can find in Appendix 4 of this policy, and read the terms and conditions of hire set out in Appendix 3.

The Hirer should fill out and sign the hire request form and submit it to the Academy office. Approval of the request will be determined by the Academy Business Manager who will provide confirmation of the hire/licence to use the premises.

Whilst every effort will be made to accommodate all requests, the Academy and current hirers are given priority. Other considerations include: the type of event; the availability of site supervision, other conflicting hires and the suitability of the accommodation available.

If the request is approved, we will contact the Hirer with details of how to submit payment and make arrangements for the date and time in question. A holding deposit of 10% will be required on acceptance of the hire with full payment required no later than 10 days before the hire starts. For large one-off events, full payment will be required at least 4 weeks in advance. Payment will be accepted by electronic bank transfer.

We will also send on details of the emergency evacuation procedures and other relevant health and safety documents. The Hirer will also need to provide proof of their public liability insurance for at least £5m together with other requested documentation e.g. PRS/PPL licenses etc.

In the event that a Hirer does not have public liability insurance for a small one-off hire, the Academy will arrange cover by way of an extension under its own policy for Hirers Liability which will provide an indemnity to the Hirer. The Academy will charge a fee of 7.5% of the hire fee for providing this cover.

We reserve the right to decline any applications at our absolute discretion, in particular where the organisation does not uphold the values of the Academy, or reputational damage may occur.

Specific arrangements will be in place for the Community Theatre and potential hirers should contact the Centre Manager on 0208 238 7200 or via the website (details available during 2020)

10. Safeguarding

We are dedicated to ensuring the safeguarding of our students at all times.

It is the responsibility of the Hirer to ensure that safeguarding measures are in place while hiring out the space.

All hirers who provide activities for children and young people are required to complete the Application for Hiring facilities form which indicates they have a Child Protection /Safeguarding Policy. If there is a chance that those hiring the premises will come into contact with students, for example if the hire occurs during Academy hours, or when students may be present in the Academy (during after school clubs or extra-curricular activities), we will ask for confirmation that the Hirer has had the appropriate level of DBS check.


11. Complaints Procedure

In the event of a hirer being dissatisfied with the facilities or service, the Academy will investigate in line with the Complaints Policy, which can be found on the Academy’s website at www.hertswoodAcademy.org

http://www.hertswoodacademy.org/


Appendix 1: Opening Hours for Community Sports Facilities

Indoor Sports Facilities

Term Time Monday to Friday

Saturday

Sunday

6:00pm to 10:00pm

9:00am to 10:00pm

9:00am to 8:30pm

Holidays Monday to Friday

Saturday

Sunday

9:00am to 10:00pm

9:00am to 10:00pm

9:00am to 8:30pm

Outdoor Sports Facilities

N.B. Only available from January 2020 at the earliest – times and availability to be confirmed.


Saturday

Sunday

6:00pm to 9:00pm

9:00am to 9:00pm

9:00am to 7:00pm


Saturday

Sunday

9:00am to 9:00pm

9:00am to 4:00pm or 9:00pm (seasonal)

9:00am to 4:00pm or 9:00pm (seasonal)

Multi-Use Games Area


Saturday

Sunday

5:30pm to 8:30pm

9:00am to 8:30pm

10:00am to 1:00pm


Saturday

Sunday

9:00am to 8:30pm

9:00am to 8:30pm

10:00am to 1:00pm

Access to the Facilities outside of these times can be agreed in advance when the Facilities are not

needed for Academy use and appropriate safeguarding arrangements are in place.

Access to the outdoor facilities will be dictated by daylights levels as, with the exception of the artificial

grass pitch, they are not floodlit.

Provision will be made for (a) a 2 week closure in August to facilitate necessary maintenance and (b) a

potential closure over the Christmas period.


Appendix 2: Areas available for hire and Schedule of Charges

Facility Hourly Costs

Hirers must include all setting up/preparation time and clearing up time at the relevant rate for each facility.

Facility Capacity Commercial Rate

Community Groups

Theatre space – weekly sessions only (see separate tariff for performances and events – to be published in 2020)

270

Monday – Friday until 6pm (school holidays

only)

£35.00

£31.50

Monday – Friday 6pm – 10pm

£40.00

£36.00

Saturdays or Sundays 9am – 6pm

£40.00

£36.00

Saturdays or Sundays 6pm – 10pm

£50.00 £45.00

Theatre Foyer (Refreshments by prior arrangement with charge for cleaning)

£30.00 £27.00

Restaurant Atrium (Refreshments by prior arrangement with charge for cleaning)

Starts at £100

Starts at £90

Entrance Atrium Starts at £50

Starts at £45

Sports Hall + VAT for any booking less than 10 consecutive weeks Whole hall £50.00 £45.00

With Cricket Nets £55.00 £49.50

1/3 Hall £20.00 £18.00

Classroom 30

Monday – Friday 6pm – 10pm during term time

£25.00 £22.50

Weekends & School Holidays 9am - 6pm

£30.00 £27.00

Opportunistic Learning Spaces (open teaching areas)

30 £40.00

£36.00

Specialist Classrooms

30 40.00 36.00

Gym / Dance/ Studio

30.00 27.00 + VAT for any booking less than 10 consecutive weeks

Activity Studio £30.00 27.00 + VAT for any booking less than 10 consecutive weeks

Squash Court £12.50 - + VAT for any booking less than 10 consecutive weeks

Badminton Court £12.50 - + VAT for any booking less than 10 consecutive weeks


Sports Field £125.00

£112.50

+ VAT for any booking less than 10 consecutive weeks

MUGA + VAT for any booking less than 10 consecutive weeks 1/3 £40.00 £36.00

Whole – minimum 2 hrs £100.00 £90.00

Tennis / Cricket Not yet available

+ VAT for any booking less than 10 consecutive weeks

Other Services: Subject to VAT where additional services are supplied.

Cleaning (events)

£130 – 2 cleaners per

event

£130 – 2 cleaners per

event

Extra Fire Marshals ( as deemed necessary for large

one-off events)

£10 per marshal

£10 per marshal

Security( as deemed necessary for large one-off

events); minimum £240

£20 p.p.p.h. £20 p.p.p.h.

Technician’s Time £25p.h £25.00p.h


Appendix 3: Terms and conditions of Hire

The following terms and conditions must be adhered to in the hiring of the Academy premises. Any breach of these terms will result in cancellation of future hires without refund.

1. “Hirer” means the person or entity identified in the relevant hire request form.

2. The hirer shall pay the full amount as stipulated by the Academy, and shall not be entitled to set off any amount owing to the Academy against any liability, whether past or future, of the Academy to the licensee.

3. The hirer shall occupy the part(s) of the premises agreed upon as a non-exclusive licensee and no relationship of landlord and tenant is created between the hirer and the Academy by this licence.

4. The hirer shall not sub-licence any of the premises under the licence.

5. The hirer shall not use the premises for any purpose other than that agreed upon in the licence, as set out in the hire request form.

6. Any additional uses of the premises not agreed in writing by the Academy will result in the immediate termination of the licence.

7. The Academy shall retain control, possession and management of the premises and the hirer has no right to exclude the Academy from the premises.

8. The hirer shall be responsible for all matters relating to health and safety and shall be responsible for those in attendance during the specified time and must take out its own public liability insurance with a reputable insurer approved by the Academy and, where requested by the Academy, shall provide of copy of the relevant insurance certificate no less than 10 days before the start date of the licence.

9. The hirer shall not conduct, nor permit or suffer any other person to conduct, any illegal or immoral act on the premises, nor any act that may invalidate any insurance policy taken out by the Academy in relation to the premises.

10. The hirer shall indemnify and keep indemnified the Academy from and against:

a. any damage to the premises or Academy equipment;

b. any claim by any third party against the Academy; and

c. all losses, claims, demands, fines, expenses, costs (including legal costs) and liabilities, arising directly or indirectly out of any breach by the hirer of the licence or any act or omission of the hirer or any person allowed by the hirer to enter the premises

11. Save that nothing in the licence shall exclude or limit either party’s liability for personal injury or death arising from the negligence of either party or any other liability that cannot be excluded by law, the Academy shall not be responsible for any losses of a direct or indirect nature, and its maximum liability to the hirer shall not exceed the total fees paid or to be paid to the Academy by the hirer under the licence.

12. Any cancellations by the hirer received with less than 10 days’ notice will not be refunded.

13. Any cancellations by the Academy made with at least 10 days’ notice will be refunded.

14. The hirer will read the emergency evacuation procedures and be ready to follow them in the event of a fire or other similar emergency.

15. The hirer will leave the premises in the condition it was found in, leaving the area clean and tidy and not leaving any of their own equipment behind.

16. The hirer shall not display any advertisement, signage, banners, posters or other such notices on the premises without the prior written agreement from the Academy.

17. If the hirer breaches any of the terms and conditions the Academy reserves the right to terminate the licence and retain any fees already paid to the Academy, without affecting any other right or remedy available to the Academy under the licence or otherwise.


18. The hirer shall observe the maximum capacity rules of the part(s) of the premises being hired and not allow this to be breached.

19. The hirer will acquire all appropriate additional licenses for any activities they are running, including those required for use of any third party intellectual property.

20. The hirer is responsible for carrying out any risk assessments of the premises relating to the activities they are running.

21. The hirer shall comply with all applicable laws and regulations relating to its use of the premises.

22. The Academy’s Lettings and Premises Hire policy, the relevant hire request form submitted by the hirer and the relevant hire confirmation letter issued by the Academy shall apply to and are incorporated in the licence.

23. This licence shall be governed, construed and interpreted in accordance with the laws of England and Wales.

24. The Academy and the hirer irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from this licence.


Appendix 4: Hire request form: Hertswood Academy Facilities

Before filling out a request form, please familiarise yourself with our Terms and Conditions for the hire of our premises and our rates of hire, which you can find in Appendix 3 and Appendix 2 of this policy. If you have any questions, please contact Shelagh Musk, Academy Business Manager, [email protected]

Full name of applicant/organisation and company number (where applicable)

Purpose or activity of organisation

Nature of Function

Dates required

Number of expected participants in the activity for each space requested

N.B. Please ensure you include all setting up/ preparation time and clearing up time.

Accommodation Tick if required

Function Time For office use only

From To Charge VAT

Theatre space – weekly sessions only.

(For performances, shows and events - to be confirmed in due course)

Theatre Foyer

Restaurant Atrium

Entrance Atrium

Sports Hall

Gym/ Dance Studio

Activity Studio

Squash Court

Badminton Court

Classroom

Opportunistic Learning Spaces

Specialist Classrooms

Sports Field – specify which part

MUGA – specify how many pitches

(Tennis Court / Cricket Pitches)

Available in due course

Services: - usually for events

mailto:[email protected]


Cleaning Extra Fire Marshals Security (minimum £240) Technician’s Time

Additional equipment you will require from the Academy (please note we may not always be able to provide this but will inform you where this is/is not possible)

Additional equipment you will be providing yourself.

N.B. Electrical appliances need to have a valid PAT.

Charge per occasion

Total charge

VAT

Deposit required

Public Liability Insurance

The Hirer is required to hold Public Liability Insurance with a minimum cover of £5m and to let the Academy have a copy of the insurance certificate prior to the hiring. If this is not produced, the Academy will arrange cover in advance of the hiring and a charge of 7.5% of the hire fee will be made. No hiring can take place without this insurance cover arranged either by the Hirer or through the school.

NB: If any of the above services are to be used, the Academy must be satisfied that a competent operator and/or electrician is in charge before such use commences. An extra charge is made for these services.

I have read the Terms and Conditions, which I accept on behalf of the organisation named above. I wish to apply for the use of the accommodation and/or service specified above and any special conditions required. I agree to pay the charge according to the scale in force at the date of the hire, payable 10 days prior to the event taking place. I am over 18 years of age.

Name: Address

Signed (Organiser) Date

Contact Tel: Email address:

Name and address of person to whom account should submitted if different to above

Signed on behalf of Hertswood Academy

Shelagh Musk

Academy Business Manager

Date

Please return this form via email to [email protected] or to the Academy office at Hertswood Academy, Cowley Hill, Borehamwood, HERTS, WD6 5HX. We will be in touch to inform you if your application is successful, and if so details of the full cost and documents that will need to be shared.

Hertswood Academy: a company limited by guarantee. Registered in England: Company no 7992852

mailto:[email protected]

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