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Emmanuel CE Primary School


Lettings and Community Access Policy

Policy Reviewed by Governors: March 2013

Review due: Yearly







Statement of Intent

As a church school we want to encourage the use of our school for community cohesion and to support the local community.

Appendixes

  1. Booking Procedures Check List and forms

  2. Application form for the use of the school premises

  3. Lettings Invoice

  4. Reminder Re: Lettings Invoice

  5. Confirmation of Booking to let school premises

  6. Hirers Agreement

  7. Conditions of Letting School Kitchen in the main hall

  8. Insurance Cover for School Lettings

  1. Introduction

The Governing Body of Emmanuel CE Primary School is keen to see that the premises at our school are used for the benefit of the whole local community. The education of children is the prime purpose of our school, however we believe education is a life long process which should be open and accessible to all. This policy sets out the facilities available; the charges and the responsibilities of the Governors; and the users when the school premises are hired.

The use of our school premises at all times is under the control of the Executive Head, Head of School and the Governing Body of our school. (Education Act 1986, sect.42 no.2)

Our lettings policy operates within the framework of the London Borough of Camden’s Equal Opportunities Policy.

The Sex Discrimination Act 1985 and the Race Relations Act 1976 apply throughout this policy and will be adhered to throughout all stages of our lettings procedures.

Having regard to our duty under the Race Relations Act 1976 (but without prejudice to our duties under the Representation of the People Act 1983) the Governing Body will not let the school premises to organisations whose purpose is, amongst other things, to encourage racial discrimination and/or disharmony between persons of different religious/racial groups, or are otherwise involved in activities prejudicial to good race relations.

In deciding whether or not to let our premises the Governing Body will also have regard to the likelihood of any damage being caused to the premises, or neighbouring premises, and any nuisance that may arise, as a result of accepting the booking.

In any event, the Governing Body reserves the right to require a reference from a Local Authority or other reputable hirer, before any booking is accepted.

We will consider letting to any group able to comply with the terms and conditions outlined in this policy. These terms and conditions are clearly stated in our Conditions of Usage and Booking procedures documents, which will be sent out with all application forms.

The criteria for bookings will need to be discussed and decided upon by the Executive Head and Head of School/ Governing Body. On doing so, they will wish to consider such groups as:-

  • parents attached to the school

  • people living in the school’s local community

  • groups associated with the Parish of Emmanuel

  • voluntary organisations

  • single parent support groups

  • self help groups

  • women’s groups

  • people with a disability

  • ethnic minority groups

  • low income groups

  • children’s groups

  • youth groups

The final decision on compliance lies with the Executive Head, Head of School and Governing Body.

  1. Conditions of Booking

Once you, the Hirer, have accepted a permit to use the school premises, you are automatically bound by all terms and conditions of usage of the premises. The Governing Body have the right to vary these terms and conditions at any time.

The person signing the application form, on behalf of their organisation, (then known as the Hirer) is personally responsible for ensuring that all terms and conditions of our lettings policy are adhered to.

The requirements of the school Governing Body on or in connection with the issue of licenses for public dancing, music or any public entertainment must be strictly fulfilled. As those licenses lay down stringent regulations, the hirer must study the regulations of the Local Education Authority on the issue of licenses for such purposes.

The hirer must arrange public liability insurance to protect the hirer against third party claims for loss, damage, injury or death arising out of the use of the premises for not less than £2 million, and to provide an indemnity cover in respect of damage to the premises hired for not less than £2million where such damage can be attributed to the negligence of the hirer or his/her employees or agents; indemnity should be extended to include the governing body of the school.

The hirer shall indemnify the Governing Body of the School against all claims, loss, damage or injury which may be brought against or suffered by the Governing Body arising from or in consequence of their hiring of the school premises or equipment; the cost of reinstating or replacing any part of the premises or any property which shall be damaged, destroyed or removed during the period of the hiring of the premises; any infringement of copyright which may occur during the hiring (if applicable).

The Governing Body will not accept responsibility for any loss of or damage to any property owned by any person using the premises during the period of the letting. Property shall be brought on to the premises at the sole risk of the owner.

The hirer must make sure that all users are aware that they are solely responsible for the security of their personal property. If tickets are issued for any event, this statement should also be printed on the ticket.

The hirer is responsible for informing the Governing Body, of any person sustaining injury or loss on the school premises during the period of the let. This information must be presented in writing to the Governing Body within 24 hours of the event. Any further information required by the Governing Body must be made available on request.

Alcohol may not be consumed on the school premises without the written permission of the Governors It is the responsibility of the hirer, on behalf of the recognised organisation, to obtain any necessary license for the sale of alcohol, which must be presented to the school prior to the event.

The hirer is responsible for obtaining all necessary licences and copyright consents. The Governors are entitled to require proof of a licence and copyright consent 48 hours before the hiring.

Licences are issued by the local authority and are usually required for:

  • Any function at which alcohol is sold;

  • An entertainment advertised to the general public, whether on payment or otherwise.

Licences are not required for:

  • Bazaars, jumble sales, car-boot sales, bingo, whist-drives etc where the proceeds are for the school;

  • Wedding receptions, private parties.

Copyright consent may be obtained from the Performing Rights Society

The hirer and the guarantor shall indemnify and keep indemnified the Council, Education Committee or the Governing Body from and against all costs, claims and demands which may be made against the Council, Education Committee or the Governing Body for any breach or infringement of copyright.

The Governing Body may cancel any permission granted to use the premises:-

  1. If it should appear that the same or any part thereof will be required for public or official purposes whether of the Local Authority or Governing Body or otherwise or by any body or person having a statutory right of user.

  1. If any damage has been caused to the premises or to any property of the LA thereon by reason of any previous use of the premises by the person or body now wishing to use the premises.

  1. If breaches of the requirements of the LA of Camden licensing conditions or of the Justices in connection with public dancing, music or other public entertainment’s occur.

  1. If, for any reason, the Local Authority Committee or the Governing Body deem it necessary or expedient to cancel the license or permit.

  1. If, for any reason, the school is closed, no compensation shall be payable by the Local Authority or the Governing body, to the hirer or any other person by reason of any such cancellation. Any fees paid to the Governing Body in respect of a permit which is subsequently cancelled by the LA, Children Schools and Families Committee or the Governing Body will be refunded unless the cancellation is by reason of damage having been caused.

No person under the age of 16 years is permitted on the premises without adequate adult care and supervision.

The right of access to all parts of the school premises whether or not included in the permission for user is reserved to the Executive Head, Head of School, Governing Body or any officer authorised by them or any of them and the hirer shall not obstruct or interfere with this right.

No alterations or additions to the electrical installations at the school may be made whatsoever.

No additional staging, curtaining or scenery may be erected.

Furniture, including chairs, must not be removed from the school premises nor may they be for use in the playground or in any other building outside the school unless prior permission has been applied for and granted by the Executive Head, Head of School or Governing Body.

No advertisements, emblems or slogans shall be displayed outside the school premises without the prior written permission of the governors.

The hirer shall remove from inside the premises any advertisement, emblem or slogan if, in the opinion of the Governors, is unlawful, unseemly, likely to lead to a disturbance or expose the premises to undue risk of fire.

The use of any preparation or material for the purpose of preparing a floor for dancing is not allowed, as this may make the floors dangerous for normal use. The safe condition of the floors shall be deemed acceptable to the hirer after inspection and will remain the hirer’s responsibility during the letting.

If the terms and conditions of hiring are contravened in any way, the Executive Head, Head of School and Governing Body reserves the right to cancel any permission for further use and will inform the hirer in writing. In such event, the hirer will not be entitled to any compensation or refund of any payment made in respect of such use.

It is the responsibility of the hirer to ensure that any area of accommodation used in the course of the letting is left in the condition in which it was found and is maintained in a safe condition during the letting.

All hirers will adhere to Emmanuel CE Primary School policies where applicable which have been agreed and approved by The Governing Body and which are regularly updated in accordance with statutory requirements.

Prices for lettings are available on our school website:

www.emmanuel.camden.sch.uk

Discounts are available for group bookings and parents. Please contact the office for more details on 0207 431 7984.

To be attached to application form

  1. Conditions of Usage

  1. Insurance

The hirer must take out public liability insurance cover with the Local Authority as part of their booking agreement unless proof of equivalent adequate insurance is shown to the school.

The hirer must arrange public liability insurance:

  1. to protect the hirer against third party claims for loss, damage, injury or death arising out of the use of the premises for not less than £2 million, and

  1. to provide an indemnity cover in respect of damage to the premises hired for not less than £2million where

  1. such damage can be attributed to the negligence of the hirer or his/her employees or agents;

  1. indemnity should be extended to include the governing body of the school.

The hirer shall indemnify the Governing Body of the School against:

  1. all claims, loss, damage or injury which may be brought against or suffered by the Governing Body arising from or in consequence of their hiring of the school premises or equipment;

  1. the cost of reinstating or replacing any part of the premises or any property which shall be damaged, destroyed or removed during the period of the hiring of the premises;

  1. any infringement of copyright which may occur during the hiring (if applicable).

  1. Liability

The Governors shall not be liable for any loss or damage caused to the hirer or to any other person as a result of:

  1. any failure or defect or want of repair in any of the fixtures, fittings, furniture, equipment or appliances belonging to the school or Local Education Authority at the school;

  1. any failure or interruption in the supply of water, gas or electricity to the accommodation; or any defect or want or repair in the premises or in the means of access to the premises; or

  1. any theft or malicious or accidental damage to or loss of any property of any person taken or left at the premises.

  1. Health and safety

The hirer will adhere to all Health and Safety requirements as required by the school. The hirer is responsible for ensuring that all people using the school premises during the hire period are aware of exits, emergency exits and that the hirer’s staff know the location of fire-fighting equipment. The hirer is also responsible for providing a first aid kit and ensuring a qualified first aider is available on site.

No exits or corridors may be blocked or fire-fighting equipment removed.

  1. Alcohol

No alcoholic drinks may be consumed or brought onto the premises unless written permission has been applied for and received from the Governing Body. No alcoholic drinks may be sold without a magistrate’s license, and this must be shown in advance to the Governing Body. Safety regulations require that no alcoholic drinks are stored or consumed in the kitchen area.

  1. Smoking

The school’s No Smoking Policy must be adhered to at all times. Smoking is not permitted anywhere inside or around the surrounding parameters the school building.

  1. Advertising

No advertisements, emblems or slogans shall be displayed outside the school premises without the prior written permission of the governors.

The hirer shall remove from inside the premises any advertisement, emblem or slogan if, in the opinion of the Governors, is unlawful, unseemly, likely to lead to a disturbance or expose the premises to undue risk of fire.

  1. Fixtures and Fittings

No furniture or apparatus is to be used without prior permission. Any movement of furniture required must be undertaken by the hirer under the direction of the Site Service Officer.

No fixtures or fittings or other objects shall be driven into the fabric or furnishings, or affixed to them, without the prior written agreement of the Governors.

The movement of school furniture and equipment from room to room is not permitted, unless previously agreed. The use of all equipment and apparatus is subject to the prior written agreement of the Governors.

  1. Hirer’s apparatus / equipment

The hirer shall obtain the Governors’ written agreement to the bringing onto the school premises of any apparatus or equipment.

The hirer shall ensure that such apparatus or equipment is removed within such time as the Governors may allow. Any property not so removed may be removed by the Governors at the hirer’s risk; the cost of such removal, together with any storage charges incurred by the Governors, shall be recoverable from the hirer.

  1. Numbers

The hirer shall not allow on the school premises more than the number of persons stated in the application form.

There is no access whatsoever into the main school kitchen. There is access to the kitchenette in the main hall.

The authorised hirer is responsible for those attending the function and in particular for leaving the site in a quiet and orderly fashion by the time stated in the booking agreement.

  1. Cancellation

    1. Occasional bookings: The hirer to give at least 10 calendar days’ notice of a cancellation.

    1. Casual Bookings (Football Pitch Bookings): the hirers to give at least 48 hours notice of a cancellation.

    2. Block-bookings of a term or longer: at least two months’ notice of cancellation to be given by the hirer or Governors. Shorter periods of notice may be mutually agreed.

    1. If the Governors consider it likely that any one of these conditions will not be complied with by the hirer, the Governors may terminate the hiring forthwith by written notice to the hirer.

    1. If, during the period of a hiring, any Governor, Executive Head or Head of School or any other authorised member of staff who may be present is of the opinion that any of these conditions have not been complied with or that disorder, damage to property or an illegal act has taken place or is threatened, that person may summarily terminate the hiring by oral notice to the hirer, or (in his/her absence) to any other person or persons apparently in control of the proceedings, whereupon the premises shall be vacated forthwith.

In the event of the hiring being cancelled under either c) or d) above the Governors shall be under no liability to refund any payment made for the hiring or to compensate the hirer or any other person for any loss or damage sustained in consequence of the cancellation

Where notification is given within the required period the Governing Body at least 4 weeks prior to the date of the let, the booking charge will be refunded in full apart from the set administration charge. Your custom will be welcomed again at any time in the future.

Where notification is given to the school between 2-4 weeks prior to the arranged date of the let, the hirer will be entitled to a 50% refund only.

Where notification of cancellation is given less than 2 weeks prior to the arranged date of the let, the hirer will not be entitled to any refund.

Where a cancellation is made by the Governing Body of the school, the hirer will entitled to a full refund. The Governing Body will endeavour to notify the hirer at the earliest possible moment, however, no guaranteed period of notice can be offered. Regardless of when notification is given to the hirer, the hirer will not be entitled to any compensation.

Please note:

a. The above conditions apply for cancellation of total or part of a booking.

b. Where the Hirer makes a permanent cancellation during the course of a letting agreement, the Hirer will receive a refund for any outstanding sessions but no compensation will be available. The administration charge will still stand.

  1. Car Parking

Where car parking is required, the hirer must undertake the proper stewarding and control of the parking area in collaboration with the police where necessary. The hirer must maintain safe entry and exit from the premises and provide and maintain clear access for emergency vehicles and service vehicles.

  1. General Terms and Conditions

The hirer is responsible for the protection of the premises from damage, for the good behaviour of all associated users, and ensuring that alcoholic drinks, where permitted, are consumed in moderation when brought onto the premise for a function.

The hirer is responsible for ensuring that all areas are left clean and tidy as found. This includes all outside areas as well as indoor areas. If this is not found to be the case the hirer will be charged a penalty sum to cover costs of any repairs or cleaning required.

No school staff are permitted to accept hospitality gifts, either cash or in kind, at any time. We request that no gifts of this nature are offered.

No litter of any kind is to be left or thrown on the premises. It must be gathered in appropriate refuse bags and disposed of in the bins located in the car park.

The hirer will adhere to all aspects of the lettings policy at all times through the procedure of applying for and accepting a let on our premises.

All children will be supervised at all times by their parents/carers except where children are attending an organised group or care scheme. Where the latter applies, the group/care scheme will adhere to all regulations set out in the Children Act 1989, including those of registration with the relevant registering body.

No stiletto heels or similar objects are allowed on the soft crumb area of the playground.

No food or drink is allowed in any area except designated social areas, unless prior written permission has been granted.

Emmanuel Church of England Primary School should be reasonably satisfied that the Hirer is able to manage the let in accordance with adequate care, health and safety procedures, etc. before agreeing to accept the booking, e.g. check adults: child/young person supervision ratio.

If the school does not feel that satisfactory management procedures will be in place during the let they should not accept the booking application.

  1. Administration Charges

Any amendment to a booking must take place at least 14 days prior to the let and will be at a cost of £20.00. Verbal requests will be considered but must be immediately confirmed in writing.

The Hirer must not presume any amendment has been agreed until he/she is in receipt of written confirmation from the Governing Body

  1. Booking Procedures

  1. Applicants should fill in an application/booking form and returned to the School office

  1. The person signing the application form (then known as “the Hirer”) is responsible for all aspects of the let.

  1. By signing the application form, the person signing is acknowledging and agreeing to adhere to all aspects and conditions of our school’s lettings policy.

  1. A signed application does not guarantee the booking will be granted.

  1. Where the application for a let is accepted, the applicant will be sent a letter provisionally confirming the let and an invoice to cover the cost of the let and any additional returnable deposit required.

  1. The hirer should then pay the booking invoice, in full, 14 days prior to the date of the let, and ensure that they receive a receipt of payment. This will then confirm the booking agreement. Any returnable deposit required (i.e. for special functions) must be paid immediately within 72 hours of the date the booking form was sent. Failure to pay the invoice and returnable deposit (where required) will result in the application for the let becoming void.

  1. Where deposits are paid, the hirer must ensure that he/she meets the representative of the Governing Body (usually Site Service Officer or School Business Manager) and signs for the conditions of the building on arrival. At the end of the hire period, the hirer is responsible for agreeing and collecting the Certificate.

  1. Where applicable, the Certificate must be presented to the Site Service Officer, within 48 hours (72 hours if the let takes place at the weekend) after the let in order to claim back any refund. Failure to do so will mean that the deposit is not returnable.

  1. Hirers will automatically be charged for public liability insurance at a cost of 5% of hire fee as part of the booking charge unless proof of adequate equivalent insurance is shown to the school (a photocopy will be taken for the records).

  1. Any requests for amendments to the booking must take place at least 14 days prior to the date of the let. Where amendments are agreed, an additional administration charge of £20.00 Will be payable. The hirer must not presume that any amendment will automatically be agreed. Confirmation of any amendments will be sent to the hirer in writing.

  1. Booking Times

  1. There will be no access to the premises before the commencement of the period. Hirers must allow sufficient time for preparation before the event when booking the time of the let.

  1. Hirers must have left the premises by the end of the booked period. Sufficient time must be included to allow for clearing away and for all participants to leave the premise by the end of the booked period.

  1. Availability of premise is negotiable. Please contact the school to find out the current hours of access.

  1. Complaint Procedures

What if the school has a complaint about our group/organisation?

  • If the school has concerns about a let the following procedures will be followed:-

  • A representative of the Governing Body (usually the Site Service Officer or Senior Administration Officer ) will verbally raise the concern with the named Hirer.

  • The situation will be monitored for two sessions to allow the issues to be addressed.

  • If the situation remains unresolved, the Hirer will receive written notification of the concern and a further two sessions will be given to allow the Hirer to address the situation.

  • If the matter remains unresolved, the Hirer will receive formal written notice of termination of the booking agreement. This will be implemented 72 hours from the date of the letter of notification.

Please Note: If the Hirer blatantly breaks the conditions of usage, the let can still be terminated immediately.

2. What if I, as the Hirer, have a complaint about my let or booking agreement?

  • If you as the Hirer have a complaint or concern regarding your let, the following procedures should be followed:-

  • Talk to the named representative of the Governing Body (usually the Site Service Officer or School Business Manager) and discuss the problem. Allow 5 working days for the situation to be resolved.

  • If still unresolved, the Hirer should notify the Governing Body through the Head of School in writing and allow 5 working days for the situation to be resolved.

  • If still unresolved, the matter will be placed on the agenda of the next appropriate committee of the Governing Body. (If the concern needs urgent attention, a special meeting of the Governing Body will be convened.)

  • If still unresolved, the matter will be taken to the next full Governing Body meeting and the Hirer will receive a written response from the Chair of Governors detailing the outcome.

3. What if a third party complains?

If the school receives a complaint from a third party the Governing Body will be notified of the complaint.

The matter will be investigated by a representative of the Governing Body and a written response will be sent to the complainant within 10 working days.

If any further correspondence is received, the matter will be placed on the agenda of the next appropriate Governing Body committee. A final response will then be sent by the Chair of Governors explaining the final outcome.

  1. Appeals Procedures

1. If a Hirer has a letting agreement withdrawn, they have a right to appeal to the Governing Body.

2. The appeal should be made in writing and will be presented at the next full meeting of the Governing Body.

3. The Hirer will be informed of any action and/or decision taken by the Governing Body.

4. The Governing Body’s decision is final.

Appendix A

Booking Procedures Checklist

1. Issue application + Conditions of Usage and Booking Procedures to the potential Hirer (as attached).

2. Receive completed application form (mark date of receipt).

3. Assess suitability of applicant.

4. Check availability of premises.

5. Check availability of a site manager or responsible person.

7. Book let into lettings diary with hirer’s contact number.

8. Send permit and invoice for booking.

9. Receipt of deposit/payment in full.

10. Register Public Liability payment with Borough Treasurer.*

11. Send receipt of payment to the hirer.

12. Receive any outstanding payment (where in two stages).

13. Confirm booking in diary, with caretaker or responsible staff (where appropriate).

14. Send receipt to hirer and confirmation of booking.

  1. Process of payments:

- log payment into banking accounting system

- confirm transfer of payment into school budget via School Administration Officer for banking.



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