ࡱ> O cbjbjςς qeec@ @ ,Etk@&???????$BGE@_!_!_!@%@%%%_! ?%_!?%%n<?&_s(i!= ?;@0k@> Fo"6 F@? F?HP%lB @@#k@_!_!_!_! F@ K: Birtley East Primary School Lettings and Remission Policy-See Charging policy also Reviewed September 2022  Policy Objectives The letting of the school premises by the community is welcomed, subject to the following conditions:- Use of the premises for school functions will take priority over lettings. The Governing Body will set charges for lettings guided by these principles:- Lettings to any organisation involved with Extended Schools Projects. Lettings to bona fide community groups will be charged at cost, to cover caretaking, energy, wear & tear, administration. Where the school is used as a polling station the relevant authority will be charged the actual additional costs incurred by the school. Lettings to all other hirers will be charged at cost plus a profit margin determined by the Governing Body. The school will retain income derived from lettings and costs to the school of lettings will be met from this income. The school premises will not be let to individuals or organisations if there is reason to believe that the name of the school will be brought into disrepute. The school premises will not be let for functions where a Public Entertainment Licence is required. Decisions whether to permit lettings will be made by the Head teacher and/ or the Governing Body. If the Head teacher believes a letting should not be permitted he will report the reasons to the Governing Body. All persons hiring the school premises will be expected to conform to the relevant Health & Safety regulations. High Risk Sport Activities should have suitability-qualified instructors. Reference should be made to the BAALPE documents. All hirers must carry sufficient Third Party Liability insurance. Educational Visits A programme of visits, ideally one per year group, will be organised for each academic year for approval by the governing body. However, during the course of the year, as opportunities arise, other visits may be organised. School will seek to assist with the cost of educational visits wherever possible to reduce the burden of contributions on families. Visits will only occur after a risk assessment states it would be safe to do so. Entertainment Visits If a visit or event is organised that is deemed to be for entertainment rather than education, parents will be asked to meet the full costs that are incurred for travel and entry fee where appropriate. Children whose parents have not paid will be provided with activities within school under the guidance of a qualified teacher. PRIMARY SCHOOL LETTINGS POLICY Adoption Statement CONTENTS 1. Introduction 2. Conditions Of Booking 3. Conditions Of Usage 4. Scale Of Charges For Lettings 5. Booking Procedures, Times, Cancellation Procedures Etc. 6. Complaints Procedures ATTACHMENTS Hirers Contract Hirers agreement with caretaker Confirmation letter Lettings invoice Sundry Debtor invoice (internal) Letting claims form for caretaker INTRODUCTION The Governing Body of Birtley East Primary School wish to see that the premises at Birtley East Primary School are available for the benefit of the 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 handbook outlines the policy of our school with regard to letting. It 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 other than during the school day is under the control of the Governing Body of Birtley East Primary School. Our lettings policy operates within the framework of the Gateshead Councils 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 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 Governing Body 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 Governing Body of Birtley East Primary School does not feel that satisfactory management procedures will be in place during the let then the booking application will not accept the booking application. The final decision on compliance lies with the Governing Body. CONDITION OF BOOKING The use of the school premises is permitted by the Governing Body, on the understanding that the following rules are adhered to at all times: 1. 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 has the right to vary these terms and conditions at any time. 2. 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. 3. 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 Authority on the issue of licenses for such purposes. A copy of the regulations and requirements can be obtained on application to Gateshead Local Authority or the Governing Body. 4. The hirer shall indemnify and keep indemnified the respective bodies and persons from and against all loss and damage which the Council, Education Committee or the Governing Body or any property belonging to or under the control of the Council, the Education Committee or the Governing Body, may sustain or incur by reason of the permission to use the premises or otherwise arising out of or in connection with such user, including cost of replacement and reinstatement and the damage to the property of, or the bodily injury or death of any person or persons. 5. 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, and should put a sign up to this effect. 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 Chair of Governors within 24 hours of the event. Any further information required by the Governing Body must be made available on request. 10.(a)No musical works in the repertoire of the Performing Right Society may be performed in public on the premises except on payment to the Society of the appropriate fee, this fee to be paid in the first instance to the Local Authority. Please contact the Local Management Officer, Education Department, Civic Centre. (b)No lecture, play, opera, dramatic or musical or other work in which a copyright subsists shall be delivered or performed on the premises unless the consent of the owner of the copyright has been previously obtained by the hirer and all necessary fees paid. No performance of any gramophone or other record in which any copyright subsists shall be given on the premises unless the previous consent of the Phonographic Performance Ltd., or other owner of the copyright has been obtained by the hirer and all necessary fees paid. The hirer must make their own inquiries as to the existence of any such copyright as aforesaid. Proof of permission to use the piece of work must be shown to the Governing Body of the school at the time of booking. (c)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. 11. The Council, Education Committee or the Governing Body may cancel any permission granted to use the premises:- (a)If it should appear that the same or any part thereof will be required for public or official purposes whether of the Council, Education Committee or Governing Body or otherwise or by any body or person having a statutory right of user. (b) If any damage has been caused to the premises or to any property of the Council thereon by reason of any previous use of the premises by the person or body now wishing to use the premises. (c)If breaches of the requirements of the Council or of the London Borough of Hounslows licensing conditions or of the Justices in connection with public dancing, music or other public entertainments occur. (d)If, for any reason, the Council, Education Committee or the Governing Body deem it necessary or expedient to cancel the license or permit. (e)If, for any reason, the school is closed, no compensation shall be payable by the Council, Education Committee 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 Council, Education Committee or the Governing Body will be refunded unless the cancellation is by reason of damage having been caused. 12. The use of a film projector with non-flammable films may be permitted subject to the approval of the Council, Education Committee or the Governing Body, of the type of projector and to any conditions prescribed by the Council and other appropriate authorities as precautions against fire and panic. 13. No person under the age of 16 years is permitted on the premises without adequate adult care and supervision. 14. The right of access to all parts of the school premises whether or not included in the permission for user is reserved to the Council, Education Committee, Governing Body or any officer authorised by them or any of them and the hirer shall not obstruct or interfere with this right. 15. No alterations or additions to the electrical installations at the school may be made. 16. No additional staging, curtaining or scenery may be erected without the previous consent in writing of the Governing Body and any such alterations and additions as may be authorised shall be carried out in accordance with the directions and to the satisfaction of the Council and shall be returned to their original state immediately after usage, at the expense of the hirer. Where any use involves the erection and/or dismantling of a stage, this will be carried out by the hirer at his/her expense under the supervision of a representative of the Governing Body. All such curtaining or scenery shall be rendered non-inflammable. Stage scenery and other effects must neither be brought on to the school premises nor taken away while the school is in session except with the express permission of the Governing Body and Head Teacher. 17. Furniture, including chairs, must not be removed from the school premises. No furniture should be taken out on the playing field or playground or in any other building outside the school unless prior permission has been applied for and granted by the Governing Body. 18. No advertising may be placed in any area of the school premises without the direct permission of the Head Teacher of the school. 19. 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 hirers responsibility during the letting. 20. If the terms and conditions of hiring are contravened in any way, the 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. 21. 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. To be attached to application form CONDITIONS OF USAGE 1. Any movement of furniture required must be undertaken by the hirer under the direction of the caretaker staff of the school. No furniture or apparatus is to be used without prior permission. 2. 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. 3. The hirer must maintain safe entry and exit from the premises and provide and maintain clear access for emergency vehicles and service vehicles. 4. No alcoholic drinks may be consumed onto the premises without prior arrangement with the Head teacher and Governing Body.. 5. The hirer is responsible for the protection of the premises from damage and for the good behaviour of all. 6. 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. 7. 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. 8. The schools No Smoking Policy must be adhered to at all times. 9. Gatesheads LA Caretakers agreement does not require caretakers to work at weekends. Bookings can only be accepted when a caretaker is prepared to undertake the additional duty. 10. The hirer must report to the caretaker at the beginning of any let. Where deposits have been paid for a function, the hirer must meet with the caretaker to sign the Caretakers Certificate accepting the condition of the premises as acceptable at the beginning and the end of the hire period. 11. The hirer must have third party liability insurance cover as part of their booking agreement or proof of equivalent adequate insurance is shown to the school. 12. 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. 13. All children will be supervised at all times by their carers except where children are attending an organised group or care scheme. Where the latter applies, the group/care scheme will adhere to all legal regulations, including those of registration with the relevant registering body. 14. The hirers signature on the application form confirms his/her agreement of the above conditions of booking and all other aspects of our school Lettings Policy. 15. The hirer will adhere to all Health and Safety requirements as required by the school. A risk assessment will be required. 16. No food or drink is allowed in any area except designated social areas, unless prior written permission has been granted. SCALE OF CHARGES FOR LETTINGS DAYTIME term time (9.00am - 6.00pm)HOLIDAYS-daytime (8.00am - 6pm) EVENINGS (6.00pm - 11.00pm)WEEKENDS (8.00am - 11.00pm) AREA PRIVATE COMMERCIAL PRIVATE COMMERCIAL PRIVATE COMMERCIAL PRIVATE COMMERCIALHALLCLASS ROOMICT SUITEPLAYGROUNDPLAYGROUNDPLAYING FIELDMEETING ROOMKITCHENSTAFF ROOMADMINISTRATION * PLEASE NOTE: Where daytime bookings finish at 6pm and there are no further bookings starting at 6pm, there will be an additional charge of _______ to cover the cost of the caretakers close down salary. This school does not have external floodlighting for outside play areas. This will therefore limit the times available for use of these facilities. copy to be attached to application form BOOKING PROCEDURES 1. Applicants should fill in an application/booking form and return to the main school office. 2. The person signing the application form (then known as the Hirer) is responsible for all aspects of the let. 3. By signing the application form, the person signing is acknowledging and agreeing to adhere to all aspects and conditions of our schools lettings policy. 4. A signed application does not guarantee the booking will be granted. 5. 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. 6. The hirer should then pay the booking invoice, in full, 28 days prior to the date of the let, and ensure that they receive a receipt of payment. This will them 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. 7. Where deposits are paid, the hirer must ensure that he/she meets the representative of the Governing Body (usually the caretaker) 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 Caretakers Certificate and Kitchen Certificate (where applicable). 8. Where applicable, the Caretakers Certificate and Kitchen Certificate should be presented to school at the main office, 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. 9. Hirers will provide proof of liability insurance or proof of adequate equivalent insurance must be shown to the school (a photocopy will be taken for the records). 10. Any requests for amendments to the booking must take place at least 14 days prior to the date of the let. The hirer must not presume that any amendment will automatically be agreed. Confirmation of any amendments will be sent to the hirer in writing. copy to be given to hirer 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. 2. 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. 3. Availability of premise is negotiable. Please contact the school to find out the current hours of access. CANCELLATIONS 1. The Governing Body must be notified of any cancellation at least 4 weeks prior to the date of let. However, notification at the earliest possible time is appreciated. 2. Where notification is given to 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. 3. 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. 4. 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. 5. Should the Governing Body of the school cancel a booking, the hirer will be entitled to a full refund. The Governing Body will endeavour to notify the hirer at the earliest possible opportunity; 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. COMPLAINTS PROCEDURES 1. 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: - 1. A representative of the Governing Body will verbally raise the concern with the named Hirer.2.The situation will be monitored for two sessions to allow the issues to be addressed.3.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.4.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 breaks any of the conditions of usage, the let can 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: - 1.Talk to the named representative of the Governing Body and discuss the problem. Allow 5 working days for the situation to be resolved.2.If still unresolved, the Hirer should notify the Governing Body through the Head Teacher in writing and allow 5 working days for the situation to be resolved.3.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 this group will be convened.)4.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 ? 1.If the school receive a complaint from a third party the Governing Body will be notified of the complaint.2.A representative of the Governing Body will investigate the matter and a written response will be sent to the complainant within 10 working days.3.If any further correspondence is received, the matter will be placed on the agenda of the next appropriate Governing Body committee. The Chair of the Governing Body explaining the final outcome will then send a final response. APPEALS PROCEDURE 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 Bodys decision is final. BOOKING PROCEDURES CHECKLIST 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 caretaker. 6. Book let into diary with hirers contact number. 7. Send permit and invoice for booking. 8. Receipt of deposit/payment in full. 9. Register Public Liability insurance to be checked. 10. Send receipt of payment to the hirer. 11. Receive any outstanding payment (where in two stages). 12. Confirm booking in diary, with caretaker. 13. Send receipt to hirer and confirmation of booking. 14. Process payment - send payment to LA via payment book. 15. If payment does not appear on schools budget print out at least 7 days prior to letting date, contact Finance Department to check if there is problem. If cheque has not been cleared, inform Hirer IMMEDIATLEY that letting agreement will be cancelled unless full payment is received in cash within 24 hours. N.B. If payments are not made into the school account via the local authority, please remember that all payments must be declared for V.A.T. purposes. APPLICATION FORM FOR THE USE OF SCHOOL PREMISES This form is to be completed by the person responsible, on behalf of the hirers. It is understood that this person will be responsible for the payment of all charges relating to this booking and will ensure that all aspects of our lettings policy are adhered to at all times. ACCOMMODATION REQUIRED TIME FROM TODATESTOTAL HOURSCOST PER HOURTOTAL COSTDISCOUNT (WHERE APPLICABLE)ADMINISTRATION CHARGEPUBLIC LIABILITY INSURANCERETURNABLE DEPOSITTOTAL COSTName of Organisation Nature and object of meeting Will any copyright material be used? Estimated number of people to be present Estimated number of children under 8 years to be present Will all persons be members of the Organisation? Will charges be made, if so how much and what for? To what purpose will any proceeds be donated? How many chairs will be required? How many tables will be required? Adult: Childrens:Any other equipment required e.g. O.H.P.?  FOR OFFICE USE ONLY: Cancellation costsAdditional administration (amendments)PERMIT NO. INVOICE SENT PAYMENT RECEIVED To the Governing Body of Birtley East Primary School I___________________________________________________________(please print) of__________________________________________________________Organisation being over the age of 18 years, hereby apply for permission for the above stated Organisation to use the school premises as stated overleaf. I understand that if permission is granted, it will be subject to all conditions of usage within the schools letting policy. I have read this lettings policy and understand that the permission to use the school premises will only be effective provided the conditions and regulations stated in the schools letting policy are adhered to. I, on behalf of my Organisation, hereby agree to follow all conditions of the schools letting policy should permission be granted to use the school premises. I understand I must give immediate notice in writing, to the Director of Finance, Gateshead LA, of any accident, damage or proceedings and no repudiation of liability negotiation or admission of liability shall be made to any Third Party. I will also give the same immediate notice, in writing, to the Chair of Governors of the School. I, on behalf of my Organisation, agree to indemnify and keep indemnified the Governing Body and Council from and against all loss, damage, costs, claims, demands, expenses or charges which the Governing Body or Council may sustain or incur in respect of any matter arising out the use of the school premises or the conditions relating thereto insofar as the same are not covered by the said or any other policy of insurance effected by the Governing Body or Council or the obligation to give notice of any accident, damage, or proceedings as aforesaid is not fulfilled by us and to pay to the Governing Body or Council on demand at the school office or Gateshead Councils Finance Department, at all such sums as may be payable by reason of this indemnity. Signature of Applicant (Mr, Ms, Mrs)_________________________________________________ Occupation______________________________________________________________________ I understand it is my responsibility, on behalf of my organisation, to ensure that any area of accommodation used in the course of the letting is left in the condition in which it is found. I must also ensure that my organisation leave the premises at the time stated on the Permit. Address_________________________________________________________________________ _______________________________________________________________________________ Telephone No. (if any) Home:______________________ Work: ____________________________ Date____________________________________________________________________________ LETTINGS INVOICE Date: ____________________ Dear With reference to your application to let school premise dated _________________ we are pleased to inform you that permission has been given to use the accommodation/facilities at our school, details as stated below. This permission is dependent on; 1. All regulations and conditions stated in our School Letting Policy being met 2. The receipt of payment of any deposit required within _____days of the date of this invoice, and; 3. The cost of your let (as stated below), being paid within _____days of the date of this invoice. ACCOMMODATION REQUIRED TIME FROM TODATESTOTAL HOURSCOST PER HOURTOTAL COSTRETURNABLE DEPOSITTOTAL COST Yours sincerely, CONFIRMATION OF BOOKING TO LET SCHOOL PREMISES Dear This is to certify confirmation of your booking to let the school premises as detailed in the Letting Invoice dated ____________which was previously sent to you. Please find enclosed a receipt for payment covering the cost of this let. We hope you will find our premises a satisfactory venue for your let and will consider using us again in the future. Yours sincerely, HIRERS AGREEMENT WITH CARETAKER (Caretakers Certificate) The Hirer (or Agent) and the Caretaker must sign agreement This agreement calls for the Hirer (or Agent) and Caretaker to check the condition of the area and facilities covered by the Hirers booking at the beginning and end of the letting. This agreement also covers any time, which is spent by the Caretaker on duty beyond that of the Hirers booking. We have agreed that the condition of the area is acceptable on taking charge of the hired area. HIRER: Signature:............................................. CARETAKER: Signature: ............................................ Date: ............................. Time: ............................ We have agreed that the condition *is/is not acceptable compared to that on taking charge of the hired area. We are agreed that the Caretaker *was/was not/will be required to spend extra time on duty. (*delete were applicable) Estimated time required: .......................... However, should the time exceed this, the Hirer will be advised at the earliest possible opportunity. HIRER: Signature: CARETAKER Signature:............................................ Date: ............................. 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