Applications
1. No venue or any part thereof shall be used without authorisation in accordance with this section.
2. A completed Booking Form must be submitted by one of the following means after the Lessee has read and agreed to abide by the Conditions of Let and has read the Privacy Bookings and Risk Assessment Guidance documents:
- An online Booking Form; or
- a PDF version, contained in a Booking Pack and emailed on receipt of a booking enquiry to bookings@eastlothian.gov.uk.
3. A booking is open to persons aged 18 years or over. Bookings for events involving the sale or consumption of alcohol will only be accepted from persons aged 25 years or over.
4. A minimum of 7 calendar days' notice must usually be given when a let is required.
5. All bookings are provisional and will only be held for 14 calendar days until the Booking Form, confirmation that a risk assessment has been completed (if applicable to the let), acceptance of these Conditions of Let and full payment in advance (unless otherwise agreed) has been received and subject to additional documents being checked, where applicable. Once received your booking will be confirmed by email from bookings@eastlothian.gov.uk.
NOTE: No booking should proceed until confirmation in writing has been received.
6. All bookings will be charged in accordance with East Lothian Council's charging policy: www.eastlothian.gov.uk/chargesbook. Any booking requesting the discounted charitable rate should provide evidence of their status e.g. charity registration number.
7. Bookings will not be accepted more than 12 months in advance unless by special arrangement with the Bookings Team. Advance bookings will usually only be accepted to the end of the current financial year.
8. East Lothian Council reserves the right to inspect appropriate documents and procedures in relation to the booking e.g. national governing body affiliation, instructor qualifications, insurances, licences, accounts, constitution of organisation, PVG checks, etc.
9. East Lothian Council reserves the right to refuse a booking.
10. All lets and events shall be open to inspection at any time by an authorised official of East Lothian Council.
11. Alcohol shall be prohibited in all events and venues covered by a booking except where consent is received from the Council, which shall be entirely at the Council's discretion. Any such booking where the Council provides consent for the presence alcohol shall be deemed to be "High Risk" and the "Risk Assessment" section in these Conditions of Let shall apply.
12. In these Conditions of Let, the "Lessee" is the party that has been granted a let by the Council over a premises following the application process outlined above. References to "you" and "your" shall be to the Lessee. The terms 'booking' and 'let' may be used interchangeably.
13. The Council's request for any documentation under these Conditions of Let shall not constitute an assumption of liability by the Council for any claims, damages or losses arising out of or in connection with the Lessee's use of venue or these Conditions of Let, or breach thereof.
Setting up/clearing up
1. The fee for hiring the venue is based on the appropriate charging category, including any surcharges where applicable, the duration of the event stated on the Booking Form which must include the time needed for setting up and clearing up afterwards.
2. The Lessee/Duty Caretaker (if applicable) is responsible for setting up and clearing away all equipment and furniture to its original location. All equipment, goods and other items brought into the venue by the Lessee must be removed from the venue by the Lessee at the end of the let.
3. The Lessee must leave the venue in a clean and tidy state and must collect and bag all waste (rubbish and recycling) at the end of the let and place in the waste compound (if accessible) or leave bagged waste for Duty Caretaker to dispose of.
Cancellations
1. Cancellation of bookings can only be accepted from the Lessee and must be made in writing to bookings@eastlothian.gov.uk
2. Cancellations will only be eligible for a full refund if cancellation is made more than 14 calendar days prior to the event. If a cancellation is made after this a cancellation fee of 50% of the booking fee will be levied. If a cancellation is made with less than 24 hours' notice a cancellation fee of 100% of the booking fee will be levied. Refunds are made at the discretion of East Lothian Council.
3. East Lothian Council reserve the right to cancel a booking should the venue be required for other purposes e.g., use as a Polling Station for a Parliamentary or Local Government election or by-election (these examples are not exhaustive), where an emergency necessitates the use of the venue, or any other event that is deemed necessary. Where possible at least one weeks' notice shall be given and the Lessee shall be entitled to a full refund of any fees already paid, but East Lothian Council shall not be liable for any direct or indirect loss.
PVG
1. If the booking includes children and young people under 18 your group, club or organisation must have a Child Protection Policy. It is the Lessee's sole responsibility to comply with the relevant and appropriate Scottish disclosure, PVG (The Protection of Vulnerable Groups (Scotland) Act 2020) clearance and/or updated PVG as appropriate in all respects with all obligations under the Protection of Vulnerable Groups (Scotland) Act 2020 and or any other disclosure requirements including but not limited to ensuring that all staff, leaders, helpers, employees or sub-contractors involved with the booking comply with the Protection of Vulnerable Groups (Scotland) Act 2020 and/or other disclosure requirements.
2. Please obtain your own advice on this matter but further information is available from Disclosure Services: email: disclosures@volunteerscotland.org.uk and: https://www.volunteerscotland.net/for-organisations/disclosure-services/
Supervision of Let
1. The Lessee and event attendees may only access public communal spaces, toilets, and the specific booked area as per confirmation from the Council (which may be provided in an email). Failure to adhere to this condition may result in the immediate cancellation of the let including any remaining recurrent lets, if applicable, and any new requests for future lets being refused. Venues are booked in the Lessee's full knowledge of the facilities within the venue booked e.g., tables, chairs etc., and if necessary, the lessee can view the venue before booking to ensure it and its furniture are fit for purpose.
2. The Lessee must comply with equalities and equity/fair treatment requirements in allowing public access to the booked venue.
3. The Lessee acknowledges that their organisation has a duty under Section 26 of the Counter Terrorism and Security Act 2015 in the exercise of its functions to have "due regard to the need to prevent people from being drawn into terrorism - the Prevent Duty".
- The Lessee shall ensure that it uses the East Lothian Council venue in such a way as to satisfy the Prevent Duty.
- The Lessee must also ensure that the East Lothian Council venue is not used by any groups or speakers in support of extremist ideology.
4. Lessees holding events involving the sale and/or consumption of alcohol, i.e., a dance/disco or similar event are required to provide up to 5 Stewards. Stewards should not be members/participants of the event itself and are surplus paid-for or volunteer security staff for the event organisers. Lessees must confirm at the time of booking that the event will be adequately supervised and provide details of these. The Head of Establishment may also request an informal interview with the Lessee of the event.
5. The Lessee is responsible for ensuring that Stewards (if applicable) are suitably trained, are aware of their duties and responsibilities regarding the event/booking e.g., ensuring health and safety, fire evacuation, first aid and orderly behaviour of all people attending the event.
6. At end of the event, Stewards should supervise exit arrangements for attendees and ensure no public disturbance in the immediate areas surrounding the venue e.g., disruption to local residents minimised.
7. All entrances and exits to the venue should be controlled so that no unauthorised persons gain access.
8. The Lessee is responsible for all persons using the venue, including guests, caterers, DJs, etc. and ensuring that they adhere to these Conditions of Let at all times.
9. Alterations to the venue, such as the fixing of apparatus and equipment or decoration are prohibited unless agreed in writing by East Lothian Council.
10. The Lessee is responsible for supervising the venue and will be held responsible for any damage incurred during the let and will be held liable for all costs incurred in repairing such damage. All damage must be reported to the Duty Caretaker at the time of the event. If there is no Duty Caretaker present alternative reporting arrangements will be provided to the Lessee.
11. It is the responsibility of the lessee to turn off lights and heaters prior to securing the building if there is no East Lothian Council staff member present to close the building.
Risk Assessments
1. The Lessee will take responsibility for conducting their own risk assessment. For further information visit www.eastlothian.gov.uk/venuebookings or http://www.hse.gov.uk/event-safety/.
2. East Lothian Council will deem whether an event is "High Risk" based on the information provided at the time of booking and/or through dialogue with the Lessee.
3. If a booking is deemed to be a "High Risk" event at the time of booking the Lessee must confirm in writing to bookings@eastlothian.gov.uk that a High Risk Let Risk Assessment has been completed at least 6 weeks, or such other time nominated, prior to the booking. This should be provided to East Lothian Council on request. Bookings will not be confirmed until this has been received and reviewed.
4. For all bookings deemed to be a "High Risk" event, the Head of Establishment or their representative may contact or request an informal interview with the Lessee of the event. East Lothian Council's Bookings Team will inform Police Scotland on behalf of the Lessee.
Note: High Risk events are typically ones that involve alcohol and/or high numbers/maximum capacity at venue.
Personal emergency evacuations plans
1. Where required, groups/Lessee must provide a Personal Evacuation Plans (PEEP) for person(s) with mobility or visual impairment who require assistance in the event of an evacuation.
2. The Lessee should endeavour to locate a safe place for person[s] requiring assisted evacuation and for ensuring the emergency services are made aware of person[s] location and requirements
Licences
1. The Lessee is responsible for obtaining all necessary licenses to carry out their proposed activity in the building e.g., sale of goods, public entertainment, alcohol, live animals, etc. Failure to do so may result in the event being cancelled.
2. The Lessee is also responsible for ensuring that any third party they engage e.g., caterer, band, etc, has their own public liability insurance and appropriate licences.
3. The Lessee must ensure that all necessary licences and related paperwork for the event are granted and available for inspection on request by Officers of East Lothian Council and Police Scotland (if applicable). Such licences should be at the venue during the event and available at any time for inspection by East Lothian Council.
4. Groups wishing an alcohol licence must submit their Booking Form prior to the licence being applied for.
5. It is the Lessee's responsibility to comply with this section and arrange the necessary licences. The Council, as the grantor of the let, shall have no responsibility or obligation in relation to this section.
For further Information about licences required please email the Licensing Department at licensing@eastlothian.gov.uk
Health and safety
1. The Lessee must comply with all Health & Safety and Fire Safety regulations operating in the venue.
2. The Lessee is fully responsible for the health and safety of all attendees of the event.
3. Lessees must ensure that they have considered and organised appropriate first aid cover for their event; this may be as simple as knowing who is attending the event and who will be the person to call for an ambulance if required etc. (most East Lothian Council venues do have standard first aid boxes in them).
4. In the event of an incident the Lessee must inform East Lothian Council of the details of the incident, the cause and the details of any injured parties and the nature of their injuries. This must be reported to the Duty Caretaker at the time of the event. If there is no Duty Caretaker present the Lessee should provide the above in an email to bookings@eastlothian.gov.uk. Incidents should be reported to East Lothian Council within 24 hours or sooner from the end of the event.
5. Lessees, new groups and individuals should take responsibility for making themselves aware of the buildings fire evacuation procedures by approaching the Caretaker (if present) and observing Fire/Safety notices displayed in the venue. Groups and individuals must also take responsibility for ensuring all group members/individuals comply with the fire evacuation process and immediately and safely leave the venue on the sounding of the alarm/flashing light. For Assisted Evacuation, refer to Personal Emergency Evacuation Plans in the section above.
6. All passageways and exits must be kept free and doors kept unlocked during the period of occupancy.
7. Where groups or individuals choose not to turn up for lets due to adverse weather then charges will still apply unless East Lothian Council has taken the decision to close the building on Health & Safety grounds.
8. Smoking and vaping is NOT permitted in any East Lothian Council venues or facilities provided for community use by members of the public.
9. It will be the responsibility of the Lessee who completed and signed the Booking Form to ensure compliance with any legislation.
10. The use of candles and indoor sparklers are not permitted in any East Lothian Council venue.
11. The use of smoke machines is NOT permitted as they are likely to activate the fire alarm.
12. The use of portable gas heaters or cookers are NOT permitted.
13. Lessees using specialist equipment can only use that equipment if there is a person authorised and qualified to use the equipment and there is a valid risk assessment in place for its use. The Lessee should produce the relevant documentation to East Lothian Council on request.
14. Electrical equipment brought to East Lothian Council sites must be checked for safety by the Lessee and show that it has been PAT tested unless under 1 year old and that it should not exceed 13 amp. There must be a valid risk assessment in place for the use of such equipment. The Lessee should produce the relevant documentation to East Lothian Council on request.
15. Where any catering is carried out, the Lessee will be responsible for ensuring that any person so involved fully complies with all statutory requirements such as Food and Hygiene Regulations.
16. Where groups intend to use kitchen facilities, where available, this should be clearly indicated on the Booking Form. There may be an additional charge for the use of kitchen facilities.
17. The Lessee should not bring any catering equipment into the building; only equipment provided by East Lothian Council may be used.
18. The Lessee is responsible for the disposal of food waste in line with any legislation such as regulations and legislation in relation to food waste. For further information visit https://www.eastlothian.gov.uk/environmentalhealth
19. Activities must be confined to the times and areas approved on the Booking Form.
General and insurance
1. East Lothian Council shall not be liable for any accident that may happen, or any loss that may be sustained in connection with a let and/or booking unless there has been contributory negligence. The Lessees should have appropriate insurance to cover their activities and obligations under this Condition of Let. The Lessee must ensure that all damages to property and injuries to persons during the time of use are notified immediately to East Lothian Council staff.
2. The Lessee acknowledges and agrees that the Council shall not be held responsible or liable for any claims, damages and losses arising out of or in connection with the use of the venue or these Conditions of Let, including breach thereof. The Lessee will be bound to free and relieve and indemnify East Lothian Council, its servants and agents from and against all claims, damages, losses and liabilities for (1) personal injury (whether fatal or otherwise), loss or damage to property; and (2) any other injury, loss, damage, costs and expenses of whatsoever nature howsoever caused arising out of the Lessee's occupancy and use of the venue during the period of the let, including for any breach of these Conditions of Let.
3. The Lessee will be responsible for any liability that arises from their use of the venue or its equipment. The Lessee shall, at its own cost, obtain and maintain adequate insurance coverage for the activity that they are undertaking and should take advice from a broker and / or their insurer/s. East Lothian Council would expect that The Lessee would hold a public liability policy for a minimum of £5 million to cover liabilities for both The Lessee as organisers and third parties during their hiring but the Lessee may obtain cover of a larger value if the Lessee deems it appropriate. The Lessee should produce the relevant insurance certificate to East Lothian Council, if this is requested by East Lothian Council.
4. The Lessee will be responsible for the safekeeping or otherwise and insurance of all goods and fittings belonging to the Lessee and installed or stored in the venue. East Lothian Council's insurance is for the fabric of the building only and does not include contents cover.
5. The Lessee is responsible for ensuring that the Conditions of Let are observed. Failure to comply with the Conditions of Let may result in the immediate cancellation of the let including any remaining recurrent lets, if applicable, and any new requests for future lets being refused.
6. Venues are used for a variety of purposes. Often the need for venues is so great that a number of different organisations are sharing a building at one time. East Lothian Council expects that users of venues will treat other users and staff with respect at all times.
7. The Lessee shall comply with any reasonable requests or instructions given by the Duty Caretaker.
8. A print of the full Conditions of Let will be available in every venue.
East Lothian Council reserves the right in all cases to cancel or alter any of the conditions of let at its discretion. All charges are subject to alteration by East Lothian Council without requirements for notice to lessees.