1

This is a legally binding agreement between Brimbank City Council (“Council”, “We” and “Our”)

and the ‘Hirer’ specified as (“You” and “Your”). The Conditions of Use apply to the hire by any

Community Group entering into an agreement for the use of Brimbank City Council Community

Facilities.

Community groups that are seeking a once off booking for a function, event or celebration will

need to apply for Function Hire.

Any breach of these conditions may result in:

-

Review of the Hire Agreement where Council has the right to warn, suspend, cancel or

terminate the agreement.

-

Ineligibility for future bookings, bond refund, insurance cover, and result in the Hirer being

liable for any costs or expenses incurred resulting from such breach.

Where illegal activity is identified, a zero tolerance position will be enforced and bookings will be

cancelled.

1.1

Applications must be submitted online with at least two weeks’ notice of booking start

date.

1.2

Applications must be completed in full.

1.3

The Hirer agrees to comply with the Conditions of Use and direction of Council Officers.

1.4

The Hirer agrees to provide a current and active email for a nominated contact person

to act as the primary liaison between Council Officers and the Hirer.

1.5

Submitting a complete application does not guarantee approval.

1.6

Approval will be given in writing and it is the Hirer’s responsibility to check approved

times and dates are correct as facility access is prohibited outside authorised times.

1.7

Management has discretion over approval and to set any special conditions it sees

appropriate provided they fit within the aims and objectives of Brimbank City Council.

2.1

Prospective Hirers seeking a minimum of 2 and a maximum of 10 bookings per year

to undertake community activities that are not considered a function, will be

considered for a Casual Hire Agreement.

2.2

The hirable facility, intended activities, and period of hire must be the same for each

booking to be eligible for Casual Hire.

2.3

Bookings must be paid in full at least 10 working days prior to the booking start date.

2.4

If full payment is not received at least 10 working days prior to the start date, the

booking will be cancelled and all fees paid will be forfeited.

2

2.5

Requests for amended or additional bookings must be communicated in writing to the

Community Facilities Team via emailing facilities@brimbank.vic.gov.au

with a

minimum of 10 working days’ notice.

2.6

Cancellations must be made in writing to the Community Facilities Team via emailing

facilities@brimbank.vic.gov.au

with a minimum of 5 working days’ notice in order to

receive a refund of Hire Rates.

2.7

Hirers are responsible for adhering to authorised start and finish times which are linked

to facility swipe access.

2.8

Setup and pack-up are included in the hire times.

2.9

You must not assign Your rights or sublicense, or otherwise part with possession of

the facility.

2.10

Blackout dates for Casual Hire are 24 and 31 December and all public holidays.

3.1

Fees and charges are set through the annual budget process and are available on

Council’s website

.

3.2

rate applies to registered Incorporated Associations or other registered

legal non-profit status that is agreed in writing by Us with at least 50% of members

over the age of 55 and Brimbank Residents (evidence required).

3.3

rate applies to registered Incorporated

Associations or other registered legal non-profit status that is agreed in writing by Us,

who are able to demonstrate the group is voluntary and receive minimal or no funding

to run group activities or programs, with at least 50% of members Brimbank residents

(evidence required).

3.4

rate applies to organisations not eligible for Levels

1 or 2.

3.5

To qualify for Level 1 (Seniors rate) groups may need to demonstrate the group’s core

purpose is a Senior Citizens Group.

3.6

Casual Hire bookings must be paid in full at least 10 working days prior to the booking

start date.

3.7

Casual Hirers are required to pay a refundable key / swipe card bond, determined by

the annual budget process and / or direction of Council Officers at least 10 working

days prior to the booking start date. The deposit will be refunded on the return of the

key / swipe card. Refunds are issued by cheque and take approximately 20 business

days for processing.

3.8

Management reserves the right to review fees for facility hire.

3.9

Council will not provide any hire of community facilities to community groups under

the categories above at no charge or discounted rates as the rates are already

subsidised by Council.

3.10

If You have an outstanding debt over 120 days without an arranged payment plan

with Council, You will not be eligible to hire facilities.

4.1

Public Liability Insurance cover of up to $20 million is included in the hire.

3

4.2

You must, as soon as practicable, inform Us in writing of any occurrence that might

give rise to a claim. You must keep Us informed of subsequent developments

concerning the claim.

4.3

Council will arrange for and pay for Building Insurance for the Premises including the

Council’s fixtures.

4.4

You must not knowingly do anything which may invalidate the conditions of any

insurance policies, whether held by the Council or the Hirer, or increase the premiums

payable under those policies and to immediately cease any activity which has either

of those effects, if requested to do so by the Council.

5.1

Hirers must nominate a key / swipe holder to be responsible for the management of

keys / swipe cards and security of the facility.

5.2

Nominated keyholder/s are responsible for the collection of the key or swipe card and

the opening and closing of the facility.

5.3

Keys / swipe cards issued must not under any circumstances be duplicated or reissued

to any other person or group.

5.4

Key / swipe card holders must not access, attempt to access or remain in the facility

outside allocated hours.

5.5

Key / swipe card holders must remain at the facility for the duration of the booking.

5.6

If the nominated key / swipe card holder/s change/s, you must advise the Community

Facilities Team via emailing facilites@brimbank.vic.gov.au

the new nominated key /

swipe card holder/s details.

5.7

Key / swipe card holders are responsible for ensuring that all windows and doors in

the building are securely locked before leaving their room/s.

5.8

Casual Hirers are required to pay a refundable key / swipe card bond, determined by

the annual budget process and / or direction of Council Officers at least 10 working

days prior to the booking start date. The deposit will be refunded on the return of the

key / swipe card. Refunds are issued by cheque and take approximately 20 business

days for processing.

6.1

Community facility access times are listed below. Hirers must exit the facility by the

closing time below including having carried out pack-up and clean-up responsibilities.

Albanvale Meeting Room

8:00am –

10:00pm

8:00am –

11:00pm

8:00am –

11:00pm

8:00am –

10:00pm

Arthur Beachley Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Balmoral Park Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Biggs St Meeting Room

8:00am –

10:00pm

8:00am –

11:00pm

8:00am –

11:00pm

8:00am –

10:00pm

4

Bon Thomas Reserve Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Brimbank Civic & Community

Centre

5:00pm –

10:00pm

5:00pm –

10:00pm

8:00am –

9:00pm

8:00am –

9:00pm

Castley Sports Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Deer Park Hall

8:00am –

10:00pm

8:00am –

Midnight

8:00am –

Midnight

8:00am –

10:00pm

Deer Park Senior Citizens

Centre

8:00am –

11:00pm

8:00am –

11:00pm

8:00am –

11:00pm

8:00am –

11:00pm

Delahey Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Dempster Park Hall

8:00am –

10:00pm

8:00am –

Midnight

8:00am –

Midnight

8:00am –

10:00pm

Errington Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Glengala Hall

8:00am –

10:00pm

8:00am –

1:00am

8:00am –

1:00am

8:00am –

10:00pm

Grantham Green Hall

8:00am –

10:00pm

8:00am –

Midnight

8:00am –

Midnight

8:00am –

10:00pm

Green Gully Sports Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

John McLeod Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Kealba Hall

8:00am –

10:00pm

8:00am –

Midnight

8:00am –

Midnight

8:00am –

10:00pm

Keilor Community Hub

8:00am –

10:00pm

8:00am –

10:00pm

8:00am –

10:00pm

8:00am –

10:00pm

Keilor Downs Hall

8:00am –

10:00pm

8:00am –

Midnight

8:00am –

Midnight

8:00am –

10:00pm

Keilor Lodge Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Keilor Park Hall

8:00am –

10:00pm

8:00am –

Midnight

8:00am –

Midnight

8:00am –

10:00pm

More Park Sports Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Old Shire Hall

8:00am –

10:00pm

8:00am –

11:00pm

8:00am –

11:00pm

Closed

Overnewton Gatehouse Hall

8:00am –

10:00pm

8:00am –

1:00am

8:00am –

1:00am

8:00am –

5:00pm

Sassella Park Hall

8:00am –

10:00pm

8:00am –

1:00am

8:00am –

1:00am

8:00am –

10:00pm

Sunshine Meeting Place

8:00am –

10:00pm

8:00am –

11:00pm

8:00am –

11:00pm

8:00am –

10:00pm

Taylors Lakes Hall

8:00am –

10:00pm

8:00am –

11:00pm

8:00am –

11:00pm

8:00am –

10:00pm

5

6.2

All Hirers must provide their own equipment except for the furniture and white goods

outlined on Council’s website

, and miscellaneous items labelled ‘Community Facilities’

(e.g. mops, brooms, dust pans & bins).

6.3

Hirers must not use any unsecured equipment that does not belong to them such as

crockery, cooking utensils, etc.

6.4

You must seek approval from the Community Facilities Team before bringing any

equipment in to the facility and we will assess each case individually based on purpose

of use and necessity.

6.5

Hirers are responsible for setup and pack-up of equipment in line with the site layout

available on notice boards.

6.6

Casual users are not allocated storage.

6.7

All breakage and damage must be reported within 24 hours to the Community

Facilities Team via emailing facilities@brimbank.vic.gov.au

. Compensation for damage

will be required.

6.8

Kitchen access is included in rental. Casual groups are to provide their own utensils,

refreshments, etc.

6.9

In an event of an emergency where police, fire or ambulance are required always call

triple zero (000).

6.10

If emergency services are called without due reason, the Hirer will be responsible for

the call out fee.

6.11

The Hirer permits Food Premises Inspection reports completed by Councils

Environmental Health Services to be forwarded to the Community Facilities Team.

6.12

Council is not liable for any loss, theft or damage sustained by the Hirer or any person

associated with the booking.

6.13

The Hirer must not erect any signs or notices in the interior or exterior of the facility

without Council’s prior written permission. Approved signs or notices are only

permitted to be displayed during the Hire times.

6.14

No disorderly behavior will be tolerated at Council facilities.

6.15

All groups will be allocated keys and / or swipe cards to access the site.

6.16

For all access and maintenance issues within business hours, contact the Community

Facilities Team via 03 9249 4537.

6.17

For urgent maintenance issues outside business hours that require immediate

addressing (e.g. plumbing, electrical, property damage) contact the After Hours line

via 03 9249 4000.

6.18

For access issues outside of business hours, the Hirer should only contact the service

if there is a loss of power or swipe access has failed and booking details can be verified

to the operator. This means having a copy of the booking details that can be

electronically forwarded to the operator as evidence.

6.19

The Hirer will forgo the booking outside of business hours if unable to access the

facility due to misplacing a swipe card.

6.20

Should Council staff or security be required to attend due to incorrect use of the alarm,

access breach, or incorrect use of the facility, the Hirer will be charged a call-out fee.

6.21

Should Council staff or security be required to attend due to any reason other than

those outlined in 6.20, fees and charges may apply.

6

7.1

The Hirer is responsible for leaving the building in a reasonably clean and tidy

condition, which includes supplying garbage bags, products and equipment (where

unavailable) to:

-

Clean spillages.

-

Responsibly remove all waste and recycling.

-

Wipe down all surfaces including tables, chairs, stove and tidy.

-

Sweep and mop.

7.2

All equipment must be returned to the designated storage areas as per the notice

boards within the facility.

7.3

All decorations must be removed after each booking.

7.4

No decorations are to be placed on ceiling fans or light fixtures.

7.5

Helium balloons must be tied down.

7.6

No smoke machines and pyrotechnics are allowed.

7.7

No charcoal barbeques or spit roasts allowed. Gas barbeques are permitted at selected

venues with large outside areas however require prior approval from council. Hirers

must read and follow the Barbeques Checklist instructions. Gas bottles must be

removed after each use and cannot be stored at council facilities under any

circumstances.

7.8

Children must be supervised by an adult at all times whilst in the facility.

7.9

Smoking is not permitted at any time within any of our facilities, including the use of

electronic cigarettes.

7.10

Brimbank City Council is not liable for damage to or loss of equipment or consumables.

7.11

All Hirers must respect the rights of others including equipment and belongings.

7.12

Council hall keeping services are not responsible for cleaning and tidying after the

Hirer’s bookings; if the facility is not left in an acceptable state, the Hirer will be

charged the cost of any additional cleaning that is required.

7.13

All items must be removed from the fridge and hall after each use.

7.14

If the facility is found to be in an unacceptable or unusable condition following hire,

We will provide You with written notification and photos of any areas of concern that

are identified to be resolved within an agreed timeframe.

7.15

Persistent non-adherence to this Agreement, and / or high risk incidents will result in

appropriate action being taken by Us.

8.1

The Hirer is responsible for ensuring attendees are familiar with and adhere to the

Emergency Procedures that can be found on the notice boards within the facility.

8.2

All emergency exit doorways and passageways must be left clear at all times.

8.3

Essential services equipment (including fire extinguishers and fire blankets) must not

be misused.

8.4

If there is a threat to life or property and police, fire or ambulance are required always

call triple zero (000).

7

8.5

If an incident, emergency, or damage occurs during Your hire period, or issues are

identified with the emergency equipment or procedures, report to the Community

Facilities Team within 24 hours via email facilities@brimbank.vic.gov.au

.

8.6

It is Your responsibility to assess and plan for risks before the event by conducting a

Risk Assessment. This may include reviewing suitability of activities, identifying

evacuation points, and ensuring necessary permits are in place (e.g. temporary limited

liquor licence).

8.7

Strictly no promoting or advertising of activities via any form of social media.

8.8

It is Your responsibility to understand and comply with the Victorian Child Safety

Standards.

8.9

The Principles of the Victorian Child Safety Standards must be extended to all

vulnerable people who participate in Your activities.

8.10

You must have measures in place that protect children and vulnerable people in

accordance with the Victorian Child Safety Standards.

8.11

The noise level generated by Your activities must at all times comply with Local Laws

and reasonable direction of Council Officers.

9.1

Hirers are required to understand and adhere to responsibilities under current Liquor

Control Victoria legislation. Call the Victorian Liquor Commission on 1300 182 457 for

further information (www.vic.gov.au/liquor

).

9.2

No alcohol consumption is permitted for parties under the age of 18. For all other

bookings, alcohol consumption is subject to Council approval on the condition that the

relevant Liquor Licence has been obtained, a copy is provided to Council, and conditions

strictly adhered to.

9.3

You must obtain written consent from the Community Facilities Team before applying

for any licence or permit under the Liquor Control Reform Act 1998, including

variations.

9.4

We may grant or withhold Our consent for a liquor licence in Our absolute discretion,

taking into account pertinent amenity considerations and the best interests of the local

community.

9.5

We may make Our consent subject to compliance with reasonable conditions by You.

9.6

A copy of the draft liquor licence application, including details of proposed days and

times for operation of the liquor licence, must be submitted prior to lodging the formal

liquor licence application.

9.7

No drugs or illegal substances are to be consumed or brought into the premises.

9.8

If You propose to sell food onsite, a Food Premises Registration must be obtained in

advance via Business Form | Brimbank City Council

.

9.9

You must ensure that all required permits have been obtained for all food services in

connection with Your organisations activities.

9.10

Special conditions may be applied to bookings at Council’s discretion that fit within

aims and objectives of Council.

9.11

You must actively promote equity for all and respectful relationships in Your activities,

ensuring a safe and inclusive experience, free of racial or religious vilification at all

levels of involvement.

8

9.12

If any disputes or differences arise as to the interpretation of this Agreement, or any

other matter pertaining to the use of the facility, the decision made by the Manager

Leisure & Community Facilities, after consulting with the disputing parties, will be final

and conclusive.

9.13

If any external service providers are engaged it is the Your responsibility to ensure

permission is obtained from Council and the provider has appropriate Public Liability

Insurance (minimum $20 million).

9.14

Permitted commercial activities are strictly limited and require written permission from

Us.

10.1

The Hirer hereby indemnifies the Council against any claim for breach of Copyright for

the playing or recording of any form of music and recommends Hirers contact

Australian Performing Rights Association on 1300 852 388 for more details.

10.2

The personal information requested on application forms for facility hire is collected

by Council Officers for reference and identification purposes. To ensure confidentiality

of information requested, personal information is only used for the purpose of

providing a range of access to facilities and equipment.

10.3

The Information we collect about you may be used to ensure that Your personal details

are kept up to date across the services in which you engage Council so that we can

provide a better customer service to you.

10.4

In accordance with our Privacy Policy, we will not disclose Your personal information

without consent to a third party, institution or authority except where required by law

or other regulation.

10.5

The Hirer agrees to indemnify and keep indemnified and to hold harmless the Council,

its servants and agents and each of them from and against all actions, costs, claims,

charges, expenses and damages whatsoever which may be brought or made or

claimed against them arising out of or in relation to this Agreement.