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 outside

of their allocated times, 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.

-

Affect eligibility 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 immediately.

1.1

Applications must be made online.

1.2

Applications must be completed in full and signed by the Hirer.

1.3

The Hirer on behalf of the organisation 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 organisation.

1.5

Submitting complete applications does not mean approval will be given.

1.6

Following the closure of the application period for Regular Hire, Councils Community

Facilities Unit will assess all Regular Hire applications using the following Allocation

Criteria to determine the allocation of Community Facilities:

a.

History of tenancy

b.

Capacity of the facility

c.

Compatibility/variety of Regular Hirers using the facility

d.

All information and supporting documents submitted

e.

Ability to provide community activities that benefit and engage with the

community

f.

Applicants alignment with Councils Vision, Mission and Values.

1.7

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 (without permission) outside

these bookings.

2

1.8

Regular Hire applications will not be considered from new organisations unless they

are an existing Casual Hirer who have had a booking within the last 12 months. Special

consideration may be given under exceptional circumstances via Expression of

Interest.

1.9

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

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

2.1

Hirers that are seeking more than 10 bookings per year to undertake community

activities that are not considered a function, will be considered for a Regular Hire

Agreement.

2.2

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

booking to be eligible for Regular Hire.

2.3

Applications are only accepted annually during the Regular Hire application period

(strictly limited exceptions apply).

2.4

Requests for additional regular bookings (excluding Annual General Meetings) will not

be considered outside of the Regular Hire application period (September / October

annually), therefore Hirers must plan requirements in advance.

2.5

Requests for amended regular bookings (but not increased use) must be

communicated in writing to the Community Facilities Team via emailing

facilities@brimbank.vic.gov.au

with at least 10 business days’ notice.

2.6

Requests for additional bookings for the purposes of conducting Your Annual General

Meeting must be communicated in writing to the Community Facilities team via

emailing facilities@brimbank.vic.gov.au

with at least 10 business days’ notice and

Council’s adopted fees & charges apply.

2.7

Requests for Function Hire or Casual Bookings must be completed via Our Community

Facilities website as a separate application.

2.8

Cancellations must be communicated in writing to the Community Facilities Team via

emailing facilities@brimbank.vic.gov.au

with a minimum of 5 business days’ notice or

regular charges will still apply.

2.9

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

linked to facility swipe access.

2.10

Setup and pack-up must be included in the hire times.

2.11

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

facility.

2.12

Regular Hire is available on public holidays however Hirers acknowledge Council cannot

guarantee a response to issues that require certain trades and resources.

3.1

Fees and charges are set through the annual budget process and 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

3.3

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

Regular Hirers may be required to deposit a refundable bond, determined by the

annual budget process and / or direction of Council Officers.

3.7

Regular Hirers will be invoiced quarterly and payment is requested within the specified

timeframe on the invoice.

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

The Hirer must hold a current Public Liability Policy for a minimum of $20 million.

4.2

The Insurance must have a cross liability clause.

4.3

A current certificate of currency must be submitted with the Regular Hire application

(please show this clause to Your Insurance Company.)

4.4

You must at all times be the holder of a current Public Liability Policy of Insurance, which

covers You in respect to all of Your activities, and ensure a copy is provided to Council.

4.5

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.

4.6

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

Council’s fixtures.

4.7

You must take out, pay for, and maintain during the Term, contents insurance in relation

to its contents, chattels, equipment, stock and the like in the Premises which it wishes

to insure. Council will not be liable for any loss or damage to the Licensees contents,

equipment, stock and the like. A Certificate of Currency must be provided to the Council

annually on the anniversary of the Commencement Date, if requested by Council.

4.8

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 / swipes and security of the facility.

5.2

Keys / swipes issued must not be duplicated or reissued to any other person or group.

4

5.3

Key / swipe holders must not access or attempt to access the facility outside allocated

hours.

5.4

If the nominated key / swipe holder changes, all keys / swipes must be returned to

Community Facilities and new key / swipe holders will be required to resign for the

keys / swipes and alarm code.

5.5

Hirers are responsible for ensuring that all windows and doors are securely locked,

and all appliances switched off before leaving the facility.

5.6

Keys / swipes misplaced or lost by You will incur a $50.00 charge.

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 Reserve

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

Balmoral Sports 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

Bon Thomas Reserve Pavilion

8:00am –

3:30pm

8:00am –

3:30pm

Closed

Closed

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

5

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

8:00am –

5:00pm

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

St. Albans Senior Citizens

Centre

3:00pm –

11:00pm

3:00pm –

11:00pm

3:00pm –

11:00pm

3:00pm –

11:00pm

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

6.2

Storage is strictly limited; it is the Hirers responsibility to establish necessary

arrangements with Council Officers and obtain written approval.

6.3

All groups must provide their own equipment, label and store appropriately in

designated spaces only.

6.4

Hirers are responsible for set-up and pack-down of equipment in line with the site

layout available on notice boards.

6.5

All breakage and damage must be reported promptly to the Community Facilities Team

via email facilites@brimbank.vic.gov.au

. Compensation for damage may be required.

6.6

Kitchen access is included in facility hire and Hirer’s must provide their own utensils,

refreshments, etc.

6.7

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

the call out fee.

6.8

The Hirer permits Food Premises Inspection reports completed by Councils

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

6.9

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

associated with the booking.

6

6.10

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.

6.11

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

6.12

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

Facilities Team via 03 9249 4537.

6.13

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.

6.14

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.

6.15

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

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

permitted to be displayed during the Hire times.

6.16

No disorderly behaviour will be tolerated at Council facilities.

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 sinks.

-

Sweep and mop.

7.2

Bin cages / storage areas must be kept locked, clean and tidy.

7.3

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

boards within the facility.

7.4

All decorations must be removed after each booking and if any items remain, the cost

of removal may be invoiced to the hirer responsible.

7.5

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

7.6

Helium balloons must be tied down.

7.7

No sticky-tape, drawing pins or other materials which will puncture walls, floor or other

surfaces are to be used.

7.8

No smoke machines and pyrotechnics allowed.

7.9

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.

7.10

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

7.11

Smoking is not permitted at any time within any of Our facilities, including electronic

cigarettes.

7.12

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

7

7.13

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

7.14

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

7.15

Regular Hirers need to remove all items from the fridge and hall after each use and

are only permitted to store items in their allocated storage space, agreed in writing.

7.16

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.

7.17

We will conduct visits to check the condition of the facility to ensure compliance with

this Agreement.

7.18

If the facility is found to be in an unacceptable or unusable condition, We will provide

You with written notification and photos of any areas of concern that are identified.

7.19

If You are found to be responsible, You will consult with Us to agree upon a

rectification plan for action within 7 days from receipt of the report.

7.20

Inspections and outcomes will be recorded by Us and persistent non-adherence to this

Agreement, and / or high risk incidents will result in appropriate action being taken by

Us and will negatively impact future bookings.

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).

8.5

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

identified with the emergency equipment or procedures, inform the Community

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

.

8.6

It is Your responsibility to assess and plan for risks before the event (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.

8

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

Alcohol is prohibited at bookings when people under the age of 18 are present.

9.4

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.

9.5

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.

9.6

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

9.7

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.

9.8

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

9.9

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

advance via Business Forms | Brimbank City Council

.

9.10

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

in connection with Your organisations activities.

9.11

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

aims and objectives of Council.

9.12

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.

9.13

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.

9.14

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).

9.15

Permitted commercial activities are strictly limited and are subject to Council’s

discretion. Activities must align with the aims and objectives of Council 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.

9

10.2

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

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

information requested we will only use personal information provided by you 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.