Library Theatre and Shakespeare Memorial Room Hire
Conditions of Letting to be observed by the persons to whom the accommodation shall be hired
1 Interpretation
In these conditions The Council means Birmingham City Council. Function means the purpose for which the accommodation is hired. Accommodation means the whole or part of the Hall or Premises hired. The Hirer means the person by whom the Accommodation is hired.
2 Bookings:
All application must be submitted to:
Room Bookings and Sales
Central Library
Chamberlain Square
Birmingham
B3 3HQ
The application must be submitted to the Room Booking and Sales department, in writing, on the appropriate Application and Letting Agreement Form and signed by the Hirer. The Hirer must state the precise purpose of the booking for which the Accommodation is required. The Council reserve the right to refuse any application without stating their reason.
The Hirer, who must be at least 18 years old, is the person responsible for the hiring charges and for ensuring that these conditions are duly observed. All hirings are provisional until confirmed in writing by the Room Booking and Sales department and no public announcement must be given by the Hirer of any function until such confirmation has been given. All publicity material relating to the booking must be sent to and approved, in writing, by the Principal Officer Room Booking and Sales before it is distributed.
3 Assignments:
The Hirer shall not assign or part with the benefit of the hiring of the Accommodation or any part thereof or permit any other person or body to use the Accommodation or any part thereof.
4 Restriction of Use:
The City Council is not prepared to let land or buildings where it is satisfied that the safety of buildings and the public cannot be ensured; that the use will foment racial hatred or discrimination; that the use is by the Unification Church (no matter in what name an application is submitted); or an anti-democratic or neo-fascist group or supporters of terrorism in general.
The Accommodation hired shall not be used for any purpose other than that for which it is specifically booked. It may, therefore, not be used for a purpose ancillary to the main purpose for which it is hired, unless that ancillary purpose shall have been applied for and agreed by the Council in writing.
5 Charges:
The appropriate deposit (see price list) must accompany the Application and Letting Agreement Form. This deposit will be returned if the Council does not approve the hiring.
The Council reserve the right to alter the charges without notice and the charge payable shall be that ruling at the time of the function, not at the time of making the booking. Details of current hire charges and deposits payable are obtainable from the Room Booking and Sales department. The schedule of charges applicable at the time of the function will be deemed to be part of these Conditions of Letting. However, the deposit will be refunded and the hiring cancelled if the Hirer is not prepared to pay any increase resulting from the review of charges. Any cancellation at the hirer's request must be notified to the Council within 14 days after notification of any price increase. Otherwise the hirer will be bound by the new charges.
6 Cancellations:
(a) By the Council:
In the event of the Accommodation being wanted for any public purpose on any day which it may have been granted or let (this includes the powers under the Representation of the People Act 1985), the Hirer, to whom it may have been granted or let, will be required to give it up on that day. If the Accommodation shall be closed in consequence of any calamity, Royal demise, epidemic, fire, Act of God, war or its consequences or is not available for the purpose of hiring through Council Policy either on a temporary or permanent basis in consequence of the withdrawal or suspension of any Licence or by reason of any alteration or other work required to be done by the Licensing or other Authority or by reason or any combination of any strike or lock-out of any workman interfering with the efficient working of the Accommodation or from any cause whatsoever not within control of or not occasioned by the default of the Council and in any of the said events, no claim shall be made against the Council in respect of the cancellation of the hiring. The same shall apply should the Council decide to close the Accommodation permanently. The Council also reserves the right to cancel any booking if it becomes aware that the Hirer intends to engage in an activity which will not be wholly lawful, which would or could cause the Council embarrassment, or which is encompassed by the restrictions indicated in (4) above. In any such situation no claim shall be made against the Council in respect of the cancellation of the hiring but any deposit paid by the Hirer will be refunded. The Councils decision upon the above matters shall be final and conclusive.
(b) By the Hirer:
If the Hirer shall cancel for any reason, the due charge specified on the schedule of charges appropriate at the time of the function, must be paid unless Birmingham Library Services is able to re-let the Accommodation, in which case the charge will be refunded. If the Hirer cancels within 14 days after notification of an increase in charges, any deposit paid will be refunded.
7 Insurance and Indemnification:
The Council does not accept any responsibility or liability whatsoever for any articles, goods or property brought into the Accommodation by the Hirer or any other person. Whilst all reasonable care will be taken of all personal property or belongings deposited in the cloakrooms, no responsibility whatsoever can be accepted by the Council for any loss or damage to such property or belongings. The Council does not accept any responsibility or liability whatsoever for damage to any persons apparel or property, however caused unless due to the negligence of the Council, its employees or agents.
Whilst the Director of Leisure & Culture (Library & Information Services) may, from time to time offer assistance and advice in relation to the distribution and printing of tickets and the publicising of the letting, such assistance and advice is offered without any warranty, expressed or implied, and on the condition that no action shall lie in respect of the accuracy or otherwise of any information supplied by or the degree of care or skill employed by the Directory of Leisure & Culture (Library & Information Services), employees or agents, in connection with the offering of such assistance and advice.
The Director of Leisure & Culture (Library & Information Services) if requested may be able to assist the Hirers in obtaining musical instruments, stage lighting, scenery, chairs, music stands, or other equipment, which the Hirer may require in connection with the letting, but such assistance is given on the condition that the Council accept no responsibility for any damage, direct or consequential, resulting from the use of any such articles or the inadequacy of any arrangements made for their provision.
The Hirer shall accept responsibility for staff supplied to them and shall indemnify the Council against any claim for damages or loss or injury sustained by any acts arising from such staff.
The Hirer shall indemnify the Council from and against all claims for damages or penalties for intellectual property right infringed including copyright, and any costs or expenses occasioned thereby.
The Director of Leisure & Culture (Library & Information Services), if requested may be able to assist the Hirers in obtaining musical instruments, stage lighting, scenery, chairs, music stands, or other equipment, which the Hirer may require in connection with the letting, but such assistance is given on the condition that the Council accept no responsibility for any damage, direct or consequential, resulting from the use of any such articles or the inadequacy of any arrangements made for their provision.
The Hirer shall accept responsibility for staff supplied to them and shall indemnify the Council against any claim for damages or loss or injury sustained by any acts arising from such staff.
The Hirer shall indemnify the Council from and against all claims for damages or penalties for intellectual property right infringed including copyright, and any costs or expenses occasioned thereby.
8 Right of Entry:
The Council reserves to staff of the Room Booking & Sales department and such other persons as may be duly authorised by the Director of Leisure & Culture (Library & Information Services) the right of free and unimpeded entry at all times to the Accommodation and instructions must be given accordingly by the Hirer to all his/her officers.
9 Copyright Music
The Council has applied for a licence from the Performing Rights Society Limited for the performance of copyright music under their control and the Hirer is responsible for ensuring that the necessary returns are made as required by the said Society. The list of music played should be supplied to the Room Booking & Sales department after the performance but before the Hirer leaves the Accommodation. No music or stage play, the copyright of which is vested in any other person or society, shall be performed unless sanction has been obtained from the copyright holder.
10 Payments, Royalties etc
The Hirer must make arrangements for the settlement by him/her of any payments or of any royalties chargeable by any other party relating to the function.
11 Recorded Items:
In the event of the Hirer using any gramophone records, tapes, cassettes, or a like method of reproduction at the function, the Hirer shall be responsible for the payment of any fees which may thereby become due to the Photographic Performance Limited or the Performing Rights Society Limited or any other person.
12 Lotteries, Raffles and Gaming:
The Hirer shall not in any circumstances:
(a) hold or permit to be held in any part of the Accommodation any lottery, unless the lottery falls within the exceptions contained in Sections 3 to 5 of the Lotteries and Amusement Act, 18976 or any subsequent amendments to this Act; and provided that the relevant conditions and requirements of the appropriate sections are observed:
(b) use or permit the Accommodation or any part thereof to be used for the purpose of gaming, unless appropriate registration under the Gaming Act 1968 in force and consent of the Council for such gaming has been previously obtained.
13 Staff:
The Hirer shall at all times be responsible for the maintenance of good order during the function. Special attention must be given to the following:
(a) any entrance by which the public may gain access, i.e. foyers, stage, doors etc., must be staffed at all times that the Accommodation is open to the public.
(b) where a Stage Play Licence or Cinematography Licence is in force, the Hirer must supply at his/her own expense a Fireman who shall come under the direct control of the Room Booking & Sales department and who must not be permitted to undertake any duties other than those laid down by the Room Booking & Sales department. The name of the said Fireman must be supplied to the Room Bookings and Sales department in advance and entered in a book specially kept for this purpose.
14 Prohibitions:
All hirings are subject to the following prohibitions:
(a) No bolts, nails or tacks should be driven into any part of the Accommodation or the furniture thereof.
(b) The use of gas filled balloons and paper streamers is prohibited.
(c) No wax or powder shall be placed on any floor.
(d) Inflammable materials and articles of an explosive nature are not allowed in the Accommodation.
(e) No live animal and no article or appliance which is dangerous or offensive may be allowed in the Accommodation.
(f) No alteration, addition or variation shall be made by the Hirer to the lighting or other electrical installation (except by prior permission of the Room Booking & Sales department), heating, seating, gangways, fittings, fixtures and other arrangements of the Accommodation.
(g) Stage fittings, decorations, flags, emblems or posters shall only be affixed to or in the Accommodation with the consent of the Room Booking & Sales department.
(h) Smoking is strictly forbidden in all parts of the Accommodation.
(i) No mobile gas filled appliance may be used in any part of the Accommodation.
It is the responsibility of the hirer to ensure that these prohibitions are complied with.
15 The Hirer shall be present at the Accommodation at all times during the function and shall identify himself as such.
16 The Hirer shall ensure that the number of persons admitted to the Accommodation does not exceed the number stated in the booking form.
17Passages and Gangways
The existing passages and gangways between and behind the seats and those providing free access to the doors of the rooms and also the corridors, fire escapes, passages and yards must be kept clear.
18 Lighting
An adequate standard of lighting must be maintained in the hall, rooms and corridors at all times. These will be turned on and off by the Council employees.
19 Fireproofing
All scenery, draperies and stage properties used in the Accommodation are to be treated with fire-resisting solution and maintained in a non-flammable state to the satisfaction of the Chief Fire Officer. No materials of a flammable nature, which constitute a fire risk, are to be brought into the Accommodation.
20 Set Erection
The erection of scenery, hanging or flying of cloths, curtains and the use of any props, stage equipment or furniture will be subject to the approval of the Room Booking & Sales department. Their decision on matters arising from any set erection or dressing will be final.
21 Removal of Scenery, Properties and Equipment
Any instrument, furniture, equipment, stage scenery, programmes, leaflets, etc., which may be brought into the Accommodation must be removed before the termination of the hiring period unless other arrangements are specifically made with the Room Booking & Sales department. The Council will not accept liability for any damage to any items of this nature during the period they remain in the Accommodation unless due directly to the negligence of the Council, its employees or agents.
22 Manufacture of Scenery and Other Items
The manufacture or construction or painting of scenery and other work of a similar nature must not be carried out in the Accommodation.
23 Electrical Services
The Hirer will be responsible for payment of the services of a Council electrician if, in the opinion of the Room Booking & Sales department the services of such an electrician are warranted by the temporary installation of additional, or operation of any additional sound, lighting or other electrical equipment. The rates for this service are available from the Room Booking & Sales department.
24 Broadcasting, Television and Publishing Rights
When it is proposed to broadcast, televise or publish any performance or function or part thereof, authority in writing must be obtained from the Room Bookings & Sales department.
The Council reserves the right to make arrangements for the broadcasting or televising of any function at the Accommodation hired and the Council may retain the whole of the payments made in respect of such broadcasting or televising.
25 Photography
No photographs, flashlight or otherwise, shall be taken in the Accommodation without the consent in writing of the Room Booking & Sales department.
26 Tickets
Tickets can if the Hirer so requests be put on the Box Office computer system; charges will be at 10% of all tickets sold. These will be on sale at all Birmingham Convention and Visitor Bureau outlets, the Town hall, Birmingham Hippodrome, Alexandra Theatre, Midlands Art Centre and Repertory Theatre and the Library Customer Services Ticket Shop.
Alternatively hirers may print, sell and distribute their own tickets.
27 Car Parking
Cars, lorries or any other vehicles must not be parked on any part of the premises of which the Accommodation forms part and must not be parked on the highway in such a manner as to obstruct the free flow of traffic. A plan of designated parking areas is available from the Commercial Unit. The City Council does not accept responsibility for fees incurred by hirers or other users of the Accommodation.
28 Catering, Cloakrooms, Sales, etc.
Arrangements for catering, cloakrooms and miscellaneous sales of any kind must be made in the first instance with the Commercial Unit.
The Accommodation cannot be used for sales unless this has been authorised in writing by the Commercial Officer. No sales in any part of the Accommodation is permitted on a Sunday.
29 Consumption of Alcohol on the Premises
The Hirer shall ensure that intoxicating liquor is neither brought into nor consumed in the Accommodation. (A bar may be arranged in prior consultation with the Room Bookings & Sales department and if granted by the licensing Justices.)
30 Conduct
The Accommodation shall be used in a decorous manner and the Hirer shall ensure that no unnecessary noise is made by persons entering or leaving the same and shall not cause or permit to be caused any nuisance or annoyance to any persons. The Hirer is responsible for good order and decency in the use of the Accommodation.
The Hirer is under an obligation to leave the premises in a clean and orderly state. The Hirer will be charged for any damage caused to the Accommodation during the period of the letting.
31 Room Booking & Sales Department
i) Any decision arising out of the hiring made by the Principal Officer Room Booking & Sales or their duly authorised representative shall be final.
ii) In the event of any matter arising in connection with the letting of the Accommodation, which is not covered by these conditions the Directory of Leisure & Culture (Library & Information Services) shall have full power to give instructions to the Hirer and the Hirer shall comply with those instructions.
32 Security
For the Library Theatre accommodation, one/two security men are required. No charge is made for this during the hours Monday to Friday, 0800 - 2200 hours and Saturday 0800 - 1800 hrs. At other times a security charge will be levied. Details of charges can be provided by the Room Booking & Sales department. The charges and hours may be varied at the discretion of the Council but in these circumstances the Hirer has the opportunity to cancel the booking and his deposit will be refunded. This cancellation must take place within 14 days after notification of any price increase otherwise the Hirer will be bound by the new charge.
33 Supplementary
If any other matter is not covered by these Conditions the Council may give instructions to the Hirer and the Hirer shall comply with such instructions.