Guidance Notes for Church Hall Booking
Unfortunately current experience has shown that Churches can inadvertently attract unwanted responsibility and cost if care is not taken over the letting of Church Halls to outside organisations. This responsibility can take two forms –
Anything that takes place on Church premises is assumed to be ‘all right’. We have an aura of safety and authenticity around us, both to those inside and those outside the Church. We need to be very careful that this trust is not abused or undermined.
In these days of ‘no win; no fee’ litigation people who feel themselves either to have been wronged or to have an opportunity to make some easy money will often sue. Even if an organisation using a Hall is nothing to do with the Church, the Church may find itself sued if it is deemed likely to have more money (and therefore a greater pay out) than the organisation using the Hall. Alternatively both organisations may be sued. The Church therefore has to make it absolutely clear that it has no responsibility for the letting organisation’s activities. It is should be noted that this does not take away the Church’s responsibility for ensuring that its premises are actually safe.
The following points should be born in mind in order to avoid liability:
There should be a written agreement between the PCC/Trustees and the Hirer, setting out the terms of business
The PCC should check that its basic insurance is up to date and whether it would be prudent to include additional cover for items such as Hirer’s Public Liability and Loss of Revenue. While larger organisations e.g. Scouts will have their own public liability insurance, not all organisations will and if damage occurs by those groups the fact that the PCC has public liability insurance will formally prevent an insurance company from taking steps to recover the cost from the Hirers of any damage which may occur - a useful point when letting to more disparate groups.
The PCC/Trustees should decide a level of fees for hiring the Church Hall
The PCC should ensure that any person signing a Hiring Agreement is over the age of 18.
It should be made clear to the Hirer whether the PCC holds any Licences for the property and the Hirer’s responsibility to obtain any others that may be necessary for the event they are to hold.
The PCC should consider whether it should seek a deposit which would be retained as compensation if the event were cancelled at short notice or to cover any damage that might occur
The PCC should oblige the Hirer to comply with fire and other safety regulations and point these out specifically to the Hirer.
The PCC should consider compliance with food, health and hygiene regulations.
The PCC will be responsible for the regular testing of portable electrical appliances belonging to the Hall.
The PCC should retain the right to refuse or terminate a booking
If the Hall is to be used for one day sales on an occasional basis the PCC/Trustees should contact the local Trading Standards /Department to see if there is a Code of Practice for such sales.
The PCC should bear in mind the charitable nature of the trusts on which it holds the Hall and ensure that the Hall continues to be available for community rather than commercial use.
The PCC should check the requirements of the Licenses for the sale or provision of alcohol.
Safety of children - the PCC should ensure that the Hirer will comply with the relevant provisions of the 1989 Children Act and any conditions required by Social Services and furthermore that only fit and proper persons will have access to children.
The PCC should ensure that no breach of Gaming of Betting Laws are contemplated
The PCC might wish to consider items such as storage, cleaning and security and nuisance e.g. litter on the premises.
The attached ‘model’ form seeks to cover relevant matters. In particular -
The statement on insurance should ensure that any costs accruing to the letting organisation can be covered independent of the Church.
The Child Protection statement should ensure that an organisation working with children is taking proper steps to safeguard them both in its practice and in its recruitment of leaders
Food Hygiene is now a significant issue. The statement on this should ensure that should food poisoning occur, the responsibility will lie with the parent body! Food Inspectors may visit without warning and, again, this statement should ensure that organisations take responsibility for their own activities. (If the Hall does not have catering facilities this can be excluded).
Please note that the letting form is aimed at organisations not individuals. In the case of a private party, it is deemed that parents of children attending are passing parental responsibility to the hosts. In the same way those attending an adult private party will assume their hosts will not poison them!
N.B. The Hall Hire Form (available here) and Conditions of Use are examples only and will need modifying for local use. The Hire Form is targeted at organisations and will need modifying if used for individual’s hire of the Hall.
