L a s t U p d a t e d A u g u s t 2 0 1 0 Venue Hire Conditions for Major & Minor Venues Latrobe Performing Arts Centre Kernot Hall Moe Town Hall Traralgon Courthouse Traralgon East Community Hall Cameron Street Hall Churchill Public Hall Newborough Hall Latrobe Performing Arts & Venues -Venue Operations 8.30am 4.30pm Monday - Friday Ph: 5176 3566 E: venueoperations@latrobe.vic.gov.au General Hire Conditions Page 1 of 8
The Latrobe Performing Arts & Venues Co-ordinator and Theatre Technicians or their nominated representatives shall at all time and notwithstanding any hiring, be entitled to free access to any and every part of the Venue. The Designated Council Officer shall have the full and complete authority of the Council to issue instructions for the enforcement of these conditions. Venue for Hire Information All applications for the use of a Venue shall be confirmed on receipt of the Agreement for Use form prescribed, signed by all parties. Where application is made on behalf of an organisation or body of persons, the applicant shall state the name of such organisation and the authority of the applicant for making such application. A booking shall only be considered confirmed when all relevant paperwork is received and a copy of the hirers Public Liability Insurance Certificate of Currency. The Hirer shall remain liable for the full cost of any booking and associated resources cancelled within seventy two (72) hours of the scheduled start date. Cancellation of a confirmed booking must be received in writing by the Latrobe Performing Arts & Venues Co-ordinator or their representative at least 14 days prior to the event. The Hirer shall only be entitled to use of the particular part or parts of the building and facilities hired as indicated on the form prescribed. The Council retains the right to let any other portion of the building for any other purpose or purposes at the same time. It shall be at the discretion of Council to refuse to let the Venue in any case; and not withstanding that the Venue may have been let or that the conditions may have been accepted and signed. Council shall have full power if it sees fit to cancel such letting and direct the return of the fee and deposit so paid and the hirer hereby agrees in such case to accept the same and to be held to have consented to such cancellation, and to have no claim at law or in equity for any loss or damage in consequence thereof. The Hirer shall not bring any heavy articles of machinery or equipment nor any electrical cables, electrical distribution panels, lights, projectors or other electrical installation, equipment, fittings or furniture into the venue without first obtaining the approval of the Council Officer or Technician on Duty. Applications need to be made in writing. The Hirer shall not load any floor, stage, lift or other mechanical equipment beyond their capacities. The floors, walls, or any part of the building, or curtains, fittings or furnishings shall not be broken, pierced by nails or screws or in any other way damaged, and no notice signs, advertisements, scenery, fittings or decorations or any kind shall be erected in the building or attached to or affixed to the walls, doors or any other portion of the building, curtains, fittings, or furniture without the prior consent of the Council Officer. Any extra insurance premium rendered necessary in such cases shall be paid by the hirer. General Hire Conditions Page 2 of 8
No equipment shall be removed from the venue at any time, without prior Council approval. Hirers intending to provide catering must apply to Latrobe City Council Health Services for a Temporary Food Vendors Permit and pay any fees required. The conditions under which food is sold on any part of the premises shall at all times comply with the provisions of the Food Act, 1984 as amended. Food or refreshments of any kind will only be permitted to be sold from the kiosk in the foyer. Hirers must inform Latrobe Performing Arts & Venues if caterers for the event require access outside of confirmed booking times. Latrobe City Council may charge additional fees for early access to venue. No crockery is supplied in any Latrobe Performing Arts & Venues administered venue. Permission must be sought by the hirer at least 4 weeks prior to the event for the use of the pianos housed at the Latrobe Performing Arts Centre. The upright and grand pianos belong to the Latrobe Valley Eisteddfod. The Latrobe Performing Arts & Venues team will administer the process for permission of the Latrobe Valley Eisteddfod for piano usage. During the Hire Period Latrobe City Council may charge for any damage caused by the Hirer or occurring as a result of the hirer s use of the venue. If the Venue is not vacated by the agreed time, or is occupied prior to the agreed time, the Hirer shall pay an additional amount to the Council to cover costs incurred for the additional time worked by the staff and other associated costs. The use of confetti, glitter and candles are prohibited. If they have been used in default of these conditions the cost of the extra cleaning will be charged against the hirer. The use of streamers or articles of decoration, is prohibited unless with the express permission of the Latrobe Performing Arts & Venues Co-ordinator. No obscene or insulting language, disorderly behaviour or damage to property shall be permitted in any part of the building. Offenders may be removed from the Venue. No portion of the building hired shall be sub-let or any tenancy transferred or assigned without the written consent of Council (authorisation from the Latrobe Performing Arts & Venues Co-ordinator). All areas used shall be left in a clean and tidy condition, all fixtures and utensils shall be left clean and in good order and condition. The hirer shall immediately remove all rubbish, refuse and waste matter from area(s) used. Failure to do so will result in the Council Officer directing the work to be done and the cost of doing so will be added to hirers account. Smoking is not permitted inside the building or within 4 metres of the building. Where as a part of the performance smoking is required on stage, permission must first be sought in writing from the Latrobe Performing Arts & Venues Co-ordinator. General Hire Conditions Page 3 of 8
No animals shall be allowed in the building or its precincts without gaining approval in writing from the Council Officer. Service Animals such as Guide Dogs are allowed access as per legislation. No signs may be displayed outside the venue giving advance notice of functions without the consent of the Latrobe Performing Arts & Venues Co-ordinator. No game of chance at which, either directly or indirectly, money is passed as a prize shall take place in any portion of the building without the prior approval of Council, and then only in accordance with the Lotteries, Gaming and Betting Act. Where the Latrobe Performing Arts & Venues Co-ordinator or their representative deems it necessary, the hirer, at their own cost, will ensure that an adequate number of Licensed Crowd Controllers are provided to maintain good order in the venue and its surrounds. The hirer shall, when directed by the Latrobe Performing Arts & Venues Co-ordinator or their representative, arrange for Police attendance. Any person committing a breach of any one or more of these conditions may be expelled from the building. The hirer shall be responsible that he/she has duly registered his/her entertainment with the Taxation Department and the appropriate Copyright Authorities. Ticketing The Latrobe Performing Arts Box Office is exclusively responsible for the printing, sale and distribution of admission tickets to the Event and/ or Performances and the Hirer shall not, and shall ensure others do not, offer for sale, sell, re-sell or otherwise distribute or dispose of any tickets to the Event and/or Performances unless authorised to do so, in writing, by the Latrobe Performing Arts & Venues Co-ordinator. The Latrobe Performing Arts Box Office is located in the Latrobe Performing Arts Centre, Grey Street, Traralgon. The other two (2) Box Office outlets are located at the Latrobe Regional Gallery, Commercial Road, Morwell and Latrobe City Council Moe Service Centre, Albert Street, Moe. The Hirer shall provide to the Latrobe Performing Arts & Venues Co-ordinator at least ten (10) Business Days prior to the date on which tickets for the Event and/or Performances are first to be offered for sale the completed written notification on the Ticketing Information Form the following: The Hirer acknowledges and agrees that: a) The Latrobe Performing Arts Box Office is not liable for fraud, non-payment or theft by any person not being an employee of the Latrobe Performing Arts Box Office; b) The Latrobe Performing Arts and Venues Co-ordinator shall determine the number of tickets to be made available for sale for each Event and/or Performance and when those tickets will be made available for sale; c) The Latrobe Performing Arts and Venues Co-ordinator shall determine the format, contents and conditions relating to the printing of the tickets of admission and shall General Hire Conditions Page 4 of 8
determine the conditions of sale of the tickets including whether the ticket for any seat is to be sold as providing a restricted, side or rear view of an Event and/or Performance; d) The Latrobe Performing Arts and Venues Co-ordinator may withdraw from sale any tickets for seats if it determines that the view from those seats is so restricted as to make it undesirable to sell those tickets; e) The Latrobe Performing Arts and Venues Co-ordinator may at its absolute discretion provide a refund to any person who purchased to an Event and/or Performance of the price of that ticket or provide replacement tickets for another Event and/or Performance. f) The Latrobe Performing Arts and Venues Co-ordinator shall allocate the number and location of seats for wheelchair access. g) The Latrobe Performing Arts & Venues Co-ordinator shall take into account the Hirer s written instructions but may make their own decision in relation to any of the above matters. The Hirer may request that changes be made to the ticketing information provided by the Hirer. This MUST be done in writing before tickets go on sale. The Latrobe Performing Arts and Venues Co-ordinator shall advise the Hirer of the costs incurred in making such changes and the time required to effect those changes. The Hirer shall not offer for sale, sell or re-sell complimentary tickets or otherwise dispose of them under any contractual arrangement for valuable consideration. The Latrobe Performing Arts Box Office shall reserve for its own use, for each Event and/or Performance for which tickets are issued or sold, twelve (12) seats and shall retain the right to determine the location of those seats. The Latrobe City Box Office may use the House Seats at its discretion, and shall: a) Release for sale to the public any tickets for House Seats not utilised by the Latrobe Performing Arts Box Office by 11.00am on the day of any Event and/or Performance; b) Include the proceeds of any sales of any tickets for House Seats in Gross Receipts. In the case of the event being cancelled the Latrobe Performing Arts Box Office shall arrange refunds to all ticket holders. A fee equal to the booking fee shall be charged to the Hirer. As a part of Latrobe City Council s commitment to improve participation for all community members it is a condition of venue hire that event/activity operating in this facility must accept the Companion Card and Victorian Carers Card (i.e. you must not charge an admission or participation fee for the attendant carer/support person of the person who holds the Companion Card/ Victorian Carers Card). To ensure a quality theatre experience for your audience please encourage your patrons to reserve tickets as soon as they go on sale. All venues have limited amounts of priority seating for older persons and people with disabilities. Compliance The Hirer and any contractors or employees of the hirer shall comply with all the laws, regulations and requirements of Federal, State and Local Governments, statutory General Hire Conditions Page 5 of 8
authorities and with all notices, orders or directions given by any statutory or public authority in respect to the hirer s use of the facility. The Latrobe Performing Arts & Venues Co-ordinator shall have the full and complete authority of the Council to issue instructions for the enforcement of these regulations. The technician on duty will have authority if the Latrobe Performing Arts & Venues Co-ordinator is not present. Where permission has been granted for electrical equipment to be brought into the venue it must comply with current Electrical Testing Standards AS/NZ 3760:2003. Items can be tested and tagged for an additional fee. All lighting, audio, staging and other technical requirements shall be notified at least 30 days prior to the first performance. If technical requirements are not notified in the required timeframe whilst every effort will be made to comply with your needs it can not be guaranteed. Those hirers that qualify for the Community Venue Hire Grant or the Community Hire rate must include the Latrobe City Council Logo in all promotional material that relates to the hire of the venue. The hirer and any contractors or employees of the hirer shall comply with all the laws, regulations and requirements of Federal, State and Local Governments, statutory authorities and with all notices, orders or directions given by any statutory or public authority in respect to the hirer s use of the facility. The hirer of the Venue shall not do or neglect to do or permit to be done or left undone any things which affect the Council s insurance policy or policies relative to fire or public risk in connection with the building, and the hirer agrees to indemnify Council to the extent that any such policies may be affected through any such act of commission or omission. Neither Council nor its servants shall be liable for any loss or damage sustained by the hirer or any person, firm or corporation entrusting to or supplying any article or thing to the hirer by reason of any such article or thing being lost, damaged or stolen. The hirer hereby indemnifies Council against any claim by any such person, firm or corporation in respect of such article or thing. The Hirer shall at all times during the agreed Term, be the holder of a current Public Liability Policy of insurance ( The Public Liability Certificate of Currency ) in respect of the activities specified herein in the name of the Hirer providing coverage for a minimum sum of $10M (or more). The Public Liability Policy shall be affected with an insurer approved by the Council. The Public Liability Policy shall cover such risks and be subject only to such conditions and exclusions as are approved by the Council and shall extend to cover the Council in respect to claims for personal injury or property damage arising out of the negligence of the Hirer. Any incidents or hazards at the venue must be reported to the Latrobe Performing Arts & Venues or their representative as soon as possible. General Hire Conditions Page 6 of 8
Hirers and all contractors and employees of the hirer must adhere to all Occupational Health and Safety requirements including, but not limited to those relating to exposure to noise, working at heights, manual handling and safe operation of equipment. All events will subject to a Risk Audit. It is a requirement of the hirer to complete the VAPAC risk assessment for the event. This will be undertaken by the theatre technician(s) in conjunction with the hirer. Any items identified that require corrective actions must be addressed before the event will be allowed to proceed. No Council equipment, including ladders, tables and chairs, etc shall be used by hirers to work at any height. The Hirer, any members of the Hirer s company or any person under contract or volunteering services to the Hirer deemed to be intoxicated or consuming alcohol prior to a performance may be required to leave the building. Exits and passageways are not to be obstructed at any time. The number of Theatre Technicians required for the performance will be decided by the Latrobe Performing Arts & Venues Co-ordinator or their representative. The number of ushers required for the performance will be determined by the Latrobe Performing Arts & Venues Co-ordinator or their representative. A minimum of two will be required with additional ushers at an approximate ratio of 1:100. If ushers are supplied by Latrobe City Council the cost of these staff will be charged to the hirer. If ushers are supplied by the hirer they will be required to attend a briefing session prior to the performance. All ushers must be present for the duration of the performance (half an hour prior to the performance and fifteen minutes after the completion of the performance). It is a Work Safe requirement that all ushers carry a torch at all times. The torch shall be supplied by the hirer. Sale of goods or merchandise will not be permitted without written approval authorised by resolution of the Latrobe Performing Arts & Venues Co-ordinator or a Committee of Council, or where the sale of goods is ancillary to a recognised exhibition or trade fair. An additional fee will be charged in lieu of rates. All performance, recording and mechanical reproduction rights are the responsibility of the Hirer, or Producer of the event. The Hirer shall not produce or perform any dramatic or musical works in infringement of copyright or performance associated rights. This shall include music used in presentations, as a part of entertainment for an event or as incidental music to an event. The hirer hereby indemnifies the Council against any claim for breach of copyright in connection therewith. SPECIAL CONDITIONS RELATING TO USE OF ANCILLARY COMPONENTS AND COUNCIL EQUIPMENT No chairs, tables or other furniture shall be removed from the Venue at any time, without prior approval of Council. General Hire Conditions Page 7 of 8
Council s tables and chairs will be set up only where a plan has been submitted to Council. This plan should be received 7days prior to the function otherwise Council staff will not accept responsibility for the set up of the Venue. Any enquiries in this regard should be directed to the Council Officer. It is the responsibility of hirer to have a mobile phone on site, at the venue, during the hired period in case of any emergency. It is the responsibility of the hirer to familiarise themselves with the evacuation plan and emergency contact phone numbers displayed at the venue. It is the responsibility of the hirer to ensure that their organisation/group meet all requirements for the Working with Children Checks. Refer to www.justice.vic.gov.au/workingwithchildren Latrobe Performing Arts and Venues Bar Latrobe Performing Arts & Venues is solely responsible for the operation of the bar where alcohol is being sold, at all events or performances held within the Latrobe Performing Arts Centre, Kernot Hall and Moe Town Hall. Applications will be considered from Hirers that wish to operate a kiosk where there is no alcohol sold. The Council reserves the right to prohibit the introduction of liquor into the Venue or any part of the building at any time. In the event of any person desiring to bring into the Venue or any part of the building any liquor for consumption, it will be necessary for such person to make special application to Council for permission. The Responsible Council Officer may order the distribution of liquor to be temporary or permanently suspended during the function. The hirer shall be responsible for ensuring that the consumption of any liquor in the Venue complies with the provisions of the Liquor Control Act and shall also ensure that the Police are notified of any activity at which liquor is to be consumed. A copy of the hirer s Temporary Limited Liquor Licence, Licensee s Certificate and copies of Responsible Serving of Alcohol current Certificates must be forwarded to Venue Operations 7 days prior to the event. The Hirer is responsible for the display of the license and all additional signage. In the event of any dispute or difference arising as to the interpretation of these Conditions, or of any matters of thing contained therein, a decision of the Chief Executive Officer of Latrobe City Council thereon shall be final and conclusive. General Hire Conditions Page 8 of 8