Participation Event Hiring of a Public Open Space

If you are considering the hiring of an Open Space, the Conditions of Use must be read and understood before completing either an |Initial Enquiry Form or |Application Form.

Please also see |Fees and Charges

All hirers must fully satisfy and fulfil all these conditions as below.

Conditions of Use

1. The Council's decision on any matter affecting the use of the Land by the hirer, any damage arising from such use and any costs incurred as a result of that use shall be final and binding on both the Council and the hirer.
   
   
2. Notification of the intention to employ fairground contractors or to use Equipment usually used by fun-fairs, in connection with the use of the Land must be given to the Council at least fourteen days prior to the commencement of the period of use. The Council has absolute discretion to permit or prohibit such actions.
   
   
3. Not less than 16 days prior to the commencement of the period of use, the hirer shall provide to the Council a plan showing the positioning of all erections, vehicles, caravans, appliances and any other Equipment to be used in connection with the running of the event, (hereinafter collectively referred to as the "Equipment"), together with Public Liability Insurance documents and test certificates (e.g. ADIPS) for all rides to be approved by the Council, including those used as living quarters by the staff of the Hirer.
   
   
4. The Council may require either the alteration of the positions or removal of the Equipment from the Land.
   
   
5. In no circumstances shall Equipment be taken on to the Land when the state of the ground is such that damage is likely to be caused or inconvenience is caused to the public, save that nothing contained in this clause shall effect the responsibility of the Hirer under clauses 13 to 15.
   
   
6. Equipment shall not be taken on to the Land earlier than four days before the commencement of the Period of Use without written permission from the Council.
   
   
7. All Equipment must be removed from the Land by the end of the second day after the expiry of the Period of Use. The Council may charge for each day over the permitted Period of Use the Hirer occupies the Land as well as any expenses incurred restoring the Land to its condition prior to the Period of Use.
   
   
8. The Hirer shall ensure that no vehicles whatsoever other than the Equipment are permitted to enter or remain upon the Land without prior written approval from the Council.
   
   
9. The Hirer shall pay any expenses incurred by the Council in carrying out any work necessary in preparing the Land for use by the Hirer including the erection of barriers and fences.
   
   
10. Access to the Land for the general public must not be restricted in any way unless by written consent of the Council This does not restrict the right of the Hirer to offer for sale any tickets or programmes to view or attend the Event.
    
    
11. The Hirer shall make no charge to the general public wishing to gain access to the Land except by written permission of the Council.
    
    
12. The Hirer shall ensure that no nuisance, annoyance or inconvenience of any kind whatsoever shall be caused to the Council or owners or occupiers of adjoining or neighbouring properties caused directly or indirectly by the Hirer's use of the Land. To this end all commercial lets must end no later than 10.00 pm Sunday to Friday and 11.00 pm on Saturdays.
    
    
13. The Hirer shall fully indemnify the Council against all claims of any kind whatsoever, attributable to or arising out of the Hirer's use of the Land.
    
    
14. The Hirer shall effect Public Liability Insurance with a minimum indemnity limit of not less than £5m (five million pounds) in respect of any one occurrence or series of occurrences. The Council's interest must be noted in the Policy and the Insurance must indemnify the Council in respect of any liability that the Council may incur for personal injury or damage to property, sustained as a result of the use of the Land by the Hirer. The Hirer must present a copy of this Insurance Policy to the Council, not less than 16 days prior to commencement of the period of use, and Insurance must be arranged for ALL facilities that will be provided on site during the hire period.
    
    
15. The Council's Safety Officer shall be allowed access at any time onto the Land to carry out inspections and any decisions made by the Officer regarding safety and fitness of use will be binding. If it is necessary for the Council's Safety Officer to make more than one visit to the site, the hirer will be responsible for bearing any additional cost. The Hirer shall ensure that the Officer inspects the Land before the public are allowed access onto the Land.
    
    
16. The Hirer will be held responsible for the cost of the Council restoring the Land to its condition immediately prior to the Period of Use, the repairing of any damage to the Land arising out of the Hirer's use and the clearing of litter and debris not cleared away by the Hirer to the satisfaction of the Council by not later than noon on the day after the period of use. Any costs arising from any default under this clause shall be enforced against myself and or the Hirer on whose behalf I sign and accept these Conditions of Use.
    
    
17. The Council may refuse permission for travelling fairs and circuses to be sighted on the Land unless Certificates of Fitness relating to every ride in the fair can be produced. Each such Certificate must be valid for the period of hire with Elmbridge Borough Council and produced with Insurance documents not less than 16 days prior to hire, as outlined in 14 above.
    
    
18. To observe all relevant laws, regulations, statutes and licences relating to the Land and its use for staging the Event including but not limited to observance of the Regulations contained in Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and the Highways Act 1980 in relation to advertising the Event. Failure to comply with the said legislation relating to advertising may lead to criminal prosecution.
    
    
19. No fires shall be allowed without prior written approval from the Council.
    
    
20. When employing fairground contractors, precautions must be taken against damage caused to the Council's property from oil etc that may be discharged from the fairground machines and that sawdust or similar material should be used to protect the turf.
    
    
21. The hirers must satisfy themselves that the operators of fairground machines have adequate public liability insurance cover for injuries to third parties.
    
    
22. It is the Hirer's responsibility to provide adequate toilet facilities and to liaise with the Thames Water Authority for water provision on the Land.
    
    
23. It is an offence knowingly or recklessly to make a false statement in, or in connection with, a participation event notice. (A person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement.