Terms and conditions for hire of Council premises
What am I hiring, what for and when?
1. The Premises
The Council agrees to hire to You the Premises, in accordance with Our Agreement. By signing and submitting the Application, you have agreed to accept these Terms and Conditions of Hire and Our Agreement for the hire of the Premises.
Our Agreement applies only to a Minor External Event does not apply to a Major External Event.
2. Permitted Use
You may use the Premises only for the Permitted Use during the Term and Operating Hours. You must comply with all laws and requirements of any relevant authority regulating the Permitted Use of the Premises including obtaining (and where relevant maintaining) any required consent(s), approval(s) or license(s).
The term of Our Agreement will be for the period referred to as the Term, commencing on the Commencement Date and terminating on the Terminating Date.
4. Operating Hours
You may use the Premises only during the Operating Hours.
What does it cost?
5. Fees & Charges
You must pay to Council, without deduction or set-off, the Hire Fee (as adjusted), in advance, in cleared funds by the Due Date. The Hire Fee is charged according to Council’s adopted ‘Current Fees and Charges’.
You must also pay to Council at the same time as the Hire Fee and any other payments that are payable under Our Agreement including any GST payable or collectable by Council as a result of the imposition on you of the obligation to pay a Hire Fee or any other charge.
Where the hire of the Premises is a Casual Booking, Council takes responsibility for all building insurances and public liability insurance.
Where the hire of the Premises is a Permanent Booking, Council will pay for all building insurances and you must observe the requirements of clause 16.
Council is solely responsible for the cost of any repairs to the Premises unless such repairs are made necessary by Your use of the Premises or any act, neglect or default by you, in which case such repairs must be paid by you and if such repairs are paid for by Council such payment may be recovered from you as a Liquidated sum payable on demand. You acknowledge that Council takes no responsibility for any items of equipment or personal belongings left at the Premises.
6. Use of Premises for Permitted Use
You are entitled to use the Premises for the Permitted Use without undue interference subject to observing your obligations under Our Agreement.
You may advertise for functions or activities to be held in the Premises provided you do so in accordance with the Ku-ring-gai Development Control Plan 28 and all applicable laws and or Council policies.
8. Cancellations / Wet Weather
You are entitled to cancel or alter any booking arrangements for the hire of the Premises provided your request is in writing and subject to the following conditions:
(i) Where (2) two weeks or more notice is given, there will be no charge.
(ii) Where less than (2) two weeks’ notice is given, the Hire Fee for the booking will be charged in full or You have the option of selecting an alternative day or Premises.
Council reserves the right to:
(iii) Cancel any booking with (2) two weeks’ notice if the Premises are unfit for the purpose of the intended hire.
(iv) Substitute the Premises for other premises fit for the purpose of the intended hire on no less than seven (7) days’ notice except in cases of emergency.
(v) Effect immediate cancellation of any function if deemed necessary by the Council’s General Manager.
(vi) Refuse bookings for functions it deems inappropriate.
Council will not be liable for loss or damage or otherwise in consequence of the exercise of any right under this clause.
In the event that wet weather prevents the use of the Premises (where these are located outdoors) Council may, at its discretion give you a credit equivalent to the amount of the Hire Fee which may be applied to the use of the Premises or alternative Premises on another day.
Council will provide a key or access code to the Premises. The Keys or access code are to be collected/obtained from the Ku-ring-gai Council Chambers, 818 Pacific Highway, Gordon, between 8:30am and 4:30pm Monday to Friday the last business day before your hire of the Premises. You must surrender all keys to the Premises held by you to Council on the first working day following termination of Our Agreement or expiration of the Term. In the event of keys being lost or not returned to Council you agree to pay for the cost of replacement of the key(s) which may be deducted from the Security Deposit if one is held by Council or treated as a charge payable by you. You acknowledge that if you have a Permanent Booking that you are required to pay a Key Bond prior to receiving keys to the Premises.
10. Conduct and Noise
(i) ensure that there is no adverse environmental impact as a result of the Permitted Use of the Premises;
(ii) comply with Council’s Sustainable Event Guide by adopting sustainable practices such as the use of non-plastic serving materials and utensils (ie. bamboo plates etc); and
(iii) ensure that the Premises are secured against unlawful entry at the completion of Your use of the Premises.
You must not:
(i) do anything in relation to the Premises which in the reasonable opinion of the Council is annoying, offensive or dangerous to other occupiers of the Land or to the owners or occupiers of land or buildings in the vicinity of the Premises; which is illegal; or causes damage to the Premises; or liable to void any insurance in respect of the Premises or increase any insurance premium;
(ii) store equipment at Council facilities without a separate current licence agreement or seasonal facilities rental contract;
(iii) store or otherwise utilise Hazardous Substances on the Premises;
(iv) erect signs, notices, advertisements, decorations, streamers, bunting, flags, or structures within or upon the Premises without Council approval; and
(v) play music or operate loudspeakers so as to cause a nuisance.
Smoking is prohibited on the Premises in accordance with Council’s Smoke Free Ku-ring-gai Policy and where smoking includes e-cigarettes.
The sale or consumption of alcohol is prohibited unless You are legally licensed and have notified Council.
If you are licenced and you have obtained approval for the consumption of alcohol You must always display any liquor permit during the Term whenever alcohol is being consumed.
You must complete a Notification to Take and Consume Alcohol(PDF, 41KB), to be obtained from the NSW Police or Council.
No glass bottles may be used in the Premises however glass containers to transport food may be used instead of single use plastic.
13. Selling/Service of Food
If You are hiring the Premises for the purpose of a function or event that involves the sale of food, eg. businesses (including not-for-profit and charity fundraisers) You are required to sell safe and suitable food in compliance with the Food Standards Code. For more information about how food businesses can comply with the Food Standards Code please refer to the NSW Food Authority’s publication Guidelines for food businesses at temporary events.
Food businesses may have to appoint a Food Safety Supervisor (FSS). To determine if You require a Food Safety Supervisor refer to the
You must submit to Council the below information about each food business in attendance. In the case of a Permanent Booking involving the sale of food from multiple food businesses such as a market, You are responsible for updating the below food business information every time there is a change of food business attendance
- Business name and contact details.
- ABN (Australian Business Number).
- Type of food eg. ice cream, coffee, hot dogs etc.
- Food Safety Supervisor Certificate (if applicable).
- Council Food Inspection Report (any NSW Council issued report from the last 12 months).
- Public Liability Insurance (minimum $20 million cover).
Prior to the use you must ensure that each business notifies their food business details by completing Council’s online temporary food stall/van notification form.
You must promptly give to Council notice in writing of any of the following:
(i) the death of or injury to any person or damage to any property involving or in any way connected with the use of the Premises; and
(ii) any damage to, defect in, or deterioration of the Premises or Equipment.
15. COVID-19 Safety Plan (not currently required)
If your use of the Premises involves enclosed Council Premises You must submit to Council a plan setting out how you will create and maintain a safe environment for you, your volunteers and visitors to the Premises prior to the use of the Premises for approval by Council. View a sample COVID-19 Safety Plan template here.
If you have a Permanent Booking or You are not a Casual Hirer or if you engage volunteers, You must affect and maintain public liability insurance for an amount of $20,000,000, volunteers’ insurance and any other insurance reasonably required by Council and You must provide Council with a copy of the certificate of currency of such insurances prior to the use of the Premises.
You are solely responsible for ensuring that the Premises are left in a clean and tidy state following your use of the Premises and that all rubbish is removed from the Premises. If Council is required to clean the Premises or remove rubbish left at the Premises it will do so at your cost and recover from you the reasonable cost of any required cleaning and which may otherwise be recoverable from you as a Liquidated sum.
18. No Assignment
You must not assign, sub-licence or sub-contract any of the rights or obligations under Our Agreement.
19. Indemnity and Release
You are solely responsible for ensuring Your safety and the safety of others when using the Premises and You agree to indemnify Council in respect of:
(i) Any liability or loss arising out of and any costs incurred at any time whatsoever as a result (directly or indirectly) of a breaching any term or condition of Our Agreement by You.
(ii) In the case of a Permanent Booking, any claim, demand or liability for any injury to or death of any person occurring on or near the Premises in connection with the use of the Premises, unless caused by the negligence or a wilful act or omission of Council.
In the case of a Permanent Booking You further agree to release, to the extent permitted by law the Council, the Council's employees and agents from any liability or obligation to yourself (or any person claiming through you) in respect of any accident, damage, loss (including financial loss), death, injury, costs or expenses occurring in, or outside, the Premises arising by reason or out of or in connection with Your possession or use of the Premises unless caused by the negligence or wilful act or omission of the Council.
The provisions of this clause 19 will continue to apply notwithstanding the expiry or earlier termination of Our Agreement.
20. Council Access to Premises
The Council will at all times during the continuance of Our Agreement retain possession of and full control over the Premises and will at all times by itself, its servants and agents have full and free access thereto for such purposes as it may see fit.
21. Imposition of Additional Charges
Council has the right to impose additional charges where the Premises and their surrounds are not left in a clean and tidy condition, chairs and tables have not been put into the correct storage areas (unless previous arrangements have been made), where lights or heaters are left on, where garbage is not correctly disposed of, and where You access the Premises prior to the Commencement Date, or fail to vacate after the Terminating Date or use the Premises outside of the Operating Hours and where such costs or charges shall be recoverable as a Liquidated sum.
22. Recover Costs for Damages
Council may recover from You any loss or damages in respect of any damage to the Premises where the damage was caused by Your negligence or wilful act or omission and where such costs or charges shall be recoverable as a Liquidated sum.
23. Booking Priority
You acknowledge that where the Premises are subject to a Lease, Licence and permanent hire agreements or required for use in an emergency that these are always given priority over any casual bookings.
24. Outstanding Fees & Charges
Any fees and charges that are outstanding at any time may be recovered from You by Council as a Liquidated sum and payable on demand together with the cost of any required legal action seeking demand for payment where payment is not made within the time required.
25. Approval Request
Council reserves the right to refuse to grant you approval or consent for any matter or thing where acting reasonably and where your proposed use of the Premises is considered to represent a high risk.
26. Recourse to Security
Council reserves the right to have recourse to any Security Deposit, if held, if at any time any fees and charges owing to Council remain outstanding.
27. Restrict Access to Premises due to COVID-19
Council reserves the right to cancel any booking made in relation to the use of the Premises if required as a result of the COVID-19 Pandemic and if so cancelled Council will give you a credit equivalent to the amount of the Hire Fee for the future use of the Premises or may at its discretion refund the Hire Fee.
Council may terminate Our Agreement by written notice to you:
(i) if you breach a term of Our Agreement and fail to remedy that breach within 14 days of the receipt by You of a notice from Council specifying the breach and requiring you to remedy it;
(ii) if Council is of the reasonable opinion that the You are unable or unwilling to comply with Your obligations under Our Agreement.
Termination of Our Agreement pursuant to this clause shall be without prejudice to the rights of either party accruing before termination.
You will be liable to Council for any loss suffered by Council and arising out of or in connection with such termination or prior breach. Council will not be liable to you for any loss suffered by you and arising out of or in connection with termination of Our Agreement.
Notice of Dispute
Either party may, at any time, notify the other party in writing that there is a dispute or difference concerning any matter in Our Agreement, where the notice must identify subject matter, relevant provisions of Our Agreement, relevant correspondence and background material.
Parties to Confer
The parties must within 21 days of the service of the Notice, meet to discuss and reach a mutually acceptable decision.
If no Resolution
If the parties are unable to reach a mutually acceptable resolution to their dispute, then the parties are at liberty to take such further action as permitted at law.
In these Terms and Conditions, unless the contrary intention appears capitalised words have the following meanings:
Agreement means Our Agreement for the hire of the Premises comprising the Application Form and these Terms and Conditions.
Application means the request for booking made on-line completed by you when applying to use the Premises for the Permitted Use.
Booking Administration Fee means the fee specified in the Application Form.
Bump in/out period means the period allowed for the set up and pack up time required for the hire.
Casual Booking means a one-time only booking for the hire of the Premises.
Casual Hirer means an individual only and includes a sporting body, club, association, corporation or incorporated entity that does not make a Permanent Booking and which is carrying out activities that are not of a commercial nature .
Commencement date means the date specified in Item 2.
Council means Ku-ring-gai Council ABN 86 408 856 411 and includes its servants and agents.
Due Date means the due date for payment of the Hire Fee as specified in Item 6.
Equipment means any other equipment that has been hired to you as specified in Item 10.
Event means the event for which the Premises are to be used as specified in the Permitted Use.
GST has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
Hire Fee means the base cost for the Hirer, of hiring the Premises for the Term, as specified in Item 5.
Hirer / You means the legal entity specified in Item 1 and includes Your servants and agents.
Item refers to the item in the Application Form, being the item number identified in the relevant clause of these Terms and Conditions.
Key Bond means a bond to cover the cost of replacing keys in the amount specified at Item 9.
Liquidated sum means an amount treated as liquidated damages recoverable on demand as compensation.
Major External Event means an event held on Council land or Premises usually involving more than 500 people and involving community participation. Examples include:
- Fetes and fairs.
- Sporting events (including sports gala days, fun runs and park runs).
- Seated functions in open spaces.
- Commercial filming groups.
Minor External Event means an event held on Council land or Premises usually involving less than 500 people and involving community participation. Examples include:
- Small, private gatherings.
- Wedding receptions.
- Non-commercial filming groups.
- Birthday parties.
- Small events funded through the Ku-ring-gai Community Grants program.
- Fetes and fairs.
Operating Hours means the time specified in Item 4 which includes the “bump in/our period”.
Permanent Booking means a booking of the Premises for hire for 20 hours or more in any calendar year.
Permitted Use means the permitted use of the Premises specified at Item 9.
Premises means the facility or premises hired by you in accordance with this Agreement identified as the property or part thereof, as specified in Item 11, including the Council’s property, fixtures, goods, plant and Equipment in, on or affixed thereto.
Security Deposit means security provided by you as security for performance of your obligations under Our Agreement for the amount specified at Item 7.
Term means the length for which Our Agreement is in force as specified in Item 3.
Terms and Conditions means the terms and conditions of hire as set out in this document.
Terminating Date means the date specified in Item 3, being the time that this Agreement terminates/expires.