CONDITIONS OF HIRING
- All applicants for the use of the Theatre and extra facilities must be complete a booking form (please call 01803 665800)
- The applicant must state precisely the nature of the purpose for which the Theatre is required.
- The Council shall have an absolute discretion to refuse an application to hire the Theatre.
- The Theatre shall not be used for any purpose other than that stated in the application without the consent in writing of the Council first being obtained.
- The Hirer shall not assign the right to use the Theatre or effect any form of sub-letting whatsoever.
- All applications must be accompanied by a deposit (20% of the basic hire charge), which will be appropriated as part of the hiring fee if the application is granted and returned if it is not. The balance of the fee must be paid on immediate receipt of a Council invoice after the booking has occurred.
- Under no circumstances will access be given to the Theatre until the whole of the deposit has been paid and these conditions complied with.
- The Council reserves the right to refuse payment of the hiring fees by cheque.
- The person whose name is on the application form must be over 18 years of age, and will be deemed to be the Hirer.
- If the hiring is cancelled or postponed:-
- a) More than 3 months before the date of commencement of the hiring the amount of the deposit shall be returned but without prejudice to any claims the Council may have against the Hirer for expenditure incurred as a result of the hiring agreement.
- b) Within 3 months of the date of commencement of the hiring the deposit shall be forfeited, and
- c) Within 14 days of the commencement of the hiring the full amount of hire charge shall be demanded and will be forfeited unless the Council otherwise decide.
- No child shall perform on stage under the legal age and any such license for a child must be obtained by the Hirer and produced on demand to the Council before the date of the commencement of the hire.
- The Council shall have the exclusive right to supply food or drink (including alcoholic drinks) at any function being held in the Theatre. The Hirer shall therefore notify the Theatres, Arts & Events Manager of his requirements.
- The Hirer or any person under their control shall not do anything whereby any of the conditions of the Licences held by the Council covering the various uses of the Theatre shall be infringed. A copy of these conditions is open for inspection at the Box Office during normal hours of business, and the
Hirer shall be deemed to have full knowledge of the contents thereof whether or not he has availed himself of the opportunity of inspection.
- No dogs or other animals are allowed into the Theatre at any time, except Assistance Dogs.
- At least 14 days notice must be given to the Theatre Manager of all technical requirements.
- The accommodation provided in the Theatre is limited to 368
- Hirers must adhere strictly to the above limit and tickets must not be issued for any greater number. No re-arrangements of the seating accommodation or of any other facility provided in connection with the Theatre is permitted in the Theatre without the written consent of the Council and any re-arrangements approved must be carried out by the Council’s staff.
- All commercial, professional and political organizations are required to hold public liability insurance covering all matters which are the subject of the indemnities and undertakings herein. It is the responsibility of the Hirer, after having taken any necessary professional advice, to determine the appropriate level of cover, having regard to the level of risk, in respect of any one incident and unlimited in total. The Hirer must provide evidence that insurance cover has been arranged before the commencement of the booking.
Other organizations and private individuals that hire the Theatre may also arrange their own insurance as detailed above and provide evidence of the policy to the Council. If no policy is in place the Hirer will be required to pay an additional fee of 10% of the total hire charge to obtain cover within the Council’s own policy. Any sum by way of excess under this Policy will be payable by the Hirer to the Council for each and every claim paid.
- No responsibility will be accepted or compensation paid by the Council in the event of loss or damage being suffered by the Hirer on account of failure of the lighting, heating or any other equipment of the accommodation.
- The Council reserves the right in their absolute discretion to cancel any hiring should they consider it necessary to do so by reason of any royal demise, public calamity, epidemic or destruction of or damage to the premises by fire or by reason of any other unavoidable cause and where the Hirer of any of these conditions on any one of those occasions shall entitle the Council to cancel the hiring for any subsequent occasion or occasions. The Council’s liability in the event of any such cancellation shall be limited to the return to the Hirer of any deposit or hiring fee paid by him.
- Any complaints arising out of the hiring of the Theatre, etc. must be made in writing to the Theatres, Arts & Events Manager within 48 hours of the occasion for such complaint.
- Whenever the consent of the Council in writing is required to be given in accordance with these conditions such consent shall be deemed to be given if in writing under the hand of the Theatre, Arts & Events manager, or his deputy.
- These conditions may be enforced by any duly authorised officer of the Council and they shall have the right to remove or have removed or have excluded form the Theatre any person or persons committing breach of these conditions.
- The Hirer shall not obstruct or permit the obstruction by person or property of any gangway, passage, stairway or flight of steps either inside or outside the Theatre.
- Smoking is strictly prohibited on or anywhere in the vicinity of the stage, auditorium, foyer and in the dressing rooms.
- No decorations, flags, emblems, banners or signs will be permitted to be displayed either inside or outside the Theatre without the previous consent of the Council in writing.
- All woodwork, scenery, flats, draperies, floral decorations, curtains or nay other properties whatsoever provided by the Hirer and used in connection with any booking of the Theatre must be rendered non-inflammable and so maintained, failing which the use thereof is prohibited.
- No nails, tacks, drawing pins, hooks or screws shall be driven onto the walls, doors, floor, furniture or any of the woodwork. No balloons filled with inflammable gas shall be sold or exhibited or used in connection with any hiring, and nothing shall be done in connection with nay hiring which shall in any way increase risk of fire.
- The Hirer shall not commit or permit any interference of any description with any of the fittings, apparatus or furnishings of the Theatre, without first obtaining the consent of and complying with the requirements of the Council or its authorised officers in respect thereof.
- Should any damage be done to the building, fittings, apparatus or furniture the expense of making good the same shall de defrayed by the Hirer. The Council shall be sole judge of the damage done and the amount thereof. Any articles or items belonging to the Council that may be found to be lost or missing form the Theatre during or after any hiring shall be paid for by the hirer. A deposit or guarantee of security against any such loss or damage will be demanded if thought necessary in the opinion of the Council.
- Tickets for events within the Theatre may only be issued by the Theatre Box Office, unless specific permission is sought from the Theatre, Arts & Events manager. All other tickets will be declared void. A valid ticket does not automatically permit entry to the Theatre, and the Theatre, Arts & Events manager, or deputy may prevent entry if it is considered to be in the best interests of the Theatre.
- Hire of the Theatre, or associated room, does not include the parking facilities adjacent to the rear of the Theatre. These facilities are strictly for Theatre staff and emergency vehicles when required.
- Illegal fly postering in order to promote an event within the Theatre will not be tolerated. If this occurs the booking will be terminated and deposit will not be returned. The Theatre will not be liable for any costs associated with the removal of illegal billposters.
- If it is desired to display outside the Theatre a poster or announcement, such a poster or announcement must be sent to the Theatre Box office who will endeavour to arrange for its The Council reserves the right to refuse to display any such posters announcements which it considers unsuitable or where circumstances make it inconvenient.
- The Hirer shall fully indemnify and keep indemnified the Council, its employees and agents against all liabilities, claims, damages, charges or expenses which may be incurred by or made against the Council in respect of personal injury (including injury resulting in death) or loss of, or theft of or damage to property arising out of or in connection with this agreement except to the extent that the Hirer shall not be called upon to indemnify the Council against any such matters which arise from the negligent act or default of the Council, its employees or agents.
- The Hirer shall indemnify the Council against any loss or damage suffered by, or any claim made against the Council arising from any breach of these conditions by the Hirer, his servants, agents or employees.
- The Hirer shall comply with all the statutory provisions with regard to Copyright in relation to the performances or use of Copyright works or material in the Theatre and shall indemnify the Council from and against all actions, proceedings, costs, claims and demands whatsoever arising from any failure to do so.
- The Council has taken out a Licence with the performing Rights Society Limited to cover the performance of all musical work in the repertoire of that Society. The Hirer shall comply with the Conditions of the Society’s License (which may be inspected on application to the Theatre, Arts & Events Manager) and in particular shall:-
- a) Permit the Society, by its duly authorised agent, to have the free right of entry in and upon the accommodation during all times of public performance.
- b) Within 24 hours of the termination of the hiring or in the case of a hiring extending over a period at such intervals during the period as may be required supply to the Theatre Manager for transmission to the Society a List signed by the Hirer of all music performed and of all songs sung with the names of the authors, composers, arrangers and publishers of such compositions and the number of times such has been performed, and
- c) If no music is to be performed or songs sung, the aforesaid form shall be endorsed to this effect and similarly returned to the Theatre Manager.
- Hours of hiring must be specified on these booking forms and The Council reserves the right to hire the theatre spaces during times not specified upon booking. Should you need to change your original hours, this will be in agreement with the management, and will be charged at the appropriate rates.
PERFORMING RIGHTS SOCIETY
Before any performance of copyright musical works can be given in public, those responsible for the event are required to obtain the permission of the owner if the copyright of the works concerned.
Obviously, if each music user were to have to seek out separate permission for each individual work to be performed the administrative burden would be extremely onerous. Through the PRS it is possible to obtain permission to use virtually any copyright works (exceptions are in certain specialised areas such as ‘grand rights’) by applying for a licence and paying the appropriate royalties. For the hirers of Local Authority premises, the administration is further simplified by virtue of the fact that almost all Local Authorities have their own licence with PRS, including Torbay Council. The hirer does not need to apply personally to PRS. Torbay Council, through the Palace Theatre Box Office will take care of the licensing arrangements. However the Palace Theatre needs to provide certain information to PRS in order that the appropriate fee can be assessed.
In most cases, the information required by PRS will be restricted to the frequency and general description of events that have taken place. The main exceptions to this are that;
(1) When events such as popular concerts, classical concerts or variety shows occur, it is necessary for the box office receipts (net of VAT) to be declared, as the royalty is usually a percentage of such figures.
(2) For all live music events PRS requires a programme return form to be completed. This comprises a list of the individual works used during particular performances.
Please co-operate with the Palace Theatre over the provision of this information which they are contracted to supply to PRS. Failure to do so can result in performances being unauthorised and your rights being infringed. In such cases PRS will take action as necessary to protect its members rights.
Please also note, that any account balance at the end of a production, may be withheld by the PalaceTheatre until suitable PRS information can be supplied.
Should you have any further queries please do not hesitate to contact the Palace Theatre Box Office on (01803) 665800.