Event permit terms and conditions

Permit

Application

Applications for the hire of council facilities must be made in writing using the online application form and be signed by the person responsible for payment of fees arising from the use. The hirer must be over 21 years of age and they must be in attendance at all times during the time of hire.

Hire period

Your booking start and end times will be set out in the event permit. Access to the venue before or after your approved time is not permitted unless prior arrangements have been made with Council. Setting up and cleaning of venue needs be completed during this period.

Cancellation by Council

Council reserves the right to refuse any booking or cancel any booking already made for whatever reason. Any monies paid will be fully refunded. Council will not be liable for any loss or other consequence of the exercise of any right stated within these terms and conditions

Cancellation of a permit occurs immediately when:

  • conditions of the permit have been breached
    or
  • if Council identifies a misrepresentation in the application.

Refund requests will only be accepted in writing. The following conditions apply:

  • 20 days or more from event = 100% refund of the site booking fee
  • 10 -19 days or more from event = 75% refund of the site booking fee
  • Less than 10 days from event = no refund
  • Refunds are not issued if the event does not proceed.

Sub-letting

The subletting of the venue or assigning of your rights to any other organisation or person without Council‘s prior consent is prohibited.

Bond

Council may require a bond to be paid for the use of the venue at least one month prior to an event. Council will inspect the venue after the event. If the venue has been left in a satisfactory condition, Council will refund the bond to you within 3 weeks after the function. Any costs incurred for additional cleaning or repairs to be carried out as a result from your function, will be deducted from the bond.

Compliance

An individual responsible for the permit must be available at the event at all times to ensure that all:

  • Council conditions are adhered to by individuals associated with and attending the event.
  • Laws, legal requirements and Council directions that apply to the event must be upheld by all:
    • Employees
    • Agents
    • Any other person associated with or attending the event.
  • The permit holder must ensure that the permit is on location at all times during the event.

Please note that Eurobodalla Shire Council does not consent to any performance or activity in breach of the Copyright Act. The event organiser is responsible for ensuring that all relevant copyright approvals or licences are obtained. See APRA/AMCOS Event Licences.

Liability

The Council is not liable for any claims for loss or damage sustained or incurred to any person or property due to the:

  • Use or occupation of the event area; or
  • Conduct of the event; or
  • Granting of a permit.
  • For the duration of the hire period, the facility will be under your physical and legal control. It is the responsibility of the hirer to inspect and approve the booked venue as being safe to use for your event. If you consider it unsafe, do not use it and notify council of the problem straight away. If you use the venue it will be deemed to be an acknowledgment that the venue is fit and proper for your use and you accept that all liability associated with the use shall rest with you including all costs associated with loss or damage as a result of the hire.

Public liability insurance policy for at least twenty million dollars ($20,000,000), with an insurer approved by the Council. A certificate of currency must be provided with the permit application.

Indemnity insurance

  • The Applicant/s agree to indemnify Eurobodalla Shire Council, its officers, servants and agents, in respect of any damage, injury or loss, claims, demands or expenses whatsoever which may be instituted or made against Eurobodalla Shire Council, its officers, servants or agents by any person or persons or agents for any damage injury or loss to any person or property whatsoever caused directly or indirectly from the proposed event.
  • The Applicant/s liability to indemnify Eurobodalla Shire Council shall be reduced proportionally to the extent that any act or omission of Eurobodalla Shire Council its servants or agents, contributed to the loss or liability.

Area access

Public

Parks, gardens public places and Council infrastructure must remain accessible to the public at all times. Access to the event site must be maintained at all times for:

  • Emergency vehicles
  • Owners or tenants of nearby or adjoining properties requiring access
  • Pedestrians: a minimum path area of 2.5 metres

Payment and invoicing

  • Permit will not be issued until payment is received in full.
  • Full payment is to be lodged at least 10 days before the event. The hire fee will be charged in accordance with Council’s annual Fees and Charges. Council may set out special conditions and hire fees for any activities or functions not covered in the current Fees and Charges
  • Payments can be made via eftpos, cheque, cash or credit card (1% merchant fee will apply).
  • Eurobodalla Shire Council may charge interest at the rate specified under section 172 (1) of the Local Government Act, payment is not received within the terms stated.
  • Eurobodalla Shire Council reserves the right to suspend customers’ credit if payment is not made within Council’s prescribed trading terms.

Catering and entertainment

Beverages

  • Alcohol is allowed for BYO functions where it is to be consumed in conjunction with food, except in alcohol free zones.
  • A valid liquor licence must be obtained, a copy provided to Council and a copy displayed at the event if alcohol is to be sold or served at an event. Alcohol cannot be distributed or sold outside the approved event area.
  • Council supports a no glass policy for events held at sporting venues.

Equipment

Barbecues must not be used on a declared Total Fire Ban day and Council barbecues cannot be booked for exclusive use.

Personal use of spit roast and gas operated barbecues can be used subject to the following conditions:

  • operated 4.5 metres away from foliage
  • coals must be removed from site
  • protective matting must be used to prevent damage to the grass.

Keys and Security

  • Collection of keys, security codes and instructions will be advised by the Bookings Officer.
  • Keys will not be issued unless payment has been made.
  • Access to the hire venue must only be done during the hire period unless prior arrangements have been made with Council.
  • It is against the law to make copies of any keys that Council issue to the hirer.
  • Loss of keys will incur a fee.

Animals

Approved use of animals by Council are subject to the following conditions:

  • Prior consent of the Council must be obtained.
  • Animals to be kept in a pen or on leash at all times, except dogs in designated off leash areas.
  • Animal waste must be removed.
  • Grass must be protected from animals by installing flooring such as, plastic covered with straw.

Vehicles and structures

Motor vehicles

Approval may be sought for drop off and pick up of equipment and transport of mobility impaired guests. Approved vehicles are subject to the following conditions:

  • Vehicles must remain on pathways.
  • Vehicles must be driven with hazard lights on
  • Vehicles must be driven at a maximum speed of 10km per hour.

Should the Traffic Officer deems that traffic control is required for the event, then traffic must be controlled by the New South Wales Police and/or a NSW Roads Accredited Traffic Controller.

Structures in parks and gardens

Structures are permitted in some park locations, subject to:

  • prior Council approval
  • obtaining an occupancy permit for large structures
  • structures being weighted, pegs are not allowed in some areas.
  • must be positioned at least 4.5 metres away from trees/shrubs or tree canopies or 2.5 metres away from garden beds and not on top of mulch.

The possibility of inclement weather needs to be taken into account. Council does not provide wet weather alternative arrangements and marquees cannot be set up at late notice.

Toilets must be provided or hired if public park toilets are not available or adequate.

Decorations and signage must not to be tied, stapled or attached to trees; this includes rope, string or balloons.

Work health and safety

  • The hirer must ensure that the hire is conducted in a safe manner.
  • You must be aware of all fire exits and fire extinguishers and follow the evacuation procedures for the venue. Fire exits must be kept clear at all times.
  • It is the responsibility of the hirer to have a first aid kit available at all times during the duration of hire.
  • Any incident or accident at the venue must be reported immediately to Council.

Site set up must comply with the Work Safe Code of Practice.

Electrical equipment must be protected to ensure the safety of pedestrians and vehicles and must not be placed in trees.

Power outlets, use must be approved by Council.

Emergency services must be arranged to maintain safety of event participants and park users.

Site reinstatement

Damage and waste removal

  • Waste, structures and decorations must be removed from site and surrounding grounds must be left in a clean, tidy and rubbish free condition.
  • The reinstatement of the event area is the responsibility of the permit holder. If the permit holder fails to comply with this condition, the Council may carry out the necessary works, at the permit holders cost and the permit holder indemnifies and agrees to reimburse the Council for all expenses incurred in carrying out such works.
  • You are also responsible for coordinating waste management resources and facilities to areas affected by the event, including those outside of the permitted area where Eurobodalla Shire Council’s normal services cannot access. This includes all areas affected by road closures.

Conduct, behaviour and activities

Event management

Schedules, including bump in and out times, specified on the event permit must be adhered to.

Crowd control for the event must be arranged. Suitable action to maintain the good order, conduct and behaviour of those persons associated with or attending the event must be made.

Event organiser must comply with reasonable requests or directions given by authorised officers of the Council or members of New South Wales Police.

Entry/admission fees into any section of the park or garden or public place is not permitted unless Council approval has first been obtained.

Amplified Noise is permitted up to a sound limit of 72 decibels and is only allowed to occur between:

  • 10am and 10pm Sunday to Friday
  • 10am and 12pm on Saturdays.

Activities

Product or food giveaways, distribution of flyers or handbills and other such activities are not permitted unless Council approval has first been obtained.

If fundraising has been approved as part of your event you must:

  • Provide evidence of charity registration via a letter from charity.
  • Engage in fundraising activity passively only.
  • Stay within the approved boundary of the event footprint.

Selling of goods and services

If an event involves the selling of any food or products the permit holder agrees:

  • that only vendors listed on the permit are authorised to sell goods
  • to maintain the quality of products at 100% at all times of operation
  • to maintain a high standard of presentation by staff
  • to provide readily available product information
  • to maintain the products in a fresh state.

If selling food, the street stalls shall be registered in accordance with the Food Act 1984 and the permit holder must comply with the requirements of the Food Act 1984 and other Acts and laws.

No cigarettes to be offered for sale.

No alcohol to be offered for sale unless in accordance with a Liquor Licence.

Terms and conditions are subject to change.