General Introduction

This policy supports the work of the school in promoting its mission statement, aims and values.

 

Mission statement

Like a lighthouse, St Michael’s is a beacon of safety and stability. It takes courage to learn and remember knowledge, develop new skills and allow your own light to shine in the world. We respect our differences and know that working peacefully together allows our lights to shine more brightly.

‘Let your light shine’  Matthew 5:16

 

School aims

At St Michael’s we value every member of our school community and our aims are for every child, whatever their background or circumstances, to have the support they need to:

 

• Develop their understanding of the value of leading a healthy lifestyle
• Work and play in a secure and safe environment in which they are encouraged to develop moral values and mutual respect
• Experience an exciting curriculum which fosters their enthusiasm, develops an enquiring mind and enables every child to achieve his/her full potential
• Access an education for life which promotes British Values that enable all learners to become effective and reliable members of the wider community
• Foster ambition and expectation to carry through to adult life

To achieve these aims all learners, staff, parents and governors will work together to promote our core values of peace, courage and respect.

 

 

Introduction

St Michael’s School regards the school buildings and grounds as a community asset and will make every reasonable effort to enable them to be used as much as possible. However, the overriding aim of the St Michael’s School is to provide the best possible education for its pupils, and any lettings of the premises to outside organisations will be considered with this in mind.

The school’s delegated budget (which is provided for the education of its pupils) will not be used to subsidise any lettings by community or commercial organisations. A charge will be levied to meet the additional costs incurred by the school in respect of any lettings of the premises. As a minimum, the actual cost to the school of any use of the premises by an outside organisation must be reimbursed to the school’s budget.

 

Definition of a Letting

A letting may be defined as “any use of the school premises (buildings and grounds) by either a community group (such as a local music group or football team), or a commercial organisation (such as the local branch of ‘Weight Watchers’)”. A letting must not interfere with the primary activity of the school, which is to provide a high standard of education for all its pupils.

 

Types of Lettings

Single lettings are those where an individual or organisation wishes to hire facilities on a one off basis, these lettings should still be subject to a formal lettings agreement and follow the same principles as a continuous letting. Continuous lettings are those that run for a number of weeks or terms.

 

Letting Agreement

All lettings (even those where no charge is made) must be subject to a letting agreement, this will detail the terms of the letting and must be signed by both the school and the hirer. A letting should only be confirmed as accepted when a signed letting agreement is in place. Any amendments to an agreement will require a new agreement form to be signed.

 

Charges for a Letting

The Governing Body is responsible for setting charges for the letting of the school premises.

A charge will be levied which covers the following:

• Cost of services (heating and lighting);
• Cost of staffing (additional security, caretaking and cleaning) - including “on-costs”;
• Cost of administration;
• Cost of “wear and tear”;
• Cost of use of school equipment (if applicable);
• Profit element (if appropriate).

Where there are multiple lettings taking place at the same time, the costs for services and staffing will normally be shared between the organisations involved. When the school is being used for election purposes a Let Form will still need to be completed, but no charge will be made as PCC will reimburse the school with a token payment to cover the utility charges.

 

VAT

In general, the letting of rooms for non-sporting activities is exempt of VAT, whereas sports lettings are subject to VAT (although there are exemptions under certain circumstances).

 

Sporting Facilities - VAT

Sport facility letting charges are normally subject to VAT, but where certain criteria are satisfied, the hire charges can be treated as exempt.

VAT Regulations state that for a series of ten or more lettings to be exempt from VAT, the following conditions should be satisfied:

• Each period is in respect of the same activity carried on at the same place;

• The interval between each period is not less than one day and not more than fourteen days;

• The charge is payable by reference to the whole series and is evidenced by written agreement;

• The facilities are letting to a school, club, association or an organisation representing affiliated clubs or constituent association.

On the letting of sports facilities for sports, the VAT exemption does not apply to commercial organisations.

 

Management and Administration of Lettings

The School Business Manager (SBM) is responsible for the management of lettings, in accordance with the St Michael’s School’s Lettings policy. Where appropriate, the SBM may delegate all or part of this responsibility to other members of staff, whilst still retaining overall responsibility for the lettings process. If the SBM has any concern about whether a particular request for a letting is appropriate or not, they will consult with the St Michael’s School Governing Body.

 

The Administrative Process

Organisations seeking to hire the school premises should approach the SBM (or other designated member of staff), who will identify their requirements and clarify the facilities available. A Booking Form for School Lettings (appendix 1) should be completed at this stage. The starting and finishing times on the booking form should be such, to allow time for any setting up and clearing up respectively. The SBM/St Michael’s School Governing Body has the right to refuse an application, and no letting should be regarded as “booked” until approval has been given in writing.

No public announcement of any activity or function taking place should be made by the organisation concerned until the booking has been formally confirmed.

Once a letting has been approved, confirmation will be sent to the hirer, setting out full details of the letting and enclosing a copy of the terms and conditions and the hire agreement.

The letting should not take place until the signed agreement has been returned to the school. The person applying to hire the premises will be invoiced for the cost of the letting, in accordance with the schools current scale of charges.

The hirer should be a named individual and the agreement should be in their name, giving their permanent private address.

All lettings fees which are received by the school will be paid into the school’s individual bank account, in order to offset the costs of services, staffing etc (which are funded from the school’s delegated budget).

Income and expenditure associated with lettings will be regularly monitored to ensure appropriate profits are being made from lettings.

 

Terms and Conditions

The terms and conditions can be changed depending on the hirer (eg. Whether kitchen use is required, access into the building is needed etc) All terms and conditions must be adhered to. The “Hirer” shall be the person making the application for a letting, and this person will be personally responsible for payment of all fees or other sums due in respect of the letting and ensuring the terms and conditions are adhered to.

Covid-19 – on finishing a booking the hirer is required to clean all areas used including toilets and touch points such as door handles, using school supplied cleaning products. Hand gel, masks and gloves are required to be supplied by the hirers. The school will be responsible for cleaning the room to be hired prior to the commencement of the hire.

 

 

 

Appendix 1 – Booking Form for School Lettings (Please use BLOCK CAPITALS)

 

 

 

 

 

 

(School use only) This application for letting is: ACCEPTED/REJECTED Signed: Position: Date: Evidence of own insurance cover supplied and approved Yes/No If no, include in Schools insurance cover Yes/No Does the letting involve working with children/young people o Yes/No If yes, has the School followed their safeguarding procedures Yes/No If yes, has the school obtained a signed copy of the safeguarding procedures letter? Yes/No

 

 

Appendix 2 – Conditions of Hire

Particulars of Hire St Michael’s School permits the hiring of facilities within the School Premises as set out below on the Conditions of Hire and Booking Form attached and the following particulars apply:

 

Signed on behalf of the School:……………………………………………………………………….

The Hirer confirms that they have read and understood these Conditions of Hire and agrees to be bound by such terms and conditions from the commencement of this agreement.

Print Name:………………………………………………………………………………………………

Signed on behalf of the Hirer:………………………………………………. Date: ………………….

 

 

 

Hire of School Premises  

Terms and Conditions

1. Interpretation

a. Hirer: person making the application for a letting who will be personally responsible for payment of all fees or others sums due in respect of the letting.

b. The school: means the St Michael’s School Governing Body

2. Term, effective date of Agreement The term of this Agreement will be for use of the ………………. on dates ……………….., that the school/chapel is not utilising the ………. On any day, that the school or any entity granted permission by the School is using the ………., the Hirer shall not be able to use the ………. Prior notice of at least 2 weeks from the School will be given to the Hirer.

3. Use and Access

a. The School permits the Hirer to access and use of the ………….. on the times specified by the booking form.

b. The School do not warrant that the ………. is fit or suitable for the purpose of the hire.

c. The Hirer is responsible for ensuring these terms and conditions of use are observed and for the effective supervision of the arrangements and activities on the school Premises during the Hire Period and for the prevention of disorderly behaviour.

d. The School retains the right to access the school Premises at all times during the Hire Period and the Hirer must comply with any reasonable instructions given by School staff.

e. The ……………. remains in the Schools’ legal possession notwithstanding the Hirer’s occupation during the Hire Period and such occupation shall not be deemed to constitute or create any lease or tenancy.

f. A gate/door key will be given to the Hirer to obtain access into the ………. The key must be kept secure at all times and on leaving the school Premises, the gates/doors must be made secure. Notification must be given to the School immediately if the key goes missing. Keys should not be passed to any other person without direct permission from the school. Only named key holders may operate the security system.

4. Restrictions on Use

a. The Hirer shall not use the Premises for any illegal purpose nor for any purpose or in a manner that would cause loss, damage, injury, nuisance or inconvenience to the School or any owner or occupier of neighbouring property.

b. The Hirer shall not make any alterations or addition to the Premises, shall not affix any items to the Premises and no interference is to be made with School property/equipment or other parts of the building which do not form part of this hire agreement.

c. If the hire agreement allows use of the kitchen, any leftover food and drink must be taken away from the school premises at the end of day. This kitchen must be left in a tidy state.

d. Any storage space must be agreed with the School before using.

e. The use of school equipment must be agreed in advance of the letting.

f. Alcohol is not to be allowed to be brought onto or consumed on the Premises at any time, unless agreed at the time of hirer and the appropriate licences are obtained.

g. Illegal drugs are not to be brought onto or consumed on the Premises.

h. No items of a flammable, dangerous or noxious character may be brought onto the Premises, including fireworks, confetti or gas.

i. Smoking is not allowed on the Premises at any time.

j. No betting, gaming or gambling is allowed on the Premises

k. Dogs, other than guide dogs for the blind or other assistance dogs, shall not be allowed on the Premises.

5. Hire Fee and Deposit

a. The Hire Fee is £….. per session and is payable in advance termly

b. The School reserves the right to require a deposit over and above the Hire Fee as a surety against damage to the Premises (including any Equipment) or the Premises being left in an unacceptable condition requiring additional cleaning, caretaking or other expenses

6. Condition and Damage

a. The Hirer will keep the premises in a clean and tidy condition when in occupation. The Premises must be left in the same condition as before the Hire Period. No food, rubbish or other belongings of the Hirer should be left on the Premises. Waste refuse sacks should be used and can be disposed of in the school’s refuse area. If additional cleaning is necessary, the Hirer will be charges accordingly.

b. Any damage, destruction or theft that occurs during the Hire Period in or to the Premises, to the building, equipment or School property will be the responsibility of the Hirer and the Hirer shall pay to the School the cost of making good any such damage. Any damages or breakages must be reported.

7. Insurance

a. The Hirer must hold public liability insurance in respect of their occupation of the Premises and will provide a copy to the School.

b. The Hirer must hold Employers Liability insurance indemnity in accordance with compulsory legal requirements. A copy must be provided to the School.

c. The School may at its discretion waive the requirement to hold public liability insurance/employers liability insurance where the Hirer is an individual or small informal group of individuals (not using the Premises for commercial or business purposes) who do not hold these insurances and who may find it difficult to obtain. In these circumstances, the School will arrange for the Hirer to be covered under the Schools own insurance and any extra associated costs will be reflected in the Hire Fee.

8. Indemnity

The Hirer shall keep the School indemnified against all expenses, costs, claims, damage and loss (including any diminution in the value or loss of amenity of the Premises) arising out of the use of the Premises by the Hirer or from any breach of any of the Condition of Hire by the Hirer, or any act or omission of the Hirer, or any other person on the Premises with the actual or implied authority of the Hirer.

9. Loss

a. The School does not accept liability for any loss, theft or damage to property brought onto the Premises by or on behalf of the Hirer or damages to vehicles parked in any car park provided or injury to any person however caused.

b. The School shall not be liable for any loss or damage suffered by the Hirer as a direct or indirect result of the performance of this hire agreement being prevented, hindered or delayed by reason of any act of god, riot, strike or lockout, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen’s materials or transport, electrical, power failures or other circumstances whatsoever outside its control and which affect the provision by the School of access to or use of the Premises.

10. Assignment

This hire agreement is personal to the Hirer and the Hirer shall not assign or underlet or part with or share possession or occupation of the Premises.

11. Health and Safety

a. The Hirer must comply with all laws relating to the Premises and the occupation and use of the Premises by the Hirer, including but not limited to Health and Safety legislation.

b. The Hirer should, as far as possible, have an accurate list of those present.

c. Any portable electrical equipment to be used must have a current PAT test certificate if electrical.

d. The Hirer must ensure they are aware of the fire exits and the fire and emergency evacuation procedures. The Hirer is required to take any precautions necessary to ensure the safety of those attending during the Hire Period, including ensuring the means of escape from fire are not blocked or impeded.

e. The Hirer will immediately inform the School of any emergency, accident or serious incident that occurs during the Hire Period by telephoning the School Emergency Contact. The Hirer will be responsible for reporting any accident to the School Business Manager.

f. COVID-19 – there hirer will ensure all areas used during hire are cleaned after use, this includes toilets, touch points, tables, chairs and washable floors. The school will provide some cleaning items but the hirer will need to provide gloves and additional cleaning items where necessary – this will need to be discussed and agreed upon with the school business manager.

12. Safeguarding and Child Protection

a. Hirers providing services to children must have policies and procedures in place to ensure children’s safety and any Risk Assessments and DBS certificates required by the Hirer must be supplied to the School upon request.

b. At an event where the number of children is likely to exceed 100, the Hirer must ensure that a sufficient number of adults are stationed to prevent more children being admitted, to control the movement of the children and to take all reasonable precautions for the safety of the children as required by the Children’s and Young Person’s Act 1933.

C. Prior to starting the letting the Hirer needs to complete the Safeguarding Responsibilities letter provided by the school and return it to the School Business Manager.

13. Car Parking

   Subject to availability, these may be used by the Hirer and other adults involved in the letting.

14. Cancellation

a. This agreement may be terminated by either party at a date earlier than the termination date (………) by giving to the other at any time at least 1 months’ notice in writing which shall include an explanation for the reasons subject to the right of either party in respect of damages or costs incurred as a result of such early termination. No payment other than a refund of the paid hire fee will be made by the School.

b. The School may terminate this agreement immediately in the event that the Hirer is found to be in a fundamental breach of the terms of this agreement which in the reasonable opinion of the School is not capable of being remedied and no Hire Fee (or part thereof) shall be refundable.

c. The Hirer may cancel individual bookings at any time by contacting the School. If a booking is cancelled with more than one weeks’ notice, the full Hire Fee will be repaid. If less than one weeks’ notice is given, only 50% of the Hire Fee will be repaid. The Hirer will pay the full cost of the hire for bookings cancelled less than 24 hours before commencement of the Period of Hire.

15. Advertising

The School must approve of all advertising and posters concerning the use of the premises.