7.1. Facility Use
The right of use is not exclusive. Council retains the right to hire the Facility on a casual basis. The Hirer shall ensure that they do not interfere with this right.
7.1.1. Regular Hire
The allocation of use for the Facility, for on-going Hirers, is made on an annual basis and applies to the 1 January until the 31 December period of each year.
7.1.2. Casual Hire
The allocation of use of the Facility, for casual Hirers, is restricted to any specific areas nominated on the Hire Request and/or defined by a Facility’s Special Conditions and must commence and finish at the nominated start and end dates and times.
7.2. Payment of Accounts
Usage fees will be applied in accordance with the City of Stonnington’s annual budget.
7.2.1. Regular Hire
All fees and charges must be paid in advance. Invoices for use of the Facility will be forwarded to the Hirer on a monthly basis for the upcoming month. The Hirer is required to pay all accounts within 30 days of billing.
Hirers that fail to pay their accounts within 30 days of billing will not be invited to apply for the regular use of the Facility and will not receive an Application for Hire of Council Venues prior to 31 December.
7.2.2. Casual Hire
All fees and charges must be paid at a minimum of 30 days prior to the allocated hire start date or the booking may be automatically cancelled.
7.3. Notification of any Changes and/or cancellations
The Hirer shall ensure that Council is notified immediately, in writing, of any changes and/or cancellations to usage and/or allocated times.
7.3.1. Regular Hire
The Hirer shall ensure that all changes and cancellations to the use of the Facility are directed to Council’s Delegate fourteen (14) days prior to the usage date. Changes and/or cancellations will not be deemed acknowledged or confirmed until Council’s Delegate has forwarded written notification to the Hirer.
The Hirer shall pay the total usage fee, for cancellations made fourteen (14) days or less prior to the usage date.
7.3.2. Casual Hire
The Hirer shall ensure that all changes and cancellations to the use of the Facility are directed to Council’s Delegate fourteen (14) days prior to the usage date. Changes and/or cancellations will not be deemed acknowledged or confirmed until Council’s Delegate has forwarded written notification to the Hirer.
The Hirer shall pay the total usage fee, for cancellations made fourteen (14) days or less prior to the usage date.
7.4. Security Bond
A Security Bond shall apply as:
(a) A guarantee of the fulfilment of the ‘Conditions of Use’;
(b) A security against damage to the building, equipment or any fittings or furniture contained in the building;
(c) A security against any additional cleaning required as a result of the use by the Hirer; and
(d) A security against the disappearance of keys, equipment, fittings or furniture.
The Hirer shall be liable on demand by Council’s Delegate to pay any further amounts in excess of such Security Bond to meet the full cost of repairs, replacement, cleaning and Metropolitan Fire Brigade false alarm callouts due to smoke detectors.
Where there has been no breach of the ‘Conditions of Use’, damage to the building, equipment, fittings or furniture, additional cleaning required to be performed, the Security Bond will be returned to the Hirer.
The balance of the Security Bond after the deduction of the amounts will be refunded to the Hirer.
A Bond will not be returned until any and all keys have been returned to the Stonnington City Centre located at 311 Glenferrie Road, Malvern and signed back into the Key Register.
7.5. Withdrawal of the Facility
The City of Stonnington’s Director Community & Wellbeing holds the authority to withdraw use of the Facility for any and/or all of the following reasons:
(a) In the event of an emergency situation arising, including the temporary shut-down of services (i.e. water, electricity supply) for emergency maintenance;
(b) The Facility is required to undertake major capital works and/or essential maintenance including the temporary shut-down of services (i.e. water, electricity supply) for emergency maintenance;
(c) The Facility is required for Municipal, State or Federal elections;
(d) Council becomes aware that the program and/or activity proposed to be held or provided by the Hirer is/are objectionable, dangerous, offensive, infringes any copyright or intellectual property rights, is prohibited by laws, or would be detrimental to the community;
(e) The Hirer has not provided adequate insurance coverage;
(f) The Hire Fees and/or Security Bond have not been paid;
(g) The Hirer has not provided any and/or all ancillary documentation required as a result of the Hire Request; and(h) Breach of the Conditions.