General hire terms & conditions

Important note: All use must comply with any local, Queensland and Federal Government directives and advice in relation to COVID-19.  These are subject to change without notice.

Specific Terms and Conditions applicable to a booking shall be attached to the booking confirmation/permit sent to the hirer upon approval of any booking.

Additional Terms and Conditions apply for some Council venues.  

  1. Insurance: As a requirement of any booking Council may request:
    1. The hirer will at its own expense insure and keep insured in the name of the hirer with the Cairns Regional Council, the Minister Administering the Land Act 1994 and The State of Queensland noted as an interested party for an amount of not less than Twenty Million Dollars ($20,000,000.00) against public liability in the form of a standard public liability policy.
    2. The hirer shall produce to Council prior to the date required evidence of the Insurance Policy affected by the hirer under clause 1.1.
  2. Confirmation of a Booking
    1. A booking confirmation/permit to conduct the activity will be issued upon payment of all fees and charges associated with the provision of these services, providing all venue hire terms, conditions and booking requirements are met.
    2. The hirer will use the venue for the use/activity stated on the booking confirmation/permit and for no other use/activity.
    3. The use or activity authorised under the booking confirmation/permit is restricted to days and times specified in the approval.
    4. The hirer is to carry the approval during the use or activities and is to produce the approval for inspection on demand by an authorised person.
  3. Fees
    1. Fees shall be in accordance with the schedule of Fees & Charges schedule prepared by the Council, and shall be payable at least ten (10) business days prior to the event date.
    2. Payment of fees constitutes the hirers understanding and agreement to the Terms and Conditions of hire.
  4. The hirer is required to obtain any other necessary approval, lease, licence or permit under any other Local Law, Act or Regulations that is required for the use or activities.
  5. If food is to be sold or supplied, the hirer must ensure all necessary licenses or permits are obtained.
  6. Consumption of alcohol in public spaces is prohibited unless the event complies with liquor licencing regulations and has the appropriate permit in place.
  7. Smoking is not permitted in any Council building, site or within 5m of public entrances including bathrooms and kitchens.  If any smoke alarms are activated during occupancy of the venue and the Queensland Fire and Rescue Service (QFRS) is required to attend, the hirer will be liable for any call out fees.
  8. With the exception of designated parking areas, driving and parking is strictly prohibited on all grassed areas unless otherwise approved by Council.
  9. All electrical cords, fittings, switches and other electrical equipment used must comply with the appropriate Australian Standards and display a current electrical test tag.
  10. The hirer will ensure that no glass or glass receptacles will be used at the venue unless otherwise approved by Council.
  11. The hirer is to ensure that the use or activity authorised under the booking confirmation/permit does not cause a nuisance.
  12. The hirer is to take specific measures to protect the safety of persons who may be involved in, or affected by, the use or activity authorised under the approval.
  13. The hirer will observe, perform and fulfil all the requirements of Council’s Policies and Local Laws not limited to but including noise and waste.
  14. The hirer is required to remove any rubbish created by the use or activity, and to ensure that the area used is kept in the same condition as before the use or activity commenced.
  15. The hirer is responsible for the security of the venue and the security and safety of any property of Council in or around the venue.
  16. Where the Council incurs costs or expenses in rectifying any damage caused or contributed to by the hirer or by the conduct of the approved use or activity, the hirer will pay the amount of those costs or expenses to the Council.
  17. The hirer shall conform to the requirements of any Act  or Regulation made there under, and shall be liable for any breach of such Acts or Regulation.  The hirer must comply with all other statutory rules, provisions and regulations of the Commonwealth of Australia or State of Queensland in force and ensure any relevant notices are provided to Council.
  18. Hirers granted permission to use any a Council facility shall not assign the right of use to any other person, organisation or body.
  19. The hirer agrees to indemnify, and keep indemnified, and to hold harmless the Council, its servants and agents, and each of them from and against all actions, costs, charges, expenses and damages whatsoever which may be brought, or made, or claimed against them, or any of them, arising out of, or in relation to the hiring engagement.
  20. Neither Council nor its servants shall be liable for any loss or damage sustained by the hirer or any person, firm or corporation entrusting to or supplying any article or thing to the hirer by reason of any such article or thing being lost, damaged or stolen. The hirer hereby indemnifies the Council against any claim by any such person, firm or corporation in respect of such.
  21. Council does not warrant that the area or venue is fit, suitable or adequate for the activity authorised under the approval.
  22. Council reserves the right to terminate the event, either before or during the event, if the hirer is in breach of the terms of any approval.
  23. Council reserves the right to cancel the booking or re-locate, if applicable, the event, if weather or facility conditions dictate. If cancellation is necessary then Council will endeavour to involve the customer in this decision and no venue hire fees will be payable.
  24. In the event of any dispute or difference arising as to the interpretation of these conditions, or of any matter or thing contained therein, the decision of the Council shall be final and conclusive.
  25. It is strongly encouraged that the following single-use plastics are not to be distributed or used at any event: plastic bags of any thickness, plastic straws, cutlery, containers, plates, bowls, sachets (such as sauce packets), polystyrene (foam) packaging or trays, non-compostable coffee cups or balloons.

The use of balloons at any Esplanade event is NOT PERMITTED.

Last updated: 13 August 2020