Venue booking terms & conditions

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 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 hirer's 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 use of confetti (either plastic or paper) “party poppers” or similar, is not permitted at any outdoor venue.
12. The hirer is to ensure that the use or activity authorised under the booking confirmation/permit does not cause a nuisance.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. The hirer shall conform to the requirements of any Act or Regulation made thereunder, 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. In particular, the hirer agrees to abide by any public health direction issued by the Chief Health Officer under the Public Health Act 2005.
19. Hirers granted permission to use a Council facility shall not assign the right of use to any other person, organisation or body.
20. 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.
21. 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.
22. Cancellations
    1. If required, the hirer may cancel the event:
       1. Upon notifying the Council no later than seven (7) days prior to the event; or
       2. If weather conditions prevent the event taking place.
    2. If an event is cancelled in accordance with clause 22.i) or ii) above, then no venue hire fee will be payable.
23. Council does not warrant that the area or venue is fit, suitable or adequate for the activity authorised under the approval.
24. 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.
25. 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.
26. 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.
27. 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.

All booking enquiries must be made a minimum of eight weeks prior to the event.

In addition to Council’s General Terms and Conditions of Use for Venue Hire, the following terms and conditions apply:

1. Event Scheduling/Allocation
   1. It is noted that major events may arise from time to time that warrant reconsideration of the seasonal allocation. In this respect, Council reserves the right to revoke any approval with reasonable notice to the applicant. Every effort will be made to negotiate an appropriate arrangement between the parties that balances Council’s requirement to support major events of economic significance to the region and its community service obligations.
   2. If at any time there is conflict in scheduling of bookings, Council will hold discussions with the parties in good faith and in the interests of achieving a satisfactory outcome. In the absence of an agreed resolution then the matter will be referred to Council Senior Management whose decision shall be final.
2. Athletics / Track
   1. Non-marking flat-soled shoes only are allowed on the track surface, except for authorised athletic spikes.
   2. Spike lengths must not exceed 7mm on the track surface (including crossing the track) and 9mm within designated areas of the track (with the approval of Council).
   3. Only equipment authorised by a Council officer is to be used on the track surface (including starting blocks).
   4. No drinks (except pure water) and foodstuffs or other foreign material are allowed within the fenced track area.
   5. Smoking is not permitted
   6. Any incidents should be reported to the Council officer immediately.
3. All events must conclude by 10:00pm unless otherwise approved by Council.
4. Cancellations: In addition to Clause 22 of the General Terms and Conditions of Use for Venue Hire:
   1. If required, the hirer may cancel the event:
      1. Upon notifying the Council no later than seven (7) days prior to the event; or
      2. If weather conditions prevent the event taking place.
   2. If an event is cancelled in accordance with clause 4.a) above then no venue hire fee will be payable.
5. Installation of any promotional material (i.e banners, posters etc.) is strictly prohibited unless otherwise approved by Council.
6. Pegging of infrastructure into Barlow Park / grounds is strictly prohibited unless otherwise approved by Council.
7. The use of balloons throughout all Barlow Park areas is not permitted.
8. Noise: The hirer is required to ensure that:
   1. noise is kept at a level, which will not adversely impact on the amenity of nearby residents. Music of any kind is to cease by 10:00pm and packing up of equipment is to be completed by 11.00pm.
   2. noise levels produced 3m immediately in front of speaker systems does not exceed 100dB at times before 7:00pm, and/or 110dB at times between 7:00pm and 10:00pm so that the use or activity authorised under the licence does not cause a nuisance. For concerts, regular sound readings will need to be recorded and provided to management.
   3. the use of profanity or obscenities over amplified systems is restricted to ensure that offence is not caused to public areas adjoining the performance facility.

In addition to Council’s General Terms and Conditions of Use for Venue Hire, the following terms and conditions apply to the Botanic Gardens and Centenary Lakes (excluding Tanks Arts Centre):

1. Council reserves the right to photograph and/or video the hirer’s use of the venue during the period of hire unless specifically asked not to do so.
2. Nothing contained in these conditions shall confer to the hirer any right to use an intellectual property of Council for any purpose.
3. Pegging of infrastructure into the grounds is strictly prohibited.
4. Requests for cancellation of a booking must be made in writing by the hirer to leisurevenues@cairns.qld.gov.au at least two (2) weeks prior to the booking date to receive a full refund on the venue hire fees. If, for any reason, including inclement weather, an event is cancelled by the hirer less than two (2) weeks prior to booking date, 50% of the total venue hire fees will be retained as a cancellation fee.  If an event is cancelled less than 48 prior to the booking date, all venue hire fees will be retained.
5. Noise: The hirer must ensure that:
   1. Noise is kept at a level that will not adversely impact on the amenity of nearby residents.
   2. Noise levels produced 3m immediately in front of any speaker system does not exceed 100dB between the hours of 10:00am and 7:00pm.
   3. There is to be no use of profanity or obscenities over amplified sound systems.

All event booking enquiries (excluding routine BBQ hire) must be made a minimum of eight weeks prior to the event.

In addition to Council’s General Terms and Conditions of Use for Venue Hire, the following terms and conditions apply:

1. All events must conclude by 10:00pm unless otherwise approved by Council.
2. Cancellations: In addition to Clause 22 of theGeneral Terms and Conditions of Use for Venue Hire:
   1. If required, the hirer may cancel the event:
      1. Upon notifying the Council no later than seven (7) days prior to the event; or
      2. If weather conditions prevent the event taking place.
   2. If an event is cancelled in accordance with clause 2.a) above then no venue hire fee will be payable.
   3. For all other cancellations, Venue Hire fees will be returned on cancellation with the following deductions:
      1. Events involving greater than 500 people cancelled more than two calendar months prior to booking date: 10% of the venue hire fees are to be paid as a cancellation fee (excluding bump in and bump out fees).
      2. Events involving greater than 500 people cancelled more than one but less than two calendar months prior to booking date: 20% of the venue hire fees are to be paid as cancellation fee (excluding bump in and bump out fees).
      3. Events involving greater than 500 people cancelled less than one calendar month prior to booking date:  50% of venue hire fees to be paid as cancellation fee (excluding bump in and bump out fees).
      4. Events involving less than 500 people cancelled less than two weeks prior to booking date: 20% of the venue hire fees are to be paid as a cancellation fee (excluding bump in and bump out fees).
      5. Events involving less than 500 people cancelled less than 48 hours prior to booking date: 50% of the venue hire fees are to be paid as a cancellation fee (excluding bump in and bump out fees).
3. Installation of any promotional material (i.e banners, posters etc.) is strictly prohibited unless otherwise approved by Council.
4. Pegging of infrastructure into the Esplanade parklands / grounds is strictly prohibited unless otherwise approved by Council.
5. The use of balloons throughout all Esplanade parklands areas is not permitted.
6. Noise: The hirer is required to ensure that:
   1. noise is kept at a level, which will not adversely impact on the amenity of nearby residents. Music of any kind is to cease by 10:00pm and packing up of equipment is to be completed by 11.00pm.
   2. noise levels produced 3m immediately in front of speaker systems does not exceed 100dB at times before 7:00pm, and/or 110dB at times between 7:00pm and 10:00pm so that the use or activity authorised under the licence does not cause a nuisance. For concerts, regular sound readings will need to be recorded and provided to management.
   3. the use of profanity or obscenities over amplified systems is restricted to ensure that offence is not caused to public areas adjoining the performance facility.

In addition to Council’s General Terms and Conditions of Use for venue hire, the following terms and conditions apply:

1. Noise is kept at a level which will not adversely impact on the amenity of nearby residents. Music of any kind is to cease by 10:00pm and packing up of equipment is to be completed by 11.00pm.
2. The hirer is responsible for leaving the venue in a clean and tidy state.  Floors should be swept and mopped if required. All facility equipment is to be returned to its original storage area after use. Any cost incurred by Council in cleaning the premises resulting from the condition in which the hirer left the venue shall be recoverable from the hirer.
3. Entering and vacating:
   No access is allowed prior to the approval time. The venue must be fully vacated by the finish time indicated on the approval. The hirer is to ensure all lighting and air conditioners are switched off prior to locking up. All windows and doors should be closed and locked. Every consideration must be given by people using and vacating the area to the residents who live nearby in regard to minimising noise and unruly behaviour.
4. Gambling:
   No game of chance, at which either directly or indirectly money is passed as a prize, is permitted at the venue, with the exception that this clause shall not prevent the hirer using the venue for games of Bingo or equivalent, providing relevant permits have been obtained.
5. Signage:
   No notice, sign, advertisement, scenery, fittings or decorations of any kind shall be erected on or in the building or attached or affixed to the walls, doors or any other portion of the building, fittings or furniture, without prior consent of the Council.
6. Decorations and Stage Fittings:
   No stage property, decorations, electric lighting, naked lights of any kind or articles of similar nature (eg candles, oil burners or mosquito burners) shall be brought into the venue without the consent of the Council.  This includes smoke machines, additional seating and scaffolding.  All such articles and property together with any catering appliances or fittings shall be removed by the hirer at the end of the function.  All stage/performance lighting must be set up and packed down by a qualified technician.
7. APRA:
   Council Community Halls are APRA licenced for the performance in public of Works within APRA’s repertoire. This does not cover commercial hirers (such as fitness instructors) who are responsible for arranging the appropriate licence for music usage during their activity.
8. Permission to Occupy:
   Nothing contained in these conditions shall confer on the hirer the right to exclusive possession. Council reserves the right to permit any other portion of the Community Hall to be hired for any other purpose at the same time.
9. Council reserves the right not to approve applications for events involving the sale or consumption of alcohol.
10. The hirer is responsible for the collection of any keys required for the booking within the times specified by Council. Failure to collect keys may result in additional costs if attendance by a Council officer or contractor after hours is required in order to allow access.  Any additional costs incurred will be passed onto the hirer. Requests for Council to provide after hours access due to the failure to collect keys will be granted at Council’s discretion and is not guaranteed.

1. Keys

1. Key/swipe cards must be collected during library opening hours. Without key/swipe card you will not be able to access the meeting room.
2. Key/swipe cards must be returned immediately at the conclusion of the booking to library staff during library opening hours.
3. The hirer is responsible for the security of the building, ensuring all exits are secured, lights and equipment are turned off and all people have exited the building. Failure to secure the building will result in security call out charges, which will be on charged to the hirer.

2. Bookings

1. Bookings can be made five days or more in advance. Enquiries or requests for bookings outside that timeframe will not be accepted or responded to.
2. Rooms for hire to approved organisations/groups (unavailable for parties, receptions, religious or political use).
3. Not for Profit bookings – Australian Business Number (ABN) or Certificate of Incorporation must be included at time of booking otherwise commercial rates will apply.
4. If required, the hirer may cancel their booking. Refunds and credit requests are not permitted.

3. Fair Usage

Fair Usage is considered to be “a reasonable number of bookings that do not significantly limit the ability of other organisations or individuals who book/use this space”. What constitutes ‘a reasonable number of bookings’ is at the discretion of Cairns Libraries. Individual circumstances and requirements may vary.

Cairns Libraries reserves the right to refuse/cancel bookings that are considered in excess of Fair Usage.

4. Room condition

The hirer is responsible for leaving the venue in a clean and tidy state. Any cost incurred by Council in cleaning the premises resulting from the condition in which the hirer left the venue shall be recoverable from the hirer.

5. The following equipment is available at each venue. No other equipment will be provided. All facility equipment is to be returned to its original storage area after use.