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#1 Posted : 23 January 2001 13:05:00(UTC)
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Posted By Lisa Fowlie Dear All, If an Agricultural Society rents out its own showfield / premises to third parties for other activities eg carboot sales / Sunday markets /caravaner clubs / bike rallies etc Where do the Health and Safety responsibilities lie and does anyone have an example of how this is written into a rental contract. Thanks, Lisa.
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#2 Posted : 23 January 2001 23:14:00(UTC)
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Posted By Ken Taylor It depends basically upon whether you give sole control of the site to the user or whether you retain some control- particularly by the presence of your employees or ongoing activities. If control of a defined area is clearly given to the users your duties would largely be under contract in providing the site in the agreed condition and as a reasonable person might expect it (eg reasonably safe). There would also be a need to provide necessary safety information in your possession relating to the use of the site. The hirers would then be in control under Occupiers Liability and Health and Safety at Work legislation. If some control is retained it gets a bit more complicated! It would be normal in drawing up the contract to require evidence of insurance and indemnity and to require the users to obtain any necessary licences for their activities (alcohol, music and dancing, performance of plays, etc). I would, personally get them to sign to the effect that they will satisfy themselves as to the suitability of the site for the intended use. I hope one of the other contributors comes up with a useful standard form of contract - because I would like to have one too!
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#3 Posted : 03 February 2001 09:43:00(UTC)
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Posted By Lisa Fowlie Dear Ken, many thanks for your help. Apologies for the delay but I had hoped for further comments. Regards, Lisa.
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