Application To Use Lavant Green

Application Form

Before you submit your application to use the Green, we suggest you read the Terms of Use opposite to check whether you need permission. You may also wish  to carry out a trial run of the form to establish whether supporting documents are required. Nothing is recorded unless/until you click "submit".

Please now complete your Usage Agreement application and Privacy Choices in the window below. Don't forget to scroll down in the window to complete the form.

Terms of Use

All users of the Green must abide by the Byelaws set out in section 1 below, unless a specific derogation has been given in writing by Lavant Parish Council. You can download a copy by clicking on the link.

Events on the Green for which Parish Council permission is required are additionally subject to Standard Conditions of Use, which are set out below in section 2, including those specifically relating to the use of bouncy castles, marquees and gazebos in Annex 1 thereto. You can download a copy of the Standard Conditions and Annex 1 by clicking on the links.

Section 1 - The Byelaws

The Village Green is a registered Open Space. It is covered by a set of Byelaws applicable under Sections 12 & 15 of the Open Spaces Act 1906 and Section 164 of the Public Health Act 1875.
Lavant Parish Council BYELAWS
Made by the Parish Council of Lavant
under section 15 of the Open Spaces act 1906 with respect to a RECREATIONAL GROUND
In these Byelaws:
“the Council” means the Parish Council of Lavant.

“the Ground” means the Recreational Ground and Village Green at Pook Lane and Sheepwash Lane, Lavant.

An act necessary to the proper execution of his duty in the ground by an officer of the council, or an act which is necessary to the proper execution of a contract with the council, shall not be an offence under these byelaws.
A person shall not in the ground without reasonable excuse:
1. Climb any wall or fence in or enclosing the ground or any tree, or any barrier,
railing post or any other erection.
2. Remove or displace any barrier, railing post or seat or any part of any erection
or ornament or any implement for use in laying out or maintaining the ground.

3. A person shall not except in pursuance of lawful agreement with the council or
otherwise in the exercise of any lawful right or privilege, bring or cause to be
brought into the ground, any cattle, sheep, goats or pigs or any beast of
draught or burden.

4. No person without reasonable excuse, ride or drive or cycle, motor cycle,
motor vehicle, or any other mechanically propelled vehicle in the ground, or
cause to be brought into the ground any of the aforementioned vehicles
without prior permission of the council. This byelaw shall not extend to invalid
carriages.

5. A person shall not in the grounds, drive, chip or pitch a hard golf ball.

6. A person shall not in the ground, remove or displace any soil or plant.
7. A person shall not in the ground, cause damage to the grass or trees with fire.i.e. no BBQ’s or bonfires unless prior permission has been obtained from the council and are situated in designated areas.
8. No person shall, in the ground:

a. Intentionally obstruct an officer of the council in proper execution of his duties

b. Intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the council

c. Intentionally obstruct any person in the proper use of the ground or to behave so as to give reasonable grounds for annoyance to other persons in the ground

9. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine, not exceeding Level 2 on the standard Scale.

10. Any person offending against any of these byelaws may be removed from the ground by an officer of the council, or constable.
Given under our hand and seals this 14th January 1996.
Signed R. T. Cross,
S. I. Holt
Members of the Lavant Parish Co
uncil

Section 3 - Privacy Notice

When you use the Green we, Lavant Parish Council (LPC) and Lavant Memorial Hall (LMH), will process and store the information you provide (personal information such as name, address, email address, phone number) so that we can contact you and respond to your correspondence, provide information, and send invoices and receipts relating to your use Agreement. Your personal information will not be shared with any third party without your prior consent.
LPC & LMH  Right to Process Information
Under Article 6 of the General Data Protection Regulations, processing data is lawful only if certain conditions apply, such as:
• Processing is with consent of the data subject, or
• Processing is necessary for compliance with a legal obligation, or
• Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
Information Security
LPC & LMH take care to ensure the security of personal data. We make sure that your information is protected from unauthorised access, loss, manipulation, falsification, destruction or unauthorised disclosure. We will only keep your data for the purpose it was collected for and only for as long as is necessary, after which it will be deleted. Normally we will retain it for no more than 18 months, or 24 months after the last use if you are a regular USER.
Your Rights
Access to Information: You have the right to request access to the information we have on you.
Information Correction: If you believe that the information we have about you is incorrect, you may contact us so that we can update it and keep your data accurate.
Information Deletion: You may request LPC & LMH to delete the information about you.
You can do any of these by contacting the LPC Parish Clerk, [email protected] or the LMH Booking Secretary, [email protected]
Right to Object and Complaints: If you believe that your data is not being processed for the purpose it has been collected for or if you have a complaint about the way your personal data has been processed, please contact our Chairman: [email protected] If you are not satisfied, you may complain to: The Information Commissioner’s Office [email protected] , Tel: 0303 123 1113

To Sum Up
In accordance with the law, we only collect a limited amount of information about you that is necessary for correspondence, information and service provision. We do not use automated decision making or profiling of personal data. We do not sell or pass your data to third parties. We do not use your data for purposes other than those specified. We make sure your data is stored securely. We delete all information deemed to be no longer necessary. We constantly review our Privacy Policy to keep it up to date in protecting your data.

Section 2 - The Standard Conditions

LAVANT PARISH COUNCIL - STANDARD CONDITIONS OF USE

Version dated: 14 December 2023 6

Lavant Parish Council (the Council) is the custodian of and responsible for Lavant’s Village Green. The Green is a registered Village Green and as such it has by Law to remain open and all of it has to be freely accessible at all times to local residents. It cannot be used for commercial activity and no charge can be made for access onto the Green.

For the purposes of these conditions, the term User means the signatory to a Permitted Use Agreement (Agreement) or, where the User is an organisation, the authorised representative. Event means the use set out in the Agreement, not activity that may be taking place elsewhere on the Green

1. Supervision

The User shall be present during the Event and comply with these Standard Conditions of Use for the time being in force. During the Event, the User is responsible for the supervision of the Green the fabric and contents; their care, safety from damage however slight, or change of any sort, and the behaviour of all Event participants using the Green whatever their capacity. This includes the proper supervision of Event car parking arrangements and ensuring that any parking on Pook Lane / Sheepwash Lane by Event participants does not obstruct the free flow of normal traffic or access to any premises.

The User of the Green shall ensure that the Event does not cause unreasonable nuisance or annoyance to others in the vicinity, that participants leaving the Green after 10 p.m. do so with minimum noise to avoid disturbance to the Green’s neighbours, and shall indemnify the Council against any claims so arisin

The User shall be responsible for accounting for all persons at the Event in the case of a fire evacuation, and report accordingly to the attending fire officer.

2. Use of Green

The User shall not use the Green for any purpose other than that described in the Agreement. The User shall not sub-let or use the Green or allow the Green to be used for any unlawful purpose or in any unlawful way nor do anything or bring anything onto the Green which may endanger the same or render invalid any insurance policies in respect thereof. The User shall not allow the sale or consumption of alcohol thereon without prior written permission of the Local Authority (CDC) or their agent.

3. Unlawful or Illegal Activities

Under the Counter Terrorism and Security Act 2015. The User shall not allow the Green to be used to disseminate extremist views.

4. Licences

The User shall be responsible for obtaining such licences as may be needed for the sale or consumption of alcohol and any other licensing needs and provide the Council with evidence of such licences. The User shall ensure that nothing is done on or in relation to the Green in contravention of the law relating to gaming, betting and lotteries. The Council does not have a TV licence and so Event participants must not watch or record live TV programmes on any channel, TV service or streaming service, or to use BBC iPlayer, on any device plugged into the mains.

5. Public Safety Compliance

The User shall comply with all conditions and regulations made in respect of the Green by the Fire Authority, Local Authority, and the Local Magistrates’ Court or otherwise, particularly in connection with any Event that includes public dancing or music or other similar public entertainment or stage plays.

6. Health and Hygiene

The User, if preparing and/or serving food, shall observe all the relevant food health hygiene legislation and regulations and observe any additional public health regulations or guidance that may be brought into force at any time (e.g. Covid-19).

7. Electrical Appliance Safety

Electrical appliances must be safe, in good working order and comply with the Electricity at Work Regulations 1989, and be used in a safe manner. Where a residual circuit breaker is provided under terms of the Public Entertainment Licence or Community Premises Licence, the User shall make use of it in the interests of public safety.

8. Indemnity

The User shall indemnify the Council for the cost of repair of any damage done to any part of the Green that results from the Event. The User is responsible for making arrangements to insure against any third-party claims against him or her (or the organisation if acting as a representative) whilst using the Green.

9. Accidents and Dangerous Occurrences

The User shall report all accidents involving injury to the public to the Clerk of the Council as soon as possible. Certain types of accident or injury must be reported to the local authority on a special form that the Clerk can supply. This is in accordance with the Executive Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.

10. Fireworks

The use of fireworks on the Green is prohibited. The Council may waive this prohibition in exceptional circumstances and where the appropriate health and safety requirements are met and an appropriate indemnity is given by the User. The use of all smoke machines is prohibited.

11. Village Green – a registered Open Space

The Green is covered by a set of Byelaws under sections 12 & 15 of the Open Spaces Act
1906 and Section 164 of the Public Health Act 1875, where these restrictions apply: -

NO person shall remove or displace any barrier, railing post or seat within the Green.

NO person shall walk ride or graze horses or any animal, without consent of the Council.

NO person shall set to kill, injure or disturb any animal, engage in hunting or shooting.

NO person shall erect a tent or use a vehicle caravan for purpose of camping.

NO person shall light a fire or BBQ at an Event, without consent of the Council.

NO Motor Vehicle shall drive on the Green without permission granted by the Council.

NO cycling on the Green without reasonable excuse.

ANY ball games played must not cause annoyance to others whilst using the Green

NO person shall climb, tie any items, or cause damage to any tree or plants on the Green.

NO person shall engage in the sport of archery/javelin/disc/hammer or shot without consent of the Council.

NO person shall drive, chip or pitch a hard golf ball.

NO person shall release for flight a model aircraft or drone weighing more than 7Kg without its fuel. Power-driven aircraft are prohibited to take off or land without consent from the Council or reasonable excuse.

NO person shall fly any kite in such a manner as to cause danger or give reasonable grounds for annoyance to any other person.

NO person shall without consent of the Council use a device designed or adapted for detecting or location any metal or mineral in the ground. Any finds belong to the Council.

NO person shall enter the preserved cricket wicket (marked by stakes/ropes).

12. Safeguarding Children and Vulnerable Persons

Any User organisation shall ensure that any activities for children, young people and adults at risk are only provided by fit and proper persons in accordance with the Children Act 1989 and 2004, the Safeguarding Vulnerable Groups Act 2006 and any subsequent legislation.  When requested, the User shall provide the Council with a copy of their Safeguarding Policy and evidence that they have carried out relevant checks through the Disclosure and Barring Service (DBS).

Any User holding an Event involving activities where Ofsted registration is required must provide the Council with evidence of their registration and their own Safeguarding Policy.

12. Fly Posting

The User shall not carry out or permit fly posting or any other form of unauthorised advertisements for any Event taking place at the Green, and shall indemnify the Council accordingly against all action, claims and proceedings arising from any breach of this condition. Failure to observe this condition may lead to prosecution by the local authority.

14. Sale of Goods

The User is not permitted to charge entry to the Green for any purpose whatsoever. The User is also not permitted to sell goods unless for the purpose of fund raising at a charitable event.

15. Cancellation by User

If the User wishes to cancel the booking before the date of the event any deposit will be refunded.

16. Cancellation by the Council

The Council reserves the right to cancel this Event if the Green is required for use as a Polling Station for a Parliamentary or Local Government Election or Bye-election or in an Emergency, in which case any deposit will be refunded.

17. Unfit for Use

In the event of the Green or any part thereof being rendered unfit for the Event, the Council shall not be liable to the User for any resulting loss or damage whatsoever.

18. Refusal of Permission

The Council reserves the right to refuse permission for an Event after discussion at full council, without notice, or to cancel this Agreement at any time either before or during the term of the Agreement upon giving seven days’ notice in writing to the User. The User shall be entitled upon such notice to reimbursement of such monies including the deposit as have been paid by the User to the Council. The Council shall not to be liable to make any further payment to the User.

19. End of Event

The User shall be responsible for leaving the Green and surrounding area in
a clean and tidy condition, properly secured unless directed otherwise and any contents temporarily removed from their usual positions replaced, otherwise the Council shall be at liberty to withhold the deposit.

20. Health and Safety on The Village Green

The User is responsible for the health and safety of participants and third parties arising from the Event. The User shall comply with all safety requirements set out in the Agreement, the Standard Conditions of Use and with any safety notices on the Green, and shall do everything reasonable to prevent injury to participants or others.

The User is strongly advised to take out Public Liability Insurance for the Event. Insurers may require a Risk Assessment. In the absence of insurance, or if an insurer does not require a Risk Assessment, the User is still strongly advised to complete the generic Risk Assessment form, which can be found here [link] or by visiting www.hes.gov.uk

A completed Risk Assessment form must be submitted to the Council for any Event that is open to the public.

Annex 1 (to the Standard Conditions)

Version dated: 14 December 2023 5

Use of Bouncy Castles or other inflatables, Marquees or Gazebos

The Council will usually allow the use of bouncy castles or other inflatables, marquees and gazebos on the Green subject to adequate insurance arrangements.

The Council has public liability insurance in respect of its responsibilities as owner of the land. However, this does NOT cover any injury, loss or damage sustained arising from the use of a bouncy castle or other similar inflatable device, marquee or gazebo. The User is required to indemnify the Council against all liabilities, costs, expenses, damages and losses, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by the Council arising out of or in connection with any claim made against the Council by either the User or any third party arising out of or in connection with the User placing any inflatable device, marquee or gazebo on the Green.

The Council requires that the User choose one of the following two options:

1. Use the services of a bouncy castle/inflatable hire company/marquee hire company with their own public liability insurance who will not only supply the equipment but also operate and supervise at all times during its use.

2. It is possible that cover may be provided by the Users home contents policy (if there is one) but this must be checked with the insurer. If this is not the case, the User should look to arrange a short period public liability insurance policy. Cover may be obtained from a company offering specialist one day public liability insurance. Such policies are, for example, offered online. The User will have to supervise any inflatables at all times.

In either case the User shall show the Council evidence of a valid public liability insurance certificate no later than 14 days before the Event takes place. It is the Users responsibility to ensure that the insurer’s requirements are explicitly followed to ensure that full cover is provided.

The Council reserves the right to decline any application to use an inflatable device, marquee or gazebo on the Green.

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