(1)

1. Any person desiring to hire the Town Hall or other premises in the Town Hall shall complete an application form which shall be substantially in accordance with the form set out in the Schedule to these Bylaws, and shall submit the form duly signed and completed to the Town Clerk, Town Offices, Mtunzini. The person by whom or on whose behalf the form is signed shall be deemed to be the hirer.

2. Application shall be dealt with in the order in which they are received, but no application shall be accepted and no date tentatively reserved unless the relevant prescribed tariff charge has been paid by the hirer to the Town Treasurer. No public announcement of the function to be held shall be made by the hirer until he has been notified by the Town Clerk in writing that the premises, and pending such notification any reservation made prior thereto shall be deemed to have been made tentatively.

3. The Town Board reserves the absolute discretion to refuse or let any premises and the right to cancel any reservation of the premises without payment of any compensation of the premises being required for public or municipal purposes, or if the function for which the premises are reserved or have been hired is not approved by the Board or if the Board has reason to believe that the use of the premises for such function may result in a public disturbance or for any like reason. The Town Clerk shall not however cancel a reservation to the hiring of premises in terms hereof unless authorised to do so by the Board, provided that in urgent cases, where time does not permit of the matter such reservation or hiring if authorised to do so by the Chairman.

In the event of any such cancellation by or on behalf of the Board, the hirer shall be entitled to a refund of the tariff charge paid to the Board.

4. The prescribed charges for the hire of the premises shall cover the cost of weeping the floor, seating accommodation and lighting of the premises hired and the Board not be obliged to provide any additional facilities or services, provide, however that if the purpose for which the hirer purposes to use the premises is such as to require special cleansing work to be undertaken, the hirer shall pay to the Board such additional sum as may be required by the Town Clerk to cover the cost of the additional work. Any labour provisions, facilities or services, additional to those covered by the tariff charge for the hire of the premises may with the consent of the Town Clerk on application being made at least 48 hours prior to the time of commencement of the function, be provided on payment by the hirer of the cost thereof assessed by the Town Treasurer.

5. It shall be a condition of the hire that the hirer indemnifies and holds harmless the Board against and from any claims for damages or costs, including costs as between attorney and client that may be made against it by reason of any infringement by the hirer or any agent employee booking agent or servant of the hirer arising out of the use in the premises hired of the copyright in any form of any person and in the conduct (including external advertisements or broadcasting) of any performance, work or act therein.

6. The Boards servants and officers shall at all times during any function for which such premises are hired, have the right to enter upon any part of such premises in the performance of their duties in connection with the Town Hall premises.

7. No notices poster, advertisements, decorations, emblems or other attachments without the permission of the Town Clerk being first had and obtained.

8. The hirer shall furnish full particulars of any seating and catering arrangements and of any cloakroom or dressing room accommodation required, to the Town Clerk before 4 pm on the day prior of the date for which the premises are hired. The use of cloakroom is included in any letting of the Town Hall, and such cloakrooms will be in the care and custody of the hirer, who shall provide his own attendants and be responsible for any mistake or loss which may occur. The hirer shall be responsible for clearing the cloakroom and shall hand them over to the Town Clerk or other duly authorised servant o the Board to a clean and tidy condition not later than 8 o'clock on the morning after the conclusion of the function for which the premises are hired.

9. The hirer shall be responsible for all catering arrangements on or about the premises hired and shall ensure that the caterers keep and leave such premises in a clean and tidy condition. All refreshments must be served from the kitchen unless permission has been obtained from the Town Clerk to serve refreshments from any part of the premises. This Bylaw is subject to the provision set out in Bylaw 2.

10. The hirer shall be responsible for all arrangements in connection with the admission of all persons to the premises hirer and shall provide such ushers, cashiers, police and other staff as may be necessary to control the admission and conduct o all persons on the premises.

11. No furniture or article of any description belonging to the Board shall be moved or taken from the premises hired or any other part of the Town Hall building by any person other than the Boards servants or except under the direction of such servants.

12. The hirer shall be responsible for any losses, breakage's or damage of whatsoever nature or description to the Hall, rooms, fittings, fixtures, or any other property of the Board whether inside the premises hired or in or upon the Town Hall building caused during the period for which the premises are hired by any person who has been admitted to the premises hired or seeking admission thereto, whether such person or persons be lawfully on or about the premises or trespassing thereon.
All losses, breakage's or damages shall be deemed to have been caused during the period of hiring unless such losses, breakage's or damages are brought to the notice of the Town Clerk before the premises are used by the hirer.

13. In addition to the fees prescribed in the Tariff Bylaws the hirer shall deposit with the Town Clerk an amount of money to be determined by the Town Treasurer in order to the Board against the cost of any repairs, which may be necessitated through the use of the hired premises and or which the hirer shall be liable in terms of paragraph (12) thereof and against damage to an / or breakage of furniture, fittings and fixtures in and of such premises. In the event of there being no repairs or renovations necessary, of the necessity for which the Town Clerk shall be the sole judge, the amount so deposited shall be refunded to the hirer without unnecessary delay. In the event of repairs or renovations being necessary as a result of damage or breakage to such furniture, fittings or fixtures, so much of the amount so deposited as may be necessary shall be utilised in repairing and / or renovating the damage or breakage's, and the balance of such amount, if any, shall thereafter be refunded to the hirer. Similarly, should the amount so deposited be insufficient to defray the cost of such repairs and / or renovations, the hirer shall pay to the Town Clerk the difference between the cost of such repairs and / or renovations and the amount so deposited immediately upon receipt of notice from the Town Clerk of the amount of such difference.

14. On the first working day after the function for which the premises are hirer is
completed the premises shall be inspected by the hirer and a servant of the Board duly authorised thereto who shall then and there make or cause to be made a note of any damage and / or breakage's.

15. The Board shall not under any circumstances be liable or responsible for any
losses to the hirer or other person in consequence of any failure or defect in the
arrangements for lighting the hired premises or amplifying sound therein,
however caused.

16. In the event of the hirer contravening or causing or permitting any person to
contravene any of the aforegoing provisions of this Bylaw or of any other of the Boards Bylaws which may be applicable to the premises hirer to the use to which they are put by the hirer, the Town Clerk shall be entitled to cancel the hire of the premises at any time and no compensation of refund of hiring fees or deposits or other amount shall be payable by the Board for any loss which may be sustained by the hirer or any other person owing to such cancellation.

17. The hirer shall not tamper nor interfere with the electric lighting or power
installation of the premises hired.

18. No person shall use the piano in the Town Hall except such as shall be approved by the Town Clerk and then only on payment of a fee of R2,00.

Use of Kitchen

(2) The kitchen forming part of the Town Hall building shall be available for the use of persons hiring the Town Hall upon payment of the requisite fee.

Property Lost or Abandoned in the Town Hall Premises

(2)

1. The Town Board will not be responsible for any article or thing lost,
abandoned or left by any person in the Town Hall or in any part of the Town Hall building used by or open to the public for the purposes of or in connection with any functional entertainment or recreation.

2. Any such article or thing found by any other person shall be handed to the Town Clerk for safe custody.

3. Any person who has so lost, or left such article or thing which has been placed in the custody of the Town Clerk, shall, on proof of ownership to the satisfaction of the Town Clerk be entitled to receive back such article or thing, provided it has not been sold pursuant to paragraph (4) hereof.

4. Any such article or thing which remains in the custody of the Town Clerk for three months or more and which is unclaimed shall be deemed to have been abandoned and shall be sold on the Boards behalf by public auction after seven days' notification thereof by notice published in a local newspaper.

Fees for the Hire of the Hall

(4) Charges and / or fees for the use of Town Hall or other premises in the Town Hall building shall be levied in terms of Town Boards Tariff Bylaws.

Offences and Penalties

(5) Any person which shall contravene any of these Bylaws be guilty of an offence and liable upon conviction to a not exceeding Fifty Rand (r%0) in the case of a first conviction, or in the case of a second or subsequent conviction (R100), or, in default of payment of any time imposed in either case, to imprisonment, for any period not exceeding three months; provided that in the case of a continuing offence a fine not exceeding Five Rand (R5) for each day upon which the contravention continued may be prescribed, but no such fine shall in any one prosecution or within any one month One Hundred rand (R100).

(6) The Regulations relating to the hire and Use of Mtunzini Public Hall published on 23rd July, 1959 under Provincial Notice No. 355 of 1959 are here repealed.