Mayor's Report - April 2010

In recent weeks a number of questions have been raised about the process involved in renting the hall located beside the municipal office. At the regular March 8^th Council meeting, residents asked Council to review the current policy and procedures relating to renting the hall. Residents expressed that the current rental application and agreement package appeared overly complex and bureaucratic.

Council recognizes the need and value to have the village hall available for Belcarra's community and private groups while maintaining the operational aspects of the municipal office. Council's goal is to ensure its legal and health and safety obligations can be met with the minimum of bureaucracy.

As a result, Council and staff have undertaken to review the rental policies and procedures, with Councillor Bruce Drake overseeing this process. While we are very busy at the moment with our annual financial audit and budget preparations, we appreciate this is important and will try to move forward as quickly as practical. As an initial step we have compiled the following 'Questions & Answers'. We invite comments and suggestions from residents on all aspects of Council's policy as to how we can achieve the right balance encouraging use while ensuring necessary protection for both renters and our municipality.

WHAT IS THE PROCESS FOR RENTING THE HALL?

1. Rental Application:

Residents wishing to rent the village hall are asked to complete a rental permit application package, available from the municipal office or website. Included in the current rental application package is information outlining:
• Dates and times of hall booking;
• Hall rental fees and conditions of use;
• Overview of insurance requirements;
• Overview of Fraser Health Authority food and beverage requirements; and
• Overview of the Liquor Control and Licensing Branch 'serving of alcohol' requirements.


2. Indemnity Agreement:

This is a standard contract put in place to protect the renter and the municipality in the case of a loss or potential legal action.


3. Liability Insurance:

A Certificate of Insurance is required to provide $2,000,000 of liability insurance, naming the renter and/or their group, as well as the Village of Belcarra as additionally insured (no extra cost). This is a standard requirement for municipal facility rentals and is necessary because:
• The village hall is a 'public' facility with different legal requirements from 'private' facilities such as condominium social areas managed by strata councils;
• The onus is on the applicant to ensure that the premises are in a reasonable safe condition, and to assume responsibility for all activities that take place as well as the conduct of the invited guests during the booking period;
• When an individual rents the village hall they owe a "Duty of Care" in Common Law to their invited guests. Insurance is required as a safeguard --- in the event of a problem, the courts have the authority to determine the degree of responsibility of the host; that is, the person or group renting the facility. Without insurance, a legal settlement can impact the personal assets of the individual or group named in the rental agreement; and
• By naming the Village of Belcarra as additionally insured on the Certificate of Insurance, financial protection is provided to the municipality, and by default the taxpayers of Belcarra.
The municipality's business liability insurance cannot be extended to cover individuals or groups renting the hall who are not employed by, or under direct supervision and direction of the municipality. For those interested, details of the municipality's Liability Protection Agreement can be found on the Municipal Insurance Association of BC website.


4. Liquor License: if applicable

This is not a Belcarra requirement, but a provincial one. As a municipality, we respect provincial regulations and are obligated to uphold them, including British Columbia's liquor laws. If an applicant is planning to serve or sell alcohol, they are required to obtain a Liquor License. These regulations apply even when the expected consumption of alcohol at an event is limited to a few glasses of wine. A copy of the Liquor License is required prior to the event/booking date. Details can be found on the provincial Liquor Control and Licensing Branch website.


5. Kitchen Use: if applicable

Again, this is not a Belcarra requirement, but a provincial one. All municipalities are required to ensure that anyone renting a public space is aware of the need to meet British Columbia's Health Act requirements:

• If an applicant is planning on serving food at their event/booking, they are required to complete Fraser Health's Application To Use Kitchen form to be forwarded to the Fraser Health Authority. In most cases when the event/booking is a private function, the Fraser Health Authority will contact the applicant to advise that health approval is not required, and they are permitted to cook and prepare food using the village hall's kitchen.
• If an applicant is planning on cooking and serving food for a public event/booking such as Easter pancake breakfast, community celebration or fundraiser, etc., the applicant is required to fill-out Fraser Health's Application To Use Kitchen form and provide it to the Fraser Health Authority. The applicant will likely be asked to obtain Food Safe and subsequently will be granted temporary approval to cook in the kitchen and serve food.

WHAT ABOUT GROUPS THAT MEET FOR BUSINESS PURPOSES?

Belcarra does not require any fees, security deposits, insurance, indemnification agreements, or clean-up charges, for groups meeting for business purposes; for example:

WHAT ARE THE COSTS TO RENT THE HALL FOR SOCIAL EVENTS?

Belcarra does not charge hall rental fees to community groups hosting social events --- groups such as CRAB, SVFD, or Boy Scouts. For individual residents and other groups wishing to rent the village hall:

1. Application Fee: $50



2. Rental Fee: $150

Rental of the hall is $150 for eight hours and includes four hours for set-up and cleaning.


3. Security Deposit: $500

While we appreciate most renters have the best of intentions, the reality is that damage during rentals has occurred on a number of occasions. If there is no damage, then the security deposit is refunded in full after the event/booking has taken place.


4. Liability Insurance:

Costs associated in obtaining liability insurance are set by the applicant's insurance company.


5. Liquor License:

The Liquor Control and Licensing Branch sets the cost for the Liquor License based on the event.

CAN THE PAPERWORK TO RENT THE HALL BE SIMPLIFIED FOR RESIDENTS?

As mentioned, Council and municipal staff have undertaken to review the rental policies and procedures, with the goal to streamline and simplify the process, where possible, while providing the necessary information to assist potential renters with understanding the process.

We hope this information is helpful and invite your comments and suggestions --- please email them to belcarra@belarra.ca. Comments and suggestions will be forwarded to all members of Council and collectively considered and reviewed.

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