Licence to use Land or Premises for a Charity Fete, Garden Party or Other Event or Activity

When to use this Template 

This Licence to use Land or Premises for a Charity Fete, Garden Party or Other Event or Activity is appropriate where a charity is to be allowed to use land or premises belonging to another person or organisation. The event or activity may be conducted by the charity for the purpose of fundraising or some other purpose within its charitable objects. The land or premises might be used by the trustees and/or staff and/or volunteers of the charity, or also by others, including any supporters or members of the public admitted by the charity to the event or activity. In any case, the use will be for a short period only, e.g. a number of hours, or a day or a weekend, rather than any lengthier period. This template is not designed for any other situation.

Licence Not Lease

Where an owner of land agrees to make their land or premises available for a very short period in this way, they will usually do so by means of a licence agreement rather than a lease. (A licence creates a contractual relationship only, whereas a lease additionally creates a property relationship, but the differences between leases and licences are beyond the scope of this note).

Licence Template can be Proposed by Owner or by the (Charity) Licensee

An owner would usually expect to provide a draft licence to the proposed licensee (i.e. the charity) for comment or agreement, and this template is suitable for that purpose. However, if you are a charity, there is no reason why you cannot ask the owner to agree to enter into an agreement in the form of this template: since there is to be only a very short term use of the land or premises, the owner may be amenable to you proposing the form of the licence agreement. If you do so, the owner might then request amendments to it. If you have any concern about any of those amendments, you should seek legal advice. If, on the contrary, the owner does not agree to your proposing the form of licence agreement, this template can then serve as a valuable checklist for you when you review the owner’s draft. If their draft either includes anything which is not in this template or it excludes anything which is in this template, that will alert you to potentially unreasonable or risky features of the owner’s draft, and you should seek legal advice where you have any doubts about the owner’s draft.

Details of Charity

The details of the parties at the top of the first page contain alternatives so that you can include the appropriate wording to take account of the legal form of the charity. The signature clauses at the end of the template will need to be adapted to take account of the legal nature of the charity and the particular individuals authorised by the charity to sign on its behalf.

Clauses

Clause 1 contains the definitions. The Licensor can use the “Permitted Hours” definition to limit the hours during which the Charity may use the land/premises. For example, the Licence Period may be a whole weekend, but the Permitted Hours might be 9am to 11pm to ensure that there is no noise during the night.

The definition of Premises makes optional reference to a plan. It is recommended that a plan is included, showing the Premises edged red, so that the extent of the Premises is clear. If the Licensor is providing any furniture or equipment, this should be listed on a schedule and attached to the Licence before it is signed.

Clause 2 contains the grant of the Licence.

Clause 3 contains the Charity’s covenants. These cover payment of the Licence Fee, use, and the Licensor’s right of entry.

Clause 4 provides for the Charity to have access to the Premises via the Licensor’s adjoining land, if necessary.

Clause 5 contains some standard clauses including a requirement for notices (e.g. a notice to terminate the Licence) to be served in accordance with section 196 of the Law of Property Act 1925. This means that notices should be delivered by hand or sent by recorded or special delivery post. If the notice is sent by recorded or special delivery post, service is deemed to occur at the time at which the letter would “in the ordinary course” be delivered.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

This Licence to use Land or Premises for a Charity Fete, Garden Party or Other Event or Activity is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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