Byelaws

Gardens, Property & Governance

1. Prince's Square Gardens is privately owned. Our private property receives no financial or management support from the borough council for maintaining or operating the Gardens. The property is managed by the owners. Access and use of the gardens is a privilege offered by PSG to key holders who follow the Key Holder Agreement, Regulations/Byelaws and pay fees. Access and use of the gardens is not inherent to any individual or property.

Garden Subscriptions & Fees

2. Access is offered entirely at the discretion of PSG to resident occupants able to provide proof of address within the agreed catchment area and successfully complete the application process. Applications will be considered from those who follow Key Holder Agreement / Regulations / Byelaws as:

2.1 Private individuals able to demonstrate permanent residence within the boundary of our W2 catchment.
2.2 Businesses, Schools or Institutions including those direct or adjacent to Prince's Square Gardens will not be offered access.
2.3 Access and use of gardens to registered Key Holders only.
3. Applications for access to the gardens should be made to Prince's Square Gardens via our application found here during enrollment periods. The person whose name, address and other details are registered with the PSG will be deemed to be the Key Holder and responsible for the use of the Key and the actions of all those using the key to access the Gardens from their address.
4. Key Holder Fees and the associated terms and conditions may be determined by the PSG annually and may be amended at any time. Key Holder Fees will become due by 1st May each year for the period until the following 30th April. Key Holder Fees shall be paid in advance.
5. Key Holder Fees are paid for the full year and are not refundable at any point after making payment and receiving a Key.
6. Request for refund of garden key deposit should be made within one month of departure, beyond this period it will be forfeit. No refunds will be issued beyond June 15th for non renewing Key Holder who have not previously informed the owners of their departure.
7. The PSG may, at its discretion, limit the numbers of keys offered in any year. Where Key Holder numbers are limited, a waiting list may be kept identifying those who have applied for access and the date their application was received. When a key becomes available, a unanimous selection by the owners of a standing applicant on the waiting list will be notified by post or by email (when an email address is provided) that a key is available, the offer of which must be taken up and the Fee paid within 10 days of the offer being made. If the offer is not taken up or the Fee is not paid, then the committee may select another person on the waiting list and will be notified and offered the key.
8. Annual application notices will be sent to current Key Holder by email. Where a Key Holder does not pay the annual Key Holder Annual Fee by April 15th for any reason.

8.1 Payment between April 15th and May 1st accrues a non-refundable late fee of £25.
8.2 The Key Holder is deemed Lapsed and the Key recorded as having been issued to that Key Holder or to their address will be deemed "unreturned". Key deposit will be forfeited. New Key Holder rates will apply after May 1st.
8.3 The access will lapse and will not be continued.
8.4 Non-renewing, lapsed or cancelled Key Holders terminates access and use of Prince’s Square Gardens for all members of the household, including children, nannies and staff – effective immediately. The nanny and children of such household may not be invited in as guests with current Key Holders. Failure to comply will be considered trespassing and be dealt with accordingly.
9. Key Holders should expect that the PSG will monitor the use of the Gardens to ensure compliance with the rules, terms and conditions. Access may be cancelled and no refund of Fees will be payable if breaches become apparent.

Keys

10. The key is and will remain the property of PSG.

10.1 Access to the Gardens will be by Key issued by the PSG. Keys are made available to Key Holder in exchange for a Fee normally set annually by the PSG, although Fees may be changed at any time.
11. The use of the Key is limited strictly to the members of the Key Holder's household, or their employees when on their employer's hire. Keys may not be transferred, lent or hired to any other persons.
12. PSG will closely monitor and issue one key per residential household.
13. In the event of a key being lost, the Key Holder must notify the PSG of the loss at their earliest opportunity. Keys that are either reported as being lost or that the PSG reasonably suspects are no longer in the possession of the registered Key Holder will be confiscated immediately - legal action may be pursued.

13.1 Replacing a lost key. Original key deposit forfeited. "New" fee key deposit required and refundable upon successful return of key. Keys are limited and replacing a lost key may take several weeks.
14. Broken Keys at current issue - will only be replaced on successful return of key issued.
15. At its discretion, the PSG may offer a refund for a Key which is returned when a Key Holder lapses, provided the Key is in good, working condition.
16. The PSG reserves the right to demand that Key Holders surrender the Key issued and in these circumstances no Key Holder or other Fees shall be returnable.
17. No person may make or cause to be made any Key to the locks of the gates giving access to the Gardens, and every person using any key not provided by the PSG will be liable to pay a penalty.

Responsibilities of Key Holders

18. The Key Holder will be held responsible at all times for the behaviour of those using the key issued and for any damages they may cause, either deliberately or otherwise, whether personally in the gardens or not.
19. Everyone using a Key is required to ensure that the Gates are properly secured behind them on entering and leaving the Gardens. Gates are not to be left unlocked and unattended in any circumstances. Those with Keys must guard against allowing access by unauthorised individuals either deliberately or inadvertently.
20. Key holders shall produce their Keys for inspection and give their name and address when requested to by owners.

Guest Requests (including Play Dates)

21. Key Holder should request permission for an authorised visit/play date at least 24 hours in advance. An authorised visit/play date is one which has been properly scheduled using this form. See notice board for more information: Frequently Asked Questions & Party Planning documents.

Nannies (employees) & Charges

22. Key Holder nanny/s or children guardians may not bring in guests of their own such as non-Key Holder employers' nannies to use the gardens or the play area at anytime without PSG consent. Failure to comply may result in loss of access.

Party Requests

23. The use of the Gardens for social or other functions or events is not permitted unless prior permission is given by the PSG. Key Holders should review the guidelines and fill out the form here. PSG will respond to your request by email. The date will be held in the Event Calendar. Party fees apply and must be paid and received no later than three days in advance. Events are subject to limits.

23.1 PSG cannot offer exclusivity of the play area or the gardens. The gardens & facilities will be available to all Key Holders.
23.2 Key Holders are responsible for party guests and they should be made aware to obey the regular garden rules (See RULES on Notice Board) and the following:
23.3 Garden gates must remain closed at all times. (Hosts will need to designate someone to allow invited guests in/out and keep gates secure.)
23.4. Toys, paper, food wrappers, bottles or any other litter must not be left in the Gardens. Waste bins are provided outside the garden for the disposal of litter and dog waste.
23.5. The PSG reserve the right to close the Gardens or to limit access to all or part of them at any time.
23.6. The following activities are prohibited unless specific prior arrangements have been made in writing with the PSG.
23.7 The use of any form of electrical equipment that makes a noise (e.g. speakers, generators).
23.8 Lighting of fires or barbecues or the cooking of food.
23.9 Riding bicycles, roller-skates, skate-boards or any powered or un-powered vehicles.
23.10 Lighting of fireworks, candles, oil lamps, sparklers or other items having a flame and fuel.
23.11 Hanging items from the trees or on the railings or interfering with them in any way.
23.12 Erection of tents, marquees or other installations (e.g. bouncy castles) or the provision of any facilities, entertainment or catering by commercial operators.
23.13 No petting zoos, pony rides, paddling pools.
23.14 No item of furniture or equipment supplied by the PSG for the use of Key Holders is to be removed from the Gardens at any time. Items must be returned when not being used.
23.15 No commercial business or photography is allowed in the Gardens without prior consent of the PSG.
23.16 Garden users creating or finding any damage to any feature of the Gardens should report the matter as soon as possible to PSG.
23.17 No breakable glass items are allowed in the Gardens.
23.18 The Children’s Play Area is provided for the use of those under the age of twelve years and those accompanying them.
23.19. PSG work areas, shed and compost bins are strictly for the use by PSG and staff.
23.20 PSG signage giving instructions or setting out restricted areas should be strictly obeyed at all times.

Ball Games & other Sports

24. For the safety of all our Key Holders - Ball games and other Sport Activity are not allowed.

24.1 Children under the age of 5 may use soft balls provided they are under supervision and cause no damage to persons or property.
24.2 No sport classes, or personal training (individual or group).
24.3 The PSG reserves the right to exercise active control over any sporting activity taking place within the gardens. Those failing to obey the reasonable requests of PSG are at risk of having their Key repossessed without notice and their access cancelled. Trespassing charges could apply.

Responsibility for Children

25. For the purposes of these Regulations the PSG committee will consider those under the age of 15 years to be children.
26. All children must be accompanied at all times by a responsible adult when using the garden. Groups of unaccompanied children are not permitted to use the garden at any time without the presence of an appropriate number of Key Holder adults.
27. All those in charge of children or responsible for them must prevent them from:

27.1 Damaging the lawns, trees, flowers, shrubs, equipment, buildings or any other fittings or facilities.
27.2 Swinging from trees or shrubs, or climbing on them or on the railings.
27.3 Playing in the flower beds or shrubberies.
27.4 Creating any disturbance detrimental to the peaceful enjoyment of the Gardens by other users.
27.5 Those responsible for children who use the Gardens retain those responsibilities at all times. The PSG does not accept any responsibility for monitoring the activities of children or any liability for accidents involving children using the gardens and its facilities.

Dogs

28. Key Holders must register their dogs with PSG. Only well socialised and behaved, registered dogs are allowed in the gardens.

28.1 Dogs are not allowed into the Children’s Play Area.
28.2 Those bringing a dog into the Gardens are responsible for clearing away all fouling and disposing of the waste in a hygienic and responsible manner by removing waste and placing it in the bins located outside the gardens.
28.3 The PSG reserves the right to ban individual dogs from being brought into the gardens where it believes that a dog owner or guardian has persistently allowed a dog to foul or cause a nuisance.
28.4 Dog owners of dogs showing aggression to fit muzzles to their animals. If a dog demonstrates aggressive behaviour on more than one occasion, either to garden users, other dogs, or PSG owners, gardeners, staff, or shareholders, the PSG may issue a written ban to the owner preventing it from being brought into the Gardens.
28.5 Registered Key Holder remains responsible for the activities of any dog brought into the Gardens using the Key issued. Key Holders allowing dog walkers/guardians to exercise dogs in the Gardens must ensure that those who do so know about and understand their responsibilities under Garden Regulations. Where persistent problems arise from individual dogs, the PSG reserves the right to repossess key and may also cancel access.

Drones and RC Vehicles

29. The flying of drones or model aircraft in the Gardens is prohibited. Call the police to report drone activity in the area.

29.1 Small ground-based remote controlled (RC) vehicles are permitted when used responsibly. RC Vehicles must not be used to harass, chase, bother, or photograph people or animals in the Gardens. Those who demonstrate poor behaviour with RC vehicles will lose the right to utilise them in the Gardens and may have their access cancelled if this byelaw is repeatedly or egregiously violated, at the discretion of the owners.

Damage to Property

30. Any person wilfully breaking, cutting or removing any of the plants, flowers, trees or shrubs or committing any other damage to PSG property is liable to pay a penalty (5o George IV Cap. 100) and may have their Key revoked and access cancelled with immediate effect.

Lost Property

31. Lost and found queries can be made via our email.

Liability

32. Key Holders and their households who access and use the grounds and facilities do so entirely at their own risk. The PSG do not accept any liability for loss or damage to persons, animals or property being brought into the gardens or for any injury resulting from the use of the gardens and its facilities or equipment.

32.1 Key Holders bringing tables, chairs or any other items into the Gardens do so entirely at their own risk. Unless forming part of PSG sanctioned arrangements, items brought into the garden must be removed at the end of each day. The PSG reserves the right to dispose of items that in its reasonable opinion have been left or abandoned in the Gardens or that are causing a nuisance.