Terms and Conditions of 2025 License Agreement for The Old Garden

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For interpretation purposes, the following terms are used in this Agreement:

The Company – The Blessed John Sullivan Community Gardens & Farm CLG, Company Reg No 743044 trading as “The Old Garden”

Plot – any garden plot let by or on behalf of The Old Garden

Licence Fee – the annual sum payable for a garden plot and all amenities provided with it.

Licensee – a person who holds a Licence Agreement for a garden plot.

The headings of these rules are not to affect their interpretation.

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1. Allocation of Vacant Garden Plots

1.1 Applicants who wish to apply for a garden plot must complete an application form which is available from info@theoldgarden.ie and on our website www.theoldgarden.ie

1.2 Garden plots will be allocated after all application forms have been considered. Submission of an application form does not automatically entitle the applicant to a plot.

1.3 The Licensee assumes full responsibility for the upkeep of their plot. The Old Garden will not carry out any improvements to fences or lands for the entirety of the Agreement.

1.4 The Old Garden in considering applicants for garden plots in future years will have regard to the Licensee’s performance and use of the garden plot under this Agreement.

2. Assignment

2.1 The Licensee must complete and sign the Licence Agreement and return it to The Old Garden for the Agreement to come into effect.

2.2 The allocation of a garden plot is personal to the Licensee. Licensees may not assign, sub-let or part with possession of all or part of their garden plot(s) during the period of the Licence.

2.3 The Licensee shall be responsible for his/her garden plot and all that is on it.

2.4 The garden plot is, and shall at all times remain, the property of The Old Garden. The Licensee shall acquire no right, title or interest in the plot. The Licence gives the Licensee the right to cultivate the plot for the period of the Licence, according to the Terms outlined in this document. The Licence does not, and is not intended to, create or grant to the Licensee any estate or interest in the lands. The Licensee hereby admits that the Agreement hereby created is for the temporary convenience of the parties hereto.

2.5 The Licensee or family members or guests working on the garden plot do so at their own risk and shall not hold The Old Garden liable for any injury suffered while working on it.

3. Termination

3.1 The Licence Agreement may be terminated by The Old Garden before the specified date if the Licensee is in breach of the terms and conditions of holding a garden plot.

3.2 On the expiration of the Licence Agreement, the Licensee shall hand over the quiet and peaceable possession of the garden plot to The Old Garden.

3.3 If the Licensee is found to be in breach of his/her obligations under the Licence Agreement, The Old Garden may terminate it by notice in writing to the Licensee. On service of such notice the Licensee’s right to use the garden plot shall cease and the Licensee shall remove all vegetable /fruit crops from the lands within 7 days. In these circumstances no refund of the fee paid shall arise.

4. Rent

4.1 The Old Garden shall permit the Licensee to use the allocated plot for the period 01 February to 31 December annually. The standard rental period will be 11 months. The Licence fee for a garden plot shall be paid in full on the signing of the Agreement. No refunds will be issued under any circumstances once the Agreement has come into effect.

5. Composting and Waste

5.1 Garden plot holders must compost waste materials. Communal composting facilities will be provided at the site. However, the Licensee may place a composting bin on their own plot for their private use. All other non-bio-degradable waste is to be removed from the site by the Licensee.

5.2 Non-compostable/non-bio-degradable waste shall be removed from the garden plot by the Licensee. Bonfires are not permitted on site.

5.3 The Licensee shall be responsible for the removal of all waste matter relating to fences, gates, sheds and crops from the garden plot on termination of the Licence. Any items left on the garden plot after the Licence has terminated will be disposed of in any manner which The Old Garden deems fit, and the cost may be recovered from the Licensee.

5.4 Rubbish, refuse or decaying matter (except for quantities of manure or compost reasonably required for cultivation) must not be deposited on the garden plot or any adjacent land by the Licensee or by anyone else with the Licensee’s permission. Any Licensee (or their guest) found dumping such materials at their garden plot or on the overall site without the consent of The Old Garden, may have their Licence Agreement terminated immediately.

6. Cultivation and Use of Garden plots

6.1 Cultivation of the plot is a matter for the Licensee. Licensees must use the garden plot for their own personal/domestic use for the growing of vegetables/fruit crops and must not carry out any business on site. The Licensee shall be deemed to have satisfied themselves as to the suitability of the land for the growing of vegetables/fruit crops.

6.2 The Licensee shall not hold The Old Garden responsible for any loss of or damage to crops on the garden plot.

6.3 Garden plots must be kept clean and in a good condition/state of cultivation, free from weeds of all descriptions. Uncultivated areas must not become overgrown or untidy. Overgrown weeds should not interfere with the neighbouring plot or common area.

6.4 Licensees shall take all reasonable steps in accordance with best horticultural practices to ensure that all vegetables/crops are protected against pests and diseases. The Old Garden will provide training/education and facilities on natural fertiliser and pest repellents. In the event of a breakout of serious disease, the board will issue specific instructions with regards to dealing with that breakout. Use of chemical pesticides will only be permitted in exceptional circumstances & with specific permission granted by the board.

6.5 The Licensee shall be the “responsible person” for the purposes of the Noxious Weeds Act, 1936, in respect of their garden plot for the period of the Agreement. The Licensees shall not grow any plants, weeds or otherwise that are specified / prohibited by Irish and European law.

6.6 Licensees shall keep hedges, fences and gates within the boundary of their garden plot properly cut, trimmed and maintained. The Licensee shall not interfere with, or remove, any existing or future hedging, fencing, walls or other boundary markers on the garden plot site. The Licensee shall not use any barbed wire for any purpose on the garden plot.

6.7 Licensees shall not cut or prune or remove any timber or other trees adjoining the garden plots, nor take, sell or carry away any mineral, sand or clay or permit any other person to do so.

6.8 The Licensee shall not erect any notice or advertisement on the garden plot, other than the garden plot number.

6.9 The Licensee shall observe any additional conditions which The Old Garden considers necessary from time to time to preserve the garden plot from deterioration, notice of which shall be given to the Licensee in writing.

6.10 The Licensee shall not cause nuisance to The Old Garden or to the occupier(s) of any other garden plot or to occupiers of neighbouring properties.

6.11 Creeping buttercups can be managed in an organic manner by digging out the plant. Use a fork or a trowel to dig out the weed & ensure it is removed from your plot. Mulching deeply is ideal for smothering the weed.

6.12 If, due to unforeseen circumstances, you cannot maintain your plot for four consecutive weeks, please contact us as soon as possible. We can provide a weeding and maintenance service for you. There is a charge for this service of €25 per hour. However, if your absence exceeds five weeks, we will be obliged to take back the garden plot.

7. Hoses and Sprinklers

7.1 Sprinklers are not allowed due to the large volumes of water used. The Licensee must not leave any water hoses running.

7.2 The water connection provided shall not be interfered with. Under no circumstances are individual connections to this water supply allowed.

8. Dogs and Animals

8.1 No livestock, poultry, pigeons, or animals, with the exception of dogs on a lead, are permitted onto the garden plot site.

9. Authorised Persons and Visitors

9.1 Access to the gardens is available 7 days a week. The management reserve the right to close the gardens during extreme weather conditions & in exceptional circumstances.

9.2 Only the Licensee, or a person authorised and/or accompanied by the Licensee is allowed on a site.

9.3 Any children who are brought on to the site must remain under the supervision of the Licensee and not cause nuisance or danger to either themselves or other users of the garden plot site.

9.4 The Old Garden may order any person entering the site unlawfully or in breach of these terms to leave immediately.

9.5 The Old Garden may take action against a Licensee for allowing an unauthorised person to be on the site when it has reasonable grounds for believing that, by permitting unlawful access, other users of the site have been inconvenienced.

9.6 Any Licensee, or any person being a guest of that Licensee, found removing produce or other items from another Licensee’s plot without the consent of that plot’s Licensee, or from a vacant plot without the consent of The Old Garden, may have their Licence Agreement terminated immediately. The Licensee will be held responsible for such guests’ behaviour and their health and safety.

9.7 The Licensee shall comply with Health and Safety laws and exercise a “Duty of Care” towards themselves, other Licensees and the general public.

10. Paths and Car Park

10.1 The Licensee shall ensure that they keep the paths and access routes clear of obstructions at all times.

10.2 The Old Garden does not accept responsibility for any loss or damage to vehicles incurred by the Licensee in the car park area.

11. Sheds, Buildings and Structures

11.1 The Licensees may erect (non-permanent) structures on their garden plot in accordance with the following:

. Any shed or glasshouse shall not be higher than 2.20 metres and should not exceed a footprint of 2metres x 2metres.

. Sheds should be well maintained and painted brown or green.

Permission should be sought in writing from The Old Garden prior to any erection of any shed or glasshouse. Should a shed or glasshouse be erected without prior written permission from The Old Garden the licence agreement will be terminated immediately and removal of the shed or glasshouse will be at the Licensee’s expense.

11.2 The storage of chemicals, oils, fuels, lubricants, or any other flammable liquids will not be permitted within the Garden plots site.

11.3 The Old Garden shall not to be liable for loss of, or damage to, whether by accident, fire, theft or otherwise, any tools or contents in any shed, greenhouse or tool locker.

11.4 The Old Garden shall not be obliged to replace or repair any private shed, greenhouse or tool locker which is destroyed or damaged.

11.5 No sheds are allowed to be placed on common areas. If a shed is placed in a common area The Old Garden may remove it without notice to the plot holder.

12. Inspection

12.1 The garden plot (and any shed on it) may be entered and inspected, at any time during the lifetime of this Agreement, by an employee of The Old Garden, and the Licensee must give them full access and co-operate with them. The Licensee shall undertake any work determined by The Old Garden as being necessary for the management of the garden plot.

12.2 The Old Garden will carry out regular inspections on the garden plot site. The Licensee of a garden plot that is deemed to be underutilised, overgrown or in breach of any of these conditions will receive a warning letter outlining the problem with their garden plot. If the issue is not resolved prior to the subsequent inspection, a second warning letter will be issued. If, after two warning letters, no action is undertaken by the Licensee within the time required, the Licence Agreement will be terminated. The Old Garden will inform the Licensee in writing that the Licence Agreement has been terminated.

12.3 The Licence Fee will not be refunded under any circumstances.

13. Disputes

13.1 Disputes between Licensees will be referred to the Board of Directors of The Blessed John Sullivan Community Gardens & Farm CLG. The decision of the Board will be binding on all the Licensees involved in the dispute. The decision of the Board will be conveyed in writing to both parties. The decision of the Board will be final.

14. Change of Address and Service of Notices

14.1 Licensees must immediately inform The Old Garden in writing of any change of address.

14.2 Any notice must be served on a Licensee either personally or by leaving it at his/her last known address, or by registered letter or by recorded delivery letter addressed to him/her there, or by fixing a notice in a conspicuous manner on the Garden plot. Notices served will be treated as properly served even if not in fact received.

15. Data Protection

15.1 The Old Garden shall abide by the principles of the data protection legislation & ensure that all data is kept confidential & is not used or disclosed other than as provided for under these terms & conditions or as required by law.

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Garden plot holders must agree to completely abide by these Terms and Conditions and understand that failure to comply with these will be in breach of Health & Safety Procedures and may lead to the removal of your garden plot rental agreement.

The Old Garden reserves the right to change these Terms & Conditions from time to time without notice.

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The Blessed John Sullivan Community Gardens & Farm CLG T/A The Old Garden

Blessed John Sullivan Community Gardens & Farm is a company limited by guarantee.

Registered number: 743044

info@theoldgarden.ie