Control of Equipment for Activities at Pretty Bay

L.C.B.L 15/10/2017

LOCAL COUNCILS ACT

(CAP. 363)

Control of Equipment for Activities at Pretty Bay

(Birżebbuġa Local Council), Bye-laws 2017

IN Exercise of the powers conferred by articles 34, 35(8) and 60 of the

Local Councils Act, the Birżebbuġa Local Council has made the following

Bye-Laws

The title of these Bye-Laws is the Control of Equipment for Citation.

Activities at Pretty Bay (Birżebbuġa Local Council) Bye-Laws, 2017.

(Bye-Law 2)

Pretty Bay and the sites in which activities can be held

(Site-plan showing the boundaries of Pretty Bay and sites A, B, and C on

which equipment can be placed.))

In these Bye-Laws unless the context otherwise requires

Interpretation.

"the Act" means the Local Councils Act;

"activity" means any type of activity authorized by the Council by these

Bye-Laws, which is held in any on of the sites indicated in the site plan in the

First Schedule to these Bye-Laws, excluding beach party, a festivity, an

activity that generates loud music and any other similar activity, which is to

be held in Pretty Bay during any period between the 1st of May and the 30th

September of any year;

"applicant" means a person who applies for authorization by the Council

under these Bye-Laws;

"Authorised Person" means the person who is successful in the open call

for tenders to set up furniture and fixtures for the duration of the period

indicated in these Bye-Laws;

"Council" means Birżebbuġa Local Council;

"Equipment" includes any equipment placed on the site by the authorized

person, by means of which he can conduct the activity in the site given to him

under these Bye-Laws; which equipment may include structures for sport or

entertainment purposes, such as trampolines, bouncing castles and other

similar structures, as well as mechanical or electrical equipment or

equipment that works with some other form of generation such as electrical

generator, as well as any type of furniture, furnishing or other object, put up

in the site for conducting the activity;

"locality" means the Birżebbuġa locality as established in the Act;

"Pretty Bay" means the zone having the established boundaries as

indicated in the First Schedule to these Bye-Laws;

"site" means the place in which equipment may be put up by the

authorized person and an activity conducted under the terms and conditions

established by the Council, as shown on the site-plan in the First Schedule to

these Bye-Laws.

Authorisation by the Council

(Bye-Law 3.1)

Birżebbuġa Local Council

Authorisation by virtue of the powers conferred by the Control of

Equipment for Activities at Pretty Bay

(Birżebbuġa Local Council)

Bye-Laws, 2017

By

means

of

this

authorisation,

Mr/Mrs/Miss

……….............…..............……, (known as the "authorised person") having

Identity Card Number …………........……, and who resides at

………...........…...............…………………………………………………., is

authorised to set up equipment in the site shown in the attached site plan in

terms of the First Schedule, at Pretty bay, in the period between

……….........……… and ……………......…………....., under the following

terms and conditions

This authorisation shall be kept by the authorised person at all times during

the activity within Pretty bay. The authorisation is not transferable.

If music is to be played, this shall at all times be kept at a volume

which does not annoy the residents.

The Activity and the music shall stop at 11:00p.m.

The site shall be kept clean at all times and for this purpose a number of

waste bins shall be placed and emptied when necessary. At the end of the

day, the remaining waste shall be taken away from the site.

There shall be kept a copy of the insurance policy and equipment safety

certificate together with this authorisation.

At the end of the authorisation, the site shall be left vacant and in its original

state.

This authorisation is also subject to the Specific Terms and Conditions

1. …………………………………………............………………………

2. …………………………………………............………………………

3. …………………………………………............………………………

4. …………………………………………............………………………

Mayor

Executive Secretary

Council Rubber Stamp

€0.54

1 Without prejudice to any other permit, authorisation, or other Authorisation

license required under any other law, no person shall conduct any activity by

for activities at

within Pretty Bay in the period mentioned in these Bye-Laws unless Pretty Bay.

authorised to do so in writing by the Council in exercise of the powers

conferred by these Bye-Laws. The authorization by the Council shall be in

the form shown in the Second Schedule to these Bye-Laws.

3.2 These Bye-Laws shall regulate the activities held between the 1st of

May and the 30th of September.

1 The site where any activity may be held and in which the necessary

equipment may be placed for any authorised activity shall be indicated by the

Council on a site-plan and given to the Authorised persons together with the

authorisation.

4.2 On the site plan given by the Council to the authorised person there

shall be indicated the size of the site in which the activity is to be held.

1 The Council shall issue a public call for sealed tenders for all those

persons interested to hold an activity and place equipment at Pretty Bay.

5.2 The Public call for tenders shall close at the end of November and it

shall be adjudicated by the Council by not later than the third meeting after

the close of public call

Provided that if these Bye-Laws are published after the end of

November, the public call shall close on the date indicated by the Council.

5.3 In the public call, the Council shall indicate the sites in which one

can place equipment, as well as the minimum payment to be made for each

area.

5.4

The following information shall be requested in the public call

(a) the name and surname, the Identity Card number, the

postal address, the cellular phone number and the electronic mail

applicant;

(b)

applicant’s choice of site;

(c)

the money offer for a particular site;

(d)

the details of the equipment to be used, including their

size;

(e)

a photo of each equipment to be used on the site;

(f) a copy of the certification that the equipment conforms to

established standards.

5.5

Each applicant shall be VAT registered.

5.6 The Council reserves the right to refuse even the most

advantageous offer, where the principle criteria are the price and type of

activity

Provided that when the Council refuses the most advantageous

offer, it shall give reason for doing so

Provided further that no more than one activity shall be chosen to

be held in the same site during the same time.

5.7 The money of the chosen offer shall be paid by not later than fifteen

days from the date when the tenderer has been informed that his offer had

been chosen. If payment is not done within the time indicated, the Council

shall call the tenderer who has been chosen second in the selection process.

1 The Authorised person shall ensure to obtain, whenever applicable,

the necessary permits from the national competent authorities.

6.2 If the Council is satisfied that the applicant did not obtain any

permit, authorisation, or license from the regulatory authority, which is not

due to any fault or negligence on the part of the applicant, the Council shall

refund to the applicant eighty per cent (80%) of the payment made by the

applicant to the Council.

1 In the case of a successful bid, the authorised person shall ensure to Insurance

make an insurance policy on the equipment against any damages against third against

to third parties

parties, as well as forward to the Council an equipment safety certificate and equipment

drawn up by a safety officer. If the insurance policy and safety certificate are safety

certificate.

not presented as indicated, the Council has the right to revoke the tender

immediately and call in the tenderer whose offer was listed second in the

selection process.

7.2 The authorised person shall be solely and uniquely responsible for

any type of damage that may be caused to third parties during the period of

tender.

1 If the authorised person for any reason, does not place the equipment, The

the tender is revoked and the Council has the right to give the offer to the authorisation

revoked if the

tenderer whose offer was listed second in the selection process, and the authorised

payment made by the first authorised person is not refunded.

person does not

place the

8.2 The authorisation given to the authorised person cannot be equipment, and

the authorisation

transferred to third parties.

is not

transferable to

third parties.

1 When granting the written authorisation, signed by the Mayor and Terms and

the Executive Secretary, the Council shall also indicate the terms and conditions

authorisation by

conditions under which authorisation is being granted. These shall include the Council.

the following

(a) the authorisation covers the period of the activity which at

no time shall be before the 1st of May and after the 30th September;

(b) for the purpose of the authorisation given, the person

responsible to ensure that the terms and conditions are adhered to, shall

be the authorised person;

(c) during the activity, if the music is to be played, this shall

be kept at low volume in a way as to not annoy residents, and such

music shall stop at 11.00pm;

(d)

any activity shall stop by 11.00pm.

9.2 The site indicated in the authorisation shall be kept clean at all

times and for this purpose the authorised person shall place an adequate

number of waste bins. The bins shall be emptied as necessary, and at the end

of the day the authorised person shall ensure that all remaining waste to be

taken away from the site.

9.3 The Authorisation shall be kept by the authorised person at all times

during the activity, and shall be produced if requested by a police officer or

local warden.

If any one of the terms and conditions is not adhere to, the Council Revocation of

has the right to revoke the authorisation without refunding the full, or part of the

if any term or

the payment done by the authorised person. In such case, the selection condition is not

process shall be as indicated in these Bye-Laws, without any preferential adhered to.

treatment given to any applicant.

At the end of the authorisation, or when an authorisation is revoked, Removal of

the furniture, furnishings, equipment and other objects which are on the site furniture,

furnishings,

shall be removed by the authorised person, and the site shall be left in its equipment and

original state. If during the time of authorisation weeds had grown, these other objects at

the end of the

shall be cut.

authorisation.

If the authorised person does not remove the equipment at the end Penalties.

of the authorisation, or when the authorisation is revoked in terms of these

Bye-Laws, he is guilty of a contravention and if found guilty shall be liable to

a fine (ammenda) of seventy euro (€70) and in the case of a continuous

contravention, a fine (ammenda) of fifteen euro (€15) for each day during

which the contravention continues.