Use of Facilities (Birżebbuġa Local Council) Bye-Laws, 2017

L.C.B.L 15/05/2017

LOCAL COUNCILS ACT

(CAP. 363)

Use of Facilities (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 the Bye-Laws is the Use of Facilities

(Birżebbuġa Local Council) Bye-Laws, 2017.

1.2 These Bye-Laws shall come into force one month after Citation.

their publication in the Gazette.

In these Bye-Laws, unless the context otherwise requires:-

Definitions.

"the Act" means the Local Councils Act;

"Administrator" means the person, club, association or society

awarded the tender by the Council to manage the facilities in terms of

bye-law 9.1;

"applicant" means any person, whether an individual, club,

association or society, who applies to use the facilities;

"authorised person" means the person, club, association or

society, who has been granted authorisation by the Council or by the

Administrator in terms of these Bye-laws for the use of the facility;

"the Council" means the Birżebbuġa Local Council;

"equipment" means anything put or fixed within the facilities;

"facilities" means the Council Conference Hall and Meeting

Room within the Birżebbuġa Local Council Administrative Offices,

and ancillary equipment in the facilities;

"locality" means the Birżebbuġa locality.

(Bye-Law 4.1)

Application for the Use of Facilities

Application No: ________________________________________

Name and Surname of Applicant: __________________________

Identity Card No./Passport No: ____________________________

Position in Organisation (e.g. President, Secretary, etc.): ________

Name of Organisation (if applicable): _______________________

Official Address: _______________________________________

Telephone No: _______________________ Fax: _____________

Facility applied for: _____________________________________

Days of Activity: From:_______________ To: _______________

Duration (time): From: _______________ To: ________________

Approx. expected attendance: _____________________________

Entrance Fee (if applicable): ______________________________

Measures taken to indemnify the Council (attach documents): ___

(e.g. Insurance Policy, Bank Guarantee, etc.)

Date: ______________ Applicant’s Signature: _______________

FOR OFFICIAL USE

Fee Paid: ______________ Receipt No: _____________________

Date and Time when application is received: _________________

Accepted/Refused (delete as applicable) Date: ________________

Comments by Council (if applicable): ______________________

Signature: ____________________________

Official Rubber Stamp

Designation: __________________________

F’dawn il-Bye-Laws kemm-il darba r-rabta tal-kliem ma Interpretazzjoni.

teħtieġx xorta oħra:-

"l-Amministratur" tfisser il-persuna, każin, għaqda jew soċjetà

li tirbaħ offerta mill-Kunsill biex tamministra l-faċilitajiet skont kif

provdut fl-ordinament 9.1;

"applikant" tfisser kull persuna, kemm jekk individwu, każin

jew għaqda li tapplika biex tagħmel użu mill-faċilitajiet;

"l-Att" tfisser l-Att dwar Kunsilli Lokali;

"faċilitajiet" tfisser is-Sala u l-kamra tal-laqgħat tal-Kunsill li

jinsabu fl-Uffiċini Amministrattivi tal-Kunsill ta Birżebbuġa, u t-

tagħmir fil-faċilitajiet imsemmija;

"il-Kunsill" tfisser il-Kunsill Lokali Birżebbuġa;

"persuna awtorizzata" tfisser il-persuna, każin, assoċjazzjoni

jew soċjetà li tkun ġiet mogħtija awtorizzazzjoni mill-Kunsill jew

mill-Amministratur skont id-dispożizzjonijiet ta’ dawn il-Bye-Laws

sabiex tuża l-faċilitajiet;

"tagħmir" tfisser kull ħaġa li hemm mqiegħda jew imwaħħla

ġewwa l-faċilitajiet.

(Bye-Law 6.1)

Terms and Conditions for the Authorisation of the Use of Facilities

1. The authorisation is valid for the duration as indicated in the

application form prescribed in Schedule A and subject to any

further conditions stipulated by the Council on the

authorisation form.

2. The Council has the right to revoke the authorisation at any

time for any breach of any of these terms and conditions or

any provisions of the Bye-Laws or any other conditions as

laid down by the Council on the authorisation form. The

Council also has the right to revoke the authorisation if the

activity is deemed contrary to public decency or morals.

3. If the Council revokes the authorisation for any of the

reasons mentioned in paragraph 2 above, the authorised

person shall not be refunded the fee paid or any part thereof.

4. The authorisation is subject to any permit or licence

necessary under any other law. It is the responsibility of the

applicant to obtain such permit or licence.

5. The authorised person shall not carry out any activity which

is not indicated in the authorisation.

6. The authorised person shall keep the facility clean at all

times during the activity, and ensure that such place remains

clean until the expiry of the authorisation.

7. The authorised person shall ensure that at the end of the

authorisation the facility be restored to its original state.

8. The authorised person shall ensure that no inconvenience or

nuisance is caused to the public during the duration of the

authorisation.

9. Any noise shall cease by 11.00pm for the use of Council

Facilities

10. A copy of the authorisation shall be prominently displayed at

all times at the entrance to the facility for the information of

the public.

D

Without prejudice to any other permit that might be Use of

necessary from any authority or under any other law, no person shall Facilities.

make use of the facility for a particular activity without the prior

written authorisation of the Council.

(Bye-Law 8)

Fees for the Use of Facilities

1. Payment for the use of Council Hall

€75

for

each

activity

2. Payment for the use of Board Room

€50

for

each

activity

3. Payment for the use of equipment

(i) PA System

€25 for each activity

(ii)Multimedia Projector

€25 for each activity

€0.54

The Council shall grant authorisation for the use of the Application for

facilities after and application on the form established in Schedule A the

Facilities.

to these Bye-Laws is submitted

Provided that the Council shall have the right to refuse such

application in those circumstances and for any reason that the Council

may deem reasonable, and the Council shall grant or refuse

authorisation in writing in not less than five days before the activity is

to be held

Applications should reach the Council not later than a

week from the date of the proposed activity. The decision of the

Council shall be notified to the applicant in writing as soon as

possible.

When more than one application is filed requesting that an

activity be held at the same place and on the same day, the first

application received shall be given priority. If a number of

applications are received at the same time, the applicant residing at

the locality shall be given priority. If the applicants are all from the

same locality or if none of them are from the locality, the Council

shall cast lots in the presence of all applicants.

1.1 No application shall be accepted as provided in bye-law 4

if the nature of the activity is not related to sports, education,

recreation, religion, culture or philanthropy or if the activity is not

approved by the Council.

7.1.2 Authorisation shall be given to the applicant on the form

established in Schedule A and subject to those conditions established

in Schedule B to these Bye-Laws, and should include any comments

that the Council feels necessary. A copy of the authorisation shall be

kept by the Council or the Administrator depending on

circumstances.

7.1.3 This procedure shall also apply in the case of a refusal. In

such case the reason for such refusal shall be included.

7.2 An authorisation granted under these Bye-laws is not

transferable unless with the prior written permission by the Council

or the Administrator, as the case may be.

The applicant shall, when submitting an application, pay a

fee as stipulated in Schedule C to these Bye-Laws

Provided that the Council may give a special concession

renouncing to or reduce the fee for activities which have a

philanthropic purpose.

1 The Council may delegate the management of the facility

to third parties after issuing a public call for tenders.

9.2 The person who is awarded the tender shall abide by the

terms and conditions established in Schedule B to these Bye-Laws

and any other conditions which the Council may wish to impose.

9.3 Where an applicant feels aggrieved by a decision taken by

the Administrator, he may appeal from such decision to the Council,

and the Council’s decision shall be final.

The person to whom the authorisation is granted shall be Responsibility

held responsible for all damages made to the facilities or the for damages.

equipment or any other damages that third parties may suffer within

the facilities during the period of the authorisation.

1 Without prejudice to bye-law 9 of these Bye-Laws if an Improper use of

authorised person makes bad use of the facilities or does not observe facilities,

of the terms and

the terms and conditions stated in the authorisation, the Council or the conditions.

Administrator depending on circumstances may revoke the

authorisation and the fee paid shall be forfeited.

11.2 The Council shall demand a deposit of not more than €200

(two hundred euro) from the person making use of the facility. This

deposit shall be required in order to cater for any damages which may

be caused.

11.3 An inventory, to be registered and signed by the Executive

Secretary and by the applicant, shall be kept in the rented premises as

relating to every article held therein.

11.4 When the authorisation about a facility is granted to the

persons to whom the use is granted, the particulars of the person

responsible shall be indicated.

1 Any person who contravenes any provision of these Bye- Penalties.

Laws or fails to honour any condition in the authorisation granted by

virtue of these Bye-Laws shall, on conviction, be liable to a fine

(ammenda) of not more than sixty-nine euro eighty-eight cents

(€69.88) for such contravention.

12.2 The Council may, in addition to the penalties established in

bye-law, order the person found guilty of a contravention to affect the

repairs that will be necessary in the Council’s opinion. Such person

may also be condemned to pay a fine (ammenda) of eleven euro sixty-

five cents (€11.65) for every day during which the repairs are not

carried out.

12.3 The Council shall have the right to effect the necessary

repairs at the expense of the person found guilty.