Activities in Sand Pitch in Pretty Bay

L.C.B.L 15/07/2017

LOCAL COUNCILS ACT

(CAP. 363)

Activities in Sand Pitch in 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 Activities in Sand Pitch Citation.

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

(Bye-Law 4.1)

Application for Activities in Pitch

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 number: __________ Mobile Number: ________________

Facility applied for: ________________________________________

Days of Activity: From: _______________ To: __________________

Duration (Time): From: ________________ To: _________________

Approx. expected attendance: ________________________________

Entrance Fee (if applicable): _________________________________

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: ____________________

In these Bye-Laws unless the context otherwise requires

Interpretation.

"the Act" means the Local Councils Act;

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

association or society, who applies to use the pitch;

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

society, who has been granted authorisation by the Council in terms

of these Bye-Laws for the use of the pitch;

"the Council" means the Birżebbuġa Local Council;

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

"pitch" means sport sand pitch situated in Pretty Bay, and

ancillary equipment in the pitch;

"locality" means the Birżebbuġa locality.

(Bye-Law 6.1)

Terms and Conditions for the Authorisation of Activities in Pitch

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.

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 pitch.

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

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

written authorisation of the Council.

(Bye Law 8)

Cultural Activities

€10 for each activity

Private and Commercial Activities

€25 for each activity

€0.54

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

pitch after an application on the form established in Schedule A to activity in pitch.

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 of refuse

authorisation in writing in not less than one day before the activity is

held.

Applications should reach the Council not later than two

days 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.

1.1No 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.

7.1.2Authorisation 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.

7.1.3This 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.

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.

The person to whom the authorisation is granted shall be

held responsible for all damages made to the pitch or the equipment

or any other damages that third parties may suffer within the pitch

during the period of authorisation.

1. Without prejudice to bye-law 9, if an authorised person

makes bad use of the pitch or does not observe the terms and

conditions stated in the authorisation, the Council may revoke the

authorisation and the fee paid shall be forfeited.

10.2. The Council shall demand a deposit of not more than two

hundred euro (€200) from the person making use of the pitch. This

deposit shall be required in order to cater from any damages which

may be caused.

10.3. When the authorisation about the pitch 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 conditions 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.

11.2 The Council may, in addition to the penalties established

in bye-law 11.1 above, order the person found guilty of a

contravention to affect the repairs that will be necessary in the

Council’s opinion. Such person ay 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.

11.3. The Council shall have the right to effect the necessary

repairs at the expense of the person found guilty.