Bye-Laws, 2018

L.C.B.L 15/02/2018

LOCAL COUNCILS ACT

(CAP. 363)

Exclusive Zones for Barbecues (Birżebbuġa Local Council)

Bye-Laws, 2018

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 Exclusive Zones for

Barbecues (Birżebbuġa Local Council), 2018.

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

"Act" means the Local Councils Act;

"applicant" means a person applying for a permit in terms of

these Bye-Laws, be it an individual, company, club or association;

"application" means a request made by an applicant to the

Council in accordance with these Bye-Laws, in the form shown in the

First Schedule;

"barbecue" includes cooking or roasting of foodstuffs, which is

carried out by naked fire, using materials such as wood or coal, but

excluding the use of gas;

"gas barbeque" includes cooking or roasting of foodstuffs, which

is carried out using gas

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

that delegated the administration of issuing of permits as indicated in

bye-law 5.1

"the Council" means Birżebbuġa Local Council;

"exclusive zone for barbecues" means the area with a defined

boundary as shown in the Second Schedule to these Bye-Laws;

"locality" means the Birżebbuġa locality;

"residents" include both those persons who are permanently

resident in the locality as well as those who are temporary residents.

(Bye-law 4.2)

Application for Barbeque

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: _____________________

Site of Activity: _______________________________________________

Day of Activity: __________________________

Duration (time): From: _________________ To: ____________________

Number of attendees: __________________________________________

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: _____________

D

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

tkunx teħtieg xort’oħra

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

"applikant" tfisser kull persuna li tapplika għal permess skont

dawn il-Bye-laws u tinkludi individwu, kumpannija, każin u għaqda;

"applikazzjoni" tfisser talba li ssir minn applikant lill-Kunsill

skont dawn il-Bye-laws, fil-formola li tinsab murija fl-Ewwel Skeda;

"barbeque" tinkludi tisjir jew xiwi ta’ oġġetti tal-ikel, li jsir

b’kull mezz, inkluż nar dirett jew indirett jew sostnut bil-gass inkella

b’xi mezz ieħor; b’materjal bħall-faħam, u njam, iżda eskluż l-użu tal-

gass;

"barbeque bil-gass" tinkludi tisjir, jew xiwi ta’ oġġetti tal-ikel, li

jsir permezz ta’ nar bil-gass;

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

soċjetà li tiġi mogħtija id-delega li tamministra l-ħruġ tal-permessi

skont kif provdut fil-Bye-law 5.1;

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

"lokalità" tfisser il-lokalità ta’ Birżebbuġa;

"residenti" tinkludi kemm dawk il-persuni li huma residenti fil-

lokalità b’mod permanenti, kemm dawk li jkunu residenti b’mod

temporanju;

"Żona esklussiva għal barbeque" tfisser l-area b’konfini stabbiliti

kif indikat fit-Tieni Skeda.

(Bye-law 3.1)

€0.45

1 Barbeques and gas barbeques can only be made only in the

exclusive zones as established by the Council as shown on the Second

Schedule

Provided that the Council can determine the type of

barbeques that can be made in the exclusive zones by publishing a

notice

Provided further that at no point in time can these zones

include sandy beaches

Provided futher that the Council, or entities and

associations, in collaboration with the Council, can organise activities

that include barbeques and gas barbeques as described in Bye-law 2 in

the excluded zones.

3.2 The Council can erect signs to indicate the zones exclusive

for barbeques as deemed necessary.

1 Places in these zones shall be taken on the basis of the first- General

conditions.

come first-served principle.

4.2 The Council may, on an application made by any person,

done as per application form shown on the First Schedule, grant a

permit to do a barbeque in the exclusive zones for barbeques, subject

to a fee of three euro (€3) for a group of up to twenty (20) people, and

twenty euro (€20) for a group of twenty-one (21) people or more

Provided that the Council may give a special concession

renouncing to the fee for activities which have a philanthropic

purpose

Provided further that permits are subject to those conditions

that the Council may wish to impose.

4.3 No music is allowed to be played whatever the means used,

which can be heard at a distance of not more than ten metres.

4.4 The applicant shall be held responsible for the cleaning of

the site used.

4.5 Notwithstanding the provisions of these Bye-Laws, the

Council may revoke a permit granted in accordance with these Bye-

laws, at any time, if this would be necessary for public order

Provided that if the Council revokes a permit, the Council

shall provide the reason in writing to the applicant, who shall be

entitled to a refund of the fee paid in respect of the application for such

permit;

The Council can delegate to third parties the administration

of issuing of permits, so is to abide by the regulations stipulated in

these Bye-Laws and all those conditions that the Council can impose

Provided that the Administrator cannot administer the

issuing of such permits with fees or conditions different from those

imposed by the Council

1 Any person who is in breach of any of the provisions of

these Bye-Laws, or who fails to abide by any condition made by the

virtue of these Bye-Laws, shall be deemed to have committed a

contravention and shall, on conviction, be liable to a fine (ammenda)

of not more than seventy euro (€70) for such contravention.

6.2 In addition to the penalty stipulated in bye-law stipulated in

Bye-law 6.1, the Council may order the guilty person of a breach to

carry out the necessary repairs to the Council’s satisfaction.

6.3 The Council shall have the right to carry out the necessary

repairs at the expense of the guilty person.

The Exclusive Zones for Barbecues (Birżebbuġa Local

Council) Bye-Laws are hereby revoked.