Legislator Case Law & Legislation
lcbl_17_2019_7 MT

Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

18 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (18)

Statutory Text (18 Articles)

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

L.C.B.L 17/07/2019

LOCAL GOVERNMENT ACT

(CAP. 363)

Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

IN EXERCISE of the powers conferred by article 34 of the Local

Government Act, the il-Fgura Local Council, has made the following

Bye-Laws:-

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

The title of these Bye-Laws is Use of Facilities (Il-Fgura

Local Council) Bye-Laws, 2019.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

(Bye-Law 4)

Application for the Use of Facilities

Application No.

Name

Surname

Identity Card / Passaport Number

Name of Organisation (if applicable)

Position in the Organisation (if applicable)

Address

Telephone number

Mobile number

E-mail address

Nature of activity

.

Days of activity

From ........../........../....................

To ........../........../....................

Duration (time)

From ............ : ........... AM/PM

To ............ : ............. AM/PM

Expected Attendance (approximately): ...........................................................

Entrance fee (if applicable)

€..........................................................

Paid deposit

€.........................................................

Date: .......................................

Signature: ...........................................

D

FOR OFFICIAL USE

Fee Paid: €..................................

Receipt Number: ...........................

Date: ........../........../....................

Time: ................ : ............ AM/PM

Comments by the Council (if applicable)

Signature: .....................................

Designation: ...........................................

Rubber Stamp of the Council

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

In these Bye-Laws, unless the context otherwise requires

"the Act" means the Local Government Act;

"administrator" means the person that shall manage the

facilities;

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

association, Ministry, Department, society and, or other

government entity including parastatal entities, which apply to

use the facilities;

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

Ministry, Department, society and, or other government entity

including parastatal entities that have been granted authorisation

by the Council in terms of these Bye-Laws for the use of this

facility;

"the Council" means the il-Fgura Local Council;

"equipment" means anything put or fixed within the

facilities;

"facilities" means the Council Conference Hall and the

Classes within the Fgura Local Council;

"locality" means the il-Fgura locality as shown in the

Second Schedule to the Act.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

(Bye-Law 4 and 11)

Terms and Conditions for Using the Facility

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

the application form prescribed in the First Schedule and

subject to any further conditions stipulated by the Council.

2. The Council shall have the right to revoke the application at

any time in the case of any breach of the stipulated

conditions and, or any other conditions stipulated by the

Council. Moreover, the Council shall reserve the right to

revoke such application if it deems that the activity is

contrary to public policy and morals.

3. In the case of a revocation of the application, no refund

shall be given back to the applicant.

4. In the case of any permits, the applicant shall be

responsible for obtaining such permits. In the case where

the permits are denied, the Council may reserve the right to

keep the deposit.

5. No activity shall be carried out beyond that which was

stated in the First Schedule.

6. The applicant shall leave the Facility clean and in its

original order, otherwise the Council shall reserve the right

to keep the deposit. In addition the Council, shall reserve

the right to demand further payment for any damages that

may have been caused by the applicant or from any other

third party during the activity.

7. The applicant shall be responsible of the Facility at all

times during the activity.

8. The applicant shall ensure that no inconvenience or

nuisance is caused to the public during the activity.

9. During the duration of the activity, the applicant shall leave

a copy of the application at the entrance of the facility for

the information of the public.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

Without prejudice to any other permit that might be

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

make use of the facility without the prior written authorization of the

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

(Bye-Law 12, 13 and 14)

Fees for Renting the Facility

1. Renting of facility shall be three-hundred euro (€300) per

day.

2. Renting the facility for educational purposes shall be one-

hundred and fifty euro (€150) per day.

3. The applicant shall pay a deposit of one-hundred and fifty

euro (€150). This amount shall be paid over and above the

renting rate of the facility. The deposit shall be paid back to

the applicant once the Local Council verifies that the

Facility has been left in its original form as per item 6 of the

Second Schedule.

4. The organisations stipulated in the locality shall have the

Facility free of charge, but they shall still pay the deposit

stipulated in item 3.

5. It is important to point out that during the activity there

shall not be used any balloons and konfetti as per circular

AKL 2018/072.

€0.63

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

(1) The Council shall grant authorization for the use of Application for

the facilities after an application on the form established in the First the

facilities.

Schedule is submitted. The Council shall have the right to refuse such

application in those circumstances and for any reason that the Council

feels reasonable

Provided that the Council shall, within seven (7) days from

when the application has been submitted, send in writing the

acceptance or refusal for such application.

(2) Once the application is approved, the applicant shall abide

by the terms and conditions enlisted in the Second Schedule.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

The applications shall be submitted to the Council by not Time limits for

applications.

later than one (1) month prior to the proposed activity.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

When more than one (1) application is filed requesting that Priority of

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

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 are from the locality, then the Council shall cast lots for one

(1) application, among the submitted applications, in the presence of

all the applicants.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

The Council reserves the right to decline any application Nature of

submitted in terms of Bye-Law 4 if the nature of the activity is not activity.

related, but not limited to: education, recreation, cultural, religion,

conferences, philanthropy, political and any other activity that the

Council does not approve.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

The authorization shall not be transferable, unless and until Authorisation is

the Council is informed by a written note and the Council grants its not transferable.

permission.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

Any excessive noise shall cease by eleven at night (11:00

excessive noise.

p.m.).

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

The Council shall be granted preference for the use of the Priority of the

facilities as long as it declares beforehand the activities in the calendar Local Council.

of each year.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

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 to any other damages that third parties may suffer within

the facilities during such activity

Provided that, when the person whom authorisation has

been granted to makes an improper use of the said facilities and, or

does not observe the terms and conditions stated in the Second

Schedule, the Local Council shall revoke such authorisation

immediately and the money paid shall be forfeited in favour of the

Council.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

Every person who makes use of the facilities shall pay the

deposit as stipulated in the Third Schedule. This deposit shall also be

paid by all the organisations of the locality.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

Organisations within the locality, such as, but not limited

to: the Fgura Band Club, Scout and Fgura Football Club shall have the

facilities free of charge

Provided that the deposit stipulated in the Third Schedule

shall be paid with the application.

Malta Government Gazette — Local Council Bye-Laws 17 2019 7 · Gazzetta tal-Gvern ta’ Malta Nru. 20,254– 27.08.2019 — Use of Facilities (Il-Fgura Local Council) Bye-Laws, 2019

It is to be noted that any Political Party that wishes to use

the facilities shall not be considered as an organization within the

locality and therefore the rates stipulated in the Third Schedule shall

apply.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →