Bye-Laws, 2011

L.C.B.L. 18/10/2011

LOCAL COUNCILS ACT

(CAP. 363)

Use of Facilities (Floriana Local Council)

Bye-Laws, 2011

IN exercise of the powers conferred by articles 34, 35 (8)

and 60 of the Local Councils Act, the Floriana Local Council has

made the following Bye-Laws :-

The title of the Bye-Laws is the Use of Facilities

(Floriana Local Council) Bye-Laws, 2011.

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

their publication in the Gazette.

(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: ____________________

Use of Council equipment: PA System

Yes: ____

No: _____

Projector & Screen

Yes: ____

No: _____

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: ____________________

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In these Bye-Laws, unless the context otherwise

requires:-

“the Act” means the Local Councils Act;

“Admininstrator” means the person, club, association

or society awarded the tender by the Council to manage the

facilities in terms of bye-law 9.1 of these Bye-Laws;

“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 Floriana Local Council;

“equipment” means anything put or fixed within the

facilities;

“facilities” means the Council Conference Hall

and Lecture Room within the Floriana Local Council

Administrative Offices and King George V Recreational

Grounds, Floriana, and the tennis court and the 5-a-side

football pitch both found in the same Recreational Grounds,

which are under the responsibility of the Council;

“locality” means the Floriana locality.

(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 10.30pm for the use of Council Conference Hall and Lecture Room and by

11.00pm for the use of King George V Recreational Grounds, the tennis court and the 5-a-side football

pitch.

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.

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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 authorisation

of the Council.

(Bye-law 8)

Fees for the Use of Facilities

1. Payment for the use of Council Conference Hall

60 for each activity

2. Payment for the use of Lecture Room

30 for each activity

3. Payment for the use of equipment

i) PA System

25 for each activity

ii) Projector and screen

25 for each activity

4. Payment for the use of King Goerge V, Floriana

not more than
815

for each activity

5. Payment for the use of 5-a-side football pitch

25 per hour

6. Payment for the use of tennis court

5 per 90 minutes

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€0.72

The Council shall grant authorisation for the use of the

facilities after and application on the form established in Schedule

A 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 by not later

than a week and not earlier than a month 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 of these Bye-Laws if the nature of the activity is not related

to sports, education, recreation, religion, culture or philanthropy or

if such 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 terms and

conditions established in Schedule B to these Bye-Laws, and shall

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 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 held responsible for all damages made to the facilities or the

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 authorised person makes bad use of the facilities or does not

observe the terms and conditions stated in the authorisation, the

Council or the 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

two hundred and thirty three euro (€233) 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-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 12.1 above, order the person found guilty

of a contravention to affect the repairs that will be necessary in the

Council’s opinion. Such person may also be condemned to pay a

fine (ammenda) of eleven euro and 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.

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