Local Council) Bye-Laws, 2018

L.C.B.L. 2/13/2018

LOCAL COUNCILS ACT

(CAP. 363)

Use of Facilities (L-Imdina (Città Nobile)

Local Council) Bye-Laws, 2018

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

60 of the Local Councils Act, L-Imdina (Città Nobile) Local Council,

has made the following Bye-Laws:-

The title of these Bye-Laws is the Use of Facilities (L-

Imdina (Città Nobile) Local Council) Bye-Laws, 2018.

(Bye-Law 4)

Application for the Use of Facilities

Application No: ............................................................................

Name and Surname of Applicant: .................................................

Legally Valid Identification Document No/Passport No: .............

Name of Organisation (if applicable): ...........................................

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

Official Address: .........................................................................

Telephone No: ............................... Fax No: .................................

Facility applied for: ......................................................................

Days of Activity: From: .................... To: ....................................

Use of Council equipment: 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: ....................

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

"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 Imdina (Città Nobile) Local Council;

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

"facilities" means the Council Conference Hall within the Imdina

(Città Nobile) Local Council Administrative Offices, Bastion Square,

Misraħ il-Kunsill (Corte Capitanale), Howard Gardens (Tomba),

Casino Notabile and St. Paul Square which are under the responsibility

of the Council;

"locality" means the Imdina (Città Nobile) locality.

(Bye-Law 7.1.2 and 9.2)

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 the First Schedule 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 item 2, 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 necessary permits or licences.

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 ,by 8.30pm for the use of Bastion Square and by

11.00pm for the use of Misraħ il-Kunsill (Corte Capitanale),

Howard Gardens (Tomba), Casino Notabile and St. Paul Square.

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 facilities.

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

€100 for each activity

Council Conference

Hall

2. Payment for the use of

not more than €400 for each activity

Bastion Square

3. Payment for the use of

not more than €400for each activity

Misraħ il-Kunsill (Corte

Capitanale)

4. Payment for the use of

not more than €815 for each activity

Howard

Gardens

(Tomba)

5. Payment for the use of

not more than €500 for each activity

Casino Notabile

6. Payment for the use of

not more than €4000 for each activity

St. Paul Square

€0.63

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

facilities after an application in writing by the applicant, on the form the

facilities.

established in the First Schedule 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 Time limits for

week and not earlier than a month from the date of the proposed applications.

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 Priority of

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

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 Nature of

if the nature of the activity is not related to education, recreation, activity.

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 Authorisation.

established in the First Schedule and subject to those terms and

conditions established in the Second Schedule, 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 Authorisation

transferable unless with the prior written permission by the Council or not transferable.

the Administrator, as the case may be.

The applicant shall, when submitting an application, pay a Fees for the use

of facilities.

fee as stipulated in the Third Schedule

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 the Second Schedule 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 the provisions of Bye-Law 9 if an

facilities, breach

authorised person improperly uses 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 and eighty-eight cents

(€69.88) for such contravention.

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

Bye-Law 12.1, 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.