Use of Facilities (Ħal Kirkop Local Council) Bye-Laws, 2018

L.C.B.L 31/18/2018

LOCAL COUNCILS ACT

(CAP. 363)

Use of Facilities (Ħal Kirkop Local Council) Bye-Laws, 2018

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

60 of the Local Councils Act, the Ħal Kirkop Local Council has made

the following bye-laws

The title of these bye-laws is the Use of Facilities (Ħal

Kirkop Local Council) Bye-Laws, 2018.

(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 these 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, or if the Council at its sole

discretion deems that the activity being held is otherwise

inappropriate.

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 facilities subject to this authorisation are

restored to their original state, and shall be responsible for all

damages arising to the facilities and, or equipment situated

within the facilities during the period of the authorisation.

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 both facilities.

10. A copy of the authorisation shall be prominently displayed at all

D

times at the entrance to the facility for the information to the

public.

In these bye-laws unless the context otherwise requires

''the 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 facilities;

''the Council'' means the Ħal Kirkop Local Council;

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

''facilities'' means the Council Hall and ‘Ċentru Soċjali’, which

are under the responsibility of the Council;

''locality'' means the Ħal Kirkop Locality.

(Bye-Law 8)

Fees for the Use of Facilities

Payment for the use of Council Hall

€100 for each activity

Payment for use of Ċentru Soċjali

€100 for each activity

Payment for the use of equipment

(i)

PA system

€25 for each activity

(i)

Projector & screen

€25 for each activity

€0.63

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 facilities without the prior written authorisation of the

Council.

The Council shall grant authorisation for the use of the

facilities after an application on the form established in Schedule A is

submitted

Provided that the Council shall have the right to refuse such

application at its discretion in those circumstances and for any reason

that the Council may deem reasonable, and the Council shall grant or

refuse authorisation in writing is not less than five (5) days before the

activity is 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 application.

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 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 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 Nature of

4of these bye-laws if the nature of the activity is not related to sports, activity.

education, recreation, culture or philanthropy or if such activity is not

approved by the Council. No funerals, religious activities and political

activities are allowed in these premises.

7.1.2. Authorisation shall be given to the applicant on the form Authorisation.

established in Schedule A and subject to those terms and conditions

established in Schedule B, and shall include any comments and, or

additional conditions 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 not

transferable unless with the prior written permission by the Council or 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 Schedule C

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 facilities Delegation of

Management.

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

terms and conditions established in Schedule B and any other conditions.

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 any and all damages made to the facilities or the

equipment situated within the facilities or for any other damages that

third parties may suffer during the period of the authorisation whether

within the facilities or elsewhere by reason of the authorised person’s

use of the facilities.

1. Without prejudice to bye-law 9 if the Council shall deem

that an authorised person has made or is making inappropriate use of

the facilities or if the authorised person has or is not observing the

terms and conditions stated in the authorisation, the Council or the

Administrator depending on circumstances may at its sole discretion

revoke the authorisation and the fee shall be forfeited.

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

hundred and fifty euro (€250) from the authorised person. This deposit

shall be required in order to cater for any damages or loss which may

be caused to the facilities and, or equipment situated within

11.3. An inventory, to be registered and signed by the Executive

Secretary and by the authorised person, shall be kept in the facilities as

relating to every article held therein.

11.4. When the authorisation about any of the facilities is

granted to the persons to whom the use is granted, the particulars of the

person responsible shall be indicated.

11.5. The Council or administrator are note responsible for any

equipment belonging to the authorised person or third parties

whatsoever which is left in the facilities.

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 seventy euro (€70) 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 the 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

fifteen euro (€15) for every day during which the repairs are not

carried out.

12.3. The Council shall have the right to affect the necessary

repairs at the expense of the person found guilty.

SCHEDULE A – Application for the Use of Facilities

(Bye-Law 4.1)

Application No: ______________________________________________________

Name and Surname of Applicant: ________________________________________

Legally Valid Identification Document Number/ Passport Number: _____________

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):_____________________________________________

Measure 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: ______________________ Designation: __________________________

Official Rubber Stamp: ________________________________________________