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

L.C.B.L 32/03/2018

LOCAL COUNCILS ACT

(CAP. 363)

Use of Facilities (Ħal Lija 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 Lija Local Council has made the

following Bye-Laws

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

Local Council) Bye-Laws, 2018.

(Bye-law 4.1)

Application for the Use of the Facilities

Application No. ..........................................................................................

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

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

Position in Organisation

(e.g. President, Secretary, etc.) ...................................................................

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

Official address ..........................................................................................

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

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

Days of Activity from ....................................... to ....................................

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

" 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 facility;

"the Council" means the Ħal Lija Local Council;

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

"facilities" means the Belvedere Tower in Transfiguration

Avenue, the Mitħna in Triq San Liċinju corner with Triq Annibale

Preca, the Ċentru Rikreattiv in Transfiguration Avenue and the garden

near the Tal-Mirakli chapel, which are under the responsibility of the

Council;

"locality" means the Ħal Lija locality.

(Bye-law 6.1)

Terms and Conditions for the Authorisation

of the Use of the 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 11.00pm for the use of all facilities

unless a specific police permit has been acquired for such

purpose and presented to the Council.

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

1. 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 following a Council decision.

3.2. The Council may receive any fee that covers the expense of

opening, manning and closing the facilities during a visit.

(Bye-law 8)

Fees for the Use of the Facilities

Payment for the use of the Torri Belvedere

€200 - €500 per day

Payment for the use of the Mitħna

€100 - €300 per day

Payment for the use of the Ċentru Rikreattiv: €50 - €100 per day

Payment for the use of the garden near

Tal-Mirakli chapel

€50 - €100 per day

€0.63

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

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

facilities.

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 within fifteen days from

the date of application grant or refuse authorisation in writing.

Applications should reach the Council not later than a week Time limits for

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

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 No application shall be accepted as provided in bye-law 4 if Nature of

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

religion, culture or philanthropy or if the activity is not approved by

the Council.

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

established in Schedule A and subject to those conditions established

in Schedule B, and should 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.

7.3 This procedure shall also apply in the case of a refusal. In

such case the reason for such refusal shall be included.

7.4 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 using

of facility.

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

or those requested by local organisations.

1 The Council may delegate the management of the facility 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 conditions established in Schedule B 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 Improper use of facilities, breach of the terms and

conditions.

11.2 Without prejudice to bye-law 9, 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.

11.3 The Council shall demand a deposit of

-

one thousand euro (€1 000) for the use of the Torri;

-

two hundred euro (€200) for the use of the Mitħna;

-

two hundred euro (€200) for the use of the Ċentru

Rikreattiv; and

-

two hundred euro (€200) for the use of the garden

near the Tal-Mirakli chapel,

from the person making use of the facility.

11.4 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.

11.5 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 seventy euro (€70) 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 fifteen euro (€15)

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.