BYE-LAWS, 2019

L.C.B.L 39/01/2019

LOCAL COUNCILS ACT

(CAP. 363)

USE OF FACILITIES (MOSTA LOCAL COUNCIL)

BYE-LAWS, 2019

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

60 of the Local Councils Act, the Mosta Local Council has made the

following Bye-Laws

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

Bye-Laws, 2019.

(Bye-Law 4.1.)

Application for the Use of Facilities

Application No: ______________________________________________________

Name and surname of Applicant: _________________________________________

Legally Valid Identification Doc. No/ Passport No: ___________________________

Position in Organisation (e.g. President, Secretary, Director or Authorised Official)

Name of Organisation (if applicable): _____________________________________

Official Address: _____________________________________________________

Telephone No: _________________________ Fax: __________________________

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:_______________ Designation:______________ Official Rubber Stamp

In these Bye-Laws unless the context otherwise requires

''the Act'' means the Local Councils Act;

''Administrator'' means the person, management committee,

club, association or society awarded the tender by the Council to

manage any of the facilities in terms of Bye-Law 8.1;

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

management committee, association or society, who applies to

use the facilities in accordance with these Bye-Laws;

''authorised person'' means the person, club, association or

society, who has been granted authorisation by the Council or by

the Administrator in terms of the provisions of these Bye-Laws

for the use of any of the facilities;

''club, association or society'' means any group of persons

lawfully constituted to form a club, association or society;

''the Council'' means the Mosta Local Council;

''equipment'' means anything placed or fixed within the

facilities, including platforms, chairs, audio equipment,

flowerpots, benches, litter-bins, and other ornamental structures;

''facilities'' means the Council Conference Hall, the

exhibition space within the Civic Centre and any other location

that the Council may include by a resolution to these Bye-Laws

and which are under the responsibility of the Council;

''Government'' means Central Government;

''locality'' means the Mosta locality which lies within the

boundaries as stipulated in the Second Schedule to the Act.

(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 the First Schedule and subject to any further 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 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, 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.

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.

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

entrance to the facility for the information to the public.

D

1. Without prejudice to any other permit required by any other Use of

authority or under any law, no person shall use of the facilities without equipment.

the prior written authorisation of the Council or of the administrator

appointed by the Council.

3.2. Equipment shall only be used for the purposes for which

they are intended.

(Bye-Law 7)

Fees for the Use of Facilities

1. Fee for the Use of the Council Conference Hall, and for the same use of Hall

for Exhibition space

Full Day (10 hours)

€100 each activity

Half Day (5 hours)

€50 each activity

Use by the hour (less then 5 hours)

€10 per hour each activity

Use of less then two hours

€20

2. Activities for a Philantrophic Purpose

and Department for Local Government

Free

€0.63

1. The Council or the administrator shall issue an Application for

authorisation for the use of any of the facilities after a written the

facilities.

application is submitted by an applicant on the form prescribed in the

First Schedule

Provided that the Council or the administrator shall have

the right to refuse to issue an authorisation in those circumstances and

for any reason which the Council or the administrator deems fit; so

however that the Council or the administrator shall within fifteen days

from the date of application issue the authorisation or a refusal in

writing, as the case may be.

4.2. Applications must be submitted to the Council or the

administrator by not later than one month and not earlier than two

months, before the date of the proposed activity. The decision of the

Council or the administrator shall be communicated to applicant as

early as possible

Provided that the Council may give a concession to vary

these time limits.

4.3. When more than one application is received for an activity

to be held in the same place and on the same date, the first application

received shall be given priority. If applications are received

simultaneously, the applicant who resides in the locality shall be given

preference. If all the applicants are from the locality, or if none of them

resides in the locality, the Council or the administrator shall draw by

lot in the presence of the applicants.

1. No application submittted in terms of Bye-Law 4.1 shall be Nature of

accepted if the nature of the activity is not of a sporting, educational, activity.

recreational, religious, cultural or philantrophic nature, or if such an

activity is not approved by the Council.

5.2. No application submitted by a political party for the

holding of an activity during a national electoral campaign or an

electoral campaign for the Mosta Local Council shall be approved.

5.3. The Council or the administrator shall have the right to

issue an authorisation for a specific period and for an activity during

which stalls, tables and chairs may be used for commercial purposes.

1.1 The authorisation shall be forwarded to the applicant on the

form prescribed in the First Schedule and subject to the terms and

conditions stipulated in the Second Schedule, including also any

comments which the Council or the administrator may deem

necessary. A copy of the authorisation shall be kept by the Council or

by the administrator as the case may be.

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

this case the reason for such refusal shall be included.

6.2. An authorisation issued under these Bye-Laws shall not be

transferable unless without the prior written consent of the Council or

the administrator, as the case may be.

6.3.1. The Council shall have priority for the use of the facilities.

6.3.2. Where an authorisation has already been issued under

these Bye-Laws for an activity to be held on the same date and at the

same place where the Council intends to hold its activity, the Council

may withdraw the authorisation already issued by informing the

applicant in writing at least fifteen days before the date of the said

activity. In such case, the Council shall refund the fees paid by

applicant and all other expenses incurred in connection with the

activity for subject to the production of receipts.

The applicant shall, on submission of the application, pay a

fee as stipulated in the Third Schedule according to the nature of the

activity

Provided that the Council may grant a special concession in

the case of activities with a philantrophic purpose at no fee

whatsoever.

1. The Council may delegate the management of any of the

facilities to third parties after issuing a public call for tenders.

8.2. 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 or the administrator may impose.

8.3. Where an applicant feels aggrieved by a decision taken by

the Administrator, for not having abided by the provisions of these

Bye-Laws, he may appeal from such decision to the Council, and the

Council’s decision shall be final.

The authorised person shall be held responsible for any Responsibility

damages caused to the facilities or to any of its equipment or for any for damages.

other damages sustained by third parties within the facilities during the

duration of the authorisation.

1. Without prejudice to Bye-Law 9, if an authorised person Improper use of

makes improper use of the facilities or breaches any of the terms and facilities;

of terms and

conditions stipulated in the authorisation, the Council or the conditions.

Administrator as the case may be, may withdraw the authorisation and

no refund of fees paid shall be reimbursed.

10.2. It is in the discretion of the Council or the administrator

whether or not to issue any future authorisation to the authorised

person whose authorisation is withdrawn as indicated in Bye-Law

10.1.

1. Every person who is in breach of any of the provisions of Penalties.

these Bye-Laws or fails to abide by any condition in the authorisation

given by virtue of these Bye-Laws shall, on conviction, be liable to a

fine (ammenda) not exceeding sixty nine euro and eighty cents

(€69.88) for such contravention.

11.2. The Council may, in addition to the penalties established in

Bye-Law 11.1. above, order the person found guilty of a breach to

carry out the necessary repairs to the satisfaction of the Council. A fine

(ammenda) of eleven euro and sixty five cents (€11.65) may also be

imposed for any day during which such repairs are not carried out.

11.3. The Council shall have the right to carry out the repairs at

the expense of the guilty person.