Use of facilities (Isla Local Council) Bye-Laws, 2009

L.C.B.L. 04 /1/ 2009

LOCAL COUNCILS ACT

(CAP. 363 )

Use of facilities (Isla Local Council) Bye-Laws, 2009

IN exercise of the powers conferred by articles 33, 34, 35(8)

and 60 of the Local Councils Act, the Isla Local Council has made

the following Bye-Laws:-

1 The title of these Bye-Laws is Use of Facilities (Isla

Local Council), Bye-Laws, 2009.

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

their publication in the Gazette.

(Article 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: ____________________

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 subarticle 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 Isla Local Council;

“equipment” means anything put or fixed within the

facilities;

“facilities” means the Council Conference Hall within the

Isla Local Council Administrative Offices and Gardjola Garden

in Bastion Street, Isla, which are under the responsibility of the

Council;

“locality” means the Isla locality.

(Article 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 Hall and by 11.00pm for

the use of Gardjola Gardens.

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 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.

(Article 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 Gardjola Gardens in Bastion

Street, Isla

not more than

€815 for each activity

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

facilities after an application on the form established in Schedule A use of facilities.

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

within 15 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. applications.

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 Prority of application.

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 Nature of activity.

subarticle 4 of these Bye-Laws if the nature of the activity is

not related to sports, education, recreation, religion, culture or

philanthropy or if the activity is not approved by the Council.

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

form established in Schedule A and subject to those conditions

established in Schedule B to these Bye-Laws, 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.

7.1.3 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 transferable.

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 article 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

€233 (two hundred and thirty three euro) 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 subarticle 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 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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