Use of Facilities (Santa Luçija Local Council) Bye-Laws,

L.C.B.L. 57#3#2008

LOCAL COUNCILS ACT

(CAP. 363)

Use of Facilities (Santa Luçija Local Council) Bye-Laws,

IN exercise of the powers conferred by articles 34, 35(8) and 60 of

the Local Councils Act, the Santa Luçija Local Council has made the

following Bye-Laws>-

1 The title of these Bye-Laws is the Use of Facilities (Santa Citation and

commencement.

Luçija Local Council), Bye-Laws, 2008.

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

publication in the Gazette.

In these Bye-Laws unless the context otherwise requires>–

Application for the Use of the Facility

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 No. _______________________

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 and Designation

Official Rubber Stamp

D

(Article 6.1)

Interpretation.

“the Act” means the Local Councils Act<

“the Administrator” means the person, club, association or

society awarded the tender by the Council to manage the facility in

terms of subarticle 8.1 of these Bye-Laws<

“advertisement” includes a notice<

“applicant” means the person, whether an individual, club,

association or society, who applies to use the facility in accordance

with these Bye-Laws<

“authorized 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<

“club”, “association” or “society” means any group of persons

lawfully constituted to form a club, association or society<

“the Council” means the Santa Luçija Local Council<

“equipment”, means anything put or fixed within the facility,

including flower-pots, benches, litter bins, floodlights and other

structure which may be included by the Council from time to time<

“the facility” means the 5-a-side Football Pitch situated in Triq

Inez Soler and which is under the responsibility of the Council<

“Government” means the central government<

“the locality” means the Santa Luçija locality.

Terms and Conditions for the Authorisation of the Use of the Facility

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 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 11.00 p.m.

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.

(Article 7)

1 Without prejudice to any other permit required by any other

authority or under any law, no person shall use the facility or display,

place or fix any advertisement on the wall or equipment in the facility

without the prior authorisation of the Council.

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

are intended.

Application for the

Fees for the Use of the Facility

Not more than € 24 per hour

Fees due for Advertisements in the Facility

Sizes

Fee due per Annum

€ 25

Up to 0.5 square metre

€ 175

From 0.5 square metre to 2.0 square metres

(not less than € 350)

Exceeding 2.0 square metres

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

€0.75

1 The Council shall issue an authorisation for the use of the

facility after a written application is submitted by an applicant on the

form prescribed in Schedule A to these Bye-Laws>

Provided that in the case of an advertisement the fee payable to the

Council shall be that as established in Schedule C to these Bye-Laws>

Provided further that the Council shall have the right to refuse to

issue an authorisation in those circumstances and for any reason which

the Council deems fit< sohowever that the Council shall, within fifteen

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

writing, as the case may be.

4.2 The Council may grant authorisation to voluntary

organisations that operate from the locality or non-govermental

organisations listed in the Eighth Schedule to the Act, after the Council

receives a written request so as to use the facility or advertise activities or

public notices without payment.

4.3 Applications must be submitted by not later than one month

and not earlier than two months before the date of the proposed activity.

Council’s decision shall be communicated to applicant as early as

possible>

Provided that the Council may give a concession to vary these time-

limits.

4.4 Where more than one application is received for an activity to

be held on the same date and at the same time, 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

applicants are from the locality, or if none of them resides in the locality,

the Council shall draw by lot in the presence of the applicants.

No application submitted in terms of subarticle 4.1 of these Nature of activity.

Bye-Laws shall be accepted if the nature of the activity is not of a sporting,

educational, recreational or if such an activity is not approved by the

Council.

1.1 The authorisation shall be forwarded to the applicant on

the form prescribed in Schedule A to these Bye-Laws and subject to the

terms and conditions stipulated in Schedule B to the Bye-Laws, including

also any comments which the Council 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

such case, the reason for such a refusal shall be included.

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

transferable.

transferable 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 facility.

Priority by

Council for use of

facility.

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 applicant in

writing at least fifteen days before the date of the said activity. In such a

case, the Council shall refund the fees paid by applicant, and all other

expenses incurred in connection with the activity applied for subject to

the production of receipts.

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

fee as stipulated in Schedule C to these Bye-Laws>

1 The Council may delegate the management of the facility 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 Schedule B to these Bye-Laws and any

other conditions which the Council may wish to impose.

8.3 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 authorised person shall be held responsible for any damages

caused to the facility or to any of its equipment or for any other damages

sustained by third parties within the facility during the duration of the

authorisation.

1 Without prejudice to the provisions of article 9 to these Bye-

Laws, if an authorised person makes improper use of the facility or

breaches any of the terms and conditions stipulated in the authorisation,

the Council or the Administrator, as the case may be, may withdraw the

authorisation and no fees paid shall be reimbursed.

10.2 Any advertisement for which an authorisation has been

issued shall be removed within one week from the expiry date of the

authorisation. In any case to the contrary, the person responsible for

removing such advert shall be guilty of a contravention.

10.3 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 subarticle 10.1 above.

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

these Bye-Laws, or who fails to abide by any condition of the authorisation

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

(ammenda) not exceeding sixty-nine euro eighty-eight cents (€69.88)

for such contravention and to a further fine (ammenda) of eleven euro

sixty-five cents (€11.65) for everyday during which one of the provisions

of these Bye-Laws or any condition of the authorisation is breached.

11.2 The Council may, in addition to the penalties stipulated in

subarticle 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 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.

(Article 4.1)