Use of Facilities (Tarxien Local Council) Bye-Laws, 2004

L.C.B.L. 62#6#2004

LOCAL COUNCILS ACT

(CAP. 363)

Use of Facilities (Tarxien Local Council) Bye-Laws, 2004

IN exercise of the powers conferred by articles 34 and 60 of the

Local Councils Act, and in conformity with the provisions of article 35

(8) of this Act, the Tarxien Local Council has made the following Bye-

Laws>-

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

Council), Bye-Laws, 2004.

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 Facilities

(Synthetic Football Pitch, Dressing Rooms and Playing Field)

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. _______________________

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

D

(Article 6.1)

“Act” means the Local Councils Act<

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

awarded the tender by the Council to manage any of the facilities

in terms of subarticle 8.1 of these Bye-Laws<

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

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 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<

“Council” means the Tarxien Local Council<

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

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

structures, synthetic turf, fence, flood lights, other facilities in the

dressing rooms, and playing equipment<

“facilities” means the synthetic Football Pitch, dressing rooms

and playing field which are under the responsibility of the Council<

“Government” means the central Government<

“locality” means the Tarxien locality.

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

(Synthetic Football Pitch, Dressing Rooms and Playing Field)

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 11.00pm.

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 Use of facilities.

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

prior authorisation of the Council.

3.2 Equipment shall only be used for the purposes for which Use of equipment.

they are intended.

Fees for the Use of Facilities

1. Payment for the use of Synthetic Football Pitch, Dressing Rooms>

Not more than Lm15 per hour

2. Putting Up of Stalls or Tables for Commercial Purposes within the Playing

Field Boundaries>

For every Stall

Lm10

For every Table

Lm10

3. Activities for a Philanthropic Purpose>

No fee will be charged in respect of any activity held for a philanthropic purpose.

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

use of facilities.

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

the form prescribed in Schedule A to these Bye-Laws>

Provided 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 Applications must be submitted by not later than one month

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

The 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.

4.3 Where 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 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.

1 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, religious, cultural or philantropic

nature, or if such an activity is not approved by the Council.

5.2 The Council shall have the right to issue an authorisation for

a specific period and for any activity during which stalls, tables and

chairs may be used for commercial purposes.

1 (a) The authorisation shall be forwarded to applicant on

the form prescribed in Schedule A 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.

(b) 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

transferable without the prior written consent of the Council or the

Administrator, as the case may be.

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

6.3.1

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 according to the

nature of the activity>

Provided that the Council may grant a special concession in the

case of activities with a philantropic purpose without any fee charged.

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 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 Responsibility for

damages.

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

other damages sustained by third parties within the facilities during the

duration of the authorisation.

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

facilities, breach

Laws, if an authorised person makes improper use of the facilities or of the terms and

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

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

authorisation and no 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 subarticle 10.1 above.

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

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 thirty liri (Lm30) for such

contravention.

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 five liri (Lm5) 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)