USE OF FACILITIES (SANTA LU~IJA LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.139

USE OF FACILITIES

(SANTA LU~IJA LOCAL COUNCIL) BYE-LAWS

30th September, 2008

LOCAL COUNCIL BYE-LAW 57/3/2008, as amended by Legal Notice

426 of 2012.

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

Lu`ija Local Council) Bye-Laws.

Amended by

L.N. 426 of 2012.

(Bye-law 4.1)

Application for the Use of the Facility

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 and designation

Official Rubber Stamp

USE OF FACILITIES

(SANTA LU~IJA LOCAL COUNCIL)

In these Bye-Laws unless the context otherwise requires

"the Act" means the Local Government Act;

"the Administrator" means the person, club, association or

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

terms of bye-law 8.1;

"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;

"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;

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

lawfully constituted to form a club, association or society;

"the Council" means the Santa Lu`ija 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 Lu`ija locality.

(Bye-law 6.1)

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 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 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

a c t i v i t y, a n d e n s u r e t h a t s u c h p l a c e r e m ai n s c l e a n u n t i l t h e e xp i r y o f t h e

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.

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.

(Bye-Law 7)

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

Up to 0.5 square metre

€ 25

From 0.5 square metre to 2.0 square metres

€ 175

Exceeding 2.0 square metres

(not less than € 350)

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

Provided that in the case of an advertisement the fee

payable to the Council shall be that as established in Schedule C

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-governmental

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. 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.

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

to b e 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 bye-law 4.1 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 and subject to the

terms and conditions stipulated in Schedule B,

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

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.

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

h o l d i t s a c t i v i t y, t h e C o u n c i l m a y w i t h d r a w t h e

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.

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 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 bye-law 9, 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

t h e a u t h o r i s a t i o n . I n a n y c a s e t o t h e c o n t r a r y, t h e p e r s o n

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 bye-law

10.1.

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 and

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

bye-law 11.1, 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.

USE OF FACILITIES

(SANTA LU~IJA LOCAL COUNCIL)