USE OF FACILITIES (ISLA LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.142

USE OF FACILITIES

(ISLA LOCAL COUNCIL) BYE-LAWS

29th June, 2009

LOCAL COUNCIL BYE-LAW 04/1/2009, as amended by Legal Notice

426 of 2012.

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

Local Council) Bye-Laws.

Amended by

L.N. 426 of 2012.

(Bye-law 4.1)

Application for the Use of the Facilities

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

Official Rubber Stamp

Designation

USE OF FACILITIES

(ISLA LOCAL COUNCIL)

In these Bye-Laws unless the context otherwise requires

"the Act" means the Local Government Act;

"Admininstrator" means the person, club, association or society

awarded the tender by the Council to manage the facilities in terms

of bye-law 9.1;

"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.

(Bye-law 6.1)

Terms and Conditions for the Authorisation of the Use of the 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

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 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.

Without prejudice to any other permit that might be

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.

(Bye-law 8)

Fees for the Use of the 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

facilities after an application on the form established in Schedule A

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 fifteen

days from the date of application grant or refuse authorisation in

writing.

Applications should reach the Council not later than a

week and not earlier than a month from the date of the proposed

activity. 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 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 bye-law 4

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 form

e s t a b l i sh e d i n S c h e d u l e A a n d s u b j e c t t o t h o se c o n d i t i o n s

established in Schedule B, 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

transferable unless with the prior written permission by the Council

or the Administrator, as the case may be.

The applicant shall, when submitting an application, pay a

fee as stipulated in Schedule C

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 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 bye-law 9, 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

Adm inistrator dep end ing on circum stances may revoke the

authorisation and the fee paid shall be forfeited.

11.2 The Council shall demand a deposit of not more than two

hundred and thirty-three euro (€233) 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

bye-law 12.1, 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.

USE OF FACILITIES

(ISLA LOCAL COUNCIL)