USE OF FACILITIES (BIRŻEBBUĠA LOCAL COUNCIL) BYE-LAWS

(BIRŻEBBUĠA LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.184

USE OF FACILITIES

(BIRŻEBBUĠA LOCAL COUNCIL) BYE-LAWS

5th October, 2017

LOCAL COUNCIL BYE-LAW 15/5/2017.

The title of the Bye-Laws is the Use of Facilities

(Birżebbuġa Local Council) Bye-Laws.

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:-

"the Act" means the Local Government Act;

"Administrator" 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 Birżebbuġa Local Council;

"equipment" means anything put or fixed within the facilities;

"facilities" means the Council Conference Hall and Meeting

Room within the Birżebbuġa Local Council Administrative Offices,

and ancillary equipment in the facilities;

"locality" means the Birżebbuġa locality.

(Bye-Law 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: __________________________

(BIRŻEBBUĠA LOCAL COUNCIL)

F’dawn il-Bye-Laws kemm-il darba r-rabta tal-kliem ma

teħtieġx xorta oħra:-

"l-Amministratur" tfisser il-persuna, każin, għaqda jew

soċjetà li tirbaħ offerta mill-Kunsill biex tamministra l-faċilitajiet

skont kif provdut fl-ordinament 9.1;

"applikant" tfisser kull persuna, kemm jekk individwu, każin

jew għaqda li tapplika biex tagħmel użu mill-faċilitajiet;

"l-Att" tfisser l-Att dwar Gvern Lokali;

"faċilitajiet" tfisser is-sala u l-kamra tal-laqgħat tal-Kunsill li

jinsabu fl-Uffiċini Amministrattivi tal-Kunsill ta Birżebbuġa, u t-

tagħmir fil-faċilitajiet imsemmija;

"il-Kunsill" tfisser il-Kunsill Lokali Birżebbuġa;

"persuna awtorizzata" tfisser il-persuna, każin, assoċjazzjoni

jew soċjetà li tkun ġiet mogħtija awtorizzazzjoni mill-Kunsill jew

mill-Amministratur skont id-dispożizzjonijiet ta’ dawn il-Bye-Laws

sabiex tuża l-faċilitajiet;

"tagħmir" tfisser kull ħaġa li hemm imqiegħda jew imwaħħla

ġewwa l-faċilitajiet.

(Bye-Law 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 11.00pm for the use of Council

Facilities

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.

(BIRŻEBBUĠA LOCAL COUNCIL)

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 for a particular activity without the prior

written authorisation of the Council.

(Bye-Law 8)

Fees for the Use of Facilities

1. Payment for the use of Council Hall: €75 for each activity

2. Payment for the use of Board Room: €50 for each activity

3. Payment for the use of equipment

(i)

PA System: €25 for each activity

(ii) Multimedia Projector: €25 for each activity

The Council shall grant authorisation for the use of the

facilities after and application on the form established in Schedule A

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 grant or refuse

(BIRŻEBBUĠA LOCAL COUNCIL)

authorisation in writing in not less than five days before the activity is

to be held

Applications should reach the Council not later than a

week 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

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

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 to these Bye-Laws

Provided that the Council may give a special concession

renouncing to or reduce 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.

(BIRŻEBBUĠA LOCAL COUNCIL)

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 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

two hundred euro (€200 ) 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, 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.

(BIRŻEBBUĠA LOCAL COUNCIL)