USE OF FACILITIES (|ABBAR LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.19

USE OF FACILITIES

(|ABBAR LOCAL COUNCIL) BYE-LAWS

3rd October, 1998

LOCAL COUNCIL BYE-LAW 8/4/98, as amended by Legal Notices 425 of

2007 and 426 of 2012.

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

Local Council) Bye-Laws.

Amended by

L.N. 426 of 2012.

(Bye-law 4.1)

Application for the use of facilities

(Conference Hall, the Greek Theatre and the Synthetic Football Pitch)

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: ...........................................

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act;

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

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

terms of bye-law 8.1;

"applicant" means any 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 authorization 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 |abbar Local Council;

"equipment" means anything placed or fixed within the facilities,

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

structures;

"facilities" means the Greek Theatre, the Council Conference Hall

and the Synthetic Football Pitch, which are under the responsibility of

the Council;

"Government" means central Government;

"locality" means the |abbar locality which lies within the boundaries

as stipulated in the Second Schedule to the Act.

(Bye-law 6.1)

Terms and Conditions for the authorisation of the use of the facilities

(Council Conference Hall, Greek Theatre and the Synthetic Football Pitch)

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 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, 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 11.00 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.

1 Without prejudice to any other permit required by any other

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

prior authorization of the Council.

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

are intended.

Substituted by

L.N. 425 of 2007.

(Bye-law 7)

Fees for the use of Facilities

1. Payment for the use of the Synthetic Pitch

€23.29 per hour

2. Payment for the use of the Greek Theatre

Bingo Games: applicants residing at |abbar

- €11.65

applicants not residing at |abbar

- €34.94

Cultural Activities

- €34.94 each activity

Commercial Activities

- €116.47 each activity

3. Payment for the use of the Council Conference Hall

Educational Conferences

- €23.29 each activity

Other Activities

- €69.88 each activity

4. Putting up of Stalls or Tables for Commercial Purposes in any of the

Facilities

For every Stall

- €16.31

For every Table

- €16.31

5. Activities for a Philantropic Purpose

A nominal fee of €2.33 in respect of any activity held for a philantropic

purpose.

1 The Council shall issue an authorization for the use of any of

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

the form prescribed in the First Schedule

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

an authorization 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 authorization 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.

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 the 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 bye-law 4.1 shall be

accepted if the nature of the activity is not of a sporting, educational,

recreational, religious, cultural or philanthropic 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 the First Schedule and subject to the

terms and conditions stipulated in the Second Schedule,

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

this 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 facilities.

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

wafting 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 the Third Schedule according to the nature of the

activity

Provided that the Council may grant a special concession in the

case of activities with a philanthropic purpose at a nominal fee of two

euro and thirty-three cents (€2.33).

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 the Second Schedule 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 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 bye-law 9, if an

authorised person makes improper use of the facilities or breaches any

of the terms and conditions stipulated in the authorization, the Council

or the administrator as the case may be, may withdraw the authorisation

and no refund of 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 authorization 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 these 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.

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.