USE OF FACILITIES (L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL) BYE-LAWS

(L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.204

USE OF FACILITIES (L-IMDINA (CITTÀ NOBILE)

LOCAL COUNCIL) BYE-LAWS

1st June, 2018

LOCAL COUNCIL BYE LAW 2/13/2018

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

Imdina (Città Nobile) Local Council) Bye-Laws.

(Bye-Law 4)

Application for the Use of Facilities

Application No: ...........................................................................

Name and Surname of Applicant: ................................................

Legally Valid Identification Document No/Passport No: .............

Name of Organisation (if applicable): ..........................................

Position in Organisation (e.g. President, Secretary, etc.): ............

Official Address: .........................................................................

Telephone No: .............................. Fax No: .................................

Facility applied for: ......................................................................

Days of Activity: From: .................... To: ....................................

Use of Council equipment: Yes: ......... No:.................

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

(L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL)

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 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 Imdina (Città Nobile) Local Council;

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

"facilities" means the Council Conference Hall within the

Imdina (Città Nobile) Local Council Administrative Offices, Bastion

Square, Misraħ il-Kunsill (Corte Capitanale), Howard Gardens

(Tomba), Casino Notabile and St. Paul Square which are under the

responsibility of the Council;

"locality" means the Imdina (Città Nobile) locality.

(Bye-Law 7.1.2 and 9.2)

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 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 item 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 necessary permits or licences.

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 10.30pm for the use of Council

Conference Hall ,by 8.30pm for the use of Bastion Square and by

11.00pm for the use of Misraħ il-Kunsill (Corte Capitanale),

Howard Gardens (Tomba), Casino Notabile and St. Paul Square.

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.

(L-IMDINA (CITTÀ NOBILE) 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 without the prior written authorisation of

the Council.

(Bye-Law 8)

Fees for the Use of Facilities

1. Payment for the use of

€100 for each activity

Council Conference

Hall

2. Payment for the use of

not more than €400 for each activity

Bastion Square

3. Payment for the use of

not more than €400for each activity

Misraħ il-Kunsill (Corte

Capitanale)

4. Payment for the use of

not more than €815 for each activity

Howard

Gardens

(Tomba)

5. Payment for the use of

not more than €500 for each activity

Casino Notabile

6. Payment for the use of

not more than €4000 for each activity

St. Paul Square

The Council shall grant authorisation for the use of the

facilities after an application in writing by the applicant, on the form

established in the First Schedule 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

(L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL)

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

to be held.

Applications should reach the Council by 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 education, recreation,

religion, culture or philanthropy or if such activity is not approved by

the Council.

7.1.2 Authorisation shall be given to the applicant on the form

established in the First Schedule and subject to those terms and

conditions established in the Second Schedule, and shall 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 the Third Schedule

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 the Second Schedule 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.

(L-IMDINA (CITTÀ NOBILE) 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 the provisions of Bye-Law 9 if an

authorised person improperly uses 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 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 and 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 and 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.

(L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL)