USE OF FACILITIES (ĦAL KIRKOP LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.208

USE OF FACILITIES

(ĦAL KIRKOP LOCAL COUNCIL) BYE-LAWS

3rd August, 2018

LOCAL COUNCIL BYE-LAW 31/18/2018.

The title of these bye-laws is the Use of Facilities (Ħal

Kirkop Local Council) Bye-Laws.

(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 these 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, or if the Council

at its sole discretion deems that the activity being held is

otherwise inappropriate.

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 facilities subject to this authorisation are

restored to their original state, and shall be responsible for all

damages arising to the facilities and, or equipment situated

within the facilities during the period of the authorisation.

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 both facilities.

10. A copy of the authorisation shall be prominently displayed at

all times at the entrance to the facility for the information to the

public.

USE OF FACILITIES (ĦAL KIRKOP LOCAL COUNCIL)

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 facilities;

''the Council'' means the Ħal Kirkop Local Council;

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

''facilities'' means the Council Hall and ‘Ċentru Soċjali’, which

are under the responsibility of the Council;

''locality'' means the Ħal Kirkop Locality.

(Bye-Law 8)

Fees for the Use of Facilities

Payment for the use of Council Hall

€100 for each

activity

Payment for use of Ċentru Soċjali

€100 for each

activity

Payment for the use of equipment

(i)

PA system

€25 for each

activity

(i)

Projector & screen

€25 for each

activity

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 facilities without the prior written authorisation of the

Council.

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 at its discretion in those circumstances and for any

reason that the Council may deem reasonable, and the Council shall

grant or refuse authorisation in writing is not less than five (5) days

before the activity is 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

4of these bye-laws if the nature of the activity is not related to sports,

education, recreation, culture or philanthropy or if such activity is not

approved by the Council. No funerals, religious activities and political

activities are allowed in these premises.

7.1.2. Authorisation shall be given to the applicant on the form

established in Schedule A and subject to those terms and conditions

established in Schedule B, and shall include any comments and, or

additional conditions 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 facilities

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 any and all damages made to the facilities or the

equipment situated within the facilities or for any other damages that

third parties may suffer during the period of the authorisation whether

within the facilities or elsewhere by reason of the authorised person’s

use of the facilities.

1. Without prejudice to bye-law 9 if the Council shall deem

that an authorised person has made or is making inappropriate use of

the facilities or if the authorised person has or is not observing the

terms and conditions stated in the authorisation, the Council or the

Administrator depending on circumstances may at its sole discretion

revoke the authorisation and the fee shall be forfeited.

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

two hundred and fifty euro (€250) from the authorised person. This

deposit shall be required in order to cater for any damages or loss

which may be caused to the facilities and, or equipment situated

within.

11.3. An inventory, to be registered and signed by the

Executive Secretary and by the authorised person, shall be kept in the

facilities as relating to every article held therein.

11.4. When the authorisation about any of the facilities is

granted to the persons to whom the use is granted, the particulars of

the person responsible shall be indicated.

11.5. The Council or administrator are note responsible for

any equipment belonging to the authorised person or third parties

whatsoever which is left in the facilities.

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 seventy euro (€70) for such

contravention.

12.2. The Council may, in addition to the penalties established

in bye-law 12.1 above, order the person found guilty of the

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 fifteen euro (€15) for every day during which the

repairs are not carried out.

12.3. The Council shall have the right to affect the necessary

repairs at the expense of the person found guilty.

SCHEDULE A – Application for the Use of Facilities

(Bye-Law 4.1)

Application No: __________________________________________________

Name and Surname of Applicant: _____________________________________

Legally Valid Identification Document Number/ Passport Number: __________

Name of Organisation (if applicable) __________________________________

Official Address: _________________________________________________

Telephone No: _____________________ Fax: __________________________

Facility applied for: _______________________________________________

Days of Activity: From: ___________________ To: ______________________

Use of Council equipment

PA System

Yes:______ No:____

Projector & Screen

Yes:______ No:____

Duration (time): From: __________________ To: _______________________

Approx. Expected attendance: _______________________________________

Entrance Fee (if applicable):_________________________________________

Measure 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: ____________________ Designation: ________________________

Official Rubber Stamp: _____________________________________________