USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.26

USE OF FACILITIES

(BIRKIRKARA LOCAL COUNCIL) BYE-LAWS

10th September, 1999

LOCAL COUNCIL BYE-LAW 14/6/99, as amended by Legal Notices 425

of 2007 and 426 of 2012.

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

(Birkirkara Local Council) Bye-Laws.

Amended by

L.N. 426 of 2012.

(Bye-law 4.1)

Application for the use of facilities

Application No. ......................................

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

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

Position in Organisation (e.g. President, Secretary, Director or Authorised

Official): ..............................................................................................................

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, management committee, 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,

management committee, 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 the provisions 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 Birkirkara Local Council;

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

including platforms, chairs, audio equipment, flowerpots, benches,

litter-bins, and other ornamental structures;

"facilities" means the Council Conference Hall, the exhibition

space within the Civic Centre and any other location that the

Council may include by a resolution to these Bye-Laws and which

are under the responsibility of the Council;

"Government" means central Government;

"locality" means the Birkirkara 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

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 a i 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 or of the

administrator appointed by 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. Fee for the Use of the Council Conference Hall

Educational activities approved by Council

- €23.29 each activity

Cultural Activities

- €69.88 each activity

Commercial Activities

- €116.47 each activity

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

Facilities

For every Stall

- €16.31

For every Table

- €16.31

3. Activities for a Philantropic Purpose

Free

4. Right of use of Exhibition space

Educational Exhibition

- €18.63 each activity

Other Activities

- €55.90 each activity.

1 The Council or the administrator 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 or the administrator shall have

the right to refuse to issue an authorization in those circumstances

and for any reason which the Council or the administrator deems

fit; so however that the Council or the administrator 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 to the Council or the

administrator by not later than one month and not earlier than two

months before the date of the proposed activity. The decision of the

Council or the administrator 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 or the

administrator 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 No application submitted by a political party for the

holding of any activity during a national electoral campaign or an

electoral campaign for the Birkirkara Local Council shall be

approved.

5.3 The Council or the administrator shall have the right to

issue an authorization for a specific period and for any activity

during which stalls, tables and chairs may be used for commercial

purposes.

1

(a) The authorization shall be forwarded to the 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 or the administrator may deem necessary.

A copy of the authorization 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 authorization 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 authorization 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 authorization already issued by

informing the applicant in writing 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 no fee

whatsoever.

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 terms and and conditions established in the Second Schedule

and any other conditions which the Council or the administrator

may impose.

8.3 Where an applicant feels aggrieved by a decision taken by

the administrator, for not having abided by the provisions of these

Bye-Laws, 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 authorization.

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

authorization 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 authorization 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

aut hori zati on gi ven b y virt ue o f th ese B ye-L aws, sh all , 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.