USE OF FACILITIES (QORMI LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.34

USE OF FACILITIES (QORMI LOCAL COUNCIL)

BYE-LAWS

19th November, 1999

LOCAL COUNCIL BYE-LAW 6/13/99, as amended by Legal Notices 425

of 2007 and 426 of 2012.

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

Local Council) Bye-Laws.

Amended by

L.N. 426 of 2012.

(Bye-law 4.1)

Application for the use of facilities at De La Cruz Garden, Qormi

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 8.2;

"applicant" means any person, whether an individual, club,

a s s o c i a t i o n o r s o c i e t y, w h o a p p l i e s t o u s e t h e f a c i l i t i e s i n

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 Qormi Local Council;

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

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

structures;

"facilities" means De la Cruz Garden, Qormi, including the

Greek Theatre and the Kiosk;

"Government" means the central Government;

"locality" means the Qormi locality which lies within the

boundaries as defined in the Second Schedule to the Act.

(Bye-law 6.1)

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

at De La Cruz Garden, Qormi

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

USE OF FACILITIES (QORMI LOCAL COUNCIL)

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 any 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 Kiosk

- €46.59 per day

2. Payment for the use of the Greek Theatre

Cultural Activities

- €34.94 each activity

Other Activities

- €116.47 each activity

3. Payment for the use of the remaining area of the Public Garden at De La Cruz

Avenue, Qormi

Cultural Activities

- €34.94 each activity

Other Activities

- €116.47 each activity

4. Activities for a Philanthropic Purpose

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

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. The Council’s decision shall be communicated

to applicant as early as possible

Provided that the Council may give a concession and 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 the application to be chosen 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 authorization

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 the applicant

on the form prescribed in the First Schedule and

subject to the terms and conditions stipulated in the

Second Schedule, and to any other condition which the

Council may impose. 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 such case of refusal, the reason for such a refusal

shall also 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 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 a nominal

fee of two euro and thirty-three cents (€2.33).

1 The Council may delegate the management of the facilities,

in whole or in part, 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 authorisation the

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

authorisation and no 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 authorisation 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

a ut h or i s a t io n g iv e n b y v ir t ue o f t he s e B y e -L a ws, s h a l l, 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.

USE OF FACILITIES (QORMI LOCAL COUNCIL)