USE OF FACILITIES AND ADMINISTRATION (|URRIEQ LOCAL COUNCIL) BYE-LAWS

USE OF FACILITIES AND ADMINISTRATION

(|URRIEQ LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.55

USE OF FACILITIES AND ADMINISTRATION

(|URRIEQ LOCAL COUNCIL) BYE-LAWS

9th July, 2000

LOCAL COUNCIL BYE-LAW 67/13/2000, as amended by Legal Notices

425 of 2007 and 426 of 2012.

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

Administration (|urrieq Local Council) Bye-Laws.

Amended by

L.N. 426 of 2012.

(Bye-law 4.1)

Application for the Use of Facilities at the Mit]na tax-Xarolla,

Triq Sant’Andrija, |urrieq

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

Tel. No.: ............................................... Fax No.: .................................................

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

Days of Activity

From ................................ to .......................................

Duration: (time)

From ................................ to (time) .............................

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

USE OF FACILITIES AND ADMINISTRATION

(|URRIEQ LOCAL COUNCIL)

1

In these Bye-Laws unless the context otherwise requires

"Act" means the Local Government Act;

"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 authorisation by the Council in terms

of the provisions of these Bye-Laws for the use of any of the

facilities;

"Council" means the |urrieq Local Council;

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

and any other ornamental structures;

"facilities" means the whole property or part thereof known as

Mit]na tax-Xarolla, |urrieq;

"Government" means the central Government;

"locality" means the |urrieq 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 the

Mit]na tax-Xarolla, Triq Sant’Andrija, |urrieq

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

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 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 authorisation 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 Mit]na tax-Xarolla, Triq Sant’ Andrija, |urrieq

Cultural activities

- €34.94 each activity

Other activities

- €116.47 each activity

2. Activities for a Philanthropic Purpose

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

purpose.

USE OF FACILITIES AND ADMINISTRATION

(|URRIEQ LOCAL COUNCIL)

1 The Council shall issue an authorisation 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 authorisation 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

authorisation 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 and vary

USE OF FACILITIES AND ADMINISTRATION

(|URRIEQ LOCAL COUNCIL)

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.

Substituted by

L.N. 425 of 2007.

(Bye-law 8.2)

Fees payable for entry into the Museum forming part of Mit]na tax-Xarolla

1. Entrance fee due by persons aged between eighteen and

sixty years

2. Entrance fee due by persons aged between ten and seventeen

years, and persons over sixty

3. No entrance fee shall be due for students and persons under

ten years of age.

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.

1.1 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, and to any other condition which the

Council may impose. A copy of the authorisation

shall be kept by the Council.

6.1.2 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.

6.3

The Council shall have priority for the use of the facilities.

6.4 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

C ou n c i l m a y wi t hd r a w t h e au th o ri s a t i on a l r e a d y i s s u e d b y

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 shall have the authority to admit any person to

visit the museum within the property within the established days

and time.

8.2 The Council shall have the ht to charge an entrance fee as

stipulated in the Fourth Schedule.

Any person visiting the museum, or any other person to

whom the authority is given by the Council to make use of the

facilities within the property, 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

USE OF FACILITIES AND ADMINISTRATION

(|URRIEQ LOCAL COUNCIL)

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 may withdraw the authorisation and no fees paid shall be

reimbursed.

10.2 It is in the discretion of the Council 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 uth or isa t ion g iv e n b y vir tu e o f the se By e -L a w s, 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.

USE OF FACILITIES AND ADMINISTRATION

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