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L.S. 363.204 Bye-Laws dwar l-Użu ta’ Faċilitajiet (Kunsill Lokali L - Imdina (Città Nobile))

USE OF FACILITIES (L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL) [ S.L. 363.204 1 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

  1. The title of these Bye-Laws is the Use of Facilities (LImdina (Città Nobile) Local Council) Bye-Laws. Citation.
  2. requires:- Interpretation. In these Bye-Laws unless the context otherwise "Act" means the Local Government Act; Cap.
  3. "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.
  4. 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. Use of facilities.
  5. 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: Application for the use of facilities. 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 2 [ S.L. 363.204 USE OF FACILITIES (L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL) authorisation in writing in not less than five days before the activity is to be held. Time limits for applications.
  6. 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. Priority of application.
  7. 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. Nature of activity. 7.1.1 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. Authorisation. 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. Authorisation not transferable. 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. Fees for the use of facilities.
  8. 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. Delegation of management. 9.1 The Council may delegate the management of the facility to third parties after issuing a public call for tenders. Terms and conditions. 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. Right of appeal. 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. USE OF FACILITIES (L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL) [ S.L. 363.204 3
  9. 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. Responsibility for damages. 11.1 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. Improper use of facilities, breach of the terms and conditions. 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. 12.1 Any person who contravenes any provision of these ByeLaws 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. Penalties. 4 [ S.L. 363.204 USE OF FACILITIES (L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL) FIRST SCHEDULE (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: .................... USE OF FACILITIES (L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL) [ S.L. 363.204 SECOND SCHEDULE (Bye-Law 7.1.2 and 9.2) Terms and Conditions for the Authorisation of the Use of Facilities
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. The authorised person shall not carry out any activity which is not indicated in the authorisation.
  15. 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.
  16. The authorised person shall ensure that at the end of the authorisation the facility be restored to its original state.
  17. The authorised person shall ensure that no inconvenience or nuisance is caused to the public during the duration of the authorisation.
  18. 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.
  19. A copy of the authorisation shall be prominently displayed at all times at the entrance to the facility for the information of the public. 5 6 [ S.L. 363.204 USE OF FACILITIES (L-IMDINA (CITTÀ NOBILE) LOCAL COUNCIL) THIRD SCHEDULE (Bye-Law 8) Fees for the Use of Facilities
  25. Payment for the use of Council Conference Hall: Payment for the use of Bastion Square Payment for the use of Misraħ il-Kunsill (Corte Capitanale) Payment for the use of Howard Gardens (Tomba) Payment for the use of Casino Notabile Payment for the use of St. Paul Square €100 for each activity not more than €400 for each activity not more than €400for each activity not more than €815 for each activity not more than €500 for each activity not more than €4000 for each activity

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.