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L.S. 363.208 Bye-Laws dwar l-Użu ta’ Faċilitajiet (Kunsill Lokali Ħal Kirkop)

USE OF FACILITIES (ĦAL KIRKOP LOCAL COUNCIL) [ S.L.363.208 1 SUBSIDIARY LEGISLATION 363.208 USE OF FACILITIES (ĦAL KIRKOP LOCAL COUNCIL) BYE-LAWS 3rd August, 2018 LOCAL COUNCIL BYE-LAW 31/18/

  2. The title of these bye-laws is the Use of Facilities (Ħal Kirkop Local Council) Bye-Laws.
  3. In these bye-laws unless the context otherwise requires: ''the Act'' means the Local Government Act; Citation. Interpretation. Cap.
  4. ''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.
  5. 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. Use of facilities.
  6. The Council shall grant authorisation for the use of the facilities after an application on the form established in Schedule A is submitted: Application for the use of facilities. 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.
  1. 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 Time limits for application. 2 [ S.L.363.208 USE OF FACILITIES (ĦAL KIRKOP LOCAL COUNCIL) in writing as soon as possible. Priority of applications.
  2. 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.
  3. 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. Authorisation. 7.1.
  4. 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.
  5. 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.
  6. 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.
  7. 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. Delegation of management. 9.
  8. The Council may delegate the management of the facilities to third parties after issuing a public call for tenders. Terms and conditions. 9.
  9. 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. Right of appeal. 9.
  10. 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. Responsibility for damages.
  11. 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 FACILITIES (ĦAL KIRKOP LOCAL COUNCIL) [ S.L.363.208 3 use of the facilities. 11.
  12. 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. Improper use of facilities, breach of the terms and conditions. 11.
  13. 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.
  14. 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.
  15. 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.
  16. 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. 12.
  17. 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 seventy euro (€70) for such contravention. 12.
  18. 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.
  19. The Council shall have the right to affect the necessary repairs at the expense of the person found guilty. Penalties. 4 [ S.L.363.208 USE OF FACILITIES (ĦAL KIRKOP LOCAL COUNCIL) 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: _____________________________________________ USE OF FACILITIES (ĦAL KIRKOP LOCAL COUNCIL) [ S.L.363.208 SCHEDULE B (Bye-Law 6.1) Terms and Conditions for the Authorisation of the Use of Facilities
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. The authorised person shall not carry out any activity which is not indicated in the authorisation.
  25. 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.
  26. 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.
  27. The authorised person shall ensure that no inconvenience or nuisance is caused to the public during the duration of the authorisation.
  28. Any noise shall cease by 10.30pm for both facilities.
  29. A copy of the authorisation shall be prominently displayed at all times at the entrance to the facility for the information to the public. 5 6 [ S.L.363.208 USE OF FACILITIES (ĦAL KIRKOP LOCAL COUNCIL) SCHEDULE C (Bye-Law 8) Fees for the Use of Facilities Payment for the use of Council Hall activity Payment for use of Ċentru Soċjali activity Payment for the use of equipment: (i) (i) PA system activity Projector & screen activity €100 for each €100 for each €25 for each €25 for each

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