USE OF FACILITIES (MOSTA LOCAL COUNCIL) [ S.L. 363.209 1 SUBSIDIARY LEGISLATION 363.209 USE OF FACILITIES (MOSTA LOCAL COUNCIL) BYE-LAWS 11th January, 2019 LOCAL COUNCIL BYE-LAW 39/01/
- The title of these Bye-Laws is the Use of Facilities (Mosta) Bye-Laws.
- Citation. In these Bye-Laws unless the context otherwise requires: Interpretation. ''the Act'' means the Local Government Act; Cap.
- ''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 authorisation by the Council or by the Administrator in terms of the provisions of these ByeLaws 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; ''the Council'' means the Mosta 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 Mosta locality which lies within the boundaries as stipulated in the Second Schedule to the Act. 3.
- Without prejudice to any other permit required by any other authority or under any law, no person shall use of the facilities Use of equipment. 2 [ S.L. 363.209 USE OF FACILITIES (MOSTA LOCAL COUNCIL) without the prior written authorisation of the Council or of the administrator appointed by the Council. 3.
- Equipment shall only be used for the purposes for which they are intended. Application for the use of facilities. 4.
- The Council or the administrator 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 or the administrator shall have the right to refuse to issue an authorisation 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 authorisation or a refusal in writing, as the case may be. 4.
- 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.
- When 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. Nature of activity. 5.
- 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.
- No application submitted by a political party for the holding of an activity during a national electoral campaign or an electoral campaign for the Mosta Local Council shall be approved. 5.
- The Council or the administrator shall have the right to issue an authorisation for a specific period and for an activity during which stalls, tables and chairs may be used for commercial purposes. Authorisation. 6.1.1 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, including also any USE OF FACILITIES (MOSTA LOCAL COUNCIL) [ S.L. 363.209 3 comments which the Council or the administrator may deem necessary. A copy of the authorisation shall be kept by the Council or by the administrator as the case may be. 6.1.2 This procedure shall also apply in the case of a refusal. In this case the reason for such refusal shall be included. 6.
- An authorisation issued under these Bye-Laws shall not be transferable unless without the prior written consent of the Council or the administrator, as the case may be. Authorisation not transferable. 6.3.
- facilities. Priority by Council for use of facilities. The Council shall have priority for the use of the 6.3.
- 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 the applicant in writing at least fifteen days before the date of the said activity. In such case, the Council shall refund the fees paid by applicant and all other expenses incurred in connection with the activity 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: Fees for the use of facilities, and equipment, and special concessions. Provided that the Council may grant a special concession in the case of activities with a philantrophic purpose at no fee whatsoever. 8.
- The Council may delegate the management of any of the facilities to third parties after issuing a public call for tenders. Tenders. 8.
- 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 or the administrator may impose. 8.
- 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. Right of appeal by applicant.
- 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. Responsibility for damages. 10.
- Without prejudice to 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 Improper use of facilities; breach of terms and conditions. 4 [ S.L. 363.209 USE OF FACILITIES (MOSTA LOCAL COUNCIL) no refund of fees paid shall be reimbursed. 10.
- 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.
- Penalties. 11.
- Every person who is in breach of any of the provisions of these Bye-Laws or fails to abide by any condition in the authorisation given by virtue of these Bye-Laws shall, on conviction, be liable to a fine (ammenda) not exceeding sixty nine euro and eighty cents (€69.88) for such contravention. 11.
- The Council may, in addition to the penalties established in Bye-Law 11.
- above, 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.
- The Council shall have the right to carry out the repairs at the expense of the guilty person. USE OF FACILITIES (MOSTA LOCAL COUNCIL) [ S.L. 363.209 FIRST SCHEDULE (Bye-Law 4.1.) Application for the Use of Facilities Application No: __________________________________________ Name and surname of Applicant: ____________________________ Legally Valid Identification Doc. No/ Passport No: _______________ Position in Organisation (e.g. President, Secretary, Director or Authorised Official): ________________________________________________________ Name of Organisation (if applicable): ______________________ Official Address: _________________________________________ Telephone No: _______________ Fax: _______________ 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:_______________ Designation:______________ Official Rubber Stamp: 5 6 [ S.L. 363.209 USE OF FACILITIES (MOSTA LOCAL COUNCIL) SECOND SCHEDULE (Bye-Law 6.1) Terms and Conditions for the Authorisation of the Use of Facilities
- The authorisation is valid for the duration as indicated in the application form prescribed in the First Schedule and subject to any further stipulated by the Council on the authorisation form.
- 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 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.
- 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.
- 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.
- The authorised person shall not carry out any activity which is not indicated in the authorisation.
- 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.
- The authorised person shall ensure that at the end of the authorisation, the facilities subject to this authorisation are restored to their original state.
- The authorised person shall ensure that no inconvenience or nuisance is caused to the public during the duration of the authorisation.
- Any noise shall cease by 11.00pm.
- A copy of the authorisation shall be prominently displayed at all times at the entrance to the facility for the information to the public. USE OF FACILITIES (MOSTA LOCAL COUNCIL) [ S.L. 363.209 THIRD SCHEDULE (Bye-Law 7) Fees for the Use of Facilities
- Fee for the Use of the Council Conference Hall, and for the same use of Hall for Exhibition space: Full Day (10 hours) €100 each activity Half Day (5 hours €50 each activity Use by the hour (less then 5 hours) €10 per hour each activity Use of less then two hours €20
- Activities for a Philantrophic Purpose and Department for Local Government: Free 7