USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) [ S.L.363.26 1 SUBSIDIARY LEGISLATION 363.26 USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) BYE-LAWS 10th September, 1999 LOCAL COUNCIL BYE-LAW 14/6/99, as amended by Legal Notices 425 of 2007 and 426 of 2012. 1. The title of these Bye-Laws is the Use of Facilities (Birkirkara Local Council) Bye-Laws. 2. In these Bye-Laws, unless the context otherwise requires: "Act" means the Local Government Act; Citation. Definitions. Cap. 363. "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 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 Birkirkara 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 Birkirkara locality which lies within the boundaries as stipulated in the Second Schedule to the Act. 3.1 Without 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 or of the administrator appointed by the Council. Use of facilities. 3.2 Equipment shall only be used for the purposes for which they are intended. Use of equipment. 4.1 The Council or the administrator 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 Application for the use of facilities. 2 USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) [ S.L.363.26 the First Schedule: Provided that the Council or the administrator shall have the right to refuse to issue an authorization 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 authorization or a refusal in writing, as the case may be. 4.2 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. 4.3 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 or the administrator shall draw by lot in the presence of the applicants. Nature of activity. 5.1 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 No application submitted by a political party for the holding of any activity during a national electoral campaign or an electoral campaign for the Birkirkara Local Council shall be approved. 5.3 The Council or the administrator 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. Authorization. 6.1 (
- a)The authorization 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 comments which the Council or the administrator may deem necessary. A copy of the authorization 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 this case the reason for such a refusal shall be included. Authorisation not transferable. Priority by Council for use of facilities. 6.2 An authorization 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 authorization has already been issued USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) [ S.L.363.26 3 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 authorization already issued by informing the 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. 7. 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 no fee whatsoever. 8.1 The Council may delegate the management of any of the facilities to third parties after issuing a public call for tenders. Fees for the use of facilities and equipment, and special concessions. Tenders. 8.2 The person who is awarded the tender shall abide by the terms terms and and conditions established in the Second Schedule and any other conditions which the Council or the administrator may impose. 8.3 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. 9. 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 authorization. Responsibility for damages. 10.1 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 authorization, the Council or the administrator, as the case may be, may withdraw the authorization and no refund of fees paid shall be reimbursed. Improper use of facilities; breach of the terms and conditions. 10.2 It is in the discretion of the Council or the administrator whether or not to issue any future authorization to the authorised person whose authorization is withdrawn as indicated in bye-law 10.1. 11.1 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 aut hori zati on gi ven b y virt ue o f th ese B ye-L aws, sh all , on conviction, be liable to a fine (ammenda) not exceeding sixty-nine euro and eighty-eight cents (€69.88) for such contravention. Penalties. Amended by: L.N. 425 of 2007. 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. Amended by: L.N. 425 of 2007. 4 [ S.L.363.26 USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) 11.3 The Council shall have the right to carry out the repairs at the expense of the guilty person. USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) FIRST SCHEDULE (Bye-law 4.1) [ S.L.363.26 5 Amended by: L.N. 426 of 2012. Application for the use of facilities Application No. ...................................... Name and Surname of Applicant: .......................................................................... Legally Valid Identification Document Number/Passport No.: ............................... Position in Organisation (e.g. President, Secretary, Director or Authorised Official): .............................................................................................................. 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: ........................................... [ S.L.363.26 6 USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) SECOND SCHEDULE (Bye-law 6.1) Terms and Conditions for the authorisation of the use of the facilities 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 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 a i 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. USE OF FACILITIES (BIRKIRKARA LOCAL COUNCIL) [ S.L.363.26 THIRD SCHEDULE (Bye-law 7) 7 Substituted by: L.N. 425 of 2007. Fees for the use of Facilities 1. Fee for the Use of the Council Conference Hall: Educational activities approved by Council - €23.29 each activity Cultural Activities - €69.88 each activity Commercial Activities - €116.47 each activity 2. Putting up of Stalls or Tables for Commercial Purposes in any of the Facilities: For every Stall - €16.31 For every Table - €16.31 3. Activities for a Philantropic Purpose: Free 4. Right of use of Exhibition space: Educational Exhibition - €18.63 each activity Other Activities - €55.90 each activity.