USE OF FACILITIES (QORMI LOCAL COUNCIL) g S.L.363.34 1
SUBSIDIARY LEGISLATION 363.34
USE OF FACILITIES (QORMI LOCAL COUNCIL) 
BYE-LAWS
19th November, 1999
LOCAL COUNCIL BYE-LAW 6/13/99.
Citation .
Local Council) Bye-Laws.
Interpretation.
Cap. 363.
"administrator" means the person, club, association or society
awarded the tender by the Council to manage any of the facilities in
terms of bye-law 8.2;
"applicant" means any person, whether an individual, club,
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 Qormi Local Council;
"equipment" means anything placed or fixed within the facilities,
including flower-pots, benches, litter-bins, and other ornamental
structures;
"facilities" means De la Cruz Garden, Qormi, including the
Greek Theatre and the Kiosk;
"Government" means the central Government;
"locality" means the Qormi locality which lies within the
boundaries as defined in the Second Schedule to the Act.
Use of facilities.
other authority or under any law, no person shall use the facilities
without the prior authorization of the Council.
Use of equipment.
they are intended.
Application for the 
use of facilities.
4.1 The Council 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 the First Schedule:
Provided that the Council shall have the right to refuse to
issue an authorization 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
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authorization 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. The Council’s decision shall be communicated
to applicant as early as possible:
Provided that the Council may give a concession and 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 shall draw by
lot the application to be chosen 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 The Council 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.
Authorisation. 6.1 ( a ) 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, and to any other condition which the
Council may impose. A copy of the authorisation 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 such case of refusal, the reason for such a refusal
shall also be included.
Authorisation not 
transferable.
6.2 An authorisation 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.
Priority by Council 
for use of facilities.
6.3.1 The Council shall have priority for the use of the
facilities.
6.3.2 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 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.
Fees for the use of 
facilities and 
equipment.
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:
USE OF FACILITIES (QORMI LOCAL COUNCIL) g S.L.363.34 3
Special 
concession.
Provided that the Council may grant a special concession
in the case of activities with a philanthropic purpose at a nominal
fee of one lira (Lm1).
Tenders.
in whole or in part, to third parties after issuing a public call for
tenders.
Terms and 
conditions.
8.2 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 by 
applicant.
8.3 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.
Responsibility for 
damages.
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 authorisation
Improper use of 
facilities; breach of 
the terms and 
conditions.
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 authorisation the
Council or the administrator as the case may be, may withdraw the
authorisation and no fees paid shall be reimbursed.
10.2 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
10.1.
Penalties.
these Bye-Laws, or who fails to abide by any condition of the
authorisation given by virtue of these Bye-Laws, shall, on
conviction be liable to a fine ( ammenda ) not exceeding thirty liri
(Lm 30) 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 five liri (Lm5) 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.
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FIRST SCHEDULE
(Bye-law 4.1)
Application for the use of facilities at De La Cruz Garden, Qormi
Application No. ......................................
Name and Surname of Applicant: ..........................................................................
Identity Card No./Passport No.: ............................................................................
Position in Organisation (e.g. President, Secretary, etc.): ......................................
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: ...........................................
SECOND SCHEDULE
(Bye-law 6.1)
Terms and Conditions for the authorisation of the use of the facilities
at De La Cruz Garden, Qormi
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
USE OF FACILITIES (QORMI LOCAL COUNCIL) g S.L.363.34 5
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.
THIRD SCHEDULE
(Bye-law 7)
Fees for the Use of Facilities
1. Payment for the use of the Kiosk: - Lm 20 per day
2. Payment for the use of the Greek Theatre:
Cultural Activities - Lm 15 each activity
Other Activities - Lm 50 each activity
3. Payment for the use of the remaining area of the Public Garden at De La Cruz
Avenue, Qormi:
Cultural Activities - Lm 15 each activity
Other Activities - Lm 50 each activity
4. Activities for a Philanthropic Purpose:
A nominal fee of Lm1 in respect of any activity held for a philanthropic
purpose.
