ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL) [ L.S.363.52 1
SUBSIDIARY LEGISLATION 363.52
ADMINISTRATION OF COUNCIL OF EUROPE 
GARDENS G |IRA (G |IRA LOCAL COUNCIL)
BYE-LAWS
30th June, 2000
LOCAL COUNCIL BYE-LAW 21/10/2000.
Citation.
Council of Europe Gardens G \ira (G \ira Local Council) Bye-Laws.
Interpretation.
Cap. 363.
S.L. 363.01
"administration" has the same meaning assigned to it by
regulation 43(2) of the Local Councils (Financial) Regulations;
"applicant" means the person, organisation or body of persons
who apply to the Council for authorisation for the use of the Garden
under the provisions of bye-law 7;
"authorisation" means the authorisation granted by the Council
to any applicant under the provisions of bye-law 7;
"authorised person" means the person, organisation or body of
persons who has been granted authority for the temporary use of
the Garden under the provisions of bye-law 7;
"children" means those persons under the age of fourteen years;
"commercial activity" means any activity which has as its
primary objective the commercial promotion or sale of goods or
services as designated in Part 3 of the Third Schedule, or any other
activity which is deemed to be so by the Council;
"Committee of Management" means the Council or any
Committee set up by the Council in accordance with the provisions
of article 47 and Standing Orders 26 to 28 of the Sixth Schedule to
the Act in order to carry out the function of administration of the
Garden on behalf of the Council under the terms stipulated in bye-
law 9;
"Council" means the G \ira Local Council;
"curator" means the person appointed by the Council as
administrator of the Council of Europe Gardens G \ira in
accordance with the provisions of bye-law 6;
"exclusive use" means the use of the garden by any person or
organisation as indicated in bye-law 8, which gives the right to
such person or organisation to charge an admission fee for the
authorised activity;
"Garden" means the Council of Europe Gardens G \ira;
"Council of Europe Gardens G \ira" means the garden located in
G \ira and situated between Triq ix-Xatt and the Yacht Marina as
designated in the site-plan as the shaded area in the First Schedule;
2 L.S.363.52 ]
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL)
"non-commercial activity" means any activity relating to
educational, social, cultural or informational purposes as
designated in Part 3 of the Third Schedule, but not concerning as its
primary objective the commercial promotion or sale of goods or
service;
"opening hours" means the period of time during which the
Garden is open to the public and which shall be determined by the
Council from time to time;
"organisation" means any association, organisation or body of
persons, whether governmental or non-governmental;
"Secretary" means the Executive Secretary of the G \ira Local
Council;
"site" means the area within the boundaries as designated in the
First Schedule;
"temporary use" means a period not exceeding fifteen days or
any lesser period.
Admission fee. 3.1 The Council shall have the right to charge an admission fee
to any person who wishes to enter the Garden:
Provided that the Council may give a concession for free
admittance to any person or organisation as it may decide by
resolution.
3.2 The admission fees are those stipulated in the Second
Schedule, which may be varied by the Council from time to time by
means of other Bye-Laws.
3.3 The collection of these fees shall be made either by the
person who is authorised by the Council to do so, or by any other
means as the Council may determine.
Prohibitions in all 
areas of the 
Garden.
4.1 In all areas of the Garden, children not accompanied by
adults, bicycles, ball-games, skate-boarding, roller-skating, blade-
rollers, and animals, are prohibited.
4.2 No motor vehicle shall enter the Garden unless authorised
to do so in writing by the Council.
Devices to register 
automatically the 
number of persons 
admitted into the 
Garden.
5. For the purpose of record-keeping, the Council may install
any turnstile or other device which would automatically register the
number of persons admitted into the Garden.
Curator. 6.1 The Council may appoint a person to act as curator of the
Garden.
Engagement of 
curator.
6.2 The engagement of the curator shall be by means of a
contract for a period of one year, which may be renewed for further
successive periods of one year each.
Functions of 
curator.
6.3 The curator shall be the administrator of the Garden. His
functions shall be -
( a ) to administer the day-to-day running of the Garden;
( b ) to have custody of all the assets within the Garden;
( c ) to manage, supervise and give any instruction to any
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL) [ L.S.363.52 3
person carrying out duties within the Garden or any
other duty connected thereto;
( d ) to draw up a detailed and up-to-date inventory of all
the items within or pertaining to the Garden;
( e ) to grant permission for the use of any furniture,
fittings, equipment, vehicles, plant, machinery or any
other item under his control, within the boundaries of
the Garden;
( f ) to carry out periodic checks on all items on the
inventory and report any surplus or deficiency to the
Executive Secretary;
( g ) to take measures of control and storage of all items on
the inventory;
( h ) to maintain an accurate inventory of stock items;
( i ) to draw up a report of any incident occuring within the
boundaries of the Garden whenever he is required to
do so by the Executive Secretary;
( j ) to issue entrance block tickets issued by the Council to
any person or organisation who books for admission in
advance, and to take any decision concerning
admission or expulsion from the Garden as he deems
necessary in the circumstances; provided that he has
no authority to grant or revoke any authorisation
which is incumbent on the Council;
( k ) to keep a record of all the activities held in the Garden
and those which are scheduled to take place, where
authority has been granted;
( l ) to deposit with the Executive Secretary, every day, the
monies collected from admission fees and those
collected in the coin-operated machines as well as
draw up weekly financial statements and forward them
to the Executive Secretary;
( m ) to draw up a quarterly administrative report to the
Council, which shall include recommendations for
improvements to the Garden and the system of
management in general;
( n ) to carry out any other duties that may be detailed or
delegated to him by the Council.
Authorisation by 
Council for certain 
activities.
7.1 The Council shall have the right to give authorisation in
writing to any person or organisation for the temporary use of the
Garden, for which a fee shall be paid to the Council.
Authorisation to be 
signed by the 
Executive 
Secretary or 
Mayor.
7.2 The written authorisation issued in terms of bye-law 7.1
shall be granted under the signature of the Executive Secretary or
the Mayor after an application has been made to the Council on the
form prescribed in Part 1 of the Third Schedule:
Provided that a commercial activity shall only be
authorised by the Council by resolution. In the case of doubt
whether an activity is commercial or non-commercial, this shall be
decided by the Council whose decision shall be final:
4 L.S.363.52 ]
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL)
Provided further that in the case of application for
Wedding, Engagement, Holy Communion and Confirmation photo-
sessions, the authorisation shall be given by the Executive
Secretary on application.
Authorisation 
subject to terms 
and conditions.
7.3.1 Any authorisation given shall be subject to terms and
conditions stipulated in Part 2 of the Third Schedule.
7.3.2 A copy of the terms and conditions for a given
authorisation may be put up by the Council in a
prominent place at the entrance to the Garden for the
duration of the activity.
Authorisation fees. 7.4 The applicant shall pay a fee as stipulated in Part 3 of the
Third Schedule, according to the nature of the activity:
Refund of 
application fee.
Provided that the fee paid shall be refunded to applicant if
the authorisation is not granted, for any reason, by the Council, and
to any applicant who cancels his application at least one week from
the first day of the activity:
Failure to abide by 
terms and 
conditions results 
in forfeiture of 
authorisation fee.
Provided further that the authorisation shall be deemed not
valid if the authorised person fails to comply with the terms and
conditions conditions established in the authorisation or if he fails
to abide by any instruction given to him by the Council. In such an
instance, the fee which would have been paid would be forfeited in
favour of the Council.
Authorised person 
may charge an 
admission fee.
7.5.1 The Council shall have the right to give an
authorisation to an applicant who intends to make an
activity for which the authorised person may charge
an admission fee. In this case, the Council shall have
the right to receive up to twenty per cent (20%) of all
proceeds from the admission fee charged for the
authorised activity:
Provided that, in all cases the Council shall receive
not less than 25c per adult.
7.5.2 The Council shall also have the rig]t to receive a
maximum of twenty per cent (20%) of all the
proceeds from sponsorship, commercial
advertisements or sales derived from or as a result of
the authorised activity.
Additional costs 
and expenses to be 
paid to Council by 
authorised person.
7.6 The Council may request also the authorised person to pay
any additional costs and expenses incurred by the Council as a
consequence of the activity, including utilities and the rendering of
aadditional services.
Other activities. 7.7 The Council shall also have the right to give authorisation
for the temporary use of the Garden for any activity which is not
listed in Part 3 of the Third Schedule, against a fee which shall be
determined by the Council and which in no case shall exceed two
hundred liri (Lm200) per day.
Caution money. 7.8.1 The Council may also, at its discretion, in addition to
the fee mentioned in bye-law 7.4, charge a sum not
exceeding two hundred liri (Lm200), as caution
money.
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL) [ L.S.363.52 5
Refund of caution 
money.
7.8.2 Such sum would be paid back to the authorised
person if the Council is satisfied that at the end of the
activity no damages or breach of the conditions were
committed by the authorised person.
Caution money 
forfeited in favour 
of Council for 
breaches of terms 
and conditions.
7.8.3 In the case of any breach of any of the terms and
conditions mentioned above, the said sum would be
forfeited in favour of the Council without prejudice
to any other action that the Council may take.
Insurance policy.
Council may also demand that the applicant submit an insurance
policy to cover any damages, theft and any other source and form
of liability or claim from third parties for the duration of the
activity, including the period of preparation and of removal of
equipment, apparatus, furniture or any other device used for the
activity.
Special 
concession.
7.10 The Council may grant a special concession to any
voluntary organisation or any other organisation to hold any
activity within the Garden, at a fee which is less than that stipulated
in Part 3 of the Third Schedule, or at no fee at all.
Exclusive use of 
the Garden or part 
thereof.
8. The Council, any central Government authority, or any
person or organisation to whom authorisation is given under the
provisions of bye-law 7.5.1, may make exclusive use of the Garden
or part thereof provided that prior notice of at least two weeks is
given to the Council. For this purpose, the entire Garden or part
thereof may be closed or admission restricted.
Committee of 
Management.
9.1 The Council may appoint a Committee of Management
which shall perform all such duties as are competent on the Council
in respect of the management of the Garden in accordance with the
provisions of these Bye-Laws:
Provided that the financial management shall be the
responsibility of the Executive Secretary.
9.2 The number of members, the bodies to be invited to
nominate members and the terms of reference of the Committee of
Management shall be determined by the Council.
Right of Council to 
contract to third 
parties rights, 
concessions, etc.
S.L. 363.01
10. The Council shall have the right, in terms of regulation 43
of the Local Councils (Financial) Regulations, to contract to third
parties, rights, concessions, permits or authorisation to manage,
operate, use or occupy the Garden or part thereof:
Provided that the contract shall be only valid if the person
to whom it is given has obtained any permits or licenses necessary
under any other law.
Coin-operated 
machines.
11. The Council may install, within the boundaries as
designated in the First Schedule, any coin-operated machine for the
selling of tickets, fish-food, drinks or snacks, as well as for other
purposes normally associated with public places, including mobile
public toilets, and any other coin-operated equipment as the
Council may deem proper, subject to any other permit required
under any other law.
Penalty.
these Bye-Laws, or any condition of the authorisation given by
6 L.S.363.52 ]
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL)
virtue of these Bye-Laws, except for the provisions of bye-law 4
shall, on conviction, be liable to a fine ( ammenda ) of thirty liri
(Lm30) for such contravention, and to a further fine ( ammenda ) of
five liri (Lm5) for every day during which one of the provisions of
these Bye-Laws or any condition of the authorisation is breached.
12.2 Every person who is in breach of the provisions of bye-law
4 shall, on conviction be liable to a fine ( ammenda ) of twenty liri
(Lm20) for each contravention mentioned under the same bye-law.
12.3 Every person who is in breach of the provisions of bye-law
4.2, that person or the licence holder of that motor-vehicle shall, on
conviction, be liable to a fine ( ammenda ) of thirty liri (Lm30) for
each contravention.
Notice to be fixed 
or erected at the 
entrance to the 
Garden.
13. The Council shall have the right to fix or erect a notice at
the entrance to the Garden reproducing these Bye-Laws or part
thereof in both the Maltese and English language.
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL) [ L.S.363.52 7
FIRST SCHEDULE
(Bye-law 2)
BOUNDARIES OF SITE KNOWN AS COUNCIL OF EUROPE GARDENS G |IRA
(Shaded Area)
SECOND SCHEDULE
(Bye-law 3)
ENTRANCE FEE
The entrance fee shall be of 10 cents per person.
8 L.S.363.52 ]
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL)
THIRD SCHEDULE
PART 1
(Bye-law 7.2)
APPLICATION FORM
(This application is being made in terms of the provisions of the Administration of
Council of Europe Gardens G \ira (G \ira Local Council) Bye-Laws, and subject to
the terms and conditions stipulated in Part 2 of this Schedule).
Application No.: (to be inserted by Council) .........................................................
Name of Applicant: ...............................................................................................
Identity Document No./Passport No.: ....................................................................
Position in Organisation: ......................................................................................
(e.g. President, Secretary, etc.)
Name of Organisation: ..........................................................................................
Official Address: ..................................................................................................
..................................................................................................
Tel. No.: ............................................... Fax No.: .................................................
Activity to be carried out: .....................................................................................
(give full details)
Whether a Commercial/Non-Commercial Activity (delete as appropriate) (see Part
3 to this Schedule)
Whether exclusive use is requested: Yes/No (delete as appropriate) (see bye-law 7
of the Bye-Laws. If yes, attach site-plan indicating exclusive area requested)
Number of persons participating: ..........................................................................
Date/s of Activity: From ................................ to .......................................
Duration: From (time) ...................... to (time) .............................
Fee Paid: Lm ........................................ Caution Money Paid: Lm ........................
(if charged)
Receipt No: ..................................... (to be filled by Council)
...................................... ..................................
Executive Secretary/Mayor*  Date
*signifying Council’s Authorisation
Council rubber stamp
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL) [ L.S.363.52 9
PART 2
(Bye-law 7.3)
TERMS AND CONDITIONS FOR THE AUTHORISATION OF THE 
TEMPORARY USE OF THE COUNCIL OF EUROPE GARDENS G |IRA
1. The authorisation shall only be valid if it bears the signature of the Council
Executive Secretary or the Mayor and on the dates and times indicated in the
authorisation and as regards the authorised areas.
2. The Council shall have the right to revoke the authorisation at any time for
any breach of any of these terms and conditions or of any provision of the
Bye-Laws. The Council also has the right to revoke the authorisation if the
activity is deemed contrary to public decency or immoral.
3. If the Council revokes the authorisation for any of the reasons mentioned in
paragraph 2, the auhtorised 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, and which the applicant is obliged to obtain himself.
5. The authorised person may not carry out any activity which is not indicated in
the authorisation.
6. The authorised person shall be held responsible for any theft, misuse or
damage caused in the Garden as a consequence of the atuhorised activity.
7. The authorised person shall keep the place where the activity is held clean
from any waste at all times during the activity.
8. The apparatus, devices, furniture and other accessories used during the
activity have to be removed from the Garden by not later than ........................
after the termination of the activity.
9. The manner by whcih the activity is to be held shall be discussed beforehand
between the applicant and Council Secretary or the curator of the Garden, and
the authorised person is bound to effect the adjustments recommended by the
Executive Secretary/curator.
10. Any noise shall cease at 12.00 midnight (during the Summer time period) and
11.00 p.m. (Winter period).
10 L.S.363.52 ]
ADMINISTRATION OF COUNCIL OF EUROPE GARDENS 
G |IRA (G |IRA LOCAL COUNCIL)
PART 3
(Bye-law 7.4)
FEES DUE FOR ACTIVITIES REQUIRING 
AUTHORISATION BY THE COUNCIL
Type of Activity Fee Due
1. COMMERCIAL ACTIVITIES DURING ANY ONE
DAY
Photo Session (excluding Weddings, Engagement,
Holy Communion and Confirmation photo session),
advertising, modelling and fashion shows, fairs, etc.,
and the filming and productions in connection
therewith, and any other activity so deemed in
accordance with bye-law 2 of these Bye-Laws.
Lm 100 for the first
hour.
Lm25 for every
additional hour.
2. NON-COMMERCIAL
Plays, soirees, musical and literary activities, media
production and photo session connected with
Weddings, Engagements, Holy Communion and
Confirmation, and any other activity so deemed in
accordance with bye-law 2 of these Bye-Laws. Lm10 per day.
3. COMMERCIAL ACTIVITIES EXCEEDING 24
HOURS BUT NOT EXCEEDING ONE WEEK
Lm150 per 24 hours
or part thereof.
4. COMMERCIAL ACTIVITIES EXCEEDING ONE
WEEK
Lm200 per day or
part thereof.
