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.
Citation .
(Birkirkara Local Council) Bye-Laws.
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.
Use of facilities.
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 equipment.
they are intended.
Application for the 
use of facilities.
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
the First Schedule:
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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.
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.
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 authorization has already been issued
under these Bye-Laws for an activity to be held on
USE OF FACILITIES
(BIRKIRKARA LOCAL COUNCIL) [ S.L.363.26 3
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.
Fees for the use of 
facilities and 
equipment, and 
special 
concessions.
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.
Tenders.
facilities to third parties after issuing a public call for 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.
Right of appeal by 
applicant.
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.
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 authorization.
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 authorization, the
Council or the administrator, as the case may be, may withdraw the
authorization and no refund of 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 authorization to the authorised
person whose authorization is withdrawn as indicated in bye-law
10.1.
Penalties.
these Bye-Laws, or who fails to abide by any condition of the
authorization 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
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the expense of the guilty person.
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FIRST SCHEDULE
(Bye-law 4.1)
Application for the use of facilities
Application No. ......................................
Name and Surname of Applicant: ..........................................................................
Identity Card No./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: ...........................................
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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
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.
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THIRD SCHEDULE
(Bye-law 7)
Fees for the use of Facilities
1. Fee for the Use of the Council Conference Hall:
Educational activities approved by Council - Lm 10 each activity
Cultural Activities - Lm 30 each activity
Commercial Activities - Lm 50 each activity
2. Putting up of Stalls or Tables for Commercial Purposes in any of the
Facilities:
For every Stall - Lm 7
For every Table - Lm 7
3. Activities for a Philantropic Purpose:
Free
4. Right of use of Exhibition space:
Educational Exhibition - Lm 8 each activity
Other Activities - Lm 24 each activity.
