S.L. 363.112 Art. 2Interpretation. Cap. 363. Use of facilities. Use of equipment. Application for the use of facilities. Nature of activity. Authorisation. Authorisation not transferable. PrioritybyCouncil for use of facilities.

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act; "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 8.1;

"applicant" means the 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 authorisation by the Council or by the Administrator in terms 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 Tarxien Local Council; "equipment" means anything put or fixed within the facilities, including flower-pots, benches, litter bins, and other ornamental structures, synthetic turf, fence, flood lights, other facilities in the dressing rooms, and playing equipment; "facilities" means the synthetic football pitch, dressing rooms and playing field which are under the responsibility of the Council; "Government" means the central Government;

"locality" means the Tarxien locality. 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 authorisation of the Council.

3.2 Equipment shall only be used for the purposes for which they are intended. 4.1 The Council 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 Schedule A: Provided that the Council shall have the right to refuse to issue an authorisation 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 authorisation 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 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 applicants are from the locality, or if none of them resides in the locality, the Council shall draw by lot in the presence of the applicants. 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 authorisation for a specific period and for any activity during which stalls, tables and chairs may be used for commercial purposes. 6.1 (a) The authorisation shall be forwarded to applicant on the form prescribed in Schedule A and subject to the terms and conditions stipulated in Schedule B, including also any comments which the Council may deem necessary. 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, the reason for such a refusal shall be included. 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.

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.