S.L. 363.26 Art. 2Definitions. Cap. 363. Use of facilities. Use of equipment. Application for the use of facilities. Nature of activity. Authorization. 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, 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. 3.2 Equipment shall only be used for the purposes for which they are intended. 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:

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.

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.

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. 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 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.