Al fresco dining: Sliema council wants enforcement

The system is set to do away with multiple permits from the MEPA, Transport Malta and the Lands Department, but it remains unclear which entity would clamp down on those establishments breaching the new rules.

James Debono
Malta Today 5 November 2015
http://www.maltatoday.com.mt/news/national/58936/al_fresco_dining_sliema_council_wants_enforcement#.VjskQmLTXJs‏

A new planning policy which proposes a one stop system for permits for establishments setting tables and chairs on public land fails to indicate which entity would be responsible for the enforcement of the new rules.

The system is set to do away with multiple permits from the MEPA, Transport Malta and the Lands Department, but it remains unclear which entity would clamp down on those establishments breaching the new rules.

The Sliema council – one of the councils most affected by the new rules due to the large number of establishments along its promenades – expressed disappointment that “there is no mention as to which entity will be responsible for enforcement” of the proposed regulations. 

In its submissions to the Malta Environment and Planning Authority on the policy proposed to regulate the sector, the council insisted that the success of such a policy was highly dependent on the level of enforcement in place. 

Moreover the council laments that the role of local councils in enforcement will be weakened considerably through the new planning laws in view of the removal of part of the present planning act which states that a number of minor encroachments on public property “can be removed at the request of any public authority, including the local council”. 

Neither does the policy oblige public authorities to consult with local councils when issuing permits for outside catering establishments. The Sliema council is insisting on the right of local councils to have the legal basis to request the removal of illegally positioned tables and chairs.

The new policy, if approved, will ban new kiosks from setting tables and chairs outside. But it will allow restaurants to place tables and chairs to half the width of public promenades or belvederes. The policy indicates that in these cases, tables and chairs have to be set facing the road, with pedestrians having the space facing the sea.

Even on promenades, the area reserved for pedestrians is set at a minimum of 1.5 metres – which is barely the space required for two people to walk side by side. 

The new law also regulates the setting up of tables and chairs on both sides of any pavement with a width greater than 2.7 metres. In such cases a 1.5-metre minimum corridor has to be kept as a free passageway for pedestrians.