Catering Establishments (Amendment) Regulations, 2010

L.N. 290 of 2010

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Catering Establishments (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 47 of the

Malta Travel and Tourism Services Act, the Prime Minister on the

recommendation of the Malta Tourism Authority, has made the

following regulations:-

The title of these regulations is the Catering

Establishments (Amendment) Regulation, 2010 and they shall

be read and construed as one with the Catering Establishments

Regulations, 2004, hereinafter referred to as “the principal

regulations”.

Regulation 5 of the principal regulations shall be

substituted as follows:-

“5 (1) Restaurants shall be classified in three

different grades, denoted as “First Class”, “Second Class” and

“Third Class”.

(2) Snack Bars shall be classified in two different

grades, denoted as “First Class” and “Second Class”.

(3) Bars shall be classified in two different grades

denoted as “First Class” and “Second Class”.

(4) Nightclubs and Discotheques shall be classified in

one grade, denoted as “standard”.

(5)

Kiosks shall be classified in one grade, denoted as

“standard.”.

In sub-regulation (2) of regulation 7 of the principal

regulations, immediately after the words “reasonable notice” there

shall be added the words “and justification”.

For paragraph (b) of regulation 8 of the principal Amends regulation

regulations, there shall be substituted the following:-

“(b) the relative plans for development or for

upgrading are in conformity with any applicable regulations

and with any guidelines that shall have been issued and made

public by the Authority from time to time.”.

Regulation 10 of the principal regulations shall be Amends regulation

amended as follows:-

(a) the whole regulation shall be renumbered as sub-

regulation (1) thereof; and

(b) immediately after sub-regulation (1) as renumbered

there shall be added the following new sub-regulation:-

“(2) For the purposes of sub-regulation (1) hereof,

the Authority shall consider any of the following factors

in order to assess the adequacy and appropriateness of

the operator’s qualifications or experience:-

(a) the type of and grading of the catering

establishment being applied for and the operator’s

qualifications and experience in managing same;

(b) the type and range of cuisine to be

offered at the catering establishment and the

operator’s qualifications and experience in such

cuisine;

(c) where the operator has already run a

catering establishment, his regulatory compliance

history.”.

For sub-regulation (3) of regulation 11 of the principal Amends regulation

regulations, there shall be substituted the following:-

“(3) All persons licensed to operate catering

establishments shall ensure that swill is collected only

by persons duly licensed for the purpose by the relevant

competent authority.”.

Regulation 12 of the principal regulations shall be

amended as follows:-

(a) in paragraph (c) of sub-regulation (3), for the

words “application form.” there shall be substituted the words

“application form, including a copy of the police permit and

other permits where applicable:”;

(b) immediately after paragraph (c) of sub-regulation

(3), there shall be added the following new provisos

“Provided that the Authority may impose such

requirements, conditions and limitations in the licence as it may

consider necessary, appropriate and proportionate in accordance

with the Act and regulations made under it

Provided further that such licence does not relieve the

licensees and operators from the obligation of obtaining any other

permits required by any other laws and regulations which are

current at the time.”; and

(c) immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulation

“(4) Without prejudice to their obligations in

terms of any applicable laws and regulations, licensees

and operators of tourism establishments licensed to

play amplified music shall at all times conform to the

provisions of the Trading Licenses Regulations, 2006.” .

In regulation 17 of the principal regulations, the words

“two thousand and three hundred and twenty-nine euro and thirty-

seven cents (€2,329.37)” shall be substituted by the words “two

thousand and three hundred euro (€2,300)”.