Business Hours Regulations, 2017

L.N. 6 of 2017

TRADING LICENCES ACT

(CAP. 441)

Business Hours Regulations, 2017

IN exercise of the powers conferred by article 17 of the Trading

Licences Act, the Minister for the Economy, Investment and Small

Business, has made the following regulations:-

The title of these regulations is the Business Hours

Regulations, 2017.

(Regulation 3)

Notwithstanding the business hours established in regulation 3 the following

exceptions shall apply

1. Late night shopping

The business hours of any commercial activity can be extended up to 10.00

p.m. on Thursday, Friday and Saturday.

2. Petrol Stations

The business hours for the manual retail sale of automotive fuel shall be as

follows

Mondays to Fridays - 6.00 a.m. to 6.00 p.m.

Saturdays

- 6.00 a.m. to 3.00 p.m.

The business hours for the retail sale of automotive fuel from automated

mode pumps are unrestricted.

For the purpose of these regulations ‘automated mode pumps’ means any

pumps from which a consumer can purchase the fuel without the necessity of being

attended by the owner of the petrol station, or by any of his employees, or by any

other person on his behalf, being present on the station.

3. Lotto Receivers

Lotto receivers may operate as designated by the Authority responsible to

regulate Lotteries and Gaming.

4. Catering Establishments

Catering establishments as defined in the Malta Travel and Tourism Services

Act, night-clubs, discotheques and other premises where dancing is held and an

entrance fee is normally charged, may be kept open on any day up to 1.00 a.m.

Provided that such establishments may remain open for business until 4.00

a.m. of the morrow on Carnival days, Easter Saturday, Christmas Eve and New

Year’s Eve

Provided further these shall be subject to any restrictions or extension as may

be issued by the Minister responsible for Tourism, the Malta Tourism Authority

and the Commissioner of Police.

5. Sale of Essential Items on Sundays and Public Holidays in non-tourist

localities in Malta

Grocers and supermarkets and commercial premises in non-tourist localities

in Malta, predominantly selling the following items may open for business on

Sundays and Public Holidays from 6.00 a.m. to 1.00 p.m. of the same day

(a)

beverages, sweets and tobacco products; or

(b)

fish, crustaceans and molluscs; or

(c)

books, newspapers, stationery and office supplies; or

(d)

photographic, optical and related precision equipment; or

(e)

flowers.

6. Business hours when Cruise Liners call at Harbour

All commercial premises located in Valletta may open for business up to

In these regulations, unless the context otherwise requires

"the Act" means the Trading Licences Act;

"premises" means any shop where goods are sold or services

offered to the public.

(1) Unless otherwise provided under the Schedule to

these regulations, throughout the period from 8 January to 31

October, the normal business hours during which any commercial

activity may be carried out from a premises shall be as follows

(a)

Mondays to Fridays (including public holidays with

the exclusion of Good Friday) - 4.00 a.m. to 7.00 p.m.;

(b) Saturdays (including public holidays) - 4.00 a.m. to

00 p.m.;

(c)

Sundays - between 7.00 a.m. and 5.00 p.m.;

(d) Carnival Sunday and Easter Sunday - between 7.00

a.m. to 5.00 p.m.

Provided that where it is desired that a commercial activity

be carried out on Sunday (excluding Carnival Sunday and Easter

Sunday), the owner of the commercial activity shall designate another

day during the week on which no commercial activity may take place

from such premises. For the purpose of these regulations, this day

shall be known as "the designated day".

(2) Any premises from which a commercial activity is taking

place shall be kept closed outside the business hours and on the

designated day.

(3) In any case the business hours and opening days are to be

clearly displayed outside the commercial premises.

(4) Where the owner of a commercial activity has designated a

day during the week other than Sunday on which no commercial

activity may take place from such premises, the designated day must

be notified to the Commerce Department.

(5) When the owner of a commercial activity informs in

writing the Commerce Department of a designated day, the

commercial premises shall be obliged to remain closed during the

designated day for a period of at least one year, from the date that the

Commerce Department has been informed

Provided that on any day after the Commerce Department

has been informed of the designated day, the Commerce Department

may be informed of a change in the designated day and the period of

one year shall be begin from the day the Commerce Department is

informed of the change in the designated day.

4. (1) Between 1 November and 7 January of the following Business hours

between the 1st

year, both days included, the opening days and business hours shall November and

be Mondays to Sundays from 4.00 a.m. to 10.00 p.m.

the 7th January.

(2) Notwithstanding the notification to the Commerce

Department by the owner of a commercial activity of a designated

day, the commercial activity may still operate on that day as well as

Sunday between 1 November and 7 January of the following year.

5. (1) The Minister may, in certain special circumstances, Exemptions.

by notice in the Gazette

(a)

grant an exemption to the minimum limit of

business hours during which commercial premises may remain

open to carry out commercial activities for the customers; and

(b)

approve the opening of commercial premises on

Sundays.

(2) In an event of a cultural, social or commercial nature held

in any locality, there shall be an exemption from business hours if the

event has been approved by the Commissioner of Police and the

Local Council where the event is proposed to be held

Provided that the Minister may direct that an event shall

not be held on the grounds of public safety or for public policy

reasons.

(3) The provisions of sub-regulations (1) and (2) shall be

without prejudice to any special provision made in relation to

dispensaries under the Medical and Kindred Professions Ordinance.

(4) The provisions of sub-regulations (1) and (2) shall not be

applicable to any commercial activity which is carried out in an

airport, a sea passenger terminal, a hospital, a clinic, a residential

home or from any part of a hotel.

6. (1) Notwithstanding the provisions of the Schedule, the

Minister may, subject to such conditions as he may in every particular

case decide to impose, extend the business hours of any commercial

premises licensed as a catering establishment under the Malta Travel

and Tourism Services Act or licensed as a night-club, discotheque or

other premises where dancing is held and an entrance fee is normally

charged, beyond the time established as business hours for such

premises under the said Schedule.

(2) The owner or manager of any commercial premises as

mentioned above shall apply in writing to the Trade Licensing Unit

for the purpose of seeking authorisation to extend the business hours

of such commercial premises. The Trade Licensing Unit shall, within

seven working days after receiving such application, consult with the

Malta Tourism Authority in order to ascertain whether all relevant

licence fees in respect of such commercial premises have been paid

and shall also request the approval of the Commissioner of Police for

the extension of the business hours of the commercial premises.

Within sixty days after receiving such notification from the Trade

Licensing Unit, the Malta Tourism Authority and the Commissioner

of Police shall send a written reply.

(3) In the event that, within the above-mentioned period of

sixty days, the Malta Tourism Authority indicates that the licence fees

in respect of the commercial premises have not been paid or in the

event that the Commissioner of Police, within the said period, objects

to the extension of business hours, such extension shall not be

granted.

(4) If, after the said period of sixty days, the Trade Licensing

Unit receives no reply from the Malta Tourism Authority or from the

Commissioner of Police it shall be deemed that the Malta Tourism

Authority or the Commissioner of Police, as the case may be, is in

agreement with the granting of the authorisation for the extension of

business hours

Provided that

(a)

the playing of music by whatever means inside

commercial premises when they are not licensed to play

amplified music shall stop by 11.00 p.m. and between 1.00 p.m

and 4.00 p.m.;

(b) amplified music may only be played after 11.00 p.m.

and between 1.00 p.m and 4.00 p.m. in commercial premises

that are covered by a licence for the playing therein of amplified

music;

(c)

subject to the provisions of paragraph (b), the

playing of music by whatever means, in commercial premises

licensed to play amplified music, in such a manner that the

music can be heard outdoors, is prohibited after 11.00 p.m. and

between 1.00 p.m and 4.00 p.m. in all areas and after midnight

in the localities of Bugibba, Qawra and St. Paul’s Bay, with the

exception of the designated areas in Bugibba, Qawra and

Paceville, where no music can be heard outdoors after 1.00

a.m.;

(d) the operation of commercial premises licensed to

open for business from 1.00 a.m. to 4.00 a.m. shall not, during

those hours, cause annoyance or inconvenience to neighbours

by any sound capable of being heard from outside the premises

or by anything done inside or outside the premises.

(5) In the event of failure to comply with the provisions of the

proviso to sub-regulation (4), any member of the Police force not

below the rank of Sergeant shall have the power to order the

immediate remedy of any such breach to his satisfaction and any

member of the Police force not below the rank of Inspector may order

the immediate closure of the premises for a period of twelve hours as

he shall deem appropriate in the circumstances. In the case where the

person having effective control of the commercial premises fails to

comply with any order given to him in terms of this paragraph, the

Commissioner of Police, shall have the power to issue an order in

writing for the immediate closure of the premises and the cessation of

any commercial activity from the said premises for a period of not

more than fifteen days. Subject to the concurrence of the Minister

responsible for Commerce, the said commercial premises may be

closed for a subsequent period not exceeding thirty days

independently of any other punishment to which the offender may

become or may have become liable according to law.

(6) In the case of persistent breaches the Commissioner of

Police shall inform the Trade Licensing Unit of the provisions of the

proviso to sub-regulation (4) which have been encountered in any

licensed commercial premises; the Trade Licensing Unit may, after

granting the licensee of the said premises an opportunity to make

submissions, revoke the licence for the extension of business hours

from 1.00 a.m. to 4.00 a.m. in respect of such commercial premises.

(7) (a)

No amplified music, by live bands or by whatever

means, shall be played in the course of or as part of a commercial

activity between 4.00 a.m. and 9.00 a.m.

(b) Subject to the provisions of paragraph (c), any

commercial activity held in the open-air, in the precints of any

commercial premises, shall come to an end by no later than 1.00 a.m.

(c)

if the premises where an open-air commercial

activity is held are part of any premises licensed as a catering

establishment under the Malta Travel and Tourism Services Act, or

licensed as a night-club, discotheque or other premises where dancing

is held and an entrance fee is charged, and the premises are situated at

a distance of more than 500 metres from any inhabited area, the

licensee may apply to the Minister for an extension of the time limit

laid down in this regulation subject to such conditions as the Minister

may deem appropriate and provided that such limit shall in no case be

extended beyond 4.00 a.m.

Bejgħ mill-kompartiment tal-ġarr ta’ karozza

Attivitajiet kummerċjali li jkunu jikkonsistu fil-bejgħ mill-kompartiment tal-

ġarr ta’ karozza jistgħu biss jiġu ġestiti il-Ħadd jew f’xi Festa Pubblika oħra mis-

6.00 a.m. sas-1.00 p.m.

00 p.m. on any day from Monday to Saturday and up to 6.00 p.m. on Sunday or

any other Public Holiday whenever a passenger liner is berthed on the Valletta side

of the Grand Harbour

Provided that the same business hours apply to commercial premises located

in Bormla, Birgu, Isla and Kalkara when a cruise liner is berthed on the Cottenera

side of the Grand Harbour.

7. Establishments Hiring Carnival Costumes

Commercial activities that specialise in the hiring of carnival costumes may

also open to serve customers from Thursday before Carnival to Carnival Tuesday

up to 10.00 p.m.

8. Commercial Fair Activities

In relation to any premises in respect of which a licence from the Trade

Licensing Unit has been issued for the organisation of a commercial fair or

commercial exhibition or in relation to a commercial fair or commercial exhibition

requiring a permit, in both cases selling by retail or exhibit of goods, the fair or

exhibition may open for business between 9.00 a.m. and 11.00 p.m. on any day,

except on Good Friday.

9. Car Boot Sales

Commercial activities consisting in car boot sales may only be carried out on

a Sunday or any other Public Holiday from 6.00 a.m. to 1.00 p.m.

10. Flowers, plants, seeds and fertilisers

Commercial premises predominantly selling flowers, plants, seeds and

fertilisers may open for business on a Sunday or any other Public Holiday from

6.00 a.m. to 7.00 p.m.

Special opening hours in Malta and Gozo

11.1 Malta

The following provisions shall apply to commercial premises of the kind

indicated here below situated in any of the tourist localities listed hereunder

Birżebbuġa

Cospicua

Gżira

Marsascala

Marsaxlokk

Mdina

Mellieħa

Msida

Rabat

Senglea

Sliema

St Julian’s

St Paul’s Bay

Swieqi

Ta’ Qali Crafts Village in the locality of Attard

Ta’ Xbiex

Valletta Vittoriosa

Wied iż-Żurrieq in the locality of Qrendi

Commercial premises predominantly selling any of the following items may

open for business on any day of the week including Sundays and other Public

Holidays between 6.00 a.m. and 11.00 p.m. of the same day

(a)

beverages, sweets and tobacco products; or

(b)

fish, crustaceans and mollusks; or

(c)

watches, clocks and jewellery; or

(d)

souvenirs, craft-work and religious articles; or

(e)

books, newspapers, stationery and office items; or

(f)

perfumery items; or

(g)

swimming and diving equipment; or

(h)

photographic, optical and related precision items.

Grocers and Supermarkets may remain open on Sunday between 6.00 a.m.

and 5.00 p.m. of the same day.

(1) Commercial premises engaging in following activities in Gozo may

open for business on any day of the week including Sundays and Public Holidays

(a)

from the 8 of January to the 31 October, both days included,

except on Good Friday between 4.00 a.m. and 7.00 p.m. of the same day;

(b) from the 1 of November to the 7 of January of the following year,

both days inclusive: between 4.00 a.m. to 10.00 p.m.

Type of Licence

Retail sale in non-specialised stores with food, beverages and

tobacco predominating

Retail sale of food in specialised stores selling predominantly

fruit and vegetables

Retail sale of food in specialised stores selling predominantly

meat and meat products

Retail sale of food and beverages in specialised stores selling

predominantly alcoholic and other beverages

Retail sale of food and beverages in specialised stores selling

predominantly other food products not elsewhere classified

Retail sale in non-specialised stores in which food products

should not be predominant

Retail sale in specialised store selling predominantly tobacco

products

Retail sale in specialised store selling predominately medical

and orthopaedic goods

Retail sale in specialised store selling predominantly cosmetics

and toiletries

Retail sale in specialised store selling predominantly textiles

Retail sale in specialised store selling predominantly clothing

Retail sale in specialised store selling predominantly footwear

and leather goods

Retail sale in specialised store selling predominantly furniture,

lighting equipment and other household articles

Retail sale in specialised store selling predominantly electrical

household appliances and radio and television goods

Retail sale in specialised store selling predominantly hardware,

paints and glass

Other retail sale in specialised stores selling predominantly

office equipment, computers and non-customised software

Other retail sale in specialised stores selling predominantly

telecommunications equipment

Other retail sale in specialised stores selling predominantly

wallpaper and floor coverings

Other retail sale in specialised stores selling predominantly

carpets and rugs

Other retail sale and maintenance in specialised stores selling

predominantly sports goods, fishing gear, camping goods, boats

and bicycles

Other retail sale in specialised stores selling predominantly

games and toys

Other retail sale in specialised stores selling predominantly

stamps and coins

52.48.13

Other retail sale in specialised stores selling predominantly

non-food products not elsewhere classified

52.5

Retail sale of second hand goods in stores

52.52

Catering; supply of prepared food

(2) Commercial premises in Gozo predominantly selling any of the

following items may open for business on any day of the week including Sundays

and other Public Holidays between 6.00 a.m. and 11.00 p.m. of the same day

(a)

beverages, sweets and tobacco products; or

(b)

fish, crustaceans and mollusks; or

(c)

watches, clocks and jewellery; or

(d)

souvenirs, craft-work and religious articles; or

(e)

books, newspapers, stationery and office items; or

(f)

perfumery items; or

(g)

swimming and diving equipment; or

(h)

photographic, optical and related precision items.

Street Hawkers

The provisions of regulation 3 and the relevant exemptions in this Schedule

shall also apply to street hawkers

Provided that street hawkers can also sell ice cream, fruit, vegetables and fish

on a Sunday and any other Public Holiday in any locality from 6.00 a.m. to 11.00

p.m.

Commercial Activities with Unrestricted Business Hours

The commercial activities listed below can be carried out without any

restriction on the business hours

Commercial activities

Retail sale of food, beverages and tobacco in specialised stores

selling predominantly bread, cakes, flour confectionery and sugar

confectionery

Provided that the above commercial activity shall not include

the sale of alcohol between 9 p.m. and 4 a.m.

Manufacturing activities located in industrial zones

Predominant Construction Services

Predominant Professional & Business Services

Predominant Social & Personal Services

Casino, betting and gambling, provided that such activities shall

be fully restricted on Good Friday and provided further that the business

hours during which such activities may be carried out on any other day

may be restricted by laws or regulations regulating such activities or by

directives, policies or license conditions imposed from time to time by

the Authority responsible to regulate Lotteries and Gaming

Predominant Renting of automobiles and other means of road transport

Predominant Renting of water sports equipment

Predominant Renting of air transport equipment

Predominant Renting of pleasure boats

Predominant Operators of guest houses, holiday premises, hostels and

hotels

Predominant Sale from vending and other automatic machines

excluding any amusement machine or gaming device as defined under the

Lotteries and Other Games Act

This paragraph shall not apply to the sale of goods by retail from any

manufacturing premises.

Business Hours for Open-Air Markets

14.1 Commercial activities in open-air markets may be carried out by market

hawkers on the day or days and during the business hours as follows

OPEN-AIR MARKETS

Days of

Locality

Business Hours

Trading

Birzebbuġa

Triq |arenu Dalli

Thursday

6.30a.m. to 1.00p.m.

Birkirkara

Tr i q Tu m a s F e n e c h , Tr i q i l -

We d n e s d a y

6.30a.m. to 1.00p.m.

}erba, Triq is-Santwarju, Triq

and Friday

Mike Pulis, Triq Nazju Falzon

Bormla/Birgu

Triq il-{ubilew tal-Fidda, Triq

Tuesday

6.30a.m. to 1.00p.m.

Kottonera, Triq Verdala

Floriana

Park and Ride, Flagstone Wharf,

Sunday

6.30a.m. to 1.00p.m.

Hornworks Ditch

Luqa

Triq Wil[a, Misra] i\-|g]azag]

Monday

6.30a.m. to 1.00p.m.

Marsaxlokk

Xatt is-Sajjieda

Sunday

6.30a.m. to 6.00p.m.

Marsaxlokk

Xatt is-Sajjieda

Monday to

6.30a.m. to 5.00p.m.

Saturday

Mosta

Tr i q N i c o l o I s u a r d , Tr i q i l -

Monday

6.30a.m. to 1.00p.m.

Lunzjata (x Triq Wied is-Sir),

Pjazza 10 ta’ Settembru

Naxxar

Triq l-G]enieq, Triq }al-Dg]ejf

Thursday

6.30a.m. to 1.00p.m.

Paola

Triq l-Arkata

We d n e s d a y,

6.30a.m. to 1.00p.m.

T h u r s d a y,

Friday and

Saturday

Qormi

Pjazza tal-Granmastru, Misra]

Saturday

6.30a.m. to 1.00p.m.

Narbona, Parti minn Vjal De La

Cruz to Triq Mons. P.P. Psaila

Rabat

Triq Santa Rita

Sunday

6.30a.m. to 1.00p.m.

Si[[iewi

Pjazza Santa Margerita

Friday

6.30a.m. to 1.00p.m.

Sliema

Pjazza tal-Lunzjata

We d n e s d a y

6.30a.m. to 1.00p.m.

and Friday

Attard

Parking Area (Park Nazzjonali

Sunday

8.00a.m. to 6.00p.m.

Ta’ Qali)

Valletta

Triq l-Ordinanza

Monday to

7.00a.m. to 2.00p.m.

Sunday

Misra] San {akbu

Saturday

6.30a.m. to 1.00p.m.

|abbar

Tr i q A n t o n i o S c i o r t i n o , Tr i q

T u e s d a y,

6.30a.m. to 1.00p.m.

|ebbu[

Loret Vela

We d n e s d a y,

Thursday

Friday and

Saturday

Pjazza

Suq,

Misra ]

Wednesday

6.30a.m. to 1.00p.m.

|ejtun

Indipendenza

Vjal Blue Grotto, Triq Stefan

Thursday

6.30a.m. to 1.00p.m.

|urrieq

Zerafa, Triq Carmelo Caruana

Gozo

Victoria - Pjazza Santa Sabina

Monday to

6.30a.m. to 5.30p.m.

Sunday

14.2 Subject to the following provisions of this regulation, unless otherwise

provided, market hawkers shall not put up their stall in an open-air market before

6.30 a.m. or remain in the said market after 1.00 p.m. of the same day.

14.3 In the case of the open-air market at Marsaxlokk market hawkers shall

not put up their stall before 6.30 a.m. and shall not remain in the market after 5.00

p.m. of the same day from Monday to Sundays.

14.4 In the case of the open-air market at Ta’ Qali on a Sunday, market

hawkers shall not put up their stall before 8.00 a.m. or remain in the market after

5.00 p.m. of the same day.

14.5 In the case of the open-air market at Victoria, Gozo, market hawkers

shall not put up their stall before 6.30 a.m. or remain in the market after 2.00 p.m.

of the same day.

14.6 In the case of the open-air market in Ordnance Street, Valletta, the

following conditions shall apply

(a)

the stalls shall not be put up before 7.00 a.m. or after 8.00 a.m;

(b) the stalls shall not be dismantled before 1.15 p.m. or after 2.00

p.m., by which time the market hawkers shall leave the market;

(c)

without prejudice to the following provisions of this regulation,

during the period between the 13 and the 24 December, both dates included,

market hawkers shall not dismantle their stalls before 8.00 p.m. of the same

day

Provided that on any Sunday or other public holiday falling between such

period, market hawkers shall not dismantle their stalls before 1.15 p.m. or after

2.00 p.m.

14.7 Notwithstanding the foregoing provisions of this regulation, it shall be

lawful for the Police to stop the activities of market hawkers in special events and

occasions.

€1.35