Licensed Accommodation Regulations, 2021

L.N. 73 of 2021

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Licensed Accommodation Regulations, 2021

IN EXERCISE of the powers conferred by article 47 of the

Travel and Tourism Services Act, the Minister for Tourism and

Consumer Protection has made the following regulations

The title of these regulations

is

the

Licensed

Accommodation Regulations, 2021.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Malta Travel and Tourism Services Act;

"holiday premises" shall have the same meaning as given to

"holiday premises" under the Act;

"occupy" and any variation of the same word throughout these

regulations shall be construed as meaning as not just consisting of

persons staying at a tourism accommodation establishment or a room or

accommodation unit within a tourism accommodation establishment for

at least one overnight, but shall also include any person that is found

present at a tourism accommodation establishment or a room or

accommodation unit within a tourism accommodation establishment

even if such person does not intend in staying overnight at the same;

"tourism accommodation establishments" shall have the same

meaning as assigned to "tourism accommodation establishments"

under regulation 2 of the Tourism Operations (General) Regulation.

(2) Words and expressions used in these regulations and which

are also used in the Act, shall have, unless the context otherwise

requires, the same meaning as in the Act.

The number of persons occupying a tourism

accommodation establishment duly licensed by the Authority or a

room or an accommodation unit within a tourism accommodation

establishment duly licensed by the Authority shall not exceed the

number of licensed beds as indicated in the licence issued by the

Authority

Provided that where a licence of a holiday premises issued

by the Authority does not specify the number of beds, no more than ten

persons shall occupy the licenced holiday premises

Provided further that where a licence of a tourism

accommodation establishment, not being a holiday premises, does not

specify the number of beds per room or accommodation unit, then no

more than two persons shall occupy such room or accommodation unit

within the tourism accommodation establishment.

(1)

Any person who is found to be

Offences and

penalties.

(a) occupying a tourism accommodation establishment

not licensed by the Authority or a room or accommodation unit

within a tourism accommodation establishment not licensed by

the Authority; or

(b) occupying a tourism accommodation establishment

licensed by the Authority or a room or accommodation unit

within a tourism accommodation establishment licensed by the

Authority, where in such tourism accommodation establishment

or room or accommodation unit within a tourism accommodation

establishment more persons than the maximum number of

persons allowed, as referred to in regulation 3, are found

occupying the same,

shall be guilty of an offence and shall, on conviction, be liable to a fine

(multa) of one hundred euro (€100).

(2)

Any licensees and, or operators found to be

(a) providing a holiday premises to more persons than

the maximum persons allowed according to regulation 3 shall be

guilty of an offence and shall, on conviction, be liable to a fine

(multa) of two thousand and three hundred and twenty-nine euro

and thirty-seven cents (€2,329.37); or

(b) providing a room or accommodation unit within a

tourism accommodation establishment, not being a holiday

premises, to more persons than the maximum allowed according

to regulation 3 shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) of two thousand and three

hundred and twenty-nine euro and thirty-seven cents (€2,329.37)

for each room or accommodation unit found to be occupying

more persons than the maximum number of persons allowed

according to regulation 3

Provided that and for the avoidance of any doubt, any

other applicable fines stipulated in he Act and any regulations

made thereunder, in particular but not limited to article 43(1)(b)

of the Act, shall not apply in the case of the offences provided

for under this sub-regulation and it is only the fines indicated in

this sub-regulation that shall apply.

(3) In any such instances contemplated in this regulation, the

Authority may relocate all such persons found occupying the tourism

accommodation establishment or a room or accommodation unit

within the tourism accommodation establishment, irrespective as to

whether the tourism accommodation establishment is licenced or not,

in an alternative premises or to their ordinary residence.

(4)

Any such relocation of persons shall be at the expenses of

(a)

the persons referred to in sub-regulation (1); and

(b) (i) in the case that more persons than the maximum

allowed were found occupying a licensed tourism

accommodation establishment or a room or accommodation unit

within a licensed tourism accommodation, the licensee and the

operator; or

(ii) in the case that persons were found occupying

an unlicensed tourism accommodation establishment, the owner

of and the person providing the tourism accommodation

establishment or a room or accommodation unit within the

tourism accommodation.

(5) The expenses incurred by the Authority in the relocation of

persons under these regulations shall be recoverable as a civil debt by

the Authority from any or all such persons referred to in sub-regulation

(4), who such persons referred to in sub-regulation (4) shall be deemed

as jointly and severally liable between them towards the Authority for

such civil debt.

€0.27