Material from Public Spaces Regulations, 2025

L.N. 179 of 2025

TRADE LICENCES ACT

(CAP. 441)

Control of the Sale and Distribution of Tickets and Promotional

Material from Public Spaces Regulations, 2025

IN EXERCISE of the powers conferred by article 17(k) of the

Trade Licences Act, the Minister responsible for commerce has made

the following regulations

(1) The title of these regulations is the Control of the Sale Title and

and Distribution of Tickets and Promotional Material from Public commencement.

Spaces Regulations, 2025.

(2) These regulations shall come into force within two (2)

months from their date of publication in the Gazette.

The scope of these regulations is to regulate the conduct of Scope.

any person who sells or distributes, or allows the sale and distribution

of tickets and promotional material for commercial purposes in order

to eliminate unlicensed advertising in spaces which are public or

accessible to the public.

In these regulations, unless the context otherwise requires

Interpretation.

"the Act" means the Trade Licences Act;

"advertisement" means any image, word, letter, model,

sign, poster, product, device, board, notice, leaflet, brochure or

design, representation or communication, notice or direction

whether illuminated or otherwise, physical or digital, that has the

character of advertising and is used wholly or partially for that

purpose, and includes any billboard or similar structure, platform

or other medium, used or adapted to display an advertisement,

including but not limited to electronic means;

"competent authority" means any section, department,

body, agency or authority under the law, that issues a licence or

permit in respect of a person or commercial establishment and,

or who may enforce the law, including the Police Force, or any

contractor duly authorised by the said competent authority in

accordance with these regulations;

"Council" means a local council in accordance with the

provisions of the Local Government Act, or a duly authorised Cap. 363.

contractor by the Council for specific scopes of these regulations;

"museum" shall have the same meaning as assigned to it in

the Cultural Heritage Act;

"officer" means any person appointed to carry out duties in

accordance with these regulations and authorised to issue fines

and penalties in accordance with these regulations, and includes

any officer of the competent authority, any officer of the Police

Force, or any other authorised entity that may issue fines and

penalties in accordance with these regulations;

"public space" means any location to which the public

generally has free and unrestricted access or use, including but

not limited to public domain urban spaces such as streets and

squares, as well as open and recreational spaces.

No person may, from a public space

(a)

offer, give, promote, sell products and, or services;

and, or

(b) sell, distribute

or

advertise

tickets

and,

or

promotional material;

unless from locations, establishments or structures, whether

fixed or temporary, covered by a licence or permit for such purpose

issued by a competent authority and with the consent of the licence or

permit holder

Provided that the provisions of this regulation shall not

apply to museums, cinemas and theatres, unless the advertising is done

in the premises or establishment itself;

Provided further that the provisions of this regulation shall

not apply to persons offering or promoting products and services, or

selling or distributing tickets and promotional material from an open-

air site where an event is going to be held, provided that the

aforementioned acts are carried out in the said site that has all the

required permits and licences, and such advertising activities are

carried out only during the period stipulated in the said issued permits

and licence.

(1) The competent authority and, or the Council may,

immediately and without the need for further notice remove, store and

dispose of any advertisement placed in a location, establishment or

space not covered by a licence or permit in accordance with these

regulations, at the expense of the person failing to comply with these

regulations

Provided that an advertisement which is removed or stored

shall be catalogued in an inventory which is drawn up immediately at

the location and a copy of the inventory shall be provided to the person

from whom the items were taken

Provided further that any advertisement removed or stored or

still in the process of being disposed of, shall not be returned to its

owner before the fee imposed by the Police Commissioner or the

competent authority is paid in accordance with these regulations.

(2) The competent authority shall not be held responsible for any

damage caused when removing, storing, and, or disposing of

unauthorised advertisements in accordance with these regulations.

(1) Where a breach of these regulations occurs, the Fines, penalties

competent authority may issue a fine to any person who participates in, and

enforcement

promotes, owns or operates an activity, premises, establishment, provisions.

commercial activity, company, or fixed structure indicated in the

tickets or promotional material, and any other person who permits

such action and fails to comply with these regulations. In such cases,

the procedures, fines and penalties stipulated in these regulations shall

apply, and this without prejudice to any further action in accordance

with article 19 of the Act.

(2) When a person breaches any provision of these regulations,

he shall be liable to the following fines and penalties according to the

case

(a)

one thousand, one hundred and sixty euro

(€1,160.00) for the first breach of these regulations;

(b) two thousand, three hundred and twenty-five euro

(€2,325.00) for a second or subsequent breach of these

regulations;

(c) fifty euro (€50.00) daily penalty, if the breach persists

after ten (10) days from the service of the fines stipulated in

paragraphs (a) and (b)

Provided that this penalty shall be imposed without

prejudice to any other fine or other amount payable or due to the

competent authority in accordance with the provisions of the

Act

Provided further that when a person is subjected to a

daily penalty for different breaches related to the same activity or

site, the daily penalties shall accumulate separately and shall

continue to accumulate until the relative breach is remedied to

the satisfaction of the competent authority. Illegalities breaching

existant orders shall continue to be considered separately and

cumulatively.

(3) Notwithstanding the provisions of any other law, no

warrant of prohibitory injunction or other order shall be issued or

given by any court to prevent the competent authority from exercising

any of the powers granted to it under these regulations.

(4) All costs incurred by the competent authority in exercising

any of the powers under these regulations may be recovered as a civil

debt by the competent authority from any of the persons indicated in

sub-regulation (1), or from the said persons jointly, without prejudice

to such person’s right to recover such costs from any other person.

The competent authority designated to carry out the duties

in these regulations may, for the purpose of enforcement of these

regulations, adopt the necessary safeguards to communicate the data

and information of any person who has breached these regulations to

other government entities, as may be required.

€0.36