MAINTENANCE OF GOOD ORDER AT PLACES OF ENTERTAINMENT REGULATIONS

SUBSIDIARY LEGISLATION 10.40

MAINTENANCE OF GOOD ORDER AT PLACES OF

ENTERTAINMENT REGULATIONS

5th September, 1995

LEGAL NOTICE 124 of 1995, as amended by Legal Notices 111 of 1996,

132 and 149 of 1999, 155 of 2001, 407 of 2007, 93 of 2008, 272 of 2009,

269 of 2011, 426 of 2012, 435 of 2015 and 190 of 2018.

The title of these regulations is Maintenance of Good

Order at Places of Entertainment Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

"admission ticket" means a ticket supplied by the proprietor

showing the total amount paid, including the duty payable under

the Value Added Tax Act;

"arm" means any arm proper or improper as defined in article 64

of the Criminal Code and shall include any imitation thereof;

"Commissioner" means the Commissioner of Police and includes

any officer of the Malta Police Force;

"concert venue" means a place where a musical performance by

one or more performing artists present at the venue is held for an

audience;

"inhabited area" shall have the same meaning assigned to it by

article 2 of the Code of Police Laws;

"performing artist" does not include a disc jockey or an actor

performing a part in a play other than a musical;

"place of entertainment" means any dancing hall, discotheque or

dancing theatre, excluding places where seats are provided for

stage performances or plays to be watched by a completely seated

audience, and includes any other premises licensed for the sale of

wine, beer and spirituous liquor, and any place in the open air,

where any entertainment, show or dancing is carried out but does

not include a concert venue. Any unlicensed venue that is being used

to host outdoor events for persons under the age of seventeen shall, for

the purposes of these regulations, be considered as a place of

entertainment.

"proprietor" in relation to any entertainment means the person

organising or managing the entertainment or who is responsible for

the organisation or management thereof and includes any person

having any pecuniary interest in the entertainment or in the

proceeds thereof, and any person on whose behalf payments for an

entertainment are received; and in the case of a juridical person, the

expression "proprietor" shall also include the manager or any other

principal officer of such juridical person. "Proprietor" shall not

include the Commissioner of land in relation to places of

entertainment or concert venues which consist of streets or other

public property.

In the case of dancing halls, discotheques and dancing

theatres, admission to any part of the premises shall be refused to

anyone who is not provided with an admission ticket by the

proprietor.

No one shall be permitted to enter or to remain inside a

place of entertainment or a concert venue, who is not properly

dressed to the satisfaction of the proprietor.

The Commissioner may search any person while gaining

admission to, while inside or while leaving any place of

entertainment or concert venue.

(1) Persons under the age of seventeen shall not be allowed

inside a place of entertainment, and young persons over the age of

seventeen years shall prior to admission to any such place produce

and show their legally valid identification document to the

proprietor.

(2) Persons under the age of seventeen shall be allowed inside

a place of entertainment if the proprietor applies for permission to

allow persons under the age of seventeen to be permitted inside his

place of entertainment and is granted such permission. Such

permission shall be subject to the condition that wines, beers or

spirituous liqueurs are not to be displayed, served, sold or

consumed on such premises; conditions may also be attached to

s u c h p e r m i s s i o n r e g a r d i n g d a t e , t i m e a n d p l a c e as may be

appropriate

Provided that whenever an outdoor event is being organised

for such persons in unlicensed venues, such event shall be covered

by a bank guarantee of five thousand euro (€5,000)

Provided further that outdoor events held in areas of 750

square metres or less shall not be subject to a bank guarantee.

(3) The proprietor shall be responsible to ensure that, when

persons under the age of seventeen are allowed in his place of

entertainment, no wines, beers or spirituous liquors are displayed,

served or consumed on the premises.

(4) Sub-regulation (1) shall be reproduced on the admission

ticket to any place of entertainment and any such ticket shall also

state that the holder shall only be admitted upon the production of a

legally valid identification document, evidencing his identity.

(5) Any proprietor who is found in breach of this regulation shall

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

(multa) of one thousand two hundred and fifty euro (€1,250) for each

person under the age of seventeen at the place of entertainment, and

the court shall, at the request of the prosecution, suspend the relative

licence for a period of seven consecutive days, in addition to any

punishment to which he is liable under regulation 15.

(6) Persons under the age of seventeen may be allowed inside a

concert venue

Provided that

(a) where alcoholic beverages are sold or made available

at a concert venue to which persons under the age of

seventeen are admitted, such alcoholic beverages shall

only be sold or served in a physically separate area of

the concert venue as indicated or approved by the

Commissioner to which access shall be limited to

persons over seventeen years of age; and

(b) the Commissioner may if he considers it necessary

(i)

order the proprietor to observe any conditions

and to make any arrangements as the

Commissioner may notify to the proprietor for

the purpose of preventing the happening of any

violation of the law relating to the maintenance

of public order at the concert venue or relating

to the sale of alcoholic beverages or tobacco

products to persons who are not legally entitled

to purchase such products at or in the vicinity of

the said venue;

(ii) require the proprietor to provide a bank

guarantee

to

the

satisfaction

of

the

Commissioner and in an amount not exceeding

fifty thousand euro (€50,000) for the purpose of

guaranteeing that no alcoholic beverages will be

sold to or consumed by persons under the age of

seventeen at the concert venue and for the

purpose of guaranteeing the observance of all

the obligations and conditions relating to the

order referred in sub-paragraph (i).

(7) Any employee to be present at any outdoor event being

held for persons under the age of seventeen shall be vetted by the

Commissioner to ensure that such employee is of good conduct.

The proprietor shall, to this effect, submit to the Commissioner a

list of employees to be present at the outdoor event not less than

two weeks before the outdoor event is held.

(1) Any person who while entering, is within, or is leaving

a place of entertainment or a concert venue has in his possession

any arm or who conducts himself in a manner likely to cause a

breach of the peace shall be guilty of an offence against the

provisions of these regulations.

(2) No one shall be allowed to obstruct any part of the premises

reserved for dancing.

(3) No one shall be allowed in any part of the premises to

which admission is forbidden.

(4) The Commissioner may remove from the premises any

person who is disorderly or who disobeys his lawful orders.

(5) In the case of serious disorder, the Commissioner may stop

the entertainment at any time and close the premises and require the

public to leave the premises.

The proprietor shall display the admission charges in a

conspicuous place at the entrance to the premises of a place of

entertainment or a concert venue in respect of each show, event or

entertainment.

(1) Smoking in the space or spaces reserved for dancing in

a place of entertainment is prohibited.

(2) The proprietor may permit smoking in such space or spaces

in the open air which are not roofed over.

(3) The proprietor shall ensure that such portion, as is

considered adequate by the Commissioner, of those areas of a place

of entertainment or of a concert venue which are open to the public

and not falling under the provisions of sub-regulations (1) and (2),

shall be reserved as areas where smoking is prohibited and such

areas shall be indicated by appropriate notices

Provided that where the Commissioner is of the opinion that the

total area of those areas of a place of entertainment or of a concert

venue to which this paragraph applies is so small as not to allow for

a portion thereof to be reserved as ar eas where smoking is

prohibited, the Commissioner may exempt the proprietor from

providing such reserved areas as aforesaid.

(4) The Commissioner may prohibit smoking in those areas of

a place of entertainment or of a concert venue not having adequate

fire-fighting precautions as approved by him or not having

adequate ventilation as approved by him. These area shall also be

indicated by appropriate notices.

(5) Any direct or indirect promotion by means of the free

distribution of cigarettes, cigars, or other tobacco products to

persons in a place of entertainment or a concert venue is prohibited.

Any party, concert or disco taking place in the open air

shall come to an end by not later than 2.00a.m

Provided that where the place in the open air where the

party, concert or disco is to take place is part of premises licensed

as a place of entertainment which lies at a distance of more than

five hundred metres from any inhabited area, the licensee of the

premises may apply to the Commissioner for an extension of the

time limit laid down in this regulation subject to such conditions as

the Commissioner may deem appropriate and provided that such

time limit shall in no case be extended beyond 4.00a.m.

No permit or licence shall be granted which allows a party,

concert or disco in an enclosed place of entertainment or concert

venue to commence or to continue between 4.00a.m. and 9.00a.m.

(1) The permit or licence authorising a party, concert or

disco at any place of entertainment or concert venue shall lay down

the maximum number of persons which may be admitted to the

place of entertainment or concert venue.

(2)

Where the number of persons at any place of entertainment

or at the concert venue exceeds the maximum number laid down in

the relative permit or licence, the proprietor and the owner or

administrator of the place of entertainment or of the concert venue

as the case may be shall be guilty of an offence and shall be liable

to the same punishments laid down in regulation 6(4).

The Commissioner of Police shall refuse any application

f o r a p e r m i t o r l i c e n c e f o r t h e o rg a n i z a t i o n o f a n y p u b l i c

entertainment where he is not satisfied that the character and

antecedents of the applicant, proprietor, disc jockey or performing

artist are not such as to give sufficient guarantee that no drug or

other abuses will take place during the entertainment.

(1) Any person, other than the proprietor or his

employees, who commits an offence against these regulations shall

be liable on conviction to a fine (multa) of not less than sixty euro

(€60) but not exceeding one hundred and twenty euro (€120), and

in the case of a second or subsequent conviction to a fine (multa) of

not less than one hundred and twenty euro (€120) but not exceeding

two hundred and fifty euro (€250).

(2) Where a person has been found guilty of any offence

a g a i n s t t h e s e r e g u l a t i o n s t h e c o u r t m a y, i n a d d i t i o n t o t h e

punishment awardable under sub-regulation (1), prohibit the

offender from attending at any place of entertainment or concert

venue for a period not exceeding one year.

(1) In the case of offences committed by the proprietor or

his emplo yees against these regulations, the co urt shall on

conviction award a fine (multa) of not less one thousand euro

(€1,000) but not exceeding two thousand euro (€2,000) and in the

case of a second or subsequent conviction a fine (multa) of not less

than two thousand five hundred (€2,500) but not exceeding five

thousand (€5,000) saving the provisions of sub-regulation (2).

(2) In the case of a second or subsequent offence against these

regulations, other than an offence against regulation 9, the court

shall at the request of the prosecution suspend the relative licence

for a period of not less than two months but not exceeding twelve

months.

Where any person has been found guilty of an offence

against these regulations, which offence, under the Criminal Code

or any other law, is liable to a penalty graver than that provided

un d e r t h e s e r e gu l a ti o n s , t h e c ou r t s h a l l a w a r d s uc h gr a v e r

punishment.

(1) The Minister responsible for Home Affairs shall

appopint a board to be styled the Health and Safety Monitoring

Board, hereinafter in this regulation referred to as "the board",

which shall be composed of a chairman and three members, one of

whom shall act as secretary to the Board, to be appointed from

amongst persons who are experienced in matters relating to health,

safety, noise pollution and civil protection.

(2) The board shall have the right to regularly monitor all

places of entertainment to ascertain that health, noise levels and

safety conditions meet satisfactory standards and for such purpose

shall have the right to inspect any place of entertainment or concert

venue at any time.

(3) The board shall have the right to order any proprietor of any

premises used or intended to be used as a place of entertainment or

as a concert venue to carry out, within a period of time to be fixed

by the board, such alterations, additions and adjustments of any

nature or any other measure as the board may deem fit to ensure

satisfactory health, noise levels and safety conditions.

(4) Any person who wilfully obstructs any member of the

board in the execution of his duties under these regulations shall be

guilty of an offence against these regulations.

(5) Notwithstanding the provisions of any other law, where a

proprietor fails to implement any order as is referred to in sub-

regulation (3), the Commissioner of Police shall have the right to

refuse the renewal of any licence or permit relating to the premises

to which the order refers.

(6) Before issuing or renewing any permit or licence for any

place of entertainment or concert venue, the Commissioner of

Police shall have the right to seek the advice and recommendations

of the board on the conditions of such licence or permit.