LICENSED ACCOMMODATION REGULATIONS *

LICENSED ACCOMMODATION

SUBSIDIARY LEGISLATION 409.21

LICENSED ACCOMMODATION REGULATIONS *

5th March, 2021

LEGAL NOTICE 73 of 2021.

The title of these

regulations

is

the

Licensed

Accommodation Regulations.

(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

*These regulations have been repealed by Legal Notice 92 of 2026.

LICENSED ACCOMMODATION

within the tourism accommodation establishment.

(1)

Any person who is found to be

(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,

LICENSED ACCOMMODATION

in an alternative premises or to their ordinary residence.

(4)

Any such relocation of persons shall be at the expenses

(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.