CONTROL OF THE SALE AND DISTRIBUTION OF TICKETS AND PROMOTIONAL MATERIAL FROM PUBLIC SPACES REGULATIONS

TICKETS AND PROMOTIONAL MATERIAL

FROM PUBLIC SPACES

SUBSIDIARY LEGISLATION 441.12

CONTROL OF THE SALE AND DISTRIBUTION OF

TICKETS AND PROMOTIONAL MATERIAL FROM

PUBLIC SPACES REGULATIONS

10th September 2025

LEGAL NOTICE 179 of 2025 as amended by Legal Notice 193 of

2025.

The title of these regulations is the Control of the Sale

and Distribution of Tickets and Promotional Material from Public

Spaces Regulations.

The scope of these regulations is to regulate the conduct

of 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

"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

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

TICKETS AND PROMOTIONAL MATERIAL

FROM PUBLIC SPACES

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

TICKETS AND PROMOTIONAL MATERIAL

FROM PUBLIC SPACES

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

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

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

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.

TICKETS AND PROMOTIONAL MATERIAL

FROM PUBLIC SPACES

(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.