ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS REGULATIONS

SUBSIDIARY LEGISLATION 441.04

ACTIVITIES REQUIRING PERMIT BY LOCAL

COUNCILS REGULATIONS

1st June, 2002

LEGAL NOTICE 119 of 2002, as amended by Legal Notices 233 of 2002,

37 of 2004, 426 of 2007, 129 and 269 of 2009, 248 of 2011, 474 of 2012,

154 of 2015, 193, 251 of 2016, 222 and 436 of 2018, 175 of 2019, 269 of

2022 and 123 of 2023.

The title of these regulations is Activities Requiring Permit

by Local Councils Regulations.

Amended by

L.N. 222 of 2018;

(Regulation 5(5))

L.N. 269 of 2022.

General conditions that shall apply for every licence, permit or authorisation

to be issued from the Local Council

1. For a licence, permit or authorisation to be issued from the Local Council to

any person, an application shall be submitted to the Local Council where the activity

is to be held, on the prescribed form and this form shall reach the Local Council at

least forty-eight hours prior to the activity, during office hours and office days

Provided that a licence, permit or authorisation may be issued by the Local

Council even if an application reaches the Local Council in less than forty-eight (48)

hours prior to the activity, against the fees established in Schedule B to the principal

regulations.

2. The applicant shall pay the fees due as stipulated in Schedule B.

3. If the application is not granted, the fees paid shall be refunded to applicant

Provided that the fee shall not be refunded if applicant cancels the

application or if the application is revoked by the Local Council or any other

authority due to a breach of any of the conditions.

4. Every licence, permit or authorisation issued by the Local Council is not

transferable.

5. Where more than one application is received for an activity to be held in the

same place and on the same date, the first application received shall be given

priority. If applications are received simultaneously, the applicant who resides in the

locality shall be given preference. If all the applicants are from the locality, or if

none of them resides in the locality, the Local Council shall draw by lot the

application to be chosen in the presence of the applicants.

6. An applicant who is granted a licence, permit or authorisation from the

Local Council or in the case of a market-hawker, his substitute as stipulated in these

regulations, shall be present at all times during the activity for which a licence,

permit or authorisation have been issued, and shall be personally responsible for any

breach of conditions of the aforementioned licence, permit or authorisation even if

such breach is committed by his dependent or any other person acting as substitute.

7. In case the activity shall have effect on the traffic flow, applicant shall

provide the Local Council with all the details regarding the traffic signs related to

any obstacle that drivers may encounter and also the direction and information to

follow.

If in the opinion of the Local Council, a community officer must be present

during the activity, applicant shall also pay, together with the fees established in

Schedule B, as fee as established by the Agency.

In

these

regulations,

unless

the

context

otherwise

requires -

"Act" means the Trading Licences Act;

"activity" means any activity that requires a permit or licence

from the Local Council according to these regulations;

"Agency" means the Local Enforcement System Agency as

established in the Local Enforcement System Establishment as an

Agency) Order;

"applicant" includes any individual association or body of

persons or any other entity, which applies to the Council according

to these regulations;

"authorisation" means any authorisation, permit or licence which

may be issued by the Local Council according to these regulations;

"establishment" includes any shop, showroom, stall, store or any

other premises from where any commercial activity is carried on;

and includes any enclosed area within which commercial fairs are

held and includes also any other premises as may be prescribed

from which any service may be provided;

"goods" means any thing, product, commodity, articles and

merchandise exposed or offered for sale in any open-air market;

"Local Council" shall have the same meaning as assigned to it by

the Local Government Act and any reference to Local Council shall

be deemed to be a reference to the Local Council of that locality

where the activity is to be held or where the open-air market is to

be established;

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

Act;

"market hawker" means any person having a valid licence issued

from the regulatory authority to act as a market hawker;

"Minister " means the Minister responsible for Local

Government;

"open-air market " means any one of the markets listed in the

Fourth Schedule to the Trading Licences Regulations;

"refuse" means any waste or material intended to be disposed of;

"relative fee " means the fee that shall be paid for such

authorisation, permit or licence according to Schedule B;

"stall " means any vehicle, compartment, bench, board, trolley,

table or receptacle or a combination thereof placed in an open-air

market for the sale of goods;

"stall space " means the area delineated by ground markings

defining the space allocated to a market hawker and includes the

height of such space;

"street " shall have the same meaning as assigned to it by the

Code of Police Laws, provided that there shall be excluded any

quay or other public zone along the sea-shore while registered

fishermen are utilizing same for fishing purposes and, or the

temporary or urgent maintenance of fishing craft which are duly

licensed by the competent authority for fishing purposes;

"vehicle" means any vehicle whether mechanically propelled or

not and includes any cycle, cart, wagon or trailer.

Amended by

L.N. 233 of 2002;

(Regulations 4, 7, 8, 11)

L.N. 426 of 2007;

L.N. 129 of 2009;

L.N. 154 of 2015;

L.N. 222 of 2018;

L.N. 269 of 2022;

L.N. 123 of 2023.

Fees leviable for permits issued in accordance with these regulations

Kiddie Ride Machines and automatic vending machines

1. To place in any street amusement machine known as Kiddie Ride

Machine per annum o part thereof ........................................................... €46.59

2. To place in any street automatic vending machine per annum or part

thereof ................................................................................................... €23.29

Deposit of building material or other material

3(a) For the deposit of building material or other material in any street for

every metre square (m 2 ) or part thereof for every day or part thereof

……...............…............................................................................................. €2.33

(b) For the placing of a scaffolding in any street for every metre square

(m 2 ) or part thereof for every day or part thereof

…............................................................….................................................... €2.33

Deposit or use of Crane or other Machinery

4. (a) For the deposit or a crane or other machinery of a size not

exceeding 10m 2 in any street during erection, construction or

demolition of any building or similar project for each site

where such machinery is situated for every day or part thereof . €10.00

(b) For the deposit or a crane or other machinery of a size

exceeding 10m 2 in any street during erection, construction or

demolition of any building or similar project for each site

where such machinery is situated for every day or part thereof €15.00

Placement of Tables and Chairs

5. For the placement of tables and chairs for every metre square or part

thereof for every day .............................................................................. €1.16

Placement of Stall or Kiosk

6. For the placement of stall or kiosk in any street for a period of three

days or part thereof ................................................................................. €23.29

Free Licenses and Permits

7. (i) For the placement of stall or kiosk for the exclusive sale of

Maltese nougat ........................................................................ Nil

(ii) For the placement or deposit of building material or other

material or scaffolding in any street in connection with national

projects or European Union projects ...........................

Nil

(iii) For the placement or deposit of boundary wall endorsing a

construction site during construction works, to restrict access

and provide protection to the public ......................................... Nil

Occasional Entertainment

8. To hold a public show, exhibition, small games, a fair, a tombola or

any other public entertainment or similar activity in any street in the

locality on any special or specific day or days for every day or part

thereof ................................................................................................... €6.99

9. To hold any other occasional entertainment on any specific day for

every day or part thereof ......................................................................... €6.99

10. For the playing of musical instrument and or for the use of

loudspeakers and or amplifiers for every day or part thereof .................... €4.66

11. To hold aquatic or other sports except a sporting activity that is

organized across more than one locality or on a national basis on any

specified day .......................................................................................... €2.33

12. To hold any other occasional entertainment except any disco, ball,

dance or any other small or similar activity irrespective of the name by

which it is called on any specified day .................................................... €6.99

13. For any licence, permit or authorisation to be issued, when an

application reaches the Local Council in less than forty-eight (48) hours

prior to the activity, an additional fee of thirty euro (€30) shall be paid.

LOCAL COUNCIL (Coat-of-Arms)

Substituted by

L.N. 123 of 2023.

APPLICATION FOR THE DEPOSIT OF BUILDING MATERIAL

OR OTHER MATERIAL OR SCAFFOLDING IN ANY STREET

Details of applicant: ......................................Date: ...................

Name and Surname: ..................................................................

Address: ....................................................................................

ID. Card No: .................................

VAT Reg. No (if applicable): ..................................

Details of site where the deposit is intended.

Address:.......................................................................................

Description of the material/scaffolding (including the quality and quantity/

volume) ................................................

Period of the deposit: from .......................... to: .........................

Documents attached

Site-plan of the location where the material/scaffolding is to be deposited.

Signature of Applicant

FOR OFFICIAL USE

Date and time when application is received: .................... Registration No

Fee paid: ................................ Receipt No: ...........................

Documents attached

Site plan of the location where the material/scaffolding is to be deposited: YES/

Special conditions by Council: ...................................................

Permit No: ...................... Valid from .................... to .................

Office Rubber Stamp

Executive Secretary signature.

(Regulation 6)

LOCAL COUNCIL (Coat-of-Arms)

APPLICATION FOR THE PLACEMENT OF KIDDIE RIDE MACHINES

OR AUTOMATIC VENDING MACHINES

Details of applicant: .......................................... Date: .......................

Name and Surname: ..............................................................................................

Address: ...............................................................................................................

ID. Card No: ..................................... VAT Reg. No (if applicable): .....................

Details of the site where the Kiddie Ride Machine or the automatic vending

machine is to be placed.

Documents attached

1. Photo and measurements of machine

2. Photo arid site plan of location

3. Copies of permits (details)

Address: ...............................................................................................................

Description: Kiddie Ride Machine /Automatic Vending Machine

Goods intended for sale from automatic vending machine ....................................

Signature of Applicant

An application must be submitted for every Kiddie Ride Machine or automatic

vending machine.

FOR OFFICIAL USE

Date and time when application is received: .......................... Reg. No: ................

Fee paid: ............................. Receipt No: ..........................

Documents attached

1. Photo and measurements of machine YES / NO

2. Photo and site plan of location

YES / NO

3. Copies of permits (details)

YES / NO

Special conditions by Council: ..............................................................................

Permit No: ......................... Valid up to 31st December: .......................

Office Rubber Stamp

Executive Secretary signature

(Regulation 8)

LOCAL COUNCIL (Coat-of-Arms)

APPLICATION FOR THE DEPOSIT OR USE OF CRANE OR OTHER

MACHINERY

Details of applicant: .......................................... Date: .......................

Name and Surname: ..............................................................................................

Address: ...............................................................................................................

ID. Card No: ..................................... VAT Reg. No (if applicable): .....................

Details of the site where deposit is intended.

Address: ...............................................................................................................

Period in use: from: ....................................... to: ..............................

Type of machinery to be used or deposited

Site plan of the location where the deposit or use is required

Signature of Applicant

FOR OFFICIAL USE

Date and time when application is received: .......................... Reg. No: ................

Fee paid: ............................. Receipt No: ..........................

Documents attached

1. Site plan of the place where the machinery is to be deposited

YES / NO

2. Traffic Scheme - list of traffic signs (markings to be used)

YES / NO

Special conditions by Council: ..............................................................................

Permit No: ......................... Valid from: ....................... to: ........................

Office Rubber Stamp

Executive Secretary signature

(Regulation 9)

LOCAL COUNCIL (Coat-of-Arms)

APPLICATION FOR THE PLACEMENT OF TABLES AND CHAIRS

Details of applicant: ....................................... Date: ...........................

Name and Surname: ..............................................................................................

Address: ...............................................................................................................

ID. Card No: ............................... VAT Reg. No (if applicable): ......................

Details of the site where tables and chain are to be placed

Address: ...............................................................................................................

Area ........................... m 2

Site plan and measurements of the area to be utilized.

Days of activity for which permit is requested: from ............... to .....................

I .................................... confirm that the area for which a permit is requested is

not adjacent to any catering establishment; or the area is adjacent to a catering

establishment and that I am the licence holder of the establishment.

Signature of Applicant

FOR OFFICIAL USE

Date and time when application is received: .......................... Reg. No: ...............

Fee paid: ................................. Receipt No: .......................

Documents attached

Site plan and measurements of the area to be utilized

YES/NO

Special conditions by Council: ..............................................................................

No of litter bins on location ..........................................

Permit No: ................................. Valid from: ........................... to ......................

Office Rubber Stamp

Executive Secretary signature

(Regulation 11)

LOCAL COUNCIL (Coat-of-arms)

APPLICATION FOR PUBLIC ENTERTAINMENT OR SIMILAR ACTIVITY

Details of applicant: ....................................... Date: ...........................

Name and Surname: ..............................................................................................

ID. Card No: ................................. VAT Reg. No (if applicable): .......................

Details of where the activity is to be held

Type of activity (mark as applicable)

Public Show ..................... Exhibition ...................... Small Games ......................

Fair ................... Tombola .................... Other Activity (specify) .........................

Site plan and measurements of the area to be utilized

Area ........... m 2

Day or days for which permit is required: from ...................... to ......................

Street lighting decorations

YES/NO

Use of generator

YES/NO

Signature of Applicant

FOR OFFICIAL USE

Date and time when application is received: ..................... Reg: No: ...............

Fee paid: ......................... Receipt No: ..........................

Documents attached: site plan of the area to be utilized

YES/NO

Special conditions by Council: ..............................................................................

Permit No: .................................. Valid from: ............... to .......................

Office Rubber Stamp

Executive Secretary signature

(Regulation 5)

LOCAL COUNCIL (Coat-of-arms)

APPLICATION FOR AUTHORISATION TO CARRY ON AN ACTIVITY

IN AN OPEN AIR MARKET

Details of applicant: ................................................... Date: .............................

Name and Surname: ..............................................................................................

Address: ...............................................................................................................

ID. Card No: ............................... VAT Reg. No (if applicable): ........................

Details of stall

Stall measurements: ..............................................................................................

Goods intended for sale: .......................................................................................

Regulatory Authority licence no: ...............................

Signature or Applicant

FOR OFFICIAL USE

Date and time when application is received: .................. Reg. No: .....................

Documents attached

Licence from Regulatory Authority

YES/NO

Special conditions by Council

Stall allocated ........................................ No of litter bins ......................

Permit No: ................................. Valid from ...................... to .........................

Office Rubber Stamp

Executive Secretary signature

(Regulation 10)

LOCAL COUNCIL (Coat-of-arms)

APPLICATION FOR THE PUTTING UP OF ANY STALL OR KIOSK

Details of applicant: ....................................... Date: ...............................

Name and Surname: ..............................................................................................

Address: ...............................................................................................................

ID. Card No: ................................... VAT Reg. No (if applicable): .....................

Details of the site where the stall or kiosk is to be put up

Address: ...............................................................................................................

Documents attached

Photo of stall/kiosk

YES/NO

Copy of licence

YES/NO

Days of activity for which permit is requested: from: .................. to .....................

Make and size of the stall and kiosk: .....................................................................

Goods intended for sale: .......................................................................................

Signature of applicant

FOR OFFICIAL USE

Date and time when application is received: ........................ Reg. No: .................

Fee paid: ................................... Receipt No: ...........................

Documents attached

Photo of stall/kiosk

YES/NO

Copies of Permits

YES/NO

Special conditions by Council: ..............................................................................

No of litter bins in the area: ...................... Stall No: ...................................

Permit No: ............................. Valid from ......................... to ........................

Office rubber stamp

Signature of Executive Secretary

(1) Every application in accordance with these regulations

must be submitted to the Local Council where the activity is to take

place on the prescribed form in the Schedule.

(2) The application must reach the Local Council as established

in these regulations.

(3) Every authorisation issued by the Local Council shall be

subject to the terms and conditions applicable to a particular

activity in accordance with these regulations.

(1) Each application shall be numbered, dated on receipt

and registered in a register kept for such purpose.

(2) Each application shall have the information and documents

as necessary together with the fee payable as established in

Schedule B.

(3) Every permit, licence or authorisation issued under these

regulations shall be signed by the Executive Secretary of the Local

Council or by any other person authorised for such purpose by the

Local Council.

(4) Every permit, licence or authorisation issued under these

regulations shall be valid for the period as established on the same

permit, licence or authorisation.

(5) Unless otherwise specified in these regulations the general

conditions shown in Schedule A shall apply for any licence, permit

or authorisation issued under these regulations.

(6) Any permit, licence or authorisation issued under these

regulations shall be displayed and must be shown on demand by the

Police or community officers or by any other person so authorised

by the Council.

(1) No person may carry out a commercial activity from a

commercial premises or open-air market in any locality without a

licence issued from the regulatory authority and an authorisation to

carry out that activity from the Local Council.

(2)

(a) The Local Council shall ensure that in the streets

where an open-air market is established there shall be

marked parking spaces for the parking of hawkers’

vehicles.

These spaces shall be 2.5m by 6m and shall have

marked on them the identification number showing the

hawker’s stall, so however that when the markings are

drawn up, the Local Council shall see that adjacent to

every space there shall be sufficient space of not more

than 2.5m by 6m for the stall to be set up near the

vehicle.

(b) Notwithstanding the provisions of this regulation the

following exceptions shall apply

(i)

the measurements specified in paragraph (a)

above shall not apply for open-air market

situated in Marsaxlokk during weekdays and the

open-air market in Valletta and the open-air

market situated in Pjazza Santa Sabina, Victoria,

Gozo;

(ii) the space of a stall in an open-air market situated

in Ordnance Street, Valletta, shall be 1.52m by

2.13m and not more than 2.44m in height;

(iii) following the re-allocation of the market, the

measurements of the stall spaces allocated in the

Sunday Marsaxlokk market shall be 2.44m by

2.5m, 3.66m by 2.5m, 4.57m by 2. m and 5.49m

by 2.5m as agreed by the Local Council with the

market hawkers;

(iv) the parking spaces allocated by the Council for

the vehicles of market hawkers operating from

the Marsaxlokk Sunday market shall be in an

area allocated by the Council of the locality in

question; and

(v) only refrigerated trucks used by market hawkers

identified by the Marsaxlokk Local Council as

selling

refrigerated

products

from

the

Marsaxlokk Sunday market before 1st August,

2018 may be permitted in the space allocated for

the stalls

Provided that refrigerated trucks used by market hawkers

for the selling of refrigerated products which had been

utilised in the Marsaxlokk Sunday market prior to the 1st

August, 2018 may be allowed to operate from the area

allocated for the stalls only if an adequately sized space

becomes available and there are no other persons on the

waiting list in line to be allocated a market hawker space

for the market in question.

ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS

(3) No person shall occupy or take possession of a space

allocated to stalls or deposit or cause to deposit any objects in any

space allocated to stalls in an open-air market unless authorised to

do so by the Local Council and that space for the stall has been

allocated for the use of that person by the Local Council

Provided that the Local Council shall authorise only

licensed market hawkers.

(4) Market hawkers shall apply for a stall space in any open-

air market on the prescribed form in the Local Council where the

open-air market is situated.

(5) The Local Council shall, once a year, publish in the Gazette

a list of all hawkers with their respective stall number, and also

twice a year, in the months of June and December, a list showing

the details about the applicants and the date when such applications

have been received.

The list shall also on request be available for viewing at the

respective Local Council administrative offices.

(6)

(a) The Local Council may instruct the market hawkers to

elect an Administrative Committee.

(b) Market hawkers shall adhere to any agreement reached

between the Administrative Committee and the Local

Council.

(7)

(a) The Local Council shall allocate the spaces for new

stalls on a first come first served basis

Provided that those licensed hawkers who on the date

of the publication of these regulations were carrying

out their activity from any space in an open-air market

shall be given priority.

(b) No fees shall be payable by market-hawkers for the

allocation of spaces.

(c) The Local Council shall not allocate more than one

space to the same market-hawker in the same open-air

market.

(d) In the case where an open-air market is situated in

residential streets, the Local Council may give orders

not to encumber the pavements.

(8)

(a) The authorisation is personal and non-transferable.

(b) Notwithstanding the provisions of paragraph (a)

(i)

the Local Council shall transfer the authorisation

to the substitute of the market hawker in

accordance with the Trading Licences

Regulations, if the relative licence to the

substitute has been issued by the competent

authority;

(ii) an authorisation in relation to a market hawker

operating at the open-air market in Ordnance

Street, Valletta, in Marsaxlokk (daily open-air

market except Sunday) and in Pjazza Santa

Sabina, Victoria, Gozo shall, at the request in

writing of the market-hawker holding such

authorisation, be transferred by the Local

Council to another individual;

(iii) an authorisation in relation to any other market-

hawker not mentioned in sub-paragraph (ii)

shall, at the request in writing of the market-

hawker holding such authorisation, also be

transferred by the Local Council to any member

of the market hawker’s family being his wife or

her husband, mother, father, son, daughter,

brother or sister.

(c) The Local Council shall effect the transfers mentioned

in paragraph (b) within one month from receipt of the

request in writing from the market-hawker.

(d) The provisions of sub-regulation (7)(a), shall not apply to

this sub-regulation.

(9)

Market-hawkers -

(a) shall at all times display the licence issued by the

regulatory authority and the authorisation by the Local

Council in a conspicuous place where it can be easily

visible;

(b) shall only sell those items listed in the licence issued

by the regulatory authority;

(c) shall not store, offer for sale, or sell in any open-air

market, items which are offensive to the public or

which incite the public;

(d) shall park their vehicle, if any, in the stall space

allocated;

(e) shall ensure that no damage is caused by means of

their stalls, vehicles or accessories, to any street,

pavement or other public property. In the event of

damage arising during use by a market-hawker, the

Local Council may have the right to recover from the

market-hawker the expenses incurred in connection

with the necessary repairs;

(f)

shall provide on their stalls litter bins during trading

hours;

(g) shall, during the trading hours, ensure that the

allocated place is kept clean and be collectively

responsible that no refuse or other material is left at

the place allocated to them at the end of the activity;

(h) shall have sufficient and adequate fire extinguishers.

(10) Where mobile electrical generators are used these shall be

positioned in such manner that

(a) they do not present a danger to the public;

(b) they do not present a fire or similar hazard risk to the

stall or goods displayed for sale;

(c) they do not cause inconvenience through noise or

fumes.

(11) If a market-hawker fails to carry out the commercial

activity from an allocated stall for six consecutive times without

giving any valid reason, which shall include a request for transfer as

provided for in sub-regulation (8), the Local Council shall have the

right to revoke the authorisation and allocate the stall space to the

first applicant appearing on the published list. The market-hawker

shall be responsible for any action or omission by his substitute.

(12) No parking by private vehicles is permitted on the days and

during the time of trading in the open-air market as provided in the

Trading Licences Regulations.

(13) Streets where the open-aft market trading takes place shall

be closed to traffic during trading hours.

(1) No person shall place or cause to be placed in any

street a Kiddie Ride Machine or automatic vending machine

without the Local Council’s authorisation.

(2)

Applications shall be accompanied by

(a) a photograph and measurements of the Kiddie Ride

Machine or automatic vending machine;

(b) a photograph and site plan of the intended location of

the Kiddie Ride Machine or automatic vending

machine;

(c) a copy of the permits needed from the Planning

Authority or Lands Department, if applicable.

(3) The permit issued by the Local Council in accordance with

these regulations shall be valid up to the 31st December of that

same year in which the permit was issued and may be renewed on a

yearly basis against the relative fee leviable

Provided that the Local Council may, for a valid reason, at

all times suspend or revoke the aforementioned permit and no

refund shall be made for the fee paid or part thereof for such

permit.

(4) The applicant shall be responsible for any damages

sustained by third parties by the use of a Kiddie Ride machine or an

automatic vending machine.

(1) No person shall deposit or cause to be deposited building

material or other material in any street, without the authorisation of the

Local Council.

(1a) No person shall place or cause to be placed a scaffolding in any

street, without the authorisation of the Council.

(2)

An application shall be accompanied by a description of

(a) the quality, quantity or volume of the material or

scaffolding to be deposited;

(b) the duration of the authorisation required;

(c) a site-plan of the location where the material or

scaffolding is to be deposited.

(3)

Applicant shall ensure that

(a) sufficient light is placed above the material deposited

by sunset;

(b) loose material is adequately covered;

(c) all necessary signs and markings are put in place so as

to avoid any danger.

(4) When requested by the Local Council and together with the

fees payable as established in Schedule B, applicant shall pay for

the services of a community officer to control the traffic. The fees

payable shall be those established by the Agency.

(5) Notwithstanding any other provision of these regulations,

the Local Council may, where any condition attached to the

authorisation is breached, order in writing the removal of the

material or scaffolding in the specified time or at the expiry of the

authorisation. The Local Council may remove the material or

scaffolding at the expense of the permit holder. For this purpose the

Local Council may demand a reasonable deposit and such deposit

shall not exceed one hundred and sixteen euro and forty-seven

cents (€116.47).

(6) In the case that any damage is caused during the deposit of

building material or of any other material the Local Council shall

have the right to recover from the permit holder such expenses as

are incurred to cover the costs of the necessary repairs.

(1) No person shall deposit or use any crane or other

machinery during the erection, construction, or demolition of any

building or similar project without a permit from the Local

Council

Provided that the aforementioned provision in this sub-

regulation shall not apply in the special case of machinery known

as high-up and tower-ladder as long as these are not obstructing the

traffic flow and are parked properly.

(2) When submitting his application, applicant shall also

present a description of

(a) the duration of the permit required;

(b) a site plan of the location where the crane or heavy

machinery is intended to be deposited.

(3)

(a) Applicant shall ensure that sufficient light is placed

above the crane or other heavy machinery by sunset

Provided that in the case of a mobile crane or other

heavy machinery, the Local Council may issue the

permit subject to the condition that the said crane or

other heavy machinery is removed from the site after

sunset.

(b) Applicant shall ensure that all necessary signs and

markings are put in place to avoid any danger to the

public or to vehicles.

(c) Applicant shall ensure to take the necessary steps to

avoid any damage to the street or any other property.

(4) When requested by the Local Council and on payment of

the fees established in Schedule B, applicant shall pay for the

services of a community officer to control the traffic. The fees

payable shall be those established by the Agency.

(5) In the case that damage is caused during the deposit or the

use of the crane or other machinery, the Local Council shall have

the right to recover from the permit holder such expenses incurred

to cover the cost of the necessary repairs.

(6) The Local Council may demand a deposit or a bank

guarantee not exceeding two hundred and thirty-two euro and

ninety-four cents (€232.94) in favour of the Local Council to make

good for any damages sustained in any street or other property.

(7) No person, other than the applicant as authorised by the

Local Council, shall obstruct in any manner whatsoever a location

for which a permit has been granted by a Local Council in terms of

this regulation, during the period indicated on the appropriate signs

as provided in sub-regulation (3)(b).

(8) Any person who refuses to remove an obstruction or obstructs

a location covered by a permit granted by a Local Council, when

ordered to do so by a competent authority, shall be guilty of an

offence.

(1) No person may place any table or chair in any street for

the catering of food and drinks in any day, or special or specific day

without a permit from the Local Council.

(2) Applicant shall submit his application not later than one

month before the day or the first day as the case may be, or within

such other time as may be established by the Local Council.

(3)

Applicant shall together with an application

(a) submit a site plan clearly showing the measurements

and the area referred to in the application;

(b) declare the day or days for which the permit is

required.

(4)

(a) Any permit issued by virtue of these regulations shall

not exceed the time during which the activity is to be

held or sixteen consecutive days, whichever is the

shorter period.

(b) No permit shall be issued by the Local Council for that

area prior to the lapse of seven days from the last day

of the issuing of a permit for that same area.

(c) No permit shall be issued in the area immediately

adjacent to an establishment selling food and

beverages, except to the licence holder of that

establishment.

(5)

An applicant shall ensure that

(a) no alcohol or tobacco products are sold to persons

under the age of sixteen years;

(aa) no alcohol shall be served in glass bottles but shall be

served in a bio-degradable material or cardboard cup;

(b) the area is kept clean at all times during the activity,

and for this purpose the applicant shall provide

suitable litter bins for the deposit of waste;

(c) at the expiry of the authorisation the tables and chairs

are removed and the area is left in its original state.

(1) No person shall set up any stall or kiosk in any street

or exercise any commercial activity in such street in any special or

specific day or days without a permit from the Local Council

Provided that the Commissioner of Police may, for reasons

of public order, public safety or public morality, stop or suspend

any permit issued under this regulation.

(2) Applicant shall submit his application not later than one

month prior to the day or the first day, as the case may be, or at any

other time as established by the Local Council.

(3)

An applicant shall, on submitting his application

(a) declare the day or days for which the permit is being

requested;

(b) submit a photograph of the stall or kiosk and its

measurements;

(c) declare the goods intended for sale.

(4)

(a) The Local Council shall have the right to order the

removal of mobile generators if it results that the

apparatus is causing inconvenience to third parties due

to excessive noise or fumes.

(b) An applicant shall be held responsible for any damages

sustained by third parties by the use of any generator.

(5)

(a) Every permit granted by the Local Council in virtue of

these regulations shall not exceed the time limit

applied for or sixteen consecutive days, according to

whichever is the lesser period.

(b) No permit to set up a kiosk for the catering of food and

drinks shall be granted in an area within a distance less

than 6 meters in any direction from the entrance of a

catering establishment.

(6) The area intended for the setting up of a stall or kiosk or for

any commercial activity to take place shall be allocated by the

Local Council and its decision shall be final

Provided that the Local Council shall in any circumstance

give priority to the licensed owner of a stall or kiosk for the

exclusive sale of Maltese nougat.

(7)

Applicant shall ensure that

ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS

(a) no alcohol or tobacco products shall be sold to persons

under the age of seventeen years;

(aa) no alcohol shall be served in glass bottles but shall be

served in a bio-degradable material or cardboard cup;

(b) the area is kept clean at all tines during the activity and

for this purpose applicant shall provide suitable litter

bins for the deposit of waste;

(c) the Local Council’s permit is displayed in a prominent

place against the stall or kiosk;

(d) at the end of the activity the stall or kiosk is removed

and the place is left in its original state;

(e) cooking oil is not disposed of in any area or street in

the locality.

(8) When allocating the area for the setting up of a kiosk

during religious feast days, the Local Council shall

(a) insofar as the area intended for the allocation of the

kiosk is the same area which had been occupied by

licensed kiosk owners prior to the publication of these

regulations, the Local Council shall give priority to

those kiosk owners to set their kiosk in the same areas

utilized by them in the past;

(b)

(i)

insofar as the Local Council shall consider a new

zone, the Local Council shall ensure that the

zone is as close as possible to the public

attending the activity;

(ii) the Local Council shall at least two months prior

to the date of the religious feast make public the

identification of the new zone;

(iii) if the number of applications received exceeds

the number of available spaces, the Local

Council shall ensure that priority is given to

kiosk owners who in the past had been setting up

their kiosk in that locality;

(iv) the Local Council shall ensure that the new zone

is large enough to accommodate the same

number of kiosk owners within the previous

area;

(c) (i) the Local Council may order authorised kiosk or

stall owners to set up an Administrative

Committee;

(ii) the permit holders mentioned above shall be

obliged to adhere by the agreement reached with

the Administrative Committee and the Local

Council.

(1) No person shall hold a public show, exhibition, small

games, a fair, a tombola or any other public entertainment or

similar activity in any street, on any special or specific day or days

without a permit from the Local Council

Provided that the Local Council shall not issue a permit for

a commercial fare without the consent of the regulatory authority.

(2) Applications must be submitted by not later than one month

before the day or the first day, as the case may be, or within any

other time as established by the Local Council.

(3) Where a Local Council receives an application under this

regulation the Local Council shall, not later than two working days

from the receipt of an application for any such permit, and in any

case not later than two weeks before the event is due to be held,

forward a copy of such application to the Commissioner of Police.

(4) The Local Council shall on issuing the permit attach the

condition to this permit as notified to the Local Council by the

Commissioner of Police

Provided that the Commissioner of Police may, for reasons

of public order, public safety or public morality, stop or suspend

any permit issued under this regulation.

(5) No permit shall be issued for those activities which

according to the Act require only a permit from the Commissioner

of Police.

(6)

An application shall be accompanied by

(a) a description of the activity to be organised;

(b) the day or days for which the permit is being

requested;

(c) a site-plan indicating the area where the activity is to

take place as mentioned in sub-regulation (1);

(d) a copy of all permits required under any law;

(e) in the case of street lighting decorations, applicant

must submit a certificate from a licensed electrician

that the apparatus to be used is in a good state of repair

and free from any danger;

(f)

(i)

the Local Council shall have the right to order

the removal of mobile generators if it results that

the apparatus is causing any inconvenience to

third parties due to excessive noise or fumes;

(ii) an applicant shall be held responsible for any

damages sustained by third parties by the use of

any generator.

(7) Every permit issued by virtue of these regulations shall not

exceed ten consecutive days.

(8)

An applicant shall ensure that

(a) no alcohol or tobacco products shall be sold to persons

under the age of seventeen years;

(aa) no alcohol shall be served in glass bottles but shall be

served in a bio-degradable material or cardboard cup;

(b) the area is kept clean at all times and for this purpose

shall provide adequate litter bins for the deposit of

waste;

(c) during the activity there shall be available adequate

and sufficient fire extinguishers;

(d) at the end of the activity the area is left in its original

state.

(9) When requested by the Local Council and together with the

fees payable as established in Schedule B, applicant shall pay for

the services of a community officer to control the traffic. The fees

shall be those as established by the Agency.

(10) Notwithstanding the provisions of these regulations, the

Local Council may, in cases when the permit holders fail to leave

the area in a clean state, cause the area to be cleaned at the expense

of the aforementioned permit holders. For this purpose the Local

Council may demand a deposit, provided that this deposit does not

exceed one hundred and sixteen euro and forty-seven cents

(€116.47).

In any case where applicant feels aggrieved by a decision

made by the Local Council, an applicant may appeal according to

the procedures established in article 26 of the Act, and in such case,

the appeals procedure as established in the Trading Licences

Regulations shall apply for all appeals that are made under this

regulation.

(1) Any person who places any machine known as a

Kiddie Ride Machine or any automatic vending machine in any

street without a permit from the Local Council shall, on conviction,

be liable to a fine (ammenda) of one hundred and four euro and

eighty-two cents (€104.82) for such contravention.

(2) Any person who deposits or causes to be deposited for his

personal use building material or other material or scaffolding in

any street without a permit from the Local Council shall, on

conviction, be liable to a fine (ammenda) of twenty-three euro and

twenty-nine cents (€23.29) for such contravention together with a

fine (ammenda) of four euro and sixty-six cents (€4.66) for every

day during which the above mentioned deposit is left in the street.

(3) Any person who deposits or uses a crane or other heavy

machinery during the erection, construction or demolition of any

building or other similar project in any street without a permit from

the Local Council shall, on conviction, be liable to a fine

(ammenda) of forty-six euro and fifty-nine cents (€46.59) for such

contravention.

(4) Any person who deposits or uses a crane or other heavy

machinery during the erection, construction or demolition of any

building or other similar project and consequently closes access to

the road without a permit from the Local Council, shall, on

conviction, be liable to a fine (ammenda) of one hundred and four

euro and eighty-two cents (€104.82) for such contravention.

(5) Any person who deposits or places tables and chairs to

provide for the sale of food and beverages in any street without a

permit from the Local Council shall, on conviction, be liable to a

fine (ammenda) of twenty-three euro and twenty-nine cents

(€23.29) for such contravention together with twice the fee leviable

had a permit been issued.

(6) Any person who sets up any stall or kiosk or exercises any

commercial activity in any street on any special or specific day or

days without a permit from the Local Council shall, on conviction,

be liable to a fine (ammenda) of fifty-eight euro and twenty-three

cents (€58.23) for such contravention.

(7) Any person who holds small games, a fair, a tombola or any

other similar activity in any street in any locality on any special or

specific day or days without a permit from the Local Council shall,

on conviction, be liable to a fine (ammenda) of thirty-four euro and

ninety-four cents (€34.94) for such contravention.

(8) Any person who holds a public show, exhibition or a

sporting activity in any street in any locality on any special or

specific day or days without a permit from the Local Council shall,

on conviction, be liable to a fine (ammenda) of one hundred and

sixteen euro and forty-seven cents (€116.47) for such contravention.

(9) Any person who carries out any commercial activity from a

fixed place in an open-air market, without a permit from the Local

Council shall, on conviction, be liable to a fine (ammenda) of

t h i r t y - f o u r e u r o a n d n i n e t y - f o u r c e n t s ( € 3 4 . 9 4 ) for such

contravention.

(10) Any person who fails to -

(a) place traffic signs as directed by the Local Council in

the application for the permit;

(b) put sufficient light and all necessary road markings

during sunset on or near the material or scaffolding

lying in the street, or on or near the crane or other

heavy machinery deposited in the street;

(c) cause the permit issued in accordance with these

regulations to be prominently fixed;

(d) show on demand by the Police, or the community

officer or any other person authorised by the Local

Council, the permit, licence or authorisation issued by

the Local Council;

(e) cover properly any loose material deposited in any

street;

(f)

remove any material, crane or other heavy machinery

from any street when ordered in writing to do so by the

Local Council;

(g) remove tables and chairs at the end of the authorisation

issued by the Local Council;

(h) remove, when ordered to do so by the Police,

community officer or Local Council representative,

any apparatus which is causing inconvenience or is of

danger to the public;

(i)

provide a sufficient fire fighting system in accordance

with these regulations;

(j)

provide in the area where the activity is taking place

litter bins in a sufficient number for the deposit of

waste,

shall on conviction be liable to a fine (ammenda) of twenty-three

euro and twenty-nine cents (€23.29) for such contravention.

(11) Any person who disposes of any cooking oil utilized from

the selling of food from stalls or kiosks in any area or in any other

street, in the locality where the permit was issued by the Local

Council to put up a stall or kiosk or in any other locality shall, on

conviction, be liable to a fine (ammenda) of fifty-eight euro and

twenty-three cents (€58.23) for such contravention.

(12) For any other contravention not mentioned above, a person

who is found guilty shall be liable to a fine (ammenda) of not less

than forty-six euro and fifty-nine cents (€46.59) and not more than

two hundred and thirty-two euro and ninety-four cents (€232.94)

for such contravention.