Fined for operating disco without licence

Benjamin Muscat, owner of Palazzo Pescatore, in St Paul`s Bay, has been fined a total of Lm640 by Magistrate Giovanni Grixti for operating a disco without a police licence after 11 p.m. on various occasions between December 1999 and February 2001.

The court turned down Mr Muscat`s submission that he had paid Lm500 a year for his licence which, in his view, permitted him to hold discos till 4 a.m. He claimed that the police had limited his activities to 11 p.m. because of an administrative mistake.

The police in court exhibited copies of the licence issued to Palazzo Pescatore "to hold dances from 6 to 11 p.m. daily" on condition "no annoyance is caused to neighbours and the music is stopped at any time if so directed by the police."

The court dismissed Mr Muscat`s submissions and said he had no right to take the law into his own hands and claim he was free to carry on till the morning. But, according to the court-appointed expert, Henry Baker, the music was not so loud as to inconvenience nearby residents. The court accepted his submissions.

Mr Muscat was fined Lm25 for operating a disco after 11 p.m. and Lm25 for defaming and threatening the police.

The court then fined Mr Muscat Lm25 on each of 19 other police submissions that he had infringed the police permit.

The police also accused him of having, on October 31/November 1, 1999, (a) allowed Ashley Attard to hold a rave party without a police permit, (b) on this occasion also defaming or threatening PS 455 E. Sammut, PC 1236 G. Manfrè, PC 899 F. Micallef and other officers, (c) broke the peace in public, (d) used obscene language and blasphemed, (e) disobeyed legitimate police orders and impeded the police in the exercise of their duties, (f) allowed a rave party on his premises without a proper licence by the authorities, (g) let loud music be relayed to the inconvenience of neighbours, and (h) infringed the conditions of the police licence.

Points b, c, d and e were declared time-barred but Mr Muscat was found guilty of the other charges and fined Lm25 on a, f, g and h. The court also disqualified him from from obtaining a licence to play music at the Palazzo Pescatore for a year from April 23, 2002.

Dr Siegfried Borg Cole appeared for Mr Muscat. Superintendent Albert Mula was prosecuting officer. Dr Robert G. Mangion appeared as parte civile on behalf of over 100 residents living permanently or during the summer months in the vicinity of Palazzo Pescatore.