Bottle shop owner objects to outlet's forced closure

The owner of a bottle shop situated just outside Paceville filed a judicial protest yesterday complaining that his shop had been shut down on the strength of an enforcement notice issued by the Malta Tourism Authority (MTA).

John Bonello filed the protest in the First Hall of the Civil Court against the MTA.

He explained that he was the licence-holder and the owner of a shop called Hole in the Wall in Paceville, St Julians. The licence had been issued by the MTA.

On July 25, the MTA issued an enforcement notice calling on him to rectify certain matters in line with the law. MTA officers ordered him to stop operating and shut down the shop until he complied and this when the outlet was his bread and butter, Mr Bonello said.

He explained that he had filed an application in the First Hall of the Civil Court asking for the issue of a warrant of prohibitory injunction in order to stop the MTA from closing his shop. But on August 24 his application was turned down.

He then appealed to the Tourism Appeals' Board and his case was scheduled to be heard on September 4. Despite the fact that the appeal was still pending, on August 24 the MTA closed down the shop. Mr Bonello claimed that this was of commercial prejudice against him because he was forced to close down during the busy summer months, the most profitable period for his business.

Although the MTA had discretional legal powers, in this case it had not used its powers in a reasonable manner, given the circumstances, Mr Bonello argued, holding the MTA liable in damages.

Lawyers Edward Zammit-Lewis and Joseph Giglio signed the protest.