Shop owners, Lands Department clash over enforcement action

The owners of two businesses in Marsaxlokk are threatening to sue the Lands Department after their street furniture was confiscated despite being in possession of an encroachment permit.

South East Café owner Lynette Zerafa and her business partner Omar Azzopardi, together with Joe Debono, owner of Qrolla Kiosk, jointly applied for a permit to organise a Lejla Maltija over two weekends in September.

The permit was granted by the Marsaxlokk Council and mayor Stephen Caruana who said that he acted on the direct instructions and the approval of the Local Councils Department director.

Ms Zerafa and Mr Debono both said that they had applied for a permanent encroachment permit, and the Malta Environment and Planning Authority and the Malta Tourism Authority had given their approval. The permit still had to be approved by the Lands Department, however. They therefore applied for a temporary encroachment permit for the Lejla Maltija.

Although all the paperwork seemed to be in order, last Friday evening two Lands Department representatives confiscated a total of 13 tables, 52 chairs and other street furniture from the two businesses. A spokesman for the Lands parliamentary secretariat said that two establishments had ignored a notice to respect the terms of their permits more than three weeks ago. The officials also served formal notices on another 12 restaurants warning them to respect their permit conditions. The department has over the past few weeks embarked on a crackdown of illegal furniture in locations including Sliema, Marsalforn and Marsascala.

Marisa Noles, owner of the shop Must Have Gifts and Accessories neighbouring the South East Café, said six plants were taken from outside her business without any prior notification.

When contacted, Lands Department Paul Miruzzi told The Sunday Times that Ms Zerafa had been sent an official letter informing her that the permit issued by the local council was illegal, since the permits the council could issue were only for "special occasions".

"I will not waste my time with these squatters," Mr Miruzzi said, "they are trying to usurp the authority of others. The local council and the mayor are therefore subject to criminal action according to chapter 268 of Maltese law."

Mr Miruzzi added that he was prepared to take legal action against any mayors abusing their power. Moreover, he said that the application for a permit under the pretext that it was a Lejla Maltija, was a poor attempt at evading the law.

But lawyer Geoffrey Mifsud Azzopardi, representing Ms Zerafa and Mr Azzopardi, said that the application for a permit to organise a Lejla Maltija complied with the legal notice regulation applicable to local councils.

Dr Mifsud Azzopardi said that the local council could not issue permits for permanent encroachment. They could, however, issue permits for specific occasions.