Lisa Gwen Baldacchino
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.
8 Comments
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Jeremy J Camilleri
Sep 22nd 2008, 09:44
Mr. Miruzzi, if you are so bothered about illegal squatters, when will you visit the illegal boathouse villages?
Never? Thought so.
Alan Azzopardi
Sep 21st 2008, 21:49
I happened to be in this place enjoying my usual coffee when all this took place. I was asked to leave my chair when a guy with an open shirt and wearing an Ovaltine hat told me that they are confiscating everything as everything that was there was illegal. The owner came out with tears in her eyes and with papers in her hands telling the man in charge who was already taking notes of what is going to be confiscated, that she has all the permits necessary for the "Lejla Maltija" which was being organised at that very moment. The only response she got was "I'm following orders!" Tourists were disgusted when a supposed Lejla Maltijja night turned into an eighties A-Team show, with guys chasing the windbreakers and loading chairs and tables into vans. Are we the same people which were ashamed for the things that happened in the eighties in our country? The owner continued trying to show the papers but it was all in vain, the A-Team team came there for a mission which needed to be accomplished , destructing and loading anything on the way, even if there were any permits issued! Welcome back Eighties!
Joseph Schembri
Sep 21st 2008, 20:40
Good to see that irregularities are being curbed. But let's not cause more damage to our lifeblood - the tourism industry - in our zealousness. I noticed on some TV footage that tables, furniture etc were being removed while patrons were actually using them. I imagine that it would be very disturbing for a patron to see such scenes while dining or having a quiet drink.
T . BUGEJA
Sep 21st 2008, 17:37
I DONT MIND OF SOME PUB / RESTURANT/ HAVE TABLE AND CHAIRS BUT I I DO MINE OF WHOM CAME UP WITH THE IDEA OF USING ROAD SPACE OR SHALL I SAY PARKING SPACE TO ALLOCATE TABLE AND CHAIRS ESPECIALLY PUBS , RESTURANTS,AND HOTELS IF THEY HAVE THIER OWN FRONT OPEN SPACE IN THE FIRST PLACE IT IS A DISGRACE WHAT ABOUT US RESIDENTS CAN WE HAVE A SPACE FOR A PIECE OF MIND NOT HAVING TO PARK OUR CARS HALF WAY DOWN THE ROAD ,THESE TABLES AND CHAIRS ARE COASING ALOT OF TROUBLE ANYWAY SO LET US HAVE OUR PARKING SPACES BACK,,OR MAYBE THE LC ARE MAKING ALOT OUT OF IT
Joe borg
Sep 21st 2008, 16:11
Local councils can issue permits for such an event supported by legal notice 119/02.
Noel Enriquez
Sep 21st 2008, 14:58
It was so nice when the Police handled all permits,.. at least it was not like having a multi-captain vessel!!
M. Fenech
Sep 21st 2008, 11:13
The fact is, ultimately, the Lands Dept. needs to give the go ahead for anything. I have never heard that LCs can issue permits. It is not their job.
When you organise an event or ask for permit, you require "no-objection letters" from all concerned authorities, i.e. LC, Police Station, ADT (should you close the road for an event), EneMalta (with a location map signed by an electrical engineer, taking responsibility of how the contractor, supplying lights for the outdoor event, will fix the equipment, which will be fully safe for people attending the event), Health & Safety certificate (for scaffolding security, etc.) and possibly more. (cannot think of others at the moment).
ALL these "no-objection letters" mean NOTHING. Why? coz, the letter says also, that this "no-objection" is being issued on the basis of other legal permits in hand. So, if you have just the LC letter, you are not secure, coz you need also the Police letter, and so and so forth. At the end of this, the FINAL clearance is required from the LANDS DEPT. Only then, you can commence promotion or placing of tables, etc.
The police can stop the event if they receive neighbourhood complaints.
l Galea
Sep 21st 2008, 10:26
Authorities, continue taking the bull by the horns and stop ALL encroachment permits.
The restauranteurs and other businesses should only use their private premises for their business, not public property.
Leave PUBLIC property for the PUBLIC, not for private business.
p.s. the photograph is perfect evidence of the tiny passage left for pedestrians with most of the pavement occupied with the restaurant's street furniture.