Crackdown on City Gate kiosks

Shop and kiosk owners at City Gate, Valletta who had signs or goods outside their premises were ordered to remove them by the police yesterday.

Armed with an inch-tape and note pad, police officers measured advertising signs, wares and goods' stands. The owners were warned that items extending beyond 40cm from the premises were illegal and that they faced legal action if these were not removed.

Kiosk owners were particularly hard-hit, having to remove a large quantity of goods on display from stands and racks attached to the external walls of the kiosks.

One owner simply packed up his wares and left and another was warned about two drinks refrigerators which the police said did not form part of the kiosk, and, therefore, were illegal.

Kiosk owner Joseph Galea recounted how, about a month ago, owners were notified that they were in contravention of the law by having goods and stands spilling onto the pavement. Despite having sent letters through his lawyer, one to the police superintendent in charge of the area and another to the Police Commissioner, nothing changed Mr Galea said. Earlier this week, he said, a meeting was held between six kiosk owners and Police Superintendent Sandra Mamo when the owners were told they had to remove any item extending beyond the kiosk.

Mr Galea's legal counsel, Martin Fenech, said: "This is a flagrant abuse of the law when it is clear that the kiosk owners can keep things to within half a metre from their kiosk".

"The superintendent refused to budge," he said, adding that when he showed her what the law said in this case (Legal Notice 1 of 2006, pg B 92, Second Schedule), she didn't even want to read it.

"The schedule is clear," he said. Any establishment is entitled to the 50cm area, licensed or unlicensed.

They have no right to do this, Dr Fenech argued, adding that "they are misinterpreting the law and when I tried explaining what the law is, they said they had orders from above."

"The police cannot invent laws and are obliged to observe them, not go against them," Dr Fenech.

A spokesman for the Lands Department confirmed that the crackdown was "a clean-up activity".

"In tandem with everything else we have been doing recently, we are ensuring that public property remains public."

Dr Fenech said he will be filing a judicial protest holding the Police Commissioner responsible for financial damages resulting from the "abusive and illegal action".

Another kiosk owner, Ivan Azzopardi, said "My kiosk is different from the others. I sell souvenirs, so I can't sell from within my kiosk. Others can proceed as normal but I cannot".

Answers to questions put to the police communications office were not forthcoming by the time of writing.