Man goes doughnuts over early-morning disturbance
A man who claims he put up with noise, rubbish and other inconvenience from a downstairs shop for over three years, admitted in court today that in a fit of anger he yesterday damaged the door and signs of the shop and threatened the owner. He said he would pay for the damage.
Kevin Bartolo, 34, said he lives above Tad-Doughnuts shop in Qormi.
His defence counsel, Arthur Azzopardi, said in court that Mr Bartolo had, for the past three years, had to put up with a large amount of people turning up outside the shop in the early hours of the morning and the area had become an 'extension of Paceville.'
The dirt and smells from the shop would probably violate every public sanitation law that existed, Dr Azzopardi said.
Mr Bartolo also had to keep up with loud music, cars stopping outside the shop and people talking loudly.
"He simply could not continue to live his life normally," Dr Azzopardi said.
Police Inspector Sandra Zammit, prosecuting, confirmed that people did gather outside the property till late. She said that Mr Bartolo was a first time offender and had never previously had any incidents with the police. The inspector said the police would be going to the shop to check about his licence to open late.
The owner of the shop, she said, had still not produced an estimate of the cost of the damages.
Magistrate Edwina Grima postponed the continuation of the case for a week until the owner, Roderick Abela, produces an estimate of the costs.
Mr Bartolo was released on bail against a personal guarantee of €3,000.
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John Agius
May 7th 2010, 15:58
Similar cases are not limited to bars & the like within residential areas. There are cases of residence owners carrying out refurbishing works which never ends. A case in point is a residence in Attard. Work has been going on for at least the last seven (7) years. Works have been carried out very early in the mornings, during late evenings, at weekends & on public holidays. A typical example of “I don’t care, F u J”. Reports have been made. Action has been taken (!!) but after a while all is back to square one. Illegal works are said to have been carried out (particularly in the basement that could lead to fatality); but the authorities declare “It is not their responsibility” or declare “It is a civil matter”. Sometimes they refer one to other authorities. Building regulations have been flagrantly violated. A total mess! No other explanation. Lack of enforcement, lead irresponsible crooks (citizens are not) to continue to disturb and disrespect society. Mr. Bartolo you should never have done what you did but you have my sympathy. Unfortunately Justice is many a time unfair & unjust.
JOHN O SCERRI
May 7th 2010, 14:48
This should be a lesson to those who, out of their selfish attitude do not give a damn about residents living in their vicinity. They do not care whether it is 9am, 3pm when most people take a nap or 11pm when it's time for going to sleep to wake up for work in the morning. There are many who use high power tools , machanics , shopowners, take away, carpenters, and so on. It's all about noise a hazard which drives on mad to the point of breaking. Some of these so called shop owners come out with one answer when confronted to reason stating 'Are you telling me to stop working ...?.+ other vulgar language and swearing They silently start devouring the stretch of road they are in . God forbid if one protests . How about those who park FOR SALE cars all along the side walks. Is not this against the law ? Police should put their foot down and investigate what complaints come in from us residents. Create a FREEPHONE number. Lets also mention , while we are at it the many building sites generating noise , dust, and all inconveniences all week including Sundays.
o.galea
May 7th 2010, 14:12
I know exactly where this shop is and unfortunately it is a 50/50 mix of industrial/residential..... Therefore, i feel that whoever was there first should definitely have the upper hand.... in this case.... i imagine the home owner was there first . HOWEVER... re MEPA. One is always allowed to apply for whatever one wants (whether the area permits such a development or not) Then, once the application appears on the wall, it is the poor neighbours who are forced to object and deal with the expense and hassle of sending official letters of objection etc.
jossette ebejer
May 7th 2010, 13:02
saqsi lilna li noqqghodu qrib mater dei x inhu storbju? nippreferi qanpiena ddoqq , milli ambulanzi idoqqu s sireni bla hin u helicopter idur fuqek? huwa noise polllution dan........................!? pacenzja ! m hemmx xtaghmel
K.Abela
May 7th 2010, 12:22
This is the same situation of whoever lives close by to lotto offices. The great deal of inconvenience plus cars parked wherever any one deams fit is simply incredible. But the greatest abuse to my opinion is when during all this you see a car from the mobile squad coming over and what, no they are not here to put things in place but to make their bets for the next lotto draw. Then they dive off as if nothing happened. Whilst i do not agree with violence i think that this is the cause of fraustration of having nowhere to resort......and feeling helpless to a situation which causes such inconvenience.
Malcolm Mifsud
May 7th 2010, 11:18
That's what happens when you go reporting to the authorities and your claims go unheeded time and time again. Then you end up paying for everything and everyone after you blow up and do something silly. I had to go through the same thing for two summers in a row because an irresponsible tenant kept his dogs in a garage and a balcony, barking their heads off at every hour of the day and mostly through the night. Sorry to say, but you did the right thing, Mr Bartolo. I would not have waited that long knowing that justice might never be done. That's the way things have to be done here because of the couldn't-care-less attitude of those higher up.
Samwel Bezzina
May 7th 2010, 11:08
Is it about time that there should be something like THE NOISE ORDINANCE in this third millennium era? It is a fact that continuous disturbances and noises make you go nuts. Without clear legislation, the police can do very little.
e galea
May 7th 2010, 08:34
And so this man, after suffering the disturbances of all those who go in the middle of the night, talking, slamming car doors, stereos, and all what a shop like this brings with, was arraigned. i am sure that the local police knew what was happening and am sure that no shop can open during the night especially in residential areas. The problem is that first the complaints of residents are ignored or taken forgranted and then we arraign the victim. Many take-aways and bars are open till early but seems the law waits for a case like this to take action,especially when some of such outlets are a decade of metres away from police stations
Ann Cassar
May 7th 2010, 06:34
Mr. Bartolo is the victim like all residents who are made to live above Bars or similar. It is the fault of some at MEPA who sanction and issue permits for change of use without considering the consequences to the residents above or next to these Bars. Makes you suspect that several people and not just the Bar owner have an interest. It's not as if the Bar is there first. MEPA knows that there are residences there. As several in this thread have noted such permits must not be issued. As it isnow the police blame MEPA and Mepa says it is the police who have to keep order.
That some policemen are not efficient and turn blind eyes is well known - Hamrun is an example. But the main fault is MEPA's together with the DCC boards who have vested interests in seeing permits for Bars go through. These are all abuses of power.
Such situations then lead to people not being able to take it any more, like Mr. Bartolo.
simon cutajar
May 6th 2010, 22:29
I can understand Mr. Bartolo and his anger to the shop owner . I live in front of the ex golden harvest factory in Gzira and we had to keep doors and windows close summer and winter due to heavey noises done from 20.00 till 14.00 . Non stop oven alarms goes on during the night , lorry's start loading at 2.00 in the morning , road close , heavy swearing , fightings and arguments made daily ,banging of creates and loads of noses . But most of all , heavy fumes come out from the dirty chimneys sarounding the bakery , and the authority's have done nothing for us the residents . But thank GOD they left .
G Pace
May 6th 2010, 20:27
I would have probably done exactly like Mr Bartolo. You have my solidarity.
Etienne Borg
May 6th 2010, 20:26
I know the feeling when you have a shop under you house. I lived two years above a small illegal factory of cheese cakes. I reported all the authorities but nothing happened. 4 in the morning I use to wake up when he switch on the machines. The bad small, the noise and the cockshies were horrible. I was living on a bomb with a large amount of gas thanks that he had stored in the garage. The authorities must consider these cases as important issues. To solve the problem I used to call the landlord 3 times a day to pissed him off and finally it worked in my favor because he left.
Steve Compagno
May 6th 2010, 17:59
This is one of the many ways how the value of your property can go down drastically! I believe that Mr.Bartolo shouldn't have done what he had done, but in reality - he couldn't take it any longer and I understand his situation. There are people out there (including ourselves 7 years ago) who end up in despair because their home becomes a place of stress. Shops such as mechanics, sprayers, take aways should be in the main roads only and if possible, no other residences should be built there. Why should the people suffer? Why build them among residences? People spend their lifetime trying to pay off their house loan, and in one minute: you can lose everything - the peace, value and above all serenity of your home. When a take away shop was about to open in our street (a private residence road), the answer I got from a member of the local council was: "heqq...mhux kulhadd irid jaqlaha lira?!" Iss! As if we haven't spent a Lira or two on our properties! Reality is: residents don't have any say in what happens in their street and this story is one of the endings....unfortunately!
M. Attard
May 6th 2010, 16:21
PROSIT to QORMI Inspector Sandra Zammit - this lady takes prompt action where it is needed. Well done - she is a credit to the force. Now if only her counterpart in Zabbar could get his act on the road and make a move on regarding case number 4H1859/2009 which has been sitting in his lap since 26th June 2009!!
A. Degabriele
May 6th 2010, 13:05
I fully understand the action of this person. He must have been so fed up. My neighbour is all day till late night with the TV full on. He always watches the news at 11pm and I am forced to listen to the programmes he watches all the time. Sometimes I can hear more his TV than mine. I called him on the phone million times asking for some respect for whom has to wake up for work at 4am. It's really a shame, Maltese people are so ignorant and disrespectful. Everyone is a cowboy and an egoist. I feel ashamed of living in this country. When is this island going to grow up and police do their jobs instead of sleeping in the station???????????
R.Borg
May 6th 2010, 11:33
With all the below examples of inconveniences to residents in various parts of Malta and Gozo, will anyone with some authority take heed to these pleas?! Police Commissioner, MEPA and anyone else involved please note and take action fast or we will have more incidents like the poor Mr.Bartolo has gone through!
A.Galea
May 6th 2010, 11:14
I understand Mr.Bartolo, he cant even rest at his own residence !! He is a human just like everybody else.Hearing Loud music,cars stopping all the time and people talks loudly is surely not something acceptable to cope with it everyday !!! These shops should have a limit of till when they can open and when they should close!!
Raymond Sammut
May 6th 2010, 05:39
There is nothing wrong with shops staying open late. It all depends on how the shop owner manages their business. For example, orders can be made using mobile phones. Packaging methods are also versatile. Deliveries are easier when there is no road traffic. I think it comes down to training and education of small business. Perhaps something for the Chamber of Commerce to look into. It's all about running a business the right away that encourages better social behaviour and more commerce in the long run.
Joe Fenech
May 6th 2010, 11:01
No there's NOTHING wrong but shops needs to be in COMMERCIAL ZONES not open under, next, over or on top of houses!
Yan Bkara
May 6th 2010, 15:28
You must be joking ?? Delivery of a 50euro cents doughnut?? it doesnt really make sense delivering doughnuts ..but i agree with you on your other statements :)
Mario Scicluna
May 7th 2010, 16:47
The said shop is in a road which is quite busy and which passers by tend to stop by. I can't be blame the man but sometimes you will have to control your actions since now he has to pay for what he has done.
Stephen Bezzina
May 6th 2010, 04:23
I feel sorry for this man. Zoning does not seem to exist in Malta. This should be either a residential area or a commercial one. It seems that in Malta shops pop up anywhere like beside or under a residential house. Who is giving these permits?
N. Bonello
May 5th 2010, 21:55
'The inspector said the police would be going to the shop to check about his licence to open late'.
Too little too late.
R. Gauci
May 5th 2010, 21:53
Kaz fejn il-bniedem jigi KOSTRETT jiehu l-ligi b'idejh imbaghad minn fuq il-ligi ddur kontra tieghu. Din komuni hafna f'Malta u hemm kazi ferm aktar serji fejn persuni u familji jigu kostretti jghixu f'mizerja u dwejjaq minhabba terzi persuni specjalment girien, meta jirrapurtaw l-ghassa jghadduhom biz-zmien u meta jitkellmu jirriskjaw xi xebgha jew xi vendikazzjoni. Allura meta tiddispra x'soluzzjoni jifdallek? Kull bniedem ghandu l-limit tieghu, magistrat forsi ma jistghax jifhem dan ghax jghixlek go xi villa jew bungalow imdawwar b'sigar u fjuri imma ahna li nghixu hawn barra, kullhadd go xulxin, hemm bzonn infurzar biex kullhadd jirrispetta l-ispazju u l-paci ta` haddiehor, nkella se nispiccaw nghixu f'gungla. Sfortunatament il-ligi qed tkun pronta tagixxi mal-kwiet pero tibqa rieqda mal-kriminal u ma min jinbex.
Joe Fenech
May 6th 2010, 10:19
SPOT ON!!!
o.galea
May 6th 2010, 10:39
VERU SPOT ON. A bakery opened a few doors up from where I lived. Cars used to stop to buy bread ... they did not park... they left the engine running (right under our bedroom windows) with loud music playing. Then to add insult to injury... sakemm il mara tmur tixtri.. ir ragel ibattal l-ashtray barra. Not too bad during the week but on sundays from 5:30 a.m. ! It's not so much the shop opening, as the people that need educating !
E.Schembri
May 6th 2010, 14:46
Well said. Two doors away from our residence a garage was converted into a confectionery with two tables on the pavement. Thank God it went bankrupt and closed a few months later. MEPA is a joke!
Joe Fenech
May 5th 2010, 21:43
The victim here is Mr Bartolo!
Unfortunately many industrials zone and commercial areas are being integrated into residential areas. Why should one have to put up with the mushrooming retails stores, snack bars, services stations. This is not only a nuisance but is also slashing people's house prices.
The Mambra area in Luqa is one perfect example of this which one can't miss - if not mistaken, this started out as a green area until a notorious protegé of an equally notorious ex minister was given the land as a token of friendship which he then developed into a residential area. Then came the commercial venues..
Could anyone let us know WHY this is happening?
Joe Fenech
May 5th 2010, 21:01
Did this shop have a permit to sell doughnut when it started the business? RIGHT FOR INFO PLEASE!
Alexander Farrugia
May 6th 2010, 16:05
Excuse me? From where have you got this 'right for info'?
Malcolm Fenech
May 5th 2010, 20:31
Verdict:
Victim to pay €3,000. While the selfish one can still sell and the inconsiderate can still buy doughnuts till the early hours of the morning.
Ara vera kemm ahna pajjiz injorant .
Dr. Etienne A. Calleja
May 6th 2010, 02:46
Le. mid-dehera ma tafx taqra. M;hemmx verdett ghax il-kawza ghadha ma gietx deciza. Il-kawza differita ghal gimgha d-diehla sakhemm is-sinjuria tieghu jipproduci stima tal-hsarat. Intant l-akkuzat inghata l-liberta provizorja FUQ GARANZIJA ta' E3,000. It-tlett elef ma jhallashomx sakhemm ma jiksirx il-kundizzjonijiet tal-liberta kundizzjonata.
Paul Smith
May 5th 2010, 20:21
John Matthews
are you sure your talking about the same UK i live in? If a passing police patrol saw such nonsense it would be over for the driver big time. When i lived in B'kara so many ignorant Maltese used to park on the zebra crossing whilst they went into McDonalds blatantly blocking a Zebra crossing! If you did that in the UK they would impound your car and take away your driving privilege. Not only in B'kara, i was trying to cross a zebra crossing in St.Julians just adjacent to darling jewelry and some clown would always pull onto the crossing to chat on his mobile phone not allowing people with prams and young children to cross and this is less than 10 yards from St. Julians police station! Malta = Lawless do what you want country - John, dont make out the UK is some kind of Banana republic - if you do, you never lived in Malta.
Mary Camilleri
May 5th 2010, 19:55
These Bars/ snack bars/confectioneries/pastizzerias are a nuisance to so many. They should not be allowed to operate among residents in any town or village not a designated tourist area. When are residents going to get their rest? Even 11pm is inconvenient for schoolchildren and workers who have to wake up early the next day. Some bars don't even close at all if it happens to be a feast or a public holiday. And the noise from their music and the mobile discos in the cars and the yelling and the cardoors go on and on.
Mr. Bartolo is the victim in this situation. The person who runs the confectionery should be made to pay hefty compensation to the residents he has harmed. The commissioner of police and his deputies are also to blame because they have failed to take necessary disciplinary steps against those policemen who make fun of whoever calls to ask for help to curb this noise abuse, and who are often seen with the unsavoury characters who frequent these bars.
Malta needs a clean sweep starting with the ones who issue these permits who know well that the permit can only cause enormous harm to others.
John Vassallo
May 5th 2010, 22:16
Totally agree with you Ms Camilleri. They should be closed and confined to a non-residential area. I pity the people who have to suffer all year round with the smell of burning oil having their clothes, curtains, furniture and everything else smelling of burned oil and other nasty smells. This is apart form the other inconvenience of customers at all times of the day and night. The same thing happens with car dealers who leave their cars and wash them in front of residents properties, both on pavements and under the pavement, but the wardens are only after parking by private drivers and I've never seen one give a few tickets to the car dealers. This also applies to charabancs that many times one sees double parked and passing wardens turn their head the other way pretending then didn't see them.
A. Grech
May 5th 2010, 19:22
And here in Gozo, come June we, especially the residents of Xewkija and Victoria will have to enjoy the sound of explosives made by a type of cannons to scare away the birds from nibbling the grapes. This goes on till late September, SEVEN DAYS A WEEK, FROM 6.30AM TILL 9.00PM EVERY 3 TO 4 SECONDS. How is that for EKU GHAWDEX? And the Police..z z z z z z z z z z.......
ms g hoare
May 5th 2010, 18:25
@ Kevin Bartolo, I also sympathise with you. and belevie me i know what you are going through and how you feel i wish 1 have the guts to do the same , alot of people tell me ( well you should gone and lived somwhere else not in ST pauls bay , but why should we be dictated by people due to their ignorance ,I do blame the Mepa for issuing the permits in the first place if there is any of course ,people repoted these places ,who in the right mind give permition for a nightclub addjoined to other property ,cars parked any where and everywere with music blusting , talking and laughing and ofcourse the music from the bar and the televsion at same time ,Some of these bars have a 24 / 7 opening .
It used to be a law that before you open a Bar ,Resturant ,pastizzeria anything you had to have signiture from the neighbours first , what happened to this ?
WHo in the right mind give permit on the main roads for passtizzeria , the road jams these shops are causing in every town .
marthese mussett
May 5th 2010, 22:09
We used to live in Qawra,my husband used to come home from work at midnight and we had to put up with loud music from the bar below,till 3am.Our problem was only solved when the br closed down,
Karl Axisa
May 5th 2010, 17:57
My deep sympathies go to Mr. Bartolo. I too, like many, on this thread, have to put up with nuisances of some sort or other because of (very low IQ) neighbours...their (unfailing barking) dogs and (fighting ninja) cat, jealous girlfriend fights, swearing, the bread vendor at 11pm, honking of horns at 3 am to tell mami that I am still here in my boyfrend's car and that she can now open the (squeaking) garage door followed by another honk at the horn by the boyfrend to say goodbye, after peace has been restored (for the umpteenth time), the (never failing) gas distributor at 6am , etc. etc. clearly enough from late night till early hours of the morning, night after night and I am expected to report at work fresh as a morning flower. Repeated pleas asking for respect towards others, serves only to upscale the offences.
My only remaining hope before I go bananas is to call the A-Team :)). Does anyone know their whereabouts??? I haven't found them yet.....
D.Borg
May 5th 2010, 18:25
Your case is bad enough but there are people who are being made to suffer because some nincompoop has actually given them a permit to open Bars or similar shops when there are residents quite close. I live above a Bar and you think that you are in Paceville with all the loud music and loud television sets till 3 am. Who is to blame? Obviously the ones who issued the permit in the first place. L-aqwa li huma reqdin! U int ma tistax talaq ghajn m'ghajn. U kulhadd jigi jitmejjel inkluzi l-pulizija. We also saw the policemen who came round, very gently rapping them on the knuckles, before they continiued on their way and the noise just conitniued. Vera pajjiz tal-Mickey mouse. And we have to swallow tranquillizers and medicines for heart palpitations. I'm all behind Mr. Bartolo. We know what he's gone through.
John Matthews
May 5th 2010, 17:23
@ Ganni Ellul
I also sympathise with you. Here in the UK people do the same thing, park on the pavements etc. Unfortunately if you walk over their cars, you are committing criminal damage. Even the mums with their prams/buggies cant get through and have to go round them, dangerous don't you think? Film the car/person and report it to the police. If no action is taken by the police, take out a civil prosecution against the car owner and claim costs and punitive damages. Also ask the court to bring the commissioner of police to explain why his staff do not uphold the law.
Ganni Ellull
May 6th 2010, 14:02
John, Do you have an idea of how long a civil suit takes here in Malta?I took someone to court for failing to pay me some 800 Euros, I had the written delivery notes duly signed by that person and all the paper work in order, it took 7 years for me to get a decision by the court, it cost me 1200 euros in legal fees which my lawyer says are unrecoverable, now if I want to get paid I need to go back to court and issue a garnishe order against the other party.If we were in UK things would have been different but alas this is Malta.This morning in the same street mentioned, a contractor parked his crane on the pavement blocking all access to a resident and obviousley the pavement and stone slabs and other debris falling onto the pavement. Where is MEPA? where are The POLICE , or maybe it is too sunny for them to leave the station and MEPA employees are in force in SLIEMA SEEING TO IT THAT THE ELITE ARE NOT DISTURBED.Cause it seems that MEPA is only strong when there is a news value to the story.
maria aquilina
May 5th 2010, 17:20
I really sympathise with this man.It is only after incedents happen that action is taken. I used to live above a bar during summer and when I used to report to the police no action was taken even though the bar should close at eleven it stayed open until the last customer leaves. This is an undisciplined country.Laws are being continuously broken and no action taken.Poor Malta and its citezens.
victor pulis
May 5th 2010, 17:13
I remember in the past a prospective shop owner had to get permission from the neighbours before he could open for business. is this still the practice?
Andrew Paris
May 5th 2010, 16:54
@Denis Catania
I see by your comment that you too have a lack of respect for others.
Maybe you should change housing with him for a month and we will see your tune change.
Denis Catania
May 5th 2010, 17:47
Does he have Air-conditioning ?
Does he have heat ?
Is he on the St George's side of Qormi ? I favor the Reds over the Greens.
If Yes, yes I'm ready to make the switch. Tal Bamballoni Aw.
M. Mercieca
May 5th 2010, 19:20
So now we know that you're not only a person with lack of respect towards others, but a sarcastic one too for that matter :(
Denis Catania
May 5th 2010, 23:58
M Mercieca why am I sarcastic? I would love to spend a month in Qormi (St.Goerge's side only please). Andrew asked me a question and I answered it. Wouldn't you ask those questions if you are going to exchange a property for a month. I have plenty of family in Qormi (St Georges side off course). Who did I disrespect ? The only person who got disrespected was the baker at Tal-Doughnuts, he got his property damaged and got threatened. Do you condone someone taking the law in his own hands ?
We have courts that handle such disputes. 400,000 people on a 126 Square mile Island and everybody wants peace and quiet. Good luck.
Joseph Cauchi
May 5th 2010, 16:54
.There is a legal notice -LN 01/2006- that regulates commercial noises.
The police should take action on the basis of this Legal Notice and avoid all the inconveniences to the aggrieved parties.
Why can't the Police Authorities just be PRO-ACTIVE and not wait for a formal complaint to be lodged?
This is what separates and distinguish between the boys and the MEN!
JC.
D. A . Agius
May 5th 2010, 16:34
I have bought from this business at any time of the day and night.
I have never made so much more noise than a simple opening and closing of the door of the car, and honestly I never was there when such noise as described was happening. I do remember when the shop in Tarxien was still open and my friends and I used to buy donuts and then go to the square further up the road.
We were never been a nuisance to neighbours. Unfortunately, the nuisance was always by some irresponsible individuals. Again, these are the same ones who drive on the road with a disco going on, the same ones who think they are in a racetrack all the time and those who really need a good dose of discipline.
They do it on a regular basis anywhere they meet and the only fault from the donut shop is that his donuts are very good, especially when fresh (which is why people go there at 3AM in the first place).
The main problem is enforcement and certain individuals who need to learn what is means to live in a society.
John Vassallo
May 5th 2010, 22:23
Mr/Ms D. A . Agius, perhaps you did not make much noise, but even a car door being closed will not allow residents to sleep because it is not one single door but the doors of all the customers, apart from the continuous smell of burning oil and other smells.
Robert Falzon
May 5th 2010, 16:33
Late nights, no traffic or industry noise, a few drinks ... and normally acceptable noise levels become magnified and unbearable... but then we were all young (and maybe not so young) and noisy.
Tolerance and patience are requirements in these situations. On the other hand respect and responsibility are also a must.
Charles Tabone
May 5th 2010, 16:07
I experienced a similar incident and the only option is to take matters in your own hands as the Maltese legal system is a joke, if you do not have friends in the right places. This is a clear case where the victim gets the blame. What a joke, “The inspector said the police would be going to the shop to check about his license to open late.” And if he doesn’t have a license, what would the police do!? Waste your time at court!
In a civilized country the proprietor of the Doughnuts shop and the Government that issued the permit would face a hefty law lawsuit for the unnecessary pain and suffering caused. Ironically our constitution states we have the right of enjoyment of our property but from a legal viewpoint it seems that noise and smells in Malta do not affect one’s quality of living. Ask the people in Paceville or this poor bloke how much he is enjoying his property!? What a joke of a country and legal system. Shame on the judge she should have had more common sense. Mr. Bartolo was defending right of a night rest in his own home.
S.Scicluna
May 5th 2010, 16:00
If it will be proven that there have been complaints lodged to the police about this inconvenience but they failed to take the necessary effective action to stop it (hence resulting in the agression of the incumbent), will they be prosecuted for their lack of duty?
M.Fenech
May 5th 2010, 15:52
Nista' nifhem lil dan il-persuna, ghax dawn l'affarijiet veru ta' nkonvenjent u dwejjaq kbar.Jiena noqghod fi triq dejqa goz-Zejtun,wiesgha xi 4 metri u xi 20metru l'isfel minni hemm grocer. Pero quddiemi hemm xi ftit aktar wisgha, xi 5 metri u l'agenti u d-'delivery men' kollha jieqfu quddiem il-garage tieghi biex jinqdew huma u biex nohrog jew nidhol fil-garage tieghi, dejjem b'xi problema. Ghalxejn hemm il-yellow lines ghax xorta jipparkjaw, u dejjem ikolli ncempel lill-pulizija. Sitwazzjoni tal-biki,pero nahseb li mhux se ndum aktar bl'inkonvenjent wahdi biss. Kif taghmel jaghmlulek, u kif jaghmlulek trid taghmel lura!!!! B'hekk izzomm il-mizien fin-nofs!!!! Two wrongs doesn't make one right, BUT THEY KEEP THE BALANCE!!!! U naf x'jien nghid!!!!This is Malta!!!
J.Grech
May 5th 2010, 15:48
It-tort hu kemm tal-Mepa u kemm ta l-awtorita tat-turizmu ghax l-ewwel permess minghand il-mepa johrog. Hi tal-misthija kif bniedem ma jistax joqghod ghall-kwiet go daru. Hwienet bhal Bars u dawn il-confectioneries qeghdin ikissru lil kulhadd bil-mizika twerzaq u ttanbar sat-tlieta ta fil-ghodu. Ghandu ragun dan ir-ragel li spicca l-qorti ghax tasl fi stat li ma tiflahx izjed gurnata wara gurnata. Imma t-tort hu kollu tal-Mepa. Tghid hemm xi hadd li qed jghid lil xi nies minn fejn ghandhom jghaddu biex jehduhom dawn il-permessi? Tal-misthija.
Dan ir-ragel li qioeghed il-qorti m'ghandu l-ebda tort. It-tort hu ta min qed johrog dawn il-permessi ta dan it-tip ta hwienet qalb ir-residenti. Miskin hu min joqghod fuqhom.
Tistennewx prudenza minghand dawn tal-hwienet. Huma kull ma jinteresshom hu li jghamlu l-flus. Zgur mhux ser jimporthom li qed idejjqu l-girien
Owen Vella
May 5th 2010, 15:46
We used to live in the same street as the doughnut shop in Tarxien. Nearly every evening there was noise from cars and people talking and shouting till the early hours of the morning.
Because of constant noise in the evenings and sometime fights, we got fed up and tired and felt helpless to solve the situation ourselves. So we called the police twice and we used to see the police leave the doughnut shop with bags of doughnuts, without ever taking action.
Alex Ellul
May 5th 2010, 15:45
Social law: Evil rules when the good do nothing.
Corollary: When the rights of men of goodwill are not upheld by the law enforcer, then the good will take the law into their own hands and are then overtaken by evil.
Conclusion: The law enforcers are morally at fault in causing this incident.
I trust that the courts of justice would not only look at this incident as a case on its own, but examine the social aspect, the needs of the residents in the shop's vicinity, the ungodly opening hours, etc.
Philip Camenzuli
May 5th 2010, 15:45
Fejn qeghda l-gustizzja? Il-vittma jispicca hu l-akkuzat u min hu ala biebu igawdi...u halluna nghixu...u l-pulizija fejn huma meta hemm bzonnhom biex is-sewwa tirbah...doughnuts till late...mela mhux bil-hin dawn...jew anke l-pulizija jixtru d-dounghuts
Darren Galea
May 5th 2010, 15:41
I know whom have an Apartment there and had to leave the place because of this shop.
c. camilleri
May 5th 2010, 15:34
In my opinion the police should take action against the shop owner and free Kevin Bartolo.if any blame. He acted to safeguard his interest which the authorities very often are reluctant to do.
A Borg
May 5th 2010, 15:33
in Malta are there any laws regarding noise pollution?if yes what are the police doing about it ? I think the police need some good energy drink
C. Lia
May 5th 2010, 15:26
I hope that Gorg tad-Doughnuts won't be offended with what this man has done.
Reuben Abela
May 5th 2010, 15:19
he already paid for what he damaged by providing free advertising thanks to this article
b Sant
May 5th 2010, 15:18
go and have another look at another food shop in qormi -- 3 lane parking on each side of the road and not a single warden passes by
Anthony Busuttil
May 5th 2010, 15:14
minfuq !!!!!!!!!!!!!!!!!!!!!!!!!!!
The authorities are not doing anything regarding noise pollution. The government is far back according to EU regulations and recommendations of The World Health Organisation for NIGHT NOISE. The Maltese Government months ago issued a tender for noise mapping in Malta as per EU regulations. This is doing a lot of heath damage workers and resident alike. I know a hotel in Paceville which is losing thousands of business each day. Lots of complaints were raised with the Police and MTA. Some owners were taken to court i don’t know how many times and were fined €50. The authorities have to take this serious because soon we will have to pay EU fines and other local claims. The authorities have to check what are the WHO recommendations and ti implement them. If the authorities think that after 1 am the sound is controlled any were in Malta they are mistaken.Lets be honest with ourselves . Lets have the interest of the people and that of tourism at heart. Its useless that we invest in the industry and than we will have a boomerang effect. Just browse the internet and you will be shocked.
Martin Triganza
May 5th 2010, 15:14
I can fully understand this person because I am passing from the same experience. A vegetable/fruit hawker parks his van just opposite our house at 0630hrs early morning (before I reported him to the police he used to come at 0545hrs). We cannot sleep in peace because people from other streets come to buy his veg/fruit and we can hear them talking as if they are present in our bedroom. He is the reason for this public disturbance and some day I will loose my temper as this person from Qormi did. Police take action now !! Remove this hawker away from our area (Belvedere Street - Gzira) once and for all.
M Vella
May 5th 2010, 16:58
The licence of a street hawker states that he cannot stay in the same place for more than a certain amount of minutes so mr Triganza tell the police to ACT
Guy Mahoney
May 5th 2010, 15:13
Is it at all possible that no one from the local police station ever passed in the late hours by this outlet and noticed any of these inconveniences? We have several late night mobile discos roaming our streets after midnight - how come we never hear of any action against these jungle bunnies?
G. Cappitta
May 5th 2010, 15:10
mmmmm doughnuts!
M.Gauci
May 5th 2010, 15:07
Police inspector Sandra Zammit confirmed that people did gather outside the property till late. HEEEEELLLLLLOOOOOO free doughnuts anybody?
michael borg
May 5th 2010, 15:04
There was a similar shop in Tarxien we used to go there , people used to keep on coming even 3 am in the morning people banging doors , shouting , joking , loud music from cars . it was a nightmnare for neighbors
Aldo Busuttil
May 5th 2010, 15:50
I think it is the same guy (first Tarxien, than b’Kara now Qormi....) with the same problems
A. Borg
May 5th 2010, 14:58
Kulltant ma jibqalhekx ghazla hlief li tiehu l-ligi b'idejk l-iktar jekk ilu dawn l-ahhar 3 snin jirraporta ghalxejn! Jien ghaddejt minnhom dawn l-affarjiet . Tirrapurtah u l-kawza iddum sejra s-snin,l-inkonvenjent jibqa ghaddej u meta iccempel l-ghassa jghidulhek li hemm kawza pendenti l-qorti u int ikollhok tissaporti.L-ahjar huwa li tasal fi ftehim mieghu ghall-inkonvenjent li jkun qed johloqlhok.
L. Navarro
May 5th 2010, 16:36
Vera li qed tghid!! Kultant ma nistax nifhem il-ligi! Darba kellna karozza parkjatha taht il-gallerija bil-lejl li qatt ma konna rajniha qabel fit-triq taghna u ovja ma konniex nafu ta min hi! Bis-sistema gdida tal-licenzji minghajr l-isem tas-sid. Kellha xi problema bl-alarm system u kull karozza li tghaddi mit-triq din l-alarm idoqq!! U ma kienx bizzejjed ghax ma'l-alarm jdoqq il-horn non stop ukoll!! Lejl shih ma tistax torqod! U nervi telghin u l-ghada trid tmur ghal xoghol! Fil-5am meta ma flahtx iktar ghax kien se jaqbadni breakdown cempilt l-ghassa u min wiegeb qalli ' Iftahlu kawza l-qorti!!! ' Lol ..........u ejja!!!! Din ligi??? Niftah kawza fuq storbju bil-lejl u ma nafx ta min hi l-karozza. Kull ma riedu jaghmlu li jsibu lil sid fuq sistema taghhom, telefonata...Jekk joghgbok itfi l-alarm issa ghax qed tikser il-paci publika!' U tieqaf hemm! U mela nitla l-qort!! Sa fejn naf jiena ma tistax idoqq horn bil-lejl. Jew ma alarm ok??? Vera pajjiz tal-Mickey Mouse!
John Agius
May 5th 2010, 14:58
Min joqghod Birzebbuga nafu perfettament xikun storbju. Il kappilan tar rahal idecieda li jinstalla il qniepen tal kampnar idoqqu kull kwarta tal gurnata.....kieku tafu kif ahna mxebbajn ax min kmieni filodu qabel jisbah, sa tard bil lejl qed ikolna dan it tip ta noise pollution.....fejnhom l-awtoritajiet !!! u il kunsill lokali. Possibli ft' 2010 ghad ghanna bzonn dawn it tokki tal qniepen biex ifakruna il hin ??? ahna ir residenti mxebajn sal ponta ta mnehirna....ma tistax tistrieh minuta !!
Charles Galea
May 5th 2010, 15:19
Il-qniepen bil-kemm jinstemghu u mghandhomx x'jaqsmu! Kieku rrefera ghall-istrorbju tal-Freeport nahseb li kien aktar ikollu ragun. Barra dan, il-kwistjoni hi dwar storbju quddiem hanut. Min jaf kieku l-pulizija u l-kunsill jaraw l-istorbju u l-hmieg li jkun hemm fejn xi hwienet qrib il-Bajja s-Sabiha?
a vella
May 5th 2010, 15:19
Dear mr Agius,
it-tokki tal-kampnar tal knisja qed idejquk?!! Xi najdu ghal hsejes tal-containers jithabtu ma xulxin u l-hoss ta l-ajruplan ghadej min fuqhek? il-hoss tal-kmapnar lanqas jibda mal hsejes tal-freeport. Forsi am tafx kif il-kapillan ghamel dan l-arlogg biex ikun ghamel xi haga!!! Zgur li citadini ta Birzebbuga ma jdejquhomx il-hsejes ta tfal jirikrejaw ruhom fxi sport...ghax l-unika rahl ta dinja li m'ghandux din it-tip ta facilitajit!! U iva isa hemm l-estensjoni tal-freeport u tal-power station...dawk zgur jaghmlu gid ghat-tfal taghna!!!!
philip pace
May 5th 2010, 14:54
If I am not mistaken the permit is issued by the Malta Tourism Authority and unfortunately the permit is up till 1.00am. If an owner wants an extension for time up till 4.00am he is to apply to the Trade Department.
The Police know this and they also have a copy of the permits in their police stations.
The Police should do more than check, they should even force the owner to close the shop until he has good and reasonable permits up till 11.00pm!
Peter Korsten
May 5th 2010, 15:22
It would of course be in poor taste to make a joke about the police going to doughnut shops. :)
J Brownie
May 5th 2010, 14:52
Such business permits create the perfect storm for a range of inconviniences for the residents - commercial permits and residents simply don't mix and they should never be allowed
mario borg
May 5th 2010, 14:51
Quote ' The inspector said the police would be going to the shop to check about his licence to open late'. Shouldn't have they done this in the first place??? Miskin I pity this guy. A shop like that should not open the hours it does in the middle of the village.
Claire Busuttil
May 5th 2010, 14:48
yeah, these sort of confectionarey that stays open during the night, are very conveinient for people, who likes a mid night snack etc......but they cause for sure these inconveniences for the people living near by. The problem is coming from the lack of respect many people show towards others......you just do not stop your car with your stereo on high volume.....you just do not shout laugh in the middle of the night, when you know that there are people trying to rest.
S. Camilleri
May 5th 2010, 14:47
If our legal and enforcement system is so inadequate and inefficient, people have NO OPTION but to take matters in their own hands. I assume that the man reported the situation a number of times but those who were meant to protect turned a blind eye....
It is the authorities who should be in the dock or at least they must be held equally accountable and subject to the same legal provisions applied to the accused
M. Mercieca
May 5th 2010, 15:15
Well said !!
joe scerri
May 5th 2010, 14:47
The blame lays entirely on the so called in(competent) authorities that allow such outlets in the first place and do not take any action whenver complaints are made.
S. Buttigieg
May 5th 2010, 14:46
Unfortunately, I am led to believe that similar circumstances occured when the same business had a shop in Tarxien, and later Paola. In both cases residents used to complain continuously, and possibly, that's why the owner had to move elsewhere.
Thus I do understand the difficulties that such residents have to face. One possible solution to this should be that such shops would only be permitted to operate solely in non- residential areas. Advising the shop owner to close early would only be strangling such business.
Alfred Borg
May 5th 2010, 15:30
Mr. Buttigieg, the shop in Poala is still open, and hopefully it will stay. People need to learn not to shout if they are going to stop by to buy doughnuts late at night.
Denis Catania
May 5th 2010, 14:41
I remember when Pawlu you to scream TAL BAMBALLONI AW everyday early in the morning, no one threatened or damaged his cart. Mr Bartolo needs a chill pill.
M. Mercieca
May 5th 2010, 15:14
Mr. Catania, try and imagine yourself in the situation of Mr. Bartolo. Neighbours and shop owners nowadays have no respect for anyone. My bedroom is on the street and sometimes I spend sleepless nights, especially in summer, having to listen to conversations without end and loud laughter from neighbours who choose to stay sitting under my bedroom window till the early hours of the morning. What is your solution for such situations? and don't tell me to ask them to leave politely because I have already done so, more than once. Please let's not be selfish and keep others in mind.
Joss Galea
May 5th 2010, 15:17
shouting once early in the morning is one thing...and having to stay up all night because the noise is endless ALL NIGHT is another!! I get annoyed with few inconsiderate persons who sometimes pass from our street with full blast car stereos or walking and talking and laughing loudly in the middle of the night. Even people leaving their dogs alone at night in the balcony and barking at every fly that passes by. It is very very annoying believe me!!! Some peolple are just plain selfish!! Kuntent hu Kuntent Kulhadd!!
Derek Fenech
May 5th 2010, 15:35
X'ghandu x'jaqsam Mr Catania! And anyway Pawlu would be probably moving all the time with his cart and not cause inconvenience in a permanent spot like this shop is causing...and probably he didn't litter the place either. Please refrain from writing senseless comments..
Jfarrugia
May 5th 2010, 16:06
Picture this then Mr catania.
You buy flat, under the flat is a garage you think nothing of it. a couple of years later someone buys it and decides to open a confectionary / tal pastizzi etc etc. these are open till late every day 7 days a week, people stop / gather / make noise ,swear leave cars running fight etc etc etc.
All this while you try and relax after a days work every day of your life. You call the police station and get the usual issa nibaght lil xi hadd.
Now what would you do, chill pill or resort to rambo tactics???? you decide.
Denis Catania
May 5th 2010, 17:54
If I buy a flat in Qormi and there is a garage underneath it. I would either try to buy it or possibly expect a noisy car going in and out at night or a lovely bakery. It's 3 AM time to make the doughnuts. So the Maltese children can enjoy a fresh Maltese made doughnut. Instead a two day old doughnut from Italy.
George Mifsud
May 5th 2010, 14:40
When are the authorities going to better the living standards to the local inhabitants. When Mepa is going to restructure in the town planning of the Maltese villages and towns. Business and residential do not mix. Allocate areas for shops and get rid of the corner shops mingled with residential properties. Such frustrations are brought about by the society that the authorities have allowed and created. On the other hand this man knew where he going to live and such disturbances are Inevitable.
mario borg
May 5th 2010, 15:03
Emmmm Mr Mifsud the guy was already living there when the shop opened 3 years ago.
R.Borg
May 5th 2010, 14:33
Cases like these, which are a niusance to the neighbours and literally reduces your life time investment in your house to zero, are all the fault of whoever issue permits to open such outlets without the consent of the neighbours who have to bear all the consequences 7 days a week.
Ganni ellul
May 5th 2010, 14:56
a carpenter and a car sprayer/mechanic/dealer are disturbing the peace and tranquility in St Anthony street Zabbar, they do not have a MEPA or police permit to operate yet the police are more happy to issue parking tickets to people during the night and close thier eyes to indiscreminate parking on the pavements by car dealers and other shop owners during the day. A shop in the by pass has double parking in front of it most of the day, yet never do you see a warden or police officer issue tickets or correcting the offenders, these prefer to hide and do thier work during the night.
R.Borg
May 5th 2010, 15:36
@Ganni Ellul
I sympathise with you and all those who are going through similar circumstances including me! In my case, first I had to face a car sprayer everyday of the week till late at night under my kitchen balcony and when each time a report was done, the police (boy scouts) never took action until one day I found out that the sargeant was sprying his car at this sprayer, maybe for free. No wonder he did not take action until a new sargeant took over and the case was resolved. Now we are facing the arrogance of a car dealer operating without permit and with cars parked all over every space available, even on pavements with all the danger it involves for pedestrians. Obviously, no police or warden ever talk to him as he seems to be untouchable!
John Vassallo
May 5th 2010, 22:51
R.Borg You are right Mr Borg. This car dealer has two showrooms, one near the St Joseph's Home and the other in the bypass. He parks and washes his cars both on and under the pavement. He also parks his cars in other streets and has parked one of his cars in front of a residence in Triq is-Silla since 23 April. I have posted this information on the Times (On the dot) http://www.timesofmalta.com/articles/view/20100426/opinion/on-the-dot 26 April, and last Monday http://www.timesofmalta.com/articles/view/20100503/opinion/on-the-dot but still no action taken wither by the wardens or the police. The wardens are only there to pick on private drivers not car dealers.
L. Cassar
May 6th 2010, 19:14
I sympathise as well. Same story here, a sprayer without licence, spraying and panel beating till very late. Testing of cars all day long by passing by 'gas down' is also very common!! Although this problem has been reported last year more than once, this situation seems to have no happy ending! In addition to thinner odours, a bakery in the neighbourhood burning who-knows-what (surely synthetic material) contaminating all areas where the wind is blowing. Poor those who dine in this bakery.
Alexander Farrugia
May 5th 2010, 14:33
Dak li jigrilek meta tkun ilek tissaporti xi haga hekk. Jew tispicca tkisser u forsi twegga' lil dak li jkun, u tispicca l-qorti, jew tispicca frankuni ghax igennuk. Jew inkella jrid ikollok tkompli tissaporti kollox.
Whichever way you choose, you lose.
Michael Spiteri
May 5th 2010, 18:05
Kieku cempel l-ghassa kien ikun bizejjed. Hadd ma' jista jiehu il-ligi b'idejh.
Fenech M D
May 6th 2010, 09:58
@M Spiteri
If you can find a policeman. (sakemm ma jkunux qed jiehdu xi doughnut min hemm ;-))
Alexander Farrugia
May 6th 2010, 16:09
Safejn naf jien m'ghidtx li tiehu l-ligi b'idejk hija l-unika ghazla. Semmajt tliet ghazliet minn fost iktar.