Mepa permit not required for fair at Naxxar grounds, court rules

A court has ruled that there is no need for a person intending to use the trade fair grounds at Naxxar for a fair to apply for a licence for this purpose.

In a judgement delivered today, Mr Justice Giannino Caruana Demajo ruled it was common knowledge that commercial fairs had been held in the trade fair grounds for many years and that the fairs had been organised by the Malta Trade Fairs Corporations in which the government was a partner. This was not a clandestine activity, said the court.

Mr Justice Caruana Demajo gave his ruling in a case filed by TFEA Ltd against the director general of the Commerce Department.

The company claimed that it had requested the department to hold a fair at these grounds between June 24 and July 4.

However, the department had said that in order for a licence to be issued, the company would have to apply to the Malta Environment and Planning Authority for a permit for use of the land.

This decision was, in the company's opinion, unlawful, for these grounds had been used as a fair ground for 50 years. There was therefore no need for a planning permission.

The company requested the court to declare that no development permit was required to make use of the fair grounds.

The court pointed out that the land in question had been used for fairs since 1958 and until 2006 the fairs had been run by the Malta Trade Fairs Corporation.

In 2007 the fair was run by the Malta Fairs and Conventions Centre Limited.

As the groundrent on the land had expired in 2007 no fairs were held in 2008 and 2009.

The company had rented the land from its owners and had applied to hold a fair there.

In terms of the law governing commercial licence, this law provided that the director general was empowered to issue the licences.

However, the director could only issue this licence in the event that the premises was licenced for commercial fairs.

The director claimed that this land had not been licenced for this purpose by Mepa.

On its part the company submitted that the premises were covered by a police licence.

The court ruled that once the authorities had authorised the previous fairs on the basis of the permit already held by the company, this was a clear signal that the authorities intended such fairs to be legal.

It ruled that there was no need for the company to apply for any development permit to hold its fair.

The director was ordered to consider the company's request and to decide upon it within four days.