An upmarket restaurant in St Julians has managed to stop the police from closing it after a judge ruled yesterday that a court order was needed.

The issue rose after neighbours to The Villa Brasserie in St Julians, which forms part of the Le Meridien Hotel, complained about the “intolerable” noise and other alleged illegalities occurring on the restaurant’s veranda over a number of months earlier this year.

The police turned up and threatened to close it down if another wedding or function took place, operator Jeremy Cassar Torregiani told the court.

Mr Cassar Torregiani and the other operator, Mario Hammett, then requested the court to issue an injunction in order to stop the police from pursuing the threat of closure.

Last week the neighbours, Marin and Erika Hili, said in a judicial letter that an outdoor disco was held only recently on the veranda without permission, with the noise causing them intolerable inconvenience.

Furthermore, four large umbrellas had been placed on the veranda and were acting as a substitute to a tent which had already been removed by the planning authority.

Mr Justice Joseph R. Micallef yesterday ruled the police may not decide to close down an establishment unilaterally and without due process of law.

The Commissioner of Police would first have to pursue the closure order before a competent court and only when that order was secured could the police act.

Lawyer Kenneth Grima appeared for the operators while lawyer Nadia Vella appeared for the Attorney General.