Rejection of application for Naxxar trade fair declared null and void
A decision taken by the Trade Department last year to turn down an application for the holding of a trade fair in Naxxar was today declared null and void by the Licensing Appeals Board.
The application had been filed by TFEA Ltd.
The Trade Department had explained last year that a commercial licence was needed for every trade fair that was held. Before the granting of a licence could be considered, the applicant had to show that the premises where the fair was to be held has a trading licence to hold fairs.
On 14 April 2010, TFEA applied to hold a commercial fair at the former trade fair grounds Naxxar. In its application it indicated that the grounds were licensed to hold fairs citing reactivated Licence 44/130. Since the licence, issued in 1975, was "to keep an office for the managing of the Malta International Fair at Nos 4 &5,Gwejda Street Naxxar" not to hold fairs from the grounds, TFEA was informed that its application could not be considered.
TFEA Ltd then took the case to court and won, the the First Court of the Civil Court ruling that licence 44/130 was to be considered as covering the grounds in question and that the licence was enough for the grounds to be considered as a premises licensed for the holding of fairs.
The court decided that no other licence was necessary and no request for a development permit was needed. It ordered the Trade Department 'to consider' the application for a commercial fair within four days
The court also ruled that its decision was to be applied provisionally until a decision was taken by the Court of Appeal.
The department appealed both decisions but it said it had considered the application for a commercial fair licence without prejudice to its appeals. It decided that the application should be denied.
In its ruling today, the Appeals Board said it was not within the competence of the Director of Trade to get involved in matters which were regulated by Mepa, such as whether commercial activity at the site had been stopped and issued of crowds, traffic and noise. . The director should only consider matters related to the site itself.
The board therefore concluded that the decision by the Director of Trade to refuse the application for the holding of a trade fair at Naxxar was null and void.
TFEA had planned to hold a trade fair in Naxxar in July last year, but Naxxar council objected, arguing that the government had not issued any permits.
The council insisted that the holding of the fair would violate the local plan.
The Naxxar site last hosted a trade fair four years ago.
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Mr ALBERT LEONE GANADO
Jun 28th 2011, 09:04
A victory for free enterprise and open competition. The court has also asserted the principle that regulatory and policing bodies have no right to arrogate to themselves powers which go beyond their remit of responsibilities. There is the feeling that the trade department first came to a decision not to allow the event and then worked backwards to find a tenuous justification for their refusal. I also sense a whiff of suspicion that as often happens in Malta the Ta Qali event operators wanted to enjoy a monopoly.
I do however sympathize with residents especially those on side roads who find their neighborhood being turned into a nightmare of unwelcome activity. Thoroughfares and parking should therefore be carefully controlled and this is where proper traffic management and policing responsibilities should be focused.
Schembri Ray
Jun 27th 2011, 22:31
It-Trade Fair sar festa ta' Junk food stalls u xejn aktar. Jien qadt ma mort MFCC ghax fis-sajf isbah minn post miftuh ghal-arja mawx ahjar.
Mr Jo Camm
Jun 27th 2011, 18:44
We stopped going to the Trade Fair since it was transferred to Ta' Qali. It is not convenient at all.
I don't know the whole story, but hope that TFEA will be compensated for loss of money. Let alone the outing we missed every year since then.
Mr Stanley Fenech
Jun 27th 2011, 19:23
Shall we be compensated for the loss of property value, and damages on our properties Mr. Camm, being residents close to an area declared not to be used for fairs any more when we bought our homes? It looks like no one gives a damn in this country about policies issued and approved by the parliament and the President.
If you do not know the whole story, how can you ask for compensation to be given to TFEA, the company whose Chairman stated that not even God himself will stop him from getting back the Trade Fair to Naxxar.
Food for thought!!!
K Zahra
Jun 27th 2011, 18:42
Thank you but NO THANK YOU !!!
Manuel Saliba
Jun 27th 2011, 21:14
Mr. Stanley Fenech,
Being a resident in the south for more than two years shall i be compensated for the loss of property value, and damages on our properties and health hazards for the power station the port etc etc etc.
I think you are a bit Funny with this argument
Mr Stanley Fenech
Jun 28th 2011, 10:12
Shall I mention the Mghatab Landfill, or are you one of the believers that it is just closed, and that 30 years of rubbish dumped there are just gone. We were promised that the fairs were to be closed, and now people are trying to change that. If people forgot the long traffic jams, arriving down to Kind's and Iklin and San Gwann, all pumping to one road...St. Paul's Str. then everyone is so short minded.
Rita Borg
Jun 27th 2011, 18:32
Naxxar Trade Fair was an outing for the family, apart from being an excellent sales point. Nowadays I no longer look forward to going.
Kurt Galea Pace
Jun 27th 2011, 20:17
If going to the trade fair was an outing for the family.... Errrmmm, I really pity you. Get a life!!!
Rita Borg
Jun 27th 2011, 20:56
Well, Mr Galea Pace, I don't need your pity. Someone needs to mind his own business!!! Who needs to get a life???
Yes, I used to enjoy Naxxar Trade Fair . Do you mind!!
Mr Stanley Fenech
Jun 28th 2011, 11:26
Mrs. Borg,
we did not, do you mind???
Mr V Mercieca
Jun 27th 2011, 18:29
I only visited the Ta’ Qali Trade Fair once and decided never again.
The atmosphere at Naxxar is much better.
Michael Bugeja
Jun 27th 2011, 18:11
F'Naxxar kien l-ahjar post, ghall familji, hemm hafna fejn timrah ,fejn go ta Qali qiesek qieghed taht xi kamp,fin Naxxar kienet vera harga,please ghamlu petetion u araw fejn l-aktar iridu nies.Grazzi.
Mr FRANS H SAID
Jun 27th 2011, 17:58
A. The single narrow road has not been used during the trade fairs for many years.
B. The main approach is from a wide road.
C. Other activities have been held after the Trade Fair was stopped.
D. How can that trade fair, which closed at 11 pm, be of nuisance?
E. Is there some collusion with the Ta' Qali people?
F. I have refused to go to Ta' Qali, but had always visited the one in Naxxar
Mr Stanley Fenech
Jun 27th 2011, 18:21
Which is the wide road you are talking about? I happen to live on St. Paul's Str., the only road leading to the Trade Fair grounds, and when fairs were held at Naxxar, the only place we were able to go was the Trade Fair, as it was impossible for us to get out of our house once the fair started, not to mention the ignorance of various visitors blocking drives, and garages urinating in front gardens and throwing marketing materials on our doorsteps. No, the nuisance has nothing to do with the Ta' Qali People, but with the Naxxar residents living close by to the old trad fair grounds who were promised back in 2006 that the fairs were gone for good, and somehow or another, people are finding ways of going round laws approved in Parliament stipulating that the Naxxar Trade Fair Grounds are not considered as such anylonger after reaching their full capacity and touching living areas from all sides.
Mr Carmel Garcia
Jun 28th 2011, 04:42
The wide road is behind the Naxxar Parish Church near the telephone exchange Mr Fenech. Even I from Santa Lucija know where it is. There is a lot of parking even in fields. I think, Mr Fenech you only know the street where you live, St. Paul's Street. Go around and have a look in all the streets of Naxxar.
Mr Stanley Fenech
Jun 28th 2011, 10:09
If you think there are so many parking spaces around, how come you visitors tend to park in front of garages, and in the first space found after spending hours blocked in traffic to arrive to the ground. Believe me, I am not the ony one who ended with cars parked on our property blocking entrances to our home, not to mention people urinating in our front gardens.
Mr A Cachia
Jun 27th 2011, 16:42
I'd LOVE to see the Trade Fair back in Naxxar.... I really dont like the one in Ta Qali.... its so small and its not organised at all !
Mr Mario Mercieca
Jun 27th 2011, 16:37
Hope they consider to hold the trade fair there again.
Mr Stanley Fenech
Jun 27th 2011, 17:23
If you are so keen to indicate that you live at Naxxar, why not state where, as most of the people living on the single road leading to the Trade Fair do not want it back because of the traffic generated throughout the year, and not only during the summer fair.
Mr Stanley Fenech
Jun 27th 2011, 17:34
My comment was in response to Mr. Peter Bonello's comment
Mr Peter Bonello
Jun 27th 2011, 16:05
please bring back the Naxxar trade fair.. so much better than what we have nowadays!!! PS, i live in naxxar and do not agree with the local council's decision!!
Mr Paul Caruana
Jun 27th 2011, 15:48
So does that mean that a trade fair may be held next year at the old site (2012)?
They should....I have a feeling that many people prefer the old site to the new characterless one in Ta Qali!
Alfredo Agius
Jun 27th 2011, 17:30
Indeed many do. Have you seen how dull, lifeless and uninteresting the one at Ta' Qali is?
I miss the old Naxxar fair. I used to really enjoy the place.