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.