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Appeals Court confirms that Naxxar grounds licensed for holding of trade fairs

People crowd the former Naxxar trade fair.

People crowd the former Naxxar trade fair.

The Court of Appeal has found that a decision of the Director of Commercial Services in the Trade Department to ignore a court judgment for the issue of a licence for the holding of a fair in the Naxxar Fair Grounds was a dangerous precedent which undermined the authority of the courts and the Rule of Law.

This decision was delivered by Mr Justice Raymond C Pace presiding over the Court of Appeal (in its inferior jurisdiction) in a case filed by Paul Abela and TFEA Ltd against the director.

The court heard that Mr Abela and the company had filed judicial action after the refusal of the director to issue a licence for the holding of  trade fair in the Naxxar Trade Fair Grounds.

In 2010, following a previous application filed by Mr Abela and the company, the First Hall of the Civil Court had ordered the Director to consider the application for the licence to hold the trade fair.

The Director had subsequently refused to issue the licence and Mr Abela and the company appealed to the Licensing Appeals Board. In June of last year the Board had found in favour of Mr Abela and the company.

The Board found that the Naxxar Trade Fair Grounds were licensed premises for the holding of trade fairs. Mr Abela and the company's application for a licence to hold a fair had therefore been refused without valid reason at law.

On his part the Director submitted that he had discretionary powers to decide upon the issue of a licence after seeing what impact a licence could have on the environment and on the implementation of public policy. The Director submitted that the Central Malta Local Plan of 2006 had stipulated that in the event that the Trade Fair activity ceased to operate in Naxxar, then MEPA would not permit the continued use of this site as a trade fair.

Furthermore, the Trade Fair Grounds had been used as an electoral counting hall since the Local Plan was published, the Director had argued.

But the Appeals Board found that the Director was not entitled to deal with issues that were supposed to be regulated by MEPA. The Director was only supposed to consider aspects relating tot he site itself and not possible MEPA policy.

The Board then found in favour of Mr Abela and the company and annulled the Director's refusal to issue the licence.

The Director then appealled to the Court of Appeal. Mr Justice Raymond  Pace ruled that the Trade Fair grounds were licenced for the holding of fairs. This fact had been recognised by the previous court judgment delivered in 2010.

The manner in which the Director had ignored the previous court judgment was a dangerous precedent which would undermine the authoritiy of the courts and the Rule of Law. No court could allow this to happen on the basis that this would erode the concept of democracy and the upholding of fundamental and ordinary rights.

The decsion of the Appeals Board was, the court said, correct, as it clearly resulted that the Trade Fair grounds were licenced. The fact that the grounds had been used for electoral purposes for some years was irrelevant.

The Director's appeal was dismissed and the decision of the Appeals Board was confirmed.

See also http://www.timesofmalta.com/articles/view/20100716/local/naxxar-trade-fair-postponed.318040

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Mr Andrew Grech

Jul 18th 2012, 16:10

Mr Galea, could you please enlighten us as to why 'many residents of Naxxar would like the Trade Fair back'??

It is like saying that the people of B'Bugia are happy with their current situation or the residents of other localities who 'suffer' from excess traffic, noise, etc are happy to retain it and if they had to lose it, they would welcome it back!!

Your scope is purely commercial being one of the directors of TFEA Ltd, so I don't blame you and your comments however the democratic system has been challenged and could easily mean that all other Local Plans are now worthless. So has the common sense of what is suitable for a Trade Fair been challenged. I may agree that Naxxar has a better feel than Ta' Qali but Ta' Qali has all the logistical aspects of a Trade Fair ground.

I have lived in Naxxar for 33 years. Over the years it got unbearable but that is besides the point. The now heavily built up area and the roads leading to the ex-Trade Fair Grounds do not allow for such activities.

Even more worrying is that the MEPA local plan has been deemed worthless!!!

Two years ago you were meant to hold your first summer fair...I really do not think that these fairs have been missed (but that is my opinion). My fairs are online.

Mr Andrew Grech

Jul 19th 2012, 01:12

Dear Mr Zammit

You have got it all wrong! If the Power Station or the Freeport or the Gas plant had to be removed because of some legitimate reason, as instructed by Mepa or any other governing body and two years later, that decision gets revoked, how would you feel?

Its not about one fair (please note that during the last one year period of fairs in Naxxar (Sept 2006 to July 2007), the number of Fairs that took place was 15. Fourteen 'small' fairs of 4 days each and the summer Fair lasting 11 days. A total of 222,000 visitors made it to the 'small' fairs whilst 150,000 attended the summer fair. A total of 67 days with an invasion of 372,000 visitors.

Piero Selvaggi

Jul 18th 2012, 09:25

Well I don't. Likewise ALL the residents in Naxxar. I Invite all of you who just look at the commercial side of the event to come and spend a week in Naxxar during the fair. It is a nightmare. Cars parked haphazardly, rubbish all over the place, drivers ignoring one way signs,.... need I say more. When the fair was stopped, residents of Naxxar felt relieved. Now what???? I would also liketo invite Mr Justice Raymond C Pace who delivered this sentence to visit us during one of the fairs to "EXPERINECE" the lovely event.

To all those who use the trade fair as an outing.........there are better places to visit in Malta and seems that you have not much fantasy in your life. Poor people, they have not been out enjoying themselves since this was moved to Ta Qali. MAH!! The mind boggles with this thought.

Alfred J. McEwen

Jul 18th 2012, 10:17

Alfred J. McEwen
@ Piero Selvaggi

Whilst I sympathise with you on some of the aspects that you mentioned a lot of people go to trade fairs to buy things which during the open period are cheaper to buy.. And furthermore in as far as your inane comment is concerned, we don`t live in a `fantasy`as you are purporting, and anyone might think that because people go to the trade fair your mind is under the impression that there are no other places in Malta that people can enjoy well, you are very wrong there The move back to Naxxar is a necessary one until this miserable administration or any future one decides to make the road system in Ta`Qali or (someplace else for that matter) a little more civilised and accessible without the risk of incurring serious damage to one`s vehicle.

Mr Stanley Fenech

Jul 18th 2012, 12:03

@Alfred J. McEwen - Thanks for your concern.

So in order for you not incur any faults on your vehicle, we Naxxar residents are made to incur the problems on our properties from uneducated and frustrated visitors who park wherever they feel like, once they are blocked in traffic waiting to go to the Naxxar Trade Fair. Yes that is exactly what used to happen on a daily basis whenever a relatively large fair was held on the grounds.

Unfortunately these were the kind of problems we had to face in the last five to eight years that the trade fairs were held at Naxxar. Visitors used to block garages and parking in private drive-ins or on private properties, roads made inaccessible to residents because of traffic jams that were the rule of the day on the single road leading to the Trade Fair Grounds, and the list goes on.

This is just to show why bloggers in the past tried to hint that we are the selfish ones not wanting the Trade Fair back besides our homes.

Alfred J. McEwen

Jul 18th 2012, 12:53

Alfred J. McEwen
@Stanley Fenech

Since when should damages incurred on one`s vehicle not be a factor? In as far as the blocking of driveways and garages is concerned then it`s up to the local council to fine motorists (heavily) who are causing any obstructions and to exercise proper traffic management in the area where situations such as these will not occur. That is what they `re supposed to be paid for in looking after the interests of the residents. However, I do not agree with you that the venue for the Trade fair should be changed because of the local council`s inability to effect correct traffic monitoring. You should voice it to the local council in a manner which is loud and clear that such antics like parking in front of driveways and garages will not be tolerated and the appropriate towing services should be called to enforce zero tolerance on those that are selfish and inconsiderate to have the temerity to commit illegal acts.

Mr Stanley Fenech

Jul 18th 2012, 14:02

@Alfred J. McEwen

Just for your information...we have been stating this for the past years...the change of use of the grounds was indicated by MEPA in its local policy plans and not by the residents or local council.

As for law enforcement, I was once going to get fined for calling the wardens because my property (main door and garage)were being blocked by vehicles and by the time the wardens and the tow truck made it to my properties the so called educated drivers had the time to come back from the fair load their cars with their bargains and left (almost one and a half hours after my arrival) scotch free. So please don't tell us to shout more that we did in the past.

Not to mention the switching off of traffic lights to accommodate the traffic leading to the Trade Fair and other traffic arrangements which only accommodate the visitors and completely disregards the residents. It is a lot easier for those who never experienced the inconvenience of such events continuously. I can write volumes on such incidents experienced by many other residents. But unfortunately, there is no one ready to listen on the other side.

Alfred J. McEwen

Jul 18th 2012, 15:41

Alfred J. McEwen
@ Stanley Fenech

It`s not that I don`t sympathise with you regarding the blocking of yours and many other driveways, however these drivers of these vehicles are in fact highly UN-educated, but may I point out once again that the onus is on the council (which seems to be dead from it`s Adam`s Apple upwards) to prevent such events from occurring. These distasteful events happen regularly wherever you go Sliema and St. Julian`s are other areas of many, and it will be rectified only if the councils take a tougher stance to stop these shenanigans. Better policing around the areas in proximity of the trade fair grounds is paramount, and the council certainly needs a wake up call by the residents to address any future situations.

Giov DeMartino

Jul 18th 2012, 08:12

We do hope so!

Anthony Galea

Jul 18th 2012, 07:44

The court ruled according to the facts , this is that the Trade Fair Grounds Naxxar are liscenced to hold fairs.It operated for more than 50 years and whoever bought property there was aware of the Trade Fair in Naxxar. It seems that the only residents that ask for protection even if it is against the Court decisions are those of Naxxar. What about all other places in Malta like Marsaxlokk and Marsa with the power station and Sliema with thousands of cars in the weekend and Floriana with all concerts on the Fosos? What about us in Attard, we have to face the traffic of all footbal matches of MFCC, of all the Sunday outings and picnics,the load music from open air discos and beer festivals. The withholding of the permit in Naxxar is far from just protecting the Naxxar residents!!

Tony Borg

Jul 18th 2012, 07:47

Mr. Fenech, your story sounds exactly like those guys who bought a cheap plot of land next to the LIJA fire works factory with the intent of driving it away. I was offer a very cheap plot too, but they never sold me the idea.

So you must have been fooled to be sold such an idea as those grounds could have been converted to serve other matters for sure. I'm sure that the owners would let such a large commercial area left redundant.

Lack of foresight .......for sure or, an opportunist action gone astray.

Mr Stanley Fenech

Jul 18th 2012, 08:19

@Anthony Galea, as I have replied to you some time back, I sympathise with the people from other localities unlike yourself. Having said that, it is far from true that only the residents from Naxxar have complained. Take a look at the people from Marsaxlokk, the local councils of Sliema and Floriana, shall I continue further.

As for the traffic caused by the matches at Ta' Qali, this is in most of the case diverted to various routes and not only through Attard. Moreover it is normally limited to a few minutes before and after the match. In our case the traffic jams are there for the duration of the fairs (which lately were being held almost every three to four weeks) and the problems we face are normally during the opening hours (in some cases till late at night) when the employees working in the stands return back home. (That is approximately 6 hours of traffic jams daily during the annual trade fair between 5:30 and 11:30, and slightly less for the smaller fairs). For us residents we had to face situations were in order to reach home we had to park our cars 2Km away from home because the road to our home is closed because of traffic (A quick look at Google Maps can prove my point for the non-believers).

@Mr Borg - we never asked for the grounds to remain redundant. We just wanted to avoid the problems that activities such as fairs (where a large number of cars are directed into a limited space for long stretches of time).

As for the lack of foresight...I thought that the MEPA policy plans were meant for this purpose to have a long time plan for a locality. Otherwise these policy plans are also a wasted public funds. And no, I was not sold the idea, I just put my trust into what was meant to be there to protect the citizens and ended up helping the lucky few (whichever side you see it).

Jessica Smith

Jul 18th 2012, 08:38

Mr Stanley Fenech what if the area is turned into blocks of flats with the residents having cars?
You will be forced to have increased traffic all the year round nto only for the fifteen days that the trade fair is open.

Mr Stanley Fenech

Jul 18th 2012, 08:52

@Ms Jessica Smith, the amount of flats that can be built on the area would never cause the amount of cars visiting the fairs. One can easily do the calculations. The grounds are limited by the policy plans on the amount of land that can be used and the height that can be reached. But there again...these policy plans were thrown down the drain by our courts with this ruling. So much so for the public funds.

Anthony Galea

Jul 18th 2012, 09:01

Mr. Fenech, I assure you that the permit was not being held to protect the Naxxar residents, far from it, but to protect others to the detriment of the consumers, the business community, 300 exhibitors and 90 % of the public are in favour of Trade Fairs in Naxxar. I do agree that the International fair of Malta held ones a year created traffic congestions but the specialise fairs organises every three weeks had not created any inconvenience at all. Who is going to recompense the loss of opportunities and loss of business that we exhibitors have lost? With regards to the MEPA it had no right at law to terminate the right of use for the Trade Fair Grounds. This was said in a article published by the Times of what a MEPA spokesman had said in 2010. By the way the Mepa are now recommending to change the Ta' Qali action plan which was approved by Parliament and turn a temporary site into a permanent one.

Mr Stanley Fenech

Jul 18th 2012, 09:15

@Anthony Galea...to make things clear, I am not against any activities held at the Naxxar Trade Fair Grounds. What I would like to see, and even more so now that the court issued such a ruling is to have the business community find ways to make sure that such inconveniences that were experienced in the past by the residents are taken into consideration seriously.

I for one used to visit the Trade Fair Grounds at Naxxar throughout my youth and was fond of it being held at Naxxar. I strongly believe that the stretch of land can be landscaped into a beautiful land mark (possibly restore the majestic patio one finds in the middle of the grounds to its original beauty).

However the situation in the last years of activity deteriorated in such a way that it was causing us more and more problems and nuisances. Even the way the grounds were further developed to include more stands unfortunately helped to lose some of the old beauty of the grounds as we used to have them in the old days. For the time being we just have to wait and see how things develop.

Anthony Galea

Jul 17th 2012, 22:55

Yes that is what will happen . The director of trade should be held responsible and shoulder the expense. Furthermore he should offer his resignation without further delay

John Caligari

Jul 18th 2012, 07:58

second judgement against this office in a week.

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