Summer is a time when hawkers and kiosks set up close to beaches and tourist hubs, but regulation of the sector is complex and anyone wishing to complain about those breaking the rules faces a tough time.

There are six different authorities handling the permitting and enforcement of hawkers and kiosks. They deal with different aspects of the commercial activity depending on how long a hawker stays on location, whether food is being served, or tables and chairs are being used.

Times of Malta experienced the difficulties faced by a member of the public wishing to file a complaint about a kiosk that had taken over an area close to the Olympic Grove at Xemxija Bay. It took three weeks to establish which authority was responsible for what aspect of the commercial activity.

Non-compliance is an offence and enforcement falls within the remit of the police

Based on complaints received by this newspaper, it seems the maze of regulations is not serving to ensure a level playing field among licensed establishments and hawkers but, on the contrary, is working in favour of those slipping through the net of the different authorities involved.

While all hawkers and kiosks require a licence issued by the Trade Department, enforcement of the law depends on whether a kiosk is mobile or fixed.

Fixed kiosks are regulated by the Malta Tourism Authority, one-off permits are given by the local council, and if tables and chairs come into the picture then a permit is needed by the planning authority (Mepa). When food is being sold, prior approval by the health authorities must be sought.

Transport Malta intervenes to check if a large vehicle parked at a location would pose a safety hazard.

Owners of business establishments affected by those breaking the law told this newspaper it was a “nightmare” to get to the right authority that would intervene in any particular situation.

The Investment and Small Business Ministry said the starting point should be the police. “Non-compliance is an offence and enforcement falls within the remit of the police,” a spokesman said.

Yet, when Times of Malta reported an unlicensed sunbed and umbrella hawker at Ramla Bay, in Gozo, he remained on site despite complaints filed to the police, to the detriment of fully-licensed hawkers giving the same service a few metres away. The law states that the trading licence must be displayed in a conspicuous place, although this proviso is often ignored.

Also, understanding when the activity is in breach of regulations is not an easy task in itself.

A different set of conditions govern fixed kiosks and hawkers and ‘mobile’ kiosks, although the term can be misleading because a permit can be obtained for the vehicle to be parked in a particular spot day and night for a period of time that could range from one to four months.

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