A court has stopped a permit granted by St Julian's Council for an event organiser to set up drinks stalls on St Patrick's Day.
The permit raised a storm of protest by bar owners in the locality, who then applied to the courts to issue an injunction against the permit.
Their request was upheld today.
Celebrated on March 17, the beer fest marking Ireland’s patron saint is fast growing in popularity, becoming a good source of revenue for bars in tourist areas as hundreds of Maltese join in.
The controversy erupted over a permit which St Julian’s council granted to Philip Gatt on behalf of Massive Promotions to set up stalls in the parking area outside the former Tigulio discotheque in Spinola.
Last Tuesday, a court temporarily upheld a request filed by a number of bar owners in the area – EW Enterprises, Tigi Complex and IE Limited – to block Massive Promotions from holding the event. The request was fully upheld today.
In their request, the bar owners complained that the permit was “illegal” on the grounds that it was not in line with the local council tendering regulations and subsidiary legislation on activities requiring a council permit.
Madam Justice Jacqueline Padovani Grima heard that in September Mr Gatt had approached the council and suggested that he be given an exclusive contract to organise the Saint Patrick's Day festivities in Spinola Bay. The council had unanimously agreed with Mr Gatt's proposal but said that it would insist on financial compensation.
Last October the council again met Mr Gatt who requested a three year contract and it was agreed that Mr Gatt would be given a one year contract and pay €2000.
It further resulted that the money payable by Mr Gatt would not cover the cleaning costs after the festivities.
The Mayor of St Julians had told the court that the council was in favour of Mr Gatt's proposal as it included the playing of Irish folk music, the provision of mobile toilets, the deployment of security officers, police officers and an ambulance.
Mr Gatt had told the council that he would engage an Irish band.
No public call for expressions of interest in this project had been issued, and the council was later informed by the Department for Local Government that the permits issued were contrary to law.
The bar owners told the court that they had been organising this festival by setting up stands by way of an extension to their pubs for many years. This year, however, they noted that the sites allocated to them were not the usual ones as Mr Gatt was being authorised to set up a large tent outside of Tigulio.
They added that they had not been given their usual permits for the playing of music. They denied that Mr Gatt was going to play Irish folk music as he was advertising that he had four Bay Radio DJs to play music at the activity.
They said that the granting of the permit to Mr Gatt would endanger their livelihood as Mr Gatt was also entitled to sell the alcohol he himself imported.
Madam Justice Padovani Grima said that the council ought to have issued a call for expressions of interest and that the bar owners' habitual clientele would be hijacked by the council and Mr Gatt. The court therefore upheld the request for the warrant of prohibitory injunction.
Dr Luciano Busuttil appeared for the bar owners.
COUNCIL'S REACTION
In a reaction, St Julian's local council said its only purpose has been to ensure that the St Patrick's Day festivity was held in an organised manner and did not involve it in any outlay, as happened in the past.
The council said that while it would respect the court's decision, since it had no control over this activity, it would not shoulder responsibility for it, or make financial outlay, more so as this activity only benefited a small number of commercial outlets.