A barman and his employer were yesterday acquitted of breaching VAT laws after a magistrate heard that the bar’s till could be opened for reasons other than a sale.

Muddy Waters owner Patrick Spiteri and employee Alfred Vella were facing a minimum fine of €700 each but argued that the only reason the cash till was opened was to give change for cigarettes, not to sell.

The case was instituted by the VAT department after inspectors entered the bar and noticed Mr Vella was not fully acquainted with the machine and according to its records, the till was opened a number of times.

They charged them with failing to issue a receipt.

VAT Inspector Jonathan Fenech testified he had gone to the bar at 8 p.m. on April 27, 2011, and found no one there but the barman. He inspected the till and found that it had been opened a number of times and that the barman did not know how to operate it properly.

Defence lawyer Stefano Filletti told Magistrate Doreen Clarke the till was opened because people asked for change to use in the bar’s cigarette machine.

He said there was nothing sold because it was early and no one was in the bar. Magistrate Clarke acquitted them.