The Victoria local council has been barred from relocating the open-air market from Independence Square to the nearby Piazza Savina in Gozo as this amounted to a breach of their licences.
A magistrate presiding over the Gozo court issued an injunction against mayor Samuel Azzopardi and the Victoria council upon the request of a number of hawkers who have been setting up their stalls in the same square for decades.
The application for an injunction was filed after the council “unilaterally and without consultation” decided to move the market to a nearby square while Independence Square, better known as It-Tokk, undergoes major embellishment. The traditional open-air market is set up from Monday to Saturday.
The hawkers argued they had been granted permission to set up in Independence Square for several years and their licences to sell their wares from It-Tokk have always been renewed.
Hawkers argued move could hit their businesses
They argued that the new location was not as central as It-Tokk and that the relocation could impact their businesses. Moreover, they complained that Pjazza Savina was significantly smaller and they would have difficulty setting up and dismantling their stalls. They also claimed they had not been consulted about the decision.
Magistrate Joanne Vella Cuschieri upheld the hawkers’ claims, saying they had sufficiently proven their right to continue setting up their stalls in Independence Square. Moreover, the court said they had not been consulted on something that could directly affect their livelihood.
In addition, the court said the relocation would affect the conditions of their licence, which amounted to a breach of their rights. These changes should at least be explained to them if any such decision were to be implemented, the court said.
The court therefore upheld the hawkers’ request and issued an injunction barring the council from relocating the open-air market to Pjazza Savina.
The hawkers were represented by lawyers Ian Spiteri Bailey and Victoria Cuschieri. The Victoria local council was represented by lawyer Georgine Azzopardi.