A magistrate today barred the Victoria council from moving the open market from Independence Square to the nearby Piazza Savina as the move amounted to a breach of monti hawker licences. 

The magistrate 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 square for decades. 

The application for an injunction was filed after the council unilaterally decided to move the market to a nearby square while Independence Square, better known as It-Tokk, undergoes major renovation. 

The hawkers argued that they had been granted permission to set up in Independence Square and their licences to sell their wares from It-Tokk have always been renewed. 

They argued that the new location was not as central as It-Tokk and that the relocation could affect 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 that 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 and that 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 Spoteri Bailey and Victoria Cuschieri. The Victoria local council was represented by lawyer Georgine Azzopardi.