More and more complaints are being made every year to the Commission for the Rights of Persons with Disability over tables and chairs obstructing public pavements, with a lack of enforcement as authorities pass the buck.
CPRD chairman Oliver Scicluna told the Times of Malta he felt “powerless” as legal requirements, such as a 1.5 metre passageway around outdoor dining areas, were regularly abused and complaints to the authorities went unresolved for months.
“We try to contact restaurant owners directly and we receive a lot of help from the police, but we can’t call the police every single time,” he said.
“It’s a total racket. I want to see the authorities tackle these abuses head-on. The only way is a strong crackdown like we saw at the beaches.”
Mr Scicluna said the problem flew in the face of efforts to increase independence for people with a disability, suggesting the increase in complaints received by the CPRD was due to people having a greater expectation of accessibility in all public places.
Judging from complaints still being received, the situation remains very much the same
He stressed, however, that the problem did not only affect people with a disability: “Everyone should have a right to use the pavement”.
His comments come in the wake of a strong complaint issued this week by environment ombudsman David Pace, who said that serious concerns over the situation – from pedestrian access to the health impact of eating metres away from exhaust fumes – were routinely ignored by the authorities.
“Judging from complaints still being received and regular press coverage, the situation remains very much the same, and given the large number of permits issued for such development, it has clearly worsened,” he wrote.
Just yesterday, the Planning Authority approved four separate applications for outdoor tables and chairs: in Swieqi, Gżira, St Julian’s and Victoria.
Mr Pace said that it remained unclear which of the permitting authorities – including the Lands Authority, the Malta Tourism Authority and the Planning Authority – was responsible for the health and safety aspect of such developments.
This concern was echoed by the CPRD chairman, who said he was regularly shuttled back and forth between authorities.
Mr Scicluna said he would be meeting with the environment ombudsman in an effort to “join forces” over the matter.
Local councils have also sounded the alarm in recent months as on-street dining areas eat up much-needed parking spaces in entertainment hotspots.
Sliema mayor Anthony Chircop has called for the government to suspend new policy guidelines introduced last year, and for the policy to be amended to ensure that councils are part of the application process from the outset and authorities like Transport Malta weigh in before developments are approved.
The new policy streamlined the application process for outdoor catering areas, making it easier for establishments to apply and requiring councils to do more legwork if they are to contest applications.