The Waterfront Hotel in Gżira has again lost its bid to be permitted to set up tables and chairs outside its premises, despite other establishments having been given such permits. 

The hotel had been refused a permit by the new board of governors of the Lands Authority, a decision subsequently confirmed by the Administrative Review Tribunal.

The hotel launched an appeal in court challenging the tribunal's decision, arguing that the authority's board had not followed the recommendation of the authority's own officials and had acted against policy.

The hotel also claimed discrimination, pointing to other sites in the same street where permits for outdoor tables and chairs had been granted. 

The court, however, upheld the authority's arguments that in terms of its own policy, "each case shall be assessed on its own merits". 

The authority's board had argued that it had a right to change what could have been better done in the past, and what applied in the past was not necessarily still valid. It said it had therefore been decided to divide the street into blocks and where no permits had been issued so far, none would be issued so as not to lose parking space. No permits had been issued in the block of which the hotel formed part.

Mr Justice Anthony Ellul said the fact that encroachment permits had been given to other establishments in the same street did not mean that the hotel should have an expectation that its application would be upheld. 

The policy was very clear. The hotel might have a reasonable expectation, but that did not mean a legitimate expectation.

The hotel had not been promised or been given to understand anything. Furthermore, the position of the hotel could not be considered as having been the same as the other establishments given permits before the Lands Authority was constituted, the court said.