A consultation document on outdoor dining in public areas overlooked enforcement, the Sliema local council said.

The consultation document released by the government made no mention as to which entity would be responsible for enforcement, it said. “The success of such a policy is highly dependent on the method of enforcement in place,” the council added.

It noted that the role of local councils to enforce regulations would be weakened “considerably” with the planning law reforms because current provisions on encroachments would be removed.

“Local councils need to have the legal basis to act on the removal of abusive positioning of tables and chairs,” the council said.

Its proposals include more emphasis on the responsibility of establishments to have their own waste collector and coordinate this with other restaurants in the area.

Local councils need to have the legal basis to act on the removal of abusive positioning of tables and chairs

The Sliema council is insisting that restaurants should be bound to place cigarette butt receptacles outside their premises and that any decisions on encroachment rights be taken in consultation with councils.

The council added that the proposed policy document made no mention of the innovative use of PV panels and other forms of alternative energy. “The council retains that such clean energy should be encouraged and should be mentioned in the policy in order not to have an unregulated grey area which will only result in such initiatives being rejected, as they are not accounted for in the policy.”

The Sliema council is one of several that had to grapple with restaurants expanding into public areas by placing outdoor chairs and tables there over the past few years.

The main bone of contention has been enforcement, because no authority seems to be empowered with taking action when restaurants go beyond designated areas, block footpaths or build cumbersome ‘temporary’ structures to protect diners from the elements.

The government policy document, published in September for consultation, aims to facilitate the placement of tables and chairs in open public spaces by designating the Malta Environment and Planning Authority as a one-stop shop for issuing permits.

While this will simplify procedures and make it clearer for restaurant owners, the policy leaves the enforcement side of things untouched.