Legislation 441.04

ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 1
SUBSIDIARY LEGISLATION 441.04
ACTIVITIES REQUIRING PERMIT BY LOCAL
COUNCILS REGULATIONS
1st June, 2002
LEGAL NOTICE 119 of 2002, as amended by Legal Notices 233 of 2002,
37 of 2004, 426 of 2007, 129 and 269 of 2009, 248 of 2011, 474 of 2012,
154 of 2015, 193, 251 of 2016, 222 and 436 of 2018 and 175 of 2019.

  1. The title of these regulations is Activities Requiring Permit Citation.
    by Local Councils Regulations.
    Definitions.
    Amended by:
    L.N. 233 of 2002;
    L.N. 222 of 2018.
  2. In these regulations, unless the context otherwise
    requires –
    “Act” means the Trading Licences Act; Cap. 441.
    “activity” means any activity that requires a permit or licence
    from the Local Council according to these regulations;
    S.L. 497.14
    “Agency” means the Local Enforcement System Agency as
    established in the Local Enforcement System Establishment as an
    Agency) Order;
    “applicant” includes any individual association or body of
    persons or any other entity, which applies to the Council according
    to these regulations;
    “authorisation” means any authorisation, permit or licence which
    may be issued by the Local Council according to these regulations;
    “establishment” includes any shop, showroom, stall, store or any
    other premises from where any commercial activity is carried on;
    and includes any enclosed area within which commercial fairs are
    held and includes also any as may be prescribed
    from which any service may be provided;
    “goods” means any thing, product, commodity, articles and
    merchandise exposed or offered for sale in any open-air market;
    Cap. 363.
    “Local Council” shall have the same meaning as assigned to it by
    the Local Government Act and any reference to Local Council shall
    be deemed to be a reference to the Local Council of that locality
    where the activity is to be held or where the open-air market is to
    be established;
    “locality” shall have the same meaning as assigned to it in the
    Act;
    “market hawker” means any person having a valid licence issued
    from the regulatory authority to act as a market hawker;
    ” M i n i s t e r ” m e a n s t h e M i n i s t e r r e s p o n s i b l e f o r L o c a l
    Government;
    S.L. 441.07
    “open-air market ” means any one of the markets listed in the
    Fourth Schedule to the Trading Licences Regulations;
    2 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    “refuse” means any waste or material intended to be disposed of;
    “relative fee ” means the fee that shall be paid for such
    authorisation, permit or licence according to Schedule B;
    “stall” means any vehicle, compartment, bench, board, trolley,
    table or receptacle or a combination thereof placed in an open-air
    market for the sale of goods;
    “stall space ” means the area delineated by ground markings
    defining the space allocated to a market hawker and includes the
    height of such space;
    Cap. 10.
    “street ” shall have the same meaning as assigned to it by the
    Code of Police Laws, provided that there shall be excluded any
    quay or other public zone along the sea-shore while registered
    fishermen are utilizing same for fishing purposes and, or the
    temporary or urgent maintenance of fishing craft which are duly
    licensed by the competent authority for fishing purposes;
    “vehicle” means any vehicle whether mechanically propelled or
    not and includes any cycle, cart, wagon or trailer.
    Application to the
    Local Council.
  3. (1) Every application in accordance with these regulations
    must be submitted to the Local Council where the activity is to take
    place on the prescribed form in the Schedule.
    (2) The application must reach the Local Council as established
    in these regulations.
    (3) Every authorisation issued by the Local Council shall be
    subject to the terms and conditions applicable to a particular
    activity in accordance with these regulations.
    Method of
    application.
    Amended by:
    L.N. 222 of 2018.
  4. (1) Each application shall be numbered, dated on receipt
    and registered in a register kept for such purpose.
    (2) Each application shall have the information and documents
    as necessary together with the fee payable as established in
    Schedule B.
    Issuing of licence. (3) Every permit, licence or authorisation issued under these
    regulations shall be signed by the Executive Secretary of the Local
    Council or by any other person authorised for such purpose by the
    Local Council.
    (4) Every permit, licence or authorisation issued under these
    regulations shall be valid for the period as established on the same
    permit, licence or authorisation.
    (5) Unless otherwise specified in these regulations the general
    conditions shown in Schedule A shall apply for any licence, permit
    or authorisation issued under these regulations.
    (6) Any permit, licence or authorisation issued under these
    regulations shall be displayed and must be shown on demand by the
    Police or community officers or by any other person so authorised
    by the Council.
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 3
    Licence
    conditions.
    Amended by:
    L.N. 233 of 2002;
    L.N. 474 of 2012;
    L.N. 193 of 2016;
    L.N. 251 of 2016;
    L.N. 175 of 2019.
  5. (1) No person may carry out a commercial activity from a
    commercial premises or open-air market in any locality without a
    licence issued from the regulatory authority and an authorisation to
    carry out that activity from the Local Council.
    (2) (a) The Local Council shall ensure that in the streets
    where an open-air market is established there shall be
    marked parking spaces for the parking of hawkers’
    vehicles.
    These spaces shall be 2.5m by 6m and shall have
    marked on them the identification number showing the
    hawker’s stall, so however that when the markings are
    drawn up, the Local Council shall see that adjacent to
    every space there shall be sufficient space of not more
    than 2.5m by 6m for the stall to be set up near the
    vehicle.
    (b) Notwithstanding the provisions of this regulation the
    following exceptions shall apply:
    (i) the measurements specified in paragraph (a)
    above shall not apply for open-air market
    situated in Marsaxlokk during weekdays and the
    open-air market in Valletta and the open-air
    market situated in Pjazza Santa Sabina, Victoria,
    Gozo;
    (ii) the space of a stall in an open-air market situated
    in Ordnance Street, Valletta, shall be 1.52m by
    2.13m and not more than 2.44m in height;
    (iii) following the re-allocation of the market, the
    measurements of the stall spaces allocated in the
    Sunday Marsaxlokk market shall be 2.44m by
    2.5m, 3.66m by 2.5m, 4.57m by 2. m and 5.49m
    by 2.5m as agreed by the Local Council with the
    market hawkers;
    (iv) the parking spaces allocated by the Council for
    the vehicles of market hawkers operating from
    the Marsaxlokk Sunday market shall be in an
    area allocated by the Council of the locality in
    question; and
    (v) only refrigerated trucks used by market hawkers
    identified by the Marsaxlokk Local Council as
    selling refrigerated products from the
    Marsaxlokk Sunday market before 1st August,
    2018 may be permitted in the space allocated for
    the stalls:
    Provided that refrigerated trucks used by market hawkers
    for the selling of refrigerated products which had been
    utilised in the Marsaxlokk Sunday market prior to the 1st
    August, 2018 may be allowed to operate from the area
    allocated for the stalls only if an adequately sized space
    becomes available and there are no other persons on the
    waiting list in line to be allocated a market hawker space
    for the market in question.
    4 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    (3) No person shall occupy or take possession of a space
    allocated to stalls or deposit or cause to deposit any objects in any
    space allocated to stalls in an open-air market unless authorised to
    do so by the Local Council and that space for the stall has been
    allocated for the use of that person by the Local Council:
    Provided that the Local Council shall authorise only
    licensed market hawkers.
    (4) Market hawkers shall apply for a stall space in any openair
    market on the prescribed form in the Local Council where the
    open-air market is situated.
    (5) The Local Council shall, once a year, publish in the Gazette
    a list of all hawkers with their respective stall number, and also
    twice a year, in the months of June and December, a list showing
    the details about the applicants and the date when such applications
    have been received.
    The list shall also on request be available for viewing at the
    respective Local Council administrative offices.
    (6) (a) The Local Council may instruct the market hawkers to
    elect an Administrative Committee.
    (b) Market hawkers shall adhere to any agreement reached
    between the Administrative Committee and the Local
    Council.
    (7) (a) The Local Council shall allocate the spaces for new
    stalls on a first come first served basis:
    Provided that those licensed hawkers who on the date
    of the publication of these regulations were carrying
    out their activity from any space in an open-air market
    shall be given priority.
    (b) No fees shall be payable by market-hawkers for the
    allocation of spaces.
    (c) The Local Council shall not allocate more than one
    space to the same market-hawker in the same open-air
    market.
    (d) In the case where an open-air market is situated in
    residential streets, the Local Council may give orders
    not to encumber the pavements.
    (8) (a) The authorisation is personal and non-transferable.
    (b) Notwithstanding the provisions of paragraph (a):
    S.L. 441.07
    (i) the Local Council shall transfer the authorisation
    to the substitute of the market hawker in
    accordance with the Trading Licences
    Regulations, if the relative licence to the
    substitute has been issued by the competent
    authority;
    (ii) an authorisation in relation to a market hawker
    operating at the open-air market in Ordnance
    Street, Valletta, in Marsaxlokk (daily open-air
    market except Sunday) and in Pjazza Santa
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 5
    Sabina, Victoria, Gozo shall, at the request in
    writing of the market-hawker holding such
    authorisation, be transferred by the Local
    Council to another individual;
    (iii) an authorisation in relation to any other markethawker
    not mentioned in sub-paragraph (ii)
    shall, at the request in writing of the markethawker
    holding such authorisation, also be
    transferred by the Local Council to any member
    of the market hawker’s family being his wife or
    her husband, mother, father, son, daughter,
    brother or sister.
    (c) The Local Council shall effect the transfers mentioned
    in paragraph (b) within one month from receipt of the
    request in writing from the market-hawker.
    (d) The provisions of sub-regulation (7)(a), shall not apply to
    this sub-regulation.
    (9) Market-hawkers –
    (a) shall at all times display the licence issued by the
    regulatory authority and the authorisation by the Local
    Council in a conspicuous place where it can be easily
    visible;
    (b) shall only sell those items listed in the licence issued
    by the regulatory authority;
    (c) shall not store, offer for sale, or sell in any open-air
    market, items which are offensive to the public or
    which incite the public;
    (d) shall park their vehicle, if any, in the stall space
    allocated;
    (e) shall ensure that no damage is caused by means of
    their stalls, vehicles or accessories, to any street,
    pavement or other public property. In the event of
    damage arising during use by a market-hawker, the
    Local Council may have the right to recover from the
    market-hawker the expenses incurred in connection
    with the necessary repairs;
    (f) shall provide on their stalls litter bins during trading
    hours;
    (g) shall, during the trading hours, ensure that the
    allocated place is kept clean and be collectively
    responsible that no refuse or other material is left at
    the place allocated to them at the end of the activity;
    (h) shall have sufficient and adequate fire extinguishers.
    (10) Where mobile electrical generators are used these shall be
    positioned in such manner that:
    (a) they do not present a danger to the public;
    (b) they do not present a fire or similar hazard risk to the
    stall or goods displayed for sale;
    6 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    (c) they do not cause inconvenience through noise or
    fumes.
    (11) If a market-hawker fails to carry out the commercial
    activity from an allocated stall for six consecutive times without
    giving any valid reason, which shall include a request for transfer as
    provided for in sub-regulation (8), the Local Council shall have the
    right to revoke the authorisation and allocate the stall space to the
    first applicant appearing on the published list. The market-hawker
    shall be responsible for any action or omission by his substitute.
    S.L. 441.07
    (12) No parking by private vehicles is permitted on the days and
    during the time of trading in the open-air market as provided in the
    Trading Licences Regulations.
    (13) Streets where the open-aft market trading takes place shall
    be closed to traffic during trading hours.
    Kiddie ride
    machine or
    automatic vending
    machine.
  6. (1) No person shall place or cause to be placed in any
    street a Kiddie Ride Machine or automatic vending machine
    without the Local Council’s authorisation.
    (2) Applications shall be accompanied by:
    (a) a photograph and measurements of the Kiddie Ride
    Machine or automatic vending machine;
    (b) a photograph and site plan of the intended location of
    the Kiddie Ride Machine or automatic vending
    machine;
    (c) a copy of the permits needed from the Planning
    Authority or Lands Department, if applicable.
    (3) The permit issued by the Local Council in accordance with
    these regulations shall be valid up to the 31st December of that
    same year in which the permit was issued and may be renewed on a
    yearly basis against the relative fee leviable:
    Provided that the Local Council may, for a valid reason, at
    all times suspend or revoke the aforementioned permit and no
    refund shall be made for the fee paid or part thereof for such
    permit.
    (4) The applicant shall be responsible for any damages
    sustained by third parties by the use of a Kiddie Ride machine or an
    automatic vending machine.
    Deposit of building
    and other material.
    Amended by:
    L.N. 426 of 2007;
    L.N. 222 of 2018.
  7. (1) No person shall deposit or cause to be deposited
    building material or other material or other objects in any street,
    without the authorisation of the Local Council.
    (2) An application shall be accompanied by a description of:
    (a) the quality, quantity or volume of the material or
    object to be deposited;
    (b) the duration of the authorisation required;
    (c) a site-plan of the location where the material or object
    is to be deposited.
    (3) Applicant shall ensure that:
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 7
    (a) sufficient light is placed above the material deposited
    by sunset;
    (b) loose material is adequately covered;
    (c) all necessary signs and markings are put in place so as
    to avoid any danger.
    (4) When requested by the Local Council and together with the
    fees payable as established in Schedule B, applicant shall pay for
    the services of a community officer to control the traffic. The fees
    payable shall be those established by the Agency.
    (5) Notwithstanding any other provision of these regulations,
    the Local Council may, where any condition attached to the
    authorisation is breached, order in writing the removal of the
    material or object in the specified time or at the expiry of the
    authorisation. The Local Council may remove the material or
    object at the expense of the permit holder. For this purpose the
    Local Council may demand a reasonable deposit and such deposit
    shall not exceed one hundred and sixteen euro and forty-seven
    cents (€116.47).
    (6) In the case that any damage is caused during the deposit of
    building material or of any other material the Local Council shall
    have the right to recover from the permit holder such expenses as
    are incurred to cover the costs of the necessary repairs.
    Deposit or use of
    crane or other
    machinery.
    Amended by:
    L.N. 37 of 2004;
    L.N. 426 of 2007;
    L.N. 222 of 2018;
    L.N. 436 of 2018.
  8. (1) No person shall deposit or use any crane or other
    machinery during the erection, construction, or demolition of any
    building or similar project without a permit from the Local
    Council:
    Provided that the aforementioned provision in this subregulation
    shall not apply in the special case of machinery known
    as high-up and tower-ladder as long as these are not obstructing the
    traffic flow and are parked properly.
    (2) When submitting his application, applicant shall also
    present a description of:
    (a) the duration of the permit required;
    (b) a site plan of the location where the crane or heavy
    machinery is intended to be deposited.
    (3) (a) Applicant shall ensure that sufficient light is placed
    above the crane or other heavy machinery by sunset:
    Provided that in the case of a mobile crane or other
    heavy machinery, the Local Council may issue the
    permit subject to the condition that the said crane or
    other heavy machinery is removed from the site after
    sunset.
    (b) Applicant shall ensure that all necessary signs and
    markings are put in place to avoid any danger to the
    public or to vehicles.
    (c) Applicant shall ensure to take the necessary steps to
    avoid any damage to the street or any other property.
    8 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    (4) When requested by the Local Council and on payment of
    the fees established in Schedule B, applicant shall pay for the
    services of a community officer to control the traffic. The fees
    payable shall be those established by the Agency.
    (5) In the case that damage is caused during the deposit or the
    use of the crane or other machinery, the Local Council shall have
    the right to recover from the permit holder such expenses incurred
    to cover the cost of the necessary repairs.
    (6) The Local Council may demand a deposit or a bank
    guarantee not exceeding two hundred and thirty-two euro and
    ninety-four cents (€232.94) in favour of the Local Council to make
    good for any damages sustained in any street or other property.
    (7) No person, other than the applicant as authorised by the
    Local Council, shall obstruct in any manner whatsoever a location
    for which a permit has been granted by a Local Council in terms of
    this regulation, during the period indicated on the appropriate signs
    as provided in sub-regulation (3)(b).
    (8) Any person who refuses to remove an obstruction or obstructs
    a location covered by a permit granted by a Local Council, when
    ordered to do so by a competent authority, shall be guilty of an
    offence.
    Deposit of tables
    and chairs to
    provide food and
    beverages.
    Amended by:
    L.N. 248 of 2011.
  9. (1) No person may place any table or chair in any street for
    the catering of food and drinks in any day, or special or specific day
    without a permit from the Local Council.
    (2) Applicant shall submit his application not later than one
    month before the day or the first day as the case may be, or within
    such other time as may be established by the Local Council.
    (3) Applicant shall together with an application:
    (a) submit a site plan clearly showing the measurements
    and the area referred to in the application;
    (b) declare the day or days for which the permit is
    required.
    (4) (a) Any permit issued by virtue of these regulations shall
    not exceed the time during which the activity is to be
    held or sixteen consecutive days, whichever is the
    shorter period.
    (b) No permit shall be issued by the Local Council for that
    area prior to the lapse of seven days from the last day
    of the issuing of a permit for that same area.
    (c) No permit shall be issued in the area immediately
    adjacent to an establishment selling food and
    beverages, except to the licence holder of that
    establishment.
    (5) An applicant shall ensure that:
    (a) no alcohol or tobacco products are sold to persons
    under the age of sixteen years;
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 9
    (aa) no alcohol shall be served in glass bottles but shall be
    served in a bio-degradable material or cardboard cup;
    (b) the area is kept clean at all times during the activity,
    and for this purpose the applicant shall provide
    suitable litter bins for the deposit of waste;
    (c) at the expiry of the authorisation the tables and chairs
    are removed and the area is left in its original state.
    Placement of stall
    or kiosk.
    Amended by:
    L.N. 269 of 2009;
    L.N. 248 of 2011.
  10. (1) No person shall set up any stall or kiosk in any street
    or exercise any commercial activity in such street in any special or
    specific day or days without a permit from the Local Council:
    Provided that the Commissioner of Police may, for reasons
    of public order, public safety or public morality, stop or suspend
    any permit issued under this regulation.
    (2) Applicant shall submit his application not later than one
    month prior to the day or the first day, as the case may be, or at any
    other time as established by the Local Council.
    (3) An applicant shall, on submitting his application:
    (a) declare the day or days for which the permit is being
    requested;
    (b) submit a photograph of the stall or kiosk and its
    measurements;
    (c) declare the goods intended for sale.
    (4) (a) The Local Council shall have the right to order the
    removal of mobile generators if it results that the
    apparatus is causing inconvenience to third parties due
    to excessive noise or fumes.
    (b) An applicant shall be held responsible for any damages
    sustained by third parties by the use of any generator.
    (5) (a) Every permit granted by the Local Council in virtue of
    these regulations shall not exceed the time limit
    applied for or sixteen consecutive days, according to
    whichever is the lesser period.
    (b) No permit to set up a kiosk for the catering of food and
    drinks shall be granted in an area within a distance less
    than 6 meters in any direction from the entrance of a
    catering establishment.
    (6) The area intended for the setting up of a stall or kiosk or for
    any commercial activity to take place shall be allocated by the
    Local Council and its decision shall be final:
    Provided that the Local Council shall in any circumstance
    give priority to the licensed owner of a stall or kiosk for the
    exclusive sale of Maltese nougat.
    (7) Applicant shall ensure that:
    (a) no alcohol or tobacco products shall be sold to persons
    under the age of seventeen years;
    (aa) no alcohol shall be served in glass bottles but shall be
    10 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    served in a bio-degradable material or cardboard cup;
    (b) the area is kept clean at all tines during the activity and
    for this purpose applicant shall provide suitable litter
    bins for the deposit of waste;
    (c) the Local Council’s permit is displayed in a prominent
    place against the stall or kiosk;
    (d) at the end of the activity the stall or kiosk is removed
    and the place is left in its original state;
    (e) cooking oil is not disposed of in any area or street in
    the locality.
    (8) When allocating the area for the setting up of a kiosk
    during religious feast days, the Local Council shall:
    (a) insofar as the area intended for the allocation of the
    kiosk is the same area which had been occupied by
    licensed kiosk owners prior to the publication of these
    regulations, the Local Council shall give priority to
    those kiosk owners to set their kiosk in the same areas
    utilized by them in the past;
    (b) (i) insofar as the Local Council shall consider a new
    zone, the Local Council shall ensure that the
    zone is as close as possible to the public
    attending the activity;
    (ii) the Local Council shall at least two months prior
    to the date of the religious feast make public the
    identification of the new zone;
    (iii) if the number of applications received exceeds
    the number of available spaces, the Local
    Council shall ensure that priority is given to
    kiosk owners who in the past had been setting up
    their kiosk in that locality;
    (iv) the Local Council shall ensure that the new zone
    is large enough to accommodate the same
    number of kiosk owners within the previous
    area;
    (c) (i) the Local Council may order authorised kiosk or
    stall owners to set up an Administrative
    Committee;
    (ii) the permit holders mentioned above shall be
    obliged to adhere by the agreement reached with
    the Administrative Committee and the Local
    Council.
    Occasional
    entertainment.
    Amended by:
    L.N. 426 of 2007;
    L.N. 269 of 2009;
    L.N. 248 of 2011;
    L.N. 222 of 2018.
  11. (1) No person shall hold a public show, exhibition, small
    games, a fair, a tombola or any other public entertainment or
    similar activity in any street, on any special or specific day or days
    without a permit from the Local Council:
    Provided that the Local Council shall not issue a permit for
    a commercial fare without the consent of the regulatory authority.
    (2) Applications must be submitted by not later than one month
    before the day or the first day, as the case may be, or within any
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 11
    other time as established by the Local Council.
    (3) Where a Local Council receives an application under this
    regulation the Local Council shall, not later than two working days
    from the receipt of an application for any such permit, and in any
    case not later than two weeks before the event is due to be held,
    forward a copy of such application to the Commissioner of Police.
    (4) The Local Council shall on issuing the permit attach the
    condition to this permit as notified to the Local Council by the
    Commissioner of Police:
    Provided that the Commissioner of Police may, for reasons
    of public order, public safety or public morality, stop or suspend
    any permit issued under this regulation.
    (5) No permit shall be issued for those activities which
    according to the Act require only a permit from the Commissioner
    of Police.
    (6) An application shall be accompanied by:
    (a) a description of the activity to be organised;
    (b) the day or days for which the permit is being
    requested;
    (c) a site-plan indicating the area where the activity is to
    take place as mentioned in sub-regulation (1);
    (d) a copy of all permits required under any law;
    (e) in the case of street lighting decorations, applicant
    must submit a certificate from a licensed electrician
    that the apparatus to be used is in a good state of repair
    and free from any danger;
    (f) (i) the Local Council shall have the right to order
    the removal of mobile generators if it results that
    the apparatus is causing any inconvenience to
    third parties due to excessive noise or fumes;
    (ii) an applicant shall be held responsible for any
    damages sustained by third parties by the use of
    any generator.
    (7) Every permit issued by virtue of these regulations shall not
    exceed ten consecutive days.
    (8) An applicant shall ensure that:
    (a) no alcohol or tobacco products shall be sold to persons
    under the age of seventeen years;
    (aa) no alcohol shall be served in glass bottles but shall be
    served in a bio-degradable material or cardboard cup;
    (b) the area is kept clean at all times and for this purpose
    shall provide adequate litter bins for the deposit of
    waste;
    (c) during the activity there shall be available adequate
    and sufficient fire extinguishers;
    (d) at the end of the activity the area is left in its original
    state.
    12 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    (9) When requested by the Local Council and together with the
    fees payable as established in Schedule B, applicant shall pay for
    the services of a community officer to control the traffic. The fees
    shall be those as established by the Agency.
    (10) Notwithstanding the provisions of these regulations, the
    Local Council may, in cases when the permit holders fail to leave
    the area in a clean state, cause the area to be cleaned at the expense
    of the aforementioned permit holders. For this purpose the Local
    Council may demand a deposit, provided that this deposit does not
    exceed one hundred and sixteen euro and forty-seven cents
    (€116.47).
    Right of appeal.
    S.L. 441.07
  12. In any case where applicant feels aggrieved by a decision
    made by the Local Council, an applicant may appeal according to
    the procedures established in article 26 of the Act, and in such case,
    the appeals procedure as established in the Trading Licences
    Regulations shall apply for all appeals that are made under this
    regulation.
    Offences and
    penalties.
    Amended by:
    L.N. 426 of 2007.
  13. (1) Any person who places any machine known as a
    Kiddie Ride Machine or any automatic vending machine in any
    street without a permit from the Local Council shall, on conviction,
    be liable to a fine (ammenda) of one hundred and four euro and
    eighty-two cents (€104.82) for such contravention.
    (2) Any person who deposits or causes to be deposited for his
    personal use building material or other material or any other object
    in any street without a permit from the Local Council shall, on
    conviction, be liable to a fine (ammenda) of twenty-three euro and
    twenty-nine cents (€23.29) for such contravention together with a
    fine (ammenda) of four euro and sixty-six cents (€4.66) for every
    day during which the above mentioned deposit is left in the street.
    (3) Any person who deposits or uses a crane or other heavy
    machinery during the erection, construction or demolition of any
    building or other similar project in any street without a permit from
    the Local Council shall, on conviction, be liable to a fine
    (ammenda) of forty-six euro and fifty-nine cents (€46.59) for such
    contravention.
    (4) Any person who deposits or uses a crane or other heavy
    machinery during the erection, construction or demolition of any
    building or other similar project and consequently closes access to
    the road without a permit from the Local Council, shall, on
    conviction, be liable to a fine (ammenda) of one hundred and four
    euro and eighty-two cents (€104.82) for such contravention.
    (5) Any person who deposits or places tables and chairs to
    provide for the sale of food and beverages in any street without a
    permit from the Local Council shall, on conviction, be liable to a
    fine (ammenda) of twenty-three euro and twenty-nine cents
    (€23.29) for such contravention together with twice the fee leviable
    had a permit been issued.
    (6) Any person who sets up any stall or kiosk or exercises any
    commercial activity in any street on any special or specific day or
    days without a permit from the Local Council shall, on conviction,
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 13
    be liable to a fine (ammenda) of fifty-eight euro and twenty-three
    cents (€58.23) for such contravention.
    (7) Any person who holds small games, a fair, a tombola or any
    other similar activity in any street in any locality on any special or
    specific day or days without a permit from the Local Council shall,
    on conviction, be liable to a fine (ammenda) of thirty-four euro and
    ninety-four cents (€34.94) for such contravention.
    (8) Any person who holds a public show, exhibition or a
    sporting activity in any street in any locality on any special or
    specific day or days without a permit from the Local Council shall,
    on conviction, be liable to a fine (ammenda) of one hundred and
    sixteen euro and forty-seven cents (€116.47) for such contravention.
    (9) Any person who carries out any commercial activity from a
    fixed place in an open-air market, without a permit from the Local
    Council shall, on conviction, be liable to a fine (ammenda) of
    t h i r t y – f o u r e u r o a n d n i n e t y – f o u r c e n t s ( € 3 4 . 9 4 ) for such
    contravention.
    (10) Any person who fails to –
    (a) place traffic signs as directed by the Local Council in
    the application for the permit;
    (b) put sufficient light and all necessary road markings
    during sunset on or near the material or object lying in
    the street, or on or near the crane or other heavy
    machinery deposited in the street;
    (c) cause the permit issued in accordance with these
    regulations to be prominently fixed;
    (d) show on demand by the Police, or the community
    officer or any other person authorised by the Local
    Council, the permit, licence or authorisation issued by
    the Local Council;
    (e) cover properly any loose material deposited in any
    street;
    (f) remove any material, crane or other heavy machinery
    from any street when ordered in writing to do so by the
    Local Council;
    (g) remove tables and chairs at the end of the authorisation
    issued by the Local Council;
    (h) remove, when ordered to do so by the Police,
    community officer or Local Council representative,
    any apparatus which is causing inconvenience or is of
    danger to the public;
    (i) provide a sufficient fire fighting system in accordance
    with these regulations;
    (j) provide in the area where the activity is taking place
    litter bins in a sufficient number for the deposit of
    waste,
    shall on conviction be liable to a fine (ammenda) of twenty-three
    euro and twenty-nine cents (€23.29) for such contravention.
    14 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    (11) Any person who disposes of any cooking oil utilized from
    the selling of food from stalls or kiosks in any area or in any other
    street, in the locality where the permit was issued by the Local
    Council to put up a stall or kiosk or in any other locality shall, on
    conviction, be liable to a fine (ammenda) of fifty-eight euro and
    twenty-three cents (€58.23) for such contravention.
    (12) For any other contravention not mentioned above, a person
    who is found guilty shall be liable to a fine (ammenda) of not less
    than forty-six euro and fifty-nine cents (€46.59) and not more than
    two hundred and thirty-two euro and ninety-four cents (€232.94)
    for such contravention.
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 15
    General conditions that shall apply for every licence, permit or authorisation
    to be issued from the Local Council
  14. For a licence, permit or authorisation to be issued from the Local Council to
    any person, an application shall be submitted to the Local Council where the activity
    is to be held, on the prescribed form and this form shall reach the Local Council at
    least forty-eight hours prior to the activity, during office hours and office days.
  15. The applicant shall pay the fees due as stipulated in Schedule B.
  16. If the application is not granted, the fees paid shall be refunded to applicant:
    Provided that the fee shall not be refunded if applicant cancels the
    application or if the application is revoked by the Local Council or any other
    authority due to a breach of any of the conditions.
  17. Every licence, permit or authorisation issued by the Local Council is not
    transferable.
  18. Where more than one application is received for an activity to be held in the
    same place and on the same date, the first application received shall be given
    priority. If applications are received simultaneously, the applicant who resides in the
    locality shall be given preference. If all the applicants are from the locality, or if
    none of them resides in the locality, the Local Council shall draw by lot the
    application to be chosen in the presence of the applicants.
  19. An applicant who is granted a licence, permit or authorisation from the
    Local Council or in the case of a market-hawker, his substitute as stipulated in these
    regulations, shall be present at all times during the activity for which a licence,
    permit or authorisation have been issued, and shall be personally responsible for any
    breach of conditions of the aforementioned licence, permit or authorisation even if
    such breach is committed by his dependent or any other person acting as substitute.
  20. In case the activity shall have effect on the traffic flow, applicant shall
    provide the Local Council with all the details regarding the traffic signs related to
    any obstacle that drivers may encounter and also the direction and information to
    follow.
    If in the opinion of the Local Council, a community officer must be present
    during the activity, applicant shall also pay, together with the fees established in
    Schedule B, as fee as established by the Agency.
    Amended by:
    L.N. 222 of 2018.
    SCHEDULE A
    (Regulation 5(5))
    16 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    Fees leviable for permits issued in accordance with these regulations
    SCHEDULE B Amended by:
    L.N. 233 of 2002;
    L.N. 426 of 2007;
    L.N. 129 of 2009;
    L.N. 154 of 2015;
    L.N. 222 of 2018.
    (Regulations 4, 7, 8, 11)
    Kiddie Ride Machines and automatic vending machines
  21. To place in any street amusement machine known as Kiddie Ride
    Machine per annum o part thereof ………………………………………………….. €46.59
  22. To place in any street automatic vending machine per annum or part
    thereof ……………………………………………………………………………………… €23.29
    Deposit of building material or other material
  23. For the deposit of building material or other material or other object
    in any street for every metre square or part thereof for every day or part
    thereof ……………………………………………………………………………………… €2.33
    Deposit or use of Crane or other Machinery
  24. (a) For the deposit or a crane or other machinery of a size not
    exceeding 10m2 in any street during erection, construction or
    demolition of any building or similar project for each site
    where such machinery is situated for every day or part thereof . €10.00
    (b) For the deposit or a crane or other machinery of a size
    exceeding 10m2 in any street during erection, construction or
    demolition of any building or similar project for each site
    where such machinery is situated for every day or part thereof €15.00
    Placement of Tables and Chairs
  25. For the placement of tables and chairs for every metre square or part
    thereof for every day …………………………………………………………………… €1.16
    Placement of Stall or Kiosk
  26. For the placement of stall or kiosk in any street for a period of three
    days or part thereof ……………………………………………………………………… €23.29
    Free Licenses and Permits
  27. (i) For the placement of stall or kiosk for the exclusive sale of
    Maltese nougat ……………………………………………………………… Nil
    (ii) For the placement or deposit of building material or other
    material or other objects in any street in connection with
    national projects or European Union projects ……………………… Nil
    (iii) For the placement or deposit of boundary wall endorsing a
    construction site during construction works, to restrict access
    and provide protection to the public ………………………………….. Nil
    Occasional Entertainment
  28. To hold a public show, exhibition, small games, a fair, a tombola or
    any other public entertainment or similar activity in any street in the
    locality on any special or specific day or days for every day or part
    thereof ……………………………………………………………………………………… €6.99
  29. To hold any other occasional entertainment on any specific day for
    every day or part thereof ………………………………………………………………. €6.99
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 17
  30. For the playing of musical instrument and or for the use of
    loudspeakers and or amplifiers for every day or part thereof ……………….. €4.66
  31. To hold aquatic or other sports except a sporting activity that is
    organized across more than one locality or on a national basis on any
    specified day ……………………………………………………………………………… €2.33
  32. To hold any other occasional entertainment except any disco, ball,
    dance or any other small or similar activity irrespective of the name by
    which it is called on any specified day ……………………………………………. €6.99
    18 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    LOCAL COUNCIL (Coat-of-Arms)
    APPLICATION FOR THE DEPOSIT OF BUILDING MATERIAL OR
    OTHER MATERIAL OR OTHER OBJECTS IN ANY STREET
    Details of applicant: ……………………………………………Date: ………………………..
    Name and Surname: ………………………………………………………………………………….
    Address: …………………………………………………………………………………………………
    ID. Card No: ……………………………
    VAT Reg. No (if applicable): …………………………….
    Details of site where the deposit is intended.
    Address:
    ……………………………………………………………………………………………………………..
    Description of the material/object (quality including quantity/volume) ………………
    Period of the deposit: from …………………….. to: …………………….
    Documents attached:
    site-plan of the location where the material is to be deposited.
    ………………………………………..
    Signature of Applicant
    FOR OFFICIAL USE
    Date and time when application is received: ……………….. Registration No: ………..
    Fee paid: ………………………….. Receipt No: ………………………
    Documents:
    site plan of the location where the material is to be deposited: YES/NO
    Special conditions by Council: ……………………………………………………………………
    Permit No: ………………………………. Valid from ………………….. to …………………
    Office Rubber Stamp:
    ……………………………………………….
    Executive Secretary signature
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 19
    (Regulation 6)
    LOCAL COUNCIL (Coat-of-Arms)
    APPLICATION FOR THE PLACEMENT OF KIDDIE RIDE MACHINES
    OR AUTOMATIC VENDING MACHINES
    Details of applicant: …………………………………… Date: …………………..
    Name and Surname: ………………………………………………………………………………….
    Address: …………………………………………………………………………………………………
    ID. Card No: ………………………………. VAT Reg. No (if applicable): …………………
    Details of the site where the Kiddie Ride Machine or the automatic vending
    machine is to be placed.
    Documents attached 1. Photo and measurements of machine
  33. Photo arid site plan of location
  34. Copies of permits (details)
    Address: …………………………………………………………………………………………………
    Description: Kiddie Ride Machine /Automatic Vending Machine
    Goods intended for sale from automatic vending machine ………………………………
    …………………………………………
    Signature of Applicant
    An application must be submitted for every Kiddie Ride Machine or automatic
    vending machine.
    FOR OFFICIAL USE
    Date and time when application is received: …………………….. Reg. No: …………….
    Fee paid: ……………………….. Receipt No: ……………………..
    Documents attached 1. Photo and measurements of machine YES / NO
  35. Photo and site plan of location YES / NO
  36. Copies of permits (details) YES / NO
    Special conditions by Council: ……………………………………………………………………
    Permit No: ……………………. Valid up to 31st December: …………………..
    Office Rubber Stamp:
    …………………………………………….
    Executive Secretary signature
    20 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    (Regulation 8)
    LOCAL COUNCIL (Coat-of-Arms)
    APPLICATION FOR THE DEPOSIT OR USE OF CRANE OR OTHER
    MACHINERY
    Details of applicant: …………………………………… Date: …………………..
    Name and Surname: ………………………………………………………………………………….
    Address: …………………………………………………………………………………………………
    ID. Card No: ………………………………. VAT Reg. No (if applicable): …………………
    Details of the site where deposit is intended.
    Address: …………………………………………………………………………………………………
    Period in use: from: ………………………………… to: …………………………
    Type of machinery to be used or deposited
    Site plan of the location where the deposit or use is required
    …………………………………………
    Signature of Applicant
    FOR OFFICIAL USE
    Date and time when application is received: …………………….. Reg. No: …………….
    Fee paid: ……………………….. Receipt No: ……………………..
    Documents attached:
  37. Site plan of the place where the machinery is to be deposited YES / NO
  38. Traffic Scheme – list of traffic signs (markings to be used) YES / NO
    Special conditions by Council: ……………………………………………………………………
    Permit No: ……………………. Valid from: ………………….. to: ……………………
    Office Rubber Stamp:
    …………………………………………….
    Executive Secretary signature
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 21
    (Regulation 9)
    LOCAL COUNCIL (Coat-of-Arms)
    APPLICATION FOR THE PLACEMENT OF TABLES AND CHAIRS
    Details of applicant: ………………………………… Date: ………………………
    Name and Surname: ………………………………………………………………………………….
    Address: …………………………………………………………………………………………………
    ID. Card No: …………………………. VAT Reg. No (if applicable): ………………….
    Details of the site where tables and chain are to be placed:
    Address: …………………………………………………………………………………………………
    Area ……………………… m2
    Site plan and measurements of the area to be utilized.
    Days of activity for which permit is requested: from …………… to …………………
    I ……………………………… confirm that the area for which a permit is requested is
    not adjacent to any catering establishment; or the area is adjacent to a catering
    establishment and that I am the licence holder of the establishment.
    …………………………………………..
    Signature of Applicant
    FOR OFFICIAL USE
    Date and time when application is received: …………………….. Reg. No: ……………
    Fee paid: …………………………… Receipt No: …………………..
    Documents attached:
    Site plan and measurements of the area to be utilized YES/NO
    Special conditions by Council: ……………………………………………………………………
    No of litter bins on location ……………………………………
    Permit No: …………………………… Valid from: ……………………… to ………………….
    Office Rubber Stamp:
    …………………………………………………
    Executive Secretary signature
    22 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    (Regulation 11)
    LOCAL COUNCIL (Coat-of-arms)
    APPLICATION FOR PUBLIC ENTERTAINMENT OR SIMILAR ACTIVITY
    Details of applicant: ………………………………… Date: ………………………
    Name and Surname: ………………………………………………………………………………….
    ID. Card No: …………………………… VAT Reg. No (if applicable): …………………..
    Details of where the activity is to be held:
    Type of activity (mark as applicable)
    Public Show ………………… Exhibition …………………. Small Games ………………….
    Fair ………………. Tombola ……………….. Other Activity (specify) …………………….
    Site plan and measurements of the area to be utilized
    Area ……….. m2
    Day or days for which permit is required: from …………………. to ………………….
    Street lighting decorations: YES/NO
    Use of generator YES/NO
    ………………………………………
    Signature of Applicant
    FOR OFFICIAL USE
    Date and time when application is received: ………………… Reg: No: ……………
    Fee paid: ……………………. Receipt No: ……………………..
    Documents attached: site plan of the area to be utilized: YES/NO
    Special conditions by Council: ……………………………………………………………………
    Permit No: ……………………………. Valid from: …………… to …………………..
    Office Rubber Stamp:
    …………………………………………
    Executive Secretary signature
    ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS [S.L.441.04 23
    (Regulation 5)
    LOCAL COUNCIL (Coat-of-arms)
    APPLICATION FOR AUTHORISATION TO CARRY ON AN ACTIVITY
    IN AN OPEN AIR MARKET
    Details of applicant: …………………………………………… Date: ………………………..
    Name and Surname: ………………………………………………………………………………….
    Address: …………………………………………………………………………………………………
    ID. Card No: …………………………. VAT Reg. No (if applicable): ……………………
    Details of stall:
    Stall measurements: ………………………………………………………………………………….
    Goods intended for sale: ……………………………………………………………………………
    Regulatory Authority licence no: ………………………….
    ………………………………….
    Signature or Applicant
    FOR OFFICIAL USE
    Date and time when application is received: ……………… Reg. No: …………………
    Documents attached:
    Licence from Regulatory Authority YES/NO
    Special conditions by Council:
    ……………………………………………………………………………………………………………..
    Stall allocated …………………………………. No of litter bins ………………….
    Permit No: …………………………… Valid from …………………. to …………………….
    Office Rubber Stamp:
    ……………………………………………
    Executive Secretary signature
    24 [S.L.441.04 ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
    (Regulation 10)
    LOCAL COUNCIL (Coat-of-arms)
    APPLICATION FOR THE PUTTING UP OF ANY STALL OR KIOSK
    Details of applicant: ………………………………… Date: ………………………….
    Name and Surname: ………………………………………………………………………………….
    Address: …………………………………………………………………………………………………
    ID. Card No: …………………………….. VAT Reg. No (if applicable): …………………
    Details of the site where the stall or kiosk is to be put up
    Address: …………………………………………………………………………………………………
    Documents attached:
    Photo of stall/kiosk YES/NO
    Copy of licence YES/NO
    Days of activity for which permit is requested: from: ……………… to …………………
    Make and size of the stall and kiosk: ……………………………………………………………
    Goods intended for sale: ……………………………………………………………………………
    ………………………………………
    Signature of applicant
    FOR OFFICIAL USE
    Date and time when application is received: …………………… Reg. No: ……………..
    Fee paid: …………………………….. Receipt No: ………………………
    Documents attached:
    Photo of stall/kiosk YES/NO
    Copies of Permits YES/NO
    Special conditions by Council: ……………………………………………………………………
    No of litter bins in the area: …………………. Stall No: ……………………………..
    Permit No: ……………………….. Valid from ……………………. to ……………………
    Office rubber stamp:
    ………………………………………………
    Signature of Executive Secretary