The ticket booths staggered along the Sliema promenade may finally be subject to regulation, through one of the six draft bye-laws put forward by the Sliema local council, subject to approval by the minister responsible for local government.

These ticket-selling booths have been a point of contention for many Sliema residents, as well as other people outside the locality who enjoy taking a stroll along the promenade.

Along the years, these booths have mushroomed along the promenade, with many saying they are unsightly. The booths are no longer limited to the Ferries area but extend to Gzira. In the narrow areas, they also cause restriction to pedestrian traffic flow.

The Malta Independent on Sunday met with Sliema councillor Paul Radmilli to discuss the six draft bye-laws and the process needed for their approval. He noted that all bye-laws, by default, are enforceable by the wardens and the police.

The draft bye-law concerning the ticket booths seems to have been received very well by the residents, Radmilli noted, saying that the attempt at their regularisation has been ongoing for many years.

The booths bye-law is very specific to Sliema, he noted. Radmilli made it clear that no permits will be given but that the local council will allot positions for these booths, limiting them to just one every 50 metres.

“We have no authority on the permits which are issued by the Lands Authority or sometimes the Planning Authority. We have no way of saying if a permit should or should not be issued. We can object in the PA process but we can be ignored.”

If the booths are closer than 50 metres to each other they will have to be moved, even if they have a permit, he added. However, Radmilli said he is not aware that any of the booths have permits.

“Even if they have a permit, we are coming to the point that they are over-crowding the area. It needs to be organised in such a way that there is a capping on how many there should be. Furthermore, the narrow parts should not even have any because they restrict pedestrian flow.”

Radmilli also noted that the bye-law will simply regulate how the booths should be organised, but if a permit is not available, then a space allocation will not be given.

Another detail to the draft bye-law is that the booths cannot be rusty. If they are not in a good state they can be confiscated, Radmilli said, adding however that a standard appearance will not be required.

Sliema mayor Anthony Chircop, also present during the interview, said that the different authorities who license these booths have been trying to organise them for years. The ministry had put together a working group, including several different authorities, and a cabinet memo was issued. This was approved by Cabinet but then elections came along and everything was forgotten, Chircop noted.

Catering establishments

Another draft bye-law presented by the local council states that catering establishments in Sliema will be responsible for the cleaning of the area immediately outside the establishment. It also states the need for the establishment to provide a bin in their area that will also serve specifically for cigarette butts.

Radmilli noted that some people are very cynical that there is no enforcement in Malta, especially in recent years. “We would be happy to promote people who follow these bye-laws. Rather than coming down like a ton of bricks on anyone who is not compliant, we should aim to encourage people to do it without the need of fines.”

 

Junk Mail (Unsolicited mail)

The local council is not banning the distribution of junk mail in Sliema, Radmilli explained. He said that the draft bye-law states that junk mail cannot be delivered if there is a sign on the letterbox stating “no junk mail”.

Furthermore, fines will also be distributed if junk mail is not placed entirely in the letterbox or left lying around in common areas of apartment blocks. Radmilli explained that this bye-law is being presented to not only reduce the amount of junk mail but also from a littering perspective.

The fines will not be given to Malta Post but the person posting the junk mail. “It is up to the distribution companies to train their staff not to put such unsolicited mail in places marked. The staff will also not want to get fined so they will be more careful.”

Advertising Vehicles

Although not particular to Sliema, Radmilli explained that an acute problem of parking is present in the locality. He said that in Sliema there are what are called advertising vehicles, which is generally a lorry with a brand stationed for the sake of advertising. The draft bye-law aims to ban these vehicles completely.

When asked if a commercial vehicle with company wrapping classifies as an advertising vehicle, he said no, adding “we are not going to be draconian about this but there are particular ones in particular areas, which is obvious advertising.”

Sealed Garbage Bags

Another bye-law dealing with littering is the regulation of waste that would need to be placed in a sealed bag.

“You cannot just put out a bunch of newspapers, they need to be in a bag and sealed. You see a lot of supermarket bags, stuffed three times more than their capacity, with papers and plastic flying out.”

Commercial Event Advertising

At present, companies, especially around Christmas time, can make use of public areas, like St Anne’s Square, for an event to promote their brand, Radmilli explained. The current fee of €6 is “ridiculous” and it will be put up to €500 per day.

The electricity, water and cleaning bills are paid by the local council, from people’s taxes. These companies are making a profit from other people’s money, which “is not fair”, Radmilli said, adding that the amounts could be quite high.

These events are also an inconvenience as they take up public space and affect other shops in the area. They also make use of a prime site, so they need to pay commercial rates, Radmilli noted. If the event was done in a hotel, where the audience is much less, the company would have to pay much more.

This will not apply to NGOs and to companies which are raising awareness, but is limited to commercial advertising.

Other bye-laws in the pipeline

The fact that the local council went public with the draft bye-laws allowed other proposals to be put forward, Radmilli noted.

One such proposal, “that fits entirely with the aim of bye-laws” is to regulate the water leaking from air-conditions. However, this needs to be looked into as it may already form part of other laws, Radmilli explained.

Another issue that may be tackled by a future bye-law is the narrow pedestrian areas between catering establishments and the tables they have outside. Patrons sometimes hover about these narrow areas, completely blocking the passageway for people to pass through. Again, this needs to be looked into further as other laws may already apply.

 

The Bye-Laws Process

The law states that there are two criteria for a local council to propose a bye-law. One is that the bye-law has to be related to the functions of the local council. Radmilli gave the example that the local council has nothing to do with taxes, so the local council cannot issue a bye-law stating that shops in Sliema can charge a different amount of VAT.

The range of the functions is wide, about 24 in total, ranging from social issues to waste. Furthermore, for a bye-law to be proposed, the law dictates that it has to deal with a nuisance in the locality. The bye-law must, furthermore, suppress or reduce that nuisance. Also, a bye-law which is already regulated by law cannot be issued – it must supplement the existing law.

The bye-law must be first approved in a local council meeting, which in this case was unanimous. The draft then goes to the Director of Local Government and then passed on to the Minister for local government. The Minister, in this case, Owen Bonnici, then has eight weeks to either outright refuse, or to suggest any changes, to approve it.

If the Minister suggests changes, it goes back to the Council, a meeting is held again and then it is decided whether the changes will be accepted or the bye-law is withdrawn. If the changes are accepted, then there are another eight weeks until it is finally approved. Following this, it is published in the government gazette. The Sliema Local Council have noted that the bye-laws are effective two weeks after they are published.

“Bye-laws are a very good tool for councils to regulate certain areas of the locality. We often say that there are central governments, authorities which the council relies on, but through bye-laws you have quite a lot of control. I do not think councils work on bye-laws enough. Even as Sliema local council we should start issuing bye-laws regularly.”

 

Photos: Alenka Falzon