S.L. 441.4 Art. 10Placement of stall or kiosk.

(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 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.