S.L. 441.4 Art. 5Licence conditions.

(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.

(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 open-air 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):

(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 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 market-hawker not mentioned in sub-paragraph (ii) shall, at the request in writing of the market-hawker 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;

(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.

(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.