S.L. 441.7 Art. 29Definitionofstreet hawker.

(1) A street hawker may carry out his commercial activity from any place, in any street, by hawking that is by parking his vehicle, according to the traffic regulations, in any street where he stops to sell till he serves his customers and then after serving his customers moves to another place, subject to the following conditions:

(a) that while the street hawker stops to sell to his customers, no nuisance or inconvenience is caused to the inhabitants or passers by in the street;

(b) that the vehicle is parked within a permitted parking space and no inconvenience is caused to the flow of traffic;

(c) that when a street hawker stops his vehicle to sell to his clients, the vehicle must not be parked within fifty

(50) metres of walking distance from the next open air market;

(d) that in Valletta, only street hawking of vegetables, bread, milk, flowers, kerosene and gas cylinders shall be permitted;

(e) that no commercial activities by street hawkers shall be carried out in Valletta in Castille Square, in St. George’ s Square or in St. John’ s Square and in the City Gate area of Valletta including Freedom Square the arches included, the bridge and the Bus Terminus including Saint James Ditch;

(f) that no commercial activity by street hawkers offering for sale agricultural produce shall be permitted within five hundred (500) metres of an agricultural marketing centre or a Farmers’ Market.

(2) A street hawker may also carry out his commercial activity from a fixed place by parking his vehicle, to sell to his customers subject to the following conditions:

(a) that no nuisance or inconvenience is caused to the inhabitants or passers by in the street, by the use of a generator or whatsoever;

(b) that he will park his vehicle, within a permitted parking space as permitted by traffic regulations;

(c) that the place where he parks his vehicle is not within:

(i) fifty (50) metres of walking distance from the next open air market;

(ii) fifty (50) metres of walking distance from the entrance of any commercial premises: Provided that for such purpose, a fixed kiosk shall be deemed to be a commercial premises;

(d) that no objects are placed on the pavement;

(e) that street hawkers shall park their vehicles to sell at least fifty (50) metres away from each other: Provided that if the police or community officer are called to settle a dispute between hawkers who are closer to each other than fifty (50) metres of walking distance, the police or community officer shall order the hawker who came last to move his vehicle to an alternative parking space at least fifty (50) metres of walking distance away from the nearest hawker. Such distance between two hawkers may only be reduced in accordance with regulations made by the local council with the approval of the Minister: Provided that this provision shall not apply to street hawkers selling flowers and the like in the vicinity of a cemetery;

(f) selling from a fixed place in Valletta shall only be permitted for the selling of vegetables, bread, milk, flowers, kerosene and gas cylinders;

(g) the use and the provision of public utilities to a street hawker selling from a fixed place according to this regulation, in a public place or public land, shall be prohibited.

(3) No commercial activity from fixed places by hawking or selling from fixed places or by any other means shall be carried out:

(a) in the precincts of the Malta International Airport in Gudja;

(b) in the precincts of Sea Passenger Terminal in the Grand Harbour;

(c) in the precincts of a hotel subject to a written permission being granted by the hotel management;

(d) in the vicinity of not less than fifty (50) metres of walking distance away from any archaeological site; and

(e) in the precincts of any school.

(4) Notwithstanding the provisions of sub-regulation (1) and (2), the Police may, on reasonable grounds, order any street hawker to move from any place in any street.