S.L. 628.1 Art. 43Refusal to grant a certificate of approval. 

(1) The Authority shall refuse an application for the approval of the premises or renewal thereof in terms of this Part of these regulations, in any of the following instances:

(a) if the application is not submitted in accordance with the established form or applicable procedure;

(b) if the applicable fees have not been paid;

(c) if the premises are located at a distance which is less than two hundred and fifty meters (250m) from the entrance of a school, a sports facility, a club or youth centre;

(d) if, in the reasonable opinion of the Authority the approval of the premises shall constitute a negative impact on the amenity of the general area or the wider community where the proposed premises are situated;

(e) if, in the reasonable opinion of the Authority, the premises do not meet the requirements prescribed by the Authority in any binding instruments; or

(f) if the applicant fails to obtain any other applicable permit or authorization in terms of any other applicable law or regulatory instruments:

Provided that and without prejudice to any other law or regulation, the Authority shall, when considering an application under this regulation, also consider whether approving any such premises may lead to a concentration of such premises in any area within a locality, or part thereof, as well as any other factor and, or requirement, which it deems objectively and reasonably justified and appropriate, to fulfil its functions and regulatory objectives.

(2) For the purposes of this regulation:

(a) "club" and "youth centre" mean the premises of any organisation including voluntary organisations, religious organisations and sports organisations or clubs registered with the Commissioner for Voluntary Organisations or with any other relevant authority or recognised association, from where such organisations work or otherwise organise their activities with children and youths under the age of eighteen (18) years.

(b) "school" means the premises of any entity which is registered or licensed to operate as a school or educational institution in Malta and from which it provides its services to minors who have not attained the age of eighteen (18) years and includes, but is not limited to, any one (1) or more of the following:

(i) early childhood educational and care centres;

(ii) schools which provide educational services up to compulsory school age, these include church, independent and international schools for pre-primary (kindergarten), primary and secondary levels;

(iii) private educational service providers of specialised programmes for students with specific needs;

(iv) centres run by the society of Christian Doctrine, more commonly referred to as M.U.S.E.U.M. which provide religious teaching to children and adolescents;

(v) summer schools;

(vi) schools for the performing arts;

(vii) sport schools;

(viii) English language schools;

(ix) post-secondary schools;

(x) further and, or higher education institutions; and

(xi) universities:

Provided that any further and, or higher educational institution or university which solely and exclusively provides online tuition is excluded from the scope of application of this definition:

Provided further that a property shall continue to be considered compliant with these regulations if a school, club, youth centre or sports facility are opened in its vicinity following the issuing of a conditional approval that it may be used by an association.

(3) The applicant or licensed person shall have the right to request a reversal of the decision of the Authority by filing an appeal before the Tribunal in accordance with the provisions of Part XV.

(4) Repealed by Legal Notice 44 of 2026. ORGANISATIONS)

Part VI Key Officer and Key Positions