Organisation of Sliema promenade may become a reality – Local Council

● Draft bye-laws in place regulating littering, junk mail and commercial advertising events

The ticket booths staggered along the Sliema promenade may finally be subject to regulation as a result of one of the six draft bye-laws put forward by 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 people from outside the area who enjoy taking a stroll along the promenade.

Over the years, these booths have mushroomed along the promenade, with many people saying that they are unsightly. They are no longer limited to the Ferries area but extend to Gzira and in the narrow areas they also restrict the flow of pedestrian traffic.

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.

He said that the draft byelaw concerning the ticket booths seems to have been very well received by the residents, pointing out that the attempt at their regularisation has been ongoing for many years.

The booths bye-law is very specific to Sliema, Radmilli noted. He 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 regarding the permits that are issued by the Lands Authority and sometimes by the Planning Authority. We have no way of saying whether or not a permit should be issued. We can object in the PA process, but we can be ignored,” he said.

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

“Even if they have a permit, we are coming to the point where they are over-crowding the area. They need to be organised in such a way that there is a cap on how many there should be. Furthermore, the narrow areas should not have any at all 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, then they can be confiscated, he said, making the point, however, that a standard appearance will not be required.

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

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 imposed if junk mail is not placed entirely in the letterbox or is left lying around in the 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 to 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 restricted to Sliema, Radmilli explained that parking is an acute problem in the area. He said that in Sliema there are what are called ‘advertising vehicles’, which is generally a lorry bearing a brand that is stationed for the purpose of advertising. The draft bye-law aims to ban these vehicles completely.

When asked if a commercial vehicle with company wrapping is classified as an advertising vehicle, he said it was not, adding: “We are not going to be draconian about this but there are particular ones in particular areas which are obvious advertising.”

Sealed garbage bags

Another bye-law dealing with littering is the regulation of waste that will be required 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” said Radmilli. “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, especially around Christmas time, companies can make use of public areas such as St Anne’s Square for an event to promote their brand, Radmilli explained. The current fee of €6 is “ridiculous” and it will be increased 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”, he said, adding that the amounts could be quite high.

He pointed out that such 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. If such an event was held in a hotel, where the audience would be much smaller, the company would have to pay much more.

This will not apply to NGOs nor to companies that are raising awareness, but is limited to commercial advertising.

Other bye-laws in the pipeline

The fact that the Local Council had gone 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-conditioners. However, he explained that this needed to be looked into because it may already be included in other legislation, 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 around these narrow areas, completely blocking the way 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 a local council has nothing to do with taxes, so it 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. In addition, a bye-law must 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 is then passed on to the Minister for Local Government. The Minister – in this case, Owen Bonnici – then has eight weeks to either simply refuse, or to suggest any changes, or to approve it.

If the Minister suggests changes, it goes back to the Council, another meeting is held and then it is decided whether the changes will be accepted or the bye-law will be withdrawn. If the changes are accepted, then there will be a further eight weeks before it is finally approved. Following this, it is published in the Government Gazette. Sliema Local Council has noted that bye-laws come into effect two weeks after they have been published.

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