S.L. 441.8 ст. 6Extension of business hours for catering establishments.

(1) Notwithstanding the provisions of the First Schedule, the Minister may, subject to such conditions as he may in every particular case decide to impose, extend the business hours of any commercial premises licensed as a catering establishment under the

Malta Travel and Tourism Services Act or licensed as a night-club, discotheque or other premises where dancing is held and an entrance fee is normally charged, beyond the time established as business hours for such premises under the said Schedule.

(2) The owner or manager of any commercial premises as mentioned above shall apply in writing to the Trade Licensing Unit for the purpose of seeking authorisation to extend the business hours of such commercial premises. The Trade Licensing Unit shall, within seven working days after receiving such application, consult with the Malta Tourism Authority in order to ascertain whether all relevant licence fees in respect of such commercial premises have been paid and shall also request the approval of the Commissioner of Police for the extension of the business hours of the commercial premises. Within sixty days after receiving such notification from the Trade Licensing Unit, the Malta Tourism Authority and the Commissioner of Police shall send a written reply.

(3) In the event that, within the above-mentioned period of sixty days, the Malta Tourism Authority indicates that the licence fees in respect of the commercial premises have not been paid or in the event that the Commissioner of Police, within the said period, objects to the extension of business hours, such extension shall not be granted.

(4) If, after the said period of sixty days, the Trade Licensing Unit receives no reply from the Malta Tourism Authority or from the Commissioner of Police it shall be deemed that the Malta Tourism Authority or the Commissioner of Police, as the case may be, is in agreement with the granting of the authorisation for the extension of business hours: Provided that:

(a) the playing of music by whatever means inside commercial premises when they are not licensed to play amplified music shall stop by 11.00 p.m. and between 1.00 p.m and 4.00 p.m.;

(b) amplified music may only be played after 11.00 p.m. and between 1.00 p.m and 4.00 p.m. in commercial premises that are covered by a licence for the playing therein of amplified music;

(c) subject to the provisions of paragraph (b), the playing of music by whatever means, in commercial premises licensed to play amplified music, in such a manner that the music can be heard outdoors, is prohibited after 11.00 p.m. and between 1.00 p.m and 4.00 p.m. in all areas and after midnight in the localities of Bugibba, Qawra and St. Paul’s Bay, with the exception of the designated areas in Bugibba, Qawra and Paceville,as provided in the Third Schedule. where no music can be heard outdoors after 1.00 a.m.;

(ca) The playing of music in a commercial premises as authorised under paragraph (a) or (b) shall, notwithstanding the time limitations provided in the said paragraphs, be allowed until 1:00 a.m. in commercial premises situated in the areas of Valletta designated in the Third Schedule. Commercial premises which are situated in the areas of Valletta designated in the Third Schedule shall be allowed to extend their business hours until 2.00 a.m. or any such time as authorised by any other valid permit issued in favour of any such commercial premises. When music is played in a commercial premises to which this paragraph applies after 11.00 p.m., the volume of such music shall be kept at a moderate level. No music shall be played outdoors after 1.00 a.m.;

(d) the operation of commercial premises licensed to open for business from 1.00 a.m. to 4.00 a.m. shall not, during those hours, cause annoyance or inconvenience to neighbours by any sound capable of being heard from outside the premises or by anything done inside or outside the premises.

(5) In the event of failure to comply with the provisions of the proviso to sub-regulation (4), any member of the Police force not below the rank of Sergeant shall have the power to order the immediate remedy of any such breach to his satisfaction and any member of the Police force not below the rank of Inspector may order the immediate closure of the premises for a period of twelve hours as he shall deem appropriate in the circumstances. In the case where the person having effective control of the commercial premises fails to comply with any order given to him in terms of this paragraph, the Commissioner of Police, shall have the power to issue an order in writing for the immediate closure of the premises and the cessation of any commercial activity from the said premises for a period of not more than fifteen days. Subject to the concurrence of the Minister responsible for Commerce, the said commercial premises may be closed for a subsequent period not exceeding thirty days independently of any other punishment to which the offender may become or may have become liable according to law.

(6) In the case of persistent breaches the Commissioner of Police shall inform the Trade Licensing Unit of the provisions of the proviso to sub-regulation (4) which have been encountered in any licensed commercial premises; the Trade Licensing Unit may, after granting the licensee of the said premises an opportunity to make submissions, revoke the licence for the extension of business hours from 1.00 a.m. to 4.00 a.m. in respect of such commercial premises.

(7) (a) No amplified music, by live bands or by whatever means, shall be played in the course of or as part of a commercial activity between 4.00 a.m. and 9.00 a.m.

(b) Subject to the provisions of paragraph (c), any commercial activity held in the open-air, in the precints of any commercial premises, shall come to an end by no later than 1.00 a.m.

(c) if the premises where an open-air commercial activity is held are part of any premises licensed as a catering establishment under the Malta Travel and Tourism

Services Act, or licensed as a night-club, discotheque or other premises where dancing is held and an entrance fee is charged, and the premises are situated at a distance of more than 500 metres from any inhabited area, the licensee may apply to the Minister for an extension of the time limit laid down in this regulation subject to such conditions as the Minister may deem appropriate and provided that such limit shall in no case be extended beyond 4.00 a.m. FIRST SCHEDULE

(Regulation 3)

Notwithstanding the business hours established in regulation 3 exceptions shall apply: