Commercial Balance
Proposal by Independent Social Movement - ResidentiBeltin - 02/09/2021 ⓒ (Digital & Published Rights)
It has always been our belief that commerce had and still has to evolve around the residents and the locality, and not where the residents and the locality have to bow down to extreme commerce. At the end of the day every citizen is a resident; it is certain that no trader likes having any right denied or broken as a resident in their own home.
We could never accept or tolerate the deception through the State's and Government/Public branches' promise of 'Open Spaces'. Where this promise was nothing but sweet words used as a means to pressure us residents into ceding our residential parking spaces so that these spaces would be occupied and blocked by the Private Sector - these caused massive grid-lock around the Valletta Belt.
Every resident and visitor should have the same full right that a trader has when it comes to having peaceful work and rest, without interruption and without any disturbance throughout the day or night. One's right should not violate another's; they are given the same full right that the law demands and provided with full accessibility when it comes to public spaces, public passages, at all times and without any hindrance whatsoever. We never had a problem with two or four tables; indeed before, until a few years ago, every business and establishment always showed enormous respect towards residents. What we are seeing today is nothing but greed and a seizure of public land, conflicts that violate the human rights of others, especially the vulnerable category.
No individual should be discriminated against or have inconvenience created for them because of a conflict or seizure of public land.
'𝑃𝑖𝑡𝑒𝑟𝑝𝑟𝑒𝑡𝑎𝑡𝑖𝑜𝑛𝑠 𝑡𝑔𝑎𝑡 𝑎𝑟𝑒 𝑜𝑝𝑒𝑛 𝑡𝑜 𝑎𝑏𝑢𝑠𝑒, 𝑎𝑛𝑑 𝑡𝑔𝑒 𝑠𝑎𝑚𝑒 𝑚𝑖𝑠𝑡𝑎𝑘𝑒𝑠 𝑎𝑟𝑒 𝑟𝑒𝑝𝑒𝑎𝑡𝑒𝑑.. 𝑇𝑔𝑒𝑛 𝑠𝑔𝑢𝑡 𝑡𝑔𝑒 𝑑𝑜𝑜𝑟, 𝑠𝑜 𝑡𝑔𝑎𝑡 𝑡𝑔𝑒 𝑜𝑝𝑝𝑜𝑟𝑡𝑢𝑛𝑖𝑡𝑦 𝑜𝑓 𝑎𝑏𝑢𝑠𝑒 𝑖𝑠 𝑐𝑟𝑒𝑎𝑡𝑒𝑑'
Among other balance proposals, those who observed and correctly identified the problems... agree that permits and their design should be reviewed; these permits always had to be the first thing every representative needed to address.....
''𝐼𝑓 𝑡𝑔𝑒 𝑓𝑜𝑢𝑛𝑑𝑎𝑡𝑖𝑜𝑛 𝑖𝑠 𝑛𝑜𝑡 𝑏𝑢𝑖𝑙𝑡 𝑜𝑛 𝑠𝑜𝑙𝑖𝑑 𝑔𝑟𝑜𝑢𝑛𝑑... 𝑒𝑥𝑝𝑒𝑐𝑡 𝑖𝑡 𝑡𝑜 𝑐𝑜𝑙𝑙𝑎𝑝𝑠𝑒''
𝟎𝟏) Regularisation of tables and chairs, to be compliant with public space regulations, uniform and in good condition, compliant with prevention, public order and organisation.
Public accessibility where they provide sufficient safety clearance for ambulance passage, fire brigade vehicles, civil protection vehicles. The largest vehicle among them is three metres wide; therefore we insist that there must be, by force and by law, access in every street or alley in case of Emergency.
𝟎𝟐) No type of blockage through tables, chairs, structures in front of 'Fire Exits' or main doors whether of Banks, Churches, Museums, Private Residences, Garages, Post Offices or Educational Institutions, Historic Sites or other Business Establishments.
𝟎𝟑) Permits shall be considered according to the size and dimensions of the area, where permissible without the occupation of streets, pavements and steps. Occupation of squares up to a maximum of 70% divided among the surrounding establishments, including a 3-metre reserve of free space around monuments or fountains.
𝟎𝟒) By law every establishment must have the permit displayed outside, as well as a log-book kept at all times on the business premises. This log-book shall contain every permit and licence related to everything concerning operations and must be accessible to the Police Force or other Public entities. There shall be a specific number recorded of how many tables the establishment may have. Permits shall be updated and accessible via the Council's website and the Public Entities' websites.
𝟎𝟓) Permanent structures were never and are never acceptable. Especially if left outside after closing of operations. Regulations for outdoor decoration must be strict, of quality and respectful of the Valletta Belt Locality together with the condition of no public obstruction or detriment to handrails and any means of assistance to vulnerable persons of every age and category. Every object or plan must be approved by the Council.
𝟎𝟔) No permits for chairs or tables shall be given to businesses that already have sufficient space and room on a roof, on a parapet, on a terrace, inside the purchased/rented property - Otherwise they are given only a limited number permit; 4 maximum outside. Every permit is granted only under the same scrutiny where it respects and honours the law of public spaces and zones.
Whereas businesses that do not have sufficient space inside the purchased or rented property are granted consent for larger portions/percentages, always if permissible according to the law and still under the same scrutiny. The aim of drastically reducing outdoor catering zones is so that small businesses located on the Belt's periphery - throughout these years they always had clientele, they never resorted to taking public spaces or any parking - but their establishments today are ending up without clients because the large establishments are seizing every amount of clients without leaving anything for others.
𝟎𝟕) Removal of posters, menu boards, tanks, appliances that are excessive and that are considered illegal under the law. Laws already exist, and these must be enforced without any professional, political or personal conflict.
𝟎𝟖) In case of failure to respect these protocols, the permit shall be permanently revoked or temporarily suspended and an appropriate penalty imposed. Every necessary amendment shall be made to the Locality's Bylaws.
𝟎𝟗) Monuments and historic sites shall be protected and those who cause damage in their area of occupation shall be held responsible. State and Authority representatives shall be called upon to design an enforceable 'Legal Agreement' with respect to residents in the vicinity of these establishments, thus updating the licences of present and future businesses that automatically guarantee responsibility and accountability once a business opens.
𝟐𝟎) Take Aways and similar should stick to the proper concept of Take Aways. This way the loss of more parking spaces is reduced, as well as through this no public space continues to be taken.
𝟐𝟐) Residential zones remain residential zones. We encourage types of essential commerce, grocery, community service or those that operate up to certain hours during the day not at night, thus we encourage small businesses that do not disturb residents and we try to save the businesses that have been part of the Valletta Belt for so long.
𝟐𝟑) The Council provides its help to old and small businesses, especially those synonymous with the Valletta Belt, by advertising them free of charge on every platform of the Local Council itself together with every other platform that is willing to collaborate.
𝟐𝟒) As a Locality we should make use of Local Wardens where they are also given authority to carry out proper monitoring of establishments and residential zones.
𝟐𝟓) No amplification outside; as the law states (Where it permits exception only for national events, related to Valletta Belt celebrations, Religious or one-off Festivals/Events)
𝟐𝟔) We consider atmospheric live performances, such as background guitar, melodic/harmonious background singing, thus encouraging artists and musicians. Permissible until eleven at night. Through a scheduled permit, to avoid conflict.
𝟐𝟕) Indoor amplification is permissible; every establishment must have a door that closes, a soundproofing system as required. The permissible speaker size is that of a small size but sufficient to fill the property for 'indoor entertainment'.
𝟐𝟖) Decibel systems shall be introduced in the locality; certain discrepancies may arise without the fault or absolute control of the owners. Tolerable measures outside reach a maximum of 55-65dB - however if an establishment is repetitively a source of inconvenience or resorts to abuse, the Council and the Authorities shall take all necessary steps. With these measures, we hope to create precedents for other localities. Although we are against every outdoor speaker; if the locality shows interest or support that every establishment should have a type of small speakers in commercial zones, on any day or for any event it must have a soundproofing system and approval of the surrounding residents and other businesses.
𝟐𝟗) We maintain that Local Councils must have the authority, duty and right to design guidelines on how these permits are granted within their respective locality, together with the duty to provide the necessary tools and control measures for public peace and order.
𝟐𝟘) The Local Council implements an inclusion plan for persons with disabilities or other impediments. All funds collected from permits and penalties are proposed to go towards investments in projects for the Belt community, so that the Council also has a solution for any debt from previous administrations.
𝟑𝟎) We believe that every proposal for marking or painting on streets or pavements that belong within the Locality, even more so when it is a UNESCO World Heritage Site, is not only degrading and immature but does not solve the aspect of disorganisation, chaos or the aspect where public land should be free for everyone either.. The locality needs better planning, discipline, and above all compliance. Thus we believe more and more that tables should be kept as close as possible to the facade of the establishment they belong to, and we also believe that permits should be according to the number of tables, making it easy for the Authorities to count the quantity instead of having to measure every establishment in the locality.
Insurance from Works and Private Entities:
Proposal by Independent Social Movement - ResidentiBeltin - 05/09/2011-2020 ⓒ (Digital & Published Rights)
'Insurance Deposits' shall be proposed for every type of works and activities carried out by the private sector or in private collaboration, so that in case of damage it is covered by the same entity that caused that type of damage instead of spending public money to repair the damage. These shall be dictated by an official/inspector with the inclusion of the Local Council before the work begins, during the work and after the work or activity is completed.
Legal Notice 161/163-2022 - Revocation.
Proposal by Independent Social Movement - ResidentiBeltin - 05/06/2022ⓒ (Digital & Published Rights)
''Traders are residents at the end of the day; everyone appreciates respect and public peace around their home, thus they should bring nothing but respect towards residents around their business and not inconvenience''
Legal Notice 161/163-2022 which permits the extension of bar operations with music until 01:00am was introduced without the consent and without the interest of the Belt community, despite the fact that many entertainment establishments were already a serious inconvenience to residents. This Legal Notice, without an enforcement structure or serious measures, created repercussions on many residents as well as accommodation establishments where tourists end up deprived of rest throughout the day and throughout the night. The streets selected by this legal notice remain slopes and noise spreads into residential areas; this should not be - this is another reason why no amplification proposals should be implemented.
We continue to work to curb the abuses that go against the parameters of time and permissible conditions of human rights. We will ask the authorities to investigate operating hours based on the establishment's receipt system when reported. Operators who abuse the extended operations until 02:00am should be automatically prosecuted and given a warning of temporary suspension of operations - several residents have long been reporting that there are some of these operators who stay open until 03:00am and beyond. With these Authorities we will include the Health Authority and those of Sanitation.
Together with our promise of Revocation, we work so that residents have the right to have every type of Legal Notice revoked together with 'Entertainment' permits that have been implemented, supported or issued by the Council. On this promise, we add the work so that new rights and measures are designed in favour of all residents and visitors in the Valletta Belt - we will not let the same mistakes be repeated by any entity.
It is imperative that nothing is ceded or sold to the private sector under the guise of 'progress', since this, in reality, means regression and privatisation. If any transfers are made, these result in a loss of possession for the Maltese people and that of accessibility both for us and for other citizens.
The Belt, the Belt residents and the Community Associations cannot continue to be forced to bow down to Extreme Commerce haphazardly and without restraint. Every government had and has to function as custodian of public resources, free from manipulation or influences from the private sector.
Finally and not least, as part of this section, we work to have the UNESCO World Heritage title on the Valletta Belt respected and strengthened. The importance of our efforts and work are crucial so that we defend the public coast, the land and personal property (boathouses) and public property, as well as ensuring that public access for locality citizens cannot be privatised.
https://ombudsman.org.mt/recommendations-not-implemented-lack-of-official-markings-for-outdoor-catering-areas/
*Every proposal will be solidified and improved once the Council, under our leadership, convenes public meetings with the residents.
