Confectioneries banned from selling alcohol after 9pm

Amendments to the Trading Licences Act have outlawed the sale of alcoholic beverages between 9pm and 4am from confectioneries and establishments not licensed to serve alcohol that can be consumed the premises.

The legal amendments effectively clamps down yet again on so called ‘bottle shops’ like confectioneries operating on the margins of entertainment areas like Paceville.

The bottle shops represented a source of concern from bars  and clubs in the area which claimed they were being ‘undercut’ by cheap alcohol prices sold to punters, to be consumed out on the street before entering Paceville establishments - themselves already bound by high compliance standards to operate as bars.

The new amendments allow alcohol to be sold between the 9pm-4am period for consumption on premises only in establishments licensed as clubs, wedding halls, and commercial premises licensed by MTA as “catering establishments where the primary purpose is the sale of food and alcoholic beverages to be consumed on the premises.”

The amendments also outlaw the “sale or serving of alcoholic beverages by street hawkers and by market hawkers at all times.” Another complaint in fact came from event organisers who said main events attracted hawkers setting up 'shop' on the margins of concerts or mega-parties, to capitalise on audiences by selling cheap alcohol before events.

The law also reflects the recent change in the legal minimum drinking age: “No alcohol and no tobacco products shall be sold to persons under the age of seventeen years.”

The amendments also confectionery owners to inform the trade licences department by 31 May whether they are confectioneries that sell alcohol or not. Failure to do so means that stores will be considered to hold a licence that excludes the sale of alcohol.

GRTU president for tourism and hospitality Philip Fenech, who took a vocal stand on the regulation of the bottle shops, said: “There were a lot of discussions throughout the last couple of years on this issue, mainly with the police, drug agency Sedqa, the Malta Tourism Authority, and the parliamentary secretariat for trade. Confectioneries had been selling alcohol and turned into ‘glorified bars’ when they were meant to sell products to be consumed at home, and not out on the streets.

“This led to complaints of underage drinking, and uncivil gatherings of youths drinking on porches, roundabouts and playgrounds. This was unacceptable to residents, and was creating a seedy ambience in an area that caters for 5-star hotels.”

The St Julian’s local council in 2008 also updated rules banning ‘loitering’ with a glass bottle, by banning the drinking of alcohol on some streets, Paceville included, against a €65 fine.

“If such confectioneries want to operate as bars, they are free to convert their premises according to the necessary compliance,” Fenech said.