Kiosks to be banned from having chairs and tables

A proposed planning policy regulating the placing of tables and chairs on public pavements will ban kiosks from doing the same next to them, if approved.

On the other hand, bars, restaurants and canteens will benefit from a one-stop shop system if they follow the rules set by the new policy.

Kiosks are defined as “small food stalls” and include both those which are permanent at a particular site, mobile kiosks occupying a fixed space on a permanent basis, and mobile hawkers.  

But a spokesperson for the Malta Environment and Planning Authority spokesperson made it clear with MaltaToday that existing kiosks which have a permit for outside tables and chairs, will not be affected as the policy will not be retroactive.  

Existing rules allow kiosks to apply for a permit for chairs and tables as long as a number of conditions are respected.

The new policy, if approved, will allow restaurants to place tables and chairs to half the width of public promenades or belvederes. The policy indicates that in these cases, tables and chairs have to be set facing the road, with pedestrians having the space facing the sea.

Even on promenades, the area reserved for pedestrians is set at a minimum of 1.5 metres – which is barely the space required by two people to walk side by side.

Controversially, the new policy fails to set any limits for the placing of chairs and tables in public gardens, public squares, and jetties, adding that any such decisions will be taken on a case-by-case basis. Current legislation states that tables and chairs can only occupy a quarter of the width of a road, square or alley but can occupy half the width of a promenade.

While the policy states clearly that no chairs and tables can be set up on beaches, the policy may encourage beach outlets to propose jetties on which they could set up chairs and tables. This could have an impact on the coastline environment.  

It also raises questions on the applicability of laws ensuring public access to the coastline on reclaimed land.

The new policy also includes some practical advice to reduce noise pollution. For example, table and chair legs should be fitted with rubber ends so as to decrease noise pollution and not to cause any damage to paving materials.

The new policy obliges all encroachments on public spaces to leave a 1.5-metre passage – the distance required for one person to walk alongside a wheel chair and two persons to walk side by side.   

The new law also paves the way for tables and chairs on both sides of any pedestrianized streets with a width greater than 2.7 metres. In such cases the 1.5 metre minimum has to be kept as a free passageway for pedestrians.