20 band clubs risk losing their premises after DePaule case

A court decision ordering the De Paule band club in Rahal Gdid to leave its current rented premises has now placed a number of other band clubs at risk of also being asked to vacate the building they occupy, if similar court action is sought towards them.

A report in Illum has uncovered that 20 band clubs across Malta currently rent their premises from private owners, including the St Cajetan and St Joseph band clubs in Hamrun, the two Mosta band clubs, the Duke of Connaught’s band club in Birkirkara, and the Anici Socio-Musical Club in Qormi.

Although the majority of these clubs are protected under the pre-1995 rent law, the owners of the buildings can use other legal arguments to make the band clubs leave their premises, the newspaper said.

Lawyer Bernard Grech said  the clubs could lose their “protected” status if they did not honour all their obligations, which is why the Court of Appeal confirmed a sentence of the lower court ordering the DePaule band club to leave its rented building by September.

The DePaule band club had demolished a dividing wall to join its main premises with an adjacent building it had purchased, and failed to inform all the parties who owned a share of the property it was renting.

DePaule secretary general Gordon Dalli told the newspaper that all the band clubs activities will be immediately halted, including its participation in the Christ the King feast in July. This is being done to lower costs and direct all funds towards finding an alternative site for the band club.

The Stella Maris band club in Sliema is also waiting for a sentence from the Court of Appeal on whether it will be able to retain its current premises, after the lower court decided in favour of the band club.

Meanwhile, the owners of the King’s Own band club in Valletta have taken the government to the European Court of Human rights, arguing their basic right to enjoy their property was being breached.

The owners had previously lost their case in Malta, after the Constitutional Court overturned a decision by the Civil Court ordering the government and the band club to pay, half and half, €300,000 to the owners in compensation. The case had been started after the owners argued that, considering the architectural, cultural and historical value of the building in Republic Street, the €1,164 annual rent fee being paid to them was very low.