Speaking to The Malta Independent, Tonio Magro, the owner of Sir Anthony, a shop in Depiro Street, Sliema, which sells wines and spirits, as well as cosmetics and skin care products, said his ordeal began late last week when a policeman delivered a letter to his shop.

In the letter, the shop owners were told that since their business was 50 metres from a polling station, they were not being allowed to open tomorrow. However, Mr Magro said his shop was 59.7 metres from the polling station.

But when Mr Magro contacted the Police Commissioner, he was told that the business has to be within 50 metres from the perimeter of the polling station. This is not what the letter said, he said angrily.

Asked if his business fared well on a Saturday, Mr Magro said that Saturday made up 80 per cent of his weekly sales.

Mr Magro said he had written to President Edward Fenech Adami, Prime Minister Lawrence Gonzi and Justice Minister Tonio Borg. These all told him that the issue was beyond their control and that it was up to the Electoral Commissioner and the police to enforce this law.

He said tomorrow will be business as usual for his shop and “if the police come to order me to close, I will close and then start my legal battle on Monday. If I am not allowed to open my business because of an election, I want to be compensated.”

Mr Magro said the idea of having all businesses closed off on election day was good for times when problems in Malta, especially during elections, were an order of the day. He said he could not understand how this rule was still being applied nowadays.

Asked for his comments, Parliamentary Secretary Edwin Vassallo described the matter as an “over-reaction of protection”. He said this was not in line with the government’s entrepreneurial policy.

Mr Vassallo said that since the Electoral Commission changed the 50m distance from the perimeter rather than the doorstep of the polling station, more shops have been adversely effected by this change.

He said the ministry was fully aware of the problem and in fact this is also mentioned in a report on the constraints being faced by local entrepreneurs. When asked, Mr Vassallo said his ministry had not been consulted before this change in the interpretation of the 50-metre rule was introduced.

“Unfortunately, before these amendments were introduced, the Electoral Commission did not take into consideration the implications of such changes. When our attention was drawn to the problem, it was too late to discuss any changes but this surely has to be discussed after tomorrow’s election. It doesn’t make sense,” he said.