For the past 10 years, residents who live in a block of flats in Qui-Si-Sana have complained about a restaurant operating in the same building.

In 1991, the Works Department approved the use of the ground floor of Les Roches Apartments as a retail shop and catering establishment called Café Sotto Vento.

In December 1993, the owner applied to the Planning Authority for change of use of the cafeteria into Andrea’s Supermarket. Almost a year later, in October 1994, the application to convert the cafeteria to a supermarket was approved and Andrea’s Supermarket opened instead of Café Sotto Vento.

Soon after, in April 1995, the owner requested the reactivation of the former catering licence to open a Spanish restaurant.

In an auditor’s report issued by the Malta Environment and Planning Authority (MEPA) in 2004, there “were many facts which are difficult to explain”.

One of these factors is the “disappearance of the first three files dealing with the site in question.”

The lack of files created difficulty in assessing the use of the basement floor and the original use of the ground floor is not clear as the application for the specific use of the premises is missing.

After the approval to change the catering establishment into a supermarket, no reference was ever made to the site’s history.

The report concluded that the “audit office refrains from any comments on the current applications or otherwise of any approved policies for applications”.

According to the site history, the last approved use of the premises was that of a supermarket. However, “all subsequent applications were for minor alterations or additions to an existing restaurant”.

“In all subsequent applications, after the approval of the change of use to supermarket, there was never any reference to the site history.” The auditor also pointed out that “this is a crucial factor in the subsequent applications submitted on this site; yet there is not a single reference to it. Inevitably it leads to a suspicion that it might have been intentional.”

However, there never was any indication of an approved use as a restaurant. “The use of the premises as a catering establishment was superseded by the subsequent change of use to a supermarket.”

The report also pointed out that there were “two simultaneous trading licences on the same premises, although not used simultaneously.”

It also suggested referring the matter to the competent authorities so that “once a change in use of premises is approved and a relevant licence issued, any previous licences are withdrawn and may not be reactivated.

The approved application for the building in October 1991 was for the construction of seven apartments, penthouse, ground floor premises, basement garage and a store.

In 1999, the Spanish restaurant closed and in January 2001, Mamma Mia restaurant made the contract to operate the restaurant. The premises were still covered by a permit for a supermarket. The premises were extended onto the pavement, and the basement used as part of the illegal restaurant.

The residents immediately suffered the consequences and complained about the smells and noises coming from the service shaft of the apartments. A court appointed expert noted that a ventilation system extracting fumes form the kitchen, which was situated in the basement, propelled them into the common shaft and also created noise that exceeded legal limits.

An extractor was placed on the common area of the apartments next to the main entrance.

In October 2002, a fire broke out at Mamma Mia restaurant and the Civil Protection Department said it was only a matter of luck that the fire did not reach the gas cylinders which were improperly stored.

The residents wrote to Enemalta complaining about the hazard of the improperly stored gas cylinders and in November, Enemalta sent a letter stating that the gas cylinders were stored in conformity to regulations but that the ventilation needed to be improved.

The same court-appointed expert advised the court that the gas cylinders were improperly stored, were creating an unnecessary hazard in the form of a time bomb, and should be removed.

In 2003, the residents wrote to the Malta Tourism Authority (MTA) pointing out that Mamma Mia restaurant was used illegally as the MEPA permit was only for a supermarket.

MTA requested clarifications from MEPA which took six months to reply. Finally the only reply was that “the establishment is considered as commercial”. However, the residents complained that an application for the change of use from supermarket to restaurant was never submitted to MEPA and no permit for a restaurant exists.

The residents took the owner to court, which among other things, confirmed that the establishment had no permit for a restaurant and concluded by stating that the operator must first obtain the permit, the licence and then open the restaurant and not the other way round.

In October 2004, Health and Safety officials carried out a site inspection and concluded that the gas cylinders were safely kept in a backyard, while these were still kept in a small-unventilated room the basement. However, MEPA plans and a visit on site confirmed that the apartment block only has a small service shaft but no backyards.