A shop owner filed a judicial protest yesterday against the Malta Tourism Authority after they summarily decided to shut down his shop under an enforcement notice while he was still in the process of appealing against the decision.

John Bonello, owner of the Paceville establishment Hole in the Wall, filed the protest against the Malta Tourism Authority over an enforcement notice issued on 25 July 2007.

The complainant said that the issue of the enforcement notice should have served as notice before action was taken. He subsequently filed an application for a prohibitory injunction in court and this was refused on 24 August.

He said that MTA officials turned up at the establishment in question soon after and told him to immediately shut down operations as there were certain issues that were in violation of various regulations.

As a result, Mr Bonello filed for an appeal to be heard by the MTA’s Appeals Board on 4 September. He said that the decision to summarily halt his operations at the height of summer was unfair. He also said he felt aggrieved that the MTA had taken the decision to shut him down when there was a pending appeal yet to be heard.

While he recognised that the MTA had certain powers accorded by law, said Mr Bonello, it should employ a certain amount of prudence in respect of such decisions, adding that prudence and being reasonable did not feature in this decision.

He therefore appealed to the MTA to authorise the shop to open once more and held the authority responsible for any damages incurred.

Dr Edward Zammit Lewis and Dr Joe Giglio signed the protest.