The revision of legal notice number 96/2011 banning the sale of alcohol after 9pm by bottle shops licensed as confectionaries, announced by the government last Tuesday, has led to mixed reviews, with the GRTU, the Chamber representing Small and Medium Enterprises, particularly critical of the new law, describing it as “ill-timed and badly planned” and called on the government to withdraw it immediately.

“The GRTU is strongly against these new regulations, which put bars at an advantage and confectioneries at a disadvantage. Moreover, it is also unclear whether the law is also applicable to mini-markets and supermarkets. Retailers are licensed to sell their goods during all hours of the day,” the Chamber said.

It also questioned the feasibility of the law, arguing that it cannot prevent retailers to change tack and expect them to refrain from selling alcohol after 9pm, a practice they have been accustomed to doing for years, overnight.

“The whole approach of the government is wrong. Moreover, no one expects the police, who already have most of their work cut out, to spend more of their time and energy chasing retailers and advising customers on what they can by and what they cannot”.

The legal notice had already been enforced, but several confectioneries were known to abuse the law since they only incurred a “pittance” fine of €150, George Micallef, the president of the Malta Hotel and Restaurants Association (MHRA), told this newspaper.

He welcomed the new law and said that thanks to the latest amendments, penalties against breaches of the law have now been increased to €5,000. If a confectionary breaches the law a second time, the owner will face a further fine of €10,000 and the possible suspension of the shop’s trading licence.

“Year after year, the sale of alcohol after 9pm caused a great deal of problems in heavily touristic areas. The sight of empty bottles of alcohol littering the streets of Paceville, Sliema and Buġibba are a common sight every summer season. Now, thanks to this revised law, such sights will hopefully become a rarity. However, the revision in the law will be futile unless the government cracks down on enforcement laws to curtail such longstanding abuse,” Mr Micallef said.

Through a media statement, the MHRA added that it has been advocating for proper enforcement and a change in the regulations since the law was amended by the Department of Trade in 2006 and said it was pleased to note that the revised regulation now also allows confectionaries and bottle shops to stay open after 9pm should they wish, as this was never one of their contentions.

“Furthermore, the MHRA appeals with the appropriate authorities to ensure that no one is permitted to break the law and to ensure that every establishment operates within the confines of the relevant licensing conditions,” the association said.

The new law also allows for alcohol to be sold between 9pm-4am for consumption on premises could only take place in licensed clubs, wedding halls, and commercial premises licensed by MTA as “catering establishments where the primary purpose is the sale of food and alcoholic beverages to be consumed on the premises.”

However, the Consumers’ Association also criticised the government’s decision, arguing that it stifles competition to consumers’ detriment, and called for a proper analysis on the impact the new regulations will have on trade.

Because of the new law, shops which normally sell alcohol at higher prices than other retailers do now have the opportunity to continue doing so throughout the night, but without the competition from confectionaries, the association argued.

The association also noted that retailers with more than one commercial licence will now have to choose under which licence to operate. This, the association said, went against the recent trend in the commercial sector. Shops were today trying to broaden their offer to consumers as consumers preferred to find all their requirements at one outlet, such as supermarkets.

If there was something wrong in the sale of alcohol after 9pm the measures should have been applied to all outlets, the association highlighted.