The Local Council Association wants studies of each locality to be conducted in terms of where catering establishments could be allowed to place tables and chairs on pavements and parking spaces during the summer months, as part of an overall review of the policy that governs such decisions.

When summer comes along, the number of tables and chairs on pavements tends to increase, allowing restaurants to provide customers with an outdoor dining experience. This normally brings with it some controversy, with sections of society questioning why restaurants are allowed to occupy a space where pedestrians walk and in some circumstances, occupy parking spaces.

President of the Association Mario Fava was contacted by this newsroom following recent news reports about encroachment by restaurants.

Fava said that the association had made a request to Local Government Minister Jose Herrera to form a committee about such encroachment, to which he said the minister accepted. Fava explained that the local councils understand that there needs to be encroachment, and agrees that such things need to happen, however said that they must be allowed based on studies according to the needs of a specific locality. He said that the association is proposing that there be a committee set up to include all the involved stakeholders, including the Planning Authority, the Lands Authority, Transport Malta, the local councils and even the CRPD, to see how the existing encroachment policy can be improved.

"We want to improve the regulations regarding the encroachment of tables and chairs," he said, even in terms of giving more open spaces which would then allow more access to such situations, although they would still need to be done in a good way that does not bother anyone.

He said that the association is also seeing whether it is possible for certain localities to, on certain days during the summer for example close some squares to traffic, which would mean that people can walk around the square without the danger of vehicles and that tables and chairs can be brought out by the restaurants and catering establishments.

"You need to see the situation holistically. That is why we are pushing to improve the policy as there is a situation where things can improve and there could be a study carried out in localities in terms of where there is place for such tables can be put out, and where there isn't."

Such a move, Fava said, will even mean that people wanting to open a catering establishment would know if they would be able to have tables and chairs outside or not during summer. There are zones where more encroachment can be seen, and others which are for example residential where it should not be allowed.

This year however, could see this situation result in more controversy than normal. Restaurants now have certain restrictions, which means that the number of tables they can have reduced, due to the required 2m gap between each table. Because of this, Prime Minister Robert Abela has said that this could call for the relaxation of other measures such as those regarding tables and chair outside. He had said that while in the past we some restaurants and cafes were told that they cannot be allowed to have tables and chairs outside due to regulations, "we need to ease up a bit, otherwise we risk leaving everything closed."

Fava preferred not to give an opinion on these temporary measures as yet and would rather wait until the relevant directive or legal notice is issued, saying that it would be premature to comment at this time. He said that there is a distinction between what the temporary measures would be, and the overall policy.

Government did not consult CRPD regarding relaxing of measures

The Malta Independent also contacted the Commissioner for the Rights of Persons with Disability Oliver Scicluna, who said that allowing restaurants to set up more tables and chairs outdoors can affect those wheelchair users' access to the pavement.

Discussing the Prime Minister's statement indicating the relaxing of tables and chairs regulations, Scicluna said: "We see that the government is trying to tackle one issue, but then creates new issues and problems for others."

Scicluna pointed out that CRPD was not involved in the discussion of such measures, and how certain restrictions and new measures do not take into consideration those individuals with a disability. "We should have been consulted beforehand, as we believe that no one should be discriminated," he said. "There must be clear guidelines for everyone, especially those people living with a disability."

So far CRPD have only received two complaints regarding the set-up of tables on pavements, yet they will be keeping an eye out for more complaints in the upcoming weeks.

Some local councils have already begun to have issues with certain encroachments which have been noted. As an example The St Julian's local council has protested about an encroachment that will see a number of parking spaces taken up on Main Street St Julian's

Speaking with this newsroom, Mayor Albert Buttigieg said that the council felt frustrated that the decision to remove the structure taking up 5 spaces, one month after being taken, was retracted and the structure replaced without council being informed, "when even the Local Councils Association is  against it." He stressed that the council has nothing against the applicant, and that it has been consistent when it comes to tables and chairs applications, but said that the location in particular already poses traffic management issues.

"The challenges will increase. Next door there is an application for a boutique hotel that will further commercialise the area and so we feel that this is a situation where residents are left without a voice. " He said that Transport Malta found no issue with five parking spaces, including one for disabled people, being taken, adding that the structure would even cover two water culverts and a drainage manhole, questioning what will happen if an issue arises in that department.

Another issue recently cropped up with the Naxxar local council, who for example posted the following on Facebook:

"We condemn the attitude of the authorities who could not care less about the Council and without any consultation whatsoever take decisions which till now are illegitimate. This time it was the Malta Tourism Authority's turn who allowed the occupation of a public space and reduced the parking spaces in Triq l-Oratorju. What about the health and safety of this restaurant's clients? What if a vehicle loses control? This attitude can never be accepted, even if legalised. It is not acceptable that local councils, who are the legitimate representatives of the locality, to be treated in such a manner. This is an insult on the Local Council and its community."