Our country has faced significant and ongoing public outcry and an ongoing national debate regarding the widespread, unchecked spread of restaurant and café furniture on pavements and squares, particularly in areas like Valletta, Sliema, Gżira, St George's Square in Rabat, Gozo, Marsascala, and Marsaxlokk. The issues involve accessibility problems for the elderly, disabled people, and families with strollers, with authorities often criticised for lax enforcement of regulations.
The position paper by the office of the ombudsman calling on the government to take immediate action to address the growing obstruction of public pavements received strong public support, ranging from the PN and Momentum to NGOs and environmental and residents' groups.
Permitting commercial establishments to place outside tables and chairs sought to promote economic recovery and growth in the hospitality sector by relaxing planning and licensing laws to enable the consumption of food and drink outdoors by means of a temporary system of pavement licences, thus maximising their operating capacity to make up for the coronavirus pandemic and lockdown.
The provision of outside furniture made up of tables, chairs and associated paraphernalia like planters and barriers can, if undertaken well, add life and vitality to the local street scene and positively enhance the public enjoyment of local facilities, together with the appearance and prosperity of local businesses and the area generally.
However, inappropriately located or unsuitable furniture, together with its inconsiderate or inappropriate use, can positively detract from the public's safety, use and enjoyment of the street scene by causing congestion, obstruction, visual intrusion and amenity loss. The provision of such facilities may also cause problems with waste, litter, pests, noise, nuisance and other environmental issues that can impact health and well-being.
Sometimes, one is lucky not to end up drenched in a plate of hot food with waiters rushing out of the establishment to serve their clients seated in the street!
Furthermore, the provision or poor management of tables and chairs can give rise to problems associated with crime and disorder (e.g., opportunistic bag snatchers and pickpockets) and other forms of anti-social behaviour. Tables and chairs can also be used as weapons in violence-related situations.
Overall, then, there are inherent public safety and access issues in all circumstances where such facilities are provided. Obvious examples that spring to mind are emergency access, distraction of carriageway users, wheelchair user access, and mobility of the visually impaired.
Lately, we have been having too many pubs, restaurants, wine bars and cafes that insist on having seating and tables for the use of their customers on pavements outside their premises.
Mind you, this is not an issue limited to our small country.
In Italy, the city of Florence has recently tightened regulations on outdoor dining areas within its UNESCO World Heritage Centre to protect the historic appearance and ensure accessibility. The government is placing bans on outdoor dining in some streets and freezing the total area allowed in others.
In Japan, cities like Tokyo and Osaka have seen a surge in illegal outdoor dining, where restaurants occupy roads and pavements, a trend that increased after the government relaxed some regulations during the pandemic. Now, it is drastically reviewing those regulations.
In the UK, in cities like London and Edinburgh, the expansion of commercial outdoor seating has faced opposition from residents and local organisations who view it as the commodification and privatisation of public space.
Melbourne, in Australia; New York, Dallas and Houston in the US; Hong Kong and Tunisia have all seen similar issues, where the favouring of economic needs, such as for events and outdoor dining, has led to conflicts with residents over the use and accessibility of public areas. In all these places, the lack of sustainable criteria and proper planning in urban areas has led to problems with street furniture affecting the country's development and the liveability of public spaces.
Still, they somehow managed to solve those problems by addressing the obstruction of public spaces by tables and chairs through a combination of clear regulation and policy, active enforcement, and transparent concession processes.
Perhaps the Maltese authorities could borrow to a large extent from the solutions that those places have successfully come up with.
To start with, public authorities should set specific rules and guidelines for outdoor dining areas. These policies should ideally define a minimum width of at least 1.5 metres that must remain clear for pedestrian access, including for wheelchair users and those with prams. Regulations should also ensure that furniture does not block access to emergency services and public transport stops.
Secondly, businesses should be required to obtain a specific permit or concession to use public land, with the imposition of strict conditions, be time-limited, and be revocable if the conditions are not met, while the amount of furniture permitted should be strictly controlled and related to the available space.
Also, the authorities should use subtle ground markings or a change in the paving surface to mark the exact spots on the sidewalk or street where tables and chairs are allowed. This would allow both the public and enforcement officers to easily identify illegal encroachment beyond the approved zone.
Finally, active and consistent enforcement must be a critical component.
It's about time that the predicament of the encroachment by greedy businesses on public land and spaces stops. And the authorities must refrain from continuing to dish out land to businesses and from curtailing public spaces.
Public spaces belong to the people, not private profit!
Dr Mark Said is a lawyer