Introduction
In Malta the entertainment and the tourism sector in all its shapes, forms and operations is a pillar of the economy because the industry contributes considerably to public and private revenue and employment. That being a disputed fact, one must acknowledge as well that, in recent years, late evening and nightlife noise, including but not only loud music coming from bars, clubs, restaurants and other venues, have spilled into residential areas and into what is left of the countryside but close to urban areas. This matter has been the cause of tension between operators, public administrators and residents to the extent that unnecessarily loud noise, including late-night disturbance, has escalated into a quality-of-life issue for many because of conflicting enforcement powers of public bodies or soft enforcement and undecisive action by public authorities.
Legislation
A combination of overlapping (if not conflictual) enabling and subsidiary legislation is in force together with a number of enforcement public bodies. This is a quick look at the laws (in chronological order).
Criminal Code - Chapter 9 of the Laws of Malta
Even if duly licenced, an establishment must comply with provisions that are intended to punish contraventions against public order. In this case, enforcement lies with the Police. Action, however, frequently occurs following complaints. Prevention is not the order of the day.
Malta Tourism and Travel Services Act - Chapter 409 of the Laws of Malta
The Act regulates the tourism sector. The definition clause gives details of the sector. Licences are issued in terms of the provisions of the Act, and the competent authority is the Malta Tourism Authority. Operators must comply with all licence conditions. These include conditions regarding operating hours, music and entertainment. Non-compliance can result in administrative fines, suspension, and revocation of the licence. As far as music is concerned, licence conditions address particular issues: whether amplified music is permitted, cut-off times for music, restrictions on outdoor seating areas, requirements for soundproofing, regulating and/or prohibition of music after prescribed times.
Trading Licences Act - Chapter 441 of the Laws of Malta
The Act regulates “commercial activity” which is defined as “the exercise of any trading or economic activity including the sale of goods, and the provision of any services as may be prescribed, irrespective of whether such commercial activity is exercised from commercial premises or otherwise but shall not include any commercial activity regulated under any other law”. Tourism in all its forms is regulated by other laws and therefore falls outside the jurisdiction of the Act.
Environment Protection Act - Chapter 549 of the Laws of Malta
This Act provides the overarching legal basis for environmental regulation, including noise. It empowers authorities to publish regulations controlling environmental noise, imposes conditions on operators, and speaks of enforcement action (administrative fines, compliance orders, prosecution). The competent authority is the Environment and Resources Authority. The legislation does not set entertainment decibel thresholds. By virtue of S.L. 549.37, the EU Environmental Noise Directive (2002/49/EC) was transposed. The regulations do not focus on individual hospitality establishments. While important for national noise planning, they are not applied to control music from a specific club or bar.
Development Planning Act - Chapter 552 – Laws of Malta
Planning permits do impose noise-related conditions: installation of sound insulation, acoustic lobbies at entrances, prohibition of open-air entertainment, restrictions on roof terraces, requirement for acoustic reports, limitation of operating hours. Where an establishment operates in breach of its planning permit, the law provides for enforcement notices, fines and even closure orders. Although strictly at face-value planning law could be appropriate, in practice its application tends to be reactive. Enforcement follows complaints or inspections rather than continuous monitoring. The Planning Authority is the competent enforcing authority.
Fragmentation
It is more than evident that in place there are multiple authorities with grey areas and unclear jurisdictional red lines. It is likewise evident that legal framework and enforcement powers are fragmented and weak. The real risk is that uncontrolled and abusive noise coming from entertainment and other places to the detriment of residents could end up falling outside the control of no one authority unless strong clarification exercises are taken in hand.
Day-to-day
It is absolutely not fair that people face distress in their homes and legal uncertainty because no one authority can be approached convincingly and undoubtedly to ensure observance of standards, to act when excessive noise is the rule and to give realistic remedies. Public authorities are there to give clear answers and act quickly. Enforcement should be based on pro-active monitoring not on complaint-based intervention rather than proactive monitoring.
Enforcement
Credible enforcement is the real challenge. The issues that affect enforcement include human resource limitations, monitoring night-time noise by means of competent staff and appropriate equipment, verifiable standards.
Reform
Possible legislative improvements could include establishing clear night-time decibel limits, mandatary acoustic certification for certain categories of venues, real-time monitoring requirements in high-impact zones, and greater transparency in licence conditions. Apart from these matters, fragmentation of enforcement responsibilities should be dismissed as it generates inconsistency and uncertainty. Furthermore motivated, trained, competent and adequately remunerated staff are a must and contribute to the credibility of enforcement bodies.
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