Life is far from a beach for Birzebbugia concession owner

Not a week after a public outcry led to a clampdown on abuses by beach concessions on Comino, the owner of a licensed Birzebbugia beach concession has filed court proceedings saying he is being crowded out of business by unlicensed operators. 

Noel Mallia of Gzira had applied in July, 2014 for permission to set up deckchairs and umbrellas at Pretty Bay, Birzebbugia and was granted a permit to put up his equipment in the middle of the beach, the following May. 

But obtaining the permit turned out to be the easy part.

Owners of two other concessions, who he claims had been using an expired permit to set up on the beach’s flanks since 1993, had taken to encroaching on Mallia’s area and were making life difficult for his employees, he says. Their staff also “launch themselves on potential customers,” he says.

The police had been called on one occasion when the Maltese staff working for another operator had allegedly attacked and beaten one of his workers who had gone to dig a hole for an umbrella.

Mallia was especially frustrated at what he described as the inaction of the authorities, saying that inspectors from the Lands Department (now Lands Authority) had called at the site but nothing had come of their visit. He compared this with highly publicised enforcement actions, recently taken against illegal scrapyards. “They raided the scrapyard with dogs and all that nonsense and then this guy has been operating illegally here since 1993 and nothing has been done.”

The operator says he had spoken to the Parliamentary Secretary for Planning and Simplification of Administrative Processes, Deborah Schembri, who he claims had confirmed that he was in the right.

A spokesperson explained that Schembri was aware of the issue and had contacted Mallia. “The MTA contacted the complainant around a fortnight ago. It resulted that the operators in question are not licensed by MTA and such issue therefore falls within the remit of the Lands Department. The MTA is informed that Lands Department has made it clear to the mentioned operators that there is only one encroachment at Pretty Bay and the rest have been revoked. So it is illegal for them to place sunbeds and umbrellas in the area.”

The businessman says he had even written to the Prime Minister, after which he had been contacted by OPM customer care to reassure him that the Prime Minister was aware of the issue and that the problem should be solved. But solved it was not, the businessman says, adding that he has now resorted to legal action.

“Seven ministers and MPs have been told about this, but to date, the problem persists. I’m tired of them trying to hoodwink me, bouncing me from pillar to post,” said a rueful Mallia. “None of them helps.”

“Now, I am not going to the beach at all. I am leaving the operation of my business in the hands of my friends, because it hurts me too much to see the bay packed with people, while I, who have a permit, am only earning around €120 per day.”

The other concessions should be removed as they are not covered by valid permits, he said, “so much so that in June they applied for permits again. After that, one of the owners had told me ‘I have applied for a permit, so now you can’t kick me out’.”

Replying to questions sent by MaltaToday, an OPM spokesperson said on August 12 that “the other encroachments have been revoked and respective individuals have been informed that such encroachments have been terminated. If operators persist in operating from the said bay, they are doing so illegally and are liable to police action.”

Asked how, if the government is failing to deal with the small fry, the public are supposed to have confidence that it will stand firm against big offenders, it made reference to several actions against large-scale illegalities in the last months. “La Sfoglia restaurant’s tent was removed through direct action by the Lands Department. The squatter at Vendome Tower, Marsaxlokk, which was being used for catering purposes, has been evicted. Direct action has been also taken with regard to a cellar in Merchants Street, Valletta in connection with St John’s Co-Cathedral Project. In line with the government’s push against illegalities, the Lands Department has also evicted quite a number of squatters who were illegally occupying certain premises.

“This push for enforcement can also be seen when it comes to enforcement by the Planning Authority irrespective of how big or small the entity committing the illegality is. After years of resistance, the Planning Authority cleaned up more than 50 scrapyards, many of them were on ODZ land. Illegal stables, which along the years were illegally transformed into residences, were also hit by Planning Authority enforcement. Not to mention also the action taken on the illegal structures at Montekristo.”

A spokesperson for the Ministry for Tourism told the MaltaToday: “The MTA contacted the complainant... It resulted that the operators in question are not licensed by the MTA and such issue therefore falls under the remit of the Lands Department. MTA is informed that Lands Department has made it clear to the mentioned operators that there is only one encroachment at Pretty Bay and the rest have been revoked. So it is illegal for them to place sunbeds and umbrellas in the area.”