TOURISM AND ACCOMODATION LICENCES IN MALTA

The Applicant needs to submit the following documents to the Department of Environmental Health (or Business First) for the approval of a food business premises:

- tourism Compliance Certificate (For Catering Establishments)
- declaration stating clearly applicant’s proposal
- sketch plan of food business premises including proposed work flow and sectioning of premises
- copy of applicant’s identity card & contact telephone numbers.

The Department of Environmental Health will carry out on site visits.
The first and final inspections are free of charge, while a fee of €25.60 is applicable for any extra visits carried out in between.
Business First can facilitate the process of communication for clients starting up a food related business.
The Approval of Food Business Premises can now be issued and the applicant is contacted to pick up the document from the Health Certification and Consultation Unit (HCCU) within the Department of Environmental Health. The client will be asked to fill in the application for the Registration of Food Premises as required by the law.

Unlike than a tourist guide, a tour operator is a person, other than the owner, who is entitled to operate in a tourism establishment in his own right under a title derived directly or indirectly from the owner.
An application can be filed online by following the link.

Applicable Law
Chapter 409- Travel and Tourism Services Act

Documents needed with application:

- Identity card
- An official employment history from a Government Body (Jobsplus) and/or academic qualifications
- Police conduct
- Copy of license (all Licenses up to date)
- Company Resolution if applicable - Company registration and representation
- Copy of full Memo of articles of association and company resolution (if applicable).

"Tourism accommodation establishments" means hotels, tourist villages, guesthouses, hostels, and any other tourism accommodation establishment as the Authority may from time to time determine.
An application can be filed online by following the link.

Applicable Laws

- Chapter 409- Travel and Tourism Services Act
- Subsidiary Legislation 409.04- Tourism accommodation establishments regulations

Documents needed with application

To be provided to the Product Development Department 
- Copy of Identity Card (Both Sides)
- VAT Number
- Site Plan
- Photos of Site Plan
- Layout Plan of premises certified by an Architect
- Proof of Ownership of property/ If applicable Contract of Lease or Lands Department
- Police Conduct (If person applying has not resided in Malta for the last 5 years, the Police conduct from the country of origin is requested)
- Tourism Compliance Statement
- Project Developer or Operator Profile
- Marketing and Operations

To be provided to the Licensing Department (MTA) following the issuance of the Tourism Policy Compliance Certificate:
- Compliance Certificate
- PA Permit including endorsed/ approved plans
- Copy of full Memo and Articles of Association (if applicable)
- Company Resolution (if applicable)
- VAT Number of Individual/ Company (responsible to submit ECO Contribution)
- Grease Trap (Water Services Corporation)
- Health Dept. (F.S.U) Clearance
- Architect’s Declaration if property’s pre 1967 (if applicable) stating:

1. Property was built per – MEPA and that no MEPA documents could be traced or no applications or other permits exist with P.A/ MEPA
2. Property is built as per sanitary Regulations
3. Confirming that all building and sanitary regulations are observed with no infringements notes
4. Property is fit for habitation and sound structure

- A 3rd Party liability insurance for €250,000.

No person shall hold a public show, exhibition, small games, a fair, a tombola or any other public entertainment or similar activity in any street, on any special or specific day or days without a permit from the Local Council.
Applications must be submitted by not later than one month before the day or the first day, as the case may be, or within any other time as established by the Local Council.

Where a Local Council receives an application under the regulation the Local Council shall, not later than two working days from the receipt of an application for any such permit, and in any case not later than two weeks before the event is due to be held, forward a copy of such application to the Commissioner of Police.
The Local Council shall on issuing the permit attach the condition to this permit as notified to the Local Council by the Commissioner of Police, provided that the Commissioner of Police may, for reasons of public order, public safety or public morality, stop or suspend any permit issued under this regulation.
No permit shall be issued for those activities which according to the Act require only a permit from the Commissioner of Police.

An application shall be accompanied by:

- a description of the activity to be organised;
- the day or days for which the permit is being requested;
- a site-plan indicating the area where the activity is to take place as mentioned in subregulation;
- a copy of all permits required under any law;
- in the case of street lighting decorations, applicant must submit a certificate from a licensed electrician that the apparatus to be used is in a good state of repair and free from any danger;
- the Local Council shall have the right to order the removal of mobile generators if it results that the apparatus is causing any inconvenience to third parties due to excessive noise or fumes;
- an applicant shall be held responsible for any damages sustained by third parties by the use of any generator.

Applications need to be done directly at the respective local council.

For a comprehensive list of local councils please refer here http://www.lc.gov.mt

The use of government-owned public spaces (including pavements) is regulated by the Government Lands Act and therefore requires a permit from the Lands Authority.

To make use of government-owned public spaces, the applicant needs to submit a GLA12 form.
The form can be downloaded from here and has to be filled in by a Perit and sent with the required documents on the indicated email.
Further to an evaluation process, the application will be forwarded to a designated Committee for its approval.
In case of approval, the applicant will receive a Consent letter together with an attached site plan (showing the area approved by the Committee for tables & chairs).
If/when this is forthcoming, the Perit will submit a Development Planning Application with the Planning Authority, requesting permission to use the land for the placing of tables and chairs.
A copy of the Lands Authority’s Consent letter needs to be submitted to the Planning Authority with the application.
The Planning Authority assesses the application in terms of approved planning policy which ensures, amongst others, that pedestrian movement on the pavement is not hindered.
When an application is approved, the permit will be issued subject to a number of Standard Conditions for Tables & Chairs Permits plus any ad hoc conditions that may be required.
The permit does not exonerate the grantee from obtaining other permits required at law.
At this stage, the applicant just needs to inform the Lands Authority, providing a full copy of the Planning Authority permit.
The Lands Authority will then proceed with issuing an Encroachment Permit which the applicant will obtain upon payment.
A copy of the permit shall be forwarded to MTA.
Should any of these entities require the Encroachment Permit to be withdrawn, the Lands Authority shall withdraw the permit.

 Outdoor Catering Area Policy

Policy, guidance and standards for outdoor catering areas on public open space was published on 01/06/2016.
Amongst other policies, applications for tables and chairs need to be in conformity with the OCA (Outdoor Catering Area) Policy.
The policy document can be accessed through from here.

The Planning Authority (PA) established under the mandate of the Development Planning Act of 2016 is the national agency responsible for land use planning in Malta.

When do you need a PA permit?

Development permits from the PA relate to the type of operation that any business is engaged in.
These can vary from “change of use” for existing premises to completely fresh permits for new sites.
These permits take into account various factors ranging from parking facilities to environmental issues.

In the process of setting up your new business activity you will require a PA permit if you are:

- changing the function of the building the business will operate from
- carrying out any structural changes to the premises including the façade
- changing the use of the premises (e.g. from a residence to an office or from a garage to a warehouse)
- building new premises such as new offices, a warehouse or a factory 

Where can I find advice or apply for such permits?

Development permits require an architect to submit your application.
This can be done online through PA’s e-Application platform.

It is strongly recommended that you contact your architect for further guidance prior to contacting the PA.

For a list of architects registered with the Kamra tal-Periti kindly click here.