Fish, mussels and designer boutiques

At the beginning of this year, the government published a new law which governs and organises trading conditions for all types of businesses in Malta and Gozo.

Little has been written about it and probably few people will notice any difference between the new law and the one preceding it. However, a lot of effort was put into making this a watertight system of regulations. They take into consideration the social and economic changes which have taken place in these last years and also the accepted practices of how business is being run in the 21st century, most of all in Europe.

It is tragic, therefore, that few operators actually know that there has been a change, even though various meetings to explain these changes were held.

The most important point is the establishment of an independent body which regulates the issuing of trading licences instead of the police. This is much to the relief of police officers who, on many occasions, could not understand what was really happening simply because this is not their line of work.

At last now one can go to an office where one can openly discuss matters with people who are there to help and who have a certain knowledge of what trading is all about.

For a police officer, a licence is a licence and nothing more. Hopefully, this will change and one hopes to find an office where the officers are professionally-trained people who can understand the requirements of the trader and the details and spirit of the law.

Another important point is that one can now get a trading licence in a few weeks, if not, a few days. This is mainly due to a computerised system which also gives the chance to the trader to apply for a licence by e-mail.

A real breakthrough, in bureaucratic terms, to what we have been accustomed in government departments. At last, e-government is reaping some fruit and well done to the ministry for making such a big leap from an old-fashioned system of queuing and infinite paperwork to a completely modern electronic communication era.

From now on, any trading licence will be classified according to set categories which have been delineated by the ministry and which cover approximately all lines of trading in Malta.

I remember times when one used to have to go to the police and present a list of the items one would be selling.

At times these licences looked more like a Christmas dinner recipe than a trading permit, with all kinds of stuff, ranging from washing machines to soft toys, souvenirs, stationery, cosmetics and much more.

The trader always tried to include anything which s/he might have wished to sell and any other thing which s/he might dream of selling in the future if things took the wrong turn.

All this created one big mess and desperate people at the Department of Statistics who tried to understand how many shops in Malta were selling souvenirs, stationery or anything else.

With the new system, all shops have to be classified, in the sense that one must specify a main line of business and only then can one sell other related items without the need to list them on the licence.

Thus, a retail outlet in Valletta might be predominantly a souvenir shop, but the owner is allowed to sell photographic products, beachwear, watches and books.

A grocer in Zabbar might be predominantly a grocery but is also allowed to sell meat, fish, bread and toiletries. The same thing occurs with butchers, who can now also sell groceries and other related items.

The predominance categorises the main line of business but allows the sale of practically any other product on the premises.

Trading hours are now also being regulated to allow wider and longer opening hours for the benefit of the customer, while also taking into consideration the requirements of the trader and his employees.

So, from now on, all shops in Malta can open for trade from any time in the morning till 7 p.m., with an exception on Saturdays, when time is extended to 8 p.m. and on any one day from Thursday to Saturday, when one can opt to stay open till 10 p.m.

Two exceptions have been made - the Christmas period, during which one can remain open up till 10 p.m. every day, including Sundays and public holidays, and the summer in tourist areas.

Apparently, however, in the latter case, the ministry chose, either due to lobbying or for other reasons, to give this right only to those few selected traders who might be classified under a specific name but who might be selling anything that fits inside their shops.

In fact, shops in tourist areas which can open after 7 p.m. in summer are those selling sweets, wines and spirits, fish, mussels, souvenirs and beach equipment (which incorporates practically everything, books, newspapers, magazines, jewellery and watches).

So what happens to all the other shops?

The law is there for all to see but no action is taken unless someone files a report to the police. So all shops selling fashion items, sports goods, homeware, perfumes, cosmetics, food stuffs (which is not fish), and pharmacies are not considered to be in the grace of God.

And, I ask, why? How do the other shops differ from the others? Do they pay a higher licence fee? What is the difference between a gold ring and a bottle of fragrance? What makes the authorities decide that a particular trader can sell his wares till 10 p.m. and another has to close at 7 p.m.?

Why is it that enforcement takes place only when a report is filed? Does this mean that a crime is not a crime unless someone reports it? If it is so important that only certain categories of shops can open till late, then why are the authorities, and mainly the police, closing an eye to what is happening?

Why are shops which do not fall under the above mentioned categories still being allowed to trade, when they are breaking the law, while others are not allowed simply because someone decided to make a report? Are some 'criminals' more equal than others?

Have the authorities ever considered the fact that if they allow this situation to prevail, there might be dishonest traders who might use the law to enhance their position on the market or hinder others from attaining this position?

Has it ever occurred to the powers that be that in a situation like this, and specifically in Bugibba, there might be people who can report a neighbouring shop because it happens to be attracting more custom?

Do the authorities not realise that this can cause discrimination against honest and hard working traders in favour of others who have no sense of business and who can make use of the law as a negative marketing tool?

Why worry about competition when one can use the law to hinder other competitors' activities?

I cannot but admit and accept that a great effort has been made to make this law as acceptable as much as possible, especially when it comes to classifying the different categories of trading.

This was a long-awaited organisation in a system which had to be established once and for all. However, this new system will create some discomfort with specific categories.

Example 1: A fish shop might be predominantly a fish shop, but it can also be authorised to sell pre-packed foods, like canned tuna, pasta, sugar, teabags, and coffee.

There is nothing wrong with this until the grocery shop next door realises that the fish shop can open late in summer and even on Sunday when it (a grocery) cannot, even though it sells fish and mussels, because it is categorised as a grocery shop. Are fishmongers a privileged class?

Example 2: A souvenir shop might be predominantly a souvenir shop selling all kinds of stuff, made in the remotest part of the planet, with the name 'Malta' printed on it. (I wonder if the manufacturers ever dreamt of understanding what the word might mean, let alone where it actually is).

However, the souvenir shop is also authorised to sell beach towels, stools, scarves, toys, perfumes, cosmetics, clothing and sports goods. Since the shop is predominantly a souvenir shop, it is offered the option of late night shopping every day of the week in summer and even on Sundays. But the perfumery next door or the clothes or sports shop cannot.

Is it because the souvenir man has a special grace from Our Lord or what? No, simply because if a trader decides to open a Turkish bazaar he or she will have the law on his side, while if s/he tries to improve his/her business and specialise in a particular line which is not sweets, liqueur, fish, books or jewellery, then they must suffer the consequences.

So hail the village bazaar and forget your prestige and pretensions, designer boutiques, luxury perfumeries and concept stores. Our tourist only buys sweets, souvenirs, fish, mussels, and jewels. What do you expect, Dr Refalo? This is what we want and this is what we get.

Mr Abela is the managing director of Franks the Perfumery