Ice cream vendor wins right to stay

An ice cream seller yesterday won the right to stay put in St George’s Bay after a judge ruled he was not breaking the law even if the Land Department tried to get him to move.

Carmelo Tanti, who parks his Tanti Jr Paradise Kiosk near the beach very early every morning, was told last Tuesday he had 24 hours to move the booth or face removal the next day.

However, Mr Tanti’s legal counsel, lawyer David Camilleri, told the court his client was not breaking the law. He held that the department’s actions were illegal because the eviction notice only gave it the legal power to evict people who did not have a title to the land or who were illegally encroaching.

Dr Camilleri said Mr Tanti was not occupying land and, in fact, removed the kiosk late at night and returned very early in the morning.

Mr Justice Tonio Mallia decreed that Legal Notice 1 of 2006 authorised a street hawker to carry out activities from a fixed point.