Valletta residents have claimed that a legal notice allowing music to be played outside until 1am is in breach of their fundamental human rights and they have threatened to escalate legal action unless the economy minister withdrew the new law.

The legal notice is turning the capital city into an entertainment hub, with all the problems that this brought about, they said.

Umberto Borg Cardona, Silvana Borg Cardona, Joseph Borg Cardona and Strana Risiott claimed in a judicial protest that the legal notice has been turning a classy World Heritage centre into a nightlife hub, adversely affecting residents, business owners and visitors, including tourists.

The judicial protest was filed against Economy Minister Silvio Schembri, mayor Alfred Zammit and Valletta local council executive secretary Gabriella Agius and the state advocate.

They explained that they live in a block of apartments in St Lucy Street and manage family-owned luxury suites and high-end apartments on the corner of the same street.

“Due to this legal notice they have to endure unbearable noise from bars and commercial establishments in the vicinity practically on a daily basis. The noise includes amplified music, shouting and singing,” they said in their protest.

Legal notice 161 was introduced last year allowing establishments in seven of the most popular streets in Valletta to play music outdoors until 1am. Within days, loud music started pumping across Valletta, with many equating the capital alongside entertainment hotspots like Paceville and Buġibba. 

According to the legal notice, “no music can be heard outdoors after 1am” in Merchants, Old Bakery, Old Theatre, Republic, South, St Lucy and Strait streets.

Although the legal notice states “the volume of such music shall be kept at a moderate level”, no legal limits on the sound levels are outlined.

All seven streets are packed with bars and restaurants as well as boutique hotels, especially Strait Street, which has seen a revival in recent years. The streets are often bustling on weekends and increasingly popular on weekdays, especially in the summer months.

The controversial law caused an uproar among residents, business owners, hoteliers and even developers, who expressed fears the law transformed a UNESCO World Heritage site into yet another rowdy town.

Some boutique hotel owners have even complained of residents checking out because they could not take the level of noise.

The Borg Cardonas said patrons were often drunk and rowdy, something which should have been anticipated when the regulations were changed. They said the economy minister amended the regulations on the opening and closing times of commercial establishments without any consultation whatsoever, clearly biased towards the owners of these establishments and ignored Valletta residents and owners of other businesses.

This was having its toll on their lives and an obvious effect on their physical and mental health, they claimed in their protest.

The judicial protest was filed against (clockwise, from top) Silvio Schembri, Alfred Agius, Chris Soler and Gabriella Agius. Photos: Facebook

They said the unbearable noise was in breach of their fundamental rights to the peaceful enjoyment of their property and to a private and family life. It was increasing their anxiety levels, apart from the sudden depreciation of the value of their properties.

They held that the noise is so loud that it can be heard from inside their properties and exceeds the decibel levels permitted by the World Health Organisation. They quoted European Court of Human Rights caselaw on excessive noise authorised by the state.

Although the Valletta police station was aware of the difficulties this legal notice was creating, it was impossible for them to control rowdiness. The council was rubbing salt into the wound by permitting activities and issuing permits for tables and chairs outside many outlets.

The Borg Cardonas said a quick look through the reviews of hotels, guesthouses and short let holiday apartments  in Valletta shows how visitors are not pleased with the noise and rowdiness when they were under the impression they were booking a stay in a peaceful UNESCO World Heritage Centre.

They called on the minister to immediately withdraw the legal notice and held him and the others responsible liable for damages they are and will continue suffering.

Lawyers Paul Cachia and Umberto Borg Cardona signed the protest.