Residents and activists on Thursday occupied tables and chairs outside a restaurant in the main Mellieħa Square, protesting "illegal landgrab by db’s catering establishments".

Carrying banners reading "governments are caretakers and not negotiators", "stop destroying our town", "give us back the square" and "keep public spaces public" among others, they sat outside the outlet in Misraħ iż-Żjara tal-Papa for some two hours.

The residents and activists claim that despite not having any permit to set out tables and chairs, the Spanish restaurant Espiral near the Mellieħa parish church, has been doing so since opening its doors in August 2023. 

db Group however claim the restaurant had tables and chairs clearance from the Lands department last summer.

The property also had some irregularities with their roof services that needed to be addressed. Applicant db Group CEO Robert Debono had filed a minor amendment request seeking approval of the roof services but did not include any attempt to sanction or regularise the uptake of public land through the placing of tables and chairs outside the establishment.

On Tuesday, the Office of the Ombudsman said its recommendation that the PA issue a stop and enforcement notice against the outlet had been ignored. 

The Ombudsman added that on the same day its office issued a recommendation, db Group’s pending application changed to a sanctioning application for the tables and chairs. 

The sanctioning application is set to be decided on Friday and is recommended for approval.

On Thursday, members of Moviment Graffitti, Flimkien għal Ambjent Aħjar, Residenti Melliħin, Għaqda Residenti Slimiżi, Residenti Beltin, Marsaskala Residents Network and Residenti San Pawl il-Baħar turned up at the square for a symbolic protest.

They said they wanted to send a strong message against the take-up of public spaces by tables and chairs choking streets, pavements and squares and against the rampant abuse facilitated by the "useless authorities".

They insisted the square belonged to the people and it was therefore well within their right to take it back.

"The dire situation brought about by encroachment on public spaces, and all the abuse this entails, is being facilitated by the authorities including the PA, the Lands Authority and the Malta Tourism Authority," they said, adding that these three entities were "servile to private interests and actively work against the interests of the people".

In the case of  Mellieħa, they slammed the authorities, reiterating that the outdoor catering area was "totally illegal".

"Instead of taking action, the PA let the db Group have its way and do as it pleases... Not only will it not take action, but it will also help them avoid such action. 

"The deafening silence of the authorities and the government is unacceptable."

'An attempt to influence Friday's decision' - db

Reacting to the symbolic protest, a spokesperson for db said that singling out the group's restaurant was "simply an attempt to influence Friday's planning decision.

The restaurant, they said, was "one of several" serving patrons in the Mellieħa square.

"When it opened last summer, the restaurant already had tables and chairs clearance from the Lands department.

"db Group’s planning application to extend the tables and chairs area is scheduled to be decided Friday and is recommended for approval.

"db Group is not receiving or expecting any special treatment. It must be noted that like all the other restaurants in the area, it has an agreement to clear the tables and chairs during religious festivities," the spokesperson added.

The residents' and activists' demands:

1. db Group's application PA/06161/23 for the sanctioning of structures is rejected on Friday

2. Applicant should be forced to remove all structures placed in the square, return the square to the public, and pay heavy fines covering the past eight months

3. Immediate action by the PA, Lands and the MTA to enforce, strengthen and improve current laws regulating outdoor catering areas in public spaces to reduce abuse and ensure unobstructed, safe and public access

Protests across Malta and Gozo 

Thursday's protest is the latest in a series of demonstrations against the setting up of catering furniture on public roads. 

Stickers reading 'pavements for citizens' or 'no pavement, no vote' have appeared in Valletta, Sliema, Mellieħa, Marsascala and Buġibba over the last few days.

The action follows a demonstration in Valletta on Saturday when residents took to the streets to protest having to grapple with encroachment in the capital city. 

The situation has been played out all the way to Gozo, where the archpriest of Victoria slammed a land grab by restaurants outside the square in front of St George's Basilica. 

Last year the Ombudsman even took to Parliament to demand proper rules and procedures for outdoor catering areas that take up public land, handing the House a set of recommendations for better enforcement.

But a year later, those plans and recommendations have remained shelved, with the Ombudsman last month slamming the authorities for delaying tackling the issue. 

Meanwhile, in 2023, the Marsascala local council asked the Lands Authority to demarcate areas where restaurants and cafes can take out their tables and chairs. It also urged the authorities to act on illegalities.

The locality's residents claim businesses are taking pavements away from pedestrians, often illegally, making it difficult to navigate sidewalks, especially for those with pushchairs or mobility issues.

They fear Marsascala will suffer the same fate as other localities such as Sliema and Marsaxlokk, which have lost stretches of public promenade to businesses.

In Sliema and St Julian's alone, some 58 encroachment concessions have been handed out since 2020.

The situation is so frustrating for residents there, that a Sliema local took the unusual step of applying for permission to take up public land herself.