Residents at The Strand, in Sliema, are calling for immediate enforcement action at a restaurant that has been operating without a permit for at least nine years and has eaten into their quality of life.

The “obscene” lack of action against Gourmet Cocktail Bar and Grill, a “completely illegal development”, has been highlighted by lawyer Claire Bonello, speaking on behalf of the residents and owners of a neighbouring block of flats.

Nine years is a very long time for this case to make it to the top of the PA’s to-do list- Lawyer Claire Bonello

The structure is built on the road in what was supposed to be an un/loading bay. It emits loud noise into the early hours of the morning, its rowdy patrons spill onto the pavement and food smells waft up into residences.

It’s a residential area turned “jungle”, causing them “great inconvenience and distress”, Bonello said.

Residents’ lives were being “severely affected by the constant din and nuisance”.

No application had ever been filed and the Planning Authority’s MapServer showed no permit covering the site of the Gourmet Cocktail Bar and Grill, which was just a rectangle in the road, she pointed out.

The lack of permits and enforcement led to “suspicions of active collusion between the authorities and the contravener”, Bonello added.

The Gourmet Cocktail Bar & Grill takes up precious parking spots. Photo: Matthew Mirabelli

Enforcement order issued in 2013 but suspended

“Nine years is a very long time for this case to make it to the top of the PA’s to-do list.”

The lawyer, specialised in planning issues, explained that, in the case of an illegal situation, an enforcement order was issued. But if the contravener filed an application to sanction, the enforcement would be suspended and the operation continues.

“Even if the sanctioning application is not approved by the Environment Planning and Review Tribunal, the contravener could appeal in court – a process that takes years...”

This was the case at The Strand, where an application, PA6706/22, was filed to sanction the canopy and placement of tables and chairs in the outdoor catering area, resulting in the suspension of enforcement.

The enforcement order was issued in 2013 but it was suspended and no further action was taken because it was followed by the filing of PA1733/15 for the demolition of an existing hotel, the construction of semi-basement garages, shops, 16 apartments on eight levels and two penthouses. That application is still pending.

'Applications cannot be left pending forever'

The application did not include the sanctioning of the outside catering establishment and, therefore, should not have halted the enforcement, Bonello said.

“Plus, applications cannot be left pending forever and it should have been dismissed.”

The capped daily fines “hardly constitute a deterrent”, Bonello insisted as the establishment made “the road and pavement its own property”.

Residents have expressed shock at how the Lands Authority has allowed this to happen.

“Some of my clients are elderly; some are ill. They report to the police, under whose remit noise levels fall, but it is useless and they are ignored,” Bonello said.

“When the police reluctantly charge the contravener, they find it impossible to notify him,” she continued, adding that the residents were wasting time, energy and money going to court, where they have been “treated with disdain”.

In August, the residents requested an investigation by the commissioner for the environment and planning into the “inaction and complicity” of the PA and the Malta Tourism Authority for allowing illegalities at the bar and grill.

They questioned why the planning application had been “conveniently left in a state of suspended animation” all these years and did not bother to take effective enforcement action against the contravener.

But the investigation was put on hold due to another application to sanction the illegalities.