An illegal kiosk in a Marsascala public car park is being fined €10 daily, with the Planning Authority considering further action.

Marsascala residents first flagged the Fajtata Kiosk illegalities last year. The kiosk was eventually removed, only to reappear this year, triggering a further enforcement notice.

According to an enforcement notice published last summer, the kiosk, off St Thomas Bay, was set up permanently in a public parking area and a wooden platform was built around it, with tables and chairs set up on the pavement. This resulted in changing the use of public land into a place for commercial activity.

The kiosk was removed by the end of 2022 after Times of Malta brought the issue to light but it reappeared weeks later.

The kiosk was fully operational on June 12, serving customers as the tourism minister hoisted Fajtata’s Beach of Quality flag just metres away.

On Sunday it was serving customers on tables and chairs set up outside it on the pavement.

A PA spokesperson told Times of Malta last week another enforcement notice, including a daily fine, was issued on March 17 against Fajtata Kiosk for a number of illegalities.  The regulator, he said, was assessing what further action to take.

The infringement in this most recent enforcement notice is similar to that of last year’s: changing the use of public land to a commercial one due to the placing of a kiosk without a permit in a public parking area, the placement of a wooden platform around the kiosk and tables and chairs on a pavement.

Times of Malta is informed the kiosk was not fined anything for the first 16 days from the issuing of the enforcement notice. It was then fined €4 every day for the next 34 days and is now being fined €10. The fine will go up to a daily €20 after 180 days from the notice and €25 after a year. A capping has been set at €50,000.

The kiosk is one of several eateries the Marsascala Residents Networks insists are encroaching on public space in the locality.

The residents claim that businesses are taking pavements away from pedestrians, often illegally, making them difficult to navigate, especially for those with pushchairs or mobility issues.

Taninu restaurant was last year served an enforcement notice for breaching planning laws. It is still serving clients on tables and chairs set up on the pavement. Photo: Times of Malta

Taninu restaurant also under spotlight

The PA spokesperson also told Times of Malta that the compliance and enforcement directorate was investigating the case of Taninu restaurant, a Marsascala eatery that was last year served an enforcement notice for breaching planning laws.

Taninu Bistro was found to have breached permit conditions by setting up a structure on the public pavement. The eatery had also changed the use of public land in front of it by placing tables and chairs there.

According to an enforcement notice issued last year, the operators of the former gaming hall did not submit the required documentation to start operating as a restaurant.