Tourism Law in Europe

4 overbooked. Consequently, the night manager, booked these four guests at a five-star hotel. The owner of the hotel did not want to pay for the extra amount that this night manager paid out of his own pocket, stating that the law stipulates that one should provide accommodation of a similar classification. However, the Court of Appeal confirmed that once the night manager could not find alternative accommodation in the peak of summer, he had no alternative but to find as quick as possible accommodation, and consequently, the owner had to pay for the difference in price paid by the night manager. The classification of accommodation and catering establishments is also carried out by the Malta Tourism Authority. Thus, a catering establishment would be required to have a licence from the Malta Tourism Authority, and must also ensure that it is registered with the Food Safety Commission. It is interesting to note that a catering establishment would be required to conform to the standards of both the Malta Tourism Authority and of the Food Safety Commission. The Regulations regarding the quality of food offered to consumers could be found in the Food Safety Act (Chapter 449 of the Laws of Malta and its relative Subsidiary Legislation). Thus, the Malta Tourism Authority would oversee that a catering establishment would have, for example: (a) The display of Menus and Prices outside the catering Establishment; (b) The authority’s permission to play amplified music, and the hours that this music could be played; (c) A fire certificate by the competent authority 7 . Albeit the Authority may licence a catering establishment or a pub to play music even late in the evening, it does not mean that the licence is absolute. The Court of Appeal in Police versus Frank Calleja 8 has explained that the accused, who was the owner of the bar, allowed that loud music to remain playing in the early hours of the morning. The licence issued by the Malta Tourism Authority stipulated that it could remain open until 4:00 am; instead, the Police found it still to be open at 5:20 am. 7 The Civil Protection Department, to date, does not issue any fire certificates. These fire certificates are usually issued by a private company. 8 Court of Criminal Appeal, decided on 21 January 2020, Judge Consuelo Scerri Herrera.