Tourism Law in Europe

5 However, the Court besides quoting article 43(1)(b) of the Malta Travel and Tourism Services Act, which contemplates criminal sanctions for any breach of the licence, also referred to article 41(2) of the Code of Police Laws (Chapter 10 of the Laws of Malta) which stipulates that: “ No person shall (…) (b) upon any other premises, by operating or causing or suffering to be operated any wireless loud speaker, gramophone, amplifier or similar instrument, make or cause or suffer to be made any noise which shall be so loud as to cause a nuisance to occupants or inmates of any premises in the neighbourhood. ”. It is interesting to note that the Court highlighted the fact that albeit one would have a licence to play music, this does not mean that one can operate the said business without having the decency to respect one’s neighbours, nor does it exclude the possibility of being in breach of other crimes. A Malta Tourism Authority licence cannot prejudice the rights of third parties. Hence, the Court quoted that any licence must be subject to the Conditions for Carrying out a Commercial Activity 9 , including that one cannot “ cause annoyance to neighbours ”, nor “ cause annoyance by way of noise ”. Thus, the test adopted is that such loud music needs to be an “ inconvenience ”, a “ molestation in the sense of civil matters, that is above the level that is accepted by the good neighbour ”. Consequently, if the inconvenience is “ grave and not easily tolerated ”, then Criminal Law steps and Subsidiary Legislation Trading Licences Regulations (Subsidiary Legislation 441.07) overrides the Malta Tourism Authority’s licence. The Malta Tourism Authority legislates on how to attain a licence, and the requirements, be it of a travel agent or an accommodation establishment, but then, other factors step in and this could be seen from case law. 3. Host Family Accommodation Regulations (Subsidiary Legislation 409.10) The Host Family Accommodation Regulations add stringent criteria for the applicant, as usually the “tourists” would be minors who would want to learn English as a Foreign 9 Second Schedule, Numbers 2(1) and 2(4), of Subsidiary Legislation 441.07 (Legal Notice 1 of 2006) entitled Trading Licences Regulations, 2006.