Police vs Chatlani — Nightclub Noise Licence Suspension Overturned

Appeal court quashes one-month licence suspension, ruling lex specialis under Trade Licences Act bars use of Criminal Code Art. 30 for a first offence.

Court of Criminal Appeal · The Honourable Judge Dr. Edwina Grima LL.D. · 24 April 2026

Eric Chatlani, the registered operator of Qube Bar in St Julian's, was cited by police after officers heard amplified music emanating from the establishment at around 3:20 a.m. on 2 February 2025 — well outside the permitted hours of 11 p.m. to 9 a.m. A police officer had already warned Chatlani earlier that same evening to prevent music from being audible outside the venue. The incident gave rise to a charge under the Trade Licences Act, Chapter 441 of the Laws of Malta, and its subsidiary legislation. The Magistrates' Court found Chatlani guilty on 22 July 2025, fining him €500 and ordering the suspension of the Qube Bar licence (Malta Tourism Authority reference P/J/22/79) for one month under Article 30 of the Criminal Code. Chatlani appealed, challenging both the conviction and, in the alternative, the suspension of the licence. On appeal, the Court of Criminal Appeal rejected Chatlani's first ground — that the citation wrongly named the street as Triq San Ġorġ rather than the correct It-Taraġ ta' Santa Rita. The appellate judge held that the citation's reference to 'Qube Bar' was sufficiently specific, since no evidence was produced of any other bar by that name in St Julian's, and the purpose of the citation — to enable the accused to prepare his defence — was fully achieved. However, the court upheld the second and third grounds of appeal. It found that, since the prosecution had elected to proceed exclusively under the Trade Licences Act (Chapter 441), the Magistrates' Court could not simultaneously apply Article 30 of the Criminal Code to suspend the licence. Article 20 of Chapter 441 — the lex specialis — only permits licence suspension where a business is operating without a licence, or upon a second or subsequent offence. Since Qube Bar held a valid licence and no prior conviction for an identical offence was proven, the conditions for suspension under Article 20 were not met. The one-month licence suspension was therefore revoked, while the €500 fine was confirmed.

Appeal partially upheld. Conviction of Eric Chatlani under the Trade Licences Act (Chapter 441) and fine of €500 confirmed. Order suspending the licence of Qube Bar (P/J/22/79) for one month revoked in its entirety.

• The principle lex specialis derogat lex generalis applies in Maltese criminal law: where a specific statute governs a matter, its provisions prevail over the general Criminal Code, and a court cannot apply both simultaneously to the same offence.
• Article 30 of the Criminal Code itself acknowledges its subsidiary nature — it expressly applies 'without prejudice to the provisions of any other law' authorising suspension or cancellation of a licence, meaning the specific law takes precedence.
• Under Article 20 of the Trade Licences Act (Chapter 441), a court may only order licence suspension for a first offence if the business is operating without a licence; if a valid licence exists, suspension is only available upon a second or subsequent offence.
• A minor error in the street address on a citation does not automatically invalidate proceedings in Maltese law, provided the citation otherwise identifies the accused, the establishment and the offence with sufficient clarity for the defendant to prepare a defence.
• Prosecutors in Malta must carefully choose which legislative framework to charge under, as that choice determines which sanctions are available to the court; charging under a specific Act may restrict the court from applying broader Criminal Code penalties.

Trade Licences Act Chapter 441, Arts. 18 & 20; Trade Licences Regulations LS 441.07, Second Schedule Reg. 9 & Reg. 15(2); Criminal Code Chapter 9, Art. 30

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