            HO TELS AND CATERING ESTABLISHMENTS       [ CAP. 197 .        1
CHAPTER 197
HOTELS AND CATERING ESTABLISHMENTS ACT
To regulate hotels and catering establishments and to provide for matters connected with or
incidental to the aforesaid purpose.
14th February, 1970;
1st January, 1973;
1st January, 1974
ACT XII of 1967 as amended by Acts XXVII of 1969, VI of 1971, XL of 1973, XXXVI of
1977, VII of 1980, XIII of 1983, 1 of 1986, and IV of 1989. 
ARRANGEMENT OF ACT
Articles 
Short title. 1 
Part I. Interpretation 2
Part II.  Hotels and Catering Establishments  3-16 
Part III.  Miscellaneous  17-19 
  2        CAP. 197. ]           HO TELS AND CATERING ESTABLISHMENTS
Short title. 
Amended by: 
XXVII. 1969.2;
VI. 1971.2.
1. Te short title of this Act is the Hotels and Catering
Establishments Act.
PART I
I N T E R P R E T A T I O N
Interpretation. 
Amended by: 
XXXVI. 1977.8; 
I. 1986.2.
2. In this Act, unless the context otherwise requires -
"accommodation" includes the provision of suitable furniture,
furnishings and equipment for the purpose thereof;
"appeal" means an appeal under article 13; 
"Board" means the Hotels and Catering Establishments Board
constituted in accordance with the provisions of article 3;
"catering establishment" means any establishment, building or
premises, howsoever described, purveying for reward food and
refreshments for consumption in such establishment, building or
premises;
"catering establishment keeper" means any person to whom a
licence to keep or manage a catering establishment has been issued
in accordance with the provisions of article 4 and includes any
person to whom a licence has been lawfully transferred in
accordance with the provisions of section 6 of this Act;
"classify" includes "reclassify" and "classification" shall be
construed accordingly;
"company" includes any association of persons, whether
corporate or unincorporate, whether vested with legal personality
or not;
"guest" means a person who stays at a hotel or at a hostel and has
sleeping accommodation placed at his disposal;
"hostel" means any building however described, but not a hotel,
guest house or lodging house, in which accommodation is provided
to a guest against payment, and in which the facilities offered are
less than those usually expected in hotels or guest houses;
"hotel" means any building, howsoever described, containing not
less than ten bedrooms, in which accommodation is provided for
the public by a common management and includes any number of
buildings, howsoever described, which are grouped together,
contain in the aggregate not less than ten bedrooms for the
accommodation of the public, have in common ancillary hotel
services and amenities and are operated by a common management;
"hostel keeper" means any person to whom a licence to keep or
manage a hostel has been issued in accordance with the provisions
of article 4 and includes any person to whom a licence has been
lawfully transferred in accordance with the provisions of article 6;
"hotel-keeper" means any person to whom a licence to keep or
manage a hotel has been issued in accordance with the provisions
of article 4 and includes any person to whom a licence has been
            HO TELS AND CATERING ESTABLISHMENTS       [ CAP. 197 .        3
lawfully transferred in accordance with the provisions of section 6
of this Act;
"licence" means a licence granted or transferred in accordance
with the provisions of this Act;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"Minister" means the Minister responsible for tourism;
"prescribed" means prescribed by regulations made under this
Act.
PART II
HOTELS AND CATERING ESTABLISHMENTS
Hotels and 
Catering 
Establishments 
Board. 
Amended by: 
XXVII.1969.3; 
XL.1973.2; 
XXXVI. 1977.8.
3. (1) There shall be established a Board to be styled the
Hotels and Catering Establishments Board constituted in
accordance with the provisions of subarticle (2) and it shall
exercise the functions and perform the duties assigned to it by this
Act or by any regulations made thereunder in accordance with the
provisions of article 16.
(2) The Board shall consist of -
( a ) a chairman who shall be appointed by the Prime
Minister;
( b ) a vice-chairman, who shall be appointed by the Prime
Minister, and who shall, during the absence of the
chairman, act as chairman of the Board;
( c ) a person appointed by the Prime Minister after
consultation with such body or bodies as may be in
existence from time to time and which in the opinion
of the Prime Minister are representative of hoteliers in
Malta;
( d ) a person appointed by the Prime Minister after
consultation with such body or bodies, as may be in
existence from time to time and which in the opinion
of the Prime Minister are representatives of owners of
catering establishments in Malta; and
( e ) such other persons not being more than five in number
as the Prime Minister may appoint from time to time. 
(3) The term for which any member of the Board is to hold
office and the conditions subject to which he is to hold office shall
be such as may be determined by the Prime Minister at the time of
his appointment; but all members of the Board shall hold office
during the pleasure of the Prime Minister.
(4) Any member of the Board may at any time resign his
membership upon giving notice thereof in writing to the chairman.
(5) Every question coming or arising before the Board shall be
  4        CAP. 197. ]           HO TELS AND CATERING ESTABLISHMENTS
decided by the votes of a majority of those present and voting
thereon, provided that the Board will have been convened as
prescribed.
(6) In the case of an equality of votes the chairman shall have a
second or casting vote.
(7) The Board may regulate its own procedure and may act
notwithstanding any vacancy among its members:
   Provided that the Board may not act if there are not present at
least two members, besides the chairman or the vice-chairman. 
(8) A member of the Board who is in any way directly or
indirectly interested in any matter before the Board shall, as soon
as possible after the relevant circumstances shall have come to his
knowledge, disclose the nature of his interest at a meeting of the
Board.
(9) Any disclosure made under the last preceding subsection
shall be recorded in the minutes of the Board and the member -
( a ) shall not take part after the disclosure in any
deliberation or decision of the Board with respect to
such matter; and
( b ) shall be disregarded for the purpose of constituting a
quorum of the Board for any such deliberation or
decision.
(10) The Minister shall appoint a secretary to the Board.
(11) During the absence of the secretary, the Minister shall
appoint an Acting Secretary.
Licence. 
Amended by:
XL. 1973.3; 
VII.1980.2; 
XIII.1983.5; 
I.1986.3.
4. (1) No person shall keep or manage a hotel, hostel or
catering establishment unless he shall have previously obtained and
is in possession of a licence from the Board specifying, by
reference to its name and to the premises where it is established and
operated, the hotel, hostel or catering establishment in respect of
which the licence is granted.
(1A)  A licence to keep a hostel may be granted by the Board to
any person in respect of any building where the standard of comfort
and accommodation provided for the guests is lower than that
normally provided for guests in hotels or guest houses and where - 
(i) the facilities provided are mainly intended for
youths, students or other special category of
persons travelling on a low budget, and
(ii) the accommodation provided may be in
dormitories or in similar multi-bedded rooms.
(2) Every such licence shall be in the prescribed form and shall
expire on the thirty-first day of December next following the date
of issue. It shall be, thereafter, renewable from year to year.
(3) The Chairman of the Board may, in respect of any hotel,
hostel or catering establishment, grant a temporary licence for the
purpose of subarticle (1) for a period not exceeding ninety days, but
he may, if the Board deems fit, and subject to the approval of the
            HO TELS AND CATERING ESTABLISHMENTS       [ CAP. 197 .        5
Minister, extend such period by a further period of ninety days:
  Provided that the granting of a temporary licence shall not in
any way be construed as an indication that it has taken place in
circumstances which would justify the granting of a licence under
the provisions of the next following section.
(4) Any person who keeps or manages a hotel, hostel or
catering establishment without a licence or not in accordance with
the licence shall be guilty of an offence and shall on conviction be
liable to a fine ( multa ) of not less than fifty liri and not more than
two hundred liri.
Conditions under 
which licences are 
to be granted.  
Amended by: 
I. 1986.4.
5. (1) No licence shall be granted by the Board under this Act
unless the person applying therefor satisfies the Board that - 
( a ) he is of good character and is a fit and proper person to
keep or manage a hotel, hostel or catering
establishment, as the case may be, and
( b ) the premises in respect of which application is made
are structurally and hygienically adapted for use as a
hotel, hostel or catering establishment, as the case may
be.
(2) No hotel, hostel or catering establishment shall be licensed
under a name which in the opinion of the Board is undesirable,
unsuitable or misleading.
Transfer of 
licences. 
Amended by: 
XL. 1973.4; 
I.1986.5.
6. (1) A licence to keep or manage a hotel, a hostel or a
catering establishment may, with the consent in writing of the
Board previously obtained, be transferred to the name of any
person who in the opinion of the Board fulfils the requirements of
subarticle (1)( a ) of the last preceding article.
(2) Any transfer of a licence made in accordance with the
provisions of subarticle (1) shall not constitute a reclassification of
the hotel, hostel or catering establishment.
Cancellation of 
licences. 
Amended by: 
XXVII.1969.4; 
I.1986.6.
7. (1) Where it appears to the Board, after such inquiry as it
may deem fit, that a hotel, hostel or a catering establishment is
being kept in an unclean or insanitary condition or is being
conducted in an unsatisfactory manner, the Board may, by order in
writing, require the hotel-keeper, the hostel keeper or the catering
establishment keeper, as the case may be, to remedy the defect
within such period, which except in urgent cases involving injury
to health shall not be less than one month, as may be specified in
the order.
(2) Where an appeal has been made against the order of the
Board, such order shall have no effect if it is revoked by the
Minister but, if the order is confirmed or varied by the Minister, the
period to remedy the defect in accordance with the Board’s order or
the Minister’s decision, as the case may be, shall expire on such
date as the Minister shall specify.
(3) If the hotel-keeper, hostel keeper or catering establishment
keeper, as the case may be, fails to remedy the defect as ordered by
the Board or as decided by the Minister within the specified period,
  6        CAP. 197. ]           HO TELS AND CATERING ESTABLISHMENTS
the Board may cancel the licence in respect of the hotel, hostel or
catering establishment in regard to which the Board’s order was
made.
(4) Where a person to whom a licence has been granted or
transferred in accordance with the provisions of this Act is
convicted of a crime which, in the opinion of the Board, is of such
nature as to render the person so convicted no longer a fit and
proper person to hold such licence, the Board may cancel the
licence issued to that person.
(5) The cancellation of a licence under subarticle (3) or (4)
shall take effect on the expiration of ten days from the date on
which the notice of such cancellation has been communicated to the
hotel-keeper, hostel keeper or catering establishment keeper, as the
case may be:
  Provided that, where an appeal has been made against such
cancellation, it shall not take effect unless the Minister confirms it,
and if he confirms the cancellation it shall take effect on the
expiration of ten days from the date on which the Minister’s
confirmation has been communicated to the appellant.
Granting of licence 
to person named by 
company or by 
another person. 
Amended by: 
XIII. 1983.5; 
I.1986.7.
8. (1) No company shall operate a hotel, hostel or catering
establishment unless such hotel, hostel or catering establishment is
managed by a hotel-keeper, hostel keeper or catering establishment
keeper, as the case may be.
(2) Where a hotel, a hostel or catering establishment is
operated by a company, or by an individual who does not intend to
apply for the granting of a licence in his own name, the Board shall,
subject to the provisions of article 5, grant a licence in respect of
such hotel, hostel or catering establishment, as the case may be, to
the person named by the company or by such individual.
(3) Notwithstanding the provisions of article 4(2), the Board
shall cancel a licence granted under the last preceding subsection
immediately the Board is informed by notice in writing by the
company or individual who made the nomination for the purpose of
that licence that such nomination has been withdrawn, or by the
person to whom the licence was granted that he does no longer
intend to act as a hotel-keeper, a hostel keeper or a catering
establishment keeper, as the case may be, of the hotel, hostel or
catering establishment in respect of which the licence was granted.
(4) Any notice given for the purpose of the last preceding
subsection shall not affect, between the interested parties, any
claim for damages or any other claim ensuing from their reciprocal
contractual rights and obligations.
(5) Where a company infringes the provision of subarticle (1),
every person who, at the time of such infringement, was a director,
manager, secretary or other similar officer of such company or was
purporting to act in any such capacity shall be guilty of an offence
unless he proves that the infringement took place without his
knowledge and that he exercised all due diligence to prevent it, and
shall be liable on conviction to a fine ( multa ) of not less than ten
liri and not more than one hundred liri.
            HO TELS AND CATERING ESTABLISHMENTS       [ CAP. 197 .        7
Classification of 
hotels and catering 
establishments. 
Amended by: 
XL.1973.5; 
VII.1980.3; 
XIII.1983.5; 
I.1986.8.
9. (1) The Board shall classify hotels, hostels and catering
establishments in such manner as in its opinion will best conform
with regulations made for that purpose under article 16(1)( a ):
  Provided that the Board shall not be obliged to reclassify a
hotel, hostel or catering establishment before the lapse of one year
from its last classification.
(2) As soon as may be after the Board has classified a hotel,
hostel or a catering establishment, the relative keeper shall be
notified accordingly.
(3) Where, in accordance with the provisions of article 13, an
appeal is entered against a classification made by the Board under
subsection (1) of this section, such classification shall not become
effective until the Minister has given his decision thereon.
(4) Any classification decided upon by the Minister or made by
the Board but against which no appeal is entered shall become
effective and shall be published in the Government Gazette as soon
as may be.
(5) Any person, who in writing, advertises or otherwise
represents an establishment as a hotel, hostel or catering
establishment when such establishment is not licensed by the Board
or if licensed, so advertises or represents an establishment as
belonging to a higher category than that to which it actually
belongs according to its classification, or as offering particular
amenities or services, which it does not in fact provide, at the time
of such advertisement or representation, shall be guilty of an
offence and shall be liable on conviction to a fine ( multa ) of not
less than two hundred liri and not more than five hundred liri.
Joint licence and 
classification of 
hotel and catering 
establishment. 
Added by: 
VI. 1971.3. 
Amended by: 
I.1986.9.
10. Where a hotel or a hostel and one or more catering
establishments form part of the same building or of a number of
buildings grouped together, and are under the same general
management, they shall be given one licence and one classification:
  Provided that the Board, in giving the classification, shall take
into consideration the services and amenities contained in such
building or group of buildings, and for the purposes of this section
may give the lower or lowest classification otherwise pertaining to
the hotel or hostel, or to such services and amenities:
  Provided further that the Board may, for the purpose of such
classification, disregard any such catering establishment as shall be
mainly intended for the public in general.
Reclassification of 
hotels and catering 
establishments. 
Amended by: 
I. 1986.10.
11. (1) Where it appears to the Board, after such inquiry as it
may deem fit, that a hotel, a hostel or a catering establishment is
not being kept or managed in a manner conformable to the standard
of a hotel, a hostel or a catering establishment of the category in
which such hotel, hostel or catering establishment is classified, in
accordance with the provisions of any regulations made under this
Act, the Board may, upon giving notice thereof to the hotel-keeper,
hostel keeper or catering establishment keeper, as the case may be,
remove the name of such hotel, hostel or catering establishment
from such category and place it in a lower category.
  8        CAP. 197. ]           HO TELS AND CATERING ESTABLISHMENTS
(2) The reclassification of such a hotel, hostel or catering
establishment made under the last preceding subsection shall take
effect on the expiration of ten days from the date on which notice
thereof is communicated to the hotel-keeper, hostel keeper or
catering establishment keeper, as the case may be:
  Provided that, where an appeal has been made against such
reclassification, it shall not take effect unless it is confirmed by the
Minister or, if it has been modified by him, it shall have effect
accordingly and the Minister’s decision shall have effect on the
expiration of ten days from the date on which notice thereof is
communicated to the appellant.
Delivery of 
certificate. 
Amended by: 
XIII. 1983.5; 
I.1986.11.
12. (1) Any certificate of classification which has been
cancelled shall be delivered to the Board.
(2) Any certificate of classification in respect of a hotel, hostel
or catering establishment which has been reclassified shall be
delivered to the Board and a fresh certificate, altered to meet the
circumstances of the case, shall be issued in its place.
(3) Any hotel-keeper, hostel keeper or catering establishment
keeper who does not comply with any request of the Board made
for the purpose of this section shall be guilty of an offence and
shall be liable on conviction to a fine ( multa ) of not less than five
liri and not more than fifty liri.
Appeals. 
Amended by: 
XXVII.1969.5; 
XL.1973.6; 
XXXVI.1977.8; 
I. 1986.12.
13. (1) Any person who is aggrieved by - 
( a ) the Board’s decision to refuse the grant or transfer of a
licence under this Act,
( b ) the Board’s decision regarding the classification of a
hotel, hostel or catering establishment,
( c ) the Board’s decision to cancel a licence granted under
this Act,
( d ) any order or direction of the Board given in
accordance with the provisions of this Act or any
regulations made thereunder,
may, within ten days from the date on which such decision, order,
or direction, as the case may be, is communicated to him, appeal
therefrom in writing to the Minister:
  Provided that, where the period specified in an order made
under article 7(1) is less than one month, such appeal shall be made
within two working days from the said date.
(2) The Minister shall consider such appeal and, after such
further inquiry as he may deem fit, he shall confirm, revoke or
modify the decision, order or direction, as the case may be, of the
Board in the light of what he believes to be the best interests of
tourism in Malta.
(3) The decision of the Minister in accordance with the
provisions of subarticle (2) shall be final and conclusive.
(4) When entering an appeal according to the provisions of this
section, the hotel-keeper or hostel keeper or catering establishment
            HO TELS AND CATERING ESTABLISHMENTS       [ CAP. 197 .        9
keeper, as the case may be, shall pay to the Secretary of the Board
such fee as may be prescribed:
  Provided that, where the appeal is wholly entertained by the
Minister, such fee shall be refunded to the appellant.
Register of guests. 
Amended by: 
VII.1980.4; 
XIII.1983.5; 
I.1986.13.
14. (1) Every hotel-keeper or hostel keeper shall keep a
register in a prescribed form wherein he shall cause every guest to
write his name together with such other particulars as may be
prescribed.
(2) Every hotel-keeper or hostel keeper shall present such
register for inspection whenever so requested by any Police officer
not below the rank of inspector, member of the Board or any other
person authorized for the purpose in writing by the Chairman of the
Board.
(3) Any hotel-keeper or hostel keeper who -
( a ) fails to keep the aforesaid register, or
( b ) fails, neglects or refuses to comply with the
requirements of this section,
shall be guilty of an offence and shall be liable on conviction to a
fine ( multa ) of not less than one hundred liri and not more than
three hundred liri.
(4) Any guest who makes or causes to be made in any register
kept in accordance with the provisions of subarticle (1) any
statement or entry knowing the same to be false in a material
particular, shall be guilty of an offence and shall be liable on
conviction to a fine ( multa ) not exceeding thirty liri.
Right of access and 
inspection. 
Amended by: 
VII. 1980.5; 
XIII. 1983.5;
I. 1986.14.
15. (1) Any member of the Board or any other person
authorized in writing to that effect by the Minister or by the
Chairman of the Board shall have at any reasonable time access for
any purpose connected with this Act, to any hotel, hostel or
catering establishment in respect of which there is in force a licence
and he shall have the right to inspect any part of the building of
such hotel, hostel or catering establishment.
(2) Any person who denies the said right of access or in any
manner hinders or obstructs the said right of inspection shall be
liable on conviction to a fine ( multa ) of not less than one hundred
liri and not more than three hundred liri.
Regulations. 
Amended by: 
XL.1973.7; 
VII.1980.6; 
XIII.1983.5; 
I. 1986.15.
16. (1) The Minister may from time to time make regulations
for carrying into effect the provisions of this Act, for ensuring the
good and efficient working of hotels, hostels and catering
establishments and, without prejudice to the generality of such
powers, may make regulations for all or any of the following
purposes:
( a ) providing for the classification of hotels, hostels and
catering establishments and the issue of certificates of
classification in respect thereof, and prescribing in
relation to each category the minimum requirements
which hotels, hostels and catering establishments are
  10        CAP. 197. ]           HO TELS AND CATERING ESTABLISHMENTS
to satisfy in order to be classified under such category;
( b ) prescribing the fees leviable in respect of the grant of
any licence or the issue of any certificate of
classification or any other certificate under this Act;
( c ) fixing or enabling the Board to fix the minimum and
maximum rates which may be charged by a hotel-
keeper, hostel keeper or catering establishment keeper,
in respect of such categories of hotels, hostels or
catering establishments as the Minister may from time
to time determine, for the accommodation, including
services, provided in a hotel falling within any of the
said categories, or for refreshments, meals and drinks,
including services, purveyed in a catering
establishment falling within any of the said categories,
and prescribing the manner in which such rates shall
be brought to the notice of customers;
( d ) regulating the subject-matter of any printed leaflet,
brochure, advertisement and any other publicity
material relating to hotels or catering establishments
for distribution or insertion in any publication in Malta
or abroad;
( e ) providing for the appointment of inspectors of hotels,
hostels and catering establishments and prescribing
their powers and duties;
( f ) establishing or enabling the Board to establish the
minimum facilities and services that are to be provided
in hotels, hostels and catering establishments of any
class, and fixing or empowering the Board to fix the
prices for such facilities and services;
( g ) prescribing anything that is to be prescribed.
(2) Such regulations may impose penalties for the breach
thereof not exceeding a fine ( multa ) of two hundred liri.
(3) Any regulations made under this section shall be laid before
the House of Representatives as soon as may be after they are
made, and if, within the next twenty days beginning with the day on
which such regulations are so laid before it, the House of
Representatives resolves that the regulations be annulled, they shall
henceforth be void, but without prejudice to anything previously
done thereunder or to the making of new regulations:
  Provided that there shall not be included in the computation of
the said twenty days any period of four or more consecutive days
intervening between any two consecutive sittings of the House of
Representatives.
            HO TELS AND CATERING ESTABLISHMENTS       [ CAP. 197 .        11
PART III
M I S C E L L A N E O U S
Right of retention. 
Substituted by: 
I. 1986.16.
17. A hotel-keeper and a hostel keeper shall have the right to
retain any goods which a guest brings into the hotel or hostel and
which are in the possession of the hotel-keeper or the hostel keeper
until such guest has paid any rates lawfully charged by the hotel-
keeper or hostel keeper as the case may be.
Applicability. 
Amended by: 
VI. 1971.4; 
I. 1986.17.
Cap. 10.
  18. (1) Nothing in this Act shall apply or be deemed to apply
in any way to any convent, monastery, boarding school, college or
to any house or premises exclusively used for the accommodation
or boarding of persons in a charitable institution or to any other
similar body or institution or to any club which is to be registered
in terms of any regulations made under article 195 of the Code of
Police Laws.
(2) Where the Board is of the opinion that a hotel, a hostel or a
catering establishment is of such a low standard as to justify the
issue by the Board, in respect thereof, of a certificate to the effect
that such hotel, hostel or catering establishment, as the case may
be, is not classifiable, the Board shall issue such certificate and the
provisions of this Act shall not apply to such hotel, hostel or
catering establishment, as the case may be, for so long as the said
certificate is in force:
Cap. 10.  
Provided that, while such a certificate is in force, the hotel or
hostel to which the certificate refers shall be deemed to be a
lodging house for the purposes of the Code of Police Laws:
  Provided further that the Board may, at any time, where the
changed circumstances of the case so warrant, of its own motion or
at the request of the owner of the hotel, of the hostel or of the
catering establishment, as the case may be, cancel the said
certificate and issue a licence under article 4.
(3) Any person who is aggrieved by the Board’s decision in
regard to any matter contemplated in the last preceding subsection
shall have a right of appeal to the Minister to which the provisions
of article 13 shall apply.
Probation Act shall 
not apply. 
Added by:
I. 1986.19.
Cap. 446. 
19. The provisions of the Probation Act shall not apply in
relation to the offences under articles 4, 8, 9, 12, 14 and 15 and in
relation to any breach of any regulation made under article 16.
