SHOPS FOR THE SALE OF WINE, BEER OR SPIRITUOUS 
LIQUORS (LICENCES, GOOD ORDER AND PUBLIC DECORUM)  [ S.L.10.09 1
SUBSIDIARY LEGISLATION 10.09
SHOPS FOR THE SALE OF WINE, BEER OR 
SPIRITUOUS LIQUORS (LICENCES, GOOD ORDER 
AND PUBLIC DECORUM) REGULATIONS
18th October, 1929
GOVERNMENT NOTICE 392 of 1929, as amended by Government
Notices: 418 of 1932, 9 and 175 of 1934, 336 of 1935, 191 of 1939, 127 of
1944, 123 of 1946, 62 and 90 of 1948, and 608, 722 and 828 of 1949;
Legal Notices 64 of 1964 and 92 of 1969; Act XIV of 1969; and Legal
Notices 147 of 1993 and 31 of 2002; and as adapted by Acts XXVII of 1970
and XXXIII of 1974.
Title . 
Added by:
L.N. 92 of 1969.
1. The title of these Regulations is Shops for the Sale of
Wine, Beer or Spirituous Liquors (Licences, Good Order and
Public Decorum) Regulations.
Applicability.
beer or spirituous liquors are sold to be consumed on the premises,
or are sold in quantities less than one whole bottle.
Licences 
Licence. 
spirituous liquors shall be addressed to the Commissioner of
Police.
Grant of licence.
Amended by:
L.N. 92 of 1969;
XIV. 1969.19.
4. (1) A licence for the sale of wine, beer or spirituous
liquors may, with the approval of the Prime Minister, be granted to
any person who is of age, provided that -
( a ) the application is not open to objection, in the opinion
of the Commissioner of Police, on any of the following
grounds:
(i) the character of the applicant, or of his wife or
her husband;
(ii) the sufficiency of shops, holding similar
licences, to meet the requirements of the public
in the neighbourhood;
(iii) the proximity of the premises in respect of which
a licence is applied for, to be calculated in the
manner to be prescribed by the Commissioner of
Police, to a place of public worship;
(iv) the proximity of such premises, to be calculated
in the manner to be prescribed by the
Commissioner of Police, to other shops licensed
for the sale of non-intoxicants;
(v) the connection of such premises with a dwelling
house;
( b ) no objection is raised by the Department of Health on
sanitary grounds;
( c ) no objection is raised by neighbours whose premises
are within eighteen metres of the proposed shop.
2 [ S.L.10.09 SHOPS FOR THE SALE OF WINE, BEER OR SPIRITUOUS 
(2) Whenever the Prime Minister is of opinion that there are
sufficient shops in any particular locality to meet the reasonable
requirements of the public, it shall be lawful for the Prime Minister
to order that no more licences shall be issued in that locality until
further orders.
Renewal of 
licences. 
Amended by:
L.N. 92 of 1969;
XIV.1969.19.
5. Licences granted as above shall be renewed annually,
provided that -
( a ) the renewal of the licence is not, in the opinion of the
Commissioner of Police, open to objection on any of
the following grounds:
(i) the non-observance on the licensed premises of
any of the regulations respecting licences;
Cap. 10.
(ii) the conviction of the licensee of any of the
contraventions referred to in articles 184, 185,
188, 189 and 193 of the Code of Police Laws, or
in articles 3, 9, 10, 117, 121, 125 and 128 of the
Food, Drugs and Drinking Water Ordinance * ;
(iii) the character of the licensee, or of his wife or her
husband, during the past twelve months;
(iv) the surrender of the premises for which the
licence was granted;
(v) the fact that the premises have been generally
ill-conducted;
( b ) no objection is raised by the Department of Health on
any of the following grounds:
(i) neglect of sanitary conditions and precautions;
(ii) sale of adulterated liquors or food unfit for
consumption;
( c ) no objection is raised, on grounds which are
considered reasonable by the Prime Minister, by
neighbours whose premises are within eighteen metres
of the shop.
Cancellation of 
licence.
6. The Commissioner of Police may, if he considers that a
licensee is ill-conducting the premises or if the licensee is
convicted of a serious crime, apply, at any time in the course of the
year for which the licence is valid, for its cancellation. The Police
Licences Advisory Board may recommend that the licence be
cancelled.
Transfer of licence. 7. (1) All licences under these Regulations shall be personal,
and no such licence shall be transferred except with the permission
of the Commissioner of Police. Any transfer not so authorised shall
entail the forfeiture of the licence.
(2) No application for a total or partial transfer of a licence
shall be granted by the Commissioner of Police, unless he is
satisfied that no objection is raised to the proposed transferee or
partners by neighbours whose premises are within eighteen metres
*Repealed by Act XL of 1972 (Chapter 231).
SHOPS FOR THE SALE OF WINE, BEER OR SPIRITUOUS 
LIQUORS (LICENCES, GOOD ORDER AND PUBLIC DECORUM)  [ S.L.10.09 3
of the shop, on grounds which are deemed reasonable by the
Commissioner of Police.
(3) Where a licence is applied for by more than one person, it
may be issued in the name of only one of them who, for the
purposes of the law, shall be considered to be the licensed person.
(4) No application for a personal transfer of a licence shall be
considered, pending criminal investigation against the licensee.
Temporary 
licences.
Amended by: 
G.N. 828 of 1949.
Cap. 128.
8. Temporary licences for the retail of intoxicating liquors
may be granted by the Commissioner of Police, on the occasion of
festivals, exhibitions, races, or special gatherings of people, on
payment of the appropriate fee prescribed under the Police
Licences Act.
Transfer of 
licences from one 
shop to another.
9. Applications for the transfer of licences from one shop to
another within the same town or village shall be dealt with by the
Commissioner of Police: 
Provided that, where objection is raised by any neighbour
or if the Commissioner of Police for any special cause which he
considers reasonable so directs, any such application shall be dealt
with in the same manner as an application for the grant of a new
licence.
Licence to serve 
wine and beer.
10. The Commissioner of Police shall have the power to grant
licences to keepers of  bona fide  restaurants to serve wine and beer
to customers during meals:
Provided that the Commissioner of Police shall have the
power to cancel, at any time in the course of the year, licences
granted under this regulation on the ground of non-observance of
any of the conditions imposed in the licence or if, in his opinion,
the premises are ill-conducted.
No intoxicating 
liquor in 
unlicensed 
premises.
11. No person holding a licence for the sale of wine and beer,
or of either wine or beer, shall have on the premises, in respect of
which the licence is granted, any intoxicating liquor which he is not
licensed to sell.
Hotel premises.
regulation, the foregoing regulations shall not apply to such shops
as, in the opinion of the Commissioner of Police, form part of
premises used  bona fide  for the purposes of a hotel.
(2) Regulation 11 shall also apply to premises used  bona fide
for the purposes of a hotel. 
Meaning of 
''neighbour''.
13. In these Regulations, the expression "neighbours" means
the tenant or occupier, or, when the house is unoccupied, the owner
of the house, or, in the case of a family, the head of the family
residing in the house; and in the case of a library, school, club,
office or institution, the respective representative thereof.
Maintenance of order and public decorum
No person to 
remain in shop 
after closing hours.
14. No person holding a licence under these Regulations shall
permit any person, not regularly employed in the shop, unless such
shop, in the opinion of the Commissioner of Police, is used  bona
4 [ S.L.10.09 SHOPS FOR THE SALE OF WINE, BEER OR SPIRITUOUS 
fide  for the purposes of a hotel, to remain therein during the hours
in which such shop is closed; nor shall he permit the supply, on
payment or gratuitously, of any article during that time.
Members of the 
Armed Forces.
Added by:
G.N. 191 of 1939.
15. No person holding a licence under these Regulations shall
knowingly permit any person belonging to the Armed Forces of
Malta to enter or remain on the licensed premises if the holder of
the licence has been served with an order to this effect by the
Commissioner of Police.
Barmaids.
Amended by:
G.N. 722 of 1949;
G.N. 828 of 1949.
16. (1) The following rules shall be observed where women
(barmaids) other than the wife of the licensee or the licensee herself
in the case of a woman, are employed:
( a ) barmaids shall not be less than twenty-one years of age
and they shall be duly registered and licensed;
( b ) they shall wear a uniform and an identification badge
to be indicated by the Commissioner of Police;
( c ) during business hours, the licensee shall be
responsible for the proper supervision and moral
behaviour of female employees;
( d ) the conditions of employment as regards wages,
lodging, maintenance and hours of work of barmaids
shall be subject to the approval of the Commissioner
of Police;
( e ) the number of barmaids shall be regulated by the
Commissioner of Police. In no case shall it exceed one
for every nine and a half square metres of floor space.
The licensee of a shop shall not employ barmaids
unless he holds a licence for the purpose from the
Commissioner of Police;
( f )  barmaids shall not be permitted to loiter at the
entrance of licensed premises or in the vicinity thereof
and no woman other than those registered under these
Regulations shall be permitted to loiter inside, at the
entrance or in the vicinity thereof;
( g )  waiters in shops where barmaids are employed shall be
registered and licensed, and the responsibility of the
licensee as regards good conduct shall extend to such
waiters. Such waiters shall wear an identification
badge supplied by the Commissioner of Police;
( h ) it shall be lawful for the Commissioner of Police to
grant a licence for the employment of  bona fide  artists
or artistes under such conditions as he considers it
necessary to impose in each case. Each such artist or
artiste shall be registered and licensed and shall wear
an identification badge supplied by the Commissioner
of Police;
( i ) in the case of hotels which are licensed for the sale of
wine, beer or spirituous liquors, the employment of
barmaids may be permitted if, in the opinion of the
Commissioner of Police, the premises are used  bona
SHOPS FOR THE SALE OF WINE, BEER OR SPIRITUOUS 
LIQUORS (LICENCES, GOOD ORDER AND PUBLIC DECORUM)  [ S.L.10.09 5
fide  for the purposes of a hotel;
( j ) the licence of a barmaid, waiter, artist or artiste shall
be liable to be cancelled or suspended by the
Commissioner of Police for any infringement of these
Regulations, or if in his opinion such barmaid, waiter,
artist or artiste, has violated public morality, propriety
or decency, during or after business hours.
Waitresses and 
female cashiers.
Added by:
G.N. 418 of 1932.
Revoked by:
G.N. 9 of 1934.
Added by: 
G.N. 123 of 1946.
17. The Commissioner of Police may also grant permission for
the employment in the shop of  bona fide  waitresses and female
cashiers in such numbers and on such conditions as he may
consider fit in each case. The permission so granted may at any
time be withdrawn or the conditions thereof varied at the discretion
of the Commissioner of Police.
Minors.
Added by: 
G.N. 62 of 1948.
18. It shall not be lawful for any person holding a licence
under these Regulations to allow any child under sixteen years of
age to enter or loiter at the entrance of any bar or other premises
where barmaids or artistes are employed; nor shall it be lawful for
any such child to enter or loiter at the entrance of any such bar or
premises or to infringe any order given by any member of the
Police Force to quit the neighbourhood thereof.
Where licensee is a 
widow.
Amended by:
G.N. 828 of 1949.
19. Where the licensee is a widow, the Commissioner of Police
shall have power to grant permission to not more than one female
to assist her in the management of the shop, whether such female
shall have an interest in the shop or not: 
Provided that a licence to that effect is issued by the
Commissioner of Police to the licensee of the shop, and that a
licence so granted, can, at any time, be withdrawn at the discretion
of the Commissioner of Police.
Employment of 
persons of good 
character.
20. No person holding a licence shall knowingly employ in his
shop any person to whom a licence has been refused under these
Regulations or who is not of good character.
Employment of 
substitute or agent.
Amended by:
L.N. 147 of 1993.
21. No person holding a licence shall employ in his shop any
person as his substitute or agent, without the permission in writing
of the Commissioner of Police.
Playing of music.
Amended by:
G.N. 90 of 1948;
G.N. 608 of 1949;
L.N. 31 of 2002.
22. (1) No person holding a licence shall permit in his
premises the playing of musical instruments or the replay of any
music recorded by any means whatsoever, or the amplification of
any such music by any electronic, electrical or other means,
without the permission of the Police.
(2) Such special permission shall not be granted by the Police
if any objection is raised thereto by any neighbour whose premises
are within eighteen metres of the shop in respect of which the
permission is requested, on grounds which are deemed reasonable
by the Director of Public Works, the Commissioner of Police and
the Chief Government Medical Officer, or the officers acting on
their behalf.
Annoyance to 
neighbours.
23. No person holding a licence shall permit, either by day or
by night, any singing, or noise in the shop, which may cause
annoyance to neighbours or otherwise disturb them, and he shall
6 [ S.L.10.09 SHOPS FOR THE SALE OF WINE, BEER OR SPIRITUOUS 
remove from the shop any person who is in a state of drunkenness,
or who by words, gestures, or in any other manner may have shown
an intention to cause a breach of the public peace.
Automatic 
amusement 
machines.
Amended by:
L.N. 64 of 1964.
24. No person holding a licence under these Regulations shall
keep any automatic amusement machine or permit any such
machine to be kept on the licensed premises:
Provided that the Commissioner of Police may grant
permission for an automatic amusement machine to be so kept -
( a ) if, in his opinion, the licensed premises are adequate
and are suitably conducted and the element of skill
predominates in the game provided by such machine;
and
( b ) if the game is made playable by the insertion into the
machine of a coin or coins and a successful player
neither receives nor is offered any benefit other than
either the opportunity afforded by the automatic action
of the machine to play the game again without the
insertion of another coin or his receiving by the
automatic action of the machine, as a result of his
playing, a gift or gifts in kind from within the machine
of a value which, in the opinion of the Commissioner
of Police, having also regard to the amusement
afforded by the playing of the game, is not out of all
proportion to the coin or coins inserted in the machine
for each game played.
Acts contrary to 
law or morality.
25. No person holding a licence shall suffer any act contrary to
law or morality to be committed in his shop.
Communication 
between licensed 
and unlicensed 
premises.
Amended by:
XIV.1969.19
26.   No person holding a licence shall make or use any internal
communication, not duly authorised, between any licensed and any
unlicensed premises, or shall make in the licensed premises any
alteration contrary to any instructions given by the Police, or by the
Department of Health.
Copy of licence. 27. Every person holding a licence under these Regulations
shall put in a frame and exhibit in a visible place in the shop, a
copy of any licence or permit granted by the Police having
reference to the shop, as well as a printed copy of these
Regulations.
Infringement of 
Regulations.
Amended by:
G.N. 127 of 1944;
L.N. 92 of 1969.
28. For any infringement of these Regulations or of any laws
or other regulations applicable to wine and spirit shops, the
Commissioner of Police may order such wine and spirit shops to be
closed for a period not exceeding seven days, or, subject to the
concurrence of the Prime Minister, for a longer period not
exceeding one month independently of any punishment to which
the offender may become, or may have become, liable according to
law.
