CONTROL OF THE SALE AND DISTRIBUTION OF TICKETS AND PROMOTIONAL MATERIAL FROM PUBLIC SPACES [ S.L. 441.12 1 SUBSIDIARY LEGISLATION 441.12 CONTROL OF THE SALE AND DISTRIBUTION OF TICKETS AND PROMOTIONAL MATERIAL FROM PUBLIC SPACES REGULATIONS 10th September 2025 LEGAL NOTICE 179 of 2025 as amended by Legal Notice 193 of
- The title of these regulations is the Control of the Sale and Distribution of Tickets and Promotional Material from Public Spaces Regulations. Title. Amended by: L.N. 193 of
- The scope of these regulations is to regulate the conduct of any person who sells or distributes, or allows the sale and distribution of tickets and promotional material for commercial purposes in order to eliminate unlicensed advertising in spaces which are public or accessible to the public. Scope.
- requires: In these regulations, unless the context otherwise Interpretation. "the Act" means the Trade Licences Act; Cap.
- "advertisement" means any image, word, letter, model, sign, poster, product, device, board, notice, leaflet, brochure or design, representation or communication, notice or direction whether illuminated or otherwise, physical or digital, that has the character of advertising and is used wholly or partially for that purpose, and includes any billboard or similar structure, platform or other medium, used or adapted to display an advertisement, including but not limited to electronic means; "competent authority" means any section, department, body, agency or authority under the law, that issues a licence or permit in respect of a person or commercial establishment and, or who may enforce the law, including the Police Force, or any contractor duly authorised by the said competent authority in accordance with these regulations; "Council" means a local council in accordance with the provisions of the Local Government Act, or a duly authorised contractor by the Council for specific scopes of these regulations; Cap.
- "museum" shall have the same meaning as assigned to it in the Cultural Heritage Act; Cap.
- "officer" means any person appointed to carry out duties 2 CONTROL OF THE SALE AND DISTRIBUTION OF TICKETS AND PROMOTIONAL MATERIAL FROM PUBLIC SPACES [ S.L. 441.12 in accordance with these regulations and authorised to issue fines and penalties in accordance with these regulations, and includes any officer of the competent authority, any officer of the Police Force, or any other authorised entity that may issue fines and penalties in accordance with these regulations; "public space" means any location to which the public generally has free and unrestricted access or use, including but not limited to public domain urban spaces such as streets and squares, as well as open and recreational spaces. Prohibition of certain activities.
- No person may, from a public space: (a) and, or offer, give, promote, sell products and, or services; (b) sell, distribute or advertise tickets and, or promotional material; unless from locations, establishments or structures, whether fixed or temporary, covered by a licence or permit for such purpose issued by a competent authority and with the consent of the licence or permit holder: Provided that the provisions of this regulation shall not apply to museums, cinemas and theatres, unless the advertising is done in the premises or establishment itself; Provided further that the provisions of this regulation shall not apply to persons offering or promoting products and services, or selling or distributing tickets and promotional material from an open-air site where an event is going to be held, provided that the aforementioned acts are carried out in the said site that has all the required permits and licences, and such advertising activities are carried out only during the period stipulated in the said issued permits and licence. Removal of unauthorised advertisements. 5.
(1)The competent authority and, or the Council may, immediately and without the need for further notice remove, store and dispose of any advertisement placed in a location, establishment or space not covered by a licence or permit in accordance with these regulations, at the expense of the person failing to comply with these regulations: Provided that an advertisement which is removed or stored shall be catalogued in an inventory which is drawn up immediately at the location and a copy of the inventory shall be provided to the person from whom the items were taken: Provided further that any advertisement removed or stored or still in the process of being disposed of, shall not be returned to its CONTROL OF THE SALE AND DISTRIBUTION OF TICKETS AND PROMOTIONAL MATERIAL FROM PUBLIC SPACES [ S.L. 441.12 owner before the fee imposed by the Police Commissioner or the competent authority is paid in accordance with these regulations.
(2)The competent authority shall not be held responsible for any damage caused when removing, storing, and, or disposing of unauthorised advertisements in accordance with these regulations. 6.
(1)Where a breach of these regulations occurs, the competent authority may issue a fine to any person who participates in, promotes, owns or operates an activity, premises, establishment, commercial activity, company, or fixed structure indicated in the tickets or promotional material, and any other person who permits such action and fails to comply with these regulations. In such cases, the procedures, fines and penalties stipulated in these regulations shall apply, and this without prejudice to any further action in accordance with article 19 of the Act.
(2)When a person breaches any provision of these regulations, he shall be liable to the following fines and penalties according to the case: (
- a)one thousand, one hundred and sixty euro (€1,160.00) for the first breach of these regulations; (
- b)two thousand, three hundred and twenty-five euro (€2,325.00) for a second or subsequent breach of these regulations; (
- c)fifty euro (€50.00) daily penalty, if the breach persists after ten
(10)days from the service of the fines stipulated in paragraphs (a) and (b): Provided that this penalty shall be imposed without prejudice to any other fine or other amount payable or due to the competent authority in accordance with the provisions of the Act: Provided further that when a person is subjected to a daily penalty for different breaches related to the same activity or site, the daily penalties shall accumulate separately and shall continue to accumulate until the relative breach is remedied to the satisfaction of the competent authority. Illegalities breaching existant orders shall continue to be considered separately and cumulatively.
(3)Notwithstanding the provisions of any other law, no warrant of prohibitory injunction or other order shall be issued or given by any court to prevent the competent authority from exercising any of the powers granted to it under these regulations. Fines, penalties and additional enforcement provisions. 3 4 [ S.L. 441.12 CONTROL OF THE SALE AND DISTRIBUTION OF TICKETS AND PROMOTIONAL MATERIAL FROM PUBLIC SPACES
(4)All costs incurred by the competent authority in exercising any of the powers under these regulations may be recovered as a civil debt by the competent authority from any of the persons indicated in sub-regulation
(1), or from the said persons jointly, without prejudice to such person’s right to recover such costs from any other person. Communication of data by the competent authority. 7. The competent authority designated to carry out the duties in these regulations may, for the purpose of enforcement of these regulations, adopt the necessary safeguards to communicate the data and information of any person who has breached these regulations to other government entities, as may be required.