Issue link: https://maltatoday.uberflip.com/i/326223
maltatoday, SUNDAY, 8 JUNE 2014 News 7 Political party clubs must pay landlords 5% cut from bars New legal notice has set new rules for rents for rent-controlled clubs MATTHEW VELLA CLUBS registered with the police will start paying a new rent regulat- ed by new rules for premises with pre-1995 leases. The laws will affect political party clubs renting old rent-controlled properties, which will now also have to give landlords a 5% cut of the in- come generated from bar sales. Clubs' rents will increase by a fixed 10% rate over the previous year, every year up until 2016. After 1 January, 2016, the rent will increase by 5% over 2016, and at the same rate every year up until 2023. Clubs' rents will then increase every year according to the index of inflation for the previous year. If the clubs in question however generate income through some form of economic activity carried out on the premises, as from 1 January, 2015 the tenants will have to pay their landlords 5% of the income generated – mainly from bar sales, restaurant receipts, sub- leasing or any such management agreements. The change in rent laws stems from a recent landmark judgement handed down by the Constitutional Court in a case by property owner Sean Bradshaw, who complained that his Republic Street property – occupied by a band club – had had its €1,165 (Lm500) annual rent fro- zen under rent-control laws. Bradshaw complained that amend- ments to the rent laws in 2005 had deliberately left out clubs, which remained regulated by old protec- tionist laws, and that the omission was made in view of the particular historic and social role rendered by clubs such as sports clubs, band clubs, political clubs and others. In its decision the Constitutional Court took note of the estimated rental values submitted by both parties, which while far apart were both significantly higher than the actual rent, commenting that this alone was to the detriment of the landlord. It also took note of the parlia- mentary debate on the rent laws amendments, where it was ironi- cally acknowledged that it would be unfair to retain the old protection of club leases, and expect the land- lord to suffer the burden alone in the name of public interest. The court decided that the fairest way to level the imbalance was by awarding the owners compensation of €300,000, to be paid equally by the state and the tenant. re you a researcher, an innovator or an innovative firm willing to undertake research? Would you be interested in commercialising your idea? Do you know that there are funds available just for this? The Malta Council for Science and Technology is inviting you to the launch of FUSION: The Research & Innovation Programme. FUSION, the R&I Programme, is a funding programme which supports local research and innovation with the ultimate aim of turning innovative ideas into a market ready reality. This fund is financed by the Government of Malta and is managed by the Malta Council for Science and Technology. FUSION will support locally funded research and instil a research and innovation culture within the Maltese economy with the potential of generating knowledge-driven and value- added growth and sustain improvements in the quality of life. The event, will be held Thursday, 12 June, 2014 at 12:30 pm at Le Méridien St Julians Hotel and Spa. For registration contact Debbie Pavia on debbie@businessleadersmalta.com. A Villa Bighi, Kalkara KKR1320, Malta Tel: +356 21 660340 - info@mcst.gov.mt mcst.gov.mt Untitled-3 1 30/05/2014 14:55 Crucial right to disclosure for suspects finally comes into force JUSTICE Minister Owen Bonnici yesterday announced the coming into force of a legal notice that will grants the right of disclosure to people arrested in criminal procedures. "The right of disclosure is a right granted to a suspect or somebody accused of a crime, to have access to information during criminal procedures," Bonnici said. Disclosure will give arrested people or suspects a better position to effectively contest the legitimacy of their arrest or their detention, by having access to all evidence in police possession, whether in favour of or against the suspect under arrest. The information will also be shown to their lawyers so that the process of justice can be safeguarded, and the suspect's defence be better prepared. "This right will permit sus- pects and accused person the ability to prepare their defence in the best possible manner and also allow more expedite and efficient proceedings," Bonnici said. "It was long felt the need to allow suspects access to docu- ments and other material con- cerning their file, from the competent authorities." In the UK, in the period be- fore a trial, the prosecutor shares with an accused's lawyer the evidence that will be used against the accused at trial. For example, if witnesses are to give evidence, the accused is given their written statements. The prosecution must also disclose any material that may weaken its case or assist the accused's case. The prosecutor must con- tinually review the evidence and disclose to the accused any material falling within that test. The legal notice forms part of a package of criminal justice re- form laws that came into force on 18 March 2014. At EU level, the directive for the strength- ening of procedural rights for suspects, amongst them disclo- sure, had already been passed back in 2009. "In the months to come, the government is expected to publish a series of amendments that will give new rights to the accused, making Malta one of the more advanced countries in Europe in terms of rights dur- ing such proceedings," Bonnici said.