Liability in public events : the need for regulation

Abstract

This study examines the current situation of Public Events in Malta, whereby it is deemed that this area is very little regulated, if at all, through a fragmentation of laws, including the Civil Code and briefly mentioned in the Civil Protection Act (Chapter 16 and Chapter 411 of the Laws of Malta respectively). This gives rise to legal uncertainty when it comes to liability regarding public events. Through the enactment of regulations in Public Events, it is being recommended that key issues, including health, safety and security would create certain obligations on the event organiser. The proposed regulations would assist in identifying liability arising from public events, both Criminally and Civilly. Consequently, besides establishing definitions of important elements of a public event, the study will further inspect juridical redress, both nationally and internationally. The cases examined include accidents occurring in Brazil, Russia, England, and Malta, highlighting the Paqpaqli case and the PlusOne Nightclub case, both occurring in 2015. Through these scenarios, it becomes clear how easily things could escalate when regulations are ignored. The study is also recommending the establishment of a Competent Authority for Public Events, which will coordinate accordingly between the different departments which are deemed necessary in the organisation thereof. The said authority will be composed of competent personnel. Through this authority, the process of licensing for public events in Malta would be uniform, There will be the set-up of a one stop shop, where, all the necessary permits, and the documentation that would be requested for the public event to be held, would be vetted through this Authority for the event organiser. Moreover, it is envisaged that accidents and/or incidents should be, as far as reasonably practically, reduced, if not eliminated, safeguarding the safety of those who would attend a public event.