Trading Licences (Amendment) (No. 2) Regulations, 2007

L.N. 186 of 2007

TRADING LICENCES ACT

(CAP. 441)

Trading Licences (Amendment) (No. 2) Regulations, 2007

IN exercise of the powers conferred by article 28 of the Trading

Licences Act, the Minister for Competitiveness and Communications

has made the following regulations:-

The title of these regulations is the Trading Licences Citation.

(Amendment) (No. 2) Regulations, 2007 and they shall be read and

construed as one with the Trading Licences Regulations, 2006, L.N. 1 of 2006.

hereinafter in these regulations referred to as "the principal

regulations".

Immediately after the proviso to subregulation (3) of Amends

regulation 5 of the principal regulations, there shall be added the regulation

the principal

regulations.

following new proviso

"Provided further that a person holding a farmer’s log book

shall have the right to sell his own produce from his own field or

from premises within his field and for the said purpose the

farmer’s log book shall be deemed to constitute a commercial

licence in terms of these regulations.".

Regulation 8 of the principal regulations shall be Substitutes

regulation 8 of

substituted the following new regulation

the principal

regulations.

"8. (1) The Trade Licensing Unit shall, within ten

working days from the filing of the application, notify the

applicant of its decision. The said notice shall stipulate -

(a) that the Trading Licence Unit finds no

objection to the issue of the licence

(i) as applied for; or

(ii) subject to certain conditions as it may

deem fit to apply; or

(b) that the licence shall not be granted and, in

such a case, the Trade Licensing Unit shall give detailed

reasons for its refusal.

(2) The said notice shall also indicate the licence fee

payable for the issue of the licence

Provided that in the case of an application being made for a

licence under the First Schedule, the ten working days within

which the notification to the applicant under subregulation (1) is

to be issued, shall start running -

(a) from the date the Trade Licensing Unit

receives the certificate of conformity from the regulatory

authority, or

(b) from the date of the submission of any

additional documentation or information requested in

terms of regulation 7, or

(c) from the date the Trading Licencing Unit

receives a certified copy of a permit required under the

Development Planning Act from the applicant where the

opening of the commercial premises, in relation to which

an application for a trading licence has been made, requires

such a permit.".

In paragraph (ii) of the proviso to subregulation (2) of

regulation 9 of the principal regulations, immediately after the words

"sale of food products or beverages," there shall be added the words

"or to a licence for hairdressing, activities of beauty treatment and

physical well being," and immediately after the words "listed under

licence Category I" there shall be added the words "and Category VI

respectively".

In subregulation (1) of regulation 10 of the principal

regulations for the words "Government Notice in the Gazette listing

all licences" there shall be substituted the words "notice in the

Gazette listing the licences of commercial premises, street hawkers,

market hawkers, commercial fairs, marketing agents, car boot sales,

buskers and the licences regulating late night shopping and extension

in business hours,".

Subregulations (2) and (3) of regulation 11 of the principal

regulations shall be deleted and subregulation (1) shall be

renumbered as the whole provision thereof.

Regulation 28 of the principal regulations shall be

amended as follows

(a)

subregulation (4) thereof shall be renumbered as

subregulation (5); and

(b) immediately after subregulation (3) thereof, there

shall be added the following new subregulation

"(4) Where the licence of the market hawker

concerns food items, the substitute hawker shall either

provide the relevant certificate from the health authorities,

if he is to use his own garage as a store for food items, or a

signed declaration from himself indicating he will be using

the garage of the original hawker which has the relevant

health certificate.".

Paragraphs (a) to (f) of regulation 35 of the principal Amends

regulations shall be re-numbered as paragraphs (b) to (g) respectively regulation

the principal

and immediately before paragraph (b) as re-numbered, there shall be regulations.

added the following new paragraph

"(a) that an application by any busker who, in any street,

produces on site and sells a work of art on site, is filed on the

appropriate form with the Trade Licensing Unit;".

Immediately after paragraph (g), as re-numbered, of Adds new Part

regulation 35 of the principal regulations, there shall be added the and

regulations to

the principal

following new Part and new regulations

regulations.

"PART III A

Registration of Persons carrying out a

Commercial Activity

(1) No person shall carry out

Registration of

persons.

any commercial activity unless such person is

qualified to be registered and is so registered

in accordance with the provisions of this Part

Provided that such registration shall not

be required where

(a)

such commercial activity is

licensed under the provisions of

regulations 5, 25, 26, 32, 33, 34 or 35; or

(b) such persons carry out a

commercial activity which is regulated

under any other Act, or are required to

hold a licence or warrant thereunder; or

(c)

such

persons

are

in

possession of a farmers’ log book and

sell their own produce from their field,

or premises within their field, as stated

in regulation 5(3).

(2)

The provisions of subregulation (1)

shall also apply in relation to any person who

manages a commercial activity on behalf of

any other person licensed under regulation 5

and who is not covered by a contract of

employment.

(3)

As from such date as the Minister

may by order in the Gazette establish, a

person shall be deemed to be qualified for

registration if such person is in possession of a

certificate of competence as may be

prescribed

Provided that if it is shown to the

satisfaction of the Trade Licensing Unit that,

before such date, that person had been

carrying out the commercial activity for

which he intends to be registered, he shall not

be required to possess such a certificate of

competence.

(4)

A registration under this Part shall

be personal and non-transferable.

(1) Any person who is qualified

Application for

registration.

to be registered to carry out acts of trade, shall

make an application for registration on the

appropriate form to the Trade Licensing Unit.

(2)

An application for registration shall

contain the following information, if

applicable

(a)

the name of the applicant;

(b) the residential address of the

applicant;

(c)

the

identity

document

number or any other means of

identification of the applicant;

(d) the nature of the commercial

activity;

(e)

any

certification

of

competence

or

other

relevant

qualification held by the applicant, or

documentation to prove the carrying out

of a commercial activity as is referred to

in the proviso to regulation 35A(3);

(f)

the date of the application.

(3)

The applicant shall submit, with the

application form, two recent passport size

photographs of himself.

(1) Where an application is

Particulars of

registration.

made under the provisions of this Part and

further documentation or information is

required in relation to such an application, the

Trade Licensing Unit may, within ten working

days from the filing of such application,

require in writing the production of such

further documentation or information and it

may in its request grant the applicant such

time as it may deem necessary to provide such

documentation or information.

(2)

The Trade Licensing Unit shall,

within eight weeks from the filing of the

application, issue a registration card to the

applicant.

(3)

If any additional documentation or

information is requested in terms of

subregulation (1), and the applicant does not

provide the documentation or information

within the time granted for its submission, the

period of eight weeks stipulated in

subregulation (2) shall commence to run from

the date of actual submission of such

document or information.

(4)

The registration card shall be

issued in the name of an individual personally

and shall be issued by reference to the

category and type of the commercial activity

shown in the First Schedule.

(1) The Trade Licensing Unit

Register of

registered persons.

shall keep a Register of all persons who are

registered and hold a valid registration card.

(2)

The Register shall show in respect

of each registered person the following

particulars, if applicable

(a)

the name of the registered

person;

(b) the residential address of the

registered person;

(c)

the registration card number;

(d) the

identity

document

number or any other means of

identification;

(e)

the nature of the commercial

activity;

(f)

any

certification

of

competence

or

other

relevant

qualification held by the applicant, or

documentation to prove the carrying out

of a commercial activity as is referred to

in the proviso to regulation 35A(3);

(g) the date of registration.

(3)

The registration regulated under

this Part is specifically intended for purposes

of notification.

(4)

Registered persons shall be

registered under the appropriate heading of

the commercial activity shown in the First

Schedule.

(5)

Any registered person shall be

entitled to describe himself to be registered to

carry out the commercial activity for which he

is so registered.

(6)

The Trade Licensing Unit shall

annually publish in the Gazette a list of

persons who have been registered during the

twelve months following the publication of

such previous list indicating their name,

commercial activity and registration card

number.

(7)

The Register shall be open for

public inspection at such time as may be

determined.

Fees in relation to

There shall be payable to the Trade

registration.

Licensing Unit for the registration of a

commercial activity under this Part, and

thereafter annually on the 1st day of January, a

fee of twenty-five liri.

Applicability of

The provisions of regulations

certain regulations.

12(1), 13, 17, 20, 21, 23 and 24, insofar as

they are applicable, shall mutatis mutandis

apply to the registration of a commercial

activity under this Part.

Qualification of

(1) As from such date as the

licencees.

Minister may by order in the Gazette

establish, no person shall be eligible to

possess a licence under the provisions of

regulations 5, 25 or 26, unless he satisfies the

requirements established under the following

provisions of this regulation in relation to

qualification.

(2)

For the purposes of subregulation

(1), a person shall be deemed to be eligible to

possess a licence if such person is in

possession of a certificate of competence as

may be prescribed

Provided that, if it is shown to the

satisfaction of the Trade Licensing Unit that,

before such date, such person had been

carrying out the commercial activity for

which he intends to be licensed, he shall not

be required to possess such certificate of

competence.".

10. The proviso to subregulation (2) of regulation 38 of the Amends

regulation 38 of

principal regulations shall be amended as follows

the principal

regulations.

(a)

in paragraph (a) thereof, immediately after the

words "11.00 p.m." there shall be added the words "and between

1.00 p.m and 4.00 p.m.";

(b) in paragraph (b) thereof, immediately after the

words "11.00 p.m." there shall be added the words "and between

1.00 p.m and 4.00 p.m."; and

(c)

in paragraph (c) thereof, for the words "11.00 p.m.

in all areas" there shall be substituted the words "11.00 p.m. and

between 1.00 p.m and 4.00 p.m. in all areas and midnight in the

localities of Bugibba, Qawra and St. Paul’s Bay".

11. The Second Schedule to the principal regulations shall be Amends Second

Schedule to the

amended as follows

principal

regulations.

(a)

in paragraph 07 thereof, immediately after the words

"16 years of age." there shall be added the words "After 9.00

p.m. till 8.00 a.m. of the following day, alcohol products are to

be sold or served only by such commercial premises licensed as

a catering establishment by the Malta Tourism Authority,

wedding halls, and/or licensed as clubs under the provisions of

the Police Licences Regulations, 1949, and other commercial

activities not licensed by the Trade Licensing Unit. The sale or

serving of alcohol products by street and market hawkers is

prohibited at all times.";

(b) in paragraph 09 thereof, immediately after the words

"11.00 p.m. and 9.00 a.m. of the following day" there shall be

added the words "and between 1.00 p.m and 4.00 p.m."; and

(c)

immediately after paragraph 12 thereof, there shall

be added the following new paragraph

"13. No alcohol may be sold or served from

commercial premises, which are licensed as a

confectionery under these regulations, between 9.00 p.m.

and 8.00 a.m. of the following day.".

12. In section 10 Tourist Localities, in the Third Schedule to

the principal regulations, immediately after the locality "Cospicua"

there shall be added the locality "Floriana".

13. The Fourth Schedule to the principal regulations shall be

amended as follows

(a)

for the Business Hours "12 noon to 6.00 p.m."

corresponding to the locality "Attard Parking Area Park

Nazzjonali Ta’ Qali" there shall be substituted the business

hours "8.00 a.m. to 6.00 p.m.";

(b) locality "Valletta Triq il-Merkanti" shall be

substituted by the words "Valletta Triq il-Merkanti u Triq it-

Teatru l-Antik";

(c)

for the Days of Trading "Tuesday, Wednesday,

Thursday and Saturday" corresponding to the locality

"Zebbug" there shall be substituted the days of trading

"Tuesday, Wednesday, Thursday, Friday and Saturday"; and

(d) in the Maltese text for the Days of Trading "Mit-

Tnejn sas-Sibt" corresponding to the locality "G]awdex

Rabat - it-Tokk u Pjazza Santa Sabina" there shall be

substituted the days of trading "Mit-Tnejn sal-}add", and for

the Business Hours "6.30 a.m. sa 2.00 p.m." there shall be

substituted the business hours "6.30 a.m. sa 5.30 p.m.".

14. The Sixth Schedule to the principal regulations shall be

amended as follows

(a)

the words "Take-aways with seating facilities" shall

be added immediately after the words "Diving schools" in the

list of commercial activities licensed by the Malta Tourism

Authority;

(b) the words "Hearses" shall be added immediately

after the words "Car park attendants" in the list of commercial

activities licensed by the Malta Transport Authority; and

(c)

the following new items shall be added immediately

after the item "Trade Licensing Unit" respectively under the

column "Authority" and the column "Commercial activity"

corresponding thereto as follows

"Malta Financial Services •

Financial Services

Authority"

•

Collective Investment Schemes

•

Investment Services

•

Insurance Companies

•

Nominees

Chamber of Commerce

• Commission Agents

Department of

• Elderly people’s homes

Institutional Health

Department of Fisheries

•

Fishing

•

Fishing boats

•

Fish Farms

•

Fish hatcheries

Ministry of Education

• Nurseries

• Childcare centres".