Trading Licences (Amendment) (No. 7) Regulations, 2011

L.N. 228 of 2011

TRADING LICENCES ACT

(CAP. 441)

Trading Licences (Amendment) (No. 7) Regulations, 2011

IN exercise of the powers conferred by article 17 of the

Trading Licences Act, the Minister of Finance, the Economy and

Investment has made the following regulations:-

The title of these regulations is the Trading Licences

(Amendment) (No. 7) Regulations, 2011, and these regulations

shall be read and construed as one with the Trading Licences

Regulations, 2006 hereinafter referred to as “the principal

regulations”.

Regulation 5 of the principal regulations shall be

amended as follows

(a) for sub-regulation (4) thereof, there shall be

substituted the following

“(4) (a) A retail outlet shall only benefit of one

operating licence.

(b) In the case where more than one licence

has been issued in respect of a retail outlet, it shall not be

possible for that retail outlet to utilise and benefit from

more than one licence to carry out a commercial activity

during the same period of time, and this notwithstanding

that payment of all fees and dues have been effected in

full in respect of all licences

Provided that if a person has more than one

licence to carry out commercial activity, the licensee

shall indicate to the Trade Licensing Unit under which

licence he is operating and any licence so indicated shall

be considered as the only valid operating licence whilst

being subject to the relevant provisions of the Act and of

regulations made thereunder.

(c) In the case where a licence has been

issued for a predominant commercial acitivity to be

carried out from a retail outlet, it is not possible to carry

out another commercial activity predominantly from that

retail outlet.”;

(b) for sub-regulation (5) thereof, there shall be

substituted the following

“(5) (a) The Trade Licensing Unit shall have

the power to inspect any retail outlet licensed as a

confectionery to ascertain which commercial activity is

being carried out from the said outlet.

(b) In the event that during such inspection

the Trade Licensing Unit becomes aware that the

commercial activity being carried out is an activity

normally licensed by the Trade Licensing Unit but is not

the commercial activity indicated in the valid operating

licence as defined in sub-regulation (4), the Trade

Licensing Unit shall be entitled to stipulate a time limit

within which the licensee shall be obliged

(i) to abide by the conditions of the valid

licence, or

(ii) if the situation so warrants, to apply for

a change of use in accordance with regulation 14

Provided that where the commercial activity

for which a change of use is applied for requires a

permit under the Development Planning Act and,

or clearance from the health authorities, the retail

outlet shall immediately stop that commercial

activity until such permit or clearance is secured.”;

and

(c) immediately after the new sub-regulation

(5) thereof, there shall be added the following new sub-

regulation

“(6) If no action is taken by the licensee as

indicated in sub-regulation (5)( b) within the stipulated

time limit and if the commercial activity actually being

carried out is an activity normally licensed by the Trade

Licensing Unit, the Trading Licenses Unit shall be

entitled to change the type of licence in order to reflect

the actual commercial activity being carried out in the

retail outlet unless such a change requires a permit under

the Development Planning Act and, or clearance from

the health authorities

Provided that where such a change requires

a permit under the Development Planning Act

and, or a clearance from the health authorities, the

Trade Licensing Unit shall oblige the retail outlet to

immediately stop that commercial activity until such

permit or clearance is secured.

In regulation 53 of the principal regulations, immediately

after the words “under article 18” there shall be added the words

“and article 20”.

The First Schedule to the principal regulations shall be

amended as follows

(a) the figure “52.24(A)” and the corresponding

words “Retail sale of food, beverages (including alcoholic

beverages) and tobacco in specialised stores selling

predominantly bread, cakes, flour confectionery and sugar

confectionery” shall be deleted;

(b) the figure “52.24 (B)” and the corresponding

words “Retail sale of food, beverages (excluding alcoholic

beverages) and tobacco in specialised stores selling

predominantly bread, cakes, flour confectionery and sugar

confectionery” shall be deleted; and

(c) immediately after the figure “52.23” and the

corresponding words under the column “Type of licence”,

there shall be inserted the following

“52.24 Retail sale of food, beverages and tobacco

in specialised stores selling predominantly bread, cakes,

flour confectionery and sugar confectionery”.

In the Second Schedule to the principal regulations, Amends the Second

immediately after item (c) of sub-paragraph (1) of paragraph 08, Schedule

there shall be inserted the following

“(d) by the holder of a temporary licence granted

by the Commissioner of Police under the powers vested in

him by regulation 8 of the Shops for the Sale of Wine, Beer

or Spirituous Liquors (Licences, Good Order and Public

Decorum) Regulations, 1929.”.

Part II of the Third Schedule to the principal regulations

shall be amended as follows

(a)

the proviso to paragraph 03 thereof shall be

deleted;

(b) paragraph 09A thereof shall be deleted;

(c) in indent (h) of paragraph 10.1 thereof, for the

words “precision items:” there shall be substituted the words

“precision items.”;

(d)

the proviso to paragraph 10.1 thereof shall be

deleted;

(e) in indent (h) of sub-paragraph (2) of paragraph

2 thereof for the words “precision items:” there shall be

substituted the words “precision items.”;

(f) the proviso to sub-paragraph (2) of paragraph 10.2

thereof shall be deleted;

(g) in the column “Commercial activities” in paragraph

12 thereof for sub-paragraph (a) there shall be substituted the

following

“(a) Retail sale of food, beverages and tobacco in

specialised stores selling predominantly bread, cakes, flour

confectionery and sugar confectionery

Provided that the above commercial activity shall

not include the sale of alcohol between 9 p.m. and 4 a.m.”;

and

(h) in the column “Type Code” in paragraph 12 thereof

the figure “52.24(B)” shall be substituted with the figure

“52.24”.

€0.36