Trading Licences (Amendment) (No. 4) Regulations, 2011

VER|JONI ELETTRONIKA

L.N. 96 of 2011

TRADING LICENCES ACT

(CAP. 441)

Trading Licences (Amendment) (No. 4) 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 Citation.

(Amendment) (No. 4) Regulations, 2011, and these regulations shall

be read and construed as one with the Trading Licences Regulations, S.L. 441.07.

hereinafter in these regulations referred to as "the principal

regulations".

In regulation 2 of the principal regulations, immediately Amends

after the definition "the Act" there shall be added the following new regulation

the principal

definition

regulations.

" "alcoholic beverage" means an alcoholic

beverage falling under headings 22.03, 22.04,

05, 22.06, 22.07 and 22.08 of the Customs

Tariff as set out in the First Schedule to the

Import Duties Act;".

3. Immediately after sub-regulation (3) of regulation 5 of the Amends

principal regulations, there shall be addeed the following new sub- regulation

the principal

regulations

regulations.

"(4) It shall not be possible to apply for or use, more than

one of the following licences, from the same premises

(a) a licence for a commercial activity which

consists of, or includes, retail sale of food, beverages

(including alcoholic beverages) and tobacco in specialised

stores selling predominantly bread, cakes, flour

confectionery and sugar confectionery;

(b) a licence for a commercial activity which

consists of or includes retail sale of food, beverages

(excluding alcoholic beverages) and tobacco in specialised

stores selling predominantly bread, cakes, flour

confectionery and sugar confectionery;

(c)

any other licence for any other commercial

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activity.

(5) All licence holders which, at the date of coming into

force of these regulations, are licensed as confectionaries or

under type code 52.24 shall have until the 31st May 2011 to

choose between type code 52.24(A) and 52.24(B) and to notify

in writing the Trading Licences Unit

Provided that licence holders who do not effect such

choice shall be, as from that date, considered to hold a type code

24(B) licence

Provided further that the licence holders referred to above

may at any time apply to the Trade Licensing Unit to change

from type code 52.24(A) to type code 52.24(B) or from type

code 52.24(B) to type code 52.24(A).".

4. The First Schedule to the principal regulations shall be

amended as follows

(a)

the figure "52.24" and the corresponding words

"Retail sale of food in specialised stores selling predominantly

bread, cakes, flour confectionery and sugar confectionery" shall

be deleted; and

(b) immediately after the figure "52.23" and the

corresponding words under the column "Type of Licence", there

shall be added the following

"52.24 (A

Retail sale of food, beverages

(including alcoholic beverages) and

tobacco in specialised stores selling

predominantly bread, cakes, flour

confectionery

and

sugar

confectionery

52.24 (B)

Retail sale of food, beverages

(excluding alcoholic beverages) and

tobacco in specialised stores selling

predominantly bread, cakes, flour

confectionery

and

sugar

confectionery".

5. The Second Schedule to the principal regulations shall be

amended as follows

(a)

for paragraph 07 thereof there shall be substituted

the following

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"07 No alcohol and no tobacco products shall be

sold to persons under the age of seventeen years.";

(b) paragraphs 08 to 13 shall be renumbered as

paragraphs 09 to 14 respectively;

(c)

immediately after paragraph 07 there shall be added

the following new paragraph

"08. (1) Between 9.00p.m. and 4.00a.m.

of the following day, alcoholic beverages shall

only be sold or served for consumption on the

premises where they are sold as follows

(a) by premises licensed as clubs

under the Police Licences Regulations;

(b) at wedding halls;

(c) by commercial premises

licensed by the Malta Tourism Authority

as catering establishments where the

primary purpose is the sale of food and

alcoholic beverages to be consumed on

the premises.

(2) The sale or serving of alcoholic

beverages by street hawkers and by market

hawkers is prohibited at all times.

(3) The storing of alcoholic beverages at

commercial premises having a licence which

does not permit the selling of alcoholic

beverages is prohibited."; and

(d)

paragraph 14 as renumbered shall be deleted.

6. Part II of the Third Schedule to the principal regulations Amends the

Third Schedule

shall be amended as follows

to the principal

regulations.

(a) immediately after paragraph 03, there shall be added

the following proviso

"Provided that the opening times may only be

between 4.00a.m. and 9.00p.m., and may not be extended

in the circumstances indicated in regulation 38, in the case

of catering establishments where the principal activity is

the sale of food for consumption off the premises and

where alcoholic beverages are also sold from the same

establishments.";

(b)

immediately after paragraph 09, there shall be added

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the following new paragraph

"09A. Food, beverages (including alcoholic

beverages) and tobacco in specialised stores selling

predominantly bread, cakes, flour confectionery and sugar

confectionery.

Notwithstanding the provisions of Part I of this

Schedule, commercial premises licensed for the retail sale

of food, beverages (including alcoholic beverages) and

tobacco in specialised stores selling predominantly bread,

cakes, flour confectionery and sugar confectionery under

paragraph 52.24 (A) of the First Schedule may open for

business on a Sunday or any other public holiday from

6.00a.m. to 7.00p.m.";

(c)

immediately at the end of paragraph 10.1 there shall

be added the following proviso

"Provided that commercial premises selling the

above items and any alcoholic beverages may not operate

after 9.00 p.m.";

(d) immediately at the end of sub-paragraph (2) of

paragraph 10.2 there shall be added the following proviso

"Provided that commercial premises selling the

above items and any alcoholic beverages may not open

after 9.00p.m."; and

(e)

in sub-paragraph (a) of paragraph 12, under

Commercial Activities, for the words "(a) The predominant sale

of bread, cakes, flour confectionery and sugar confectionery"

there shall be substituted the words "Retail sale of food,

beverages (excluding alcoholic beverages) and tobacco in

specialised stores selling predominantly bread, cakes, flour

confectionery and sugar confectionery", and under Type Code,

for the figure "52.24" there shall be substituted the figure

"52.24B".

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