Trading Licences (Amendment) Regulations, 2012

L.N. 349 of 2012

TRADING LICENCES ACT

(CAP. 441)

Trading Licences (Amendment) Regulations, 2012

IN exercise of the powers conferred by article 17 of the Trading

Licences Act, the Minister for Fair Competition, Small Business and

Consumers, has made the following regulations:-

(1) The title of these regulations is the Trading Licences Citation and

(Amendment) Regulations, 2012 and these regulations shall be read commencement.

and construed as one with the Trading Licences Regulations,

hereinafter referred to as "the principal regulations".

(2) These regulations shall come into force on such date as the

Minister may by notice in the Gazette establish, and different dates

may be so established for different purposes and for different

provisions of these regulations.

(Regulation 18)

"FIRST SCHEDULE

[Regulations 2, 8(2), 9(2), 35C(4) and 35D(4)]

PART I

Activities requiring Application

Type of Licence

Manufacture of food products and beverages

Wholesale of food and beverages

Retail sale in non-specialised stores with food, beverages

and tobacco predominating

Retail sale in non-specialised stores in which food

products should not be predominant

Retail sale of food in specialised stores selling

predominantly fruit and vegetables

Retail sale of food in specialised stores selling

predominantly meat and meat products

Retail sale of food in specialised stores selling

predominantly fish, crustaceans and molluscs

Retail sale of food, beverages and tobacco in specialised

stores selling predominantly bread, cakes, flour

confectionery and sugar confectionery

Retail sale of food and beverages in specialised stores

selling predominantly alcoholic and other beverages

Retail sale of food and beverages in specialised stores

selling predominantly other food products not elsewhere

classified

Retail sale in specialised stores of beverages and food

not to be consumed on site where the food consists of

take away products which are pastry based i.e. having

pastry (flour dough and water) as the base or the major

component of the product such as pastizzi, pies,

timpanas, sausage rolls and pizza as well as

complementary food items such as rice balls and baked

macaroni

Other retail sale in specialised stores selling

predominantly flowers, plants, seeds, fertilisers, and pet

food

Street hawker of food (excluding prepared food),

beverages (excluding alcoholic beverages) and tobacco

products

Street hawker of food (including prepared food),

beverages (excluding alcoholic beverages) and tobacco

products

Street hawker of bread only

Street hawker of fruits and vegetables only

Street hawker of traditional Maltese nougat (qubbajt)

Street hawker of non-food and non-beverage items

Market hawker of food, beverages (excluding alcoholic

beverages) and tobacco products (Marsaxlokk (daily

open-air market except Sunday) or Valletta or it-Tokk

Victoria, Gozo)

Market hawker of food, beverages (excluding alcoholic

beverages) and tobacco products (all localities where a

market is established except those mentioned in

52.62C.1)

Market hawker of non-food and beverage products

(Marsaxlokk (daily open-air market except Sunday) or

Valletta or it-Tokk Victoria, Gozo)

Market hawker of non-food and beverage products (all

localities where a market is established except those

mentioned in 52.62C.1)

Event Catering: supply of prepared food

Retail sale by door-to-door sales persons of goods and

services (except sale of food and beverages) connected

to commercial activities licensed by the Trading

Licences Unit

Storage and Warehousing of food and beverages as a

commercial service

Activities of commercial fair, exhibition and congress

organisers

Auctioneers

Hairdressing

Activities of beauty treatment

Physical well being activities

PART II

Activities requiring Notification

Type of Licence

Manufacture of textile and textile products

Manufacture of wearing apparel, dressing and dyeing of

fur

Tanning and dressing of leather, manufacture of luggage,

handbags, saddlery, harness and footwear

Manufacture of wood and of products of wood and cork,

except furniture; manufacture of articles of straw and

plaiting materials

Manufacture of pulp, paper and paper products

Publishing, printing and reproduction of recorded media

Manufacture of chemicals and chemical products

excluding the manufacture of pharmaceuticals

Manufacture of rubber and plastic products

Manufacture of other non-metallic mineral products

Manufacture of base metal

Manufacture of fabricated metal products, except

machinery and equipment

Manufacture of machinery and equipment excluding the

manufacture of weapons, arms and ammunition

Manufacture of office machinery and computers

Manufacture of electrical machinery and apparatus not

elsewhere classified

Manufacture of radio, television and communications

equipment and apparatus

Manufacture of medical precision

and

optical

instruments, watches and clocks

Manufacture of motor vehicles, trailers and semi-trailers

Manufacture of other transport equipment

Manufacture of furniture

Manufacture of jewellery and related articles

The Arrangement of regulations shall be amended as Amends the

Arrangement of

follows

regulations.

(a)

immediately after the words and figures "Part I

Preliminary 1-4" there shall be added the words and figures

"Part IA General Provisions 4A-4E";

(b)

the words "Part IIIA Registration of Persons

carrying out a Commercial Activity 35A-35G" shall be deleted;

and

(c)

the words "Part III B" shall be substituted by the

words "Part III A" and the figure "35H" shall be substituted by

the figure "35A".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

immediately after the definition "the busker" there

shall be added the following new definition

" "commencement date of the commercial activity"

means, in the case of a manufacturing activity, the first day

of production, in the case of a wholesale and, or retail

activity the day when the first sale is made and in the case

of provision of services the day when the first service for a

charge is provided;";

(b)

immediately after the definition "commencement

date of the commercial activity" there shall be added the

following new definition

" "date of the ceasing of operations" means, in the

case of a manufacturing activity as well as in the case of a

wholesale and, or retail activity, the day when the last sale

is made while in the case of provision of services it means

the day when the last service for a charge is provided;";

(c)

immediately after the definition "date of the

ceasing of operations" there shall be added the following new

" "door-to-door seller" means a person who offers

the provision or supply of any type of goods or services in

connection with commercial activities licensed by the

Trading Licences Unit by means of a doorstep contract,

whether the offer is unsolicited by the person to whom it is

made, or is solicited by the latter person in response to any

advertisement, but does not include vendors of food stuffs

and drinks who sell their goods from door-to-door;";

(d)

immediately after the definition "Farmers’ Market"

there shall be added the following new definition

" "form" means both a paper form and a form in an

electronic format;";

(e)

immediately after the definition "form" there shall

be added the following new definition

" "licence" or "trading licence" means a licence or

trading licence pursuant to article 10 of the Act;";

(f)

immediately after the definition "market hawker"

there shall be added the following new definition

" "Member State" means a member state of the

European Economic Area;";

(g)

immediately after the definition "open-air market"

there shall be added the following new definition

" "person" means a natural or legal person;";

(h)

immediately after the definition "person of the

legal profession" there shall be added the following new

definition

" "street" shall have the same meaning

assigned to it in the Activities Requiring

Permit by Local Councils Regulations;"; and

(i)

the definition "Trade Licensing Unit" shall be

substituted by the following new definition

" "Trade Licensing Unit" means the unit within the

Commerce Department responsible for trade licensing and

includes the public officer responsible for trade within the

Department and, to the extent of any authority given,

includes any other officer within the Department.".

Regulation 4 of the principal regulations shall be Substitutes

regulation 4 of

substituted by the following new regulation

the principal

regulations.

" Designation

4. For the purpose of article 3 of the

of regulatory

Act, the Minister has designated the Trade

authority.

Licensing Unit as the regulatory authority

responsible to issue trading licences in respect

of commercial activities listed in Schedule I

and other activities which as result of the Act

or the regulations require a licence from the

Trading Licensing Unit.".

Immediately after Part I of the principal regulations, there Adds new Part

and new

shall be added the following new Part and new regulations

regulations to

the principal

regulations.

"Part IA

General Provisions

4A. A trading licence shall not be

When a trading

licence is not

required

required.

(a)

when a person is in

possession of a farmer’s log book and is

selling his own produce from his own

field or premises within such field;

(b)

when a person, in any street

or public area in a locality on any

special or specific day or days, wishes

to

(i) hold a public show, or

other public entertainment or

similar activity;

(ii) place and, or host a

vending machine;

(iii) hold a commercial

fair or commercial exhibition;

(iv) hold an exhibition as

defined in the Act

Provided that the participants of a

commercial fair or a commercial exhibition

shall be licensed persons except in the case

where the activities are exempted from the

need of a licence under any law

Provided further that activities referred

to in sub-paragraphs (i) to (iv) shall not be

held without a relevant permit from the Local

Council, or any other permit required by any

other applicable law.

4B. A person who, on any special or

Permit of

Commissioner

specific day or days, holds -

of Police.

(a)

a procession or any other

activity not mentioned in regulation

4A(2) held in a public place in the

context of a feast, and, or any band

march, disco, ball, dance or any other

similar activity, irrespective of the name

by which it is called; or

(b)

a sporting activity which is

organised across more than one locality

or on a national basis; or

(c)

any activity organised by a

political party,

shall only require a relevant permit from the

Commissioner of Police.

4C. When a person has been granted a

When an

additional

relevant permit by the Local Council or by the

permit and

licence are not

Commissioner of Police, for the carrying out

required.

of an activity falling under regulations 4A(2)

and 4B and the relevant permit includes an

authorisation for the setting up of temporary

stalls or kiosks or the exercise of a

commercial activity, that person shall not

require an additional permit from the Local

Council or a licence from the Trade Licensing

Unit for the setting up of stalls or kiosks or

the exercise of a commercial activity included

in the permit.

4D. (1)

A trading licence or any

Street

performers.

other authorisation from the Trading Licences

Unit shall not be required when a person or a

group of persons of not more than six persons

in a street or in any other public place, play a

musical instrument or instruments or perform

a song, mime, statue, dancing or other

creative routine or performance and collect

any voluntary donations from passers-by who

stop to watch their performance.

(2)

Activities referred to in sub-

regulation (1) may not be performed where

and when

(a)

they create an obstruction

to the entrance to private or public

premises or to any nearby activity; and,

or

(b)

the noise level they create

is a nuisance to any nearby private or

public premises or activity

Provided that a police officer may, on

the basis of non-conformity with sub-

regulations (1) and (2) or for reasons of public

order, public safety or public morality, direct

that such performance be stopped or that it be

held at an alternative location

Provided further that a street performer

or performers forming part of an activity

referred to under regulation 4B shall be

permitted to put up their performance if the

street performer or performers have been

granted a relevant permit by the

Commissioner of Police.".

Regulation 5 of the principal regulations shall be amended

(a)

the marginal note thereof shall be substituted by the

following new marginal note

"Commercial

activities

requiring

a

trading

licence.";

(b)

sub-regulations (4), (5) and (5A) thereof shall be

renumbered as sub-regulations (8), (9) and (10) respectively;

(c)

in paragraph (b) of sub-regulation (9) thereof, as

renumbered, for the words "in sub-regulation (4)" there shall be

substituted the words "in sub-regulation (8)";

(d)

in sub-regulation (10) thereof, as renumbered, for

the words "in sub-regulation (5)(b)" there shall be substituted

the words "in sub-regulation (9)(b)";

(e)

sub-regulations (6) and (7) thereof shall be deleted;

(f)

sub-regulations (1) to (3) thereof shall be

substituted by the following new sub-regulations

"(1) Without prejudice to regulations 3, 4A, 4B,

4C and 4D, or any other exemption or arrangement as the

Minister may prescribe pursuant to article 10 of the Act, no

person shall carry out a commercial activity listed and, or

referred to in the First Schedule, without a licence issued

or deemed to be issued by the Trade Licensing Unit in

terms of the Act and these regulations.

(2) For the purposes of this regulation, a person

who holds a valid licence issued by the Commissioner of

Police prior to the coming into force of the Act shall be

considered to hold a valid licence under this regulation.

(3)

The description of the licensed commercial

activity may from time to time be changed by the Trading

Licences Unit to reflect changes in classification

Provided that there shall be no changes to the

conditions of the licence unless such changes are enabled

through these regulations or such regulations as may be

prescribed.

(4) An application for a trading licence in order

to carry out a commercial activity falling under Part 1 of

the First Schedule shall be made to the Trade Licensing

Unit on the appropriate form and be accompanied by

documents and information as required by these

regulations

Provided that the Trade Licensing Unit may request

any additional document and information as reasonably

and objectively justified

Provided further that an applicant for a trading

licence to carry out a commercial activity falling under

Part 1 of the First Schedule shall not commence the

relevant commercial activity before a formal licence is

issued by the Trade Licensing Unit.

(5) A person who wishes to carry out or is

carrying out a commercial activity listed in Part 2 of the

First Schedule shall submit a notification to the Trade

Licensing Unit on the appropriate form in respect of the

commencement of the relevant commercial activity

Provided that the Trade Licensing Unit may request

any additional document and information as reasonably

and objectively justified

Provided further that failure to submit notification

or any of the required or requested documents and

information within thirty days from the commencement

date of the commercial activity shall be considered an

offence against the Act and these regulations.

(6) A person who completes the notification

procedure as required by sub-regulation (5) shall, for the

purposes of this regulation, be deemed to be licensed to

carry out the relevant commercial activity and the receipt

issued in respect of the fees paid shall serve as proof of

such notification

Provided that a licence certificate shall be issued

by the Trading Licence Unit in due course.

(7) A licence shall be deemed null ab initio if it

transpires that requirements of the application or

notification procedure have not been fulfilled or the

information or the documentation submitted was false or

incorrect

Provided that no refund of any fees paid shall be

made in such cases.".

Regulations 6 to 9 of the principal regulations shall be

substituted by the following new regulations

" Applicant’s

6. (1)

A natural person shall be

eligibility.

eligible to carry out a commercial activity

listed and, or referred to in the First Schedule,

provided that such person is

(a)

of a legal age to carry out

such activity; and

(b)

a citizen of Malta or of a

Member State.

(2) A legal person shall be eligible to

carry out a commercial activity listed and, or

referred to in the First Schedule

Provided that the legal person is

registered in Malta, or incorporated under the

law of a Member State, or have its statutory

domicile, central administration or main place

of business in a Member State.

(3) Any other natural person who is

not a citizen of Malta or of a Member State

shall be eligible to carry out a commercial

activity listed and, or referred to in the First

Schedule, provided that such person

(a)

is of a legal age to carry out

such activity; and

(b)

is in possession of a valid

work permit issued by the Employment

Training Corporation or competent

authority vested with the remit to issue

such permit

Provided that the permit specifically

allows the carrying out of the commercial

activity indicated in the relevant application

or notification form.

(4) Where the commercial activity is

to be carried out from commercial premises,

the owner or the person holding title of the

said premises shall be in possession of the

relevant permits issued by the Malta

Environment and Planning Authority

allowing the commercial activity for which

the application or notification is being made,

to be carried out from the said premises.

(5) Where applicable, the person

carrying out the commercial activity, and, or

his employees, shall possess the required

qualifications as it may be prescribed.

7. (1)

An

application

or

Information,

documents and

notification submitted in terms of regulation 5

fees to be

submitted with

shall include

the application

and

(a)

the name and address of the

notification.

applicant who shall be carrying out the

commercial activity;

(b)

proof of identification that,

in the case of a Maltese citizen, shall be

the identity card number. and in the case

of a non-Maltese citizen shall be a copy

of his valid passport or identity card;

(c)

in the case of a legal entity,

its name, country of incorporation and

registration number;

(d)

the Value Added Tax

registration number where the issue of

such is not exempted by law;

(e)

the

nature

of

the

commercial activity that is intended to

be carried out as provided in the First

Schedule;

(f)

where the commercial

activity is to be carried out from

commercial premises

(i) the address of such

premises,

(ii) the class number and

commercial activity allowed from

such premises by the national

building authority; and

(iii) the number of the

relevant building permit allowing

such an activity to take place from

premises in question

Provided that in the case of an

application or a notification for the carrying

out of a commercial activity from a site

allocated by Malta Enterprise, the submission

of such Building Permit Number shall not be

required and, in such case, the reference

number of the Letter of Intent issued by Malta

Enterprise shall be provided with the

application or notification

Provided further that if the commercial

premises was constructed prior to 2001, the

submission of such Building Permit Number

shall also not be required and, in such case,

the applicant has to prove that a similar

commercial activity to that referred to in the

notification or application had been licensed

to operate before 2001 and had remained in

operation until at least up to three years prior

to the application.

(2) Where

the

notification

or

application is submitted in respect of a

commercial activity to be carried out by a

legal person, the notification or application

shall be made by its duly authorised legal

representative or representatives.

(3) A notification or application

submitted by a legal person shall also be

accompanied by

(a)

a declaration by the

shareholders, and, or the Board of

Directors certifying that the person

submitting the form is authorised to do

so on behalf of the legal person; and

(b)

where

applicable,

a

certificate or attestation that the

applicant, or the person carrying out the

relevant commercial activity, and, or his

employees, possess the required

qualifications.

(4) An application and a notification

shall be submitted with the applicable licence

fee

Provided that the respective licence fee

minus any administration fee shall be

refunded where a licence in respect of a

commercial activity listed in Part 1 of the

First Schedule is refused

Provided further that in the case where a

licence that is deemed to be issued in respect

of a commercial activity listed in Part 2 of the

First Schedule is annulled, the amount of the

fee paid that shall be refunded shall be

proportionate to the full quarters of the year

not yet passed.

(5) Applications

in

respect

of

commercial activities operating from a

commercial premises, involving -

(a)

the handling of food

products or beverages, or

(b)

hair

dressing,

beauty

treatment, fitness or physical well being

activities,

shall also be accompanied by a certificate

issued by the relevant authority, stating that

the commercial premises comply with all

sanitary and food safety requirements and that

they are fit to start operating

Provided that where the activity

involves the storage of grain, the application

shall also be accompanied by a certificate of

compliance with the Plant Quarantine

(Harmful Organisms) Regulations, to be

issued by the Plant Health Department and

with any other relevant regulations which

may from time to time be in force.

(6) Any natural person who is not a

citizen of Malta or of a Member State shall

together with the application or notification

form also submit a permit issued by the

Employment Training Corporation to carry

out the specific commercial activity indicated

in the said application or notification form.

(7) In the case where the person

making the application or notification is not

the owner, or otherwise the title-holder of the

premises from where the commercial activity

is to be carried out, it shall be the

responsibility of the person making the

application or notification to obtain, in

advance, the written permission from the

owner or otherwise the title-holder of the

premises in order to carry out the relevant

commercial activity and the Trade Licensing

Unit shall not verify whether such permission

has been obtained or not.

(8) A licence granted or deemed to be

granted by the Trade Licensing Unit

following an application or notification to

carry out the relevant commercial activity

shall not be interpreted and construed as

(a)

a right of ownership or

tenure; or

(b)

a permission to conduct

such activity from the premises in

question if such activity from the said

premises is prohibited by the Malta

Environment and Planning Authority.

(1)

The Trade Licensing Unit

Processing of

application.

shall, without delay, acknowledge receipt of

an application and receipt of the applicable

licence fee in writing to the applicant and

shall specify

(a)

the periods mentioned in

sub-regulations (2) and (3) within which

the Trade Licensing Unit shall

determine the application;

(b)

the procedure under which

a refusal by the Trade Licensing Unit to

grant a licence may be appealed in terms

of the Act

Provided that an application form shall

not be deemed to be complete unless the

Trade Licensing Unit is in receipt of all the

documentation required to be submitted

together with the application form and, or

certification of compliance with all applicable

requirements, including those emanating from

other laws.

(2) The Trade Licensing Unit shall

within ten working days from the date of

receipt of an application form

(a)

inform the applicant of the

need to supply any additional

information or documentation in the

case of an incomplete application form,

or

incomplete

information

or

documentation, to the Trade Licensing

Unit, or

(b)

issue the licence subject to

any conditions it may deem fit; or

(c)

refuse the application for a

licence giving its reasons for such

refusal

Provided that in the case of an

application by a natural person to act as an

auctioneer the Trade Licensing Unit shall

within ten working days notify the

Auctioneers Board of the application and

within ten working days from being notified

of the Auctioneers Board’s decision

determine whether or not to issue a licence to

the applicant

Provided further that in the case of an

application for a licence by a legal person for

commercial activity involving auctioneering,

a licence shall be issued subject to the

condition that the persons who will be

conducting the auction will be licensed to act

as auctioneers.

(3) The period mentioned in sub-

regulation (2) may, prior to its expiry, be

extended by the Trade Licensing Unit for one

period of not more than ten working days.

Such extension and the reasons therefor shall

be notified to the applicant without delay.

(4) Where the Trade Licensing Unit

has not determined whether to issue a license

to an applicant, within the periods mentioned

in sub-regulation (2), or when extended,

within the extended period mentioned in sub-

regulation (3), the applicant may appeal

before the Licences Appeal Board. The Board

may direct the Trading Licences Unit to

determine whether or not to issue the licence

within a stipulated time.

(1)

The Trade Licensing Unit

Processing of

notification.

shall, as soon as possible, acknowledge

receipt of a notification made in terms of

regulation 5(4) and the applicable licence fee

in writing to the applicant.

(2) In the case of an incomplete

notification form, or incomplete information

or documentation, the Trade Licensing Unit

shall, without delay, inform the person

making the notification of the need to supply

any additional information or documentation,

and the Trade Licensing Unit shall not

consider the notification to have been made

unless the Trade Licensing Unit receives a

complete notification form or the required

documentation or information

Provided that a notification form shall

not be deemed to be complete unless the

Trade Licensing Unit is in receipt of all the

documentation required to be submitted

together with the notification form and

permits or certificates of compliance

including those emanating from other laws

Provided that the Trade Licensing Unit

may request further documentation or

information at any time during the validity of

the licence.".

8. Sub-regulation (1) of regulation 12 of the principal

regulations shall be substituted by the following new sub-regulation

"(1) Any licence under the Act for a commercial

activity shall, unless otherwise specified in the Act, be subject

to the payment of a fee payable on filing of the application or

notification, as the case may be, and annually thereafter

Provided that once a bill for renewal of the licence in

respect of a commercial activity has been issued by the Trading

Licences Unit, the fee should be paid within forty days

Provided further that no commercial activity may be

carried out unless all licence fees due in respect of that activity

for the preceding years have been paid.".

9. Regulations 16 to 19 of the principal regulations shall be Substitutes

regulations 16

substituted by the following new regulations

to 19 of the

principal

regulations.

" Cancellation

(1)

A license may be cancelled

at the request

by the Trade Licensing Unit at the request of

of the licensee.

the licensee or the request of a person

authorized to so act on his behalf.

(2) In the case of a cancellation at the

request of the licensee, such request shall be

made on the appropriate form and

accompanied by the relevant fee.

(3) The cancellation of a licence issued

in respect of a commercial activity by a

natural person shall only require the consent

of that person.

(1)

When

processing

an

Payment of

arrears.

application for cancellation, the Trade

Licensing Unit shall notify the licensee of any

arrears due and the licensee shall have sixty

days to pay the arrears in question from the

date of such notification

Provided that if the arrears are not paid

within sixty days from the date of

notification, the Trade Licensing Unit shall

serve the debtor with a judicial act stating that

payment is to be effected within the period

stated therein

Provided further that no such judicial

action shall be taken if the licensee provides

within the same time period reasons which, in

the opinion of the Trade Licensing Unit, are

satisfactory as to why such arrears should not

be paid.

(2) The licence shall be cancelled as

from the date of the receipt of the application

for cancellation, subject to the submission of

the relevant application and fee, irrespective

of any arrears owed.

(1)

A licence may be also

Cancellation in

circumstances

cancelled by the Trade Licensing Unit in the

other than

regulation 16.

following circumstances

(a)

in the case of a licence

issued in respect of a natural person,

when it becomes aware of proof of the

decease of said person; or

(b)

in the case of a licence

issued in respect of a natural person,

when it becomes aware of proof that the

commercial

activity

has

ceased

operations; or

(c)

in the case where the

license was issued in respect of a legal

person when it becomes aware of proof

of dissolution of said legal person; or

(d)

in the case where it

becomes aware that the premises are no

longer used for the same commercial

activity for which it was licensed; or

(e)

n the case where the

licensee has failed for four consecutive

calendar years to settle the licence fee;

or

(f)

in cases where it transpires

that the formalities required for the

issuing of a licence were not complied

with as a result of false or incorrect

documentation or information being

submitted at the application or

notification stage

Provided that no refund of fees will be

effected for the period during which the

activity was deemed to have been licensed.

(2) The effective date of cancellation

shall be

(a)

in the case of the decease of

a licensed natural person, from the day

following the date of decease;

(b

in the case of a commercial

activity by a licensed natural person that

has ceased operations, from the day

following the date of the cessation of

operations;

(c)

in the case of dissolution of

the legal person, from the day following

the date of dissolution of the said legal

person;

(d)

in the case where the

licensee has failed for four consecutive

calendar years to renew his licence,

from the 1st of January of the following

year where the reasons are not those

stipulated in paragraphs (a), (b) and (c);

(e)

in the case where the

premises are no longer used for the same

commercial activity for which it was

licensed, from the day where it is proven

that such use ceased.

(3) In all cases before taking a

decision, the Trading Licences Unit shall first

write to the licensee who shall be given thirty

working days to reply

Provided that if after thirty working

days no reply is received, the Trading

Licences Unit may proceed with its decision

Provided further the Trading Licence

Unit need not write to the licensee if the

licensee initiates the process for cancellation.

A licence shall not be transferable

Licence non-

transferable.

Provided these regulations shall not

apply with regard to any application for

transfer submitted prior to the coming into

force of the amendments made by the Trading

Licences (Amendment) Regulations, 2012.".

10. Regulation 20 of the principal regulations shall be Amends

regulation 20 of

amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by

the following new sub-regulation

"(1) The licence shall be issued for a term of one

year and shall be automatically renewable subject to the

continued compliance with the requirements of the Act and

of these regulations including the payment of the relevant

fee applicable thereto as shown in the Sixth Schedule

Provided that in case of licences for a commercial

activity to be carried out in Gozo, the relevant fee

applicable shall be subject to a further reduction of twenty

five per cent (25%)."; and

(b)

sub-regulation (3) thereof shall be substituted by

the following new sub-regulation

"(3) The fees applicable to licensed commercial

premises used for manufacturing purposes shall continue

to apply in those cases where they were lower then those

contained in Schedule 7 immediately prior to the coming

into force of the amendments made by the Trading

Licences (Amendment) Regulations, 2012.".

11. Regulation 33 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by

the following new sub-regulation

"(1) No activity commonly known as a car boot

sale, selling second hand items, shall be carried out in any

public or private place without a licence issued by the

Trade Licensing Unit

Provided that if it is carried out in any street it shall

also require the consent of the Local Council and the

Police.";

(b)

sub-regulation (2) thereof shall be deleted; and

(c)

sub-regulations (3) and (4) shall be renumbered as

sub-regulations (2) and (3) respectively.

12. Regulation 34 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by

the following new sub-regulation

"(1) No person shall organise or allow to be

organised from a premises a commercial fair, or the

commercial exhibition, of goods or services, which could

be sold to the public at the location of the commercial fair

or commercial exhibition or from another location, unless

a licence has been issued specifically for such an activity

from the Trade Licensing Unit, and referred to as a

commercial fair licence or as a commercial exhibition

licence, as the case may be

Provided that an exemption from the payment of

the respective licence fee may be sought from the Trade

Licensing Unit if it can be proven that the event in question

is being organised entirely for a charitable cause.";

(b)

sub-regulation (2) thereof shall be substituted by

the following new sub-regulation

"(2) Any commercial fair or a commercial

exhibition licensed in accordance with sub-regulation (1)

may only be held from a licensed retail premises or any

premises licensed to host fairs or exhibitions."; and

(c)

sub-regulation (4) thereof shall be substituted by

the following new sub-regulation

"(4) The licence for a commercial fair or

commercial exhibition issued by the Trading Licences Unit

shall be valid for seven consecutive days including

Sundays and Public Holidays except Good Friday

Provided that any commercial fair or commercial

exhibition organised for more than seven consecutive days

shall require a separate licence

Provide further that licences issued consecutively

for the same commercial fair and commercial exhibition

from the same location shall not exceed thirty days.".

13. Part IIIA and regulations 35A to 35G of the principal Deletes Part

IIIA and

regulations shall be deleted.

regulations 35A

to 35G of the

principal

regulations.

14. Immediately after regulation 35 of the principal Renumbers Part

regulations, for the words "Part III B" there shall be substituted the III

regulation 35H

words "Part III A" and regulation 35H shall be renumbered as of

regulations.

regulation 35A.

15. Regulation 36 of the principal regulations shall be Amends

regulation 36 of

amended as follows

the principal

regulations.

(a)

sub-regulations (3) and (4) thereof shall be

renumbered as sub-regulations (4) and (5); and

(b)

immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulation

"(3) On the occasion of an event of a cultural,

social or commercial nature held in any locality, there shall

be an exemption from business hours if the event has been

approved by the Commissioner of Police and the Local

Council where the event is proposed to be held

Provided that the Minister may direct that an event

shall not be held on the grounds of public safety or public

policy reasons.".

16. In paragraph (k) of regulation 50 of the principal

regulations, for the words "shall be €232.94." there shall be

substituted the words "shall be €230;" and immediately thereafter

there shall be inserted the following new paragraph

"(l)

the fee payable in relation to a licence in respect of

commercial activity which consists of a service performed at a

location demanded by the customer shall be €50 and payable

with the submission of the application or notification as the case

may be and annually thereafter. This shall apply also to

registrations of commercial activities which had taken place

prior to the coming into force of the amendments made by the

Trading Licences (Amendment) Regulations, 2012

Provided that once a bill for renewal of the licence in

respect of a commercial activity has been issued from the

Trading Licences Unit the fee should be paid within forty days

Provided further that no commercial activity may be

carried out unless all licence fees due in respect of that activity

for the preceding years have been paid.".

17. Regulation 51 of the principal regulations shall be deleted.

18. The First Schedule to the principal regulations shall be

substituted by the new schedule set out in the Schedule to these

regulations.

19. The last paragraph of Section 02 of Part1 of the Third

Schedule of the principal regulations shall be deleted.

The Sixth Schedule to the principal regulations shall be

deleted.

The Seventh Schedule to the principal regulations shall be Amends the

renumbered as the Sixth Schedule thereof, and it shall be amended as Seventh

Schedule to the

follows

principal

regulations.

(a)

the words "Commercial premises used for

manufacturing purposes shall pay a fee equivalent to 5% of

rental value subject to minimum fee of €46.59." and "Other

commercial premises shall pay the following fees:" shall be

deleted;

(b)

the figures "€69.88", "€139.76" and "€419.29"

shall be substituted by the figures "€70", "€140" and "€420"

respectively; and

(c)

for the words "5% of rental value subject to a

minimum fee of not less than €1,164.69" there shall be

substituted the figure "€1,000".

Manufacture of musical instruments

Manufacture of sports goods

Manufacture of games and toys

Miscellaneous manufacturing activities not elsewhere

classified

Recycling including scrap yards

The offering of construction services or the renting of

equipment, plant and machinery related with such

services

Sale of motor vehicles and motorcycles

Maintenance and repair of motor vehicles

Sale of motor vehicles parts and accessories

Sale, maintenance and repair of motorcycles and related

parts and accessories

Wholesale of household goods excluding pharmaceutical

products

Wholesale of non-agricultural intermediate products,

waste and scrap

Wholesale of machinery, equipment and supplies

Other wholesale (excluding food and beverages)

Retail sale in specialised store selling predominantly

tobacco products

Retail sale in specialised store selling predominantly

medical and orthopaedic goods

Retail sale in specialised store selling predominantly

cosmetics and toiletries

Retail sale in specialised store selling predominantly

textiles

Retail sale in specialised store selling predominantly

clothing

Retail sale in specialised store selling predominantly

footwear and leather goods

Retail sale in specialised store selling predominantly

furniture, lighting equipment and other household

articles

Retail sale in specialised store selling predominantly

electrical household appliances and radio and television

goods

Retail sale in specialised store selling predominantly

hardware, paints and glass

Retail sale in specialised store selling predominantly

books, newspapers and stationery

Other retail sale in specialised stores selling

predominantly office equipment, computers and non-

customised software

Other retail sale in specialised stores selling

predominantly photographic, optical and precision

equipment

Other retail sale in specialised stores

selling

predominantly telecommunications equipment

Activities of opticians

Other retail sale in specialised stores

selling

predominantly wallpaper and floor coverings

Other retail sale in specialised

stores

selling

predominantly carpets and rugs

Other retail sale in specialised stores

selling

predominantly watches, clocks and jewellery

Other retail sale and maintenance in specialised stores

selling predominantly sports goods, fishing gear,

camping goods, boats and bicycles

Other retail sale in specialised

stores

selling

predominantly games and toys

Other retail sale in specialised stores selling

predominantly souvenirs, craftwork and religious articles

Other retail sale in specialised

stores

selling

predominantly stamps and coins

Other retail sale in specialised stores selling

predominantly non-food products not elsewhere

classified

Retail sale of second hand goods in stores

Retail sale not in stores: retail sale via mail order houses

or through the internet

Repair of personal and household goods

Cargo handling

Storage and Warehousing as a commercial service

(excluding food and beverages)

Activities of other transport agencies

Post and courier activities

Real estate activities

Letting of property and halls for weddings and other

receptions

Renting of machinery and equipment without operator

and of personal and household goods excluding the

renting of automobiles and other land, air or sea

transport equipment

Computer services and related activities

Research and development

Book-keeping

Market research and opinion polling

Business and management consultancy activities

excluding public relations and communications

Public Relations and Communications

Management activities of holding companies

Technical testing and analysis

Advertising

Labour recruitment and provision of personnel

Industrial cleaning

Photographic activities

Packaging activities

Secretarial and translation services

Call centre activities

Other professional and business activities not elsewhere

classified

Activities of instructors of music, crafts, sports and other

leisure activities

Motion picture and video activities

Radio and television activities

Other entertainment activities (excluding any gambling

or betting activities)

News agency activities

Library, archives, museums and other cultural activities

Sporting activities excluding water sports and hunting

and betting

Other recreational activities excluding gambling and

betting activities

Washing and dry cleaning of textile and fur products

Funeral and related activities

Other social and personal service activities not elsewhere

classified (excluding any gambling or betting

activities)".

€2.70