Trading Licences (Amendment No. 3) Regulations, 2012

L.N. 475 of 2012

TRADING LICENCES ACT

(CAP. 441)

Trading Licences (Amendment No. 3) 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:-

The title of these regulations is the Trading Licences

(Amendment) (No. 3) Regulations, 2012 and these regulations shall

be read and construed as one with the Trading Licences Regulations,

hereinafter referred to as "the principal regulations".

In regulation 2 of the principal regulations, immediately

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

definition

" "ailing parents, spouse or children" means parents,

spouse, son or daughter who are ill;".

Regulation 7 of the principal regulations shall be amended

as follows

(a)

the second proviso to sub-regulation (1) thereof

shall be deleted;

(b)

sub-regulations (2) to (8) thereof shall be

renumbered as sub-regulations (3) to (9) respectively; and

(c)

immediately after sub-regulation (1) thereof, there

shall be added the following new sub-regulation

"(2) When a person submits an application or

a notification in respect of a commercial activity

from a commercial premises which was constructed

prior to 2001, the citation of a relevant Building

Permit Number shall not be required on the form

Provided that in such case, the applicant has

to prove that a commercial activity which is the

same as that indicated in the Application or

Notification Form had been licensed to be carried

out from the said premises and the relevant trading

licence had been paid and renewed up to at least

three years prior to the application or notification

Provided further that where the commercial

activity cited on the Application Form or on the

Notification Form is different from or more

extensive than that which had been licensed, the

form needs to be accompanied by a document

wherein it is certified by an architect or civil

engineer that such a change or extension does not

require a permit under the Development Planning

Act.".

Regulation 28 of the principal regulations shall be Substitutes

regulation 28 of

substituted by the following

the principal

regulations.

(1)

A street or market hawker may

appoint one other individual as his or her substitute

by making an application for a licence to the Trade

Licensing Unit, so that the substitute shall carry out

such activity which for any reason the street or

market hawker cannot carry out himself.

(2) The substitute may act in the absence of

the licensee for a period of not more than one

month in the aggregate within the licence period of

one year provided that he or she has been given a

licence by the Trade Licensing Unit to act as a

substitute street hawker or a substitute market

hawker

Provided that an appointed substitute may

further apply with the Trade Licensing Unit to carry

out the licensed activity

(a)

for any period of time during

which the licensee is ill;

(b)

for any period of time during

which the licensee is taking care of ailing

parents, spouse or children;

(c)

for any period of time during

which the licensee is taking care of a parent,

spouse, son or daughter who are registered as

a disabled person with the National

Commission for Persons with Disability

(KNPD);

(d)

where the licensee is pregnant,

during the time of the pregnancy;

(e)

where the licensee gives birth or

adopts a child, for a period of up to two years

from the date of birth or from the date of

adoption respectively;

(f)

where the licensee is fostering a

child, for a period of one year from the date

the fostering takes place or until the fostering

ceases, whichever is the earlier.

(3) The application for a substitute hawker

shall have the following information

(a)

the name and Identity Card

number of the licence holder for whom the

applicant is to act as a substitute hawker;

(b)

the name and Identity Card

number of the substitute hawker;

(c)

where a motor vehicle is used to

carry out the commercial activity, the address

of the garage of the vehicle to be used;

(d)

the address of the premises

where the goods are to be stored;

(e)

the nature of the hawking

activity.

(4) The application for a substitute hawker

as provided for in the proviso to sub-regulation (2)

shall be accompanied by

(a)

two passport size photos of the

principal licence holder;

(b)

two passport size photos of the

substitute hawker;

(c)

a medical certificate in the case

of illness, pregnancy or where the licensee is

taking care of ailing parents, spouse or

children;

(d)

a birth certificate where the

licensee has given birth to a child and proof

that the licensee has adopted a child in case of

adoption;

(e)

proof that the parent, spouse, son

or daughter, as the case may be, are registered

as a disabled person with the National

Commission for Persons with Disability

(KNPD) in the case where the licensee is

taking care of a disabled parent, spouse, son

or daughter;

(f)

in the case of fostering,

documentary evidence that the licensee is

fostering a child, after having been certified

able to act as foster father or mother by the

Adoption and Fostering Panel of the

Department for Family Welfare;

(g)

where the commercial activity

involves the selling of food, an approval by

the Environmental Health authorities that the

premises indicated as a store may be used for

the storing of items

Provided that where the premises of the

licensee is to be used as a store and such

premises has already been certified by

Environmental Health authorities, the

application may instead be accompanied by a

declaration indicating such use and

certification and signed by both the licensee

and the substitute.

(5) A licence for a substitute hawker shall

include the following

(a)

the name and Identity Card

number of the licence holder for whom the

applicant is to act as a substitute hawker;

(b)

the name and Identity Card

number of the substitute hawker;

(c)

where a motor vehicle is used to

carry out the commercial activity, the address

of the garage of the vehicle to be used;

(d)

the address of the premises

where the goods are to be stored;

(e)

the nature of the hawking

activity;

(f)

a passport size photo of the

principal licence holder;

(g)

a passport size photo of the

substitute hawker.

(6) A licensee may employ a person or

persons to assist him in his work provided that such

licensee or substitute is present where the

commercial activity is taking place.".

5. The First Schedule to the principal regulations shall be

amended as follows

(a)

in Part I thereof, in type code 55.52, the word

"Event" shall be deleted; and

(b)

in Part II thereof -

(i) immediately after type code 93.01, there shall

be added the following

"93.021B Hairdressing performed at a location

desired by the client

93.022B Activities of beauty treatment

performed at a location desired by the client"; and

(ii) immediately after type code 93.03, there shall

be added the following

"93.04B Physical well-being activities performed

at a location desired by the client".

€0.45

52, il-kelma "Event" għandha tiġi mħassra;

(b)

fit-Taqsima II tagħha -

(i) minnufih wara l-kodiċi tat-tip 93.01, għandu

jiżdied dan li ġej

"93.021B Qtugħ ix-xagħar li jsir f’post fejn ikun

irid il-klijent

93.022 B Attivitajiet ta’ trattamenti tas-sbuħija li

jsiru f’post fejn ikun irid il-klijent"; u

(ii) minnufih wara l-kodiċi tat-tip 93.03, għandu

jiżdied dan li ġej

"93.04B Attivitajiet għall-ħarsien tas-saħħa

fiżika li jsiru f’post fejn ikun irid il-klijent".