Trading Licences (Amendment) Regulations, 2014

L.N. 285 of 2014

TRADING LICENCES ACT

(CAP. 441)

Trading Licences (Amendment) Regulations, 2014

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

Licences Act, the Minister for the Economy, Investment and Small

Business, has made the following regulations:-

The title of these regulations is the Trading Licences

(Amendment) Regulations, 2014, 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 "open-air market" there shall be added the

following new definition

" "partner" means a person who is or was

married to the licensee or who is or was bound

by a civil union with the licensee in terms of

the Civil Unions Act;".

Sub-regulation (5) of regulation 13 of the principal

regulations shall be substituted by the following

"(5) Where the option has not been exercised as

aforesaid in relation to a licence, no change, addition or other

amendment to the said licence shall be allowed and, subject to

the second proviso of regulation 19, the licence may not be

transferred to any other person

Provided that, notwithstanding the provisions of this sub-

regulation, a licensee who holds a pedlar’s licence may request

a change in the nature of the activity permitted by his or her

licence, and such a request may be authorised by the Trade

Licensing Unit if it is satisfied that such request for change is

justified

Provided further that where such a change requires

clearance from the health authorities or any other authority, the

Trade Licensing Unit shall not authorise such a change unless

the relative clearances are obtained.".

Regulation 19 of the principal regulations shall be Substitutes

regulation 19 of

substituted by the following

the principal

regulations.

" Transfer of

(1) A licence shall not be

licence.

transferable

Provided that this shall not apply with

regard to any application for transfer submitted

prior to the 1st November, 2012 being the date

of the coming into force of the Trading

Licences (Amendment) Regulations, 2012

published by Legal Notice 349 of 2012

Provided further that this shall not apply in

the case of a pedlar licence or a licence for an

itinerant wholesaler when the transfer is to be

made to any member of the licensee’s family

being the partner, mother, father, son, daughter,

brother or sister of the licensee.

(2) A pedlar or an itinerant wholesaler

who wishes to transfer his licence shall submit

to the Trade Licensing Unit an application

requesting the transfer of the licence

accompanied by the relevant application fee

Provided that the transfer shall not be

effected unless all arrears in respect of the

licence have been paid

Provided that a transfer causa mortis may

only be made onto the legitimate successor if

the legitimate successor is the partner, mother,

father, son, daughter, brother or sister of the

deceased.

(3) (a)

In the case where the person

licensed as a pedlar or a person licensed as an

itinerant wholesaler dies, the licence shall be

transferable to his legitimate successor by

universal or singular title.

(b) The licence shall be deemed to be

cancelled if within a year from the demise of

the licensee, the legitimate successor does not

submit to the Trade Licensing Unit an

application requesting the transfer of the

licence in his or her favour accompanied by the

application fees

Provided that the transfer shall not be

effected unless all arrears in respect of the

licence have been paid.

(c) In the case of civil litigation as to

the legitimacy of succession in title of the

licence, the licence shall be deemed in

abeyance up to the time when the litigation is

settled and no fees will be due for the period it

is held in abeyance

Provided that the licence shall be deemed

to be cancelled if, within a year from the date

when the case in litigation is decided in a

definitive manner, the legitimate successor

does not submit an application for a transfer to

the Trade Licensing Unit on the appropriate

form together with the application fees

Provided further that the transfer shall not

be effected unless all arrears in respect of the

licence have been paid.

(4) An application for transfer or an

application for transfer by inheritance shall be

accompanied by a declaration made by a

person of the legal profession attesting that the

applicant is the legitimate successor of the

licensee and is entitled to continue the licensed

commercial activity.

(5) The fee for an application to transfer

a pedlar licence or a person licensed as an

itinerant wholesaler and the renewal fee of the

transferred licence shall be equivalent to that

of a street hawker using a motor vehicle.".

5. In paragraph (g) of regulation 35 of the principal

regulations, for the words "shall be prohibited." there shall be

substituted the words "shall be prohibited:", and immediately

thereafter there shall be added the following new proviso to the whole

regulation

"Provided that the Minister may, if he deems necessary in

the public interest, suspend the issuing of new buskers’ licences

by notice in the Gazette and this suspension shall continue until

the Minister deems fit.".

€0.27