Trading Licences (Amendment) (No. 2) Regulations, 2016

L.N. 250 of 2016

TRADING LICENCES ACT

(CAP. 441)

Trading Licences (Amendment) (No. 2) Regulations, 2016

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 Citation.

(Amendment) (No. 2) Regulations, 2016, and these regulations shall

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

hereinafter referred to as "the principal regulations".

Sub-regulation (1) of regulation 26 of the principal Amends

regulation 26 of

regulations shall be substituted by the following

the principal

regulations.

"(1) Notwithstanding the provisions of regulation 25, any

individual as aforesaid requiring to carry out the commercial

activity from an open-air market shall make an application to

act as a market hawker on the appropriate form to the Trade

Licensing Unit

Provided that

(a) such licence shall not entitle the market

hawker to carry out such activity unless, in relation to a

specific open-air market, he has been given the

authorization by the Local Council of the locality where

the market is situated and so allocated one post in the

aforesaid market;

(b) a market hawker shall not be in possession of

more than one authorization for a post in a market that

operates in the same day and time;

(c) any change of the category of goods being

sold from food to non-food and vice-versa shall be subject

to approval and conditions of the Trading Licensing Unit;

and

(d) when the change is from non-food to food

this shall also be subject to approval and conditions by the

Health Authorities.".

Sub-regulation (2) of regulation 27 of the principal

regulations shall be substituted by the following

"(2) A licence in relation to a market hawker operating at

the open-air market in Ordnance Street, Valletta, Marsaxlokk

(daily open-air market except Sunday), it-Tokk Victoria, Gozo

and in relation to a kiosk, may be transferred subject

(a) to a payment of the relevant fee as established

under regulation 52,

(b) that the transferee makes a declaration to the

relevant authority that he is not in possession of another

post or stall in the same market or in any other market, and

(c) that any change of the category of goods

being sold from food to non-food and vice-versa shall be

subject to approval and conditions of the Trading

Licensing Unit

Provided that when the change is from non-

food to food this shall also be subject to approval and

conditions by the Health Authorities.".

Regulation 34 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by the

following

"(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 for a charitable, cultural, or educational,

cause or to promote sports or sports organisations."; and

(b) sub-regulation (4) thereof shall be substituted by the

following

"(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, except where an exemption has

been granted in accordance with sub-regulation (1)

(a)

any commercial fair or commercial

exhibition organised for more than seven

consecutive days shall require a separate licence;

and

(b) licences issued consecutively for the

same commercial fair and commercial exhibition

from the same location shall not exceed thirty

days.".

In sub-regulation (6) of regulation 39 of the principal Amends

regulations, for the words "Merchants Street, Valletta" there shall be regulation

the principal

substituted the words "Ordnance Street, Valletta".

regulations.

In paragraph (f) of regulation 50 of the principal Amends

regulations, for the word "Valletta" there shall be substituted the regulation

the principal

words "Ordnance Street, Valletta".

regulations.

In regulation 52 of the principal regulations, for the words Amends

"in Merchants Street, Valletta" there shall be substituted the words "in regulation

the principal

Ordnance Street, Valletta".

regulations.

The First Schedule to the principal regulations shall be Amends First

Schedule to the

amended as follows

principal

regulations.

(a)

in type code 52.62C.1, for the word "Valletta" there

shall be substituted the words "Ordnance Street, Valletta"; and

(b) in type code 52.62D.1, for the word "Valletta" there

shall be substituted the words "Ordnance Street, Valletta".

In the Fourth Schedule to the principal regulations, for the Amends the

words "Triq il-Merkanti and Triq it-Teatru Antik" there shall be Fourth

to the principal

substituted the words "Triq l-Ordinanza".

regulations.

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