Trading Licences Regulations, 2016

L.N. 420 of 2016

TRADING LICENCES ACT

(CAP. 441)

Trading Licences 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:-

(1)

The title of these regulations is the Trading

Licences Regulations, 2016.

(2) The provisions of these regulations shall come into force

on the 1st January, 2017.

Type Codes and Type of Commercial Activity

PART I

Commercial Activity

Manufacture of food products and beverages

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 musical instruments

Manufacture of furniture

Manufacture of jewellery and related articles

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 food and beverages

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 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

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 in specialised stores selling predominantly tobacco

products

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

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

flowers, plants, seeds, fertilisers, and pet food

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

Catering: supply of prepared food

Cargo handling

Storage and Warehousing of food and beverages as a

commercial service

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 commercial fair, exhibition and congress

organisers

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

Hairdressing

Activities of beauty treatment

Funeral and related activities

Physical well being activities

Other social and personal service activities not elsewhere

classified (excluding any gambling or betting activities).

PART II

Commercial Activity

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

services (except sale of food and beverages) connected to

commercial activities listed in Part I of the First Schedule

Street hawker of food, beverages (excluding alcoholic

beverages) and tobacco products

Street hawker of bread only

Street hawker of fruits and vegetables only or fish 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 at Victoria, Gozo

Market hawker of food, beverages (excluding alcoholic

beverages) and tobacco products at Marsaxlokk (daily open-

air market except Sunday)

Market hawker of food, beverages (excluding alcoholic

beverages) and tobacco products at Valletta

Market hawker of food, beverages (excluding alcoholic

beverages) and tobacco products (all localities where a

market is established except at Valletta, Marsaxlokk (daily

open-air market except Sunday) and Victoria, Gozo)

Market hawker of non-food and non-beverage products at

Victoria, Gozo

Market hawker of non-food and non-beverage products at

Marsaxlokk (daily open-air market except Sunday)

Market hawker of non-food and non-beverage products at

Valletta

Market hawker of non-food and non-beverage products (all

localities where a market is established except at Valletta,

Marsaxlokk (daily open-air market except Sunday) and

Victoria, Gozo

In these regulations, unless the context otherwise requires

"the Act" means the Trading Licences Act;

"agricultural marketing centre" means a marketing centre

established by the Agricultural Marketing Centres Regulations;

"ailing parents, partner, or children" means parents, partner, son

or daughter who are ill;

"alcoholic beverage" means an alcoholic beverage falling under

headings 22.03, 22.04, 22.05, 22.06, 22.07 and 22.08 of the Customs

Tariff as set out in the First Schedule to the Import Duties Act;

"bread" means staple food made from flour or meal mixed with

other dry and liquid ingredients, usually combined with a leavening

agent, and kneaded, shaped into loaves, and baked;

"the busker" means a person who produces on site and sells a

work of art;

"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;

"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 listed in Part 1 of the First Schedule of these

regulations 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;

"Farmers’ Market" means a market established in terms of the

Farmers’ Markets Regulations;

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

format;

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

pursuant to article 10 of the Act;

"market hawker" means an individual who is licensed under the

Act to sell by retail from any allocated site within the precincts of an

open-air market;

"Member State" means a Member State of the European

Economic Area;

"the Minister" means the Minister responsible for commerce;

"open-air market" means any one of the markets listed under the

Third Schedule;

"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;

"person" means a natural or legal person;

"person of the legal profession" means an advocate, a notary

public or a legal procurator;

"precincts" means the established physical boundaries of a

specific premises;

"street hawker" means an individual who is licensed under the

Act to sell by retail from any street by means of a vehicle or render a

service as the Minister may specify, other than an open-air market;

"street" shall have the same meaning assigned to it in the

Activities Requiring Permit by Local Councils Regulations;

"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;

"vehicle" means any means of transport whether mechanically

or self-propelled.

CONDITIONS FOR CARRYING OUT

A COMMERCIAL ACTIVITY

The following conditions shall apply to all commercial activities as

applicable whether unlicensed or licensed by any authority and

regulated by any legislation.

1. The commercial premises are at all times to be kept in a clean and

wholesome manner both within the premises and in the immediate

vicinity outside the premises. Any person carrying out a commercial

activity should be responsible for the cleaning of the pavement, the

space beneath the pavement and of the street space in front of the

commercial premises. After the opening hours the licensee is forbidden

from leaving any waste or any objects on the pavement, the space

beneath the pavement and the street space in front of his commercial

premises.

2. The commercial activity carried out in the premises or things stored

within the premises shall not

cause annoyance to neighbours;

be likely to occasion any fire or explosion;

emit exhalation, fumes, vapours, gases, dust or emit noxious or

offensive odours into the atmosphere that may cause damage or are

injurious to health;

cause annoyance by way of noise.

3. When a commercial activity expose for sale any article or any other

thing placed outside the premises, the person responsible for the

commercial activity shall see that these do not cause an obstacle to the

pedestrians and that these should never exceed 50 cm of the same

pavement.

4. Where the commercial activity comprises the sale or repair of vehicles,

no vehicles shall be displayed for sale, repaired or else be washed in

any part of the street. No vehicles whatever kind, commercial or

otherwise, brand new or second hand, can be parked in any public

place for the intention of exhibiting for sale the vehicle, marked by the

words "For Sale" or any other words that indicate the aforesaid

intention, including the display of any telephone and/or mobile

numbers.

5. Magazines, or any other items or materials which by their nature are

objectionable for use or consumption by minors, or any items which by

their nature are objectionable by general use, shall not be sold to

minors or displayed in any manner within the commercial premises

where they will be accessible to or within the reach of such minors or

general public.

6. No alcohol and no tobacco products shall be sold to persons under the

age of seventeen (17) years.

7. (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 (S.L. 128.01);

(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 is prohibited at commercial

premises which by their nature shall not sell such products.

(4) The provisions of this paragraph shall not apply to temporary licences

issued under regulations 9, 10 and 11 of the Activities requiring Permit

by Local Councils Regulations (S.L. 441.04) and for the selling of

wines, beers and spirituous liquors requiring a temporary licence from

the Commissioner of Police in terms of the Shops for the Sale of Wine,

Beer or Spirituous Liquors (Licence, Good Order and Public Decorum)

Regulations (S.L. 10.09).

8. No noise shall be generated from any commercial premises and be

heard from outside the premises that causes annoyance and disturbance

to neighbours by hammering or by the use of machinery between 1.00

p.m. and 4.p.m. of the same day and between 7.00.p.m. and 7.00.a.m.

of the next following day.

9. No commercial activity located in an urban area can generate noise

that can be heard from outside the premises that causes annoyance and

disturbance to neighbours by playing of music by live bands or

amplified music or other means between the hours of 11.00 p.m. and

9.00 a.m. of the following day and between 1.00 p.m. and 4.00 p.m.

10. Where the commercial activity in any premises involves

manufacturing activities, the retail sale of products manufactured

therein may also be carried out from such premises.

11. The sale from street hawkers or the sale from any vehicle or in the

vicinity of a school is prohibited except the sale of ice-cream or

catering units.

(1)

Where a commercial activity consists of the

provision of services from any premises, such activity shall be

deemed to be a commercial activity for the purposes of the Act,

unless such activity constitutes the exercise of a profession by an

individual who, under the provisions of any other law, requires a

warrant to exercise such profession and provided that the premises

are not also used for the exercise of any other commercial activity.

(2) Where more than one retail outlet carry out the commercial

activity from the same shopping arcade, shopping complex, or any

other premises by whatever name called where such outlets are

situated, every such outlet shall be deemed to carry out a separate

commercial activity.

OPEN-AIR MARKETS

Streets

Birzebbugia

Triq Zarenu Dalli

Birkirkara

Triq Tumas Fenech, Triq il-Ħerba, Triq is-Santwarju, Triq Mike

Pulis, Triq Nazju Falzon

Bormla/Birgu

Triq il-Ġubilew tal-Fidda, Triq Kottonera, Triq Verdala

Park and Ride, Flagstone Wharf, Hornworks Ditch

Triq Wilġa, Misraħ iż-Żgħażagħ.

Marsaxlokk

Xatt is-Sajjieda .

Triq Nicolo Isuard, Triq il-Lunzjata (x Triq Wied is-Sir), Pjazza

10 ta’ Settembru

Triq l-Għenieq, Triq Ħal-Dgħejf

Triq l-Arkata

Pjazza tal-Granmastru, Misraħ Narbona, Parti from Vjal De La

Cruz to Triq Mons. P.P. Psaila

Rabat

Triq Santa Rita

Siġġiewi

Pjazza Santa Margerita

Sliema

Pjazza tal-Lunzjata

Attard

Parking Area (Park Nazzjonali Ta’ Qali)

Valletta

Triq l-Ordinanza

Żabbar

Misraħ San Ġakbu

Żebbuġ

Triq Antonio Sciortino, Triq Loret Vela

Żejtun

Pjazza Suq, Misraħ Indipendenza

Żurrieq

Vjal Blue Grotto, Triq Stefan Zerafa, Triq Carmelo Caruana

Gozo

Victoria - Pjazza Santa Sabina

B

€4.05

For the purpose of article 3 of the Act, the Minister has

designated the Trade Licences Unit as the regulatory authority

responsible for the issuing of trading licences or any other permit

required by the regulatory authority as result of the Act or regulations

made thereunder.

PART II

General Provisions

(1)

The First Schedule lists those commercial activities When a trading

which prior to the coming into force of these regulations required a licence

required.

trading licence from the Trading Licensing Unit.

(2) The following activities shall not require a trading licence

from the Trade Licensing Unit

(a)

the commercial activities listed in Part I of the First

Schedule

Provided that such activities shall still remain

subject to the relevant obligations under the Act and regulations

made thereunder as well as any obligations, authorisations,

approvals and clearances from the Commissioner of Police or

other entities as may be prescribed and applicable by other

relevant legislation in force at the time;

(b)

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;

(c)

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 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.

(3) Licences issued prior to the date of coming into force of

these regulations in respect of commercial activities listed in Part 1 of

the First Schedule are not be renewed

Provided that all renewal fees not paid up to said date shall

remain due

Provided further that if it is proven to the satisfaction of

the Director that before that date of coming into force of these

regulations a licensed natural person passed away, or a licensed

commercial activity ceased operations, the amounts due shall be

calculated as follows:-

(a)

in the case of the decease of a licensed natural

person, up to the date of demise;

(b)

in the case of a commercial activity by a licensed

natural person that has ceased operations, up to the date of the

cessation of operations; and

(c)

in the case of dissolution of the legal person, up to

the date of dissolution of the said legal person.

A person who, on any special or specific day or days,

holds;

(a)

a procession or any other activity not mentioned in

regulation 5(2)(c) 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.

When a person has been granted a relevant permit by the

Local Council or by the Commissioner of Police, for the carrying out

of an activity falling under regulations 5 (2)(c) and 6 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.

(1)

A trading licence or any other authorisation from

the Trade Licensing Unit shall not be required when a person or a

group of persons of not more than six (6) 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 any nearby activity

Provided that a police officer may, on the basis of

nonconformity 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 6 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.

PART III

Commercial Activities requiring a Trading Licence

(1)

Without prejudice to regulations 3, 5, 6, 7 and 8, or Commercial

any other exemption or arrangement as the Minister may prescribe activities

requiring a

pursuant to article 10 of the Act, no person shall carry out a trading licence.

commercial activity listed and, or referred to in the Part II of the First

Schedule, without a licence 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 in respect of a

commercial activity listed or referred to in Part II of the First

Schedule prior to the coming into force of these regulations 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 Trade Licensing Unit to reflect

changes in classification

(4) 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.

(5) An application for a trading licence in order to carry out a

commercial activity falling under Part II 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 II of the First

Schedule shall not commence the relevant commercial activity before

a formal licence is issued by the Trade Licensing Unit.

(6) A licence shall be deemed null ab initio if it transpires that

requirements of the application 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.

(7) Sub regulation (6) also applies to commercial activities

which were licensed by the Trade Licences Unit prior to the coming

into force of this legislation.

(1)

A natural person shall be eligible to carry out a

commercial activity listed and, or referred to in Part II of 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 Part II of 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 Part II of 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 the notice form.

(4) Where applicable, the person carrying out the commercial

activity, and, or his employees, shall possess the required

qualifications as it may be prescribed.

(1)

The Trade Licensing Unit shall, without delay, Processing of

acknowledge receipt of an application and receipt of the applicable application.

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 five (5) 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 five (5) working days notify the Auctioneers Board

of the application and within five (5) 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 such applicant shall pay to the

Trade Licensing Unit the relevant fee in respect of the

consideration by the Auctioneers Board.

(3) The period mentioned in sub-regulation (2) may in

exceptional circumstances, prior to its expiry, be extended by the

Trade Licensing Unit for one period of not more than ten (10)

working days. Such extension and the reasons therefore 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

Trade Licensing Unit to determine whether or not to issue the licence

within a stipulated time.

(5) An application form shall not be deemed to be complete

unless the Trade Licensing Unit is in receipt of all the documentation

required. If an applicant fails to produce the requested documentation

within twenty (20) working days from the date of notification, then

such application shall be deemed to be abandoned

Provided that if within the said twenty (20) working days

the applicant requires an extension for the provision of any said

documentation the Trading Licence Unit may, if it feels that there are

justifiable reasons, extend the period by a further twenty (20) working

days.

The Trade Licensing Unit shall publish on its website the

list of licences and licensees of commercial activities indicated in Part

II of the First Schedule. The list shall contain the following

information

(a)

the licence number;

(b)

the name of the licence holder;

(c)

the nature of the commercial activity; and

(d)

the date when the licence was issued.

Where an applicant feels aggrieved by the decision of the Appeals from

Trade Licensing Unit or from any Local Council in respect of a decisions

Trade Licensing

refusal of issuing a licence, he may file an appeal in writing in Unit.

accordance with the provisions of Part VI.

(1)

Any licence issued under the Act for a commercial Payment of

activity shall, unless otherwise specified in the Act, be subject to the licence fees.

payment of a fee payable on filing of the application and annually

thereafter

Provided that once a bill for renewal of the licence in

respect of a commercial activity has been issued by the Trade

Licensing Unit, the fee should be paid within thirty (30) working

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.

(2) The fee due in accordance with sub-regulation (1) shall,

without prejudice to the applicability of the provisions of this or any

other law, also be due to the Trade Licensing Unit as a civil debt.

(3) Any licensee who fails to pay a fee due in terms of sub-

regulation (1) following the service upon him by judicial act, of a

notice stating that

(a)

payment is to be effected within the period stated in

such notice, not being less than thirty (30) working days;

(b)

if the licensee fails to pay the fee as requested in

the notice, the Trade Licensing Unit shall take the case to court

where the relevant authority shall demand the full settlement of

the licence fee. Upon the refusal of payment by the licensee the

court may order the licensee to stop operating the commercial

activity till the arrears are all paid or shall order the cancellation

of the licence with no possibility of reactivation of the same

licence within such time as may be established by the court.

(4) Nothing in the foregoing provisions of these regulations S.L. 128.01

shall be deemed to effect any renewal of any trading licence under the

Police Licences Regulations, made or due to have been made prior to

the coming into force of these regulations.

(1)

The licence shall be issued in the name of an Particulars of

individual personally and by reference to the applicable type codes licences.

and commercial activities.

(2) Without prejudice to any other provision of law applicable

in relation to a commercial activity, a licence issued under these

regulations shall be subject to the applicable conditions contained in

the Second Schedule.

(3) Notwithstanding the foregoing provisions of this

regulation, and subject to sub-regulation (4), where a licence has been

issued under the Police Licences Act prior to the coming into force of

these regulations, the licence conditions attached to such licence shall

continue to apply in relation to such licence, unless the licensee opts,

by an application made on the appropriate form to the Trade

Licensing Unit, to have his licence issued by reference to the type

codes and commercial activities as is referred to in sub-regulation (1).

(4) 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.

(1)

A license may be cancelled by the Trade Licensing

Unit at the request of the licensee or at the request of a person

authorized to so act on his behalf. Such request shall be made on the

appropriate form accompanied by the relevant fee due.

(2) 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 application for cancellation,

the Trade Licensing Unit shall notify the licensee of any arrears due

and the licensee shall have sixty (60) working days to pay the arrears

in question from the date of such notification

Provided that if the arrears are not paid within sixty (60)

working 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 any fee which may be prescribed,

irrespective of any arrears owed.

(1)

A licence may be also cancelled by the Trade Cancellation in

circumstances

Licensing Unit in the following circumstances

other than those

contained in

regulation 16.

(a)

in the case of a licence issued in respect of a natural

person, when it becomes aware of proof of the demise 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 the licensee has failed for four (4)

consecutive calendar years to settle the licence fee; or

(e)

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 demise;

(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; and

(d)

in the case where the licensee has failed for four (4)

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).

(3) In all cases, except in the case of the death of the licensee,

before taking a decision, the Trade Licensing Unit shall first write to

the licensee who shall be given thirty (30) working days to reply

Provided that if after thirty (30) working days no reply is

received, the Trade Licensing Unit may proceed with its decision

Provided further the Trade Licensing Unit need not write

to the licensee if the licensee initiates the process for cancellation.

(1)

A licence shall not be transferable

Provided that this shall not apply with regard to licences

issued in respect of

(a)

market hawkers operating from the open-air market

in Valletta, Marsaxlokk (daily open-air market except Sunday),

Victoria, Gozo as indicated in regulation 27(2);

(b)

kiosks whose licences are still renewed at the

Trading Licences Unit;

(c)

commercial activities listed in Part II of the First

Schedule 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;

(d)

pedlars licence or itinerant wholesalers 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 further 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’s 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.

The licence shall be issued for a term of one (1) year and Fee for the issue

shall be automatically renewable subject to the continued compliance or

licence.

with the requirements of the Act and of these regulations including

the payment of the relevant fee applicable thereto as shown in the

regulation 46.

No licensee shall carry on any trading activity from any

place or elsewhere unless the licence fee payable annually or for any

period as specified has been paid. Any licensee who contravenes the

provisions of this regulation shall be guilty of an offence.

In the case of street hawkers, market hawkers, marketing

agents and buskers, the licence issued and the last receipt of the paid

licence shall be displayed in a conspicuous place by the licence

holder when conducting his or her commercial activity.

(1) A licensee shall provide the Trade Licensing Unit and

any other person authorised in that behalf, all information as may be

appropriately required in relation to the commercial activity licensed

under the Act.

(2) The Trade Licensing Unit and any other person as

aforesaid shall have the right to enter and inspect any premises related

to a commercial activity, which requires a licence under these

regulations.

(1)

Where a licence issued under these regulations has

been lost or stolen, or the licensee is otherwise no longer in

possession of such licence, the licensee shall notify the Trade

Licensing Unit within seven (7) working days from the date on which

he became aware of such event.

(2) The Trade Licensing Unit shall, within five (5) working

days from the receipt of such notification, issue a copy of the licence

in replacement of the original.

PART IV

Hawkers and other Retailing Activities

(1)

An individual who carries out any commercial

activity from any street, which activity is not exercised from an open-

air market, shall make an application to act as a street hawker on the

appropriate form to the Trade Licensing Unit. A licence issued for a

street hawker is a personal licence and does not permit anybody else

to act instead of the street hawker.

The licence issued by the Trade Licensing Unit shall indicate

the street hawker as a non-food licence hawker or as a food related

items licence hawker. In the case that the activity concerns the selling

of food items prior approval by the health authorities must be

obtained.

If a licensee is in possession of more than one category of

licence at one particular point in time for different categories of food

and other non-food items, that licensee shall only make use of one

licence and shall restrict his commercial activity to one specific

category as he may decide

Provided that with reference to food related items the

Trade Licensing Unit, following a recommendation by the health

authorities, may order the licensee to sell or not to sell specific items

as ordered by the health authorities. Likewise with reference to non-

food related items the Trade Licensing Unit following a

recommendation by the Police, may issue an order to the licensee to

restrict the selling of any item that may be causing an infringement of

public order

Provided further that without prejudice to what is

prescribed in the licence as items to be sold, a street hawker that sells

fruits and vegetables shall not also sell ice-cream, pre-cooked items,

alcohol and all other beverages except the selling of water.

(2) In the case of a street hawker using a motor vehicle to

carry on the commercial activity shall have premises available where

to garage the motor vehicle. The registration number of the vehicle

used for hawking and the address of the premises used for the purpose

of garaging the vehicle used by the hawker must be clearly indicated

on the application and the trading licence. Any change in the vehicle

or garage must be notified to the Trade Licensing Unit within ten (10)

working days after the change occurs. No application shall be

accepted and processed by the Trade Licensing Unit if the address of

the garage or any other address for the store where goods are stored

are not given. The Trade Licensing Unit shall have the right to inspect

such premises and to demand any documentation that proves the

ownership of the premises when the application indicates the use of

such premises by more than one applicant.

(3) Every such licence issued has to include the following

information

(i)

the name of the licence holder;

(ii)

a legally valid identification document of the

licence holder;

(iii)

a passport size photo of the licence holder;

(iv)

the address of the garage of the licence holder;

(v)

the nature of the hawking activity; and

(vi)

the date when the licence was issued.

(1)

The Third Schedule to these regulations shall

indicate the locality of open air markets established by the Minister.

(2) The Third Schedule shall also indicate the streets from

where such markets may operate

Provided that the Minister may by notice in the Gazette

change the streets from where the markets may operate for a specific

period of time as a result of circumstances which may from time to

time warrant that market hawkers do not operate from the streets

indicated in the Third Schedule

Provided further that the market hawkers are to operate

again from the streets indicated in the Third Schedule once the period

in question expires unless the period is extended or new streets are

designated by a notice in the Gazette.

(3) 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 authorisation by the Local

Council of the locality where the market is situated and so

allocated a stall space in the aforesaid market;

(b)

a market hawker shall not be in possession of more

than one authorisation for a stall space 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 Trade Licensing Unit; and

(d)

when the change is from non-food to food and

vice-versa this shall also be subject to approval and conditions

by the health authorities.

(4) A market hawker using a motor vehicle to carry on his

commercial activity shall have premises available where to garage the

motor vehicle and store his goods. The address of the premises used

for this purpose shall be clearly indicated on the application for the

issuing of a licence to the Trade Licensing Unit. Any change in the

vehicle or garage shall be notified to the Trade Licensing Unit within

ten (10) working days after the change occurs. No application shall be

accepted and processed by the Trade Licensing Unit if the address of

the garage or any other address for the store where goods are to be

stored are not given. The Trade Licensing Unit shall have the right to

inspect such premises and to demand any documentation that proves

the ownership of the premises when the application indicates the use

of such premises by more than one licensee. The Trade Licensing

Unit can refuse to issue the licence if it decides that such premises are

not used as a store or garage by the applicant. The licence issued by

the Trade Licensing Unit shall indicate the market hawker as a non-

food licence hawker or as a food related items licence hawker. In the

case that this activity concerns the selling of food items prior

approval by the health authorities must be obtained

Provided that with reference to food related items the

Trade Licensing Unit, following a recommendation by the health

authorities, may order the licensee to sell or not to sell specific items

as ordered by the health authorities. Likewise with reference to non-

food related items the Trade Licensing Unit on its own behalf or

following a recommendation by the Police, may issue an order to the

licensee to restrict the selling of any item that may be causing an

infringement of public order

Provided also that for market hawkers the use and

provision of public utilities shall be prohibited. On issuing the licence

the Trade Licensing Unit shall include the following details in the

licence

(i)

the name of the licence holder;

(ii)

the number of a legally valid identification

document of the licence holder;

(iii)

a passport size photo of the license holder;

(iv)

the address of the garage of the licence holder;

(v)

the nature of the hawking activity; and

(vi) the date when the licence was issued.

(1)

Subject to the provisions of sub-regulation (2), a Licence non-

licence issued under this Part shall be in the name of an individual transferable.

and shall not be transferable.

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

open-air market in Valletta, Marsaxlokk (daily open-air market except

Sunday), Victoria, Gozo and in relation to a kiosk, may be transferred

(a)

to a payment of the relevant fee as established

under regulation 47;

(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; 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 Trade 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

A street or market hawker may appoint one (1)

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 (1) 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

(b)

for any period of time during which the licensee is

taking care of ailing parents, partner, or children;

(c)

for any period of time during which the licensee is

taking care of a parent, partner, son or daughter who are

registered as a disabled person with the National Commission

for Persons with Disability (NCPD);

(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 (2) 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 (1) 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 number of a legally valid

identification document of the licence holder for whom the

applicant is to act as a substitute hawker;

(b)

the name and number of a legally valid

identification document 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

(d)

the address of the premises where the goods are to

(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

(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,

partner, 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, partner, 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,

partner, 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 type and make of the vehicle, the

registration number and 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.

(1) Bejjiegħ fit-toroq jew bejjiegħ bil-posta jista’ jaħtar lil

xi persuna oħra biex tagħmilha ta’ sostitut tiegħu jew tagħha billi

jagħmel applikazzjoni għal liċenza għand is-Sezzjoni Liċenzi tal-

Kummerċ, biex is-sostitut iwettaq dik l-attività li għal xi raġuni l-

bejjiegħ fit-toroq jew bejjiegħ bil-posta ma jkunx jista’ jwettaq hu

stess.

(2) Is-sostitut jista’ jaġixxi meta ma jkunx hemm id-detentur

ta’ liċenza għal żmien ta’ mhux aktar minn xahar wieħed (1) b’kollox

matul perjodu tal-liċenza ta’ sena sakemm ikun ingħata jew tkun

ingħatat liċenza mis-Sezzjoni Liċenzi tal-Kummerċ biex jaġixxi bħala

bejjiegħ sostitut fit-toroq jew bejjiegħ sostitut fis-suq

Iżda sostitut maħtur jista’ iktar minn hekk japplika għand

is-Sezzjoni Liċenzi tal-Kummerċ biex jiġġestixxi l-attività li jkollu

liċenza għaliha

(a)

għal kull perjodu ta’ żmien li matulu d-detentur ta’

liċenza jkun marid;

(b)

għal kull perjodu ta’ żmien li matulu d-detentur ta’

liċenza jkun qiegħed jieħu ħsieb ġenituri, sieħeb jew tfal, ilkoll

morda;

(ċ)

għal kull perjodu ta’ żmien li matulu d-detentur ta’

liċenza jkun qiegħed jieħu ħsieb ġenituri, sieħeb, tifel jew tifla li

jkunu reġistrati bħala persuni b’diżabilità mal-Kummissjoni

Nazzjonali Persuni b’Diżabilità (KNPD);

(d)

meta d-detentur ta’ liċenza tkun mara tqila, għal

żmien it-tqala;

(e)

meta d-detentur ta’ liċenza tkun mara li twelled

tarbija jew tadotta tarbija għal perjodu ta’ żmien sa sentejn (2)

mid-data tat-twelid jew mid-data tal-adozzjoni rispettivament;

(f)

meta d-detentur ta’ liċenza jkun qed irabbi

(fostering) tifel jew tifla, għal żmien sena mid-data meta tibda

dik it-trobbija jew sa meta ttemm dik it-trobbija, hekk kif liema

minnhom tiġi l-ewwel.

(3) L-applikazzjoni għal sostitut ta’ bejjiegħ għandu jkun fiha

din l-informazzjoni li ġejja

(a)

l-isem u n-numru ta’ dokument ta’ identifikazzjoni

legalment validu tad-detentur ta’ liċenza li l-applikant jkun ser

jaġixxi għalh bħala bejjiegħ sostitut;

(b)

l-isem u n-numru ta’ dokument ta’ identifikazzjoni

legalment validu tal-bejjiegħ sostitut;

(ċ)

meta tkun qegħda tintuża vettura biex tiġi ġestita l-

attività kummerċjali, l-indirizz tal-garaxx tal-vettura li tkun ser

tintuża;

(d)

l-indirizz tal-post fejn ikunu ser jinħażnu l-oġġetti;

(e)

ix-xorta tal-attività ta’ bejgħ.

(4) L-applikazzjoni għal bejjiegħ sostitut kif provdut fil-

proviso mas-subregolament (2) għandu jkollha mehmuż magħha

(a)

żewġ ritratti tal-qies ta’ passaport tad-detentur

prinċipali tal-liċenza;

(b)

żewġ ritratti tal-qies ta’ passaport tal-bejjiegħ

sostitut minfloku;

(ċ)

ċertifikat tat-tabib fil-każ ta’ mard, tqala jew meta

d-detentur ikun qiegħed jieħu ħsieb ġenituri, sieħeb jew tfal,

ilkoll morda;

(d)

ċertifikat tat-twelid meta d-detentur ta’ liċenza

tkun mara li welldet tarbija u prova li d-detentur ikun adotta

tifel jew tifla fil-każ ta’ adozzjoni;

(e)

prova li l-ġenitur, sieħeb, tifel jew tifla, kif jista’

jkun il-każ, ikunu reġistrati bħala persuni b’diżabilità mal-

Kummissjoni Nazzjonali Persuni b’Diżabilità (KNPD) f’każ

meta d-detentur ta’ liċenza jkun qed jieħu ħsieb xi ġenitur,

sieħeb, tifel jew tifla b’diżabilità;

(f)

fil-każ ta’ trobbija (fostering), prova dokumentarja

li d-detentur ta’ liċenza jkun qed irabbi lit-tifel jew tifla, wara li

jkun ġie ċertifikat bħala kompetenti li jkun missier tar-rispett

jew omm tar-rispett mill-Panel dwar l-Addozzjoni u Fostering

tad-Dipartiment għall-Ħarsien tal-Familja;

(g)

meta l-attività kummerċjali tkun tirrigwarda l-

bejgħ ta’ ikel, l-approvazzjoni tal-awtoritajiet tas-saħħa

ambjentali li l-post indikat bħala maħżen jista’ jintuża għall-

ħżin ta’ oġġetti

Iżda meta l-fond tad-detentur ta’ liċenza jkun ser

jintuża bħala maħżen u dakil-fond ikun diġà ġie ċċertifikat mill-

awtoritajiet tas-saħħa ambjentali, l-applikazzjoni tista’ minflok

ikollha mehmuża magħha dikjarazzjoni li tkun turi dak l-użu u

dik iċ-ċertifikazzjoni u li tkun iffirmata kemm mid-detentur ta’

liċenza kif ukoll mill-persuna sostitut.

(5) Liċenza għal bejjiegħ sostitut għandha tkun tinkludi dan li

(a)

l-isem u n-numru tal-Karta tal-Identità tad-detentur

ta’ liċenza li l-applikant ser jidħol bħala bejjiegħ sostitut

minfloku;

(b)

l-isem u n-numru tal-Karta tal-Identità tal-bejjiegħ

sostitut;

(ċ)

meta tkun qegħda tintuża vettura biex titwettaq l-

attività kummerċjali, il-mudell u d-ditta tal-vettura, in-numru ta’

reġistrazzjoni u l-indirizz tal-garaxx tal-vettura li tkun ser

tintuża;

(d)

l-indirizz tal-post fejn ikunu ser jinħażnu l-oġġetti;

(e)

ix-xorta tal-attività ta’ bejgħ;

(f)

ritratt tal-qies ta’ passaport tad-detentur tal-liċenza

prinċipali;

(g)

ritratt tal-qies ta’ passaport tal-bejjiegħ sostitut.

(6) Id-detentur ta’ liċenza jista’ jimpjega persuna jew persuni

biex jassistuh fix-xogħol tiegħu sakemm id-detentur ta’ liċenza jew

is-sostitut tiegħu jkun preżenti waqt li tkun qegħda ssir dik l-attività

kummerċjali.

(1)

A street hawker may carry out his commercial

activity from any place, in any street, by hawking that is by parking

his vehicle, according to the traffic regulations, in any street where he

stops to sell till he serves his customers and then after serving his

customers moves to another place, subject to the following

conditions

(a)

that while the street hawker stops to sell to his

customers, no nuisance or inconvenience is caused to the

inhabitants or passers by in the street;

(b)

that the vehicle is parked within a permitted

parking space and no inconvenience is caused to the flow of

traffic;

(c)

that when a street hawker stops his vehicle to sell

to his clients, the vehicle must not be parked within fifty (50)

metres of walking distance from the next open air market;

(d)

that in Valletta, only street hawking of vegetables,

bread, milk, flowers, kerosene and gas cylinders shall be

permitted;

(e)

that no commercial activities by street hawkers

shall be carried out in Valletta in Castille Square, in St. George’

s Square or in St. John’ s Square and in the City Gate area of

Valletta including Freedom Square the arches included, the

bridge and the Bus Terminus including Saint James Ditch;

(f)

that no commercial activity by street hawkers

offering for sale agricultural produce shall be permitted within

five hundred (500) metres of an agricultural marketing centre or

a Farmers’ Market.

(2) A street hawker may also carry out his commercial activity

from a fixed place by parking his vehicle, to sell to his customers

subject to the following conditions

(a)

that no nuisance or inconvenience is caused to the

inhabitants or passers by in the street, by the use of a generator

or whatsoever;

(b)

that he will park his vehicle, within a permitted

parking space as permitted by traffic regulations;

(c)

that the place where he parks his vehicle is not

within

(i) fifty (50) metres of walking distance from the

next open air market;

(ii)

fifty (50) metres of walking distance from the

entrance of any commercial premises

Provided that for such purpose, a fixed kiosk

shall be deemed to be a commercial premises;

(d)

that no objects are placed on the pavement;

(e)

that street hawkers shall park their vehicles to sell

at least fifty (50) metres away from each other

Provided that if the police or warden are called to

settle a dispute between hawkers who are closer to each other

than fifty (50) metres of walking distance, the police or warden

shall order the hawker who came last to move his vehicle to an

alternative parking space at least fifty (50) metres of walking

distance away from the nearest hawker. Such distance between

two hawkers may only be reduced in accordance with

regulations made by the local council with the approval of the

Minister

Provided that this provision shall not apply to street

hawkers selling flowers and the like in the vicinity of a

cemetery;

(f)

selling from a fixed place in Valletta shall only be

permitted for the selling of vegetables, bread, milk, flowers,

kerosene and gas cylinders;

(g)

the use and the provision of public utilities to a

street hawker selling from a fixed place according to this

regulation, in a public place or public land, shall be prohibited.

(3) No commercial activity from fixed places by hawking or

selling from fixed places or by any other means shall be carried out

(a)

in the precincts of the Malta International Airport

in Gudja;

(b)

in the precincts of Sea Passenger Terminal in the

Grand Harbour;

(c)

in the precincts of a hotel subject to a written

permission being granted by the hotel management;

(d)

in the vicinity of not less than fifty (50) metres of

walking distance away from any archaeological site; and

(e)

in the precincts of any school.

(4) Notwithstanding the provisions of sub-regulation (1) and

(2), the Police may, on reasonable grounds, order any street hawker to

move from any place in any street.

The provisions of regulations 9 to 24, insofar as they are Applicability of

applicable, shall mutatis mutandis apply to licences issued under this other

provisions.

Part.

(1)

A licensee of a principal commercial activity shall Licensing of

make an application on an appropriate form to the Trade Licensing commercial

vehicles used

Unit for a licence referred to as a marketing agents licence that place for

goods as part of

items on the market.

a licensed

commercial

activity.

(2) The purpose of such a licence is to permit the use of the

commercial vehicle for the sale of goods by retail by an employee or

agent on behalf of the licensee of the principal commercial activity,

from any street or other place, other than commercial premises or a

kiosk, and such licence shall be required for each and every vehicle

used for the exercising of such retail sale

Provided that such licence shall not entitle any person to

act as a market hawker.

(3) The licence will be issued within ten (10) working days

from the date of application made by the applicant and such licence

shall be issued in the name of an individual personally or on behalf of

a commercial partnership or company and the address shown on the

licence shall be the address of the principal commercial premises.

(4) The licence issued by the Trade Licensing Unit shall

indicate whether the vehicle is licensed to sell food or non-food

items. In the case that this activity concerns the selling of food items

prior approval by the health authorities must be obtained.

(5) If a licensee is in possession of more than one category of

licence at one particular point in time for different categories of food

and other non-food items, that licensee shall make use of only one

licence and restrict his commercial activity from every vehicle to one

specific category as he may decide

Provided that with reference to food related items the

Trade Licensing Unit, following a recommendation by the health

authorities, may order the licensee to sell or not to sell specific items

as ordered by the health authorities. Likewise with reference to non-

food related items the Trade Licensing Unit following a

recommendation by the Police, may issue an order to the licensee to

restrict the selling of any item that may be causing an infringement of

public order.

(6) The licence for use as a commercial motor vehicle as

described above shall have the following information

(a)

the name and number of a legally valid

identification document of the principal licence holder;

(b)

the address of the premises of the principal

licensed commercial activity;

(c)

the type and make of the vehicle and the

registration number; and

(d)

the address of the garage of the motor vehicle.

The provisions of regulation 30 relating to street hawking shall

apply mutatis mutandis to licences issued to vehicles licensed to

sell by retail in accordance with this regulation.

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.

(2) An application for a licence under this regulation shall

contain the following information

(a)

the name of the applicant;

(b)

the place where the car boot sale will be held;

(c)

the date or dates when the car boot sale will be

(3) A licence issued for the organization of a car boot sale

shall be subject to the following conditions

(a)

no licence shall be issued unless the applicant is a

non-profit making organization

Provided that the applicant submits proof and

describes the scope for such fund raising activity in the

application for the licence;

(b)

the applicant has to submit the following

information on each seller to the Trade Licensing Unit by not

later than forty-eight (48) hours after the organisation of the car

boot sale or as may be required by the regulating authority

(i) the identity document number, or any other

means of identification;

(ii) the registration number of the vehicle used to

sell from; and

(iii) general description of goods sold;

(c)

the organiser shall allocate equal sites to each seller

and each site must not be larger than the space taken by a

passenger car;

(d)

street and market hawkers and their substitutes

shall not be allowed to participate in car boot sales. Therefore

no vehicles licensed as street or market hawkers can be allowed

to be parked in the area where the car boot sale is being

organised;

(e)

persons who sell products from any commercial

premises shall not be allowed to sell the same type of products

in car boot sales;

(f)

sellers shall issue a receipt to buyers;

(g)

sites shall only be allocated to passenger cars and

no sale shall be permitted from vans or any other commercial

vehicles.

(1)

No person shall organise or allow to be organised Commercial fair

from a premises a commercial fair, or a commercial exhibition, of including

by retail.

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.

(2) Any commercial fair or commercial exhibition licensed in

accordance with sub-regulation (1) may only be held from a premises

which has a permit for sale by retail or from any place which is

allowed by national authority responsible for planning, building and

development to host fairs or exhibitions.

(3) An application for a licence under this regulation shall be

made by the person organising such commercial fair or commercial

exhibition to the Trade Licensing Unit and shall contain the following

(a)

the name, address and ID document number, or any

other means of identification, of the person organising the fair

or exhibition;

(b)

the name and the address of where the fair or

exhibition will be held;

(c)

the name of each person participating in the fair or

exhibition and type of products to be sold;

(d)

the VAT number of each person participating in the

fair or exhibition; and

(e)

date or dates when fair or exhibition is going to be

(4) The licence for a commercial fair or commercial exhibition

issued by the Trade Licensing Unit shall be valid for seven (7)

consecutive days including Sundays and Public Holidays except

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 (7) consecutive days shall require

a separate licence; and

(b)

licences issued consecutively for the same

commercial fair or commercial exhibition from the same

location shall not exceed thirty (30) days.

(5) The respective licence number for any commercial fair or

commercial exhibition shall be shown on any advert and any

promotional material advertising the activity.

Selling by busking is permitted and subject to the

following conditions

(a)

that an application by any busker who, in any

street, produces on site and sells a work of art on site, is filed on

the appropriate form with the Trade Licensing Unit;

(b)

that the place where the busker stops to sell his

goods shall be at least five (5) metres of walking distance away

from the entrance of any commercial premises

Provided that for such purpose, a fixed kiosk shall

be deemed to be a commercial premises;

(c)

that no selling by busking can be carried out in the

precincts of any hotel or any shopping complex if not by written

permission from the management;

(d)

that no selling by busking shall be carried out in

Valletta in Castille Square, in St. George’ s Square or in St.

John’ s Square and in the City Gate area of Valletta including

Freedom Square the arches included, the bridge and the Bus

Terminus including Saint James Ditch;

(e)

that no objects are placed on the pavement;

(f)

that no nuisance or inconvenience is caused to the

inhabitants or passers by in the street, by the use of a generator

or whatsoever;

(g)

that for buskers the use and provision of public

utilities shall be prohibited

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.

PART V

Temporary Arrangements in case of Disputes

Where -

Competing

claims to the

same site

(a)

there exists a dispute wherein one or more street

hawkers and, or market hawkers are claiming a right to sell from

the same fixed place or area; and

(b)

as a result of the said dispute a court issues a

precautionary warrant or makes a provisional order as a result of

which one or more street hawkers or market hawkers are,

directly or indirectly, prohibited from selling from a fixed place

from where they hold a licence to sell,

the Minister may, notwithstanding any other provision of these

regulations, sanction temporary arrangements for allowing any

street hawker or market hawker involved in or effected by the

said dispute to sell from another fixed place as the Minister may

consider appropriate in the circumstances and under such

conditions as the Minister may deem fit for such time during

which any such precautionary warrant or provisional order is in

force.

PART VI

Appeal Procedures

(1)

Any applicant for a licence under the Act, and any

other person who has made any objection or representation to the

Trade Licensing Unit in terms of these regulations, who feels

aggrieved by the decision of the said Unit in relation to a licence or if

a person feels aggrieved by a decision taken by a local council in

relation to the issuing of a licence or by an order or lack of consent

given by the Commissioner of Police to the Trade Licensing Unit,

may file an appeal to the Licensing Appeals Board (hereinafter

referred to as the "Board") in accordance with the provisions of this

Part.

(2) The application for an appeal against the Trade Licensing

Unit or a local council shall be filed with the Secretary of the Board

within ten (10) working days from the date when the applicant or any

other person has been notified by the Trade Licensing Unit in terms of

regulation 13.

(3) The application shall clearly state the grounds for the

appeal and the request of the appellant.

Where an appeal has been filed with the Board, the

Secretary shall, within one (1) working day of such filing notify the

Trade Licensing Unit and the following persons

(a)

if the appeal has been filed by the applicant in

relation to a licence, and a person had made any objection or

representation as aforesaid, to any such person;

(b)

if the appeal has been filed by any person as

aforesaid, to the applicant.

(1)

Where the appellant is not the applicant in relation

to a licence, or the person who made an objection or representation as

aforesaid, the applicant or such person, as the case may be, shall have

the right to make his representation before the Board.

(2) The appellant, on the filing of the appeal, and the Trade

Licensing Unit and the applicant in relation to the licence or any

person who had made any objection or representation other than the

appellant as the case may be, shall, at least one week prior to the date

set for the hearing of the appeal, submit to the Board all evidence,

statements and documents relating to the case.

The evidence of witnesses in the appeal hearing shall be Evidence of

produced either viva voce or by affidavit. The provisions of the Code witnesses.

of Organisation and Civil Procedure referring to the production of

evidence before a court of civil jurisdiction shall mutatis mutandis

apply to the production of evidence viva voce or by affidavit before

the Board.

(1) The hearing of the appeal shall be held within a period Hearing of

of not less than three (3) working days and not later than ten (10) appeal.

working days from the filing of such appeal

Provided that if the Chairman of the Appeals Board

decides in favour of the urgency of the matter, the Appeal Board may

hear the appeal before the three (3) working days

Provided that if the Chairman of the Appeals Board

decides on the need of further documentation and evidence the

Chairman may decide upon the hearing of the Appeal later than ten

(10) working days.

(2) The Board shall proceed to hear and decide on the appeal

on the evidence, statements and documents submitted by both parties

in terms of regulations 37, 38 and 39.

(3) The Board shall, as far as practicable, decide the appeal

after one sitting. If the Board decides to grant adjournments, the

Board shall give the parties concerned two dates as the only two

appointments for the Board to hear the appeal. These two dates shall

be within a maximum period of thirty (30) working days.

Where any of the parties fail to appear on the adjournment Default of

that party shall be guilty of an offence against these regulations and appearance.

shall be liable on conviction to a fine (multa) of one hundred and

sixteen euro (€116) for each time he fails to appear. If the appellant

fails to appear, together with the fine (multa) of one hundred and

sixteen euro (€116), the Board will suspend the appeal and the appeal

shall be deemed deserted. If the relevant authority fails to appear for

both dates of adjournment the board of appeal shall give its

judgement on the basis of the proof then available to it.

Any notice sent by the Board shall be deemed to have been Notification.

delivered and duly notified if it is physically delivered or sent by

registered post to the addressee at his place of business, habitual

residence or mailing address.

All hearings of the Board shall be held in public and all

decisions of the Board shall be given in public.

(1)

Any person making an appeal to the Board shall,

on filing of such appeal, pay a fee of fifty-eight euro (€58).

(2) If the Board is unable to decide the appeal after its first

hearing, and subsequent hearings are made, the appellant shall,

besides the above-mentioned fee of fifty-eight euro (€58) pay to the

Board an additional fee of forty-six euro (€46) for every subsequent

hearing.

(3) If the Board finds for the appellant, the Board shall, in its

decision, order the Trade Licensing Unit or the relevant authority to

refund all fees paid by the appellant to the Board in relation to the

appeal.

The Board may also apportion the costs between the

parties, in which case the Trade Licensing Unit or the relevant

authority shall be ordered to refund that part of the fees so

apportioned. The Board may also

(a)

revoke a decision taken by the relevant authority

against the appellant; or

(b)

make the relevant authority issue the necessary

permit, or

(c)

take the necessary action, including the issue of a

licence, which has been applied for by the appellant, or

(d)

review a decision that has been taken against the

appellant.

PART VII

Licence Fees

The following fees shall be payable to the Trade Licensing

Unit for any person to exercise any of the following commercial

activities

(a)

to act as a street hawker using a motor vehicle or

any other means of transport: ninety euro (€90) per annum;

(b)

to act as a street hawker selling bread using any

means of transport: twenty euro (€20) per annum;

(c)

to act as a street hawker selling fruit and, or

vegetables or fish using any means of transport: forty-five euro

(€45) per annum;

(d)

to act as a street hawker selling traditional Maltese

nougat (qubbajt): sixty-five euro (€65) per annum;

(e)

to act as a market hawker: sixty-five euro (€65) per

(f)

to act as a market hawker from a fixed site in the

open-air market in Valletta or Marsaxlokk (daily open-air

market except Sunday) or Victoria, Gozo: one hundred and

fifteen euro (€115) per annum;

(g)

for the organisation of every car boot sale: fifty-

five (€55) per event;

(h)

to act as a marketing agent: sixty-five euro (€65)

per every vehicle licensed per annum;

(i)

to act as a busker: ninety-three euro (€93) per

annum irrespective of duration;

(j)

to act as an auctioneer: fee of three hundred euro

(€300) in respect of the consideration by the Auctioneers Board

on submitting the application and fifty euro (€50) per annum

thereafter if a licence is granted; and

(k)

the fee payable in relation to a commercial fair or

commercial exhibition shall be the highest of

(i) either seven hundred euro (€700) for seven

(7) consecutive days; or

(ii) two euro (€2) for every participant per day.

A licence as a market hawker from the open-air market in Personal

Valletta, Marsaxlokk (daily open-air market except Sunday), the transfer.

open-air market in Victoria Gozo and a licence in relation to any fixed

kiosk, may be transferred to any other person on the payment of a fee

of two thousand, three hundred and twenty-nine euro (€2,329) to the

relevant authority

Provided that such fee shall not be due when the transfer is

made in favour of a partner, or any person in the direct descending

line, including adopted children, through an inter vivos or causa

mortis transmission, on proof of the family relationship to the

existing licence holder.

PART VIII

Offences and Penalties

Any person who contravenes any of the provisions of

these regulations shall be guilty of an offence and shall, on conviction

be liable to the same penalties established under article 18 and article

20 of the Act.

For the purposes of article 19 of the Act, the penalty that

the Trade Licensing Unit may demand in relation to any offence

against the provisions of the Act and of these regulations shall be one

hundred and sixteen euro (€116).

The Trading Licences Regulations are hereby revoked

without prejudice to anything done or omitted to be done thereunder

Provided that trading licences issued prior to the coming

into force of these regulations shall continue to be valid subject to the

provisions of these regulations.

62E.1

Marketing Agent of food and beverage products

52.62E.2

Marketing Agent of non-food and non-beverage products

52.62F

Busker

74. 872 Auctioneer

Attivitajiet ta’ posta u ta’ kurrier

Attivitajiet li jinvolvu proprjetà immobbli

Kiri ta’ proprjetà u swali għal tiġijiet u riċevimenti oħra

Renting ta’ makkinarju u tagħmir mingħajr operatur u ta’

oġġetti personali u tad-dar minbarra l-kiri ta’ karozzi u

tagħmir ieħor tat-trasport fuq l-art, bl-ajru jew bil-baħar

Servizzi bil-computer u attivitajiet relatati

Riċerka u żvilupp

Tiżmim tal-kontijiet

Riċerka dwar is-suq u wiri ta’ opinjoni

Attivitajiet ta’ konsulenza kummerċjali u amministrattiva bl-

esklużjoni ta’ relazzjonijiet pubbliċi u komunikazzjonijiet

Relazzjonijiet Pubbliċi u Komunikazzjonijiet

Attivitajiet ta’ tmexxija kumpanniji holding

Ittestjar tekniku u analiżi

Reklamar

Reklutaġġ ta’ xogħol u provista ta’ ħaddiema

Tindif industrijali

Attivitajiet fotografiċi

Attivitajiet tal-ippakkjar

Servizzi ta’ segreterija u traduzzjoni

Attivitajiet ta ċentri telefoniċi

Attivitajiet oħra professjonali

u

kummerċjali

mhux

ikklassifikati x’imkien ieħor

Attivitajiet ta’ fiera kummerċjali, esibizzjoni u organizzaturi

ta’ kungress

Attivitajiet tal-għalliema tal-mużika,

snajja,

u

sports

attivitajiet oħra ta’ divertiment

Attivitajiet ta’ filmati u video

Attivitajiet ta’ radju u televiżjoni

Attivitajiet oħra ta’ divertiment (eskluża kull attività ta’

logħob tal-azzard jew imħatri)

Attivitajiet ta’ aġenzija tal-aħbarijiet

Librerija, arkivji, mużewijiet u attivitajiet kulturali oħra

Attivitajiet sportivi minbarra sport tal-ilma u l-kaċċa u l-

imħatri

Attivitajiet rikreattivi oħra eskluża kull attività ta’ logħob tal-

azzard jew imħatri

Ħasil u dry cleaning ta’ prodotti tat-tessuti u tal-pil

Xogħol ta’ parrukkier

Attivitajiet ta’ kura tas-sbuħija

Attivitajiet ta’ funerali u dawk relatati

Attivitajiet ta’ benesseri fiżiku

Attivitajiet soċjali u servizzi personali oħra mhux

ikklassifikati x’imkien ieħor (eskluża kull attività ta’ logħob

tal-azzard jew imħatri).

TAQSIMA II

Attività Kummerċjali

Bejgħ bl-imnut minn persuni li jbiegħu bieb b’bieb ta’ oġġetti

u servizzi (ħlief għall-bejgħ ta’ ikel u xorb) li jkollu x’jaqsam

mal-attivitajiet kummerċjali elenkati fit-Taqsima I tal-Ewwel

Skeda

Bejjiegħ fit-toroq ta’ ikel, xorb (eskluż xorb alkoħoliku) u

prodotti tat-tabakk

Bejjiegħ fit-toroq ta’ ħobż biss

Bejjiegħ fit-toroq ta’ frott u ħxejjex biss jew ta’ ħut biss

Bejjiegħ fit-toroq tal-qubbajt tradizzjonali Malti

Bejjiegħ fit-toroq ta’ oġġetti mhux tal-ikel u mhux tax-xorb

Bejjiegħ bil-posta ta’ ikel, xorb (eskluż xorb alkoħoliku) u

prodotti tat-tabakk fir-Rabat, Għawdex

Bejjiegħ bil-posta ta’ ikel, xorb (eskluż xorb alkoħoliku) u

prodotti tat-tabakk f’Marsaxlokk (is-suq fil-beraħ ta’ kuljum

minbarra l-Ħdud)

Bejjiegħ bil-posta ta’ ikel, xorb (eskluż xorb alkoħoliku) u

prodotti tat-tabakk fil-Belt Valletta

Bejjiegħ bil-posta ta’ ikel, xorb (eskluż xorb alkoħoliku) u

prodotti tat-tabakk (dawk il-lokalitajiet kollha fejn ikun

hemm suq stabbilit ħlief għall-Belt Valletta, Marsaxlokk (is-

suq fil-beraħ ta’ kuljum minbarra l-Ħdud) u r-Rabat,

Għawdex)

52.62D.1 (G)

Bejjiegħ bil-posta ta’ prodotti mhux tal-ikel u mhux tax-xorb

fir-Rabat, Għawdex

52.62D.1 (M)

Bejjiegħ bil-posta ta’ prodotti mhux tal-ikel u mhux tax-xorb

f’Marsaxlokk (is-suq fil-beraħ ta’ kuljum minbarra l-Ħdud)

52.62D.1 (V)

Bejjiegħ bil-posta ta’ prodotti mhux tal-ikel u mhux tax-xorb

fil-Belt Valletta

52.62D.2

Bejjiegħ bil-posta ta’ prodotti mhux tal-ikel u mhux tax-xorb

(kull lokalità fejn ikun hemm suq stabbilit ħlief għall-Belt

Valletta, Marsaxlokk (suq fil-miftuħ kuljum ħlief il-Ħadd) u

r-Rabat, Għawdex

52.62E.1

Aġent tal-bejgħ ta’ prodotti ta’ ikel u xorb

52.62E.2

Aġent tal-bejgħ ta’ prodotti mhux tal-ikel u mhux tax-xorb

52.62F

Ġerrej

74. 872 Irkantatur