Regulations, 2020

L.N. 117 of 2020

TRADING LICENCES ACT

(CAP. 441)

Temporary Street Hawker Licences and Street Hawking Distance

Regulations, 2020

IN EXERCISE of the powers conferred by article 17 of the

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

Small Businesses, has made the following regulations:-

The title of these regulations is Temporary Street Hawker

Licences and Street Hawking Distance Regulations, 2020.

In these regulations, unless the context otherwise requires:-

"the Act" means the Trading Licences Act;

"agriculture produce" means fruit and vegetables produced

from fields registered with the director responsible for

agriculture;

"permit" means permit to operate a stall within a Farmers’

Market issued under the Farmers’ Markets Regulations;

"street hawker" means the same as the meaning assigned to

it by the Trading Licences Regulations;

"Unit" means the Market Administration Unit or any other

section or entity vested with the power to issue permits under the

Farmers’ Markets Regulations.

(1) A person in possession of a valid permit issued by the

Unit shall automatically be deemed to be in possession of a temporary

licence as a street hawker to sell local agricultural produce without the

need to apply and secure a street hawkers licence as is required for

street hawking activity in accordance with the Trading Licences

Regulations, subject to the Environmental Health Directorate being

satisfied that the person in question can operate such activity on the

basis of clearances already issued in respect of said person

Provided that, this temporary licence shall be subject to all

conditions and penalties related to street hawking as may be applicable

except for the obligation to apply for a street hawker’s licence.

(2)

If a person having a valid permit in accordance with sub-

regulation (1) has no clearance from Environmental Health

Directorate, he shall ensure to register the said activity with the Food

Safety Commission.

(3) A permit holder deemed to be in possession of a temporary

licence as a street hawker to sell local agricultural produce may have a

substitute and up two (2) assistants

Provided that, this substitute and assistants shall be

beforehand notified to the Unit by the permit holder.

(4) Any person being a permit holder or operating as a street

hawker for local agricultural produce by means of these regulations, as

well as his substitute and assistants shall wear at all times, the

identification badge supplied by the Unit.

(5) The permit document issued by the Unit in respect of a stall

within a Farmers’ Market shall be kept clearly visible at all times when

the permit holder or his substitute is operating as a street hawker for

local agricultural produce.

(6) Either the permit holder or the substitute shall be present at

all times where the street hawking is conducted.

Such temporary licences are valid until such time that the Validity of

Temporary

Superintendent of Public Health determines

Licences.

(a) that markets or farmers markets shall not remain

closed; or

(b) that street hawking activity including street hawking

for the selling of vegetables shall cease; or

(c) that the persons themselves fall within a category of

persons who are not permitted to be outdoors.

When any street hawker licensed under the Trading Distance.

Licences Regulations or a person deemed to be in possession of a S.L. 441.07.

temporary license as a street hawker to sell local agricultural produce,

stops his vehicle to sell to his clients, the vehicle shall not be parked

within

(a) one-hundred (100) metres of walking distance from

the entrance of any commercial premises which is not closed

Provided that, for such purpose, a fixed kiosk shall be

deemed to be a commercial premises; or

(b) less than one-hundred (100) metres of walking

distance apart from another street hawker

Provided that, within a circumference of three-

hundred (300) meters from each street hawker there shall not be

more than two (2) other street hawkers at any one time

irrespective of whether they are licensed under the Trading

Licences Regulations or persons deemed to be in possession of a

temporary license as a street hawker to sell local agricultural

produce

Provided further that a street hawker or a person

deemed to be in possession of a temporary license as a street

hawker to sell local agricultural produce shall only serve one

customer at a time and the other customers shall have to stay in a

line with a distance of at least two (2) metres apart from each

other.

€0.27