TEMPORARY STREET HAWKER LICENCES AND STREET HAWKING DISTANCE REGULATIONS

TEMPORARY STREET HAWKER LICENCES

AND STREET HAWKING DISTANCE

SUBSIDIARY LEGISLATION 441.10

TEMPORARY STREET HAWKER LICENCES AND

STREET HAWKING DISTANCE REGULATIONS

1st April, 2020

LEGAL NOTICE 117 of 2020.

The title of these regulations is Temporary Street Hawker

Licences and Street Hawking Distance Regulations.

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

TEMPORARY STREET HAWKER LICENCES

AND STREET HAWKING DISTANCE

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

Superintendent of Public Health determines

(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

Licences Regulations or a person deemed to be in possession of a

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 STREET HAWKER LICENCES

AND STREET HAWKING DISTANCE

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.