TRADING LICENCES REGULATIONS

SUBSIDIARY LEGISLATION 441.07

TRADING LICENCES REGULATIONS

1st January, 2017 *

LEGAL NOTICE 420 of 2016 177 of 2017 213 of 2018, 261 of 2020 and 262 of 2021.

The title of these regulations is the Trading Licences

Regulations.

Type Codes and Type of Commercial Activity

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;

"the Bank" means the Central Bank of Malta established by

article 3 of the Central Bank of Malta Act;

"beneficial owner" shall have the same meaning as assigned to it

under the Prevention of Money Laundering and Funding of Terrorism

Regulations;

"branch" means premises of a credit reference agency, other than its

head office, from which all or some of the business of a credit

reference agency is undertaken;

"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;

"business model" means a step-by-step plan of action on how

revenues and profits will be generated by a credit reference agency, as

well as the services it plans to offer, including the expenses it will

incur;

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

work of art;

"CBM Directive No 15" means the Central Bank of Malta

D i r e c t i ve N o 15 e n ti t l e d ‘ S u p er vi s i o n o f C r e d i t R e f e r e n c e

Agencies’;

"Central Credit Register" means the Register established under

article 24 of the Central Bank of Malta Act;

"commercial partnership" shall have the same meaning as assigned

to it under the Companies Act and shall include a company formed and

registered under the Companies Act;

"company" has the same meaning assigned to it by article 2 of

the Companies Act;

"credit information" means a collection of public and non-public

information and other related information, including Central Credit

Register data, which when assessed, assembled and evaluated

indicates the creditworthiness of a legal or natural person;

"credit reference agency" means any undertaking licenced by the

Trade Licensing Unit in terms of regulation 47A, the main business

of which is to prepare, assemble and evaluate credit information

and related credit and risk management services on legal and

natural persons for the purpose of issuing credit scores to be

furnished to third parties, provided that a credit reference agency is

not precluded from carrying out other related tasks;

"credit score" means a measure of creditworthiness derived from

credit information and which must under pain of nullity include

data derived from the Central Credit Register;

"critical operations" means any operations relating to the credit

scoring and credit information granting services that, if interrupted,

can put the business of a credit reference agency at risk, including, but

not limited to financial loss, damage, interruption or a breach of

security;

"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;

"dealer in precious metals and stones" means any person who

conducts the following operations

(a) manufacture of jewellery and related articles where

related articles in this case consists of;

(i) production of worked pearls;

(ii) production of precious and semi-precious stones

in the worked state, including the working of

industrial quality stones and synthetic or

reconstructed precious or semi-precious stones;

(iii) working of diamonds;

(iv) manufacture of jewellery of precious metal or of

base metals clad with precious metals, or

precious or semi-precious stones, or of

combinations of precious metal and precious or

semi-precious stones or of other materials;

(v) manufacture of goldsmiths’ articles of precious

metals or of base metals clad with precious

metals including articles for religious use;

(vi) manufacture of technical or laboratory articles

of precious metal (except instruments and parts

thereof): crucibles, spatulas, electroplating

anodes etc.

(vii) manufacture of precious metal watch bands,

wristbands, watch straps and cigarette cases;

(b) precious metals production;

(c) retail sale of watches and jewellery, precious stones and

precious metals in specialised stores where the main line

of activity is the selling of watches, jewellery, precious

stones and/or precious metals;

(d) retail sale of watches and jewellery, precious stones

and precious metals in stores where the main line of

activity is not the selling of watches and jewellery;

(e) wholesale of watches and jewellery;

(f)

wholesale of gold and other precious metals;

(g) wholesale of precious stones.

"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;

''Financial Intelligence Analysis Unit'' shall have the same meaning

as assigned to it in the Prevention of Money Laundering Act;

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

format;

"indemnity policy" means an insurance policy issued according

to documented terms and conditions, provided by a reputable

insurance company;

"legal entity identifier" means a unique identifier consisting of a

20-character alpha-numeric code, which allows for the

identification of legally independent entities in global financial

markets;

"legal organisation" has the same meaning assigned to it by article 1

of the Second Schedule of the Civil Code;

"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;

" M e m b e r St a t e " m e a n s a M e m b e r St a t e o f t h e E u r o p e a n

Economic Area;

"the Minister" means the Minister responsible for commerce;

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

Third Schedule;

"operational policies" means any framework policies and practices

of the credit reference agency;

"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;

"personal data" has the same meaning assigned to it by article 4 of

Regulation (EU) 2016/679 of the European Parliament and of the

Council of 27 April 2016 on the protection of natural persons with

regard to the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC;

"police certificate" means a comprehensive police certificate or

statement, issued by a national law enforcement authority or other

public authority in charge of criminal records, on the status of an

applicant’s criminal record;

"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;

"supervisory authority" means the Bank.

"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.

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

Deleted by Legal Notice 261 of 2020.

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

TRADING LICENCES

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

TRADING LICENCES

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

52.62C.1 (M) 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

52.62D.1 (M) 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

Marketing Agent of food and beverage products

Marketing Agent of non-food and non-beverage products

Busker

(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.

CONDITIONS FOR CARRYING OUTA 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

TRADING LICENCES

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.

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.

TRADING LICENCES

PART II

General Provisions

OPEN-AIR MARKETS

Streets

Triq Zarenu Dalli

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

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

Triq Santa Rita

Pjazza Santa Margerita

Pjazza tal-Lunzjata

Parking Area (Park Nazzjonali Ta’ Qali)

Triq l-Ordinanza

Misraħ San Ġakbu

Triq Antonio Sciortino, Triq Loret Vela

Pjazza Suq, Misraħ Indipendenza

Vjal Blue Grotto, Triq Stefan Zerafa, Triq Carmelo Caruana

Victoria - Pjazza Santa Sabina

(1) The First Schedule lists those commercial activities

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

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 any

other exemption or arrangement as the Minister may prescribe

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

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

a c t i v i t y, a n d , o r h i s e m p l o y e e s , s h a l l p o s s e s s t h e r e q u i r e d

qualifications as it may be prescribed.

(1) The Trade Licensing Unit shall, without delay,

acknowledge receipt of an application and receipt of the applicable

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

u n l e s s t h e Tr a d e L i c e n s i n g U n i t i s i n r e c e i p t o f al l t h e

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

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

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

accordance with the provisions of Part VI.

(1) Any licence issued under the Act for a commercial

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

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

provided in regulation 46 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

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

individual personally and by reference to the applicable type codes

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)

Provided that nothing in these regulations or in any licence shall be

interpreted as authorising any person to continue to exercise a

commercial activity at a place where such commercial activity may no

longer be exercised according to law.

(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

Licensing Unit in the following circumstances

(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

shall be automatically renewable subject to the continued

compliance 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

c o m m e r c i a l a c t i v i t y, w h i c h r e q u i r e s a l i c e n c e u n d e r t h e s e

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

Li cen si ng Un it, fo llow ing a recom mendat ion by t he 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

Li cen si ng Un it, fo llow ing a recom mendat ion by t he 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 issued under this Part shall be in the name of an individual

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 subject

(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

authorities.

(1) 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 ill;

(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 be used;

(d) the address of the premises where the goods are to be

stored;

(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

holder;

(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

TRADING LICENCES

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) 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 community officer are

called to settle a dispute between hawkers who are

closer to each other than fifty (50) metres of walking

distance, the police or community officer 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

(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

applicable, shall mutatis mutandis apply to licences issued under

this Part.

(1) A licensee of a principal commercial activity shall

make an application on an appropriate form to the Trade Licensing

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

place items on the market.

(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 Uni t, fol lowin g a r ecomm endati on 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.

(1) 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 held.

(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

TRADING LICENCES

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 from

a premises, a commercial fair or a commercial exhibition, of goods

or services, which could be sold to the public at the location of the

commercial fair or commercial exhibition or from another location,

unless

(a) a commercial fair authorisation or as a commercial

exhibition authorisation as the case may be, has been

issued specifically for such an activity from the Trade

Licensing Unit; and

(b) the premises where the commercial fair or commercial

exhibition is to be organised has a permit, from the

authority responsible for planning, building and

development, which allows the sale by retail or the

hosting of fairs or exhibitions.

(2) In order to secure a commercial fair or commercial exhibition

authorisation a person must submit at least ten days prior to the

proposed event a notification on the appropriate form which must

include the following information

(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

held.

Provided that the notification must be accompanied by

the permit referred to in sub-regulation (1)(b) or an

official document indicating that the authority

responsible for planning, building and development

has no objection to the fair in question

Provided further that the Trade Licensing Unit may

request any additional document and information as

reasonably and objectively justified.

(3) A person who completes the notification procedure as

required shall, for the purposes of this regulation, be deemed to be

authorised to organise the relevant commercial fair or commercial

exhibition as applied for unless the Trading Licence Unit does not

within five days

(a)

send a request to the applicant to supply any

additional information or documentation;

(b)

issue an authorisation subject to any conditions it may

deem fit; or

(c) refuse the authorisation giving its reasons for such

refusal

Provided that if the Trading Licence Unit sends a

request for additional information or documentation,

the issue or refusal of the authorisation shall be made

within five days from the provision of the additional

information or documents.

(4) The period of five days mentioned in sub-regulation (3)

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.

(5) A notification form shall not be deemed to be complete

unless the Trading Licences Unit is in receipt of all the information

or documentation required. If an applicant fails to produce the

requested information and or documentation within twenty (20)

working days from the date of the request by the Trading Licences

Unit, then such notification shall be deemed to be null

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

organiser of the commercial fair or commercial exhibition requires

an extension for the provision of any said documentation the

Trading Licence Unit may, if it considers that there are justifiable

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

(6) The Trading licence Unit may refuse to issue an

authorisation for reasons of public policy, public safety, public

s e c u r i t y, p u bl i c h e a lt h , t h e pr o t e c t i o n o f t h e en v i r o n m e n t ,

safeguarding national heritage, town and country planning and

safeguarding national or local projects.

(7) The acknowledgment of the receipt by the Trading

Licences Unit of the notification shall serve as proof of such

notification.

(8)

An authorisation 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 Good Friday.

(9) Authorisations may be issued consecutively for the same

commercial fair or commercial exhibition from the same location,

however, such extension shall not result in the fair or exhibition

exceeding thirty (30) days

Provided that there should not be more than four

commercial fairs or commercial exhibitions of the same product in

one calendar year.

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 -

(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

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

C o d e o f O rg a n i z a t i o n a nd C i v il P r o c e d u r e r e f e r r i n g t o t h e

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

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

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

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

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

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

(1) The following fees shall be payable to the Trade

Licensing Unit, with the application and shall be paid every three

years thereafter, 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: forty euro (€40);

(b)

to act as a street hawker selling bread using any means

of transport: twenty euro (€20);

(c)

to act as a street hawker selling fruit and, or

vegetables or fish using any means of transport: thirty

euro (€30);

(d) to act as a street hawker selling traditional Maltese

nougat (qubbajt): forty euro (€40);

(e) to act as a market hawker forty euro (€40);

(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: sixty euro

(€60);

(g) to act as a marketing agent forty euro (€40) per every

vehicle licensed

Provided that these fees shall not apply in those cases

where the fees being paid are lower

Provided further that these fees shall nonetheless apply

in those cases where the licence is transferred to

another owner.

(2) 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 busker: ninety euro (€90) per annum

irrespective of duration;

(b)

to act as an auctioneer: fee of two hundred euro

(€200) per annum in respect of the consideration by

the Auctioneers Board on submitting the application

and forty euro (€40) per annum thereafter if a licence

is granted; and

(c) for the organisation of every car boot sale: forty euro

(€40) per event.

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

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

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 one thousand euro (€1000) to the relevant authority

TRADING LICENCES

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 VIIA

Credit Reference Agencies

(1)

Without prejudice to regulation 9 and to any other

license or authorization needed under any other law, an application for

a trading license in order to carry out the business of a credit reference

agency shall be made in duplicate to the Trade Licensing Unit on the

appropriate form which shall inter alia include the following

information

(a)

the applicant’s legal status;

(b)

the address of the applicant’s head office and the

principal place of business if applicable;

(c)

the names of the persons who effectively direct

the business and the operations of the credit reference agency.

(2)

The application shall be accompanied by a non-

refundable fee of five hundred euro (€500) and the following

documents submitted in duplicate

(a)

a declaration of business activities disclosing the

programme of operations, setting out in particular the type of

activities undertaken by the applicant;

(b)

a copy of the Memorandum and Articles of

Association in case the applicant is a company or a copy of the

Statute in case the applicant is a legal organisation other than a

company clearly specifying the operation of a credit reference

agency as one of the main objectives;

(c)

a description of the structure of the organisation,

governance arrangements, and the operational policies covering

the critical operations including, where applicable, a

description of the intended use of branches;

(d)

a document disclosing that the credit reference

agency has an active legal entity identifier;

(e)

a document describing the technological

infrastructure and capacity in place including the type of

scoring methodology used for the issuance of credit scoring;

(f)

a statement in writing confirming that central

credit register data will be used for the issuance of credit scores;

(g)

a document disclosing the statutory auditors or

audit firms responsible to carry out the audit of the credit

reference agency;

(h)

if the credit reference agency is a company, a copy

of the business model and a copy of the audit financial

statements or consolidated financial statements of the last three

(3) years, if applicable;

(i)

if the credit reference agency is a legal

organisation other than a company, a copy of the business

model and a copy of the management accounts; and

(j)

a copy of the financial statements showing that the

credit reference agency has capital and reserves of not less than

one hundred thousand euro (€100,000).

(3)

The Trade Licensing Unit shall within five (5) working

days from the date of receipt of two (2) copies of the application form

and the accompanying documents in duplicate submit a copy of each

to the Bank for assessment and opinion.

(4)

Without prejudice to sub-regulation (1) of regulation

47A the Trade Licensing Unit of its own accord or at the

recommendation of the Bank may require the applicant to submit

further documentation and information for the issuance of a license.

(5)

The Trade Licensing Unit in consultation with the Bank

shall assess and determine the application.

(6)

In the case of an application made in terms of this

regulation an application can only be submitted by a company or a

legal organization

Provided that as from 1 st January 2022, an application

for a trading licence in order to carry out the business of a credit

reference agency can only be submitted by a company

Provided further that a licence to carry out the business

of a credit reference agency issued by the Trading Licensing Unit to a

legal organisation other than a company before 1 st January 2022 shall

be withdrawn where such a legal organisation does not register itself

as a company in accordance with the Companies Act or equivalent

legislation of another member state of the European Economic Area by

30th June 2022 and inform the Trading Licences Unit in writing of the

aforementioned change submitting proof thereof.

(1)

The Trade Licensing Unit shall, without delay,

acknowledge receipt of an application and receipt of the applicable

licence fee in writing to the applicant and shall specify the procedure

under which a refusal by the Trade Licensing Unit to grant a licence

may be appealed in terms of the Act and Part VI of these regulations

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.

(2)

The Bank shall within ten (10) working days of being

informed by the Trade Licensing Unit about the receipt of an

application

(a)

report to the Trade Licensing Unit whether the

Bank is satisfied that the information and documentation

submitted is complete; or

(b)

in the case of incomplete information and, or

documentation, indicate to the Trade Licensing Unit the

additional information and, or documentation needed, in

accordance with sub-regulation 3 of regulation 47A.

(3)

The Bank shall give its recommendation for the issuance

of a license or otherwise, to the Trade Licensing Unit within three (3)

months from the date of receipt of a complete application

Provided, that during the three (3) month period, the

Bank may require further clarifications, additional information and

documentation

Provided further, that the three (3) month period may at

the discretion of the Bank be extended for one period of not more than

three (3) months. Such extension and the reasons therefore shall be

notified to the Trade Licensing Unit who shall inform the applicant of

the extension.

(4)

An application for a licence is deemed to be determined

by the Trade Licensing Unit in consultation with the Bank when

(a)

the Trade Licensing Unit in consultation with the

Bank has decided to issue a licence without condition; or

(b)

the Trade Licensing Unit in consultation with the

Bank has decided to issue a licence subject to conditions it may

deem appropriate

Provided that, all such conditions shall be

specified in writing.

(5)

If a licence is issued, it is to be issued in the name of the

credit reference agency, and by reference to the applicable code issued

by the Trade Licensing Unit

Provided that the licence so issued is non transferable

Provided further the conditions contained in the Second

Schedule shall not apply in the case of credit reference agencies.

(1)

The Trade Licensing Unit shall refuse the

application on the recommendation of the Bank if it is not satisfied

(a)

all qualifying shareholders and all persons who

will effectively direct the operation of the credit reference

agency are suitable persons to ensure prudent management;

(b)

the credit reference agency has a sound and

prudent management, and has a robust governance

arrangement, including a clear organisational structure;

(c)

there is in place an effective procedure to identify,

handle and manage operational or security incidents to which

the credit reference agency might be exposed to;

(d)

there is in place an effective complaints procedure

to investigate complaints from consumers arising out, or in

connection with, any alleged infringement by the credit

reference agency;

(e)

there is in place a disposal procedure for the

deletion of credit score, Central Credit Register data and credit

information established to be inaccurate or ineligible;

(f)

there is in place a indemnity insurance against any

liability which the credit reference agency may incur for

compensation in respect of any loss or damage which any

person may suffer as a result of any negligent act, error or

omission committed by the applicant in the carrying out of its

business in a policy year in which that person is covered; or

(g)

other requirements considered necessary in the

particular circumstances, were not met.

(2)

Without prejudice to sub-regulation (1) and regulation

47A, the Trade Licensing Unit, on the recommendation of the Bank,

may refuse to issue the license if it deems fit.

(3)

A decision to refuse the issuance of a license shall be

accompanied with the reasons for such refusal.

(4)

Any applicant who feels aggrieved by a decision of the

Trade Licensing Unit may file an appeal to the Licensing Appeals

Board in accordance with the Act and Part VI.

Without prejudice to sub-regulation (6) of regulation 9, a

license to carry out the business of a credit reference agency shall be

deemed null ab initio if the pre-requisites of regulations 47A and 47C

were not met by the applicant.

TRADING LICENCES

(1)

A license may be cancelled by the Trade

Licensing Unit

(a)

where it becomes aware of proof of dissolution of

said credit reference agency; or

(b)

at the request of the credit reference agency or at

the request of a person authorised to so act on its behalf. Such

request shall be made on the appropriate form.

(2)

The effective date of cancellation in the case of

dissolution shall be the day following the date of dissolution of the

credit reference agency.

(3)

Without prejudice to sub-regulation (1) a licence to carry

out the business as a credit reference agency can be suspended or

cancelled by the Trade Licensing Unit on the recommendation of the

Bank

(a)

when the credit reference agency does not

commence the operation pursuant to the licence within twelve

(12) months of its issue, or has ceased its operations for more

than six (6) months; or

(b)

when the credit reference agency no longer fulfils

the conditions for the granting of a licence; or

(c)

if it is considered that, by reason of the manner in

which the credit reference agency is conducting its affairs,

would constitute a breach of personal data pertaining to data

subjects or a breach in operations as stipulated in the CBM

Directive No 15; or

(d)

if it is considered that, the credit reference agency

has failed to satisfy any of its obligations or any of the

provisions arising under these regulations, the CBM Directive

No 15 or under the provisions of any other law; or

(e)

if the board of directors, any of the ultimate

shareholders, or any of the administrators have been found

guilty of negligence, irregularity or misconduct; or

(f)

when the credit reference agency does not abide

with the requirements and obligations issued by the Bank, as

the supervisory authority, from time to time; or

(g)

if the capital and reserves is less than hundred

thousand euro (€100,000); or

(h)

if the credit reference agency conducts any other

business which could give rise to a conflict of interest with the

task of the issuance of a credit score;

(i)

if the Central Credit Register data is being used

for any purpose other than for the issuance of a credit score;

Provided that in the case of suspension or

cancellation of the license, no refund of fees will be affected by

Trade Licensing Unit.

(5)

The Trade Licensing Unit, on the recommendation of the

Bank, may

(a)

require the removal of any director, manager,

administrator, trustee or principal officer;

(b)

impose other restrictions as the Bank, as the

supervisory authority, may stipulate form time to time.

(6)

A company or legal organisation other than a company

which has its licence suspended or cancelled shall cease to act as a

licensed credit reference agency from the date on which the

suspension or cancellation takes effect

Provided that the suspension shall cease to take effect

when the Bank informs the Trading Licensing Unit that the credit

reference agency has abided with the requirements issued by the Bank.

(7)

The Trade Licensing Unit and the Bank shall publish a

notice of suspension or cancellation of a licence on its website.

(1) A licence to carry out the business of a credit

reference agency shall be renewable every five (5) years upon a

submission by the credit reference agency for a renewal. A charge for

renewal of the licence will be issued by the Trade Licensing Unit,

following the recommendation of the Bank

Provided that the fee of five hundred euro (€500) shall be

paid within thirty (30) working days of the charge being issued.

(2)

Where the renewal fee payable under sub-regulation (1)

is not paid within thirty (30) days, the Trading Licensing Unit shall

upon the lapse of such time, notify the credit reference agency of such

failure and impose a late payment fee of one hundred euro (€100).

(3)

Should the renewal fee payable under sub-regulation (1)

and the late-payment fee under sub-regulation (2) of this regulation not

be paid within one hundred and fifty (150) days from when such fee

becomes due, the license to carry out the business of a credit reference

agency shall be cancelled.

(1)

A license holder shall provide the Trade Licensing

Unit, and the Bank and any other person authorised in that behalf, all

information and documentation as may be appropriately required in

relation to the commercial activity licensed under these regulations.

(2)

The Trade Licensing Unit, and any other person so

authorised as aforesaid shall have the right to enter, with the assistance

of the Police, and inspect any premises related to a commercial

activity, and require additional documentation

Provided that, the Bank, as a supervisory authority, has

the right to enter the premises and inspect any information or

documentation as may be necessary related to the commercial activity

of a credit reference agency, without the assistance of the Police.

A company or a legal organisation operating as a credit

reference agency shall ensure conformity with the requirements within

six (6) months from the day of the coming into force of these

regulations. If a company or a legal organisation does not comply with

the requirements of these regulations, it shall be prohibited from

carrying out the business of a credit reference agency

PART VIII

Dealers in Precious Metals and Stones

Without prejudice to regulation 9 and to any other licence

or authorization needed under any other law, no person shall carry

on the business of a dealer in precious metals and stones after 1st

January 2021 unless he is the holder of a licence issued under these

regulations

Provided that any person who was registered with the VAT

department up to and including 1st January, 2021 as performing

any of the operations listed under the definition of dealer in

precious metals and stones under these regulations

(a) may continue to do so until said date without the need

of a trading licence;

(b) shall be deemed to have been issued a licence as from

1 st January 2021 unless that person had informed the

Trade Licensing Unit that he is not willing to be so

deemed and that he will not be continuing operating as

a dealer;

(c) shall be deemed to have given consent to have a

licence number, the name of the licence holder and the

nature of the commercial activity published as per

regulation 12;

(d) shall be bound by the conditions of these regulations

as from 1 st January 2021.

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

the business of a dealer in precious metals and stones shall be made

to the Trade Licensing Unit on the appropriate form which shall

inter alia include the following information

(a) an indication whether the applicant is a sole trader or a

commercial partnership;

(b) the address of the applicant’s head office and the

principal place of business if applicable;

(c) the names of the persons who effectively direct the

business and operations and in the case of sole traders

also the names of the owners;

(d) the business activity in respect of which the

application is being applied for.

(2) Where the business is a commercial partnership the form

shall also include

(a) the official full name and registration number of the

commercial partnership;

(b) the date of incorporation or registration of the

commercial partnership;

(c) the registered address or principal place of business of

the commercial partnership;

(d) the names and identity reference numbers of all

directors, partners, the company secretary and

beneficial owners of the commercial partnership.

(3) The application shall be accompanied by the following

documents

(a) a police certificate, issued not more than one (1) month

before the date of filing of the application, of the persons

who effectively direct the business, of the owner or

owners of the business and as applicable of all directors,

partners, the company secretary and beneficial owners;

and

(b) a document issued by the statutory auditors or audit firms

responsible to carry out the audit of the operation in

question indicating such responsibility.

(4) Without prejudice to the above sub-regulations, the Trade

Licensing Unit may require the applicant to submit further

documentation and information.

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

u n l e s s t h e Tr a d e L i c e n s i n g U n i t i s i n r e c e i p t o f a l l t h e

documentation required to be submitted together with the

application form.

For a person to be eligible for a licence under this Part, that

person must

(a) be over eighteen (18) years old;

(b) not have been convicted by any competent court or

tribunal in or outside Malta, of any offence punishable

by deprivation of liberty or a detention order for a

maximum of more than one (1) year or, in the case of

jurisdictions that have a minimum threshold for

offences in their legal systems, any offence punishable

by deprivation of liberty or a detention order for a

minimum of more than six (6) months, other than

involuntary homicide or other crime against the person

excusable in terms of the Criminal Code; and

(c) is, in the opinion of the Trade Licensing Unit, a fit and

proper person to carry on the business of a dealer in

precious metals and stone, after the Trade Licensing

Unit considered the person’s conduct and repute, and

the interests of the public

Provided that for a commercial partnership to be eligible

for a licence under these regulations, the directors, partners,

secretary and beneficial owners must satisfy the eligibility criteria

under paragraphs (b) and (c).

(1) The Trade Licensing Unit shall, without delay,

acknowledge receipt of an application and receipt of the applicable

licence fee in writing to the applicant and shall specify the procedure

under which a refusal by the Trade Licensing Unit to grant a licence

may be appealed in terms of the Act and regulations.

(2) The Trade Licensing Unit shall within three (3) working

days from the date of receipt of the application form with all the

obligatory information and the accompanying documents, forward

relevant details which may include copy of application forms and

accompanying documents to any entity it deems fit, for assessment

and opinion.

(3) Without prejudice to regulation 49, the Trade Licensing

Unit, may at any time before it takes a decision on the issuance of a

licence, require the applicant to submit further documentation and

information.

(4) An entity contacted by the Trade Licensing Unit for opinion

and assessment shall, provide all information requested to the Trade

Licensing Unit within twenty (20) working days from the date of

receipt of a complete application

Provided that during the twenty (20) working day period, the

said entity may require further clarifications, additional information

and documentation in which case the twenty (20) working days shall

run from when said information and documentation is provided to said

entity

Provided further that the twenty (20) working day period may

at upon request of the entity be extended for one period of not more

than twenty (20) working days. Such extension shall be notified to the

Trade Licensing Unit before the expiry of the first twenty (20) day

period.

(5) If the entity contacted by the Trade Licensing Unit for opinion

and assessment does not reply within the periods a stipulated above, it

will be deemed to have no relevant information or advice in relation to

the application of a dealer.

(6)

The Trade Licensing Unit may

(a)

issue the licence subject to any conditions it may

deem fit; or

(b) refuse the application for a licence

Provided that when any licences are issued subject to

conditions, all such conditions shall be specified in writing and shall

form an integral part of the licence.

(7)

The Trade Licensing Unit may from time to time, vary or

revoke any conditions so imposed or may impose new conditions

Provided that the Trade Licensing Unit before varying or

revoking any conditions or adding new ones shall notify the licence

holder of its intention and request him to make any submissions

within twenty (20) working days

Provided further that after said period of twenty (20) days,

the Trade Licensing Unit shall decide whether or not to proceed

with its intended action taking into consideration any submissions

it may have received from the licence holder.

(8) The provisions in sub-regulation (6) shall apply in case of

renewals of a licence.

(9) If a licence is issued, it is to be issued by reference to the

applicable code issued by the Trade Licensing Unit

(a) in the name of the owner or owners of the business

listed in the application form where the business is not

owned by company;

(b) in the name of the commercial partnership where the

business is to be carried out by a commercial

partnership

Provided that a licence once so issued is non-transferable.

(1)The Trade Licensing Unit shall refuse the application or

a renewal of licence if it is not satisfied that the person on whom

the trading licence or renewal thereof is to be issued and, where

that person is a commercial partnership, the directors, partners,

company secretary and beneficial owners thereof fulfil the

eligibility criteria envisaged under regulation 50.

(2) The Trade Licensing Unit may also refuse the application on

the basis of other matters or non compliance with other requirements

which may be considered necessary in the particular circumstances.

(3) A decision to refuse the issue of a licence shall be

accompanied with the reasons for such refusal

Provided that for reasons of public safety and public

security, the Trade Licensing Unit may not give any reasons for

refusal.

(4) Any applicant who feels aggrieved by a decision of the

Trade Licensing Unit may file an appeal to the Licensing Appeals

Board in accordance with the Act and relevant provisions of the

regulations.

(1)An application shall be deemed to be invalid

(a) when it does not contain the name and contact details

of the applicant;

(b) when it does not include, or is not accompanied by the

information and documentation envisaged under sub-

regulations (1) to (3) of regulation 49;

(c) when the applicant does not within sixty (60) working

days provide any requested information or documents

to the Trade Licensing Unit

TRADING LICENCES

Provided that before the expiry of the sixty (60) working

days, an applicant may request an extension for another sixty (60)

(2) When an extension is requested by the applicant, the

application shall be deemed invalid after the expiry of the extended

period of sixty (60) days.

(1) Applikazzjoni għandha titqies bħala invalida

(a) meta ma jkunx fiha l-isem u d-dettalji ta’ kuntatt tal-

applikant;

(b) meta ma tinkludix, jew ma tkun nieqsa mill-

informazzjoni u d-dokumentazzjoni previsti taħt is-

subregolamenti (1) sa (3) tar-regolament 49;

(ċ) meta l-applikant ma jipprovdi l-ebda informazzjoni

jew dokumenti mitluba fi żmien sittin (60) jum ta’

xogħol

Iżda applikant qabel l-iskadenza tas-sittin (60) jum

tax-xogħol jista’ jitlob estensjoni għal sittin (60) jum

ieħor.

(2) Meta tintalab estensjoni mill-applikant, l-applikazzjoni

għandha titqies bħala invalida wara l-iskadenza tal-perjodu estiż ta’

sittin (60) jum.

Without prejudice to sub-regulation (6) of regulation 9, a

licence to carry out the business of dealer under this Part shall be

deemed null ab initio if the pre-requisites of regulations 49, 50 and

52 were not met by the applicant.

(1)A licence may be cancelled under this Part by the Trade

Licensing Unit

(a) where it becomes aware of proof of dissolution of the

business operation in respect of which the licence was

issued; or

(b) at the request of the person on whom the licence was

issued or at the request of a person authorised to so act

on its behalf. Such request shall be made on the

appropriate form.

(2) The effective date of cancellation in the case of dissolution

shall be the day following the date of dissolution of the business

operation in question.

(3) Without prejudice to sub-regulation (1), a licence to carry out

the business of a dealer in precious metals and stones may be

suspended or cancelled by the Trade Licensing Unit

(a) when the commercial activity does not commence the

operation pursuant to the licence within twelve (12)

months of its issue, or has ceased its operations for more

than six (6) months; or

(b) when the commercial activity no longer fulfils the

conditions for the granting of a licence including the

eligibility criteria envisaged under regulation 50; or

(c) if in the opinion of the Trade Licensing Unit, the manner

in which the commercial activity is conducted, is in

breach of any legal obligations; or

(d) where the Trade Licensing Unit is informed by the

Financial Intelligence Analysis Unit that a licensed dealer

in precious metals or stones has seriously, repeatedly or

systematically failed to satisfy its obligations under the

Prevention of Money Laundering Act or the Prevention of

Money Laundering and Funding of Terrorism

Regulations; or

(e) if any director, partner, company secretary, or beneficial

owner of a licensed dealer in precious metals and stones

has been found guilty of irregularity or misconduct.

(4) In the event that a licence is suspended or cancelled, no refund

of fees will be affected by Trade Licensing Unit.

(5)

The Trade Licensing Unit, may lift a suspension subject to

(a) the removal of any director, manager, or partner; or

(b) provision of proof of compliance with any obligation or

restriction imposed.

(6) A dealer in precious metals or stones which has his licence

suspended or cancelled shall cease to act in that capacity from the date

on which the suspension or cancellation takes effect

Provided that the suspension shall cease to have effect

from the date when the Trade Licensing Unit notifies the dealer in

writing that it is satisfied that the dealer has abided with the

obligations or restrictions imposed.

(7) The Trade Licensing Unit shall publish a notice of suspension

or cancellation of a licence and a notice of the lifting of a suspension of

a licence on its website.

(1)A licence to carry out the business of a dealer in precious

metals and stones shall be renewable every three (3) years upon a

submission by said dealer for renewal

Provided that in the case of those Dealers in Precious Metals

and Stones who are deemed to have been licensed as from 1 st January

2021, in terms of regulation 48, may at any time after January 2021 be

required by the Trade Licensing Unit to provide it with all the details

and documentation which must be provided when applying for a new

licence

Provided further that if the Trade Licensing Unit considers

that the dealer is not in compliance with the eligibility criteria

envisaged under regulation 50, the Trade Licensing Unit shall cancel

or suspend the licence as it deems appropriate.

(2) An application for the renewal of a licence may be made to

the Trade Licensing Unit n ot earlier than three (3) months

preceding the date of the expiry of the licence.

(3) A dealer may not continue operating as a dealer unless he

submits an application for renewal and the licence is renewed.

In the case of a commercial partnership the dealer shall

when there is any change in to the composition of directors,

partners or beneficial owners, inform the Trade Licensing Unit

within thirty (30) working days of such change.

PART IX

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).

Trading licences issued, under the Trading Licences

Regulations, 2006 * , prior to the coming into force of these

regulations shall continue to be valid subject to the provisions of

these regulations.

*revoked by these regulations.

TRADING LICENCES

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

LIĊENZI TAL-KUMMERĊ

Attivitajiet oħra professjonali

u

kummerċjali

mhux

ikklassifikati x’imkien ieħor

Attivitajiet ta’ fiera kummerċjali, esibizzjoni u organizzaturi

ta’ kungress

Il-produzzjoni ta’ metalli prezzjużi

Manifattura ta’ ġojjellerija u oġġetti relatati

Bejgħ bl-ingrossa ta’ arloġġi u ġojjellerija.

Bejgħ bl-ingrossa ta’ deheb u metalli prezzjużi oħrajn

Bejgħ bl-ingrossa ta’ ħaġar prezzjuż

Bejgħ bl-imnut ta’ arloġġi, ġojjellerija, ħaġar prezzjuż u metalli

fi ħwienet mhux speċjalizzati fejn il-linja ewlenija ta’ attività

mhijiex il-bejgħ ta’ arloġġi u ġojjellerija eżempju

dipartimentali.

Bejgħ bl-imnut ta’ arloġġi, ġojjellerija, ħaġar prezzjuż u/jew

metalli prezzjużi fi ħwienet speċjalizzati fejn il-linja ewlenija ta’

attività hija l-bejgħ ta’ arloġġi, ġojjellerija, ħaġar prezzjuż u/jew

metalli prezzjużi

Attivitajiet tal-għalliema tal-mużika,

snajja,

sports

u

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#

LIĊENZI TAL-KUMMERĊS

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-

s u q f i l - b e r a ħ t a ’ k u l j u m m i n b a r r a l - Ħ d u d ) u r- R a b a t ,

Għawdex)

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

fir-Rabat, Għawdex

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

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

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

fil-Belt Valletta

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

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

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

Ġerrej

Irkantatur

Il-produzzjoni ta’ metalli prezzjużi

Manifattura ta’ ġojjellerija u oġġetti relatati

Bejgħ bl-ingrossa ta’ arloġġi u ġojjellerija.

Bejgħ bl-ingrossa ta’ deheb u metalli prezzjużi oħrajn

Bejgħ bl-ingrossa ta’ ħaġar prezzjuż

Bejgħ bl-imnut ta’ arloġġi, ġojjellerija, ħaġar prezzjuż u metalli

fi ħwienet mhux speċjalizzati fejn il-linja ewlenija ta’ attività

mhijiex il-bejgħ ta’ arloġġi u ġojjellerija eżempju

dipartimentali.

Bejgħ bl-imnut ta’ arloġġi, ġojjellerija, ħaġar prezzjuż u/jew

metalli prezzjużi fi ħwienet speċjalizzati fejn il-linja ewlenija ta’

attività hija l-bejgħ ta’ arloġġi, ġojjellerija, ħaġar prezzjuż u/jew

LIĊENZI TAL-KUMMERĊ

metalli prezzjużi

872

Auctioneer

24.41

Precious metals production

32.12

Manufacture of jewellery and related articles

46.48

Wholesale of watches and jewellery

46.72

Wholesale of gold and other precious metals

46.76

Wholesale of precious stones

47.19A

Retail sale of watches, jewellery, precious stones and metals in

non-specialised stores where the main line of activity is not the

selling of watches and jewellery example departmental stores

47.77

Retail sale of watches, jewellery, precious stones and/or precious

metals in specialised stores where the main line of activity is the

selling of watches, jewellery, precious stones and/or precious metals

91

Commercial activity of a Credit Reference Agency