- CHAPTER 441
- PART I - PRELIMINARY
- PART II - ADMINISTRATION
- PART III - ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS
- PART IV - GENERAL PROVISIONS
CHAPTER 441
To make provision for the regulation of commercial activities; and to make provision for matters ancillary to or connected with such activities.
1st January, 2002; 2nd May, 2002
ACT XXVII of 2001, as amended by Act XXI of 2005; Legal Notice 426 of 2007; and Acts XXII and XXIII of 2009.
PART I -PRELIMINARY "commercial activity" means the exercise of any trading or economic activity including the sale of goods, and the provision of any services as may be prescribed, irrespective of whether such commercial activity is exercised from commercial premises or otherwise but shall not include any commercial activity regulated under any other law;
"commercial exhibition" means an event in one location in which one participant displays or promotes his goods or services with a view to sell such goods or services from such location or from elsewhere:
Provided that such event shall not comprise the display or promotion of goods or services for wholesale or retail from a premises licensed for such purposes;
"commercial fair" means an event in one location in which more than one participant display or promote their goods or services from different sites of such location with a view to sell such goods or services from such location or from elsewhere;
"commercial premises" includes any shop, showroom, stall, store, or any other premises from where any commercial activity is carried on; and includes any enclosed area within which commercial fairs are held and includes also any other premises as may be prescribed from which any service may be provided;
"exhibition" means an event in one location in which one or more participants display or promote their goods or services without the intention to sell such goods or services from such location or from elsewhere;
"Local Council" shall have the same meaning assigned to it by the Local Councils Act;
"locality" in relation to a Local Council, shall have the same meaning assigned to it by the Local Councils Act and includes any arterial or distributor road or any other area within the boundaries of such locality, which, under the provisions of the said Act are excluded from the responsibility of a Local Council;
Short title.
Interpretation.
Amended by:
XXI. 2005.2;
XXIII. 2009.107.
Cap. 363.
Regulatory authority.
Amended by:
XXI. 2005.3.
Applicability of the Act.
Licensing Appeals Board.
Renumbered and Amended by:
XXIII. 2009.109.
Cap. 12.
"Minister" means the Minister responsible for commerce;
"open air market" means an open air market established under article 23;
"prescribed" means prescribed by regulations made by the Minister for the purposes of this Act;
"regulatory authority" means the person or authority designated by the Minister as regulatory authority in terms of article 3 of this Act;
"sale" includes any exchange or transfer in solidum;
"street" means any street and includes any road, alley, square, fortification or other place of public passage;
"the Treaty" means the Treaty establishing the European Community.
PART II -ADMINISTRATION
3. (1) The administration of this Act shall be vested in the Minister or such other person or authority designated by the Minister for any of the purposes of this Act. said member. Provided that the Minister may appoint a substitute secretary in the following cases: 6. (1) An appeal shall lie to the Licensing Appeals Board on any decision taken in accordance with the provisions of this Act and any regulations made thereunder. The right of appeal shall be competent to the applicant and to any person showing such interest as may be prescribed who has duly filed an objection or made representations against the grant of the licence. (4) In determining an appeal under this article the Board may: 7. (1) The Board shall be competent to hear and decide any appeal made to it in accordance with the provisions of this Act and any regulations made thereunder; and the decisions of the Board shall be final and conclusive. Appeals.
Amended by:
XXI. 2005.7. Renumberd by:
XXIII. 2009.110.
Powers and procedures of the Board.
Renumberd by:
XXIII. 2009.110.
Appeals to the Court of Appeal.
Renumberd by:
XXIII. 2009.110.
Cap. 12.
Appeal not to suspend decision.
Renumberd by:
XXIII. 2009.110.
Activities requiring licence and permits.
Added by:
XXIII. 2009.111.
law.
(4) The procedure to be followed before the Board, the time within which and the manner in which an appeal to the Board is to be made shall be such as may be prescribed; and subject thereto, and to any other applicable provision of this Act, the Board may establish its own procedure. Provided that any commercial activity, as may be prescribed, may: Provided further that all persons carrying out any commercial activity shall still be required to comply with the relevant provisions of this Act and of any regulations subsidiary to it, irrespective of the type whether the commercial activity is licensed as a result of an application to the regulatory authority or is deemed to be licensed following a notification to the regulatory authority.
(2) Certain activities as may be prescribed may: Provided that a person who holds on any special or special day or days: shall only require a permit from the Commissioner of Police issued under this Act.
(3) The issuing of a licence by a regulatory authority or a permit by the local authority or Commissioner of Police may be subject to: Provided that the regulatory authority may require the applicant to prove his competence to carry on the relevant commercial activity by means of other qualifications for reasons of overriding public interests, in terms of Directive 2006/123 of the European Parliament and of the Council of 12 December, 2006 on services in the internal market:
Provided further that where a person is legally established to carry on in another Member State a commercial activity falling under the implementing provisions of Directive 2006/123 of the European Parliament and of the Council of 12 December, 2006 on services in the internal market and is seeking a licence in Malta, the regulatory authority, in compliance with same Directive, shall not duplicate requirements or controls which are equivalent or essentially comparable as regards their purpose to which such person may already be subject to in another Member State.
(4) Notwithstanding any licence, permit or authorisation issued, the Commissioner of Police may: Cap. 451.
Commercial activity on a nonpermanent and occasional basis.
Added by:
XXIII. 2009.112.
Cap. 500.
Establishment of open-air markets.
Renumbered by:
XXIII. 2009.115.
Selling from open-air markets.
Added by:
XXIII. 2009.117.
Vending machines, etc.
Added by:
XXIII. 2009.118.
Appeals from decisions of Local Councils.
Renumbered by:
XXIII. 2009.119.
Power of Minister responsible for local government to make regulations.
Amended by:
L.N. 426 of 2007. Renumbered by:
XXIII. 2009.119.
permit or licence or authorization was issued or should have been issued under this Act.
11. Where a person is already licensed or otherwise legally established to carry on a commercial activity in another Member State, and that person wishes to carry out such commercial activity in Malta on a non-permanent and occasional basis, the regulatory authority shall not prevent that person from doing so by imposing any requirements which are discriminatory, unnecessary or disproportionate:
Provided that the regulatory authority may impose such requirements with regard to the provision of a particular service activity, where these are justified for reasons relating to public policy, public security, public health or the protection of the environment:
Provided also that in establishing whether a service provider is exercising his freedom to provide services within the meaning of article 16 of the Services (Internal Market) Act, and Article 49 of the Treaty, or is an establishment case, or whether a service provider is abusively taking advantage of the freedom to provide services, the competent authority shall assess and decide each case on its individual merits and in conformity with Community law and rulings of the European Court of Justice.
PART III -ACTIVITIES REQUIRING PERMIT BY LOCAL COUNCILS (iii) the obligations of hawkers operating from open-air markets.
(2) Such regulation may provide that any person contravening the provisions of any such regulations or any condition attaching to any such permit or authorisation, shall be guilty of an offence under the regulations and shall, on conviction, be liable to a fine (ammenda) as may be established in such regulations, which fine (ammenda) shall not exceed four hundred and sixty-five euro and eighty-seven cents (465.87).
PART IV -GENERAL P TRADING LICENCES ACT