Beach Authority Act

Beach Authority (Traders' Licence) Regulations 2004

[GN 91 of 2004 – 2 July 2004] [Section 22]

1. These regulations may be cited as the Beach Authority (Traders' Licence) Regulations 2004.

2. In these regulations –

"Act" means the Beach Authority Act;

"appropriate fee", in relation to a trade, means the corresponding annual fee specified in the second column of that Schedule;

"authorised officer" means a person designated by the Authority;

"designated area" means an area designated by the Authority for the carrying on of a trade;

"financial year" means the period starting on 1 July and ending on 30 June in the next year;

"licensee" means a person who has been granted a licence under regulation 7;

"trade" means a trade specified in the first column of the First Schedule.

[Reg. 2 amended by reg. 3 of GN 80 of 2008 w.e.f. 17 May 2008.]

3. No person shall carry on any trade in any place on a public beach, other than in a designated area.

4. No person shall carry on –

(a) any trade on a public beach unless he is a licensee;

(b) more than one trade unless he is the holder of a separate licence in respect of each trade.

5. (1) Any person who wishes to carry on any trade on the public beach shall apply for a licence to the Authority.

(2) An application for a licence under this regulation shall be made in the form set out in the Second Schedule.

6. (1) The Authority may, on receipt of an application under regulation 5, request the applicant to furnish such additional information or document as it may reasonably require in relation to the application.

(2) No licence shall be issued in respect of –

 (a) a trade specified in Class I of the First Schedule –

  (i) unless the approval of the Permanent Secretary of the Ministry responsible for the subject of health and the Commissioner of Police has first been obtained by the applicant; and

  (ii) the applicant holds a Food Handler's Certificate issued under regulation 47 of the Food Regulations 1999;

 (b) a trade specified in Class II of the First Schedule, unless the approval of the Commissioner of Police has first been obtained by the applicant.

7. (1) After considering the application and any information submitted in relation to an application under regulation 6, the Authority may –

 (a) grant to the applicant a licence substantially in the form specified in the Third Schedule and subject to –

  (i) the conditions specified in that Schedule;

  (ii) payment of the appropriate fee; and

  (iii) such other terms and conditions as the Authority may determine;

 (b) reject the application where it is satisfied that –

  (i) the applicant has not complied with these regulations;

  (ii) any information given to it by the applicant for the purpose of obtaining a licence under these regulations was, at the time the information was given, false in a material particular; or

  (iii) the applicant is not otherwise a fit and proper person to be granted a licence.

(2) A licence granted under this regulation –

 (a) shall be valid from the date of its issue up to the end of the financial year; and

 (b) may, subject to paragraph (3), be renewed for a further financial year.

(3) An application for the renewal of a licence shall be made in the form specified in the Fourth Schedule by the licensee to the Authority at least 30 days before the expiry of the licence.

(4) The Authority may, on receipt of an application made under paragraph (3) apply the provisions of regulation 6.

(5) After considering an application for renewal made under paragraph (3), the Authority may –

 (a) renew the licence subject to payment of the appropriate fee and issue a licence in the form specified in the Third Schedule on such terms and conditions as the Authority may determine; or

 (b) reject the application for renewal where –

  (i) it is satisfied that the licensee has not complied with the Act or regulations made under it;

  (ii) any information given to it by the applicant for the purpose of obtaining a licence under these regulations was, at the time the information was given, false in a material particular; or

  (iii) the applicant is no longer a fit and proper person to be granted a licence.

(6) The payment of the appropriate fee required under paragraph (1)(a)(ii) and (5)(a) shall become due on the date of issue of the licence and may, where a licence is issued before 31 July in a year, be paid in 2 instalments, the first to be paid on or before 31 July in that year and the second instalment on or before 31 January in the following year.

(7) A surcharge of 50 per cent shall be levied on any amount of the annual fee unpaid as at 31 January.

(8) A licensee shall comply with the terms and conditions of a licence.

[Reg. 7 amended by reg. 4 of GN 80 of 2008 w.e.f. 17 May 2008.]

8. Where the licensee has contravened these regulations or breached any condition of his licence, the Authority shall, by notice in writing, require the licensee to show cause why his licence should not be revoked, and if the Authority is satisfied that, having regard to all circumstances of the case, it is expedient to do so, it may revoke the licence.

9. (1) No licensee shall assign or transfer his licence.

(2) A licensee who wishes to cease carrying on a trade shall give written notice of at least one month of his intention to do so, to the Authority and shall surrender his licence at latest 15 days after the date of cessation of his trade.

10. Where a licensee dies, his widow or heirs, as the case may be, may with the written consent of the Authority carry on his business for the remaining period of the licence either personally or by an agent approved by the Authority and that person shall comply with these regulations and with all the conditions specified in the licence.

11. Every licensee shall –

(a) where the trade is carried on from premises, including a stall, affix the licence in a conspicuous place in the premises or at the stall; and

(b) in every other case, produce on demand the original licence to an authorised officer or a police officer.

12. (1) Where a licence is lost, defaced or rendered illegible, the Authority shall, on an application made by the licence holder, issue a duplicate licence on payment of a fee of 100 rupees.

(2) Where a licence which has been lost is subsequently found, the licensee shall forthwith surrender any duplicate licence issued under this regulation to the Authority.

13. Any person who –

(a) in connection with an application for a licence makes any statement which he knows or should have known to be false, or is misleading in any material particular;

(b) assigns or transfers a licence; or

(c) contravenes any of these regulations,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding one year.

14. 

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