ARRANGEMENT OF SECTIONS
1. Short title
Application for Licence to Trade or do Business
3. Trade or business required to be licensed
4. Establishment of licensing committees
5. Disqualification for appointment as committee member
6. Vacation of office of member of committee
7. Removal and suspension from office by Minister
8. Filling of vacancies of committees
8A. Meetings and proceedings of licensing committee
8C. Functions of Secretariat
9. Disclosure of interest
9B. Co-option of advisory personnel
10. Application for a licence
11. Licences to be issued under the Act
12. General principles affecting issue of licences
13. Issue and duration of licence
15. Certain trades and businesses to be reserved for citizens
16. Proof of shareholding
17. Transfer of licence
18. Issue of a duplicate licence
19. Suspension of licence
20. Revocation of licence
21. Regional Appeals Board
22. Conversant person to manage in absence of licensee
23. Authorised officers
24. Environmental health officers may inspect premises
25. Breach of peace
26. Display of licence
26A. Minister's Powers
27. Exemption from Act
28. Restriction of licensee by other laws
29. Transitional provisions
30. Offences and penalties
32. Repeal and savings
Act 5, 2004,
S.I. 21, 2008,
Act 1, 2011.
An Act to simplify trade licensing procedures; to empower a licensing committee in a council to issue trade licences within the council area; to provide for comprehensive regulation of trade and formatters incidental thereto.
[Date of Commencement: 1st April, 2008]
Preliminary (ss 1-2)
This Act may be cited as the Trade Act.
In this Act, unless the context otherwise requires-
"authorised officer" means a person so designated under section 23;
"bulk" means quantities of goods as packaged by the manufacturer and not broken up into smaller quantities or single units, save that in the case of high value items such as fridges, furniture and bicycles, a wholesaler may sell an item in smaller quantities or single units;
"council" means a city or town council established under the Townships Act or a district council established under the Local Government (District Councils) Act;
"fronting" means obtaining a licence to enable another person, who would otherwise not qualify to obtain such a licence, to run a business;
"licensee" means a person to whom a licence has been issued under this Act;
"licensing committee" means a committee of a council established under section 4, which committee issues licences under section 11;
"medium enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe;
"micro enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe;
"register" means a register kept in accordance with section 11(b);
"region" means an area made up of districts in the same geographical area;
"sell" means to sell by retail or wholesale and includes to barter, exchange, offer or expose for sale;
"small enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe; and
"trade" means to carry on the business of selling goods or services;
Application for a Licence to Trade or do Business (ss 3-25)
(1) No person shall carry on any trade or business for which a licence is required under this Act, unless the person holds a licence authorising him to carry on such trade or business.
(2) Subsection (1) shall not apply to a person who has been issued a hawker's registration certificate or a street vendor's certificate under any enactment authorising the person to carry on trade or business as a hawker or street vendor.
(3) A person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding three years, or to both.
(1) There is hereby established a licensing committee for each council, the members of which committee shall be appointed by the Minister.
(2) Every committee shall consists of the following members-
(a) a senior officer of the council who shall not be below the rank of C1;
(b) a Commercial Officer from the council;
(c) a member of the private sector, who shall be Chairman;
(d) a Councillor; and
(e) a police officer of the rank of Sergeant or above.
(3) A member of a committee shall hold office for such period as may be specified in the notice appointing him, which period shall not exceed three years.
(4) A member of a committee may be re-appointed for a further term of office not exceeding three years.
(5) Three quarters of the members of a committee shall form a quorum.
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