TOURISM: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Tourism Regulations

Tourism (Reservation of Tourist Enterprises for Citizens) Regulations

Tourism (Suspension of Tourist Enterprises Licences) Regulations (2014)

TOURISM REGULATIONS

 

(section 30)

 

(14th May, 2010)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Form of application for licence

 

   4.   Issue of tourist enterprise licence

 

   5.   Conditions of licence

 

   6.   Exemption certificate

 

   7.   Application for transfer of licence

 

   8.   Application for amendment of licence

 

   9.   Application for duplicate licence

 

   10.   Renewal of Category I licence

 

   11.   Display of licence

 

   12.   Annual licence fees

 

   13.   Payment of training levy into Fund

 

   14.   Registers to be kept

 

   15.   Guests leaving without paying

 

   16.   Safety and sanitation

 

 

 

      SCHEDULE I

 

      SCHEDULE II

 

      SCHEDULE III

 

      SCHEDULE IV

 

      SCHEDULE V

 

 

S.I. 58, 1996,
S.I. 101, 1996,
S.I. 95, 1997,
S.I. 61, 1998,
S.I. 52, 2004,
S.I. 84, 2006,
S.I. 31, 2008,
S.I. 48, 2010,
S.I. 26, 2012,
S.I. 79, 2013,
S.I. 105, 2013.

 

1.   Citation

   These Regulations may be cited as the Tourism Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "licensee" means a person to whom a licence has been issued under these Regulations.

 

3.   Form of application for licence

   An application made under section 17 (1) of the Act, for a licence, shall be in the forms set out in the Schedule I.

 

4.   Issue of tourist enterprise licence

   (1) Where the Committee approves an application made under regulation 3, and is satisfied that an applicant meets the requirements for the issue of a licence, it may issue, to the applicant a licence in Form 2A as set out in Schedule II or in the case of a Category I tourist enterprise, Form 2A1 set out in Schedule II.

   (2) The Committee shall issue a tourist enterprise licence to a tourist enterprise offering accommodation where it meets the minimum licensing requirements set out in Schedule IV.

   (3) The Committee may refer some applications to the Minister for exemption in terms of section 15 (1).

   (4) The Committee may, where a tourist enterprise requires further inspection, issue a provisional licence in Form 2A2 as set out in Schedule II.

   (5) The Committee may-

 

   (a)   upgrade a provisional licence to a full licence where it is satisfied that the applicant has met the requirements for a full licence; or

 

   (b)   revoke the provisional licence where it is unlikely that the necessary requirements will be met.

 

5.   Conditions of licence

   (1) A licensee shall operate in accordance with the terms and conditions stipulated in the licence issued under regulation 4.

   (2) A licence shall not be issued in respect of any premises relating to Category A, B, J and K of a tourist enterprise unless the premises to which an application relates meets the requirements set by the Committee.

   (3) Any licensee who contravenes this regulation commits an offence and shall, on conviction be liable to a fine not exceeding P1 000.

 

6.   Exemption certificate

   After review of an application referred to the Minister under regulation 4 (3), an exemption certificate may be issued in terms of section 15 (1) of the Act which shall be in Form 2B set out in Schedule II.

 

7.   Application for transfer of licence

   (1) An application under section 19 (1) of the Act, for transfer of a licence shall be in Form 3A set out in Schedule III.

   (2) Where the Committee approves an application made under section 19 (1) of the Act, the applicant shall pay a transfer fee specified in Part I of Schedule V.

 

8.   Application for amendment of licence

   (1) An application made under section 19 (1) of the Act for amendment of a licence shall be made in Form 3B set out in Schedule III.

   (2) Where the Committee approves an application for amendment of a licence it shall issue a new licence subject to such conditions as may be attached and the applicant shall pay a fee specified in Part I of Schedule V.

 

9.   Application for duplicate licence

   (1) An application under section 19 (4) of the Act to obtain a duplicate licence shall be in Form 3C set out in Schedule III.

   (2) Where the Committee approves an application made under section 19 (4) of the Act, the applicant shall pay a duplicate fee specified in Part I of Schedule V.

 

10.   Renewal of Category I licence

   (1) An application for renewal of a Category I licence shall be in Form 3D set out in Schedule III.

   (2) The renewal fee for a Category I licence shall be US$2 000 or the Pula equivalent.

 

11.   Display of licence

   (1) A licensee shall display, at its business premises and in a conspicuous place, a licence issued in terms of the Act:

   (2) Subject to subregulation (1), a licensee shall display a licence for a mobile safari vehicle or a boat on a disc containing all relevant information conspicuously on the windscreen or on any other part of the vehicle or boat suitable for that purpose.

   (3) Any tourist enterprise which fails to display its licence in accordance with subregulations (1) or (2) commits an offence and is liable to a fine not exceeding P2 000, or to a term of imprisonment not exceeding one year, or to both.

 

12.   Annual licence fees

   (1) Every licensed tourist enterprise shall pay annual licence fee specified in Part II of Schedule V.

   (2) Subject to subregulation (1), a Category I licensed tourist enterprise shall pay the fee as a renewal fee.

   (3) The Committee shall impose a fee of P200 per day for each day that a tourist enterprise fails to pay the fees set out in Part II of Schedule V.

   (4) The Committee shall revoke a tourist enterprise licence where, after the expiry of three months from the period set out under section 18 (2)(a) of the Act, the tourist enterprise has failed to pay the annual licence fees and the fees imposed under subregulation (3).

 

13.   Payment of training levy into Fund

   (1) Category A, B, J and K tourist enterprises shall pay into the Tourism Industry Training Fund, a training levy of P10 per paying guest per day at such times as may be prescribed by the Committee.

   (2) The Committee shall impose a fee of P200 per day for each day that a tourist enterprise fails to pay the training levy in accordance with subregulation (1).

   (3) The Committee shall revoke a tourist enterprise licence where, after six months from the time set by the Committee under subregulation (1), the tourist enterprise has failed to pay the levy and the fees imposed under subregulation (2).

 

14.   Registers to be kept

   (1) Every licensed tourist enterprise shall keep and maintain a guest register in which the following details relating to guests shall be recorded-

 

   (a)   name, country of residence, date of arrival and departure, and numbers of any family members accompanying the guest;

 

   (b)   the passport number of any guest who is not from Botswana, or the national identity card number or passport number of any guest who is from Botswana; and

 

   (c)   residential address.

   (2) A licensee referred to in subregulation (1) shall submit copies of the summary of the register to the Director on such dates as the Director may set, in such form as the Committee may require.

   (3) The Committee shall impose a fee of P200 per day for each day that a tourist enterprise fails to submit the copies required under subregulation (2).

   (4) The Committee may suspend a tourist enterprise licence where, after three written requests for submission have been made by the Director, the tourist enterprise fails to comply with such requests.

   (5) The Committee shall revoke a tourist enterprise licence where, after six months the tourist enterprise has failed to submit copies of the summary of the register.

 

15.   Guests leaving without paying

   Any guest at a tourist enterprise who leaves or attempts to leave an enterprise without paying for his or her bill or when asked to do so refuses to pay such bill, or leaves without making satisfactory provision for payment, commits an offence and is liable to a fine not exceeding P2 000, or to a term of imprisonment not exceeding one year, or to both.

 

16.   Safety and sanitation

   (1) A licensee shall ensure that fire-fighting equipment is provided at all tourist enterprises where accommodation for tourists is provided, and is easily accessible and clearly marked.

   (2) A licensee shall keep available in a readily accessible location a properly equipped first aid box and suitable means of transport for emergency cases, and shall make adequate arrangements with a doctor or other medical facility, for the treatment and accommodation of tourists in emergency situations.

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