TOURISM: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Tourism Regulations

Tourism (Reservation of Tourist Enterprises for Citizens) Regulations

Tourism (Suspension of Tourist Enterprises Licences) (Revocation) Regulations (2019)

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,
S.I. 18, 2021,
S.I. 132, 2022.

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.

(1A) Where the Committee issues a licence in respect of Category C, E, F, I, or J tourist enterprise, it shall issue to the applicant, a vehicle or boat licence disc in Form 2A3 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

(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.

SCHEDULE I

TOURISM ENTERPRISE LICENCE

[S.I. 18/2021.]

(reg. 3)

Application Form: Categories A, A1, B, B1, C, D, E, F, G, H, J & K (All information supplied in this Form will be treated as confidential)

1. Name of Company: ...........................................................................................................

2. Trading name of establishment: .........................................................................................

3. Postal address: ................................................................................................................

4. Business physical address: ...............................................................................................

5. Telephone No.: ...................................................................................................................

Fax No.: .....................................................................

E-mail address: ..........................................................

Mobile phone No.: .......................................................

6. Company Secretaries and their contact numbers: ...............................................................

......................................................................................................................................

7. Certificate of Incorporation No.: .......................................... Dated: .....................................

8. Principal tourism activity: ..................................................................................................

9. Details of all the shareholders of the company:

Name: .................... Surname: .................. Nationality: ................... % Shares held: ............

ID/Passport No: ...................................... Residential address: ...........................................

10. Details of Directors of the Company:

Name ........................... Surname ......................... Residential address ..........................

ID/Passport No.: .......................................... Nationality: ....................................................

11. Has any director or shareholder been convicted within or outside Botswana of any criminal offence or been declared insolvent in any previous business operation?

YES/NO

If yes, please give details: ................................................................................................

12. Is the Company registered elsewhere?

YES/NO

If yes, provide details of its operations outside Botswana, names and addresses including marketing details:

.....................................................................................................................................

13. Has the Company submitted a manpower training programme to the Department responsible for Labour?

YES/NO

If no, please explain: ........................................................................................................

14. Does your Company have existing Tourism Enterprise Licences?

YES/NO

15. If the answer to (14) is yes- please give details of licenses held:

License No.	Category	Due date for annual fees	Trading name
.........................	....................................	....................................	.........................
.........................	....................................	....................................	.........................

16. The following is a list of licence category classifications. If you operate, or intend to operate, more than one of the below listed activities, a separate licence application form of the relevant category must be completed for each:

A Licence: For operations that offer accommodation facilities on a fixed site such as hotels, motels, nature lodge, guest houses including corporate guest houses, bed and breakfast, self-catering apartments, backpackers tourist accommodation, tented camp/campsites, nature lodge/camp outside protected areas and cultural villages, including operations that offer such accommodation facilities on a timeshare basis.

A1 Licence: For operations that offer accommodation facilities on a fixed site such as hotels, guest houses, bed and breakfast, self-catering apartments, backpackers tourist accommodation, tented camp/campsites outside protected areas and cultural villages within agricultural farms, including operations that offer such accommodation facilities on a timeshare basis.

B Licence: For operations that offer accommodation facilities on a fixed site such as photographic/hunting camps and lodges, tented camps, public camping sites or caravan sites that offer game drives and other outdoor activities within wildlife management areas and protected areas, including operations that offer such accommodation facilities on a timeshare basis.

B1 Licence: For operations that offer accommodation facilities on a fixed site such as photographic/hunting camps and lodges, public camping sites or caravan sites that offer game drives and other outdoor activities within agricultural farms located in wildlife management areas and protected areas, including operations that offer such accommodation facilities on a timeshare basis.

C Licence: Operations that offer off-site facilities such as mobile safaris operators that receive and transport travellers and guests within protected areas.

D Licence: Operations that make, plan or reserve travel arrangements for clients but do not offer accommodation (whether fixed or not) or other tourist services. Operators intending to issue air tickets are required to have accredited with any of international air ticketing agency within 12 months of operation.

E Licence: Operations that receive and transport guests to tourist attractions including road transfer activities other than within protected areas.

F Licence: Operations that offer motor boating activities other than within their leased land which is in protected areas, private reserves and wildlife management areas.

G Licence: Other enterprises (excluding air charter companies and car rentals) that conducts tourism related activities e.g, hot air ballooning, cycling, bungee jumping, etc.

H Licence: Operations that offer mekoro activities.

I Licence: Foreign based companies that offer tourism related activities in Botswana. They may transfer tourists along the main roads and utilise public facilities. Licence holders are not allowed to conduct their own safaris into the game reserves or national parks, but may hand over to a Botswana licensed operator if they wish to utilise these facilities.

J Licence: Houseboats operations - a mobile self-contained accommodation facility that operates in water bodies.

K Licence: Semi permanent mobile tented camp - an exclusive upmarket ensuite non- participatory accommodation in a designated area for a duration not exceeding three months.

17. Please indicate the category and classification of licence your company is applying for:

......................................................................................................................................

I, ........................................................................................... certify that the information given
(Please print name clearly)

on this application form is true and correct. I understand that failure to provide true and correct information could result in rejection or withdrawal of licences.

Position in Company: ...........................................................................................................

Telephone No.: ......................................... Mobile phone No.: ..................................................

Signature: ...........................................................................................................................

Dated this ............................................... day of ........................................ 20...................

If you are applying for a tourist accommodation facility please specify the Classification i.e. guest house/self-catering apartments etc: ...............................................................................

18. Brief summary/description of service to be offered (in not more than 250 words):

......................................................................................................................................

19. (a) Source of Finance: ................................................................................................

(b) Estimated Capital Investment: ...............................................................................

20. (a) Number of guest rooms: ...........................................................................................

(b) Number of guest beds: ..........................................................................................

21. If you are applying for tour/mobile operation, please provide the following:

(a) Fleet size: ...........................................................................................................

(b) Registration No.: .................................................................................................

22. If you are applying for motor boats or mekoro activities, please provide the following:

(a) Fleet size: ...........................................................................................................

(b) Registration No.: ..................................................................................................

23. In which areas do you intend to conduct boat trips? .........................................................

24. Where do you intend to dock?

25. Current level of employment (full time employees only):

Citizens male: ....... Citizens female: ........ Non-Citizens male: ......... Non-Citizens female: .......

26. Please supply job classification for those employees listed in (21) above:

Job Classification	Citizens	Non-Citizens
Non-Supervisory	Males	Females	Males	Females
Supervisory
Middle Management
Senior Management
Professional Guides

DOCUMENTATION TO BE PROVIDED WITH THIS APPLICATION

Please provide certified copies of the following:

Copy of Certificate of Incorporation or Certification of Registration;

Proof of shareholding (Company extract);

Relevant (sub) lease or rental agreements;

Proof of land ownership (i.e. Title Deed, approval for (sub) lease and/or rental agreements from relevant authorities (i.e. Land Board, Department of Lands);

Professional Guide Licences where applicable; and

Permission from the relevant authorities for the intended activities and any other requirements prescribed in the Licencing Guidelines.

Application Form: Category ‘I' Licence - External Tour Operators

1. Name of company: .........................................................................................................

2. Trading name of company: ...............................................................................................

3. Country of origin: .............................................................................................................

4. How long has this company been operational in its country of origin? ...................................

5. Physical address: ...........................................................................................................

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