Cap. 441 Art. 10Activitiesrequiring licence and permits.

(1) No commercial activity shall be carried out in Malta without a licence from the regulatory authority:

Provided that any commercial activity, as may be prescribed, may:

(a) be deemed to be licensed following a notification made to the regulatory authority prior to commencement of the commercial activity by the person who undertakes to carry out the intended activity;

(b) be deemed to be licensed following a notification made to the regulatory authority, within a prescribed time, after commencement of the commercial activity: 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:

(a) be designated as not requiring a licence but requiring other relevant permits from the local authority and, or the Commissioner of Police or be subject to conditions issued by the local authorities and, or the Commissioner of Police;

(b) be designated as requiring other relevant permits, in addition to a licence from the regulatory authority, including:

(i) a permit from the local authority; and

(ii) a permit from the Commissioner of Police:

Provided that a person who holds on any special or special the name by which it is called; or

(b) a sporting activity which is held across more than one locality or on a national basis; or

(c) any activity organised by a political party 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:

(a) the submission and evaluation of documents and other prescribed information as may be deemed necessary in order to ensure fulfilment of licence requirements;

(b) authorizations, permits, approvals and clearances from other entities as may be prescribed and applicable by other relevant legislation current at the time;

(c) compliance with terms and conditions as may be prescribed, including the possession of relevant qualifications in line with the Mutual Recognition of

Qualifications Act and of any regulations made thereunder: 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:

(a) where any affray or tumult happens or is expected to happen in any place, order every commercial premises in or near the place where the affray or tumult happens or is expected to happen, to be kept closed during such time as, in the opinion of the Commissioner of Police, is reasonably necessary;

(b) for reasons of public order, public safety or public morality, stop any activity in respect of which any

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 6 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.

P III - A L C ART CTIVITIES REQUIRING PERMIT BY OCAL OUNCILS