S.L. 441.7 Art. 11Processing of application.

(1) The Trade Licensing Unit shall, without delay, acknowledge receipt of an application and receipt of the applicable licence fee in writing to the applicant and shall specify:

(a) the periods mentioned in sub-regulations (2) and (3) within which the Trade Licensing Unit shall determine the application;

(b) the procedure under which a refusal by the Trade Licensing Unit to grant a licence may be appealed in terms of the Act: Provided that an application form shall not be deemed to be complete unless the Trade Licensing Unit is in receipt of all the documentation required to be submitted together with the application form and, or certification of compliance with all applicable requirements, including those emanating from other laws.

(2) The Trade Licensing Unit shall within five (5) working days from the date of receipt of an application form:

(a) inform the applicant of the need to supply any additional information or documentation in the case of an incomplete application form, or incomplete information or documentation, to the Trade Licensing Unit, or

(b) issue the licence subject to any conditions it may deem fit; or

(c) refuse the application for a licence giving its reasons for such refusal: Provided that in the case of an application by a natural person to act as an auctioneer, the Trade Licensing Unit shall within five (5) working days notify the Auctioneers Board of the application and within five (5) working days from being notified of the Auctioneers Board’s decision determine whether or not to issue a licence to the applicant:

Provided further that such applicant shall pay to the Trade Licensing Unit the relevant fee in respect of the consideration by the Auctioneers Board.

(3) The period mentioned in sub-regulation (2) may in exceptional circumstances, prior to its expiry, be extended by the Trade Licensing Unit for one period of not more than ten (10) working days. Such extension and the reasons therefore shall be notified to the applicant without delay.

(4) Where the Trade Licensing Unit has not determined whether to issue a license to an applicant, within the periods mentioned in sub-regulation (2), or when extended, within the extended period mentioned in sub-regulation (3), the applicant may appeal before the Licences Appeal Board. The Board may direct the Trade Licensing Unit to determine whether or not to issue the licence within a stipulated time.

(5) An application form shall not be deemed to be complete unless the Trade Licensing Unit is in receipt of all the documentation required. If an applicant fails to produce the requested documentation within twenty (20) working days from the date of notification, then such application shall be deemed to be abandoned: Provided that if within the said twenty (20) working days the applicant requires an extension for the provision of any said documentation the Trading Licence Unit may, if it feels that there are justifiable reasons, extend the period by a further twenty (20) working days.