S.L. 441.7 Art. 19Transfer of licence.

(1) A licence shall not be transferable:

Provided that this shall not apply with regard to licences issued in respect of:

(a) market hawkers operating from the open-air market in Valletta, Marsaxlokk (daily open-air market except Sunday), Victoria, Gozo as indicated in regulation 27(2);

(b) kiosks whose licences are still renewed at the Trading Licences Unit;

(c) commercial activities listed in Part II of the First Schedule submitted prior to the 1st November, 2012 being the date of the coming into force of the Trading Licences (Amendment) Regulations, 2012 published by Legal Notice 349 of 2012;

(d) pedlars licence or itinerant wholesalers when the transfer is to be made to any member of the licensee’ s family being the partner, mother, father, son, daughter, brother or sister of the licensee.

(2) A pedlar or an itinerant wholesaler who wishes to transfer his licence shall submit to the Trade Licensing Unit an application requesting the transfer of the licence accompanied by the relevant application fee:

Provided that the transfer shall not be effected unless all arrears in respect of the licence have been paid:

Provided further that a transfer causa mortis may only be made onto the legitimate successor if the legitimate successor is the partner, mother, father, son, daughter, brother or sister of the deceased.

(3) (a) In the case where the person licensed as a pedlar or a person licensed as an itinerant wholesaler dies, the licence shall be transferable to his legitimate successor by universal or singular title.

(b) The licence shall be deemed to be cancelled if within a year from the demise of the licensee, the legitimate successor does not submit to the Trade Licensing Unit an application requesting the transfer of the licence in his or her favour accompanied by the application fees: Provided that the transfer shall not be effected unless all arrears in respect of the licence have been paid.

(c) In the case of civil litigation as to the legitimacy of succession in title of the licence, the licence shall be deemed in abeyance up to the time when the litigation is settled and no fees will be due for the period it is held in abeyance: Provided that the licence shall be deemed to be cancelled if, within a year from the date when the case in litigation is decided in a definitive manner, the legitimate successor does not submit an application for a transfer to the Trade Licensing Unit on the appropriate form together with the application fees: Provided further that the transfer shall not be effected unless all arrears in respect of the licence have been paid.

(4) An application for transfer or an application for transfer by inheritance shall be accompanied by a declaration made by a person of the legal profession attesting that the applicant is the legitimate successor of the licensee and is entitled to continue the licensed commercial activity.

(5) The fee for an application to transfer a pedlar’s licence or a person licensed as an itinerant wholesaler and the renewal fee of the transferred licence shall be equivalent to that of a street hawker using a motor vehicle.