S.L. 441.7 Art. 26Market hawkers.

(1) The Third Schedule to these regulations shall indicate the locality of open air markets established by the Minister.

(2) The Third Schedule shall also indicate the streets from where such markets may operate: Provided that the Minister may by notice in the Gazette change the streets from where the markets may operate for a specific period of time as a result of circumstances which may from time to time warrant that market hawkers do not operate from the streets indicated in the Third Schedule: Provided further that the market hawkers are to operate again from the streets indicated in the Third Schedule once the period in question expires unless the period is extended or new streets are designated by a notice in the Gazette.

(3) Notwithstanding the provisions of regulation 25, any individual as aforesaid requiring to carry out the commercial activity from an open-air market shall make an application to act as a market hawker on the appropriate form to the Trade Licensing Unit: Provided that:

(a) such licence shall not entitle the market hawker to carry out such activity unless, in relation to a specific open-air market, he has been given the authorisation by the Local Council of the locality where the market is situated and so allocated a stall space in the aforesaid market;

(b) a market hawker shall not be in possession of more than one authorisation for a stall space post in a market that operates in the same day and time;

(c) any change of the category of goods being sold from food to non-food and vice-versa shall be subject to approval and conditions of the Trade Licensing Unit; and

(d) when the change is from non-food to food and vice-versa this shall also be subject to approval and conditions by the health authorities.

(4) A market hawker using a motor vehicle to carry on his commercial activity shall have premises available where to garage the motor vehicle and store his goods. The address of the premises used for this purpose shall be clearly indicated on the application for the issuing of a licence to the Trade Licensing Unit. Any change in the vehicle or garage shall be notified to the Trade Licensing Unit within ten (10) working days after the change occurs. No application shall be accepted and processed by the Trade Licensing Unit if the address of the garage or any other address for the store where goods are to be stored are not given. The Trade Licensing Unit shall have the right to inspect such premises and to demand any documentation that proves the ownership of the premises when the application indicates the use of such premises by more than one licensee. The Trade Licensing Unit can refuse to issue the licence if it decides that such premises are not used as a store or garage by the applicant. The licence issued by the Trade Licensing Unit shall indicate the market hawker as a non-food licence hawker or as a food related items licence hawker. In the case that this activity concerns the selling of food items prior approval by the health authorities must be obtained: Provided that with reference to food related items the Trade Licensing Unit, following a recommendation by the health authorities, may order the licensee to sell or not to sell specific items as ordered by the health authorities. Likewise with reference to non-food related items the Trade Licensing Unit on its own behalf or following a recommendation by the Police, may issue an order to the licensee to restrict the selling of any item that may be causing an infringement of public order: Provided also that for market hawkers the use and provision of public utilities shall be prohibited. On issuing the licence the Trade Licensing Unit shall include the following details in the licence:

(i) the name of the licence holder;

(ii) the number of a legally valid identification document of the licence holder;

(iii) a passport size photo of the license holder;

(iv) the address of the garage of the licence holder;

(v) the nature of the hawking activity; and

(vi) the date when the licence was issued.