S.L. 441.7 Art. 28Substitutehawkers and employees.

(1) A street or market hawker may appoint one (1) other individual as his or her substitute by making an application for a licence to the Trade Licensing Unit, so that the substitute shall carry out such activity which for any reason the street or market hawker cannot carry out himself.

(2) The substitute may act in the absence of the licensee for a period of not more than one (1) month in the aggregate within the licence period of one year provided that he or she has been given a licence by the Trade Licensing Unit to act as a substitute street hawker or a substitute market hawker:

Provided that an appointed substitute may further apply with the Trade Licensing Unit to carry out the licensed activity:

(a) for any period of time during which the licensee is ill;

(b) for any period of time during which the licensee is taking care of ailing parents, partner, or children;

(c) for any period of time during which the licensee is taking care of a parent, partner, son or daughter who are registered as a disabled person with the National Commission for Persons with Disability (NCPD);

(d) where the licensee is pregnant, during the time of the pregnancy;

(e) where the licensee gives birth or adopts a child, for a period of up to two (2) years from the date of birth or from the date of adoption respectively;

(f) where the licensee is fostering a child, for a period of one (1) year from the date the fostering takes place or until the fostering ceases, whichever is the earlier.

(3) The application for a substitute hawker shall have the following information:

(a) the name and number of a legally valid identification document of the licence holder for whom the applicant is to act as a substitute hawker;

(b) the name and number of a legally valid identification document of the substitute hawker;

(c) where a motor vehicle is used to carry out the commercial activity, the address of the garage of the vehicle to be used;

(d) the address of the premises where the goods are to be stored;

(e) the nature of the hawking activity.

(4) The application for a substitute hawker as provided for in the proviso to sub-regulation (2) shall be accompanied by:

(a) two passport size photos of the principal licence holder;

(b) two passport size photos of the substitute hawker;

(c) a medical certificate in the case of illness, pregnancy or where the licensee is taking care of ailing parents, partner, or children;

(d) a birth certificate where the licensee has given birth to a child and proof that the licensee has adopted a child in case of adoption;

(e) proof that the parent, partner, son or daughter, as the case may be, are registered as a disabled person with the National Commission for Persons with Disability

(KNPD) in the case where the licensee is taking care of a disabled parent, partner, son or daughter;

(f) in the case of fostering, documentary evidence that the licensee is fostering a child, after having been certified able to act as foster father or mother by the Adoption and Fostering Panel of the Department for Family Welfare;

(g) where the commercial activity involves the selling of food, an approval by the environmental health authorities that the premises indicated as a store may be used for the storing of items: Provided that where the premises of the licensee is to be used as a store and such premises has already been certified by environmental health authorities, the application may instead be accompanied by a declaration indicating such use and certification and signed by both the licensee and the substitute.

(5) A licence for a substitute hawker shall include the following:

(a) the name and Identity Card number of the licence holder for whom the applicant is to act as a substitute hawker;

(b) the name and Identity Card number of the substitute hawker;

(c) where a motor vehicle is used to carry out the commercial activity, the type and make of the vehicle, the registration number and the address of the garage of the vehicle to be used;

(d) the address of the premises where the goods are to be stored;

(e) the nature of the hawking activity;

(f) a passport size photo of the principal licence holder;

(g) a passport size photo of the substitute hawker.

(6) A licensee may employ a person or persons to assist him in his work provided that such licensee or substitute is present where the commercial activity is taking place.