S.L. 441.7 Art. 33Commercial fair including sale by retail.

(1) No person shall organise or allow to be organised from a premises, a commercial fair or a commercial exhibition, of goods or services, which could be sold to the public at the location of the commercial fair or commercial exhibition or from another location, unless:

(a) a commercial fair authorisation or as a commercial exhibition authorisation as the case may be, has been issued specifically for such an activity from the Trade Licensing Unit; and

(b) the premises where the commercial fair or commercial exhibition is to be organised has a permit, from the authority responsible for planning, building and development, which allows the sale by retail or the hosting of fairs or exhibitions.

(2) In order to secure a commercial fair or commercial exhibition authorisation a person must submit at least ten days prior to the proposed event a notification on the appropriate form which must include the following information:

(a) the name, address and ID document number, or any other means of identification, of the person organising the fair or exhibition;

(b) the name and the address of where the fair or exhibition will be held;

(c) the name of each person participating in the fair or exhibition and type of products to be sold;

(d) the VAT number of each person participating in the fair or exhibition; and

(e) date or dates when fair or exhibition is going to be held. Provided that the notification must be accompanied by the permit referred to in sub-regulation (1)(b) or an official document indicating that the authority responsible for planning, building and development has no objection to the fair in question: Provided further that the Trade Licensing Unit may request any additional document and information as reasonably and objectively justified.

(3) A person who completes the notification procedure as required shall, for the purposes of this regulation, be deemed to be authorised to organise the relevant commercial fair or commercial exhibition as applied for unless the Trading Licence Unit does not within five days:

(a) send a request to the applicant to supply any additional information or documentation;

(b) issue an authorisation subject to any conditions it may deem fit; or

(c) refuse the authorisation giving its reasons for such refusal: Provided that if the Trading Licence Unit sends a request for additional information or documentation, the issue or refusal of the authorisation shall be made within five days from the provision of the additional information or documents.

(4) The period of five days mentioned in sub-regulation (3) 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.

(5) A notification form shall not be deemed to be complete unless the Trading Licences Unit is in receipt of all the information or documentation required. If an applicant fails to produce the requested information and or documentation within twenty (20) working days from the date of the request by the Trading Licences Unit, then such notification shall be deemed to be null: Provided that if within these twenty (20) working days the organiser of the commercial fair or commercial exhibition requires an extension for the provision of any said documentation the Trading Licence Unit may, if it considers that there are justifiable reasons, extend the period by a further twenty (20) working days.

(6) The Trading licence Unit may refuse to issue an authorisation for reasons of public policy, public safety, public security, public health, the protection of the environment, safeguarding national heritage, town and country planning and safeguarding national or local projects.

(7) The acknowledgment of the receipt by the Trading Licences Unit of the notification shall serve as proof of such notification.

(8) An authorisation for a commercial fair or commercial exhibition issued by the Trade Licensing Unit shall be valid for seven (7) consecutive days including Sundays and Public Holidays except Good Friday.

(9) Authorisations may be issued consecutively for the same commercial fair or commercial exhibition from the same location, however, such extension shall not result in the fair or exhibition exceeding thirty (30) days: Provided that there should not be more than four commercial fairs or commercial exhibitions of the same product in one calendar year.