Shop Licences Act [CHAPTER 14:17]

CHAPTER 14:17

Shop Licences Act

Acts 40/1976, 34/1977, 3/1979, 39/1979, 15/1981, 43/1981, 25/1984, 8/1988 (s. 164); 22/2001 (s. 4). R.G.N. 46/1979; S.I. 236/1980.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

CONTROL OFTRADES AND BUSINESSES

3. Application of Act.
4. Control of trades and businesses.
5. Control of vending machines.

PART III

LICENSING AUTHORITIES

7. Constitution of licensing authority.
8. Meetings of and evidence before licensing authority.
9. Disqualification from sitting as member of licensing authority.
10. Evidence before licensing authority.

PART IV

ISSUE AND RENEWAL OFLICENCES

11. Form of licences.
12. Duration of licence, fees and penalties.
13. Fixing of fees.
14. Publication of application and lodging of objections.
16. Applications for new licences.
17. Licensing authority may require reports on applications.
18. Hearing of applications.
19. Licensing authority may take notice of objection.
20. Decision of licensing authority on application for new licence.
21. Issue of licence.
22. Issue of licence on fulfilment of condition.
23. Renewal of licence.

PART V

GENERAL MATTERS AFFECTING LICENCES

25. Removal of endorsement on licence.
26. Extension of trade or business to other premises.
27. Removal of business to other premises.
28. Transfer of licence prohibited except on death or insolvency, etc., of holder.

PART VI

PERMITS

29. Trading permit.
30. Removal permit.

PART VII

INFORMATION CONCERNING CONDUCT OF LICENSED TRADES ORBUSINESSES AND INSPECTION OFPREMISES

31. Holder of licence to give notice of any change in connection with his trade or business.
32. Powers of authorized officers.
33. Furnishing of information to licensing authority.

PART VIII

REVIEW, SUSPENSIONORCANCELLATION OF LICENCE

34. Power and duty of licensing authority to review licence.
35. Suspension of trade or business pending review.
36. Proceedings on review of licence.
37. Cancellation of licence on review or other decision.
38. Surrender of licence after review.

PART IX

APPEALS

39. Appeal to Administrative Court.
40. Composition of Administrative Court.

PART X

LIABILITY, PROCEDURE, OFFENCES AND PENALTIES

41. Vicarious liability ofholder of licence or permit.
42. Liability in relation to members and delegates of licensing authorities.
43. Offences and penalties.

PART XI

GENERAL

44. Authorized officers.

SCHEDULES

First Schedule: Trades or Businesses to Which Act Does Not Apply. Second Schedule: Minimum Fees.

AN ACT to provide for the control and licensing of certain trades and businesses carried on in shops, stores and other fixed places of business and by means of vending machines; to establish licensing authorities and to confer powers and duties thereon; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 22nd October, 1976.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Shop Licences Act [Chapter 14:17].

                       2    Interpretation

• In this Act—

“application” means an application made in terms of this Act;

“appropriate licence fee” means the fee payable in respect of the issue or renewal of a licence in terms of paragraph (a) or (b), as the case may be, of subsection (2) of section twelve;

“area under the jurisdiction of a local authority” means—

• in the case of a municipal council, town council, rural district council or local board—
  • the area of the municipality, town, rural district council or local board; and
  • any local government area which is administered and controlled by that council or local board in terms of the Urban Councils Act [Chapter 29:15]; and
  • any other area which is within the limits of the area of the municipality, town, rural district council or local board though excluded therefrom;
• in the case of any other local authority, the area of jurisdiction specified for that local authority in terms of subsection (2);

“authorized officer” means—

• a police officer;
• a medical officer of health;
• a health inspector;
• any person appointed as such in terms of section forty-four;

“goods” means wares, merchandise, produce and, generally, corporeal movable things of any description;

“health inspector” has the meaning given to it by the Public Health Act [Chapter 15:10];

“licence” means a licence issued or renewed or deemed to have been issued in terms of this Act;

“licensed premises” means any premises in respect of which a licence has been issued or renewed;

“licensing area”, in relation to a licensing authority, means—

• in the case of a licensing authority which is a local authority, the area under the jurisdiction of such local authority;
• in the case of a licensing authority which is a board appointed in terms of paragraph (b) of subsection (1) of section seven, the area in respect of which such board is established;

“licensing authority” means a licensing authority constituted or deemed to have been constituted in terms of this Act;

“local authority” means—

• a municipal council, town council, rural district council or local board;
• any other authority or body which is declared in terms of subsection (2) to be a local authority for the purpose of this Act;

“medical officer of health” has the meaning given to it by the Public Health Act [Chapter 15:10] and includes a Government medical officer who is designated as a medical officer of health in terms of section 9 of that Act;

“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“new licence” means a licence issued otherwise than on renewal;

“permit” means a permit issued in terms of this Act;

“sell” means to sell by retail or wholesale and includes— (a)    to exchange or barter;

(b)   to offer, keep or expose for sale;

“stand” has the meaning given to it in section 2 of the Land Survey Act [Chapter 20:12];

“vending machine” means a machine or appliance designed to contain goods which may be obtained by inserting a coin or any other token or disc therein or into any appliance attached thereto or which is accessory thereto.

• The Minister may, by notice in a statutory instrument—
• declare any authority or body, other than a local authority as defined in paragraph (a) of the definition of

“local authority”, to be a local authority for the purposes of this Act;

• specify the area of jurisdiction of such local authority; and may in like manner amend or revoke any such notice.

PART II

CONTROL OFTRADES AND BUSINESSES

                       3    Application of Act

• Nothing in this Act shall apply to the trades or businesses specified in the First Schedule.
• The Minister may, subject to subsections (3) and (4), by notice in a statutory instrument, amend the First Schedule by altering therein, adding thereto or removing therefrom any trade or business.
• Before making any notice in terms of subsection (2) the Minister shall—
• give at least three months’ notice in the Gazette of his intention to do so and shall in such notice call for representations to be made to him in writing concerning the proposal within such period as may be specified in such notice; and
• consider every representation made in terms of paragraph (a).

(4) A notice made in terms of subsection (2) shall come into effect on such date, being not sooner than three months after the date of publication thereof in the Gazette, as may be specified in the notice

                       4    Control of trades and businesses

• Subject to this Act, no person shall, in any shop, store or other fixed place of business, carry on the trade or business of selling or letting for hire any goods, except in terms of a licence:

Provided that, where the sale or letting for hire of any particular goods is effected by an agent on behalf of a principal, it shall be sufficient compliance with this section in respect of such sale or letting for hire if it is effected in terms of a licence issued to either the agent or the principal in respect of the shop, store or other fixed place of business concerned.

• Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

[Subsection as inserted by Section 4 of Act No. 22 of 2001]

                       5    Control of vending machines

• Subject to this Act, no person shall carry on the trade or business of selling goods by means of a vending machine which is situated otherwise than wholly or partly on licensed premises except in terms of a licence issued in respect of the vending machine:

Provided that, where the sale of the goods concerned is effected by an agent on behalf of a principal, it shall be sufficient compliance with this section in respect of such sale if it is effected in terms of a licence issued to either the agent or the principal in respect of the vending machine concerned.

• Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subsection as inserted by Section 4 of Act No. 22 of 2001]