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A licence is required for an individual to act
as a Market Hawker in terms of Subsidiary Legislation 441.07 - Trading Licences Regulations.
A Market Hawker is an individual
who is licensed to sell by retail from any allocated site within the
precincts of an open-air market.
A Licence issued by the Trade Licensing
Unit, within the Commerce Department, shall indicate the Market
Hawker as a non-food licence Hawker or as a food-related items licence
Hawker. In the case that the activity concerns the selling of food
items prior approval by the Health Authorities must be obtained. The
Environmental Health Directorate can be contacted on 21337333 or by email mhi@gov.mt
To obtain a Market Hawker Licence, an
individual should make an application on the appropriate Form (B) to the
Trade Licensing Unit. The application form is
available online.
A Market Hawker using a motor
vehicle to carry out 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 must be clearly indicated on the
application. Any change in the vehicle or garage has to be notified
to the Trade Licensing Unit within ten (10) working days after the change
occurs. An application cannot 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 has 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 use and provision of public
utilities is prohibited.
A licence issued for a Market
Hawker is a personal licence which is not transferable and does not permit
anybody else to act instead of the licensee.
However, a licence in relation to a
Market Hawker operating at the open-air market in Merchants Street,
Valletta; Marsaxlokk (daily open-air market except Sunday), it-Tokk
Victoria, Gozo and in relation to a kiosk may be transferred subject:
(a) to the payment of a fee of €1,000.00 to the relevant authority (provided
that such fee shall not be due when the transfer is made in favour of a
husband or wife, or any person in the direct descending line, including
adopted children, through an inter vivos or causa mortis transmission, on
proof of the family relationship to the existing licence holder);
(b) that no change is made in the category and condition of licence
issued to the previous licensee; and
(c) that the transferee makes a declaration to the relevant authority
that he is not in possession of another post or stall in the same market or
in any other market.
Authorisation from the Local
Councils:
A market hawker
shall not carry out such activity unless, in relation to a specific
open-air market, he has been given the authorization by the Local Council
of the locality where the market is situated and so allocated one post in
the aforesaid market. Furthermore, a market hawker shall not be in
possession of more than one authorization for a post in a market that
operates in the same day and time.
Cessation of commercial activity:
Where a market hawker decides to
cease carrying out his commercial activity, he should immediately notify
the Trade Licensing Unit on the appropriate form.
The licence issued to the Market
Hawker shall, together with the last receipt of the paid licence, be
displayed in a conspicuous place by the Licensee when conducting his or her
commercial activity.
Appeal:
Should an
application be refused and the applicant feels aggrieved by the decision of
the Trade Licensing Unit or the Local
Council, he may file an appeal in writing to
the Licensing Appeals Board within ten (10) working days from the date of
notification, in accordance with the provisions of Part VI of the Trading Licences Regulations SL441.07The appeal can be sent to tradelicenceapplications@gov.mt or to Commerce Department, Trade services
and Projects Directorate, Lascaris Bastions, Daħlet Ġnien is-Sultan,
Valletta, VLT1933, Malta. Any person making an appeal to the Board shall, upon filing of such appeal, pay a fee of fifty-eight euro (€58)
Licence Fee:
€40 every three (3) years and to
act as a market hawker from a fixed site in the open-air market in Valletta
or Marsaxlokk (daily open-air market except Sunday) or Victoria, Gozo: €60
every three (3) years
Enquiries can be directed to tradelicenceapplications@gov.mt or by telephone on 25690100 or
21226688during the normal working hours.
Date
of last update: 27/05/2021
 
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