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.
To obtain a licence to act
as a Market Hawker, an individual should make an application on the appropriate
form (Form B) to the Trade Licensing Unit, within the Commerce Department.
Attached to the application should be two passport photos of the applicant.
The application form can be downloaded from here: https://tradelicences.gov.mt/#/en/application/3
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 licence issued by the Trade Licensing Unit will
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.
The
Environmental Health Directorate can be contacted on 21337333 or by email mhi@gov.mt
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 €2,329.00 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.
APPEAL:
Where an applicant feels
aggrieved by the decision of the Trade Licensing Unit or from any Local Council
in respect of a refusal of issuing of a licence, he may file an appeal in
writing to the Licensing Appeals
Board within ten (10) working days from the
date when the applicant or any other person has been notified by the Trade
Licensing Unit, in accordance with the
provisions of Part VI of Subsidiary Legislation 441.07 - Trading Licences
Regulations. The appeal can be sent to tradelicenceapplications@gov.mt or to Commerce Department, Lascaris Bastions,
Daħlet Ġnien is-Sultan, Valletta, VLT1933, Malta.
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.
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
Link to important legislation:
Subsidiary Legislation
441.07 - Trading Licences Regulations
Enquiries can be directed to tradelicenceapplications@gov.mt or by telephone on 25690313, 25690289, 25690310, 25690312 and
25690315 during the normal working hours.
Date of last update –
07/07/2020