A Street or Market Hawker may appoint one other individual as his or
her substitute by making an application (Form C) for a licence to the Trade
Licensing Unit, within the Commerce Department, so that the substitute
shall carry out such activity which for any reason the Street or Market
Hawker cannot carry out himself.
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 (1) 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.
However, 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, spouse, 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.
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; and
(e) the nature of the hawking activity.
The application for a Substitute Hawker 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, spouse 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 (NCPD) in the case where the licensee is taking
care of a disabled parent, spouse, 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; and
(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.
The Environmental Health Directorate can
be contacted on 21337333 or by email mhi@gov.mt
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.
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.
LICENCE FEE:
No fee
The application form can be downloaded from here:
https://eforms.gov.mt/pdfforms.aspx?fid=ebt043e
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.
Link to Commerce Department’s responsive website – https://tradelicences.gov.mt/#/en/home
Date of last update – 09/07/2020
 
|