Substitute Hawker and Employees
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Substitute Hawker and Employees

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