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Licences (Trade) Regulations, 2012 (Statutory Instrument 23 of 2012)

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This is the latest version of this legislation commenced on 05 Jul 2017.

Seychelles

Licences Act, 2010

Licences (Trade) Regulations, 2012

Statutory Instrument 23 of 2012

  • Commenced on 7 May 2012

  • [This is the version of this document at 5 July 2017.]


[Note: There are currently two Licence (Trade) Regulations in force, as this SI did not repeal and replace SI 22 of 1987 (reproduced above)]


1. Citation

These Regulations may be cited as the Licences (Trade) Regulations, 2012.

2. Application for licence to trade

An application for a licence to trade shall be in the form prescribed by the Authority.

3. Type of licence

(1)The licence to trade shall be a licence to trade as—
(a)an importer;
(b)a wholesaler;
(c)a retailer;
(d)a hirer of hirecraft to which the Control of Hire Craft Act applies;
(e)an operator of paragliding or commercial ski boat, jet-skis or hirer of water sports equipment, to which the Beach Control Act applies;
(f)a hirer of any goods or vehicles other than a hirer referred to in paragraph (d) or (e).
(2)The licence to trade shall— 
(a)in the case of a licence to trade referred to in subregulation (1)(a), (b) or (c), specify the category or class of goods for which the licence is granted and the address where the trade is to be carried on;
(b)in the case of a licence to trade referred to in subregulation (1)(d), (e) or (f), specify the category or class of operation or hiring for which the licence is granted and the address where the trade is to be carried on.
(3)The Authority may grant a licence to trade in more than one class of trade specified in subregulation (1).

4. Bodies to be consulted

Prior to granting a licence, the Authority shall consult—

(a)the Planning Authority as to whether the trade premises comply with all requirements of planning under the laws of Seychelles;
(b)the Department responsible for Public Health as to whether the trade premises conform to the public health requirements under the laws of Seychelles;
(c)where necessary, the officer in charge of the Fire and Rescue Services Agency as to whether the trade premises comply with all planning requirements relating to fire protection under the laws of Seychelles;
(d)in the case of a hirer under regulation 3(1)(d), the Seychelles Maritime Safety Administration as to whether the hirecraft complies with the requirements of the Control of Hire Craft Act and, where a hire craft is required to be fitted with a wireless receiver or transmitter, whether there is a valid licence for the receiver of transmitter;
(e)in the case or a hirer under regulation 3(1)(e), the Ministry responsible for the administration of the Beach Control Act as to whether the requirements under that Act have been complied with;
(f)in the case of a hirer under regulation 3(1)(f), the Ministry or Department having the control or management of goods or vehicles as to whether all the requirements of law have been complied with.

5. Conditions of licence

(1)The Authority may, in a licence under regulations 3(1)(d) specify—
(a)conditions— 
(i)restricting the number of passengers;
(ii)restricting the area of operation;
(iii)requiring additional equipment;
(iv)relating to standard of accommodation and tourist amenities;
(v)requiring the licensee to take out and keep in force a policy of insurance to the satisfaction of the Authority covering the passenger an crew of the hirecraft, and the public, for personal injury and for damage to the property;
(b)rates for charter or hirecraft approved by the Seychelles Tourism Board;
(c)any other conditions which the Authority may deem fit to impose.
(2)A licence under regulations 3(1)(d) shall be subject to the condition that the holder of the licence shall comply with the provisions of the Control of Hire Craft Act and the Regulations made under that Act.
(3)The Authority may, in a licence under regulation 3(1)(e) specify— 
(a)conditions— 
(i)to ensure the safety of a skier, flyer, boat crew and land crew;
(ii)to ensure the safety of the public and other users of the beach and inshore waters;
(iii)restricting or otherwise specifying the area and time of operations;
(iv)specifying the necessary equipment including tow rope, harness, boat or safety equipment, suitable engines for the proper and safe operation of water skiing and paragliding;
(v)requiring the licensee to take out and keep in force a policy of insurance to the satisfaction of the Authority covering the water skier, paraglider, the ski boat and paragliding crew, and the public or personal injury or damage to their property.
(b)any other conditions which the Authority may deem fit to impose.
(4)A licence under regulation 3(1)(e) shall be subject to the condition that the holder of the licence shall comply with the provisions of the Beach Control Act and Regulations made under that Act.
(5)The Authority may in a licence under regulation 3(1)(f), specify—
(a)conditions— 
(i)requiring the licensee to take out and keep in force a policy of insurance to the satisfaction of the Authority covering—
A.The passengers in the vehicle and the public for personal injury and damage to their property; and
B.Damage to goods being carried by the vehicle.
(ii)in relation to storage of goods, their disposal and quality control;
(b)any other conditions which the Authority may deem fit to impose;

6. Processing fees to accompany application

(1)Subject to subregulation (2), an application for a licence to trade shall be accompanied by the fees set out the Schedule.
(2)A person who was the holder of a licence and who applies, after the expiration of the licence, for the same type of licence shall, unless the Authority is satisfied that he has, during the period between the expiration of the licence and his application, ceased to carry on the activity for which he was previously licenced, be liable, in addition to the licence fee and any other penalty under the Act, to a surcharge equal to 10% of the licence fee for each month or part thereof which has elapsed from the date of the expiration of the previous licence and the date of the lodging of his application.
(3)Where an application for a licence is refused, the Authority shall refund the licence fee and the surcharge to the applicant.

7. Validity and non-transferability of licence

(1)A licence to trade shall be valid for a period of one year, three years or five years as applicable unless revoked by the Authority and is, subject to subregulation (2), non transferable.
(2)The Authority may, on the application of the holder of a licence and after consulting the relevant bodies specified in regulation 4, authorise, subject to such conditions as it thinks fit, the holder of the licence to transfer the activities under the licence to another premises.


Schedule (Regulation 6(1))

Fees


1. Licence fee 5 Years
SCR
(i) importer 1200
(ii) wholesaler 1200
(iii) retailer 1200
2. Licence fee for hirer of hirecraft to which the Control of Hire Craft Act applies— 1 years 3 years
SCR SCR
A. where the hirecraft belong to a Seychellois and
AA. the craft, not being a beahcraft, does not exceed 3m 500 1,400
AB. the craft, not being a beachcraft, exceeds 3m but does not exceed 12m 1,500 4,200
AC. the craft, not being a beachcraft, exceeds 6m but does not exceed 12m 4,000 11,200
AD. the craft, not being a beach-craft, exceeds 9m but does not exceed 12m 6,000 16,900
AE. the craft, not being a beach-craft, exceeds 12m but does not exceeds 20m 8,000 22,500
AF. the craft, not being a beach-craft, exceeds 20m 10,000 28,200
AG. the hirecraft is a beachcraft (including wind-surfing boards, sail boards and the beach sport crafts) 100 300
B. where the hirecraft does not belong to a Seychellois, each of the fees specified in subitem A is doubled—
(i) operator of paragliding, commercial ski boat and hirer of water sports equipment 400 1,150
(ii) hirer of bullock carts 20 60
(iii) hirer of loaders and excavators 400 1,150
(iv) hirer of other goods not otherwise specified 400 1,150