Licences Act 1986 (Act No. 3 of 1986)

LAWS OF SEYCHELLES LICENCES ACT CHAPTER 113 REVISED EDITION 1991 PRINTED FOR THE GOVERNMENT OF SEYCHELLES BY SPACE THE GOVERNMENT PRINTER 1991 ED] LICENCES ACT [CAP 113 CHAPTER 113 LICENCES ACT [31stMarch 1987] Act 3 of 1986. S.I. 12 of 1987. S.I. 35 of 1988. S.I. 49 of 1988. Section S.I. 53 of 1988. ARRANGEMENT OF SECTIONS S.I. 3 8 of 1989. S.I. 47 of 1991. 1. 2. PART 1 - PRELIMINARY Short title. Interpretation. PART II-AUTHORIIY 3. Establishment and constitution. 4. Director. 5. Staff of the Authority. 6. Functions of the Authority. 7. Powers of the Authority. 8. Powers of the Minister. 9. Meeting of the Authority. 10. Disclosure of interest by members. 11. Delegations of powers. 12. Funds of the Authority. 13. Licence fee. 14. Accounts and audit. 15. Appeals 16. 17. 18. 19. 20. 21. 22. PART III - LICENCES Licences. Application for a licence. Powers of entry etc. Offences. Penalty. Regulations. Repeals and modification. 1 1991 ED] LICENCES ACT PART 1 - PRELIMINARY [CAP 113 Short title. Interpretation. 1. This Act may be cited as the Licences Act. 2. In this Act “Authority” means the Licensing Authority established by section 3( 1); “Chairman” means the Chairman ofthe Authority appointed under section 3(3); “Director” means the Director of the Authority appointed under section 4( 1); “Member” means a member of the Authority and includes the Chairman. PART II - AUTHORITY Establishment 3.(l) There is established for the purposes of this Act the and constitution. Licensing Authority. . (2) The Authority shall consist of not less than five members appointed by the President by notice published in the Gazette for such term and on such conditions as the President may determine. (3) The President shall appoint one of the members to be the Chairman of the Authority. Director, 4.( 1) There shall be a Director of the Authority appointed by the President for such term on such conditions as the President may determine. (2) The Director shall be the Chief Executive Officer of the Authority. (3) The Director has, in addition to such other fùnctions which the Authority may from time to time assign to him and subject to the direction of the Authority, supervision over and direction of the day-to day affairs of the Authority. (4) Subject to any direction of the Authority and, unless 2 1991 ED] LICENCES ACT [CAP 113 prevented by reasons which appear to be reasonable to the Authority, the Director shall attend and participate in the meet ings of the Authority but shall have no right to vote at the meetings. (5) Where the Director has a direct or indirect interest in a matter which falls to be considered by the Authority, he shall disclose the nature of his interest to the Authority and, unless specifically authorised to do so by the Authority, shall not take part in any deliberation of the Authotity with respect to that matter. 5.( 1) The Authority may, on such terms and conditions as may staff of the be determined by the Authority with the approval of the Presi- Authority. dent, employ such persons as are necessary for the Authority to perform its fùnctions. (2) The Authority may in the exercise of its powers under subsection (l), employ, with the approval of the President, a public oflicer on such terms and conditions as the President may determine. 6.(l) Where a licence is required under this Act, the Authority Functions of the may- Authority. (a) grant or renew the licence; (b) attach or vary conditions of the licence; (c) suspend or revoke the licence; or (d) other deal with the licence. (2) Where the Authority deems it fit to consult any other person, Government Ministry, department or agency, in the exercise of its powers under subsection (l), the Authority shall consult such person, Government Ministry, depaertment or agency. (3) Notwithstanding subsection (1) (c) (a) where any activity, business, trade, profession, pre mises or goods in respect ofwhich a licence is granted by the Authority is under the control, superintendence or management of a public officer or a Government 3 1991 ED] LICENCES ACT [CAP 113 Ministry, department, agency, or statutory body that officer, Ministry, department, agency or statutory body may for a breach of any conditions ofthe licence or for any other reasonable cause suspend the licence for a period of 21 days, where in the opinion of that officer Ministry department, agency or statutory body such action is necessary in the interests of such activity, business, trade, profession, premises, or goods, and shall inform the Authority of such action; (6) where pursuant to a a conviction of any person by a court for any offence, the court is empowered by any Act to suspend, cancel or revoke a licence issued by the Authority, the court may temporarily suspend the licence for a period of 21 days and shall inform the Authority of such action. (4) Where a person complains to the Authority against a licensee the Authority may, where it does not consider the complaint frivolous or vexatious, (a) hear and investigate the complaint; and (b) subject to this Act, take such measures against the licensee as the Authority considers appropriate. (5) The Authority shall ensure that a licensee complies with’the conditions of his licence. (6) The Authority shall keep a record of all the licencesgranted by it. Powers of the Authority. 7. In the exercise of its functions under this Act, the Authority may (a) require any person to fùrnish any information on any matter relating to a licence or on an application for a licence; summon a person to appear before the Authority to answer questions and to produce such documents as the Authority may specify in the summons; 4 (b) 1991 ED] LICENCES ACT [CAP 113 (c) administer an oath to a person appearing before it or allow that person to make an affirmation or declara tion; (d) nominate, appoint or authorise any person or any Government Ministry; department or agency to en quire and report on any matter relating to (i) an application for a licence; (ii) the alleged breach of a condition of a licence; (iii) the renewal, revocation or suspension of a licence; or (iv) a complaint against a licensee, (e) without prejudice to the liabihty of any person under any Act, order (i) the closure or premises A. in respect of which a licence has been issued by the Authority; or B. on which any activity, business, trade or profession is being carried on or any goods are stored or kept in breach of a provision of an Act; or (ii) the seizure of any material or equipment used in connection with an activity, business, trade or profession which is being carried out in breach of a provision of an Act. (f) cal1 for and obtain the assistance of any police officer, public oficer or any person, and use such force as may be necessary, in carrying out any order under para graph (e). 8.(l) Subject to subsection (2), the Minister may give to the Powers of the Authority directions of a general character by notice in writing as Minister to the exercise of its functions and powers in relation to matters concerning the public interest and the Authority shall comply with those directions. 5 1991 ED] Meetings of the Authotity. Disclosure of interest by members. Delegation o f powers. Funds of the Authority. LICENCES ACT [CAP 113 (2) In the exercise of his powers under subsection (l), the Minister shall not give a direction to the Authority with respect to a particalar application, licence or case. 9.( 1) The Authority shall meet at such time and at such place as the Chairman may determine. (2) The Chairman or, in his absence, any member nominated by the President shall preside at any meeting of the Authority. (3) Three members shall constitute a quorum. (4) Questions atising at a meeting of the Authority shall be decided by a majority ofthe votes of the members present and, in the event of an equality of votes, the Chairman or the member presiding shall have a second or casting vote. (5) The proceedings of the Authority shall be held in private. (6) Subject to the preceding provisions of this section, the Auyhority shall regulate its own proceedings. 10. A member who has a direct or indirect interest in any matter which falls to be decided by the Authority (a) shall disclose the nature of his interest at a meeting of the Authority; and (b) shall not take part in any deliberation or decision in respect of that matter. 11.(1) The Authority may, subject to such conditions and restrictions as it may impose, delegate to the Director such of its powers as are necessary to enable the Director to transact effectively the day-to-day affairs of the Authority. (2) The Director may, subject to the approval ofthe Authority, delegate to an officer ofthe Authority, such ofhis functions as he may determine. 12.( 1) The funds of the Authority shakl consist of (a) money appropriated by an Approprjation Act and paid to the Authority; and 6 1991 ED] LICENCES ACT [CAP 113 (b) such other money as may be lawfully charged by the Authority other than the licence fees received in respect of licences. (2) The Authority shall apply its funds for the put-pose of meeting expenditures incurred by the Authorityin carrying out its functions including the salary of its Director, its staff and such other expenses as may be authorised by the Minister. 13.( 1) The Authority shall pay into the Consolidated Fund the Licence fee. licence fee received by it in respect of a licence. (2) The Authority may, in consultation with the Minister, waive or remit any fees in any particular case. 14.(l) The Authority shall keep proper accounts of the Au- Accounts and thority and records in relation to the accounts and shall prepare, audit. in respect of each financial year of the Authority, a statement of accounts in such form as the Minister may direct. (2) The accounts and statement of accounts of the Authority shall be audited by an auditor appointed by the Minister. (3) As soon as the accounts and statement of accounts of the Authority in respect of any financial year have been audited, the Authority shall furnish to the Minister a copy of the statement together with a copy of any respect made by the auditor on that statement or on the accounts of the Authority. (4) The Authority shall prepare in respect ofeach financial year of the Authority a report of its activities and submit a copy ofthe report to the Minister. (5) The financial year of the Authority shall end on 3 1st December in each year. 15. A person who is aggrieved by a decision of the Authority Appeals. may within 15 days from the date of the decision appeal to the Minister whose decision on the matter shall be final. PART III-LICENCES 16.( 1) Notwithstanding any thing in any other Act, no person Licences. s h a l l 7 1991 ED] LICENCES ACT [CAP 113 Application for a licence Powets of entry etc. (a) engage in or carry on any activity, profession, trade or business specified in Schedule 1; ( b ) keep, use or possess any animal, goods vehicles or vessels specified in Schedule 2; or (c) keep or manage any premises specified in Schedule 3, except under and in accordance with a licence granted by the Autbority. (2) Regulations may provide for a11 matters in respect of a licence under subsection (1) including the levy of a fee or charge in respect of the licence. (3) The Minister may exempt, subject to such conditions, as he thinks fit, any person or premises from the operation of a11 or any provisions of the Act. (4) Where, for any of the purposes set out in subsection (l), a licence is required under any other Act, this Act shall apply to such licence and, notwithstanding anything to the contrary in that other Act, the Authority may exercise its functions and powers in respect of such licence as if it were a licence required under this Act. 17.(l) An application for a licence shall be made to the Authority and shall contain such particulars asmay be prescribed. (2) The Authority may direct an applicant for a licence to furnish particulars as it may consider necessary and the applicant shall comply with such direction. 18.( 1) The Authority may authorise any person on its staff to exercise any of the powers pursuant to subsection (2). (2) A person authorised under subsection (1) may, where he has reason to believe that an offence under this Act has been, or is being committed (a) enter and search any premises, vehicle or vessel; (b) cal1 for and examine any licence, book or other document; 8 1991 ED1 LICENCES ACT [CAP 113 (c) take copies or extracts from any book or document or any entry of the book or document. (3) A person authorised under subsection (1) shall, if so requested, produce his authority to exercise the powers under this section. l9.( 1) Any person who without lawful authority or reasonable Offences. excuse communicates to another person information which he has acquired in his capacity as a member, officer employee or agent of the Authority is guilty of an offence. (2) Any person who without lawful authority or reasonable excuse (a) wilfully fails to furnish any information when required by the Authority to do so; (b) wilfùlly fails to comply with a summons issued or an order made by the Authority to do SO; (c) wilfully fails to answer a question put to him by a member in the course ofproceedings ofthe Authority held under this Act; (d) knowingly gives false evidence before the Authority; (e) wilfully obstructs a member, officer, employee or agent of the Authority in the exercise of his function under this Act; or (f) acts in contempt of the Authority, is guilty of an offence. (3) A person who in any application for a licence under this Act or pursuant to any requirement under section 7 (a) or any direction under section 17(2) makes any statement which he knows to be false in a material particular is guilty of an offence. (4) A person who contravenes section 16( 1) or, when directed by the Authority, contravenes section 17(2) or contravenes any condition of a licence or contravenes any regulation guilty of an offence. 9 1991 ED] LICENCES ACT [CAP 113 (5) Where a pet-son is charged with contravening section 16( 1), the burden of proving that he is the holder of a licence, shall be on him. Penalty. 20.( 1) Any person who is guilty of an offence under this Act shall on conviction be liable (a) in the case of an offence under section 19( 1) or section 19(2) or section 19(4), to a fine of R. 20,000 and to imprisonment for 2 years; (b) in the case of an offence under section 19(3), to a fine of R. 50,000 and to imprisonment for 5 years. (2) Without prejudice to any penalties under subsection (l), the Authority may revoke a licence where the holder of a licence granted by the Authority (a) is convicted of an offence under this Act; or (b) is convicted of an offence under any other law which disqualifies him upon conviction from holding the licence or which enables on conviction the revocation of the licence. Regulations. 21.(l) The Minister may make regulations for carrying into effect the provisions of this Act and for matters necessary or required to be prescribed by regulations. (2) The Minister may by regulations amend the Schedules. Repeals and modifications. 22.( 1) Each Act specifïed in column 1 of Schedule 4 is hereby repealed to the extent specified in the corresponding entry in column 2 of that Schedule. (2) Each Act specified in column 1 of Schedule 5 is modified in the manner set out in the corresponding entry in column 2 of that Schedule. (3) Notwithstanding the repeals effected by subsection (1), licence granted under an Act repealed by that subsection and in force on the day immediately prior to the date of repeal shall, 10 1991 ED] LICENCES ACT [CAP 113 unless earlier revoked, continue in force for the period for which the licence is granted. (4) The Authority may exercise any ofits functions and powers under sections 6 and 7 in respect of a licence granted under any Act repealed by subsection (1) and in force under subsection (3) as if it were a licence granted under this Act.