Licences (Trade) Regulations, 2012 (S.I. 23 of 2012)

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

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

3.(1) The licence to trade shall bea licence to trade as — Type of licence (a) an importer; (b) a wholesaler; (©) aretailer; 4 (d) { ahirer 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 — 170 Supplement to Official Gazette [7th May 2012] (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 reffered 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). Bodies to be 4. Prior to granting a licence, the Authority shall consulted 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; ; ) in the case ofa 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 [7th May 2012] Supplement to Official Gazette 171 with a wireless-receiver or transmitter, whether there is a valid licence for the receiver of transmitter; _ .(e) inthe case or a hirer under regulation 3 (1) (€), MP ‘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.(1) The Authority may, in a licence under regulations Conditions of licence 3(1) (d) specify — (a) conditions— as (i) restricting the number of passengers; (ii) restricting the area of operation; (iii) requiring additional equipment, (iv) relating to standard or 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; d72 Supplement to Official Gazette [7th May 2012] (c) any other conditions which the Authority may deem fit to impose; (2) Alicence 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, ina licence under regulation 3(1) (e) specify — (a) conditions— (i) to ensure the safety of a skier, flyer, boat crew and land crew; (ii) toensure 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. - 7 -(b) any other conditions which the Authority may deem fit to impose. [7th May 2012] Supplement to Official Gazette 173 (4) Alicence 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. i (5) The Authority may in a licence under regulation 3(1) (8), 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 i: a 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.(1) Subject to subregulation (2), an application for a Processing fees licence to trade shall be accompanied by the fees set out the to accompany application Schedule. (2) Aperson 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 licensed, be liable, in addition to the licence fee and any other penalty under the Act, to a surcharge equal to 10% of 174 Supplement to Official Gazette [7th May 2012] 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. Validity and 7.(1) Alicence to trade shall be valid for a period of 1 year, non- transferability 3 years or 5 years as applicable unless revoked by the Authority of licence and is, subject to subregulation (2), non transferable. (2) The Authority may, on the application of the holder ofa 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 anotherpremises: “SCHEDULE Reg 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 Year 3 Years A. where the hirecraft belong SCR SCR to a Seychellois and : AA. the craft, not being a beahcraft, does not 7 exceed 3m 500 1,400 [7th May 2012] Supplement to Official Gazette 175 AB. the craft, not being a beachcraft, exceeds 3m but does not exceed 12m 1,500 4,200 “the craft, not being a beach craft, exceeds 6m but does not exceed 12m 4,000 11,200 AD. the craft, not being a beachcraft, exceeds 9m but does not exceed 12m 6,000 16,900 AE. the craft, not being a beachcraft, exceeds .. 12m but does not exceeds 20m 8,000 22,500 we 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 where the hirecraft does not belong to a Seychellois, each of the fees specified in sub- itemA is doubled () operator of paragliding, commercial ski boat and 176 Supplement to Official Gazette [7th May 2012] hirer of water sports equipment 400 1,150 Meg pe (ii) hirer of bullock carts 20 60 (iii) hirer of loaders and excavators 400 1,150 (iv) hirer of goods not otherwise specified 400 1,150 MADE this 3rd day of May, 2012. ad PIERRE LAPORTE MINISTER OF FINANCE, TRADE AND INVESTMENT