Business, Professions and Trade Licences Act Chapter 200 (No. 10 of 1989)

2094 CAP.200) Business, Professions and Trade Licences. Business, 3. (1) Notwithstanding the provisions of any other Act, Profession or Trade Licence. no person shall engage in a business, profession or trade as set First Schedule. out in the First Schedule, or otherwise, without first having obtained a licence for that purpose. (2) The provisions of subsection (1) shall not apply to the selling of any locally produced unprocessed agricultural products or any marine products by a belonger. Businesses etc. 4. (1) A person who is engaged in any business, not covered in First Schedule. profession or trade that is not set out in the First Schedule, shall submit a written application to the Minister for the grant of a licence. (2) The provisions of paragraphs (a) and (b) of subsection (2) of section 5, relating to the furnishing of information by an applicant, shall apply in respect of an application submitted under subsection (1) of this section, and where an application is approved under this Act, the applicant shall upon payment of the licence fee as may be determined by the Minister be issued a licence. Procedure for 5. (1) An application for a licence for a business, making application for profession or trade set out in the First Schedule, shall be in the licence. prescribed form and be forwarded to the Minister in duplicate. (2) Where an applicant is- ( a) an individual, such applicant shall furnish information together with the prescribed form concerning his identity, personal history, experience, business record or any conviction of any offence (which is a felony or misdemeanour) involving moral turpitude in the jurisdiction where the offence occurred, and any other pertinent facts that the Minister may reasonably require; ( b) a firm or body corporate, the applicant shall designate every partner of that firm and every director of that body corporate and each officer, or employee who will exercise the powers to be conferred by the licence upon such firm or body corporate, and the Minister may require any such partner, director, officer or employee, as the case may be, to furnish him with the information required of applicants under paragraph (a). (3) Where the holder of a licence is a firm or body corporate, then if at any time a change occurs in the persons who are partners or directors of that firm or body corporate, Business, Professions and Trade (CAP. 200 2095 Licences. as the case may be, the licensee shall as soon as reasonably practicable after that serve on the Minister a notice giving particulars of the change. 6. (1) The Minister may, on receipt of an application Grant and issue of licence. under subsection ( 1) of section 4, or subsection (1) of section 5, approve or disapprove the application. (2) Where the Minister- (a) approves an application he shall issue a licence subject to such terms and conditions as he may determine, and where the applicant is a non-belonger require such applicant to deposit such sum of money as may be determined by the Minister for securing payment of any wages and taxes that may be incurred in respect of such business, trade or profession; (b) disapproves an application he shall within a period of seven days of disapproval notify the applicant setting out the grounds of such disapproval. 7. A licence issued under this Act shall be in the form Form of licence. Second Schedule. set out in the Second Schedule. 8. (1) On the issue of a licence under this Act the Fees for licences. applicant shall pay to the Accountant General the prescribed fee, set out in the First Schedule, or a fee determined by the First Schedule. Minister in respect of an application under section 4. (2) Where several businesses, professions or trades in respect of which licences are required under section 3, are carried on in the same premises, the licence fee payable in respect of each such business, profession or trade shall be the licence fee fixed in respect of such business, profession or trade as set out in the First Schedule. (3) In respect of a licence issued after 31st March in any year, the licensee shall pay the proportionate amount of the annual fee for the remaining quarter of the year, and for the purpose of computing the proportionate amount every portion of a quarter of the year shall be computed as a full quarter. 9. Every licence issued to a person under this Act other Licence to named person. than an itinerant vendor shall-

2096 CAP. 200) Business, Professions and Trade Licences. ( a) entitle the licensee for the period specified in the licence, to carry on the specified business, profession or trade from the place designated in the licence; ( b) subject to subsection (2) of section 6, be put into active use in the business, profession or trade for which the licence was granted within ninety days or such further period as may be determined by the Minister following the issuance of such licence, subject to automatic revocation of the licence if not put into active use within such time. Inspection of 10. A Trade Inspector may, after the issue of a licence, licensed premises. inspect any building or premises during normal working hours, to verify that the business, profession or trade being carried on at such building or premises complies with the terms or conditions of the licence. Production of 11. Every person who is required by this Act to obtain a licences. licence shall produce that licence for inspection to the Trade Inspector or to a police officer when so requested by such Inspector or officer. Duration and 12. Every licence issued under this Act shall expire on renewal of licences. the thirty-first day of December in the year in which that licence was issued and may be renewed thereafter upon application and the payment of the prescribed fee. Penalty for 13. Where a licence is not renewed within a period of default. thirty days after the expiry of such licence, the defaulter shall pay in addition to the licence fee, a penalty of a sum equivalent to ten per cent of the licence fee, for every month or part thereof during which such default continues. Transfer of 14. The Minister may upon such terms and conditions licence. as he deems appropriate transfer a licence granted under this Act to the appointee of the licensee, or in the event of the death of the licensee to his personal representative, or to the appointee of such personal representative; and such transfer shall, upon the payment of a transfer fee of a sum equivalent to twenty per cent of the licence fee, be made by endorsement on the original licence in the prescribed form. Notice by licence 15. (1) Every holder of a licence shall keep his licence holder. affixed in some conspicuous place on the premises where he carries on his business, profession or trade. Business, Professions and Trade .(CAP. 200 2097 Licences. (2) Any person who acts in contravention of this section is guilty of an offence. 16. (1) A person who desires to carry on a business, Licence required for each profession or trade on any premises other than in the principal premises. place where the business, profession or trade is being carried out shall first obtain from the Minister a licence for that purpose in respect of each such premises in addition to the licence already obtained for his principal place of business, profession or trade. (2) For each additional premises in respect of a business, profession or trade, the applicant shall pay a licence fee of a sum equivalent to fifty per cent of the business, profession or trade licence fee, paid in respect of his principal place of business, profession or trade. (3) Any person who acts in contravention of this section is guilty of an offence. 17. The Minister may revoke a licence- Revocation of licence. ( a) for contravention of any condition subject to which the licence is granted; ( b) where he is of the opinion that the licensee is carrying on a business, profession or trade in a manner detrimental to the public interest; (c) where the licensee is a company- (i) the company concerned has ceased to carry on business in the Territory; (ii) the company concerned goes into liquidation or is wound up or otherwise dissolved; or (iii) if the company concerned fails to comply with any directive or requirement issued by the Minister under this Act. 18. For the purposes of this Act, the Minister may Minister's power to designate designate any public officer employed in the Ministry of Trade officers. to function as a Trade Inspector. 19. A Trade Inspector may- Functions of Trade Inspector. ( a) enter and inspect during normal working hours any premises where a business, profession or trade is conducted under a licence issued under this Act;

2098 CAP. 200) Business, Professions and Trade Licences. ( b) make enqumes to ascertain whether the provisions of this Act are being complied with by the licensee; ( c) examine any record kept on those premises and required for the purpose of an enquiry under paragraph ( b), and take copies of extracts of such records; and ( d) where any record required under paragraph ( b) is not available for examination, request the licensee to provide such document within a period of forty-eight hours. Identity of Trade Inspector. 20. (1) Every Trade Inspector shall be issued a certificate of his designation or other form of identification signed by the Minister and upon entering any premises where a business, profession or trade is conducted shall produce the certificate or other form of identification on demand by the proprietor or the person for the time being in charge of such business, profession or trade. (2) Where a Trade Inspector enters any premises by virtue of the provisions of section 19, the proprietor or the person for the time being in charge of such business, profession or trade shall furnish him with the information required under section 19 ( c). Obstruction of Trade Inspector 21. A person who hinders, assaults or obstructs a Trade an offence. Inspector in the discharge of his functions under this Act, or refuses or neglects to answer a question or furnish any information required by a Trade Inspector is guilty of an offence and is liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. Penalty for permitting 22. (1) A person holding a licence under this Act who premises to be permits the premises to be used for the commission of an used for offences offence under the Drugs (Prevention of Misuse) Act shall against Cap. 178. himself be guilty of an offence and liable on summary conviction to a fine of two thousand dollars and to imprisonment of twelve months and notwithstanding any other provisions of this Act in addition thereto the court before whom the case is heard may order that the licence be revoked forthwith and that such person be disqualified from holding any licence for such period not exceeding five years as the court may determine. Business, Professions and Trade (CAP. 200 2099 Licences. (2) For the purposes of this section if the holder of the licence is a firm or a body corporate then every partner of such firm or body corporate or if any director, secretary or officer of the body corporate or any manager or person in charge of the premises in respect of which the licence is held permits the commission of any offence under the Drugs (Prevention of Misuse) Act on such premises then both such person and the firm or body corporate shall be deemed guilty of an offence under subsection ( 1) and liable to the penalties specified thereunder. 23. A person who makes any declaration required to be Penalty for false declaration. made by this Act knowing the same to be false in any material particular in regard to such declaration is liable on summary conviction to imprisonment for a term not exceeding one year or to a fine not exceeding five hundred dollars and in the case of a second or subsequent conviction, to imprisonment for a term not exceeding two years, or to a fine not exceeding one thousand dollars or in certain cases to both such imprisonment and fine. 24. Every person who contravenes any of the provisions General penalty. of this Act for which no other punishment is expressly provided in this Act, is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand dollars, or to both such imprisonment and fine. 25. A licence fee payable under this Act and all fines and Recovery of licence fee, fines, penalties imposed under this Act shall be recoverable and penalties. summarily before a Magistrate under the provisions of the Magistrate's Code of Procedure Act, and proceedings for the Cap. 44. recovery of such fine or penalty may be commenced at any time within the two years after the commission of the offence for which the penalty has been incurred. 26. The Minister may make regulations- Regulations. ( a) prescribing the forms to be used for any of the purposes of this Act; ( b) prescribing the limit as to the number oflicences that may be issued to non-belongers from time to time, either generally or in relation to a particular business, profession or trade in relation to any district or any area; and

2100 CAP. 200) Business, Professions and Trade Licences. ( c) for the purpose of giving effect to the objects and purposes of this Act. Licence not 27. A licence issued under this Act shall not be deemed authority for sale of intoxicating, to authorise the sale of intoxicating liquor or any other matter liquor. for the sale of which a licence is required by any other Act.

FIRST SCHEDULE. Ss. 3, 4, 5 & 6. LICENCE FEES. Categories Fee Fee Belonger Non-Belonger per annum per annum $ $ I AGENTS Travel and Ticket 100.00 300.00 Travelling Agent 50.00 350.00 II COMMERCIAL Accounts and Bookkeeping Services. 50.00 400.00 Advertising Agency 50.00 400.00 Air Cargo Transportation 100.00 500.00 Air Charter Service 100.00 500.00 Answering Service 25.00 350.00 Automobile Towing Service 25.00 350.00 Baggage, Cargo, Mail Handling 25.00 350.00 Bakeries 50.00 200.00 Barber 50.00 350.00 Beauty Salons 50.00 350.00 Blasting and Demolition Service 50.00 400.00 Boat Rental 25.00 350.00 Book Store 50.00 400.00 Boutique 50.00 400.00 Bus and Taxi Transportation 50.00 400.00 Business Management or Consulting Finns 100.00 500.00 Butcheries 25.00 350.00 Cable Television and Antenna Service 100.00 500.00 Car Rental 50.00 300.00 Carpet Laying and Rental Service 50.00 400.00 Catering Service 25.00 350.00 Commercial Art Services/Artists Studio 50.00 400.00 Business, Professions and Trade (CAP. 200 2101 Licences. Categories Fee Fee Belonger Non-Belonger per annum per annum $ $ Commercial School 50.00 400.00 Commercial Ware Housing 50.00 400.00 Driving School 50,00 400.00 Drug Store 50.00 400.00 Dry Cleaning and Commercial Laundry or Laundromat 50.00 400.00 Employment Agency 50.00 400.00 Funeral Parlour 50.00 400.00 Garage and Repair Shop 50.00 400.00 Garbage Removal Service 75.00 400.00 Gasoline Bulk Storage 100.00 500.00 Gasoline Station 75.00 500.00 Grocery Store 25.00 500.00 Hardware 75.00 500.00 Horticulture and Maintenance Service 50.00 400.00 Insurance Company 150.00 450.00 Interior Decorating 50.00 400.00 Itinerant Vendor /Pedlar 10.00 200.00 Janitorial Service and Supply 50.00 400.00 Landscaping Consultant 50.00 500.00 Machine Shop 50.00 400.00 Marine Salvage and related Under Water Service 100.00 500.00 Mini Cruise Ships 200.00 500.00 Mobile Food Service and Refreshment Stand 25.00 350.00 Modelling Agency 25.00 350.00 Motor Vehicle Dealer (new & used) 100.00 500.00 Printing and Publishing House 100.00 500.00 Radio Station 100.00 500.00 Real Estate Agent, Broker and Manager 100.00 500.00 Rental and Lease of Equipment (office, gardening, etc.) 50.00 400.00 Repair Shop 50.00 400.00 Rental and Lease of Heavy Equipment 100.00 500.00 2102 CAP.200) Business, Professions and Trade Licences. Categories Fee Fee Belonger Non-Belonger per annum per annum $ $ Sailing School 100.00 500.00 *Salvage and Sale of Used Parts/ Wreckshop 50.00 400.00 Scooter and/ or Motorcycle Rental 25.00 350.00 Scuba Diving School and Related Services 50.00 400.00 Secretarial Services 25.00 350.00 Security Guard Services 25.00 350.00 Sport and Entertainment Promoter 25.00 350.00 Superette 50.00 400.00 Supermarket 100.00 500.00 Telegraph Office 100.00 500.00 Television Station 100.00 500.00 Upholstery Shop 25.00 350.00 Variety Store 25.00 400.00 Welding Service 50.00 400.00 Wholesaler of Goods 75.00 450.00 Yacht and Boat Management and Charter 100.00 500.00 Yacht Brokerage and Sales 100.00 450.00 Yacht Provisioning 50.00 400.00 III ENTERTAINMENT Discotheque 50.00 400.00 Motion Picture Theatre 100.00 500.00 Transient Amusement Parks 50.00 400.00 IV HOTELS, REsTAURANTS, BARS, GUEST HOUSES AND APARTMENTS Apartment Rentals 50.00 400.00 Bars 25.00 350.00 Coffee Shops & Ice Cream Parlour 25.00 350.00 Guest Houses 50.00 400.00 Hotels 100.00 500.00 Restaurant and Bar 50.00 400.00 Vacation Home Rental 50.00 400.00 V MANUFACTURING Blenders and Bottlers of Alcoholic Beverages 100.00 450.00 *If part of garage, no charge Business, Professions and Trade (CAP. 200 2103 Licences. Categories Fee Fee Belonger Non-Belonger per annum per annum $ $ VI PROFESSIONS Manufacturing and Repair of Fiberglass Boats and Related Products 50.00 400.00 Manufacturing of Aerated Waters and/or Ice Manufacturers 50.00 500.00 Prime Distillers of Alcoholic Beverages 75.00 500.00 Accountants: A. Individual 100.00 500.00 B. Company 200.00 600.00 Architects: A. Individual 100.00 500.00 B. Firm 200.00 600.00 Barristers/Solicitors: A. Individual 100.00 500.00 B. Firm 200.00 600.00 Chiropractors 100.00 500.00 Doctors/Dentist'>/ Opticians: A. Individual 100.00 500.00 B. Firm 200.00 600.00 Veterinarians 100.00 500.00 VII TRADES Construction/Contractor: A. Individual 100.00 500.00 B. Firm 200.00 500.00 Carpenters 50.00 400.00 Draughtsmen Electricians Plumbers } self-employed 50.00 50.00 50.00 400.00 400.00 400.00 2104 CAP. 200) Business, Professions and Trade Licences.

SECOND SCHEDULE. S. 7. TRADE DMSION CHIEF MINISTER'S OFFICE GoVERNMENT OF THE BRITISH VIRGIN lSI.ANDS. LICENCE NO ....................................... . Licence for a Business/Profession/Trade Name and Address of Licensee .......................................................... . has been duly Licensed to Engage in the Business/Profession/ Trade of................................................................................................ .. Address of Licensed Premises ............................................................. . Effective Date Day Month Year Expiration Date Day Month Year Minister Ministry of Trade This Licence issued, subject to payment in full, will be in force until the day of , 19