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Licences Ordinance

LAWS OF TUVALU
REVISED EDITION 1990

CHAPTER 56

LICENCES ORDINANCE

Arrangement of Sections

Section

1 Short title and application
2 Interpretation
3 Licences, fees, exemptions and transfers
4 Issue of licences
5 Duration of licences
6 Licences personal
7 Auctioneer’s licence
8 Commission agent’s licence
9 Hawker’s licence
10 Store licence
11 Limitation of privileges under licence
12 Licences subject to any law for specific regulation of profession, etc
13 Penalty for breach of Ordinance
14 Accused must prove licence
15 Powers of police and revenue officers
16 Assisting, etc., commission of offence
17 Disposal of fees, fines and penalties
18 Forms

SCHEDULE 1

SCHEDULE 2

Supporting Documents

ENDNOTES

Table of Legislation History
Table of Renumbered Provisions
Table of Endnote References

LICENCES ORDINANCE

15 of 1917, 4 of 1920, 6 of 1926, 1 of 1927, 7 of 1927, 3 of 1936, 1 of 1939, 8 of 1939, 4 of 1945, 1 of 1949 (Cap. 57 of 1952), 2 of 1952, 6 of 1957, 8 of 1957, 2 of 1960, 2 of 1961, 6 of 1964, 14 of 1964, 8 of 1968, 2 of 1969, 8 of 1971, 9 of 1971, 3 of 1972 (Cap. 56 of 1973), L.N. 16/74, 14 of 1974, L.N.42/75, 5 of 1982, Pt II

AN ORDINANCE RELATING TO LICENCES

ENACTED BY THE PARLIAMENT OF TUVALU

Commencement [31st December 1917]

1 Short title and application

This Ordinance may be cited as the Licences Ordinance and shall apply to all places where the local government council is either not empowered to make, or has not made, provision for the licensing of any of the professions, trades, callings or acts specified in Schedules 1 and 2.

Schedule 1

Schedule 2

2 Interpretation

In this Ordinance, unless the context otherwise requires —

"insurance company" does not mean or include life assurance company;

"trading" includes the doing of any act with a view to or for the purpose of gain or profit other than recruiting.

3 Licences, fees, exemptions and transfers

(1) Every person following or exercising any of the professions, trades or callings or doing any of the acts specified in Schedules 1 and 2, whether in conjunction with any other profession, trade or calling or act so specified or otherwise, shall take out a licence and pay a licence fee at the rate set forth in the area of authority of each local government council in which any such profession, trade or calling is carried on or where any such act is carried out.

Provided that the Minister may exempt from the payment in whole or in part of any fee or fees prescribed by this Ordinance any person or persons or class of persons, and similarly at any time may withdraw or revoke any or all such exemption or exemptions, and may authorise the refund in whole or in part to any person or persons or class of persons of the amount of any fee or fees paid under the provisions of this Ordinance, but in no case shall refund be allowed unless the application therefor shall have been made during the currency of the period covered by the licence in respect of which a refund is applied for.

(2) The Minister may, on cause being shown to his satisfaction, direct the transfer of any licence under Schedule 2 from anyone person to any other person on payment of a fee of $2:

Provided that such transfer shall not involve a change of place or building and shall be subject to any law or regulation that may at the time be in force for the specific regulation of the trade or calling on account of which a transfer is sought.

4 Issue of licences

The licences specified in the Schedules shall be issued by the licensing officer who shall be the executive officer for the area of authority of the local government council to which he is appointed.

5 Duration of licences

(1) Licences issued under this Ordinance shall be issued for half-yearly or yearly periods.

(2) A yearly licence shall expire on the 31st day of December of the year in which it is issued, and a half-yearly licence shall expire on the 30th day of June or 31st day of December whichever day follows next after the date of issue.

(3) The fee for a half-yearly licence shall be half the fee for a yearly licence plus 10 per centum of such half fee.

(4) A local government council may by resolution amend the fees specified in the Schedules but such amended fees shall only have effect in respect of licences issued for the area of authority of that local government council.

Provided that such amended fees shall only come into effect as and when the Minister by notice approves such resolution.

6 Licences personal

(1) Every license issued under this Ordinance in respect of any profession, trade, calling or act specified in Schedule 1, shall enable the person named in such licence to follow or exercise the said profession, trade or calling or to do said act in any part of Tuvalu to which this Ordinance applies.

Schedule 1

Licences to be in respect of slated premises, etc.

(2) Every licence issued under this Ordinance in respect of any profession, trade, calling or act specified in Schedule 2 shall state the premises or building in respect of which the said licence has been issued, and shall be valid only for the premises indicated therein, and no such licence shall allow the person or firm named therein to follow, exercise or do in or upon any premises or building, save those or that described as aforesaid, the profession, trade, calling or act specified in the licence.

Schedule 2

7 Auctioneer’s licence

(1) An auctioneer’s licence shall entitle the licensee to sell real and personal property by public auction and shall include a commission agent’s licence.

(2) Notwithstanding anything in this Ordinance contained an auctioneer may sell by public auction wines, spirits and beers or firearms, ammunition and explosives —

(a) when the auction is held by direction of the Minister or of the court;

(b) on the occasion of the sale of the personal effects of any person such wines, spirits, beers, firearms, ammunition or explosives being the private property of the owner of such personal effects:

Provided that in such last mentioned case the auctioneer shall first obtain from the Minister a written permit which shall specify particularly —

(i) the name of the owner of such wines, spirits, beers, firearms, ammunition or explosives;

(ii) the quantity and kind to be sold;

(iii) the premises on which the sale is to take place:

And provided further that before such permit is granted the auctioneer shall make a statutory declaration that to the best of his knowledge and belief such wines, spirits, beers, firearms, ammunition or explosives are the private property of the person whose personal effects are about to be sold.

8 Commission agent’s licence

A commission agent’s licence shall entitle the licensee to dispose of real or personal estate or of goods in bulk on commission only and otherwise than by public auction, and to act as forwarding or receiving agent on commission only, but shall not entitle the licensee to act as agent for any insurance company.

9 Hawker’s licence

A hawker’s licence shall entitle the licensee to sell in any quantity all goods or articles in respect of which specific licences are not issued, except that it shall not permit the licensee to sell goods in any store or building occupied either permanently or temporarily by the licensee but only in a boat or cart or from a basket, pack or container carried by the licensee, or carried by hand:

Provided that a hawker’s licence shall not be necessary under this Ordinance for the hawking by a native of native curios or articles of native food or produce made, grown or produced in Tuvalu:

And provided further that nothing herein contained shall entitle any person to hawk any birds whether alive or dead other than poultry.

10 Store licence

A store licence shall entitle the licensee to sell on premises specified in the licence goods in any quantity but shall not permit the hawking of such goods.

11 Limitation of privileges under licence

No licence issued under this Ordinance in respect of any profession, trade, calling or act shall entitle the holder to follow, exercise or do any other profession, trade, calling or act in respect of which the issue of specific licences is provided for under this Ordinance.

12 Licences subject to any law for specific regulation of profession, etc.

The provisions of this Ordinance shall be additional to the provisions of any other law which may be in force upon the coming into operation of this Ordinance, or may thereafter come into force, for the specific regulation or control of any profession, trade, calling or act in respect of which any licence is hereunder required to be taken out.

13 Penalty for breach of Ordinance

(1) Any person following or exercising any of the professions, trades or callings or doing any of the acts specified in the Schedules without a licence granted in respect of the following or exercising of such professions, trades or callings or the doing of any such acts in the area of authority of the local government council where such profession, trade or calling was followed or exercised or such act was done or otherwise committing a breach of the provisions of this Ordinance, shall on conviction forfeit a sum not exceeding twice the amount of the proper licence fee for one year, and in default of payment may be imprisoned for 3 months:

Provided that no conviction under this section shall be recorded against any person who, having held a licence which expired on the 30th day of June or the 31st day of December, shall have renewed such licence on or before the last day of the next immediately succeeding month.

(2) Upon any conviction the court may, in addition to any penalty or other punishment which it may inflict, order the convicted party to pay into court such a sum, not exceeding the proper licence fee for one year payable in respect of the profession, trade or calling on account of which the conviction was obtained, as it may think the public revenue should have received from the convicted party in respect of unpaid licence fees, and in default of payment of such sum within such time (if any) as may be specified in the order such convicted party shall be liable to be imprisoned for 3 months.

14 Accused must prove licence

In any prosecution under this Ordinance charging any person with following or exercising any profession, trade or calling, or doing any act without a licence, the charge shall be held to be proved if it is shown to the satisfaction of the court that the accused did actually follow or exercise the said profession, trade or calling or do the said act, unless he can produce his licence in court or can show to the satisfaction of the court that such licence was duly taken out.

15 Powers of police and revenue officers

(1) Any police officer or revenue officer may at all reasonable times —

(i) demand the production of any licence or certificate of registration for inspection;

(ii) make any inquiries that he thinks fit to ascertain whether any breach of the provisions of this Ordinance has been committed;

(iii) on the authority of a search warrant issued by a justice of the peace, enter into or upon any premises, building or vessel where or in connection with which he has reason to believe that any profession, trade or calling is being followed or exercised, or any act is being done, in respect of which a licence is required to be taken out, and search any such premises, building or vessel, and demand the production of an inspect, and take copies of or extracts from, any books or documents relating thereto.

(2) If any person obstructs or impedes any police officer or revenue officer in the execution of his duty or refuses to answer any question reasonably put to him by, or makes any false statement to, any police officer or revenue officer, or refuses or fails without lawful excuse to produce any book, document or licence which he is duly required to produce, he shall be liable to a penalty of $20.

16 Assisting, etc., commission of offence

If any person assists in, or procures the commission of, any offence against the provisions of this Ordinance, he shall be liable to be dealt with in the same manner as a principal offender.

17 Disposal of fees, fines and penalties

(1) All licence fees due and payable under this Ordinance within the area of authority of a local government council shall be paid to and form part of the revenues of that council.

(2) All fines and penalties collected or paid under this Ordinance shall be paid into the Consolidated Fund.

18 Forms

All licences, certificates, returns and other documents of Forms like nature to be issued or furnished under this Ordinance shall be in such form as the Minister may prescribe.

SCHEDULE 1

(Section 3)

SCHEDULE 2

(Section 3)

Provided however that the Minister, or any licensing officer, may, in the case of any store which he is satisfied is a branch of some other store duly licensed under the provisions of this paragraph, reduce the yearly fee payable in respect of such branch to $10.

ENDNOTES

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References