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Commerce DivisionTrade Services Directorate - Trading Licences
A market hawker is an individual who is licensed to carry out any commercial activity from any allocated site within an open-air market. To obtain a licence to act as a market hawker, an individual should make an application on the appropriate form to the Trade Licensing Unit. Attached to the application should be two passport photos of the applicant and two passport photos of the proposed substitute. The Trade Licensing Unit may within 10 days from when the application is filed require in writing the production of further documentation or information. Issue of licence The Trade Licensing Unit shall within 8 weeks from the filing of the application, notify the applicant of its decision. In the case where the applicant does not provide the additional information requested within one week, the period of 8 weeks is extended by the time over one week lapsed between the request and the submission of such information. If the licence is not granted, the Trade Licensing Unit shall give detailed reasons for such refusal in the notice. Authorisation from the Local Councils Following the issue of the licence from the Trade Licensing Unit, the market hawker is required to get authorisation from each Local Council where the open-air market from where he would like to operate is located. A market hawker can operate from a maximum of seven different open-air markets (one per day of the week). The Local Council will stamp the allocated space on the licence for the particular day of the week when the hawker will carry out the commercial activity from the open-air market in that locality and also issue a fixed site number. The licence for a market hawker would therefore include:
Appeals from decisions of the Trade Licensing Unit Where an applicant feels aggrieved by the decision of the Trade Licensing Unit to refuse the grant of a licence, he may file an appeal against such decision. Payment of licence fees The following fees shall be payable to the Trade Licensing Unit upon issue of the licence and on January 1 of each year following the year in which the licence was issued:
Transfer of license A licence to operate as a market hawker is issued in the name of an individual and shall not, be transferable, nor, can the commercial activity be carried on by any person other than the licensee. This does not apply in relation to a market hawker operating at the open-air market in Merchant Street, Valletta, and it-Tokk Victoria, Gozo, in which case the licence may be transferred subject to a payment of a fee of Lm1000. If the transfer is made in favour of a husband or wife, or any person in the direct descending line, no fee is payable. Business hours Commercial activities in open-air markets may be carried out by market hawkers on the day or days and during the business hours established for such markets as follows:
In the case of the open-air market in Merchants Street, Valletta, the following conditions shall apply:-
It shall be lawful for the Police to stop the activities of market hawkers in special events and occasions. Substitute hawker A market hawker, or any individual applying to carry out such activity, may make an application to the Trade Licensing Unit, to nominate one other individual to act as his substitute when he is temporarily incapable of carrying out such activity as long as the nominated person is:
The substitute may not act in the absence of the licensee for a period of more than one month in the aggregate within the licence period of one year. Change in the nature of the commercial activity Licensees are required to inform the Trade Licensing Unit on the appropriate form of any change or addition to their commercial activity within seven days of the change or addition.
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