CHAPTER
377
SHOP LICENCES |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Issue of licences and conditions thereof. |
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Report from the Buildings Control Officer as to
the proposed licensed premises. |
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Power to grant an occasional licence. |
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Conditions governing licences. |
Licences to be affixed to premises. |
Travelling salesman to produce licence. |
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CHAPTER 377 |
SHOP LICENCES |
An Act to
provide for the licensing of shops. | 8 of 1933
G.N. 7(32)/1964
43 of 1964
50 of 1964
E.L.A.O., 1974
5 of 1987
38 of 1992 |
[Assent 25th May,
1933]
[Commencement 11th July, 1934] |
1. This Act may be cited as the Shop Licences Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"keep"
means to operate, manage or control or cause to be operated, managed or
controlled; |
"licensing
authority" means the persons constituted as the licensing authority under
the
Liquor Licences Act; |
"Minister"
means the Minister responsible for Licensing of Shops and Businesses; |
"shop"
includes any restaurant, bakery, fruit stand or place of business in which any
goods or articles of merchandise are sold or kept, offered or exposed for sale,
either by wholesale or by retail; |
"travelling
salesman" means a non-resident individual who solicits or receives orders
for anything capable of being sold, bartered, traded in or exchanged for
account of any person, firm or corporate body outside The Bahamas. |
3. (1) No person shall keep any shop or act as a
travelling salesman without first obtaining a licence under this Act, and
for this licence a fee of one dollar shall be paid. | Licence to keep shop. |
(2) Subsection (1)
of this section shall not apply- |
(a) to any shop
in which any goods or articles of merchandise are sold by virtue of any legal
process or any law authorising the sale; |
(b) to any shop
or premises licensed under the Liquor Licences Act or any other Act; |
(c) to any shop
in which any goods or articles of merchandise are sold at public auction by a
licensed auctioneer; |
(d) to any shop
in which the value of the goods or articles of merchandise kept, exposed or
offered for sale does not at any time exceed the sum of twenty dollars. |
(3) Whether a
person is or is not keeping a shop shall be question of fact to be decided in
any proceedings instituted in respect of the contravention of this section
against any such person. |
4. It shall be lawful for the licensing authority at
any sitting held by them under the Liquor Licences Act, or at any adjournment
thereof, or at any special sitting convened after such length of notice as the
licensing authority may determine, to grant a licence to any person authorising
him to keep a shop or act as a travelling salesman within The Bahamas: | Issue of licences and conditions thereof. |
Provided that the
licensing authority may- |
(a) refuse to
grant any licence with or without assigning any reason therefor; |
(b) limit the
duration of any licence issued under the authority of this Act for such period
as they may think fit; |
(c) revoke any
licence issued under the authority of this Act should they deem it expedient in
the public interest so to do; |
(d) grant a
licence upon such terms and conditions and subject to such restrictions as they
may determine. |
5. Every person intending to keep a shop shall apply to
the licensing authority for a licence therefor, specifying in such application
the premises where such shop is situated and the nature and kind of goods or
articles or merchandise which he proposes to sell. | Application for licence. |
6. (1) Before granting any licence in
New Providence the licensing authority shall obtain a report in writing from
the
Buildings Control Officer appointed under the Buildings Regulation Act as to
the suitability, structure and other particulars of the building for which the
licence is applied, and a notice of any application for a licence shall be
given in the Gazette by the Licensing authority before the granting of
the said licence.(2) Before
granting any licence in a Family Island the licensing authority shall be
satisfied as to the suitability, structure and other particulars of the
building for which the licence is applied, and a notice of any application for
a licence shall be given by the licensing authority before the granting of the
said licence by affixing the said notice on or in a conspicuous place near the
commissioner's office and by publishing the same in the Gazette. | Report from the Buildings Control Officer as to the
proposed licensed premises. |
7. (1) Any person shall be at liberty to oppose the
grant of a licence: | Opposition to grant. |
Provided that- |
(a) he has
given written notice to the licensing authority and to the applicant of his
intention to oppose the grant and has stated in such notice in general terms
the grounds of opposition; |
(b) such notice
has been given to the licensing authority and to the applicant not less than
five days before the day fixed for the holding of the licensing session or
before the day fixed for the hearing of the application. |
(2) The licensing
authority may, notwithstanding that no notice of opposition shall have been
given, adjourn the hearing of the application to a future day and require the
attendance of the applicant and any person concerned on such day when the
matter will be heard and the objection considered as if the notice hereinbefore
prescribed had been given decision of the licensing authority shall have a
right of appeal to the Minister. The Minister may vary or reverse such
decision: | Hearing may be adjourned. |
Provided
that an applicant for grant of a licence shall not be required to attend the
hearing of the application unless notice of objection to the application was
given or the applicant has been informed that there is some other lawful
objection to the grant of the licence. |
(3) Any applicant
for or any person objecting to the granting of a licence, or any person whose
licence shall have been revoked, who shall be dissatisfied with the
decision of the licensing authority shall have a right of appeal to the
Minister. The Minister may vary or reverse such decision. The decision of the
Minister shall be final. | Appeal. |
8. The chairman of a licensing
authority may, if he thinks fit, grant to any person applying for the same an
occasional licence to keep a shop or act as a travelling salesman for any
period not exceeding fourteen days which he shall specify in such licence. Such
licence may be granted without any notice being given and without any fee
therefor and upon such terms and conditions and subject to such restrictions as
he may determine. | Power to grant an occasional licence. |
9. (1) When the licensing authority in New Providence
have decided to grant any licence, under this Act, the licensing authority
shall give to the applicant an order for the issue thereof and the applicant
shall without delay attend at the Treasury, present such order and pay to the
Treasurer the sum payable therefor under the provisions of this Act and
thereupon the Treasurer shall issue to the applicant the proper licence. | Issue of licences. |
(2)
When the licensing authority in a Family Island district has decided to grant
any licence under this Act, the licensing authority shall give to the applicant
an order for the issue thereof, and the applicant shall without delay attend at
the Commissioner's office, present such order and pay to the Commissioner the
sum payable therefor under the provisions of this Act, and thereupon the
licensing authority shall issue to the applicant the proper licence. |
(3) A register
shall be kept by the licensing authority of every licence granted by them under
this Act, in which shall be fully set forth all the terms and conditions of the
said licence, and such register shall be open to the inspection of the Commissioner
of Police or any peace officer authorised by him in writing to inspect the
same. |
10. The following conditions shall be observed with
respect to the granting of licences- | Conditions governing licences. |
(a) every
licence, other than those issued to travelling salesmen, shall be granted in
respect of certain premises named and described in the licence; |
(b) a licence
shall not be transferable: Provided that the licensing authority may, upon the
decease of a holder of a licence, transfer it to the father, mother, husband,
wife or child of such deceased holder; |
(c) no licence
shall be granted to a lunatic, idiot or feeble minded person, or to any person
suffering from any loathsome, contagious or infectious disease; |
(d) no licence
shall be granted unless and until the licensing authority are satisfied that- |
(i) the
applicant is a fit and proper person to be licensed; |
(ii) the
premises in which the applicant, other than a travelling salesman, proposes to
carry on his business are suitable for the conduct of such business; |
(iii) no
reasonable objections exist to the applicant being licensed or to the grant of
the licence applied for. |
11. Every person holding a licence to carry on
business under the authority of this Act, shall cause such licence to be posted
and kept posted in a conspicuous place on the premises where he may be carrying
on business, and any such licence holder who fails to comply with this
requirement shall be guilty of an offence against this Act. | Licences to be affixed to premises. |
12. Every travelling salesman holding a licence issued
under the authority of this Act shall produce his licence on demand to the
Commissioner of Police or to any person with whom he may be doing or intending
to do any business and if he shall fail to do so or shall refuse to produce the
same he shall be guilty of an offence against this Act. | Travelling salesman to produce licence. |
13. Subject to the provisions of this Act and to the
approval of the Minister it shall be lawful for the licensing authority to make
rules in respect of all or any of the following matters- | Rules. |
(a) for
prescribing the form of licences, notices and other documents to be issued
under this Act; |
(b) for
regulating the procedure to be adopted in any proceedings before the licensing
authority; |
(c) generally
for carrying into effect the provisions and objects of this Act. |
14. Any person who shall keep a shop or act as a
travelling salesman without a licence, or after his licence shall have been
revoked, or who acts in contravention or disregard of any of the terms or
conditions on or subject to which his licence was granted, shall be guilty of
an offence against this Act. | Penalties. |
15. Any person aiding or abetting in the evasion or
attempted evasion of any of the provisions of this Act shall be guilty of an offence
against this Act. | Persons evading Act. |
16. Any person guilty of an offence under this Act
shall be liable to a fine of one hundred dollars or to imprisonment for three
months. | Punishment. |
17. All penalties imposed by this Act shall be
recoverable in a summary manner and all proceedings for offences under this Act
may be prosecuted in the name of the Commissioner of Police. | Recovery of penalties. |
18. In all proceedings taken against any person for
keeping a shop contrary to this Act, the onus of proving that he is licensed to
keep a shop shall lie on the defendant. | Onus of proof. |