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Business Licensing Act

LAWS OF FIJI

CHAPTER 204

BUSINESS LICENSING

Act No. 3 of 1976

AN ACT TO REPEAL THE LICENCE ORDINANCE AND TO INSTITUTE A SYSTEM OF LICENSING OF BUSINESSES

[1st January, 1977.]

Short title

1. This Act may be cited as the Business Licensing Act.

Interpretation

2. In this Act, unless the context otherwise requires –

"business" means any form of trade, commerce, craftsmanship, calling or other activity carried on for the purpose of gain;

"licensing authority" means a licensing authority under the provisions of section 3;

"municipality" means a town constituted under the provisions of the Local Government Act, and, subject to the approval of the Minister, any district constituted under the provisions of that Act;

(Cap. 125)

"person" includes a partnership and any body of persons corporate or unincorporate and any branch of any partnership or any such body.

Licensing authorities

3.—(1) There shall be for the purposes of this Act the following licensing authorities:—

(a) in respect of a municipality, the council thereof;

(b) in respect of all other areas in Fiji, the Chief Accountant.

(2) Notwithstanding the provisions of subsection (1), the Minister may, by order, declare any area to be an additional licensing area and designate any person or authority to be the licensing authority for that area.

Designation of business

4. The Minister may, by notification in the Gazette, designate any business as being one in respect of which a licence is required by the provisions of this Act.

General provisions

5.—(1) No person shall engage in any business designated under the provisions of section 4 in Fiji without a licence issued by a licensing authority in respect of each place in which such business is carried on or, in the case of a hawker or other person carrying on business from or at no fixed address in Fiji, in respect of such businesses.

(2) Any person who acts in contravention of the provisions of subsection (1) shall be guilty of an offence.

Form and duration of licence

6. A licence issued under the provisions of this Act shall be in such form as may be decided by the licensing authority, and shall expire on the last day of December of the year in which it is issued. Every renewal thereafter shall be for a period of one year or for such shorter period as the Minister may, by notification in the Gazette, determine in any particular type or class of business.

Partnerships, companies, etc.

7.—(1) Subject to the provisions of subsection (2), every licence issued under the provisions of this Act in respect of any business which is carried on by a partnership shall be issued in the name under which such business is carried on.

(2) Every person who sells goods as a hawker and every person who carries on business from or at no fixed address shall be individually licensed irrespective of whether he is a member of, or employed by, a partnership or is an employee of a body corporate or unincorporate.

(3) The several members of a partnership or the manager, secretary or other principal officer of a body corporate or unincorporate shall be liable for any contravention by such partnership or body of any of the provisions of this Act unles he establishes to the satisfaction of the court –

(a) that he took all reasonable steps to prevent the commission of the offence; or

(b) that he had no knowledge of the commission of such offence and could not by the exercise of due diligence have obtained such knowledge.

Application for licences

8.—(1) Subject to the provisions of subsection (2), every application for the issue or renewal of a licence under the provisions of this Act shall be made to the licensing authority having jurisdiction under the provisions of section 3 in the place in which the applicant's business premises are or are to be situated.

(2) Every application for a licence under the provisions of this Act in respect of a hawker or any person who carries on business from or at no fixed address shall be made to the licensing authority or authorities having jurisdiction under the provisions of section 3 in the place or places in which such hawker or person intends to conduct his business.

(3) Any person who, without reasonable cause for believing it to be true, makes, or is privy to the making of, any false statement in any application made under the provisions of this section shall be guilty of an offence.

Registration of business name

9. Where application is made for the issue or renewal of a licence under the provisions of this Act by a person who is required to be registered under the provisions of the Registration of Business Names Act, the licensing authority shall refuse to issue or renew any such licence unless the applicant produces proof to the satisfaction of the licensing authority that he or his firm has been duly registered under the provisions of that Act.

(Cap. 249)

Licence registers

10.—(1) Every licensing authority shall keep a register of licences and shall enter therein the details of each issue, renewal and transfer.

(2) Any extract from a register of licences duly certified in writing by the licensing authority or by any officer authorised by it shall be prima facie evidence of the facts stated therein.

(3) The register of licences shall be available for inspection by any member of the public during such hours as the licensing offices shall be open.

Custody and production of licences

11.—(1) Where any licence specifies the premises on which any business shall be carried on, such licence shall be displayed and kept displayed in a prominent place on such premises and shall be made available at any hour at which such premises are normally open for business for inspection by any person authorized under the provisions of subsection (2) to demand its production.

(2) Every licensing authority or person authorized in writing in that behalf by any licensing authority, and every police officer is authorised to demand the production of any licence issued under the provisions of this Act.

(3) A licence holder or other person having custody of a licence who, without reasonable excuse, fails to produce such licence upon lawful demand being made to him in that behalf shall be guilty of an offence.

(4) Where a person is charged under the provisions of this Act with carrying on any business without a licence, the burden of proving that a licence was issued to him in respect of the current year shall be on that person.

Licences lost or destroyed

12. Where it is shown to the satisfaction of the licensing authority by which a licence was issued that such licence has been lost or destroyed, it shall, upon payment of the prescribed fee, issue a duplicate of such licence to the licence holder.

Transfer of licences

13.—(1) Save as hereinafter provided, no licence shall be lent, transferred or assigned to any person and any licence holder who lends, transfers or assigns, or purports to lend, transfer or assign, his licence to any other person and any person who borrows or makes use of a licence granted to another shall be guilty of an offence.

(2) The licensing authority shall, when requested so to do by a person mentioned in paragraphs (a) to (e), transfer, without payment of any fee, any licence, other than that of a hawker or person carrying on business at or from no settled address, to any of those persons in any of the following events:—

(a) in the case of the death of the licence holder, to the widow or widower or the personal representative of the deceased licence holder;

(b) in the case of the bankruptcy of the licence holder or assignment for the benefit of his creditors generally, to his lawfully appointed trustee or assignee;

(c) in the case of a company in liquidation, to the lawfully appointed liquidator thereof;

(d) in any case where the licence holder becomes subject to any legal disability, to any person lawfully appointed to administer his affairs;

(e) in the case of a sale or transfer of the business, to the buyer or transferee thereof.

Temporary transfer of business premises

14.—(1) A licence holder who wishes to transfer his business temporarily to premises other than those specified in his licence shall make application to the licensing authority for his licence to be endorsed accordingly.

(2) On receipt of such application, the licensing authority may endorse the licence permitting the business in such premises as it may specify and for such period as it may think fit.

Licensed premises to have sign

15. Every premises in which a business licensed under the provisions of this Act is carried on shall bear in legible Roman characters on or in a conspicuous part of the building the name of the licensee carrying on business thereon.

Revenue from licence fees

16.—(1)

(a) All fees collected by the council of a municipality under the provisions of this Act shall be paid into the municipal fund:

Provided that the council shall pay to the Chief Accountant for the maintenance of the Fiji Visitors Bureau an amount equal to five per cent of such fees.

(b) Subject to the provisions of the proviso to paragraph (a), all fees collected by the Chief Accountant under the provisions of this Act shall be paid into the Consolidated Fund.

(c) All fees collected by any licensing authority designated under subsection (2) of section 3 shall be paid into a fund to be administered by that authority.

(2) The Minister responsible for finance may, by order, direct that the fees collected under the provisions of this Act by the Chief Accountant, or any part thereof, be paid into the fund of any municipality or other licensing authority.

Regulations and by-laws

17.—(1) The Minister may make regulations –

(a) in respect of any business carried on outside a municipality, prescribing the fees to be charged under the provisions of this Act:

Provided that the Minister in regulations made by him under this paragraph may differentiate in respect of such fees between different types or classes of business;

(b) generally for carrying the provisions of this Act into effect.

(2) The council of a municipality, with the approval of the Minister may make by-laws prescribing fees to be charged under the provisions of this Act:

Provided that the council may differentiate in respect of such fees between different types or classes of business.

Penalties

18.—(1) Any person guilty of an offence against any of the provisions of this Act shall be liable on conviction to a fine not exceeding five hundred dollars, or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of subsection (1), the court may –

(a) order the convicted person to pay the fees which he is required to pay under the provisions of this Act;

(b) direct that any licence held by the convicted person shall be cancelled.

Controlled by Ministry of Urban Development, Housing and Social Welfare

___________________________

Subsidiary legislation (1978 Ed)

CHAPTER 204

BUSINESS LICENSING ACT

Notification 17th Aug., 1976, 8th Oct., 1976, 4th
Nov., 1976, 30th March, 1977.

SECTION 4—DESIGNATION OF BUSINESSES REQUIRING LICENCE

Made by the Minister

The following businesses have been designated as businesses in respect of which a licence is required under the Act:—

Abattoir;

Accountant, including Auditor;

Agency, Bank;

Agency, Employment;

Agent, Advertising;

Agent, Betting;

Agent, Commission;

Agent, Customs;

Agent, Insurance Registered;

Agent, Shipping Company;

Agent, Tax;

Agent, Totalisator;

Agent, Travel;

Aquarium;

Architect;

Auctioneer;

Baker;

Bank, Trading and Savings;

Bar, Milk and Dairy;

Barber, including Hairdresser;

Barrister and Solicitor;

Blacksmith, including Tinsmith;

Bookshop;

Broker, including insurance, share and stock, but excluding pawnshop;

Builder and/or Repairer, Motor body;

Butcher;

Chemist, Drug Store, Pharmacy;

Cleaner/Polisher (Floor);

Club, Night, without Liquor Licence;

Collector, Bottle;

Commercial Artist, Designer, Sign Writer;

Company, Insurance;

Company, Oil;

Consultant, Building;

Consultant, Engineering;

Consultant, Public Relations;

Contractor, Building, including Painting;

Contractor, Grass Cutting including Lawn mowing;

Contractor, Painting (solely) Varnishing;

Contractor, Road Building and Earthmoving;

Crusher, Stone and Metal Supplier;

Dance Band;

Dance Hall;

Data Processing;

Dealer, Bicycle Hire;

Dealer, Motor Vehicle, Accessories and Spare Parts;

Dealer, Real Estate;

Dealer/Repairer, Office Equipment;

Dealer, Stamp;

Distillery and Brewery;

Diver;

Draftsman;

Engineer, Airconditioning;

Engineer, Civil;

Engineer, Electrical;

Engineer, Marine;

Engineer, Mechanical;

Engraver;

Entertainer, Professional not defined elsewhere;

Factory, Biscuit;

Factory, Curio and Souvenir;

Factory, Upholstery;

Florist;

Funeral Director;

Gallery, Art;

Geologist;

Guide/Porter, Tour;

Haulier, General;

Hawker;

Installator of Lift and Servicing;

Jeweller;

Laundry;

Locksmith;

Maker/Repairer, Shoe;

Maker, Rubber and/or Metal Stamp;

Maker, Sail;

Manufacturer, Aerated Water including Cordial;

Manufacturer, Cement;

Manufacturer, Chemical;

Manufacturer, Confectionery;

Manufacturer, Footwear;

Manufacturer, Garment;

Manufacturer, Glass;

Manufacturer, Ice and Ice Cream;

Manufacturer, Iron, Tin and other metal products including electroplating;

Manufacturer, Matches;

Manufacturer, Paint and Varnish;

Manufacturer, Plastic products;

Manufacturer, Travelling goods;

Manufacturer not otherwise defined;

Merchant, Scrap Metal;

Merchant, Timber;

Mill, Coconut Meal;

Mill, Coconut Oil;

Mill, Flour;

Mill, Steel;

Mill, Sugar;

Mill not otherwise defined;

Miller, Rice;

Miller, Timber;

Moneylender;

Nursery, Plant;

Operator, Airline;

Operator, Automotive Wreck;

Operator, Boat Cruise;

Operator, Marine Salvage;

Operator/Proprietor, Bus and Taxi;

Operator, Tour;

Operator, Tug and Barge;

Optician and Optometrist;

Packer;

Pest Control;

Polisher, Shoe;

Pounder, Kava and other goods;

Practitioner, Medical and Dental;

Printer and Publisher;

Processing, Food and Distribution;

Processing, Milk and Distribution;

Repairer, Radio and T.V.;

Repairer, Watch;

Representative, Manufacturers;

Restaurant without Liquor Licence;

Saloon, Kava;

School, Driving;

Service, Cable and Wireless Communications;

Service, Motor Hire;

Service/Repair, refrigeration;

Service, Water Transport;

Shop, Boat Building;

Shop, Cabinet, Joinery or Furniture;

Shop, Electrical and Contractor;

Shop, Engineering;

Shop, Greengrocer;

Shop, Motor Mechanic;

Shop, Pawn;

Shop, Plumber;

Shop, Retail;

Shop, Retreading and Recapping of Tyres;

Shop, Tailor and Drapery;

Shop, Upholstery (Solely);

Shop, Wholesale and Retail;

Shop not otherwise defined;

Station, Service and Bowser;

Studio, Photographic;

Supplier, Gas;

Surgeon, Veterinary;

Surveyor, Land;

Surveyor, Quantity;

System, Sound Public Address;

Table, Billiard and Pool including other games of amusement;

Theatre, Cinematograph;

Totalisator;

Valuer, Land and Building.

_________________

Subsidiary legislation (1978 Ed)

SECTION 17—BUSINESS LICENCE (FEES) REGULATIONS

Regulations 21st Dec., 1976

Made by the Minister

Short title

1. These Regulations may be cited as the Business Licence (Fees) Regulations.

Business licence fees

2. Every person who in any area of Fiji, other than within the boundaries of a municipality, engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based in the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE

____________________

Subsidiary legislation (1978 Ed)

BUSINESS LICENSING ACT

SUVA (BUSINESS LICENCE FEES) BY-LAWS

By-laws 10th Nov., 1976

Made by the Suva City Council and approved by the Minister

Short title

1. These By-Laws may be cited as the Suva (Business Licence Fees) By-Laws.

Business licence fees

2. Every person who within the boundaries of the city of Suva engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based on the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE

_______________________

Subsidiary legislation (1978 Ed)

SECTION 17—LAUTOKA (BUSINESS LICENCE FEES) BY-LAWS

By-Laws 1st Nov. 1976

Made by the Lautoka Town Council and approved by the Minister

Short title

1. These By-Laws may be cited as the Lautoka (Business Licence Fees) By-Laws.

Business licence fees

2. Every person who within the boundaries of the city of Lautoka engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based on the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE

___________________

Subsidiary legislation (1978 Ed)

SECTION 17—NAUSORI (BUSINESS LICENCE FEES) BY-LAWS

By-Laws 10th Dec. 1976

Made by the Nausori Town Council and approved by the Minister

Short title

1. These By-Laws may be cited as the Nausori (Business Licence Fees) By-Laws.

Business licence fees

2. Every person who within the boundaries of the town of Nausori engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based on the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE

______________________________

Subsidiary legislation (1978 Ed)

SECTION 17—SIGATOKA (BUSINESS LICENCE FEES) BY-LAWS

By-Laws 9th Dec., 1976

Made by the Sigatoka Town Council and approved by the Minister

Short title

1. These By-Laws may be cited as the Sigatoka (Business Licence Fees) By-Laws.

Business licence fees

2. Every person who within the boundaries of the town of Sigatoka engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based on the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE

__________________

Subsidiary legislation (1978 Ed)

SECTION 17—BA (BUSINESS LICENCE FEES) BY-LAWS

By-Laws 9th Dec., 1976

Made by the Ba Town Council and approved by the Minister

Short title

1. These By-Laws may be cited as the Ba (Business Licence Fees) By-Laws.

Business licence fees

2. Every person who within the boundaries of the town of Ba engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based on the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE

______________________

Subsidiary legislation (1978 Ed)

SECTION 17—NADI (BUSINESS LICENCE FEES) BY-LAWS

By-Laws 27th Oct., 1976

Made by the Nadi Town Council and approved by the Minister

Short title

1. These By-Laws may be cited as the Nadi (Business Licence Fees) By-Laws.

Business licence fees

2. Every person who within the boundaries of the town of Nadi engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based on the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE

_____________________________

Subsidiary legislation (1978 Ed)

SECTION 17 – LABASA (BUSINESS LICENCE FEES) BY-LAWS

By-Laws 9th Dec., 1976

Made by the Labasa Town Council and approved by the Minister

Short title

1. These By-Laws may be cited as the Labasa (Business Licence Fees) By-Laws.

Business licence fees

2. Every person who within the boundaries of the town of Labasa engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based on the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE

____________________________

Subsidiary legislation (1978 Ed)

SECTION 17 – SAVUSAVU (BUSINESS LICENCE FEES) BY-LAWS

By-Laws 10th Dec., 1976

Made by the Savusavu Town Council and approved by the Minister

Short title

1. These By-Laws may be cited as the Savusavu (Business Licence Fees) By-Laws.

Business licence fees

2. Every person who within the boundaries of the town of Savusavu engages in any of the businesses set out in the Schedule, whether jointly with any other business or otherwise, shall take out a business licence and pay a business licence fee at the rate per year set out in such Schedule:

Provided that in the case of the first issue of a business licence on or after the first day of February in any year the licence fee payable shall be a proportionate part of the annual fee based on the number of months, including the month of issue, remaining between the date of issue and the thirty-first day of December in such year.

SCHEDULE