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A street hawker is an individual who is licensed to carry out any commercial activity from any street, other than an open-air market, irrespective of the means by which such activity is carried out.
It shall not be lawful for any person to carry out a commercial activity from any street without a licence, except in any of the following cases:
- when a person or a group of not more than six persons, in any street, play any musical instrument or otherwise display their artistic talent and collect money in the form of voluntary donations from passers-by who stop to watch the performance;
- when a person, in any street, produces and sells a work of art.
To obtain a licence to act as a street 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 licence issued to the street hawker will be in the name of an individual and will not be transferable, nor can the commercial activity be carried on by any other person other than the licensee.
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.
A licence issued to a street hawker will include a photograph of the licensee, and if applicable the details of the person nominated as substitute.
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.
Substitute hawker
A street hawker 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 wife or husband; or
- the son or daughter; or
- in the case of a single person, the mother, father, brother or sister;
of the hawker.
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.
Conditions for street-hawking
A street hawker may carry out his commercial activity from any place in any street either by hawking or by parking, subject to the following conditions:
- that no nuisance or inconvenience is caused to the neighbours or passers by in the street;
- that he will park his vehicle, if any, within a permitted parking space and no inconvenience is caused to the flow of traffic;
- that the place where he parks his vehicle is not within a walking distance of 50 metres from the entrance of any commercial premises, including a fixed kiosk;
- that no objects are placed on the pavement or any other part of the street;
- that street hawkers shall park their vehicles, at least at a walking distance of 75 metres away from each other;
- only street hawking of bread, milk, flowers, kerosene and gas cylinders shall be carried out in Valletta, and the Grand Harbour area and no hawking shall be carried out at any time in the City Gate area of Valletta including the bridge;
- no hawking shall be carried out in the precincts of the Malta International Airport.
Payment of licence fees
The following fees shall be payable to the Trade Licensing Unit for any person to exercise any of the following commercial activities, upon issue of the licence and on January 1 of each year following the year in which the licence was issued:
Activity Fee per annum
To act as a street hawker using a motor vehicle or any other means of transport Lm40
To act as a street hawker on foot or using an animal drawn vehicle Lm10
To act as street hawkers selling bread and other fresh foodstuffs excluding fruit and vegetables using any means of transport Lm10
To act as street hawkers selling fruit, vegetables or fish using any means of transport Lm20
To act as a street hawker selling traditional Maltese nougat (qubbajt) Lm30
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.
Cessation of commercial activity
Where a street hawker decides to cease carrying out his commercial activity, he should immediately notify the Trade Licensing Unit on the appropriate form, attaching to it the relevant licence.
March 2002
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