Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641451504.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Trade Licences (CAP.

434 1 CHAPTER 434 THE TRADE LICENCES ACT Arrangement of Sections Section 1.

Short title.

2.

Interpretation.

3.

Trade Licences.

4.

Name of owner to be exhibited.

5.

Trade licence to apply to one establishment.

6.

Production of trade licence.

7.

Travelling Agent's licences.

8.

Pedlar's licences.

9.

Production of travelling agents and pedlars licences.

10.

Application for licence.

11.

Fees for licences.

12.

Form of licence.

13.


Duration of licence.

14.

Transfer of licence and issue of duplicate.

15.

Obstruction, etc.

16.

Penalty.

17.

Penalty for permitting premises to be used for offences against the Misuse of Drugs Act.

18.

Penalty for false declaration or deceit of Commissioner.

19.

Sale of intoxicating liquor not authorised by licence.

20.

Power to refuse and revoke a licence and licences to non-residen ts.

SCHEDULE A.

SCHEDULE B.


SCHEDULE C. SCHEDULE D. LAWS OF ANTIGUA AND BARBUDA ?

?

~ ~ d e Ikences (CAP.

434 3 TRADE LICENCES ( 1 s t January, 1939.)

16/1938.

2/1942.

7/1949.

8/1966.

23/1968.

4/1969.

1.

This Act may be cited as the Trade Licences Act.

Short 2.

111 this Act- Interpretation.

"City of Saint John's" means the area delineated and described in the First Schedule to the Property Tax Cap- 348.
Act and two miles in every direction of that area; "Commissioner" means the officer for the time being performing the duties of Commissioner of Inland Revenue and includes any officer duly authorised to act on his behalf; "commission agent" means any person who is a bona fide resident in Antigua and Barbuda and who takes, solicits o r receives orders for anything capa- ble of being sold, bartered, in o r exchanged, for and on his own behalf or on behalf of an individual, firm or body corporate, and includes such a person when canvassing for o r soliciting insurance business; traded "pedlar" means a person who carries o r exposes for sale ally goods, not being the growth, produce or man- ufacture of Antigua and Barbuda, otherwise than in a building, and includes any person who offers for sale o r sells any such goods from the Queens Warehouse without having a trade licence under this Act; 4 CAP.
434) Trade Licences LAWS OF ANTIGUA AND BARBUDA Trade Licences.

Name of owner to be exhibited.

"travelling agent" means a person born outside Antigua and Barbuda or who is not a bonafide resi- dent in Antigua and Barbuda who takes, solicits or receives orders for anything capable of being sold, bartered, traded in or exchanged, for and on his own behalf or on behalf of any individual, firm or company, and includes such a person when can- vassing for or soliciting insurance business.

3.
(1) No person, whether as owner or manager or otherwise shall carry on business as a merchant, store-keeper, shopkeeper or commission agent without first having obtained a trade licence from the Commissioner; and any person carrying on such business without having first obtained such licence shall be guilty of an offence against this Act: Provided that no such licence shall be required for the business of selling livestock or produce of, or thing made or manufactured in, Antigua and Barbuda, or intoxicating liquor.
(2) The Governor-General may from time to time by Order declare that the provisions of this section shall apply to a person who conducts any business or class of business specified in the order.

4.

(1) Every owner or manager of a business licensed or required to be licensed under this Act shall cause to be paiited or fixed, and shall keep painted or fixed in a conspicuous place on the outside of the building or premises where such business is carried on, the name of the firm or owner of such business.
(2) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence against this Act.

Trade licence to apply to one estab- lishment.

Production of trade licence.

5.

A trade licence shall apply to one mercantile estab- lishment, store or shop and no more.

6.

The Commissioner or any police officer may enter any mercantile establishment, store, shop, office or premis- es where any business required to be licensed under this Act LAWS OF ANTIGUA AND BARBUDA 7i-adr!
I,icences (CAP.

434 5 is carried on and demand the production of the licence for inspection; and any merchant, store-keeper, or shop-keeper, or any person in charge of such mercantile establishment, store, shop, office or premises where any business required to be licensed under this Act is carried on refusing, failing or neglecting without lawful excuse to produce such licence shall be guilty of an offence against this Act.

7.
7.

( 1 ) Any person who carries 011 the business of a Travellingagent's travelling agent without having first obtained a licence in Iicences.

that behalf from the Commissioner shall be guilty o f an offence against this Act.

(2) A travelling agent's licence may be taken out in the name of either the travelling agent or the individual, firm, or company for and on behalf of whom the travelling agent is acting.

8.

Any person who carries on the business of a pedlar Pedlar's licences.
without having first obtained a licence in that behalf from the Commissioner shall be guilty of an offence against this Act.

9.

The Commissioner or any police officer may Production of demand the production of a travelling agent's o r pedlar's ~ , " ~ ~ ~ ~ 8 , ~ ~ t ' s licence for inspection; and ally person carrying on the busi- licences.
rless of a travelling agent or pedlar refusing, failing o r neglecting without lawful excuse to produce such licence for inspection when called upon so to d o shall be guilty of an offence against this Act.

10.

An application for a licence under this Act shall A~~ lication for licence.
be in writing in the prescribed form, and an applicant for a Schedulek trade or pedlar's licence shall at the time of his application make the prescribed declaration; and it shall be lawful for the Commissioner at the time of such application to ques- tion any applicant in regard to any particulars in respect of which such declaration is required to be made.

1 .

(1) O n the issue of a licence under this Act, the Fees forlicences.

applicant shall pay to the Commissioner the prescribed fee.

Schedule B.
Schedule B.

LAWS OF ANTIGUA AND BARBUDA CAP.

434) Trade Licences (2) In respect of a licence issued after the 31st day of March in any year, there shall be paid a sum bearing to the prescribed fee the same proportion as the unexpired por- tion of :he year bears to the whole year, and for the purpose of computing such proportion every portion of a quarter of the year shall be counted as a quarter.

12.

A licence issued under this Act shall be in the prescribed form.

13.
13.

A licence issued under this Act shall, subject to section 17, remain in force until the 31st day of December in the year in which it is issued.

14.

The Commissioner may transfer any trade or ped- lar's licence granted under this Act to the appointee of the licensee, or in the event of death of the licensee to his per- sonal representative, or to the appointee of such personal representative, and such transfer shall be made by endorse- ment on the original licence in the prescribed form.
Form of licence.

Schedule C. Duration of licence.

Transfer of licence and issue of duplicate.

Schedule D. Obstruction, &c. 15.

Any person who resists, opposes, molests, hinders or obstructs the Commissioner or any police officer in the performance of any duty authorized by this Act shall be guilty of an offence against this Act.

Penalty.

Cap.

255.

16.
Any person who commits an offence against this Act shall where no special penalty is provided be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment with or without hard labour for a term not exceeding six months and in addition thereto may be ordered to pay any fee for which he is liable under this Act; and the payment of such fee, shall be enforced in the manner provided by the Magistrate's Code of Procedure Act for the enforcing of the payment of a fine or order made on complaint.
Penalty for per- mitting premises to be used for offences against the Misuse of Drugs Act.

Cap.

283.

17.

(1) Any person holding a trade licence under this Act who permits the premises the subject of such licence to be used for the commission of any offence under the Misuse of Drugs Act, shall himself be guilty of an offence and liable on summary conviction to a fine of three thousand dollars and to imprisonment for twelve months LAWS OF ANTIGUA AND BARBUDA Trade Licences (CAP.
434 7 and notwithstanding any other provisions of this Act in addi- tion thereto the court before whom the case is heard may order that such person be disqualified from holding any trade licence for such period not exceeding five years as the court may determine.
(2) For the purposes of this section if the holder of the trade licence is a body corporate then if any director, secre- tary or officer of the body corporate or any manager or per- son in charge of the premises in respect of which the trade licence is held permits the commission of any offence under the Misuse of Drugs Act, on such premises then both such person and the body corporate shall be deemed guilty of an offence under subsection (1) and liable to the penalties specified thereunder.

18.
18.

Any person who makes any declaration required Penaltyfor false to be made by this Act knowing the same to be false in any ::::ypor material particular or makes any attempt to deceive the Commissioner.
Commissioner in regard to such declaration shall be liable- (a) on summary conviction to imprisonment with or without hard labour for a term not exceeding six months, or to a fine not exceeding five thousand dollars; (b) on conviction on indictment to imprisonment with or without hard labour for a term not exceeding one year, and in the case of a second or subsequent offence to imprisonment with or without hard labour for a term not exceeding two years, or to a fine not exceeding ten thousand dollars or to both such impris- onment and fine.
19.

No licence issued under this Act shall authorize i%;?zt:'- the sale of intoxicaling liquor or any other matter for the authorizedby sale of which a licence is required by any other Act for the licence.

time being in force in Antigua and Barbuda.

to the provisions of (1) Notwithstanding the provisions of this Act, ~ ; 20. and subject Commissioner may without assigning a reason, refuse to non-residen".
grant a licence under this Act and he may at any time revoke a licence granted under this Act either before or after the sixth day of July, 1966 to a non-resident.

this section, the licence to ; ~ ~ ~ ; ~ ~ ~ e 8 CAP.

434) Trade Licences LAWS OF ANTIGUA AND BARBUDA Licences to non- residents.

(2) If a licence is revoked under this section, a propor- tionate part of the licence fee paid shall be refunded.

(3).
(3).

A refusal or a revocation in accordance with sub- section (1) shall be subject to appeal to the Governor- General.

(4) Notwithstanding anything contained in subsec- tions ( I ) , (2) and (3), the Commissioner shall not grant a licence under this Act to a non-resident without the approval of the Governor-General and he shall revoke a licence to a non-resident if the Governor-General so directs in writing.
(5) In this section- "non-resident" means- (a) in relation to an individual, a person other than- (i) a person born in Antigua and Barbuda; or (ii) a person born outside Antigua and Barbuda but who has resided in Antigua and Barbuda for the swace of five consecutive years imme- diately preceding the application for a licence under this Act or has been carrying on busi- ness in Antigua and Barbuda for the swace of one month immediately preceding the sixth day of July, 1966; - c7 (b) in relation to a firm, a firm other than a firm which has carried on business in Antigua and Barbuda for the space of five consecutive years immediately pre- ceding the sixth day of July, 1966, of which more than twenty per centum of the capital employed therein is owned by a non-resident individual or individuals.
LAWS OF ANTIGUA AND BARBUDA Trade Licences (CAP.

434 9 SCHEDULE A (Section 10.)

FORM OF APPLICATION FOR LICENCE To the Commissioner of Inland Revenue:- 1, make application for a of myself of hereby licence on behalf PARTICULARS 1.

State with particularity the nature of the business carried on.

2.

State where the business is carried on, and if at more than one premises, where each such premises is situate.

3.

State any agencies held.


I hereby certify that the foregoing particulars are true and correct.

Dated the day of , 19 (Signed) 10 CAP.

434) Trade Licences LAWS OF ANTIGUA AND BARBUDA SCHEDULE B (Section 1 1 .)

Within the City of St. John's Citiz'ensl Non-Citizens Outside the City of St. John's Citizens1 Non-Citizens 1.

For a trade licence in respect of- (a) a wholesale business and distributorship $1000 $2000 (b) a retail business $60 $120 2.
For a trade licence in respect of- (a) a single agency (representing one firm, company or individual); a n d $250 $500 (b) for each additional snch agency $60 $120 3.

For travelling agent's licence 4.

For a non-resident Pedlar's licence- (a) if' resident in any of the East Caribbean Common Market States (h) If resident in any other State LAWS OF ANTIGUA AND BARBUDA Trade Licences (CAP.

434 11 SCHEDULE C (Section 12.)

TRADE LICENCE Antigua and Barbuda.

No.


respect of at 19 , and the between the day of is hereby granted a trade licence in carried on at premises situate , day of , 19 .

Commissioner of Inland Revenue.

TRAVELLING AGENT'S LICENCE Antigua and Barbuda.

No.

is hereby licensed to carry on the business of a travelling agent between day the of , and the day of , 19 , 1 9 of .

Dated the day of , 19 .

Commissioner of Inland Revenue.

PEDLAR'S LICENCE Antigua and Barbuda.

No.


licensed the of to carry on day of , 1 9 .

of is hereby the business of a pedlar between , and the day , 19 Dated the day of , 1 9 .

Commissioner of Inland Revenue.

12 ' CAP.

434) Trade Licences LAWS OF ANTIGUA AND BARBUDA SCHEDULE D (Section 14.)

TRANSFER OF LICENCE ~ n t i i u a and Barbuda.

No.

I do hereby upon the application of fer this licence to for which it is to remain in force.
of trans- for the residue of the term Dated the day of ,19 Commissioner of Inland Revenue.