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
(1s 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 or receives orders for anything capa-
ble of being sold, bartered, traded in or
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 or
soliciting insurance business;
"pedlar" means a person who carries or 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 or sells any such goods from the Queens
Warehouse without having a trade licence under
this Act;
LAWS OF ANTIGUA AND BARBUDA
4 CAP. 434) Trade Licences
"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.
Trade Licences. 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.
Name of owner to
be exhibited. 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-
5. A trade licence shall apply to one mercantile estab-
lishment. lishment, store or shop and no more.
Production of 6. The Commissioner or any police officer may enter
trade licence.
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. ( 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 of 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 do 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.
LAWS OF ANTIGUA AND BARBUDA
Form of licence.
Schedule C.
Duration of
licence.
Transfer of
licence and issue
of duplicate.
Schedule D.
Obstruction, &c.
Penalty.
Cap. 255.
Penalty for per-
mitting premises
to be used for
offences against
the Misuse of
Drugs Act.
Cap. 283.
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. 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.
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.
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.
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. 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.
20. (1) Notwithstanding the provisions of this Act, ~ ; ; ~ ~ ~ ; ~ ~ ~ e
and subject to the provisions of this section, the licence to
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.
LAWS OF ANTIGUA AND BARBUDA
8 CAP. 434) Trade Licences
(2) If a licence is revoked under this section, a propor-
tionate part of the licence fee paid shall be refunded.
(3). A refusal or a revocation in accordance with sub-
section (1) shall be subject to appeal to the Governor-
General.
Licences to non-
residents.
(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
c7
one month immediately preceding the sixth
day of July, 1966;
(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.
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Trade Licences (CAP. 434 9
SCHEDULE A (Section 10.)
FORM OF APPLICATION FOR LICENCE
To the Commissioner of Inland Revenue:-
1, of hereby
make application for a licence on behalf
of myself
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)
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10 CAP. 434) Trade Licences
SCHEDULE B
Within the City of
St. John's Citiz'ensl
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); $250 $500
and
(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
(Section 1 1 .)
Outside the City of
St. John's Citizens1
Non-Citizens
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Trade Licences (CAP. 434 11
SCHEDULE C (Section 12.)
TRADE LICENCE
Antigua and Barbuda.
No.
is hereby granted a trade licence in
respect of carried on at premises situate
at between the day of ,
19 , and the day of , 19 .
Commissioner of
Inland Revenue.
TRAVELLING AGENT'S LICENCE
Antigua and Barbuda.
No.
of is hereby
licensed to carry on the business of a travelling agent between
the day of , 19 , and the day
of , 1 9 .
Dated the day of , 19 .
Commissioner of
Inland Revenue.
PEDLAR'S LICENCE
Antigua and Barbuda.
No.
of is hereby
licensed to carry on the business of a pedlar between
the day of , 19 , and the day
of , 1 9 .
Dated the day of ,19 .
Commissioner of
Inland Revenue.
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12 ' CAP. 434) Trade Licences
SCHEDULE D (Section 14.)
TRANSFER OF LICENCE
~ n t i i u a nd Barbuda.
No.
I do hereby upon the application of trans-
fer this licence to of for the residue of the term
for which it is to remain in force.
Dated the day of ,19
Commissioner of
Inland Revenue.
