Hotels Aid Act
CHAPTER 15.16
HOTELS AID ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title
2. Interpretation
3. Grant of licences
4. Procedure on application for grant of licences
5. Free entry of building materials and equipment
6. Relief from customs duties
7. Building materials and articles of hotel equipment not to be used for any purpose other than that for which imported
8. Comptroller of Customs may permit disposal of materials, etc.
9. Articles of hotel equipment to be marked
10. Power to revoke licence
11. Employment of Montserratians
12. Responsibility of employer for act of employee
13. Offences by corporations
14. Regulations
15. Power to change Schedule
SCHEDULE


CHAPTER 15.16
HOTELS AID ACT
(Acts 11 of 1954, 8 of 1955, 24 of 1982 and 9 of 2011)
Commencement
[1 January 1954]
Short title
1. This Act may be cited as the Hotels Aid Act.
Interpretation
2. In this Act—
“articles of hotel equipment” means any of the articles specified in the Schedule;
“building materials” means materials of every description for use in connection with the construction of a hotel and all structures appurtenant thereto;
“Comptroller of Customs” means the officer for the time being lawfully discharging the duties of Comptroller of Customs of Montserrat or anyone authorised by him in writing to act on his behalf;
“construct” includes erect, repair, alter, reconstruct or extend;
“customs duties” includes any customs duty, surcharge and wharfage rate payable on the importation of any article into Montserrat;
“extension to a hotel” means any enlargement of the accommodation of a hotel whether by means of a newly erected building or by the structural alteration of the existing building;
“hotel” means any building or group of buildings (occupied together) for the accommodation for reward of guests and includes the curtilage thereof and all structures within such curtilage, containing or intended to contain when complete not less than six bedrooms;
“licence” means a licence under section 3;
“licensee” means the holder of a licence under this Act.
Grant of licences
3. (1) Subject to the provisions of section 4 the Governor acting on the advice of Cabinet may grant to every person who desires or who has already commenced—

(a) to construct a hotel or an extension to a hotel a licence to import into Montserrat or to purchase in Montserrat such building materials for use in the construction of such hotel or extension as may be specified in the licence;
(b) to equip a newly erected hotel or extension to a hotel a licence to import into Montserrat or to purchase in Montserrat such articles of hotel equipment and in such quantities as may be specified in the licence:
Provided that, no licence shall be granted for the importation or purchase of an article of hotel equipment to replace an article of hotel equipment which has been imported or purchased under the terms of a licence.
(2) Every licence under subsection (1) shall be in such form as may be prescribed and shall be subject to such terms and conditions as the Governor acting on the advice of Cabinet may from time to time impose.
(Amended by Act 9 of 2011)
Procedure on application for grant of licences
4. Every application for the grant of a licence shall be in such form and contain such information and be accompanied by such documents as may be prescribed.
Free entry of building materials and equipment
5. (1) Every licensee shall be entitled upon the production of his licence to the proper customs officer to import into Montserrat in accordance with the terms thereof free of all customs duties such building materials or articles of hotel equipment as may be therein specified.
(2) Every licensee who satisfies the Comptroller of Customs that customs duties were paid upon the importation into Montserrat of any building materials or articles of hotel equipment specified in his licence shall be entitled to have the amount of such customs duties refunded. Every claim for repayment under this section shall be made within two years from the date of the payment of such customs duties.
Relief from customs duties
6. (1) Every licensee who satisfies the Comptroller of Customs—
(a) that any building materials or any articles of hotel equipment specified in his licence were purchased by him in Montserrat; and
(b) that customs duties were paid upon the importation into Montserrat of such building materials or articles of hotel equipment of the total value of not less than $480; and
(c) as to the amount of the customs duties so paid,

shall be entitled to be paid an amount equivalent to the amount of drawback which would have been payable under section 9 of the Customs (Control and Management) Act, in relation to the granting of drawback of customs duties if such building materials or articles of hotel equipment had been exported from Montserrat, and to be refunded the customs duty surcharge and the wharfage rates paid upon the importation of such building materials or articles of hotel equipment:
Provided that, the provisions of the said section 9 restricting the payment of drawback to cases where the goods in respect of which the payment is made are exported within a specified period shall not apply to any payment under this section.
(2) Every licensee who satisfies the Comptroller of Customs—
(a) that any building materials or any articles of hotel equipment specified in his licence were purchased by him in Montserrat; and
(b) that customs duties were paid upon the importation into Montserrat of such building materials or articles of hotel equipment of the total value of not less than $480; and
(c) that he is unable to ascertain the amount of the customs duties so paid,
shall be entitled to be paid such sum as the Comptroller of Customs may think fit, so however, that no payment under this subsection shall, in the case of building materials or articles of hotel equipment which are rated goods within the meaning of the Customs Duties and Consumption Tax Act, exceed the lowest preferential rate that has been in force for that description of goods at any time during the two years next preceding the date of purchase by the licensee and, in the case of any building materials or articles of hotel equipment liable under the said Act to an ad valorem duty, exceed nine per centum of the purchase price where the lowest preferential ad valorem rate that has been in force for that description of goods for a period of two years prior to the date of supply was fifteen per centum and pro rata where other ad valorem rates have been in force during such period, together with such additional sum (if any) as the Comptroller of Customs may think fairly represents the amount of customs duty surcharge and wharfage rates paid upon such goods upon their importation into Montserrat.
Building materials and articles of hotel equipment not to be used for
any purpose other than that for which imported
7. (1) Subject to the provisions of section 8, where any building materials or articles of hotel equipment have been imported into Montserrat under a licence or any sum has been paid under section 6 in respect of any building materials or articles of hotel equipment, such building materials or articles of hotel equipment shall not be sold, exchanged, given away, exported from Montserrat or applied for any purpose other than use in

connection with the construction or equipment of the hotel to which the licence in which those building materials or articles of hotel equipment were specified relates, within three years of the date of the importation of such articles or of the making of the payment under section 6.
(2) Every person who contravenes subsection (1) shall be guilty of an offence against this Act and shall on summary conviction be liable to a fine of $500 or to be imprisoned for any term of six months or to both such fine and imprisonment and in addition to pay, in respect of such building materials or articles of hotel equipment improperly disposed of, the relevant duties or sums which, but for section 5, would have been payable thereon or which have been refunded under section 6.
Comptroller of Customs may permit disposal of materials, etc.
8. (1) Where the Comptroller of Customs is satisfied that any building materials or articles of hotel equipment which have been imported into Montserrat under a licence or in respect of which any payment has been made under section 6 are no longer required for the purposes of the hotel in respect of which the import licence was granted, he may grant a permit to the licensee to dispose of such building materials or articles of hotel equipment in such manner as he thinks fit.
(2) No permit shall be granted under subsection (1) until the licensee has paid to the Comptroller of Customs or has given security to the satisfaction of the Comptroller of Customs that he will so pay, all sums which would have been payable by way of customs duty or wharfage rate upon the importation of such building materials or articles of hotel equipment or a sum equivalent to the amount of drawback paid to the licensee in respect of such building materials and articles of hotel equipment under section 6.
Articles of hotel equipment to be marked
9. Such of the articles of hotel equipment imported under a licence or in respect of which any sum has been paid under section 6 as the Comptroller of Customs may require to be marked shall be marked with such mark and in such manner as may be prescribed.
Power to revoke licence
10. Where the Governor acting on the advice of Cabinet is satisfied that any licensee has—
(a) obtained the grant of any licence by any false statement; or
(b) abused or misused any licence; or
(c) broken or failed to comply with any conditions of such licence; or
(d) knowingly broken or failed to comply with the provisions of section 11; or

(e) failed to pay any sum payable by him under the provisions of this Act,
he may either suspend the operation of such licence for such time and subject to such conditions as he may think fit or may revoke such licence.
(Amended by Act 9 of 2011)
Employment of Montserratians
11. Except with the consent of the Governor acting on the advice of Cabinet at least 3/5 of the number of persons employed in the construction and maintenance of, and in any other activity in relation to, any hotel in respect of which a licence has been granted under section 3 shall be Montserratians.
(Amended by Acts 24 of 1982 and 9 of 2011)
Responsibility of employer for act of employee
12. In the case of proceedings against a person under this Act for or in connection with breaches by an employee of such person of the provisions of section 11—
(a) it shall not be a defence that the employee acted without the authority of the employer; and
(b) any material fact known to the employee shall be deemed to have been known to the employer.
Offences by corporations
13. Where a person convicted of an offence against this Act or any regulations made thereunder is a body corporate, any person who at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
Regulations
14. The Governor acting on the advice of Cabinet may make regulations generally for giving effect to the provisions of this Act, and without prejudice to such general power may make regulations—
(a) prescribing the form of, and the information to be contained in, and the documents to accompany, any application for a licence under section 3;
(b) prescribing the form in which any licence may be granted under section 3;
(c) prescribing the type of mark to be affixed to any article and the manner in which such mark shall be affixed;

(d) prescribing penalties not exceeding $25 for the breach of any regulations made hereunder.
(Amended by Act 9 of 2011)
Power to change Schedule
15. The Governor acting on the advice of Cabinet may, from time to time by order, add to or remove from the Schedule, any article of hotel equipment. (Amended by Act 9 of 2011)
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SCHEDULE
(Section 15)
Air conditioning apparatus and appliances
Bed linen
Bedsprings
Bedsteads
Billiard tables and their appliances
Carpets
Chairs
Chests of drawers
Crockery
Cupboards
Cutlery
Desks
Dressing tables
Dynamos
Electrical apparatus, appliances and lines
Iceboxes
Kitchen equipment and utensils including stoves
Linoleum and similar floor coverings
Mats
Mattresses
Mirrors
Organs
Pianos
Pillows
Radios
Refrigerating apparatus and appliances
Rugs
Silver and plated tableware
Sofas

Tables
Table glassware
Table linen
Telephone apparatus, appliances and lines
Textile furnishings, including bedspreads, curtains and upholstery
Towels
Wardrobes
Wash stands
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HOTELS AID REGULATIONS
ARRANGEMENT OF REGULATIONS

REGULATION
1. Short title
2. Form of particulars
3. Forms of application and documents to accompany
4. Forms of licence
5. Marking of articles of hotel equipment
FIRST SCHEDULE: Form of Application
SECOND SCHEDULE: Form of Licence
THIRD SCHEDULE
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HOTELS AID REGULATIONS – SECTION 14
(S.R.O. 2/1955 and Act 9 of 2011)
Short title
1. These Regulations may be cited as the Hotels Aid Regulations.
Form of particulars
2. The particulars contained in every form or document prescribed by these
regulations shall be printed, typed or written thereon legibly in ink or some other
indelible material.
Forms of application and documents to accompany
3. (1) Every application for a licence to construct a hotel or an extension to a
hotel shall be in the form set forth as Form 1 in the First Schedule and shall be
accompanied by—
(a) the certificate of incorporation of the company or an authenticated copy thereof, where a company is the applicant;
(b) if so required by the Governor acting on the advice of Cabinet, a plan or diagram drawn to a scale of not less than one inch to every hundred
feet of the lands whereon the hotel or the extension to a hotel is built
or proposed to be constructed;
(c) if so required by the Governor acting on the advice of Cabinet, proper plans and drawings on a scale of not less than one-eighth of an inch to one foot, of the hotel or the extension to a hotel to be constructed,
together with a specification indicating the dimensions of such hotel
or extension to a hotel and the materials with which the same is
proposed to be constructed and the estimated quantities of such of the

materials as will have to be imported or purchased in Montserrat for
such purpose;
(d) a statement of the period within which such hotel or extension to a hotel is to be constructed and opened for business; and
(e) such other particulars and information as the Governor acting on the advice of Cabinet may from time to time by notification in the
Gazette require for the purposes of these regulations. (Amended by Act 9 of 2011)
(2) Every application for a licence to equip a newly erected hotel or extension
to a hotel shall be in the form set forth as Form 2 in the First Schedule, and shall be
accompanied by—
(a) the certificate of incorporation of the company or an authenticated copy thereof, where a company is the applicant;
(b) a full descriptive list of the articles of hotel equipment necessary to be imported or purchased in Montserrat for the purpose of equipping the
newly erected hotel or extension to a hotel and the market value
thereof at the port of shipment or place of purchase;
(c) a statement of the period within which such newly erected hotel or extension to a hotel is to be equipped and opened for business; and
(d) such other particulars and information as the Governor acting on the advice of Cabinet may from time to time by notification in the
Gazette require for the purposes of these Regulations. (Amended by Act 9 of 2011)
Forms of licence
4. (1) Every licence in respect of building materials shall be in the form set forth
as Form 1 in the Second Schedule.
(2) Every licence in respect of articles of hotel equipment shall be in the form
as set forth as Form 2 in the Second Schedule.
Marking of articles of hotel equipment
5. (1) Every licensee shall, in the manner provided in the Third Schedule, within
one month of the date of the importation or purchase, as the case may be, legibly and
permanently mark, stamp or engrave every article of hotel equipment imported or
purchased under a licence granted to him.
(2) Every licensee who fails to comply with the provisions of this regulation
shall be liable on summary conviction to a penalty of $25. ___________


FIRST SCHEDULE
FORM 1
(Regulation 3(1))
FORMS OF APPLICATION
Pursuant to section 3(1)(a) and section 4 of the Hotels Aid Act, I/We hereby
make application to the Governor acting on the advice of Cabinet for a licence to
(import into Montserrat) (purchase in Montserrat) such building materials as are
specified in the documents accompanying this application and I/We submit the
following particulars:
Surname and Christian name of applicant or name of applicant company
Address of the applicant or registered address of company
Number of bedrooms in hotel
Dated this ………… day of ………………………., 20……… .
……………………………………………..
Signature of applicant.
(Amended by Act 9 of 2011)
____________


FORM 2
(Regulation 3(2))
Pursuant to section 3(1)(b) and section 4 of the Hotels Aid Act, I/We hereby
make application to the Governor acting on the advice of Cabinet for a licence to
(import into Montserrat) (purchase in Montserrat) such articles of hotel equipment as
are specified in the documents accompanying this application and I/We submit the
following particulars:
Surname and Christian name of applicant or name of applicant company
Address of applicant or registered address of applicant company
Situation of hotel
Number of bedrooms
Dates of commencement and of completion or erection of hotel or extension
thereto
Purposes for which articles of hotel equipment are to be imported or purchased
Dated this ……………. day of the ………………, 20….. .
……………………………………………………..
Signature of applicant.
Note: Strike out the words in brackets not applicable.
(Amended by Act 9 of 2011) ____________




SECOND SCHEDULE
FORM 1
(Regulation 4(1))
FORMS OF LICENCE
Whereas due application has been made to the Governor acting on the advice of
Cabinet herein for a licence under the Hotels Aid Act, by
…………………………………………… hotel proprietor (hereinafter called “the
licensee”):
NOW THEREFORE, the Governor, by and with the advice of his Cabinet, under
and by virtue of the powers contained in section 3(1)(a) of the Hotels Aid Act, hereby
Grants a licence to the licensee with regard to a certain hotel situate at
…………………………………….…………………………………..……………
……….………………………………………………………………………………….
being a newly erected (hotel) (extension to a hotel): And this is to licence and permit
the licensee to (import into Montserrat) (purchase in Montserrat) between
the………………………………………………………………………………………
…………………………………….. (date) and the ……………………………..(date)
for the construction of the said (hotel) (extension to a hotel) the building materials set
out or described in the Schedule hereto; and the licensee shall be entitled on
production of this licence to the proper Customs Officer and subject to the terms
hereof to (import into Montserrat the building materials enumerated or referred to in
the Schedule hereto free of all customs duties and of package tax) (be paid drawback
of customs duty in accordance with section 6 of the said Act).
GRANTED at Montserrat, this ….……. day of ………………., 20….. .
………………………………………
Governor.
Note: Strike out the words in brackets not applicable.
(Amended by Act 9 of 2011)
____________



FORM 2
(Regulation 4(2))
Whereas due application has been made to the Governor acting on the advice of
Cabinet for a licence herein under the Hotels Aid Act, by
……………………………………………….. hotel proprietor (hereinafter called
“the licensee”):
Now therefore the Governor, by and with the advice of his Cabinet, under and by
virtue of the powers contained in section 3(1)(b) of the Hotels Aid Act, hereby grants
a licence to the licensee with regard to a certain newly erected (hotel) (extension to a
hotel) situate at ……………………………………………………….. .
And this is to licence and permit the licensee to (import into Montserrat)
(purchase in Montserrat) between the ………………………(date) and the
……………………………... (date) for the equipment of the said newly erected
(hotel) (extension to a hotel) the articles of hotel equipment set out or described in the
Schedule hereto; and the licensee shall be entitled on production of this licence to the
proper Customs Officer and subject to the terms hereof to (import in Montserrat the
articles of hotel equipment enumerated or referred to in the Schedule hereto free of all
customs duties and of package tax) (be paid drawback of customs duty in accordance
with section 6 of the said Act.)
Granted at Montserrat this ………… day of …………………. ., 20…… .
…………………………………….. Governor.
Note: Strike out the words in brackets not applicable.
(Amended by Act 9 of 2011) ___________



THIRD SCHEDULE
(Regulation 5(1))
Every article shall be marked in such a manner so that the mark may be easily
recognised, and the mark shall consist of the following letters arranged in the
following order—
H. A.
A.
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