S.L. 409.8 Art. 4Licence.

(1) The Authority shall grant a licence of a tourism operation if it is satisfied that the applicant, whether an individual person or a body corporate, as well as the premises to be licensed, comply with the requirements relevant to the particular tourism operation as specified in the Act and in any regulations made thereunder.

(2) A licence issued in respect of a tourism operation shall be subject to the condition that the premises to be used for the operation complies in all respects with any requirement under any other law which may be in force from time to time.

(3) A licence of a tourism operation shall not be issued or renewed if it is objected to by the Commissioner of Police or by any other authority; provided that such objection is considered to be reasonable, justified and proportionate by the Authority.

(4) (a) When a licensee wishes to engage an operator to run all or any part of the tourism operation, he shall obtain the prior approval of the Authority.

(b) If the operator of a tourism operation or of any part of such tourism operation is different from the licensee, such licensee shall submit details of the operator to the Authority and inform the Authority whenever the operator is replaced: Provided that if the tourism operation, or any part of such tourism operation, is under the sole and exclusive control of the operator for any period covered by the licence, the responsibility of the operator at law shall be equivalent to that of the licensee: Provided further, it shall be competent to the Authority to proceed against the licensee or the operator, or both, for any of the following:

(i) infringements of the provisions of the Act or of regulations issued thereunder;

(ii) outstanding licence fees or contributions due to the Authority in terms of any law.

(c) In the event of an application for the issue of a licence being filed by a body corporate, the Authority shall issue the said licence in the name of the body corporate making the application and it shall be the duty of the body corporate making such application to submit to the Authority details relating to the operator.

(d) Where a licence is to be issued in the name of a body corporate, it shall be incumbent on the person requesting the issue of such licence to provide the Authority with details of the physical person who is to represent the body corporate in all its dealings with the Authority. Such person so indicated shall for intents and purposes of the Act and of regulations issued thereunder, be responsible jointly and severally with the licensee for each of the following:

(i) infringements of the provisions of the Act or of regulations issued thereunder;

(ii) outstanding licence fees or contributions due to the Authority in terms of any law: Provided that it shall be the duty of the person so nominated to signify his responsibility by signing and filing the appropriate form with the Authority, and to inform the Authority whenever such responsibility ceases.

(e) The provisions of paragraph (d) shall apply in their entirety to situations where the operator, or a tourism operation or any part thereof, is a body corporate.

(f) In the event of no information being submitted by the licensee regarding the engagement of an operator, as required by this regulation, the licensee shall, in all cases, be solely responsible for conforming to the provisions of the law and the regulations made thereunder.

(5) The licence issued by the Authority in respect of a tourism operation shall be available at all times within the premises of the tourism operation and shall be shown on demand to any representative of the Authority.