Covid-19: Temporary Street Hawker Licences and Street Hawking Distance Regulations

Temporary Licences for Persons that have a Farmer’s Market permit

• A person who is in possession of a valid permit issued by the Market Administration Unit or any other section or entity vested with the power to issue permits under the Farmers’ Markets Regulations (“Unit”), shall automatically be deemed to be in possession of a temporary licence as a street hawker to sell local agricultural produce, without the need to apply and secure a street hawkers licence as is required for street  hawking  activity  in  accordance  with  the  Trading  Licences Regulations.

• This is subject to the Environmental Health Directorate being satisfied that the person in question can operate such activity on the basis of clearances already issued in respect of said person. If such person has no clearance from Environmental Health Directorate, he shall ensure to register the said activity with the Food Safety Commission.

• This temporary licence shall be subject to all conditions and penalties related to street hawking as may be applicable, except for the obligation to apply for a street hawker’s licence.

• Such person may have a substitute and up 2 assistants. Such substitute and assistants shall be beforehand notified to the Unit by the permit holder.

• Any person being a permit holder or operating as a street hawker for local agricultural produce by means of these regulations, as well as his substitute and assistant must wear the identification badge supplied by the Unit, at all times.

• The permit document issued by the Unit in respect of a stall within a Farmers’ Market must be kept clearly visible at all times when the permit holder or his substitute is operating as a street hawker for local agricultural produce.

• Either the permit holder or the substitute must be present at all times where the street hawking is conducted.

• Such temporary licences are valid until the Superintendent of Public Health determines that:
  
  1. markets or farmers markets shall not remain closed; or
     
  2. street hawking activity including street hawking for the selling of vegetables shall cease; or
     
  3. the persons themselves fall within a category of persons who are not permitted to be outdoors.

• When any street hawker licensed under the Trading Licences Regulations or a person deemed to be in possession of a temporary license as a street hawker to sell local agricultural produce, stops his vehicle to sell to his clients, the vehicle shall not be parked within:
  
  • 100 metres of walking distance from the entrance of any commercial premises, including a fixed kiosk, which is not closed.
    
  • less than 100 metres of walking distance apart from another street hawker. Within a circumference of 300 meters from each street hawker there shall not be more than 2 other street hawkers at any one time. This is irrespective of whether they are licensed under the Trading Licences Regulations or persons deemed to be in possession of a temporary license as a street hawker to sell local agricultural produce. 

• A street hawker or a person deemed to be in possession of a temporary license as a street hawker to sell local agricultural produce, shall only serve one customer at a time and the other customers shall have to stay in a line with a distance of at least 2 metres apart from each other.

Should you require any further information or assistance on the matter, please do not hesitate to reach out to Dr Sarah Mifsud personally on [email protected]

Disclaimer: The information provided does not, and is not intended to, constitute legal advice. All content available is for general informational purposes only.  This may also not constitute the most updated information and you are always advised to seek legal advice.