NORTH-EAST DISTRICT COUNCIL (TUCK SHOP, KIOSK) BYE-LAWS
(section 44 read with section 45)
(6th April, 2018)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Application
3. Interpretation
4. Application for licence
5. Issue of licence
6. Period of licence
7. Prohibited forms of tuck shop or kiosk
8. Structures used for business
9. Sanitary conditions
10. Display of licence
11. Modification, suspension or revocation of licence
12. Licence to be produced for inspection
13. Appeals
14. Penalties
S.I. 45, 2018.
These Bye-Laws may be cited as the North East District Council (Tuck Shop, Kioski) Bye-laws.
These Bye-laws shall apply to North East District Council.
In these Bye-laws, unless the context otherwise requires
“authorised official” means the Council Secretary or any employee of the Council duly authorised as such, in writing by Council; and includes Commercial Environment, Public Health, Bye-law and police officer;
“attendant” means the owner of the tuck shop or kiosk or a person employed to operate the tuck shop or kiosk;
“Council” means the North East District Council; and
“licence” means a tuck shop or kiosk licence under bye-law 5.
(1) Any person wishing to carry on the business of a tuck shop or kiosk shall make an application in the Form A set out in the Schedule to the Council, supplying such information as the Council may require and in particular
(a) a sketch plan of the location and area in which such person wishes to trade; and
(b) types of goods traded.
(2) The application under subbye-law (1) shall be accompanied by
(a) a certified copy of the applicant’s identity document;
(b) passport size photo; and
(c) in case of sub-letting, a lease agreement.
(3) The Council may refuse to issue a licence to a person if
(a) the applicant is not a citizen of Botswana;
(b) it is satisfied that the issue of the licence would be contrary to public interest;
(c) in respect of a particular area, it satisfied that the carrying on of the business in such area would conflict with the Town and Country Planning Act (Cap. 32:09) and the Tribal Land Act (Cap. 32:02); or
(d) if the applicant is below the age of 16 years.
Subject to the provisions of bye-law 4, the Council may, if satisfied that the requirements of these Bye-laws have been complied with, and on payment of a fee of P100, issue a tuck shop or kiosk licence as set out in Form B of the Schedule, subject to such conditions as it considers necessary or expedient having regard to these Bye-Laws.
(1) A licence issued under bye-Law 5 shall, subject to the provisions of these Bye-Laws, be valid for a period of one year from the date of issue thereof.
(2) A licence may, upon expiry, be renewed by application made to the Council in form C set out in the Schedule, for a further period of one year subject to the payment of a renewal fee of P50.
7. Prohibited forms of tuck shop or kiosk
No person shall
(a) in any area erect, install or operate a tuck shop or kiosk in any booth, stall, stand, or similar structure unless granted planning permission by the Council to use, in such area;
(b) refuse at the request of an authorised official to move a tuck shop or kiosk and any other object associated with such person’s trade, so as to permit the Council to clear anything in which such business is conducted;
(c) conduct the business of a tuck shop or kiosk in any of undesignated areas unless permission of the Council is sought;
(d) conduct the business of a tuck shop or kiosk in any Council area, commercial or industrial area unless permission of the Council is sought; or
(e) conduct the business of a tuck shop or kiosk in a way that is likely to hinder or obstruct the vision and free movement of motorised and non-motorised traffic.
8. Structures used for business
(1) Structures used for business of a tuck shop or kiosk shall
(a) be constructed using material that is fire resistant and ventilated to ensure health and safety of the tuck shop or kiosk attendant and customers;
(b) be in conformity with its surrounding environment so as to ensure that the structure does not become an eye sore or cause injury to the amenity of such surrounding environment; or
(c) provide enough shade for the tuck shop or kiosk attendant and customers from rain, wind and the sun.
(2) The council shall have the power to request for any structure to be renovated or replaced and failure to do so may result in the licence being revoked.
(3) The Council shall, where possible, provide a model or sample of preferred tuck shop or kiosk structures and may consider other submitted structures if they meet the required standard.
(4) A tuck shop or kiosk may operate on commercial, industrial or community plot or building and its structures shall be approved for that purpose by the Council.
It shall be the responsibility of the tuck shop or kiosk attendant to keep the surroundings of the tuck shop or kiosk clean.
(1) A tuck shop or kiosk owner shall display a valid licence at the premises or location where the business is being conducted.
(2) Any person who contravenes the provisions of sub bye-law (1) commits an offence.
11. Modification, suspension or revocation of licence
The Council may modify, suspend or revoke a licence issued under these Bye-Laws if
(a) the holder purports to cede or transfer in any other way the licence to another person, without first obtaining permission from the Council;
(b) the Council reasonably believes that it is in the interests of the public to do so, or that the continuing use of the licence will constitute a danger to the public health or interest; or
(c) the holder thereof is convicted of an offence under these Bye-Laws.
12. Licence to be produced for inspection
(1) Every holder of a licence issued under these Bye-Laws shall, on demand by an authorised official, immediately produce such licence for inspection or otherwise shall, produce it at the office of such authorised official as the case may be within such specified period of time as will be stipulated by Council or authorised official.
(2) Any person who contravenes the provisions of sub bye-law (1) commits an offence.
Any person aggrieved by the decision of the Council, made under these Bye-Laws may appeal to the Minister within a period of 14 days from the notification of the decision of the Council.
Any person who contravenes these Bye-laws commits an offence and shall be liable, for a first offence, to a fine not exceeding P500 or imprisonment for a term not exceeding two months, or to both, and for a second and subsequent offence, to a fine not exceeding P2000 or imprisonment for a term not exceeding six months, or to both.
(2) Any person who is convicted of an offence under these Bye-Laws may, in addition to any penalty to which he or she is liable
(a) have his or her licence cancelled with effect from such date as the court may determine; or
(b) have his or her associated goods impounded or confiscated.
FORM A
APPLICATION FOR A TUCK SHOP, KIOSK LICENCE
(bye-law 4)
(Attach two copies of passport size photograph, approximately 5cm x 4cm)
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Full name of applicant: …………………………………………………………………………………………… |
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(Surname first in block letters) |
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Place of abode and postal address: …………………………………………………………………………… |
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……………………………………………………………………… |
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Nationality …………………………… |
National Identity No ………………………………… |
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I wish to apply for a tuckshop/kiosk as follows: |
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(1) Location of premises: …………………………………………………………………………………… |
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(2) Number of tuck shop attendants (if any) and their qualifications (or experience): |
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………………………………………………………………………………………………………………………… |
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Date …………………………………………. |
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……………………………………………………… |
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FOR OFFICIAL USE ONLY |
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Date on which the application was received by Licensing Officer ………………………………………. |
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Proposed hearing of application ……………………………………………………………………………….. |
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Date of approval/rejection of application ……………………………………………………………………… |
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………………………………………………………….. |
FORM B
TUCK SHOP/KIOSK LICENCE
(bye-law 5)
NOT TRANSFERABLE
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Photograph of holder |
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Licence No. ………………………………………………………………………………………………………… |
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Registration Number ……………………………………………………………………………………………… |
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Surname …………………………………………………………………………………………………………….. |
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Other names ……………………………………………………………………………………………………….. |
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Identity Number ……………………………………………………………………………………………………. |
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Place of Birth ………………………………………………………………………………………………………. |
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Sex …………………………………………………………………………………………………………………… |
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Postal address …………………………………………………………………………………………………….. |
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Physical address ………………………………………………………………………………………………….. |
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District ……………………………………………………………………………………………………………….. |
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Is hereby licensed in accordance with the North East District Council (Tuck Shop/Kiosk) Bye Laws to carry on the business of a tuck shop/kiosk in the following area/s: |
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……………………………………………………………………………………………………………………………. |
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……………………………………………………………………………………………………………………………. |
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………………………………………………. |
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Or |
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………………………………………………. |
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Date of issue: …………………………… Fee paid ……………………………. O/R No ……………………… |
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Date on which application was received by Licensing Officer ……………………………………………. |
FORM C
RENEWAL OF APPLICATION
(bye-law 6(2))
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(1) Applicant for renewal to complete the following: |
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(a) Location of premises: …………………………………………………………………………………… |
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(b) Number of attendants: ………………………………………………………………………………….. |
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(2) Conditions (if any) applicable: ……………………………………………………………………………… |
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Date: ……………………………………………………. |
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