Licences Act

	Home \| Databases \| WorldLII \| Search \| Feedback Tonga Consolidated Legislation

SECTION
1. Short title.
2. Appropriation of moneys received.
3. Interpretation.
4. Business for which licences are compulsory.
5. Issue of licences.
6. Fees for and duration of licences.
7. Licences not transferable.
8. Power to demand production of licences.
9. Penalty for carrying on business or calling without licence.
10. District officer to render quarterly return.
11. Personal licences. Licences in respect of stated places. Licences to be kept in conspicuous place.
12. Wholesale and retail store licence.
13. Distributing store to have wholesale and retail licence.
14. Retail store licence.
15. Hawker's licence.
16. Auctioneer's licence.
17. Baker's licence.
18. Bread seller's licence.
19. Commission agent's licence.
20. Public billiard table licence.
21. Hop beer seller's licence. Hours for sale. Prohibited or restricted persons.
22. Private investigator's licence.
23. Offences and penalties.
24. Legal proceedings.
25. Onus of proof.
26. Power to amend schedule.

Acts Nos. 5 of 1922, 15 of 1926, 17 of 1927, 10 of 1932, 7 of 1938, 8 of 1939, 5 of 1943, 15 of 1950, 13 of 1967, 17 of 1975, 6 of 1977

All moneys to be received under this Act whether in respect of the issue of licences or the payment of penalties shall be paid into the Treasury for the benefit of the general revenue of the Kingdom.

Every person who carries on or exercises any business or calling specified in Schedule A whether jointly with any other business or calling or otherwise shall take out a licence so to do and shall pay therefor the licence fee at the annual rate set forth in such Schedule.

(1) All licences that are required to be issued under this Act shall be issued by such persons as the Minister of Finance shall, with the approval of Privy Council, appoint from time to time:

Provided that no licence shall be issued to any person under the age of 18 years. (Substituted by Act 13 of 1967.)

(2) The Privy Council may by Order-in-Council from time to time authorize any officer empowered under this Act to issue licences to exercise absolute discretion in the issue of any licences save that any person who feels aggrieved at a decision of any such officer in the exercise of his discretion as aforesaid may apply in writing to the Privy Council and the Council may confirm, modify or revoke any such decision.

(3) The Privy Council may by Order-in-Council from time to time fix the maximum number of licences to be issued under this Act in respect of any District or Districts or for any particular class or classes of licences for such period as the Council shall deem fit. (Amended by Act 8 of 1939.)

(1) Every licence to carry on or exercise a business or calling specified in Schedule A shall be issued for a year, quarter year or day on payment of the licence fee (or the proportionate part thereof) prescribed by such Schedule in respect of that particular business or calling. (Amended by Act 46 of 1988.)

(2) Every licence other than a daily licence under this Act shall date from the first day of January, April, July or October and shall expire on the last day of March, June, September or December as the case may be. (Amended by Act 46 of 1988.)

Any person appointed under section 5(1), any police officer or any district officer who has reason to suppose any person to be liable to take out any licence or licences under this or any other Act may demand from such person the production of such licence or licences and if the person upon whom the demand is made shall not produce such licence or licences within a reasonable time or shall not permit the officer to read and examine the same when produced he shall be guilty of an offence against this Act. (Amended by Act 13 of 1967.)

(1) Any person carrying on or exercising any business or calling specified in Schedule A without a licence shall be guilty of an offence against this Act:

Provided that no person shall be liable to prosecution for carrying on any such business or calling without a licence during the period between the first and tenth days inclusive of the months of January, April, July and October respectively if he shall have become duly licensed before the expiration of the said period of 10 days.

(2) Upon any conviction under subsection (1) of this section the magistrate, in addition to any punishment which he may inflict, shall order the convicted person to pay into the court to the credit of the public revenue such sum (not exceeding the proper licence fee for one year payable in respect of the business or calling on account of which the conviction was obtained) as he may think the public revenue ought to have received from the convicted person in respect of the unpaid licence fee and in default of payment of such sum within such time (if any) as is specified in the order of the magistrate such convicted person shall be liable to imprisonment for any term not exceeding 3 months.

Every District Officer shall on the last day of each quarter furnish a person appointed under section 5(1) with a return showing the names, occupations, and places of abode of all persons in his village or district, who have carried on or have been exercising any of the businesses or callings set out in Schedule A at any time during the quarter. (Amended by Act 13 of 1967.)

(1) If a licence issued under this Act does not specify a place or building in respect of which the licence has been issued, the licensee may exercise the stated business or calling in any part of the Kingdom.

(2) If a licence issued under this Act specifies a place or building in respect of which the licence has been issued—

(3) A licence may be altered at any time, with the approval of the Privy Council. (Substituted by Act 46 of 1988.)

A wholesale and retail store licence shall permit the person therein named or his agents to sell in any quantity whatsoever in the premises specified in the licence all articles other than those forming part or the whole of the staple commodity of any business in respect of which a specific licence fee is prescribed by this Act. A wholesale and retail or a retail store licence shall not authorize the hawking of goods.

Any person, partnership or company carrying on business in any of the districts mentioned in section 5 hereof in a store from which goods are supplied or distributed to another store or stores carried on in the interests of such person, partnership or company shall take out a wholesale and retail store licence for the principal or distributing store. Any person failing to comply with the provisions of this section shall be guilty of an offence against this Act.

A retail store licence shall permit the sale of the same articles as a wholesale and retail store licence but not in unbroken packages nor at any one time in quantities equal to or exceeding an unbroken package. An unbroken package under this section means a package as it is when first imported into the Kingdom:

Provided always that a retail store licence shall permit the sale of the articles enumerated in Schedule B in the quantities specified therein and also of such other articles in such quantities as His Majesty in Council may from time to time by proclamation declare to have been added to those enumerated in such Schedule.

(1) A hawker's licence shall authorize the person therein named to sell the same articles and in the same quantities as are permitted under a retail store licence but shall not authorize the sale of goods in any store or building occupied either permanently or temporarily by the licensee but only from a boat or vehicle or from a pack or basket carried by the licensee.

(2) A hawker's licence shall not be necessary for the hawking or sale of fresh fish or turtle or native articles the produce of or manufactured in the Kingdom.

An auctioneer's licence shall entitle the person named therein Auctioneer's to sell by public auction leasehold interests in any land and any goods licence. or effects whatsoever except wines, spirits and fermented liquors:

A bread seller's licence shall permit the sale of bread but shall not authorize the baking of bread for sale.

A commission agent's licence shall entitle the person named therein to dispose on commission only of leasehold interests in land or of goods in bulk except wines, spirits and fermented liquors.

(1) A public billiard table licence shall entitle the person named therein to keep a billiard table for hire by members of the public. Any person keeping a restaurant or other place of refreshment or amusement which is provided with a billiard table for the use of its patrons shall be deemed to be the keeper of a public billiard table.

(2) Any keeper of a public billiard table who shall suffer such table to be made use of on a Sunday or between the hours of 11 o'clock at night and 9 o'clock in the morning on any other day of the week shall be guilty of an offence against this Act.

(1) Every person not licensed under the Intoxicating Liquor Act [Cap. 84] who shall sell for consumption on or off the premises hop beer or other fermented liquor shall take out a hop beer seller's licence

(2) A hop beer seller's licence shall entitle the person named therein to sell hop beer or other fermented liquor at the place specified therein at such hours as shall be permitted by the Minister of Police.

(3) A hop beer seller's licence shall not entitle the holder to sell intoxicating liquor within the meaning of the Intoxicating Liquor Act to any person to whom the sale of intoxicating liquor is under that Act prohibited or restricted. (Added by Act 10 of 1932.)

(1) A private investigator's licence shall entitle the person named therein to carry on the business of private investigation into any matter referred to him in a private capacity.

(2) A private investigator's licence shall not confer on the holder any powers of interview, entry, search or arrest.

(3) Any applicant for a private investigator's licence must satisfy the Minister of Police that he is of good character, has not displayed moral turpitude, is not of unsound mind and has not been convicted of an indictable or other serious offence.

(4) Any licence holder who may subsequently be involved in any moral turpitude, or become of unsound mind or be convicted of an indictable or other serious offence shall automatically forfeit his licence. (Inserted by Act 6 of 1977.)

Any person who shall be guilty of an offence against this Act shall be liable to a penalty not exceeding $40 and in default of payment to imprisonment for any period not exceeding 3 months.

All offences against this Act may be prosecuted before a magistrate in the district where the offence occurs. (Substituted by Act 13 of 1967.)

In any prosecution under this Act charging any person with exercising any business or calling without a licence, the charge shall be deemed proved if it is shown to the satisfaction of the magistrate that the accused person did actually exercise the business or calling, unless the accused person can produce his licence in court or can show to the satisfaction of the magistrate that such licence was duly taken out.

His Majesty may by Order in Council alter from time to time and conditionally or otherwise the fees for licences specified in Schedule A, either by way of increasing, decreasing, or annulling the same or any of them and may likewise alter the said Schedule by adding thereto any business or calling and prescribing the fee payable for a licence in respect of such business or calling.

(Schedule A amended by Acts Nos. 10 of 1932, 7 of 1038, 5 of 1943, 15 of 1950 and 6 of 1977 and Orders-in-Council published at G. 82/30,37/35, 87/53, 202/53, 27/58, G.S. 5/72, G.S. 4/77, G.S. 9/82, G. 47/83, G.S. 1/83, G. 361/84, G.S. 1/84

	Rate per day $	Rate per Quarter	Rate per Annum
A: ENTERTAINMENT	$	$	$
1. Amusement machine (each machine)		7.50	30.00
2. Bands for Hire:- (a) Brass Band (b) Electric String Band (c) Manual String Band	1.00 1.00 1.00	7.50 7.50 6.25	30.00 30.00 25.00
3. Billiard Table Operator (for each table)		15.00	60.00
4. Cinematograph Exhibitors	5.00	50.00	200.00
5. Entertainers from Outside the Kingdom	10.00	25.00	100.00
6. Magician or Conjuror		10.00	40.00
7. Merry-go-round operator	5.00	25.00	100.00
8. Other Entertainment Enterprise	2.00	10.00	40.00

B: HIRE FACILITIES
1. Bicycle Hire Operator (less than 5 bicycles)	no licence required
2. Bicycles Hire Operator (5 or more Bicycles)	2.00	5.00	20.00
3. Horse Hire Operator (less than 5 horses)	no licence required
4. Horse Hire Operator (5 or more horses)	2.00	5.00	20.00
5. Launch or Boat Hire Operator (one boat)	no licence required
6. Launch or Boat Hire Operator (2 or more boats)		10.00	40.00
7. Machinery Hire Operator (including farm machinery hire)		10.00	40.00
8. Motion Picture Film Hire Agency		15.00	60.00
9. Taxi or Hire Car Operator:
(a) Cars; for the first vehicle		20.00	80.00
(b) Cars; for each additional vehicle		10.00	40.00
10. Van, Truck or Lorry Hire Operator:
(a) Heavy Lorries; first vehicle		20.00	80.00
(b) Heavy Lorries; for each additional vehicle		10.00	40.00
(c) Light Lorries and Vans; first vehicle		15.00	60.00
(d) Light Lorries and Vans; for each additional vehicle		7.50	30.00
11. Video Cassette Hire Operator		25.00	100.00
12. Other Hire Facilities	2.00	10.00	40.00

C: SERVICES (PROFESSIONAL OR OTHERWISE)
1. Auctioneer	5.00	10.00	40.00
2. Commission Agents		10.00	40.00
3. Professional Services (other than legal		15.00	60.00
4. Semi-professional and other Services	2.00	10.00	40.00

D: TOURIST FACILITIES
1. Boarding House, Guest House or Motel Keeper; for every 10 beds or part thereof		5.00	20.00
2. Hotel Keeper; for every 10 beds or part thereof		10.00	40.00
3. Restaurant (not licensed to sell intoxicating liquor)		20.00	80.00
4. Restaurant (Licensed to sell intoxicating liquor)		50.00	200.00
5. Other Tourist Enterprises and Facilities	5.00	10.00	40.00

E: TRADE AND COMMERCE
1. Food or Drink Manufacturer		25.00	100.00
2. Sawmiller	5.00	25.00	100.00
3. Other Manufacturer		25.00	100.00
4. Retail Storekeeper (town)
(a) of food and other goods	2.00	10.00	40.00
(b) of goods other than food	2.00	10.00	40.00
5. Retail Storekeeper (country)
(a) of food and other goods	1.00	5.00	20.00
(b) of goods other than food	1.00	5.00	20.00
6. Wholesale and Retail Storekeeper:
(a) of food and other goods		30.00	120.00
(b) of goods other than food		30.00	120.00
7. Wholesale and Retailer of Petroleum Products		30.00	120.00
8. Bulk Distributor of Petroleum Products		50.00	200.00
9. Fruit and Vegetable Vendor	2.00	5.00	20.00
10. Hawker	2.00	5.00	20.00
11. Butcher	2.00	10.00	40.00
12. Importer of Meat, Fish and Poultry	20.00	10.00	40.00
13. Wholesaler and Retailer of Motor Vehicles		20.00	80.00
14. Exporter of Fish and Other Marine Products	5.00	10.00	40.00
15. Exporter of Meat and Poultry	5.00	10.00	40.00
16. Exporter of Vanilla		20.00	40.00
17. Exporter of Bananas	5.00	10.00	40.00
18. Exporter of Coconuts	5.00	10.00	40.00
19. Exporter of Coconut Products	5.00	10.00	40.00
20. Exporter of Other Produce and Commodities
(a) less than 100 kg by ship or less than 20 kg by air in a single shipment	(no licence required)
(b)100 kg or more by ship or 20 kg or more by air	5.00	10.00	40.00
21. Exporter of Handicraft	5.00	10.00	40.00
22. Exporter of Other Goods (other than Licensed Manufacturer)	5.00	10.00	40.00
23. Quarry Operator or Miner		20.00	80.00
24. Finance, Insurance, Real Estate Dealers and Agents		20.00	80.00
25. Commercial Fishing Boat Operator		5.00	20.00
26. Commercial Fish Trap Owner		5.00	20.00

F: TRADESMEN - OPERATING FROM FIXED PREMISES
1. Plumber		15.00	60.00
2. Electrician		15.00	60.00
3. Electrical or Radio Serviceman		15.00	60.00
4. Motor Mechanic		15.00	60.00
5. Blacksmith		15.00	60.00
6. Welder		15.00	60.00
7. Builder, Boat Builder, Coach Builder, Cabinet Maker, Carpenter, and Cartwright		15.00	60.00
8. Watchmaker, watch and Clock Repairer		15.00	60.00
9. Shoemaker, Shoe Repairer		15.00	60.00
10. Tailor, Tailorees or Dress Maker		15.00	60.00
11. Barber and/or hairdresser		10.00	40.00
12. Other Tradesmen Operating from fixed Premises		15.00	60.00

G: TRADESMEN - SELF EMPLOYED
1. Plumber		10.00	40.00
2. Electrician		10.00	40.00
3. Electrical or Radio Serviceman		10.00	40.00
4. Motor Mechanic		10.00	40.00
5. Blacksmith		10.00	40.00
6. Welder		10.00	40.00
7. Builder, Boat Builder, Coach Builder, Cabinet Maker, Carpenter and Cartwright		10.00	40.00
8. Watchmaker, Watch and Clock Repairer		10.00	40.00
9. Shoemaker, Shoe Repairer		10.00	40.00
10. Tailor, Tailoress or Dress Maker		10.00	40.00
11. Barber and/or Hairdresser		10.00	40.00
12. Other Tradesmen Self Employed		10.00	40.00

H: TRANSPORT AND COMMUNICATION FACILITIES
1. Bus Operator:
(a) Heavy Buses: first Vehicle	30.00	120.00
(b) Heavy Buses: each additional Vehicle	15.00	60.00
(c) Mini Buses: first Vehicle	20.00	80.00
(d) Mini Buses: each additional Vehicle		10.00	40.00
2. Passenger Ferry Agent or Operator
(a) Each Vessel under 50 Gross Registered Tonnes		20.00	80.00
(b) Each Vessel of 50 Gross Registered Tonnes or More		50.00	200.00
3. Cargo Vessel Agent or Operator
(a) Vessel under 50 Gross Registered Tonnes		20.00	80.00
(b) Each Vessel of 50 Gross Registered Tonnes or More		50.00	200.00
4. Air Passenger and Cargo Service Operator		50.00	20.00
5. Public Radio and Communications Service		50.00	20.00

Any officer empowered under the above Act to issue licences is hereby authorized to exercise absolute discretion in the issue of such licences:

Provided that where any such officer shall refuse to grant or renew any licence, on application being made, he shall immediately advise the Minister of Finance of his decision, giving the reasons therefor. (Amended, Act 46/1988.)

As provided by the above Act, any person who feels aggrieved at the decision of any such officer in exercise of his discretion as aforesaid may apply in writing to His Majesty in Council and His Majesty in Council may confirm, alter, modify or revoke any such decision.

Beef ...............................................	100 lb. kegs
Biscuits ..........................................	50 lb. tins
Rice ..............................................	56 lb. bags
Sugar .............................................	70 lb. bags
Meats (other than Beef) .......................	100 lb. kegs
Flour .............................................	150 lb. bags
Wire Netting ....................................	50 yd. rolls
Fencing Wire (barbed and plain) ...............	1/2 cwt. rolls

Tonga Consolidated Legislation

Licences Act