Section 166A: Licensing of petrol service stations

166A. Licensing of petrol service stations (1) No person shall operate— (a) a petrol service station; or (b) a private petrol station, R27 – 129 [Issue 1] Road Traffic Act unless he is the holder of an appropriate licence issued under this section. (2) Every application for a licence under this section shall— (a) be made in writing to the Authority; and (b) contain such particulars as the Authority may require. (3) The Authority shall cause notice of every application made to it under this section to be published once in the Gazette and in 2 daily newspapers and any person may, within 14 days of the publication, lodge with the Authority a written objection to the application. (4) (a) The Authority may, after hearing the applicant and any objector, refuse an application or grant the application subject to such conditions as it thinks fit to impose in the public interest, and it shall cause notice of its decision to be given to the parties concerned. (b) In exercising its powers under this subsection, the Authority shall have regard, inter alia, to— (i) the fuel consumption of vehicles owned by, and registered under the name of, the applicant; (ii) in the case of an application for a petrol service station licence, the interests of the public generally and those of persons who provide and require the services of petrol service stations; and (iii) in the case of an application for a private petrol station licence, the interests of those who provide the services of petrol service station. (c) Any person who fails to comply with a condition attached to a licence issued under paragraph (a) shall commit an offence. (5) Where the holder of a licence— (a) dies; or (b) becomes bankrupt or insane, his widow, heir or representative, as the case may be, may, with the consent of the Authority, operate the petrol service station, either personally or through an agent approved by the Authority, for such period and subject to such conditions as the Authority thinks fit. (6) Subject to subsection (5), no licence shall be transferred or assigned. (7) (a) A licence issued under this section— (i) shall be valid for a period of one year; and (ii) may be renewed every year. (b) The Authority may, on its own motion or on the written application of any interested person, vary, suspend or revoke a licence, having regard to— (i) the character or conduct of the licence holder; or (ii) the manner in which the petrol service station or the private petrol station, as the case may be, is being operated; or (iii) the fuel consumption of the vehicles of the licence holder. [Issue 1] R27 – 130 Revised Laws of Mauritius (c) Where the Authority revokes a licence under paragraph (b), or where installations are effected for the setting up of a petrol service station or a private petrol station without a licence having been obtained under this section, the Authority may— (i) cause seals to be affixed to a dispensing pump; (ii) order the removal, by the owner or operator, of the fuel tank and dispensing pump within such delay as it thinks fit. (d) Any person who fails to comply with an order addressed to him under paragraph (c) shall commit an offence. (8) Any interested person who is aggrieved by a decision of the Authority under this section may, within 10 days of the date of notification of the decision, appeal to the Minister by lodging a written application to that effect with the Permanent Secretary. (9) (a) Every person to whom a licence is issued shall pay such fee as nk and dispensing pump within such delay as it thinks fit. (d) Any person who fails to comply with an order addressed to him under paragraph (c) shall commit an offence. (8) Any interested person who is aggrieved by a decision of the Authority under this section may, within 10 days of the date of notification of the decision, appeal to the Minister by lodging a written application to that effect with the Permanent Secretary. (9) (a) Every person to whom a licence is issued shall pay such fee as may be prescribed. (b) Where the holder of a licence does not intend to renew his licence, he shall, not later than 14 days before the expiry date of the licence, give notice, by registered letter, to the Authority, of his intention not to have his licence renewed. (c) The holder of a licence who fails to renew his licence within 14 days of its expiry date shall, on renewal of his licence, pay, in addition to the prescribed fee, an amount representing 50 per cent of that fee. (10) In this section— “interested person” includes any person who supplies petrol or diesel oil to the holder of a licence; “petrol service station” means any premises where petrol or diesel oil is sold by retail to the public; “private petrol station” means any premises where petrol or diesel oil is restored for private consumption. (11) This section shall be in addition to, and not in derogation from, the Inflammable Liquids and Substances Act. [S. 166A amended by s. 3 of Act 55 of 1983 w.e.f. 27 December 1983; s. 4 of Act 7 of 1994 w.e.f. 1 September 1994; reprinted by Reprint 3 of 1994.]