Section 26: Licensing

26. Licensing (1) Subject to subsection (2) and section 25A, no person shall run or carry on a tourist enterprise unless he holds a tourist enterprise licence. (2) Unless otherwise determined by the Authority, no tourist enterprise licence shall be required where the person who uses the pleasure craft for commercial purposes is the holder of a pleasure craft licence in respect of that pleasure craft. (2A) The Authority shall, in respect of a person holding 2 or more pleasure craft licences for commercial purposes which are valid on the date preceding the commencement of this section, issue, as soon as reasonably practicable, a single pleasure craft licence authorising that person to carry out such sea-related tourist enterprise activities as may be prescribed. (3) Any person who wishes to obtain, renew or vary the terms of a tourist enterprise licence shall make an application in writing to the Authority in such form and manner as the Authority may approve and on payment of the prescribed fee. (4) On receipt of an application under subsection (3), the Authority may inspect any installation, premises or facility relating to the application. (5) The Authority may, in relation to a first application and after such inspection as may be carried out under subsection (4), issue a letter of intent to the applicant on payment of the prescribed fee setting out the conditions upon which a tourist enterprise licence shall be issued. T11 – 17 [Issue 9] Tourism Authority Act (6) Subject to subsection (6A), the Authority shall, in relation to a first application, issue a tourist enterprise licence to the applicant where all the conditions specified in the letter of intent have been complied with and subject to— (a) the payment of the prescribed fee; and (b) such terms and conditions as the Authority may determine. (6A) Where a tourist enterprise licence has not been renewed and has lapsed under section 29 (3) and the applicant applies for another tourist enterprise licence in respect of the same commercial activity, the Authority may issue a tourist enterprise licence to the applicant subject to— (a) the payment of double the prescribed fee; and (b) such terms and conditions as the Authority may determine. (7) Where the Authority agrees to renew, or vary the terms of, the tourist enterprise licence, it may do so on such terms and conditions as it may determine and on payment of such fee as may be prescribed. (7A) (a) Subject to paragraph (b), a licensee may, with the approval of the Authority, effect advance payment of the fee payable for a period of 3 years without applying for a renewal of his licence within that period of 3 years. (b) A licensee shall, within 10 days from the date of any change in his name or address, notify the Authority of the change. (7B) Any licence fee payable in respect of a tourist enterprise licence relating to the activities specified in Part B of the First Schedule, or as may be prescribed, shall, on the commencement of this subsection, be payable as a single operating fee, irrespective of whether or not all the activities are carried out. (8) Any person who contravenes subsection (1) shall commit an offence and, shall, on conviction, be liable to a fine of not less than 10,000 rupees and not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2 years. (9) In the case of a second or subsequent conviction, the offender under subsection (1) shall be liable to a fine of not less than 20,000 rupees and not e tion, be payable as a single operating fee, irrespective of whether or not all the activities are carried out. (8) Any person who contravenes subsection (1) shall commit an offence and, shall, on conviction, be liable to a fine of not less than 10,000 rupees and not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2 years. (9) In the case of a second or subsequent conviction, the offender under subsection (1) shall be liable to a fine of not less than 20,000 rupees and not exceeding 200,000 rupees and to imprisonment for a term not exceeding 5 years. [S. 26 amended by s. 6 of Act 3 of 2008 w.e.f. 1 June 2008; s. 45 (d) of Act 14 of 2009 w.e.f. 30 July 2009; s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011; s. 51 (f) of Act 9 of 2015 w.e.f. 1 July 2015; s. 55 (b) of Act 18 of 2016 w.e.f. 1 January 2017.]