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Business Licences Ordinance 1960

LAWS OF WESTERN SAMOA

BUSINESS LICENCES

ANALYSIS

Title
1. Short title and commencement
2. Interpretation
3. Administration
4. Licences to be issued
5. Partners or employees
6. Where licence operates
7. Licences not transferable
8. Qualification of applicants
9. Application for licence
10. Commissioner may issue licences
11. Licences may be cancelled or varied
12. Business or calling not in Schedule
13. Duration of licences
14. Renewal of licences
15. Special business licences
16. Licences to be produced on demand
17. Certain licences to be displayed in conspicuous places
18. Onus of proof
19. Penalty for not obtaining licence
20. Offences
21. Fines recoverable
22. Regulation
23. Repeals and savings
Schedules

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THE BUSINESS LICENCES ORDINANCE 1960

1960, No. 4

An Ordinance to consolidate and amend the law relating to licences to engage in any business, trade, profession, or calling

[10 June 1960]

1. Short title and commencement - (1) This Ordinance may be cited as the Business Licences Ordinance 1960.

(2) This Ordinance shall come into force on the 1st day of January 1961.

2. Interpretation - In this Ordinance, unless the context otherwise requires,-

"Calling" includes trade or profession:

"Commissioner" means the Commissioner of Inland Revenue appointed under [the Income Tax Administration Act 1974]

"Minister" means the Minister of Finance:

"Officer of Police" means a Commissioned Officer as defined in [the Police Services Act 1977], and includes any constable acting with the express authority and under the instructions of a Commissioned Officer.

"Commissioner": The Income Tax Administration Act 1974, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Income Tax Ordinance 1955.

"Officer of Police": The Police Services Act 1977, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Police Force Ordinance 1951.

3. Administration - The Commissioner shall be charged with the general administration of this Ordinance.

4. Licences to be issued - (1) No person shall carry on any business or calling specified in the First or Second Schedules to this Ordinance, whether jointly with any other business or calling or otherwise unless he shall have first obtained a licence for each such business or calling and paid an annual licence fee of [$18]:

Provided that no licence shall be issued for any business or calling to be carried on on land held according to the usages and customs of the Samoan people unless the provisions of [the Samoan Land and Titles Protection Ordinance 1934] shall have been first complied with.

(2) Licences issued under this Ordinance shall be issued subject to such conditions as may be specified in such licence or to such general conditions and in such a manner as shall from time to time be prescribed.

In subs. (1) the sum of $18 was substituted for $6 (as amended by s. 5 of the Decimal Currency Act 1966 and by s. 3 of the Business Licences Amendment Act 1964) by s. 2 of the Business Licences Amendment Act 1977.

In subs. (1), in the proviso, the word "Samoan" has been inserted in the title of the Samoan Land and Titles Protection Ordinance 1934 pursuant to s. 3 (f) of the Reprint of Statutes Act 1972.

As to Motor Vehicle Dealers' licences, see s. 19 of the Traffic Ordinance 1960.

For statutory exemptions affecting business licences or fees payable in respect thereof, see s. 30 of the Development Bank Act 1974, s. 23 of the Enterprises Incentives Act 1965, s. 38 of the Forests Act 1967, s. 13 of the Insurance Act 1976, ss. 10 and 11 (a) of the Potlatch Act 1967, s. 92 of the Magistrates' Courts Act 1969, and s. 93 of the Public Trust Office Act 1975, and s. 25 of the Youth, Sports, and Cultural Affairs Act 1976.

For the powers of the Director of Agriculture, Forests and Fisheries to maintain the standard of primary produce exported, see the Produce Export Ordinance 1961.

In respect of offensive trades, see s. 4 (2) of the Health Amendment Act 1965; in respect of narcotics, see regulation 6 of the Narcotics Regulations 1967 (W.S.R. 1967/2); and in respect of poisons, see ss. 11, 12, 15 and 27 of the Poisons Act 1968.

By s. 5 (1) (e) (ii) of the Handicrafts Industry Act 1965, one member of the Board set up under that Act is required to be in a business or calling described in the First or Second Schedule here set out.

As to banks and financial institutions, see Part VII of the Monetary Board of Western Samoa Act 1974.

As to export enterprises, see s. 30 of the Industrial Free Zone Act 1974.

As to control of bananas for export, see ss. 12 to 20 of the Banana Board Act, 1975.

As to restrictions on use of the name "Life Assurance Corporation of Western Samoa", see s. 39(2) of the Life Assurance Corporation Act 1976.

As to foreign fishing operations, see the Exclusive Economic Zone Act 1977, and s. 1 (2) of that Act.

No person other than licensee or Produce Marketing Division to export produce, see s. 9 of the Produce Marketing Act 1977.

See s. 54 of the Income Tax Administration Act 1974.

5. Partners or employees - (1) In any case where 2 or more persons are operating as a partnership or in a joint venture it shall be necessary to obtain one licence only in respect of each business or calling conducted by the partnership.

(2) The provisions of section 4 hereof shall not apply to any person only by reason of his employment as a servant.

6. Where licence operates - (1) A licence issued in respect of any business or calling specified in the First Schedule to this Ordinance shall authorise the licensee to carry on or exercise the said business or calling in any part of Western Samoa.

(2) A licence issued in respect of any business or calling specified in the Second Schedule to this Ordinance shall authorise the licensee to commence or carry on the business or calling at the premises described in such licence but not elsewhere:

Provided that the holder of a licence may transfer his business to any other premises or extend the premises described in the licence subject to the prior approval of the Commissioner endorsed on the licence [and subject to the prior approval of the Director of Health where the licence authorises the carrying-on of an offensive trade within the meaning of the Health Amendment Act 1965].

(3) Each branch or sub-branch premises of a business or calling shall be deemed to be a separate business or calling and shall be licensed accordingly.

In subs. (2), in the proviso, the words in square brackets were added by s. 2 of the Business Licences Amendment Act 1965.

7. Licences not transferable - No licence issued under this Ordinance shall be transferable from one person to another person.

8. Qualification of applicants - No license under this Ordinance shall be issued to any person, not being a corporate body, who-

(a) Is under the age of 18 years:

(b) Is a bankrupt who has not obtained his order of discharge or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled.

9. Application for licence - (1) Every person who desires to obtain a licence under this Ordinance shall make application for the licence to the Commissioner in such form as may be prescribed. The Commissioner shall thereupon transmit the application to the Minister with a report on the application.

(2) Every such application shall state the place or places of business of the applicant and where the applicant has or proposes to have 2 or more places of business he shall specify in his application which of these places is his principal place of business. The application shall also contain such other particulars as may be prescribed.

10. Commissioner may issue licences - (1) The Minister may authorise the Commissioner in writing to issue any licence in the discretion of the Commissioner without forwarding the application to the Minister subject to the express provisions of this Ordinance and any conditions prescribed by the Minister.

(2) In considering any applications for a licence under this Ordinance the Minister shall have regard to-

(a) The extent to which the services proposed to be rendered by the applicant are necessary or desirable in the public interest:

(b) The extent to which the economic welfare of those persons engaged in any similar business or calling would be affected by the grant of the licence:

(c) Such other matters as may be prescribed by regulation.

(3) The Minister may in his discretion refuse to authorise the issue of license where the conditions or proposed conditions under which any business or calling is being or is proposed to be carried on do not comply with such requirements as may be prescribed from time to time.

(4) Any person who is aggrieved with any decision in regard to the issue of a licence may by motion appeal to the [Supreme] Court against such decision and the [Supreme] Court after hearing such evidence as may be relevant to the question may make such order in the premises as shall to the Court seem just [and may substitute its discretion for that of the Minister or the Commissioner, as the case may be].

(5) A certificate under the hand of the Commissioner that any person is or is not the holder of a licence under this Ordinance or was not at any time the holder of such a licence shall be conclusive evidence of the matters therein referred to.

In subs. (4), the word "Supreme" was substituted for the word "High" in both places where it appears), and the words in the third set of square brackets were added, by s. 139 of the Magistrates’ Court Act 1969.

11. Licences may be cancelled or varied - (1) [The Head of State, acting by and with the advice of Cabinet], may at any time by notice published in the Western Samoa Gazette declare that no new licence shall be granted to any person or class of persons, or may order that any existing licence be cancelled or varied if he is satisfied that -

(a) Such a declaration or order is requisite for the peace, order, and good government of Western Samoa; or

(b) The issue of any such licence would be or has become prejudicial to the economic interests of Western Samoa.

(2) No appeal under the last preceding section shall lie against any decision made pursuant to any ... declaration or order [made under subsection (1) of this section].

[(3) The Minister, acting on the recommendation of the Commissioner, may cancel an existing licence or vary the conditions of any existing licence if he is satisfied that the conditions subject to which the licence was issued have not been complied with.

(4) Any person who is aggrieved with any decision of the Minister made under subsection (3) of this section may by motion appeal to the Supreme Court against such decision and the Supreme Court after hearing such evidence as may be relevant to the question may make such order in the premises as shall to the Court seem just and may substitute its discretion for that of the Minister.]

In subs. (1) the reference to the Head of State acting by and with the advice of Cabinet has been substituted for a reference to the Council of State acting by and with the advice and consent of the Executive Council pursuant to s. 4 (1) (c) of the Existing Law Adjustment Ordinance 1961.

In subs. (2) the word "such" was omitted, and the words in square brackets were added, by s. 3 (a) of the Business Licences Amendment Act 1977.

Subss. (3) and (4) were added by s. 3 (b) of the Business Licences Amendment Act 1977.

As to cancellations or suspensions for offences against the Commerce Act 1978, see s. 27 of that Act.

12. Business or calling not in Schedule - (1) The absence of any business or calling from either the First or Second Schedules to this Ordinance shall not exempt any person from making application to the Commissioner for a licence to commence and carry on such business or calling, and no person shall commence such business or calling until the Commissioner has issued a licence in respect thereof or has notified him in writing that a licence for the said business or calling is not necessary.

(2) [The Head of State, acting by and with the advice of Cabinet], may from time to time by notice in the Western Samoa Gazette, order that any business or calling shall be added to the First or Second Schedules to this Ordinance or that any business or calling shall be transferred from one Schedule to the other.

In subs. (2) the reference to the Head of State acting by and with the advice of Cabinet has been substituted for a reference to the Council of State acting by and with the advice and consent of the Executive Council pursuant to s. 4 (1) (c) of the Existing Law Adjustment Ordinance 1961.

As to various statutory exemptions, see the notes to s. 4.

13. Duration of licences - Every licence unless sooner terminated in accordance with the provisions of this Ordinance shall continue in force until the 31st day of December then next following the issue thereof and may from time to time be renewed for the period ending on the 31st day of December next after the expiry of the licence in respect of which the renewal was applied for.

14. Renewal of licences - (1) Application for the renewal of a licence may be made not earlier than the 1st day of December preceding the date of the expiry of the licence and not later than the last day of January following the date of the expiry of the licence.

(2) In the event of any person not making application in accordance with the provisions of subsection (1) of this section an amount of [$15] in respect of each license shall be added by the Commissioner to the license fee payable.

In subs. (2) the sum of $15 was substituted for $1 (as amended by s. 5 of the Decimal Currency Act 1966) by s. 4 of the Business Licences Amendment Act 1977.

15. Special business licences - (1) Notwithstanding anything to the contrary in this Ordinance the Minister may by writing under his hand authorise the Commissioner to grant special licences to any persons to carry on any one or more of the businesses or callings specified in the Third Schedule hereto.

(2) Licences under this section shall be issued only in respect of a place wherein-

(a) Any public entertainment as defined by [section 12 of the Police Offences Ordinance 1961] is being conducted:

(b) Any bazaar or sale of work for patriotic, charitable, or religious purposes is being held:

(c) Any stall has been specially constructed for the purpose of catering for overseas tourists while visiting Western Samoa.

(3) No licence issued under this section shall be for a longer duration than 7 consecutive days.

(4) Any licence under this section shall be issued by the Commissioner upon payment of the appropriate fee prescribed in the Third Schedule for each day of the duration of such licence.

(5) Repealed by s. 2 of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

In subs. (1) (a), s. 12 of the Police Offences Ordinance 1961, being the corresponding enactment in force at the date of this reprint, has been substituted for subs. (1) of s. 22 of the repealed General Laws Ordinance 1931.

16. Licences to be produced on demand - (1) Any person liable to take out a licence or licences pursuant to the provisions of this Ordinance or of any other Ordinance or enactment shall produce such licence or licences when required so to do by-

(a) The Director of Health or any officer of the Health Department authorised in writing by the Director;

(b) Any officer of Police;

(c) Any Pulenu'u; or

(d) The Commissioner or any officer of the Inland Revenue Department authorised in writing by the Commissioner.

(2) If the person upon whom demand is made pursuant to subsection (1) of this section fails to produce such licence or licences within a reasonable time or refuses to permit the said licence or licences to be examined and read by any person lawfully demanding production of the same he shall be guilty of an offence against this Ordinance.

In subs. (1) (b), as to the Police, see s. 3 (3) of the Police Service Act 1977.

17. Certain licences to be displayed in conspicuous place - Every licence issued for any business or calling specified in the Second and Third Schedules hereto shall be fixed and kept by the licensee in some conspicuous place in or upon the premises described in such licence.

18. Onus of proof - In any prosecution under this Ordinance charging any person with carrying on any business or calling without a licence the charge shall be deemed proved if it is shown to the satisfaction of [a Magistrate's] Court that the accused did actually carry on the business or calling, unless the accused person can produce his licence in the ... Court or can show to the satisfaction of the Court that such licence was duly taken out.

The words "a Magistrate's" were substituted for the words "the High" and the word "High" was omitted before the second reference to the Court, by s.139 of the Magistrates’ Courts Act 1969.

19. Penalty for not obtaining licence - Any person who commences or carries on any business or calling without obtaining a license in accordance with the provisions of this Ordinance shall be liable to a fine not exceeding [$40] for every day or part of a day for which any such person is convicted of having committed such an offence.

20. Offences - (1) Any person who fails to comply with the requirements of this Ordinance in any way shall be guilty of an offence against this Ordinance.

(2) Any person convicted of an offence against this Ordinance for which no other penalty is provided shall be liable on conviction to a fine not exceeding [$500], is the holder of a licence under this Ordinance, the Court may cancel such licence or suspend the same for such period as it thinks fit.

In subs. (2) the sum of $500 was substituted for $100 (as amended by s. 5 of the Decimal Currency Act 1966) by s. 5 of the Business Licences Amendment Act 1977.

21. Fines recoverable - (1) All fines under this Ordinance shall be recoverable by way of prosecution upon the information of the Commissioner, or of some person authorised in writing by the Commissioner in that behalf; and the signature of the Commissioner to any warrant of authority under this section shall be judicially noted.

(2) All fees received and all fines recoverable under this Ordinance shall be paid into the Treasury and form part of [the Treasury Fund].

In subs. (2) the reference to the Treasury Fund has been substituted for a reference to the Western Samoa Treasury Fund pursuant to s. 17 (a) of the Public Money Act 1969 and to s. 3 (f) of the Reprint of Statutes Act 1972.

22. Regulations - (1) [The Head of State, acting by and with the advice of Cabinet], may from time to time make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Ordinance and for the due administration thereof.

(2) Without limiting the general power hereinbefore conferred regulations may be made under this section for all or any of the following purposes:

(a) Prescribing the conditions which are to attach to any class of licence or any licences for a particular business or calling issued under this Ordinance:

(b) Including any business or calling not for the time being specified in any Schedule to this Ordinance in such of the Schedules as may be specified in the regulations:

(c) Declaring that any business or calling for the time being specified in any Schedule to this Ordinance shall cease to be included in that Schedule and be included in any other Schedule to this Ordinance:

(d) Prescribing the forms and other documents to be used in carrying out the provisions of this Ordinance:

(e) Prescribing with regard to the premises in which any class or classes of business or calling may be carried on, the conditions which must exist before any licence may be granted under this Ordinance and so long as any such licence continues in force, and in particular-

(i) A minimum area, stud height, and standard of construction, lighting, and ventilation of any building and any living accommodation attached thereto;

(ii) The distance from any main business building or living accommodation of any copra shed or other detached building;

(iii) Requirements as to sanitary conveniences and water supply;

(iv) Requirements in regard to the cleanliness of the premises, provision and description of bulk stores, containers, display cabinets, shelves and counters for food for human consumption, the screening of any building, and the exclusion of insect and animal life therefrom;

(v) The inspection of premises to ensure that the provisions of any regulations made under this paragraph are at all times being complied with:

(f) Prescribing fines, not exceeding [$100], for the breach of any regulations made under this Ordinance.

(3) All such regulations shall be laid before the Legislative Assembly within 28 days after the date of the making thereof if the Assembly is in session and, if not, shall be laid before the Assembly within 28 days after the commencement of the next ensuing session.

In subs. (1) the reference to the Head of State acting by and with the advice of Cabinet has been substituted for a reference to the Council of State acting by and with the advice and consent of the Executive Council pursuant to s. 4 (l) (c) of the Existing Law Adjustment Ordinance 1961.

In subs. (2) (f) the sum of $100 was substituted for $50 (as amended by s.5 of the Decimal Currency Act 1966) by s. 6 of the Business Licenses Amendment Act 1977.

As to subs. (2) (e), see Part II of the Health Ordinance 1959 and various Board of Health regulations as to building, etc., reprinted in the title Health.

23. Repeals and savings - (1) The enactments specified in the Fourth Schedule to this Ordinance are hereby repealed.

(2) For all purposes whatsoever in respect of any fee, charge, or other sum of money which at the commencement of this Ordinance has already been charged or paid or is still chargeable or payable in or for the year ending on the 31st day of December 1960 or in or for any previous year in accordance with the provisions of any enactment hereby repealed that enactment and all the provisions thereof including its penal provisions and all orders, regulations, warrants, and other acts of authority originating thereunder shall notwithstanding the repeal thereof be deemed to remain in full force and effect; and all proceedings for the recovery of any fine or penalty in respect of any offence committed whether before or after the commencement of this Ordinance may be commenced or continued as if this Ordinance had not been passed.

(3) All proceedings in respect of offences committed against any provision hereby repealed or any regulations or orders thereunder before the commencement of this Ordinance may be instituted or continued as if this Ordinance had not been passed.

(4) All matters and proceedings commenced under any provision hereby repealed and pending or in progress at the coming into force of this Ordinance may be continued, completed, and enforced under that provision or under this Ordinance.

(5) All offices, appointments, oaths of office, regulations, proclamations, warrants, orders, registers, notices, advertisements, and generally all acts of authority and acts of parties and all periods of time, which originated under the provisions hereby repealed relating to trade or business licenses and are subsisting or in force at the coming into force of this Ordinance shall enure for the purposes of this Ordinance and accordingly shall, where necessary, be deemed to have so originated, but not so as to extend any period of time that began to run before the coming into force of this Ordinance; but any act of authority that could have been revoked or altered under the enactment under which it originated, or under which it enured at the coming into force of this Ordinance may be revoked or altered under the powers conferred by this Ordinance.

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SCHEDULES

FIRST SCHEDULE

BUSINESS OR CALLING

ITEM

Section 4

1. Accountant, but no licence fee shall be payable by the holder of an Auditor's licence if he already holds an Accountant's licence.

2. Architect, meaning any person who prepares plans and specifications of buildings for reward.

3. Auctioneer - this shall be a personal licence and shall entitle the individual named therein to sell by public auction any real estate, or goods or effects whatsoever except wines, spirits, and beer.

4. Auditor, being a person duly so authorised by Warrant executed by the Minister.

5. Barrister and/or solicitor or legal agent.

6. Blacksmith.

7. Builder and/or contractor, meaning the business of undertaking any constructional and/or demolition work in respect of roads, bridges, buildings, and/or other structures, earth moving, quarrying.

8. Cabinet-maker, joiner, and/or woodworker with power for the licensee to sell articles manufactured by him without being also required to obtain a general storekeeper's licence.

9. Commercial traveller, meaning-

(a) Any person not ordinarily resident in Western Samoa who visits for the purpose of selling, procuring orders for the sale of or furthering or promoting the sale by way of wholesale trade of goods manufactured or produced outside Western Samoa. A licence fee will be payable in respect of each single visit except where an agency has been established in Western Samoa and a licence fee has been paid by the agent in Western Samoa, or the agency is held by a duly licensed commission agent:

(b) Any person ordinarily resident in Western Samoa who travels within Western Samoa for the purpose of procuring orders for the sale of, or furthering or promoting the sale of goods.

10. Dentist.

11. Engineer (civil and/or mechanical and/or electrical), with power to sell machinery and/or parts of machinery and/or electrical goods and equipment without being also required to obtain a general storekeeper's licence.

12. Insurance or agent for an insurance business.

13. Jeweller and/or watchmaker, with power to sell jewellery, watches, and clocks without being also required to obtain a general storekeeper's licence.

14. Jobbing tradesman, meaning the business of undertaking bricklaying, plastering, concreting, masonry and/or carpentering work in respect of buildings and other structures.

15. Medical practitioner.

16. Painter.

17. Photographer, with power to sell books, postcards, and all photographic productions, materials, and requisites without being also required to obtain a general storekeeper's licence.

18. Plumber, tinsmith, and/or sheet metal worker, with power to sell tin or metal goods and sanitary appliances and goods without being also required to obtain a general storekeeper's licence.

BUSINESS OR CALLING

19. Radio technician and/or repairman, with power to sell radios and parts therefor without being also required to obtain a general storekeeper's licence.

20. Shipwright, sailmaker, and/or boat builder, with power to sell ship or boat gear and equipment without being also required to obtain a general storekeeper's licence.

21. Surveyor.

As to item 3, see s. 92 of the Magistrates' Courts Act 1969 relating to a bailiff selling by auction; s. 44 (2) of the Police Service Act 1977; s. 93 of the Public Trust Office Act 1975 relating to the selling of goods at auction without a licence; and s. 38 of the Forests Act 1967 relating to a forest officer selling forest produce without a licence.

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SECOND SCHEDULE

BUSINESS OR CALLING

ITEM

Section 4

31. Abattoir proprietor, but not including the retail selling of meat to the public unless the licensee is also the holder of a butcher's licence.

32. Accommodation housekeeper, provided that a licence shall not be necessary in respect of an accommodation house engaged solely for children attending schools.

33. Airways agent.

34. Amusement caterer, meaning the business of conducting or operating any circus, merry -go-round, swing, bowling alley, shooting gallery, hoop-la stand, and/or any other device, scheme, or game of a similar nature in which the public are invited to take part for their entertainment or amusement. The licensee shall be entitled to carry on his business at the premises described in the licence and at any other place the Commissioner may endorse thereon, but the licensee shall not be entitled to carry on his business at 2 or more places at the same time unless he is the holder of separate licences covering each place.

35. Baker, meaning the business of making and/or selling bread, cakes and other locally cooked goods of a similar nature, except that the holder of a general storekeeper’s licence shall be entitled to sell bread and baked goods during regular working hours...at the premises described in the license without being also required to obtain a baker’s licence.

36. Banker

37. Billiard saloon proprietor.

38 Bookbinder, but no fee shall be payable by the holder of a printer’s licence.

39. Butcher, meaning the business of a purveyor of meats of all descriptions, poultry, fish, shellfish, vegetables, and/or small goods not preserved by canning or by any similar process, and butter and eggs.

40. Cartage contractor.

41. Chemist, meaning the business of dispensing prescriptions and preparing medicine, with power to sell the same and all medical or surgical goods and appliances, drugs, toilet requisites, perfumes, and prepared or patent medicines without being also required to obtain a general storekeeper’s licence.

42. Commission agent, being a person in possession of authority to act as agent for another in trade, and who is remunerated on a commission basis and is not the holder of an agent’s licence specifically referred to elsewhere in the Schedule:

Provided that an agent holding goods for sale in his own behalf shall also be the holder of the requisite specific licence required by this Ordinance:

Provided further that such an agent desiring to hold for sale goods on behalf of a principal or principals shall apply also for the requisite specific licence to be issued in the name of each such principal.

43. Copra drier, meaning the business of selling confectionery and/or sweets of all descriptions for consumption on or off the premises, ice cream, or soft drinks; but no fee shall be payable by the holder of a restaurant-keeper’s or general storekeeper’s licence.

44. Confectioner, meaning the business of selling confectionery and/or sweets of all descriptions for consumption on or off the premises, ice cream, or soft drinks; but no fee shall be payable by the holder of a restaurant-keeper’s or general storekeeper’s licence.

45. Cordial, aerated and/or mineral water, and/or soft drink manufacturer.

46. Dairy Proprietor.

47. Garage proprietor, with power to sell motor vehicles and/or machinery, parts of motor vehicles and/or machinery and accessories, and petrol and/or oil therefor without being also required to obtain a general storekeeper’s licence.

48. General Storekeeper, meaning the business of:

(a) Selling foodstuffs, merchandise, and chattels of every description (except livestock and birds, Samoan foodstuffs as defined by [the Samoan Market Ordinance 1927] and amendments thereto, and articles made by Samoans according to the arts and crafts of Samoan people); but does not mean the selling of meat, small goods, fish and/or shellfish unless the licensee is the holder of a butcher’s licence.

(b)Buying for cash or by way of barter copra, cocoa beans, bananas, bêche-de-mer, papain, or taro (or any other produce of Western Samoa which the Minister may by notice in the Western Samoa Gazette declare to be added to the foregoing) for the purpose of reselling the same in Western Samoa or of exporting the same therefrom:

[Provided that a licensee buying copra or dry cocoa beans for export shall also obtain a copra buyer's or dry cocoa buyer's licence respectively as prescribed under the Copra Ordinance 1948 or the Cocoa Export Ordinance 1961]

49. Hairdresser.

50. Ice manufacturer and/or vendor.

51. Ice cream manufacturer, but no licence fee shall be payable by the holder of a confectioner's, restaurant-keeper's, or general storekeeper's licence where ice cream is manufactured for sale by the holder of such licence solely to consumers and not to other licensees.

52. Launderer and/or dry cleaner other than an individual Samoan.

53. Milk vendor, but no licence fee shall be payable by the holder of a dairy proprietor's or ice cream manufacturer's licence.

54. Picture theatre proprietor, meaning the business of exhibiting cinematograph films:

Provided that, in the case of a mobile cinema, a licence shall be obtained for every site at which films are exhibited.

55. Printer, meaning the business of a printer and publisher with power to sell printed matter and general stationery without being also required to obtain a general storekeeper's licence.

56. Professional entertainer, including the promoter, producer, or manager of any business supplying public entertainment to which persons are admitted for payment, if any person performing or participating therein receives directly or indirectly any fee, reward, or other pecuniary consideration; and includes any boxing match or wrestling match or exhibition of boxing or wrestling; but does not include the exhibition of a cinematograph film or any entertainment the proceeds or the net proceeds of which are devoted to charitable, philanthropic, or educational purposes in Western Samoa.

57. Restaurant-keeper, meaning the business of selling meals, light refreshments, and/or soft drinks, either for consumption on the premises described in the licence or to be served from the said premises in a condition for immediate consumption elsewhere, but no licence fee shall be payable by the holder of an accommodation housekeeper's licence.

58. Saddler and/or bootmaker, with power to sell all leather goods without being also required to obtain a general storekeeper's licence.

59. Sawmiller.

60. Shilling agent, meaning the agent in Western Samoa of the owner of any ship or line of ships....

61. Soap, oil, and/or perfume manufacturer, with power to sell such products without being also required to obtain a general storekeeper's licence.

62. Stationer and/or bookseller, but no licence fee shall be payable by the holder of a general storekeeper's licence.

63. Stevedoring, meaning the business of loading and unloading ships.

64. Tobacconist, meaning the business of selling pipes, tobacco, cigars, cigarettes, cigarette papers, and matches; but no licence fee shall be payable by the holder of a confectioner's or general storekeeper's licence.

65. Tailor and/or dressmaker, but no licence fee shall be payable by the holder of a general storekeeper's licence in respect of premises already licensed as a store.

66. Tyre retreader, with power to sell tyres and tubes for vehicles without being also required to obtain a general storekeeper's licence.

[67. Any offensive trade within the meaning of the Health Amendment Act 1965.]

In item 35 the words "as defined by the Shopping Hours Ordinance 1931" were omitted by s. 22 (a) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

As to item 37, see s. 14 of the Police Offences Ordinance 1961.

In item 48 (a) the reference to the Samoan Market Ordinance 1927 has been substituted for a reference to the Native Market Ordinance 1927 pursuant to s. 3 (f) of the Reprint of Statutes Act 1972.

In item 48 (b), the proviso was substituted for the original proviso by s. 22 (b) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

In item 60 the words "other than a home trade ship or an inter-island trade ship as defined by the Port Control Ordinance 1932" were omitted by s. 22 (c) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

Item 67 was added by s. 3 of the Business Licences Amendment Act 1965.

As to licences for foreign fishing vessels, see the Exclusive Economic Zone Act 1977, and s. 1 (2) of that Act.

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THIRD SCHEDULE

BUSINESS OR CALLING

ITEM

Section 15

FEE

PER DAY

$

81. General Storekeeper......................................................... [1]

82. Restaurant -keeper........................................................... [1]

83. Tobacconist................................................................... [1]

84. Confectioner.................................................................. [1]

In items 82, 83 and 84 the fees of $1 were substituted for 50 sene (as amended by s. 5 of the Decimal Currency Act 1966) by s. 4 of the Business Licences Amendment Act 1964.

Section 23 (1)

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FOURTH SCHEDULE

ENACTMENTS REPEALED

1929, No. 6-

The Revenue Ordinance 1929: Part IV and the Second Schedule; also so much of section 2 as contains definitions or words and phrases applicable exclusively to the said Part IV and the said Second Schedule.

1936, No. 3-

The Revenue Amendment Ordinance 1936: Sections 8, 10, 11, 12, 15, 16, and Second Schedule; also so much of section 2 as contains definitions of words and phrases applicable exclusively to the enactments repealed by this Ordinance.

1937, No. 5-

The Revenue Amendment Ordinance 1937: Section 4.

1941, No. 1-

The Revenue Amendment Ordinance 1941: Section 14.

1955, No. 12-

The Finance Ordinance (No. 2) 1955: Sections 4, 5, 6, and 7.

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THE BUSINESS LICENCES AMENDMENT ACT 1964

1964, No. 19

An Act to amend the Business Licences Ordinance 1960

[30 December 1964]

1. Short title -This Act may be cited as the Business Licences Amendment Act 1964, and shall be read together with and be deemed part of the Business Licences Ordinance 1960 (hereinafter referred to as the principal Ordinance).

2. Commencement -This Act shall come into force on the 1st day of January 1965.

3. Impliedly repeated by s. 2 of the Business Licences Amendment Act 1977.

4. This section amended the Third Schedule to the principal Ordinance.

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THE BUSINESS LICENCES AMENDMENT ACT 1965

1965, No. 19

An Act to amend the Business Licences Ordinance 1960 in relation to offensive trades

[15 October 1965]

1. Short title -This Act may be cited as the Business Licences Amendment Act 1965, and shall be read together with and be deemed part of the Business Licences Ordinance 1960 (hereinafter referred to as the principal Ordinance).

2. This section amended the proviso to s. 6 (2) of the principal Ordinance.

3. This section added item 67 to the Second Schedule to the principal Ordinance.

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THE BUSINESS LICENCES AMENDMENT ACT 1977

1977, No. 6

An Act to amend the Business Licences Ordinance 1960

[25 August 1977]

1. Short title and commencement - (1) This Act may be cited as the Business Licences Amendment Act 1977, and shall be read together with and be deemed part of the Business Licences Ordinance 1960 (hereinafter called the principal Ordinance).

(2) This Act shall come into force on the 1st day of January 1978.

2. This section amended s. 4 (1) of the principal Ordinance.

3. (a) This paragraph amended s. 11 (2) of the principal Ordinance.

(b) This paragraph added subss. (3) and (4) to s. 11 of the Principal Ordinance.

4. This section amended s. 14 (2) of the principal Ordinance.

5. This section amended s. 20 (2) of the principal Ordinance.

6. This section amended s. 22 (2) (f) of the principal Ordinance.

The Business Licences Ordinance 1960 is administered in the Inland Revenue Department.

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