CROSS RIVER – LICENSING OF BUSINESS PREMISES LAW

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CROSS RIVER STATE LAWS

CHAPTER L13

LICENSING OF BUSINESS PREMISES LAW

ARRANGEMENT OF SECTIONS

SECTION

  1. License to be obtained to carry on a business to which this Law applies.
  2. Licensing authority.
  3. Application for licence.
  4. Form and duration of licences.
  5. Licensing fees.
  6. Licensing fee to form part of revenue of the State.
  7. Power to refuse to issue, renew a licence or to revoke a licence already issued.
  8. Classification of business.
  9. Offences.
  10. Power to make regulations.
  11. Ministry of Local Government to administer this Law.
  12. Interpretation.
  13. Citation.

 

SCHEDULES

SCHEDULE 1

Fees Payable

SCHEDULE 2

Forms

SCHEDULE 3

Range of Fees

CHAPTER L13

LICENSING OF BUSINESS PREMISES LAW

A Law to provide for the licensing of premises on which certain kinds of business are carried on.

(1st April, 1973)

[Commencement]

  1. Licence to be obtained to carry on a business to which this Law applies

(1)     Subject as hereinafter appearing, no person shall carry on a business to which this Law applies unless he obtains a licence in respect of the premises or a set of premises on which he carried on such business.

(2)     A business to which this Law applies is one relating to or connected with the matters specified in Schedule 1 hereto.

(3)     A person required under the provisions of this Law to obtain a licence, shall, within thirty days of the publication in the Gazette of this Law, obtain licence in the form specified in Schedule 2 hereto.

  1. Licensing authority

(1)     The Secretary to the Local Government is hereby appointed a licensing authority for the purposes of this Law in respect of the area of authority of the Local Government; and he may delegate any or all of his functions under this Law to such persons not below the rank of Development Officer as in his opinion are capable of satisfactorily discharging any or all of those functions.

(2)     Without prejudice to a delegation under subsection (1) of this section, a licensing authority may himself perform any or all of those functions.

(3)     A licensing authority may grant a licence specifying the name of the applicant, his residence and place of business, which shall have effect in respect of the business specified therein and shall be in the form specified in section 4 below.

(4)     A person may carry on his business at one or more premises but a separate licence shall be obtained in respect of each of such premises.

  1. Application for a licence

Application for a licence shall be made in duplicate to the licensing authority of the area in which the premises of the applicant are situated and shall be in the Form A in Schedule 2.

  1. Form and duration of licences

(1)     A licence shall be in the Form B in Schedule 2.

(2)     A licence obtained under the provisions of this Law shall, unless revoked or forfeited, be valid for one year: Provided that no such licence shall be valid after the 31st day of December in each year.

  1. Licensing fees

The fee for the issue of a licence for the first time or of each renewal thereof shall be as shown in Schedule 1 to this Law.

  1. Licensing fee to form part of revenue of the State

Licence fees payable under this Law shall accrue to and form part of the revenue of the State.

  1. Power to refuse to issue, renew a licence or to revoke a licence already issued

(1)     A licensing authority may refuse to issue a licence or renew a licence that has expired and may revoke a licence that has been issued or renewed: Provided that reasons therefor are given in writing to the applicant or, as the case may be, to the licensee.

(2)     Any person aggrieved by such refusal or revocation may appeal to a magistrate’s court.

  1. Classification of business

(1)     Where fees payable under Schedule 1 to this Law fall within any particular range shown in that Schedule, then, for the purpose of ascertaining the actual fee payable in each such case, a business to which this Law applies shall be in category I, II or III, and the table in Schedule 3 to this Law shall apply and the fees therein specified shall become payable.

(2)     For the purposes of subsection (1) above, a business shall be—

(a)     in category I, if it is being carried on by not more than two persons;

(b)     in category II, if it is being carried on by three persons;

(c)     in category III, if it is being carried on by more than three persons.

  1. Offences

(1)     Any person carrying on any business to which this Law applies without a licence or contravening any provision of this Law shall be guilty of an offence under this Law and liable on summary conviction by a magistrate’s court to a fine not exceeding fifty naira or to a term of imprisonment not exceeding three months or to both.

(2)     Any applicant for a licence under this Law who with intent to pay a lower licence fee than is otherwise payable understates the number of persons carrying on any business to which this Law applies shall be deemed to be guilty of contravening a provision of this Law within the meaning of subsection (1) above and shall be liable to be proceeded against and punished accordingly; and shall in addition be liable to pay the licence fee due.

  1. Power to make regulations

(1)     The Governor may make regulations for the general purposes of this Law and may in particular—

(a)     alter any or all of the provisions of the Schedules hereto;

(b)     provide for further control of business premises;

(c)     add to, or delete from, the relevant Schedule the name of any particular business premises;

(d)     prescribe penalties not inconsistent with the provisions of this Law for offences against any regulation made thereunder; and

(e)     remit, reduce or increase the fees specified in this Law.

(2)     The Governor may delegate any or all of his functions under this Law to such person or persons as he thinks fit, and without prejudice to such delegation he may himself perform any or all of those functions.

  1. Ministry of Local Government to administer this Law

The due administration of this Law is hereby vested in the Ministry of Local Government.

  1. Interpretation

In this Law unless the context otherwise provides—

“businessman” means a person carrying on a business to which this Law applies;

“licensing authority” means a secretary to a local government appointed by section 2 (1) of this Law to be a licensing authority;

“licence” means a licence issued or renewed in the form specified in section 4 of this Law;

“premises” includes a house or building or any part thereof together with its grounds or other appurtenances, and land without any building thereon on which a person carries on his business;

“the State” means Cross River State of Nigeria.

  1. Citation

This Law may be cited as the Licensing of Business Premises Law.

 

SCHEDULES

SCHEDULE 1

[Sections 1 and 5.]

Description of Premises to be licensed                                                Fees for Issue or                                                                                              Renewal of Annual                                                                                                    Licence

  1. Premises used as a motor mechanic’s workshop ……………… ₦10.00
  2. Premises used as a tinker’s workshop ……………………………. ₦2.00
  3. Premises used a bicycle repair workshop ………………………… ₦2.00
  4. Premises used as a radio mechanic’s workshop ………….. ₦2.00 to ₦5
  5. Premises used as an electrical mechanic’s workshop …………. ₦10.00
  6. Premises used as a blacksmith’s workshop ……………………… ₦2.00
  7. Premises used as a barber’s saloon or workshop (howsoever described) …………………………………………………………………………………………………………… ₦2.00
  8. Premises used as a tailor’s workshop ……………………………… ₦2 to ₦10
  9. Premises used as a carpenter’s workshop …………………………….. ₦2.00
  10. Premises used as a carpenter’s workshop (furniture makers) ………….. ₦10.00
  11. Premises used as a clock or watch repair workshop ……………………….. ₦2.00
  12. Premises used as s welder’s workshop ……………………………………….. ₦2.00
  13. Premises used as typewriter repair workshop ……………………………….. ₦2.00
  14. Premises used as an artist’s workshop ………………………………………… ₦2.00
  15. Premises used for the storing, purchasing and/or treating of produce..₦5 to ₦20
  16. Premises used as a hairdresser’s saloon or workshop (howsoever described) ………………………………………………………………………………………………………………………… ₦10.00
  17. Premises used as printing workshop ………………………………………. ₦2 to ₦20
  18. Premises used as a shoe repair workshop or cobbler’s workshop (howsoever

described) ……………………………………………………………………………… ₦10.00

  1. Premises used as a shoe manufacturer’s workshop ……………………….. ₦10.00
  2. Premises (other than a market stall) used as a timber merchant’s workshop …………………………………………………………………………………………………………………… ₦2 to ₦10
  3. Premises used as ironworks workshop ………………………………………. ₦10.00
  4. Premises used as a sawyer’s workshop ……………………………………….. ₦2.00
  5. Premises used as a builder’s workshop or office ………………………. ₦10 to ₦50
  6. Premises used as a painter’s workshop ………………………………………. ₦2.00
  7. Premises used as poultry or a piggery ………………………………………… ₦2.00
  8. Premises used as a Block Moulding workshop …………………………. ₦10 to ₦20
  9. Premises used as a Bakery ………………………………………………….. ₦2 to ₦10
  10. Premises used as a Petrol filling Station …………………………………….. ₦10.00
  11. Premises used as a Supermarket ………………………………………….. ₦5 to ₦20
  12. Premises used as an Oil Mill ………………………………………………… ₦2 to ₦10
  13. Premises used as a Cinema House ……………………………………………. ₦10.00
  14. Premises used as a Mercantile House …………………………………… ₦10 to ₦25
  15. Premises used as a Shop ……………………………………………………. ₦2 to ₦10
  16. Premises used for business other than those herein contained ………. ₦2 to ₦10

 

SCHEDULE 2

[Section 3.]

FORM A

CROSS RIVER STATE OF NIGERIA

LICENSING OF BUSINESS PREMISES LAW

Application for the Issue or renewal of a Licence

  1. Full name of applicant ………………………………………………………………………..
  2. Age of applicant ……………………………………………………………………………..
  3. (a) Full address of the premises for which licence is desired ………………………..

(b) Full address of resident of applicant …………………………………………………….

  1. (a) Whether applicant has previously made an application for licence ……………..
  2. If the application is for renewal, the number of the existing licence ……………….
  3. Number of persons carrying on the business ……………………………………………
  4. The full names and addresses of all:

(a)     Indentured apprentices …………………………………………………………

(b)     Employees at the time of application …………………………………………

  1. (a) Has the applicant been convicted? ………………………………………….

(b)     If so, where? …………………………………………………………………….

(c)     Place of conviction ………………………………………………………………

(d)     Nature of the offence committed …………………………………………….

(e)     Penalty imposed ………………………………………………………………… Date ………………………………….. , 20 …………

……………………………………………..                     Signature of applicant

 

 

FORM B

[Section 4.]

CROSS RIVER STATE OF NIGERIA

LICENSING OF BUSINESS PREMISES LAW

Business Premises Licence

Licence No. ……………………………………………………………………………………….

Licence is hereby granted/renewed to ………………………………………………………

(Full name)

of ………………………………………………………………………………………………….

(Full address of residence)

in respect of ……………………………………………………………………………………..

(Type of business)

carried on at ……………………………………………………………………………………..

(indicate and describe premises in full giving particulars of name, situation or other means of identification)

Dated at ……………………. this ……….. day of ……………………….. , 20………….

This licence will expire on the ………….. day of ………………………… , 20 …………

Fee – Issue/Renewal …………….. ₦ k

…………………………………………….                     Licensing Authority for

…………………………….. Local Government Area.

 

 

SCHEDULE 3

Fees Payable in respect of each Category of Business

[Section 8]

Range of Fees specified in Schedule 1                      Category    Category        Category                                                                               I                  II                 III

₦2.00 to ₦5.00 ………………………………              ₦2.00           ₦3.50         ₦5.00

₦2.00 to ₦10.00 …………………………….               ₦2.00          ₦6.00        ₦10.00

₦2.00 to ₦20.00 …………………………….               ₦2.00         ₦11.00       ₦20.00

₦5.00 to ₦20.00 …………………………….                ₦5.00        ₦12.50       ₦20.00

₦10.00 to ₦20.00 …………………………..               ₦10.00       ₦15.00       ₦20.00

₦10.00 to ₦25.00 …………………………..               ₦10.00       ₦17.50       ₦25.00

₦10.00 to ₦50.00 …………………………..               ₦10.00       ₦30.00       ₦50.00

 

CHAPTER L13

LICENSING OF BUSINESS PREMISES LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

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