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EXTRAORDINARY

OFFICIAL GAZETTE
THE BAHAMAS
PUBLISHED BY AUTHORITY

NASSAU 11th August, 2010 (A)

BUSINESS LICENCE ACT, 2010

Arrangement of Sections

Section

Short title and commencement.........................................................3
Interpretation...................................................................................3

PART I – ISSUANCE OF LICENCES AND ASSESSMENT 6
3. Licence required to carry on a business..............................................6
4. Business licence approval.................................................................7
5. Temporary licence............................................................................8
6. Occasional licence............................................................................8
7. Duties and powers of Secretary.........................................................9
8. Rates of business licence tax.............................................................9
9. Furnishing of particulars and inspections..........................................9
10. Assessment and audit......................................................................10
11. Notice of objection to Secretary’s assessment..................................11
12. Appeals..........................................................................................11
13. Certain activities exempt from licence requirement.........................12
14. Minors not to be employed in direct sale of restricted goods............13
15. Record and validity of licences.........................................................13
16. Copies and replacement of licences...............................................13
17. Display, inspection and production of licence.................................14
18. Register of licensees.......................................................................14
19. Payment and recovery of taxes.......................................................14
20. Refunds..........................................................................................15

PART II – APPROVAL OF BUSINESS NAMES 15
21. Secretary to approve all business names..........................................15
22. Prohibited business names...............................................................16
23. Publication of business names.........................................................17

PART III – ESTABLISHMENT AND FUNCTION OF THE BUSINESS LICENCE REVIEW BOARD 18
24. Establishment.................................................................................18
25. Constitution and Procedure..............................................................18

PART IV – OFFENCES, PENALTIES AND POWERS 19
26. Offences........................................................................................19
27. Offences by corporations and firms..................................................22
28. Compounding offences....................................................................22
29. Procedure and powers in respect of offences relating to the sale of liquor and public entertainment..................................................23

PART V – MISCELLANEOUS 24
30. Regulations...................................................................................24
31. Derogation.....................................................................................25
32. Expenses under the Act..................................................................25
33. Confidentiality...............................................................................25
34. Proof of issue of licence................................................................26
35. Taxes paid for licences...................................................................26
36. Exemptions....................................................................................26
37. Savings and transitional provisions..................................................27
38. Repeals and amendments...............................................................28

FIRST SCHEDULE (SECTION 8) 29
BUSINESS LICENCE TAXES 29
PART I – GENERAL 29
PART II – BANKS AND TRUST COMPANIES TAXES 31
PART III – INSURANCE TAXES 32
PART IV – TELECOMMUNICATIONS SERVICES 32

SECOND SCHEDULE (SECTIONS 2 AND 14) 33
LIST OF RESTRICTED GOODS 33

THIRD SCHEDULE (SECTION 42) 34
ENACTMENTS AMENDED 34

No. 25 of 2010
BUSINESS LICENCE ACT, 2010

AN ACT TO REQUIRE BUSINESSES TO HOLD A BUSINESS LICENCE, TO REPEAL THE BUSINESS LICENCE ACT, CHAPTER 329 AND FOR CONNECTED MATTERS

[Date of Assent - 11th August, 2010]
Enacted by the Parliament of The Bahamas

1. Short title and commencement.

(1) This Act may be cited as the Business Licence Act, 2010.
(2) This Act shall come into force on the 1st day of January, 2011.

2. Interpretation.

In this Act, unless the context otherwise requires —

“Bahamian” means —
(i) a citizen of The Bahamas or a permanent resident with right to work in The Bahamas; (ii) a company registered under the Companies Act (Ch. 308) in which one hundred per centum of the shares are beneficially owned by Bahamians and which is not in any manner directly or indirectly controlled by any person who is not a Bahamian; (iii) a partnership, the partners of whom are citizens of The Bahamas or permanent residents with the right to work;

“beneficially owned” has the exact meaning as is shown in section 300 of the Companies Act (Ch. 308) which states that a share shall be deemed to be beneficially owned if — (a) it is owned by a Bahamian as trustee and every person having a beneficial interest in the trust is a Bahamian;

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(b) it is owned by a Bahamian as nominee for another who is a Bahamian and no one is in any way under any obligation to or otherwise may exercise any right attaching to the share at the instance of or for the benefit of any person who is not a Bahamian;

“business” includes a profession, calling, vocation, occupation, trade, manufacture or undertaking of any kind, an adventure or concern in the nature of trade, for the purpose of creating a turnover;

“business licence” means a licence issued under section 4;

“business name” means the name or style under which any business is carried on, whether in partnership or otherwise;

“carries on” in relation to a sales business means to sell, offer or expose for sale, either by wholesale or by retail, or for consumption on or off the premises, any goods or articles of merchandise including food and liquors;

“corporation” means a company registered under the Companies Act (Ch.308) or the International Business Companies Act, (Ch.309);

“firm” means an unincorporated body of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations, who have entered into partnership with one another with a view to carrying on business for profit;

“foreign person” means —
(i) a person who is not a citizen of The Bahamas or a permanent resident with a right to work in The Bahamas; (ii) a company incorporated in The Bahamas under the Companies Act (Ch. 308) where any of its shares or other capital is beneficially owned by a person who is not a citizen or where it is in any manner, whether directly or indirectly, controlled by one or more of these persons; or (iii) a company incorporated at any place outside The Bahamas;

“franchise” means a form of business organisation in which a firm which already has a successful product or service, the grantor of the franchise, enters into a continuing contractual relationship with other businesses operating under the grantor's trade name and usually with the grantor's guidance in exchange for a fee;

“gross profit” means, in relation to a business, the turnover of that business less the costs incurred producing that turnover;

“hotel” means any premises within The Bahamas licensed as a hotel under the Hotels Act (Ch. 288) or any other law;

“initial” includes any recognised abbreviation of a given name;

“licence” means a licence issued under sections 4, 5 or 6;

“licensee” means a holder of a licence issued under this Act;

“licensed premises” means any building, dwelling house, outhouse or outbuilding room, office, booth, tent, vessel, ship or other structure, garden, park or other place, specified in the licence of a licensee as the place where he may carry on his business;

“liquor(s)” means every description of alcoholic spirits, wines, ale, beer, porter, stout, cider, perry and other malt liquor, and any fermented or distilled liquor;

“Minister” means the Minister responsible for Business Licences;

“occasional licence” means a licence issued under section 6;

“passenger” means any person carried in a ship with a return ticket and who resides on such ship while the ship is in port;

“practices or carries on” in relation to a services business means rendering services in relation to a particular profession, calling, vocation or occupation, including the holding out of oneself as qualified or willing to render services, peculiar to that profession, calling, vocation or occupation;

“regulated business” means a business the carrying on of which is subject to a licence or approval being granted pursuant to an application made under any other law;

“repealed Act” means the Business Licence Act (Ch. 329);

“restricted goods” means the goods listed in the Second Schedule;

“Review Board” means the Business Licence Review Board established under section 24;

“sales business” means a business selling, offering or exposing for sale, either by wholesale or by retail, or for consumption on or off the premises, any goods or articles of merchandise including food and liquors;

“Secretary” means any person holding the public office of Secretary of Revenue and includes any person authorized in writing by the Secretary to perform any of the functions conferred on the Secretary by this Act;

“services business” means a business rendering services in relation to a profession, calling, vocation or occupation including holding out oneself as qualified or willing to render services peculiar to that profession, calling, vocation or occupation;

“show-cards” means cards containing or exhibiting articles dealt with by a business or samples or representations of such articles;

“tax” means a tax payable in respect of a business licence granted under this Act;

"temporary business" means a business undertaking in respect of the execution of a specific contract for a specified period not exceeding three years;

"temporary licence" means a licence issued under section 5;

"turnover" means the total revenues in money or money's worth accruing to a person for his own use and benefit from his business activities within The Bahamas during the preceding year or any part thereof or in such other accounting period as the Secretary may allow, including all cash, credit sales and commissions without any deductions whatsoever.

PART I – ISSUANCE OF LICENCES AND ASSESSMENT

3. Licence required to carry on a business.

(1) No person shall carry on a business within The Bahamas without the grant of a licence duly issued to him in accordance with the requirements of this Act.

(2) Subject to subsection (3), every person who at the time this Act comes into force carries on any business pursuant to a licence issued under the repealed Act shall — (a) be deemed to be licensed under this Act for a period of ninety days beginning with the date of commencement of this Act unless he has ceased business; (b) before the expiry of the 90 days referred to in (a), bring his business into compliance with the requirements of this Act and submit an application and pay the tax as prescribed for a business licence for the current year; and (c) before the 31st December of every succeeding year, submit financial results to the Secretary in the form prescribed together with the prescribed application and payment of the relevant tax.

(3) Subject to this Act, where a person intends in any year after this Act comes into force to commence carrying on a new business or a new branch of an existing business he shall apply as prescribed for a business licence to — (a) the Secretary, if the business is located in New Providence; (b) an officer in the Business Licence Office or Public Treasury, if the business is located in the Family Islands; or (c) the office of the Administrator, where there is no Business Licence Office or Public Treasury.

(4) Every applicant for a licence under this Act shall complete and submit a form as prescribed in the regulations together with the tax as set out in the First Schedule.

(5) Subject to subsection (3) of section 21, every licensee shall complete and submit a form as prescribed in the regulations within fourteen days, or such longer period as the Secretary may allow, of — (a) any change of particulars or amendment of a licence; or (b) the inactivation or cessation of a business.

(6) Where an application is made in respect of a regulated business, the application shall be accompanied by a grant of approval in writing made under the other law regulating that business.

(7) A licence granted and issued under this Act shall state the activities for which the business is licensed.

4. Business licence approval.

(1) The Secretary shall grant a licence to the applicant under this section within seven working days of receipt of his application where the conditions of section 3 and the provisions of this section have been met.

(2) The Secretary shall not grant a licence to a foreign person unless such application has received the approval of the Minister of Finance.

(3) For purposes of clarity, a new business shall be deemed to be a continuation of a business previously carried on if — (a) the applicant is a new franchise holder and the original franchise owner carried on the business activity for any prior period; (b) the new business is under the direction or control of substantially the same persons as the business previously carried on; or (c) the new business is substantially the same concern or enterprise as the business previously carried on.

(4) A licence in respect of a regulated business granted under any other law regulating that business shall be deemed to include a condition that such licence is of no effect if the holder of the licence is not a licensee under this Act.

(5) Subject to the provisions of this section, the Secretary shall in granting and issuing a licence to carry on a business specify in the licence the terms, conditions and restrictions, if any, to which the licence is subject.

(6) The Secretary shall, not, unless an arrangement has been made to pay the amounts outstanding to the appropriate authorities, grant a licence to the applicant in any case where —

(a) any fees under the repealed Act, or taxes under this Act, or National Insurance contributions under the National Insurance Act (Ch. 350), are outstanding;

(b) all taxes due and payable under the Real Property Tax Act (Ch. 375) in respect of the property or premises on which a business of the applicant is located have not been paid and the applicant is the owner of such property or premises;

(c) the applicant is a franchise holder and any fees under the repealed Act, or taxes under this Act, or National Insurance contributions under the National Insurance Act (Ch. 350), are outstanding in respect of any business or premises subject to the franchise, whether carried on by another franchise holder or by the grantor of the franchise.

5. Temporary licence.

(1) A foreign person who contracts to carry out a business shall make application as prescribed for a temporary licence prior to the commencement of any such contract.

(2) A foreign person shall, prior to the issuance of a licence, pay a tax of 1 ½ % of the value of the contract.

(3) The Secretary shall not grant or issue a temporary licence — (a) if the applicant has failed to pay all licence fees outstanding under any previous licence; (b) unless the application has received the approval of the Minister of Finance.

(4) A foreign person who carries on a business without the grant of a temporary licence commits an offence.

6. Occasional licence.

(1) Subject to the provisions of this section, the Secretary may, upon application made in the prescribed form and payment of the prescribed tax, grant an occasional licence to an applicant — (a) to carry on a sales business; (b) to act as a travelling salesman; (c) to stage a business event at any place or premises of public dancing, singing, music or other like public entertainment; (d) to stage a trade show or expo; (e) to vend at a regatta, a farmer's market or other like national or community event.

(2) The Secretary may grant a licence to an applicant pursuant to subsection (1)— (a) for any period not exceeding seven days; (b) for a maximum of four times per year; and (c) upon such terms, conditions and subject to such restrictions, if any, as the Secretary deems fit and proper in the circumstances.

(3) For the purposes of this section “travelling salesman” means a non-resident individual who solicits or receives orders for anything capable of being sold, bartered, traded in or exchanged for account of any person, firm or corporate body outside The Bahamas.

(4) An occasional licence granted by the Secretary for the retail supply of liquor shall state the place and specify the hours during which such liquor may be supplied.

(5) Any place or premises used or kept to carry on the business of public entertainment without the grant of a licence shall be deemed of disorderly character and the person occupying or in charge of such places or premises shall have committed an offence.

Duties and powers of Secretary.
(1) The Secretary may at any time for breach of a condition or misrepresentation made by an applicant for grant or renewal of a licence, or for other good cause being shown, suspend, revoke, amend or cancel a licence issued under this Act or impose restrictions and conditions on a licence.

(2) The Secretary shall, before suspending, revoking, amending or cancelling a licence or imposing conditions or restrictions on a licence, afford the licensee an opportunity to answer any complaint made against him and to explain why his licence ought not to be revoked, amended, cancelled or restricted.

Rates of business licence tax.
(1) A business shall pay a tax according to the appropriate rates as set out in the First Schedule.
(2) The Minister may by order amend the First Schedule.
Furnishing of particulars and inspections.
(1) The Secretary may by notice in writing require any business or person to whom this Act applies to furnish within a specified time any particulars in writing the Secretary requires to assist him in the administration or enforcement of the relevant sections of this Act.

(2) Subject to subsection (3), every person who carries on a business shall— (a) maintain accounts and records of the activities of the business; (b) maintain accounts and records in respect of any transaction relating to the business for a period of not less than five years from the date of the transaction; and (c) permit the Secretary to enter any licensed or other premises occupied for the purpose of the business and to the extent necessary for the purpose of sections 4, 5 and 10 to inspect and take copies of books, records, accounts or other documents in hard copy or digital form in relation to the business, kept in the said premises.

(3) A person whose business turnover does not exceed $50,000.00 per annum shall not be required to maintain accounts and records under this section.

Assessment and audit.
(1) Where the applicant for a licence has tendered a sum of money pursuant to sections 5 and 8 respectively, the Secretary may proceed to make an assessment of the tax payable by that applicant for the licence— (a) in the case of a sum tendered pursuant to section 8, within three years of the date of issue of the business licence; or (b) in the case of a sum tendered for a temporary licence pursuant to section 5, within two weeks of the completion of the project.

(2) After the Secretary has made an assessment pursuant to subsection (1), he shall issue a notice of the assessment to the licensee and, thereafter, in keeping with that assessment demand payment by, or effect a refund of any sum due to, the licensee.

(3) The assessment under subsection (1) shall comprise an audit including— (a) an examination of overdue debts, if any; (b) the verification of cash balances and securities; (c) a valuation of the assets and liabilities of the person who carries on the business; and (d) an examination of turnover.

(4) Notwithstanding subsection (1), the Secretary may proceed to make an assessment and audit in accordance with the provisions of this section where— (a) no notice of inactivation has been given; (b) no money has been tendered for the renewal of an annual business licence; or (c) no financial results have been submitted for a business pursuant to subsection (2) of section 3.

(5) The Secretary and every other person authorized to audit the accounts of a business shall have power at the time of the audit — (a) to summon any person whom he has reason to believe can give material information regarding any transaction relating to the business or the management of its affairs to give such information; and (b) to require the production of any book or document relating to the affairs of the business by any person in possession of such book or document.

(6) The Secretary may outsource the audit function to a firm of public accountants or to any public accountant licensed to practice under the Public Accountants Act and the costs associated therewith shall be borne by the business.

Notice of objection to Secretary's assessment.
(1) A licensee who is aggrieved as to the assessment of the tax he is required to pay for a licence, may within twenty-one days after the receipt of the notice of the assessment, apply to the Secretary, by notice of objection in writing, for a review and revision of the assessment. (2) A notice of objection shall state the grounds of objection to the assessment and shall be accompanied by the total amount of the tax assessed by the Secretary as a deposit. (3) The Secretary shall as soon as practicable consider the objection and may decide to allow or disallow it but the Secretary shall first afford the licensee an opportunity to attend before him and to produce such evidence, including any books or documents the licensee may have in his possession or under his control, as may be relevant to the objection. (4) The Secretary shall dismiss an application made under subsection (1) if it is not accompanied by the deposit referred to in subsection (2). (5) The Secretary shall give a licensee written notice of his decision made under subsection (3).
Appeals.
(1) A person who is aggrieved by a decision of the Secretary to refuse the grant of a licence under sections 4 and 5 or to dismiss an application or disallow an objection under section 11 may, within twenty-one days after he receives the notice of the decision, appeal to the Review Board against that decision by serving on the Secretary a notice in the prescribed form of his intention to appeal and of the grounds of appeal signed by his counsel and attorney or by himself.

(2) Any person who objects to a decision of the Secretary to grant a licence under sections 4 and 5 or to allow an objection under section 11 may, within twenty-one days of the decision by the Secretary, appeal to the Review Board against that decision by serving on the Secretary a notice in the prescribed form of his intention to appeal and of the grounds of appeal signed by his counsel and attorney or by himself. (3) Any person aggrieved by a decision of the Secretary under subsection (1) of section 21 may appeal to the Review Board against that decision by serving on the Secretary a notice in the prescribed form of his intention to appeal and of the grounds of appeal signed by his counsel and attorney or by himself. (4) The Secretary shall, upon receiving a notice of appeal under this section, transmit to the Review Board a copy of his decision and all papers relating to the appeal. (5) Notice of the date of the hearing of an appeal fixed by the Review Board shall be given to the parties. (6) Upon the hearing of an appeal the Review Board may make such order, including an order for costs, as it thinks just and by such order exercise any power which the Secretary might have exercised and such order shall have the same effect and may be enforced in the same manner as if it had been made by the Secretary. (7) The deposit mandated under subsection (2) of section 11 shall not be payable if the Review Board determines for good cause to waive the requirement. (8) For the purposes of an appeal under this section, the onus of proving that a decision is unfair or unjust or that an assessment is excessive shall be upon the person aggrieved.

Certain activities exempt from licence requirement.
(1) Notwithstanding any provision of this Act, it shall be lawful to sell, expose or offer for sale, liquor within The Bahamas without the grant and issue of a licence as prescribed by this Act where the liquor — (a) is sold, exposed or offered for sale by virtue of any legal process or any law authorising the sale; (b) forms part of the estate of a deceased person if the Secretary authorizes the sale or is sold by a licensed auctioneer under conditions approved by the Secretary; (c) is sold on board any ship calling at The Bahamas and lying outside the limits of any port and is to be consumed on the ship;

(d) is sold to passengers only on board any ship calling at The Bahamas and lying within the limits of any harbour for a period not exceeding twenty-four hours and is to be consumed on the ship.

(2) Notwithstanding any provision of this Act, a licence shall not be required to carry on any other business within The Bahamas where any goods or articles of merchandise are sold by virtue of any legal process or any law authorizing the sale.

(3) For the purposes of this Act —
(a) a fair shall not be deemed to be a business; (b) charges for admission to witness or to participate in sporting or charitable events, or for the provision of refreshments to patrons who witness those events, shall not be deemed to be a business.

Minors not to be employed in direct sale of restricted goods.
(1) A licensee shall not employ in the direct sale of restricted goods a person under eighteen years of age.
(2) A licensee who contravenes subsection (1) commits an offence.
(3) The Minister may by order amend the Second Schedule to remove goods from or add goods to the restricted list.
Record and validity of licences.
(1) A temporary licence shall be valid in respect of the period for which it is granted and shall expire on the expiry date unless sooner cancelled by the Secretary by reason of the breach of any condition to which the temporary licence is subject. (2) For the purposes of this Act, a business in respect of which a business licence has expired shall not be considered unlicensed during the succeeding period ending thirty days next following the expiration of the licence. (3) A licence in respect of a regulated business issued to a person under any other law shall cease to have effect for any period during which that person is not a licensee under this Act.
Copies and replacement of licences.
(1) A licence in respect of a business carried on at more than one premises shall be issued in the prescribed form together with a copy of such licence for each additional premises. (2) The Secretary may, where satisfied that a licence has been lost, mutilated or destroyed, authorize the issue of a replacement copy of such licence upon payment of such fee as may be prescribed.
Display, inspection and production of licence.
(1) Every licensee under this Act shall produce the licence for inspection when requested to do so by the Secretary or any peace officer.
(2) For the purposes of subsection (1), licence includes any copy issued pursuant to section 16.
(3) Every travelling salesman holding an occasional licence issued under this Act shall produce his licence on demand to any — (a) peace officer; (b) customs officer; (c) immigration officer; (d) person designated by the Secretary; (e) person with whom he may be doing or intending to do any business.
Register of licensees.
(1) The Secretary shall maintain an up-to-date register of licensees which shall be open to the public at all reasonable hours upon payment of the prescribed fee.
(2) Any person may, upon payment of the prescribed fee, require an extract or copy of an entry from the register of licensees to be certified by the Secretary.
(3) An extract or copy of an entry from the register of licensees certified by the Secretary to be a true extract or copy shall, in all legal proceedings, civil or criminal, be received in evidence as proof of issue of a licence in accordance with section 34.
Payment and recovery of taxes.
(1) Any taxes payable under this Act shall be paid to, and collected by — (a) the Treasurer or Business Licence Office, if the business is situate in New Providence; (b) the Business Licence Office or Treasury Department, if the business is situate in a Family Island; or (c) the Administrator, if the business is situate in a Family Island where there is no Business Licence Office or Treasury Department. (2) Notwithstanding any other law, all taxes payable under this Act may be sued for, recovered, and payment enforced, without limit as to amount, summarily.
Refunds.
(1) The Minister may, if satisfied that any monies paid by an applicant was paid in error or not otherwise required to be paid, upon the written request of the applicant approve the refund by the Secretary of the appropriate sum to the applicant. (2) The approval of the Minister under subsection (1) shall be sufficient warrant for the withdrawal out of the Consolidated Fund of the amount to be refunded.

PART II – APPROVAL OF BUSINESS NAMES

Secretary to approve all business names.
(1) Subject to section 22, the Secretary shall approve a business name in respect of an application for a business licence, or change of name of an existing business, which is in accordance with the provisions of this Part. (2) Every application for a business licence shall be accompanied by a declaration in respect of the beneficial ownership of the business in the prescribed form. (3) Every application for a business licence shall, in addition to the declaration of beneficial ownership referred to in subsection (2) — (a) if an existing business, state — (i) the business name; (ii) the date of commencement of the business and any changes of business name; and (iii) where it is carried on under two or more business names, each of those business names; (b) if a new business, provide a minimum of three proposed names for the business in order of preference for the Secretary's approval; (c) if in the name of an individual, include the following particulars — (i) present given name and surname; (ii) any former given name or surname; (iii) nationality; (iv) usual place of residence; (v) other business occupation (if any); (d) if in the name of a corporation, include its corporate name and registered or principal office;

(e) if in the name of a firm, include the particulars referred to in (c) and (d) in respect of each individual or corporation which is a partner in the firm;

(f) be signed by the applicant as follows —
(i) in the case of an individual, by the individual himself; (ii) in the case of a corporation, by a director and secretary; and (iii) in the case of a firm, either by all the individuals who are partners and a director or secretary of each corporation which is a partner or by any individual partner or director or secretary of any corporate partner by power of attorney for and on behalf of all members of the firm.

(4) A licensee under this Act shall not change the name of a licensed business without prior application being made to the Secretary in the prescribed form and the grant of approval in writing by the Secretary to the proposed change.

(5) The Secretary may require any applicant or licensee to furnish to him such particulars as he thinks necessary for the purpose of ascertaining whether or not a business name, or the change of a business name, proposed by an individual, or a firm of which he is a partner, or a corporation, should be approved.

(6) The Secretary shall not, until he is in receipt of the particulars required under subsection (5), continue to process an application for a business licence, or the change of name of an existing business, as the case may be.

(7) An appeal against a decision of the Secretary under subsection (1) shall lie to the Review Board whose decision shall be final.

(8) Any person who makes a false or misleading statement in a declaration of beneficial ownership relating to the ownership or control of a business, whether directly or indirectly, by non-Bahamians commits an offence and shall be liable on summary conviction to a fine of ten thousand dollars.

Prohibited business names.
(1) The Secretary shall not approve any business name that — (a) contains any word which, in the opinion of the Secretary, is likely to deceive or to cause confusion or is calculated to suggest falsely that the business — (i) is under the ownership or control of The Bahamas Government; or (ii) is identical with, or so nearly resembles that of, any other firm, individual or corporation.

(b) in the opinion of the Secretary suggests, or is calculated to suggest — (i) the patronage of Her Majesty or any member of the Royal Family; or (ii) a connection with Her Majesty's Government, or of any department, in The Bahamas or elsewhere; (c) is, in the opinion of the Secretary, indecent, offensive or otherwise objectionable.

(2) Subsection (1) shall not apply to any business name registered under the Registration of Business names Act (Ch. 330) on the date on which this Act comes into force.

(3) The approval of a business name by the Secretary under this Act shall not be construed as authorising the use of that name if, apart from such approval, the use of that name is or could be prohibited under any other law.

Publication of business names.
(1) Every licensee under this Act shall, in all trade catalogues, trade circulars, show-cards and business letters, on or in which the business name appears and which are issued or sent by the licensee to any person in the course of business, have mentioned in legible characters — (a) in the case of a firm, particulars of each of the partners as follows — (i) the present given names or initials; (ii) present surnames; and (iii) in the case of a corporation being a partner, the corporate name; (b) in the case of an individual — (i) his present given name or initials; and (ii) his present surname; (c) in the case of a corporation, the corporate name;

(2) A licensee who contravenes this section commits an offence and such licensee shall be liable on summary conviction to a fine of five hundred dollars for every day, or part of a day, during which the offence continues.

PART III – ESTABLISHMENT AND FUNCTION OF THE BUSINESS LICENCE REVIEW BOARD

Establishment.
(1) There is established for the purposes of this Act the Business Licence Review Board whose function is to hear and decide all appeals against a decision of the Secretary under sections 4, 5, 11 and 21.

(2) All appeals against a decision of the Secretary pursuant to subsection (1) shall be commenced by notice of appeal to the Review Board made in the prescribed form and payment of the prescribed fee.

(3) The Review Board shall consider and process all appeals in accordance with the provisions of section 12 of Part I.

(4) The Review Board shall have all the powers of a magistrate for compelling the attendance of persons to give evidence on oath and for the production and inspection of documents.

Constitution and Procedure.
(1) The Review Board shall consist of —
(a) for New Providence Island, a maximum of seven members, including the chairman, as may be appointed by the Minister; and (b) for Grand Bahama and the Family Islands, a maximum of five members including the chairman, a member of the New Providence Review Board, and two members from the Local Government districts one of whom shall be from the district in which the business is situated, appointed by the Minister.

(2) The Review Board shall consist of persons appearing to be qualified in the areas of law, industry, commerce, agriculture, banking and finance, transportation, administration or organization of workers.

(3) A member shall —
(a) hold office for such term not exceeding 5 years as is specified in the member's instrument of appointment.
(b) be eligible for re-appointment.

(4) The chairman shall preside at each sitting of the Review Board and, in the absence of the chairman, the members present shall elect a member to act as chairman.

(5) The chairman and two other members shall constitute a quorum at any sitting of the Review Board.

(6) The Review Board shall determine all questions before it by majority opinion, but, if the members present are equally divided in their opinions, the opinion of the chairman shall prevail.

(7) The Review Board may, on its own initiative, make investigations and inquiries and seek and receive evidence additional to that tendered by the parties to the proceeding.

(8) The Review Board shall give its decision in writing, and state its reasons for the decision, within 30 days of an appeal to the Board which appeal shall be made within 21 days of the decision by the Secretary.

(9) No action shall lie against a member for anything the member may say or do or omit to do while acting in good faith in the intended performance of the functions of a member.

(10) An act or proceeding of the Review Board shall not be invalid by reason of a defect in the appointment of a member or a vacancy in its membership.

(11) The Review Board may, except to the extent they are prescribed by this Act and the regulations, decide its own procedures.

PART IV – OFFENCES, PENALTIES AND POWERS

Offences.

(1) Any person who —
(a) in a return, declaration, information or particulars furnished under this Act, makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular; (b) in relation to any business, knowingly keeps or preserves, or causes to be kept or preserved, any book, record or account, which is false in any material particular, or makes or causes to be made in any book, record, account or return any entry which is false in any material particular; or (c) is concerned in, or in the taking of steps with a view to, the fraudulent evasion by him or any other person of any tax payable under this Act, commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding two years.

(2) Any person who —
(a) in any year without lawful excuse carries on a business in respect of which there is no licence issued under this Act in force;