Consultation Paper No. 8 of 2024 - Proposal for a Commercial Permits Framework

CONSULTATION PAPER
NO. 8 OF 2024
PROPOSAL FOR A COMMERCIAL PERMITS
FRAMEWORK
5 September 2024

Consultation Paper No. 8 of 2024
CONTENTS
Introduction .............................................................................................................................. 3
Why are we issuing this paper? .......................................................................................... 3
Who should read this paper? .............................................................................................. 3
How to provide comments ................................................................................................... 3
What happens next? ............................................................................................................ 4
Scope and Approach to the Proposed Amendments ............................................................ 5
Proposed Commercial Permits Regulations .......................................................................... 6
Current Position ................................................................................................................... 6
Proposed Features of the Commercial Permits Regulations ............................................ 6
Proposed Amendments and Enactments ............................................................................... 9

Consultation Paper No. 8 of 2024
Why are we issuing this paper?
The Abu Dhabi Global Market (“ADGM”) Registration Authority (“RA”) has issued this Consultation Paper to invite public feedback and comments on a proposal to introduce a comprehensive regulatory framework for the issuance of commercial permits, as well as the introduction of new subordinate rules concerning commercial permits for the sale of alcohol and shisha within ADGM. The proposed commercial permits regulations and subordinate rules are set out in Annex A and Appendices 1 to 3, respectively, to this Consultation Paper. We have summarised the key proposed aspects of the commercial permits regulations and subordinate rules in this Consultation Paper. The summaries provided within should be read as an introduction to the provisions only – many of the precise details and specifics are contained in the draft commercial permits regulations and subordinate rules themselves. Where terms are capitalised in this Consultation Paper, they (unless context requires otherwise) should be taken to have the definitions ascribed to such terms in the commercial permits regulations and the subordinate rules. Who should read this paper? The proposals in this Consultation Paper would be of interest to all licensed persons in the ADGM, their directors, officers, employees and advisors. We also welcome feedback from other stakeholders, whether based in the ADGM or beyond. How to provide comments All comments should be in writing and sent to the address or email specified below. If sending your comments by email, please use the Consultation Paper number in the subject line. If relevant, please identify the organisation you represent when providing your comments. The RA reserves the right to publish, including on its website, any comments you provide, unless you expressly request otherwise at the time of making any comments. Comments supported by reasoning and evidence will be given more weight. Introduction

Consultation Paper No. 8 of 2024
What happens next?
The deadline for providing comments on this proposal is 29 September 2024. After receiving your comments, we shall consider whether any modifications are required to the proposals and the ADGM Board of Directors (“Board”) and the RA will then proceed to enact the proposals in their final form. You should not act on these proposals until these proposals are finalised, and the final commercial permits regulations, subordinate rules and guidance are issued by the Board and the RA. We shall issue a notice on our website when this happens. Comments to be addressed to:
Consultation Paper No. 8 of 2024
Registration Authority
Abu Dhabi Global Market Square Al Maryah Island PO Box 111999 Abu Dhabi, UAE Email: ra.consultation@adgm.com

Consultation Paper No. 8 of 2024

1. This Consultation Paper aims to explain the proposed:
   a. enactment of the following regulations:
   i. Commercial Permits Regulations 2024 (the “Regulations”);
   b. enactment of the following subordinate rules:
   i. Commercial Permits Regulations (Alcohol) Rules 2024;
   ii. Commercial Permits Regulations (Shisha) Rules 2024; and
   iii. Commercial Permits Regulations (Fees) Rules 2024,
   (collectively, the “Rules”).
2. The proposed features of the Regulations and subordinate Rules include:

a. a requirement to obtain a commercial permit from the RA with respect to certain activities; b. specific conditions applicable to obtaining Alcohol Permits and Shisha Permits;
c. the fees payable to the RA in connection with the issuance or renewal of a commercial
permit; and d. other miscellaneous requirements.
3. A draft of the Regulations can be found in Annex A. Drafts of the new Rules can be
found in Appendices 1 to 3.

Scope and Approach to the Proposed Amendments

Consultation Paper No. 8 of 2024
Current Position

1. The RA is responsible for issuing commercial permits to licensed persons in the ADGM or
   third parties licensed by onshore government authorities who wish to conduct certain activities in the ADGM. Whilst licences are issued for types of controlled activities, commercial permits are intended to be used for activities which require RA oversight but are typically ancillary to a licence for a controlled activity, or of a temporary nature (e.g., the sale of alcohol or shisha or holding events with public speakers etc.). Currently, there is a need for greater clarity with respect to the procedures surrounding obtaining, renewing and maintaining commercial permits, as well as related information pertaining to oversight of such commercial permits by the RA.
2. The RA is therefore seeking to introduce the Regulations and subordinate rules in view of
   such need. The RA will start by issuing subordinate rules concerning permits for the sale of alcohol and shisha, but it is envisaged that subordinate rules for other types of commercial permits will be issued over time. Proposed Features of the Regulations General Requirements under the Regulations
3. Under the proposed Regulations, any person licensed by the RA or by a competent authority
   within the UAE, or any non-licensed individual, that wishes to conduct or perform an activity or a service specified under the Regulations and its subordinate rules, such as the sale of alcohol or shisha, must apply for a commercial permit from the RA.
4. It must be noted that obtaining a commercial permit does not automatically exempt any person
   from the requirement to obtain a commercial licence under the ADGM Commercial Licensing Regulations 2015, or other necessary permits or approvals required under any other regulations or rules applicable in the ADGM, and any such requirements may still apply.
5. The RA will have the power to:
   a) grant or refuse a commercial permit; b) suspend or revoke a commercial permit; c) maintain a commercial permits register; d) collect any fees in connection with the performance of the RA’s functions under the Regulations; and e) issue fines for any contravention of the Regulations or any subordinate Rules. Proposed Commercial Permits Regulations

Consultation Paper No. 8 of 2024
Requirements for an Alcohol Permit or Shisha Permit
6. An Alcohol Permit will be required to sell alcohol and a Shisha Permit will be required to sell
shisha in the ADGM. The sale of alcohol refers to the sale of alcohol for retail purposes or by food and beverage establishments for immediate consumption at their premises, whereas the sale of shisha refers to the sale of shisha for purposes of immediate consumption at the Shisha Permit holder’s premises.
7. Applicants will need to:
a) hold a valid commercial licence issued by the RA or a relevant competent authority within the UAE; b) apply for a commercial permit before selling alcohol or shisha; c) provide the RA with information on the location from where the sale of alcohol or shisha will take place (including the serving area and exit/entry points); d) provide the RA with a no objection letter issued by the landlord of any property from where the sale of alcohol or shisha will take place; e) pay fees in connection with any application for or renewal of a commercial permit; and f) provide the RA with any additional information it may require, which will be set out in guidance and may include a:
i. Certificate from the relevant competent authority in Abu Dhabi regarding
preventative fire safety requirements.
ii. Signed agreement with an alcohol supplier or distributer.
iii. Certificate from the relevant competent authority in Abu Dhabi regarding CCTV
requirements.
8. Applicants are able to apply for either an annual or temporary Alcohol or Shisha Permit. The
temporary permit will have a validity period of one (1) week and must be renewed on a weekly basis, if necessary.
9. In order to renew an Alcohol or Shisha Permit, the permit holder will need to provide the same
information and documentation that was provided for the initial application to obtain the relevant permit. The permit holder will be responsible for renewing the Alcohol or Shisha Permit prior to its expiration if the permit holder intends to continue to sell alcohol or shisha in the ADGM after such expiration date. Any delay in filing for a renewal will result in a late filing fee, in addition to the renewal fee. Q2: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE APPLICATION REQUIREMENTS FOR AN ALCOHOL OR SHISHA PERMIT? Q1: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE GENERAL REQUIREMENTS UNDER THE COMMERCIAL PERMITS REGULATIONS?

Consultation Paper No. 8 of 2024
10. In addition to the above, a commercial permit holder must always ensure it:
a. has a valid commercial licence issued by the RA, or b. a valid commercial licence issued by a competent authority within the UAE and valid temporary licensing permit to conduct business in the ADGM issued by the RA, and
c. must always comply with any conditions of the commercial permit issued by the RA.
11. Failure to comply with any requirements in the Regulations or the subordinate Rules may lead
to the suspension or revocation of a commercial permit, and may lead to the imposition of fines by the RA. Fees Rules
12. The proposed Fees Rules set out the fees in relation to obtaining and renewing an Alcohol or
Shisha Permit. The proposed fees are benchmarked against the fees charged for similar services onshore Abu Dhabi.
13. The proposed fees rules also include late filing fees in connection with any late renewal
applications. Specifically, we propose a late filing fee of AED 500 per month for up to 3 months if a renewal application is filed 30 calendar days after the commercial permit’s expiry date.

Q4: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE ONGOING REQUIREMENTS FOR AN ALCOHOL OR SHISHA PERMIT HOLDER? Q3: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE RENEWAL PROCESS FOR AN ALCOHOL OR SHISHA PERMIT? Q5: DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, ANY OF THE FEES RELATED TO THE ISSUANCE OR RENEWAL OF ALCOHOL AND SHISHA PERMITS? Q6: DO YOU HAVE ANY BROADER FEEDBACK ON THE PROPOSED REGULATIONS AND RULES THAT IS NOT COVERED BY THE QUESTIONS SET OUT ABOVE?

Consultation Paper No. 8 of 2024
Regulations
Annex A Proposed Commercial Permits Regulations 2024
Rules
Appendix 1 Proposed Commercial Permits Regulations (Alcohol) Rules 2024
Appendix 2 Proposed Commercial Permits Regulations (Shisha) Rules 2024
Appendix 3 Proposed Commercial Permits Regulations (Fees) Rules 2024
Proposed Amendments and Enactments

---

Consultation Paper No. 8 of 2024
Annex A
COMMERCIAL PERMITS REGULATIONS 2024

Consultation Paper No. 8 of 2024
Annex A
Table of Contents
Section Page
PART 1: COMMERCIAL PERMITS ................................................................................ 3

1. Requirement to Obtain a Commercial Permit .......................................... 3
2. Registrar’s Powers with Respect to Applications ..................................... 3
   PART 2: THE REGISTRAR ............................................................................................ 3
3. Registrar’s Authority and Powers ............................................................ 3
4. Commercial Permits Register.................................................................. 4
5. Allocation of Unique Identifiers ................................................................ 5
6. Fees Payable to the Registrar ................................................................. 5
   PART 3: CONTRAVENTIONS AND PROCEDURAL REQUIREMENTS ........................ 6
7. Fines ....................................................................................................... 6
8. Suspension of Commercial Permits ........................................................ 6
9. Revocation of Commercial Permits ......................................................... 6
10. Monetary Penalty Notice ......................................................................... 6
11. Warning Notices ..................................................................................... 7
12. Suspension Notices ................................................................................ 8
13. Decision Notices ..................................................................................... 8
14. Right to refer matters to the ADGM Courts.............................................. 9
15. Access to Material ................................................................................... 9
16. Protected Items ..................................................................................... 10
17. Publication ............................................................................................ 10
    PART 4: GENERAL ..................................................................................................... 11
18. Short title, extent and commencement .................................................. 11

Consultation Paper No. 8 of 2024
Annex A
COMMERCIAL PERMITS REGULATIONS 2024
Regulations to make provision for regulating and supervising persons obtaining commercial permits in the Abu Dhabi Global Market. Date of Enactment: [] 2024 The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of Law No. 4 of 2013 concerning Abu Dhabi Global Market issued by His Highness the Ruler of the Emirate of Abu Dhabi, hereby enact the following Regulations:
PART 1: COMMERCIAL PERMITS

1. Requirement to Obtain a Commercial Permit
   (1) For the purpose of these Regulations, a “commercial permit” is a permit issued by the Registrar pursuant to rules made by the Registrar under these Regulations to:
   (a) a person licensed under the Commercial Licensing Regulations 2015 permitting such person to conduct specified activities or provide specified services, ancillary to the controlled activities permitted by their licence; (b) a person, permitting them to set up a temporary presence in the Abu Dhabi Global Market to conduct an activity that such person is licensed to conduct (or that is ancillary to such licensed activity) by a competent authority within the United Arab Emirates; (c) a natural person, permitting such person to conduct certain activities; or (d) authorise any other activity or service to be conducted or performed in or from the Abu Dhabi Global Market. (2) In accordance with the relevant rules made by the Registrar under these Regulations, a person seeking to conduct or perform in or from the Abu Dhabi Global Market an activity or a service specified in such rules is responsible for applying for, obtaining, maintaining and paying the cost of the relevant commercial permit. (3) Unless otherwise stated in the relevant rules issued under these Regulations, an application made under section 3 may be made to the Registrar by:
   (a) an individual; or
   (b) a body corporate.
   PART 2: THE REGISTRAR
2. Registrar’s Authority and Powers
   (1) The Registrar is the sole authority to approve and issue commercial permits. (2) Subject to Part 3, the Registrar may, in its sole discretion, suspend or revoke any commercial permit approved under subsection (1).

Consultation Paper No. 8 of 2024
Annex A
(3) The Registrar shall administer these Regulations and perform the functions and exercise the powers assigned to him under these Regulations and any subordinate rules issued under these Regulations. (4) Without prejudice to the generality of subsection (3), the Registrar may make rules with respect to the administration and application of these Regulations to any person in the Abu Dhabi Global Market. (5) The Registrar has the authority to prescribe such forms as it considers necessary for the purpose of these Regulations and may approve and issue such guidance or directions as are required for the proper administration of these Regulations. (6) The Registrar has the power to monitor (including by means of inspections) the commercial permit holder’s premises for compliance with these Regulations and subordinate rules made under these Regulations at such time and place as may reasonably be specified by the Registrar, and to impose and enforce fines for contraventions. (7) The Registrar may give directions to a commercial permit holder requiring it to provide such documents or provide such information or data as may be specified in the directions. The Registrar may take copies of, or extracts from, a document produced under such direction. (8) The Registrar may, on the application of a commercial permit holder, cancel a commercial permit. (9) The Registrar shall utilise the official seal referenced in section 937 (The Registrar’s Official Seal) of the Companies Regulations 2020 in authenticating or issuing official documents in connection with the issuance of a commercial permit.
3. Registrar’s Powers with Respect to Applications
(1) On receipt of an application under these Regulations, the Registrar may, in its discretion:
(a) grant a commercial permit to the person if the Registrar is satisfied that such person meets the requirements set out in the relevant rules; (b) grant a commercial permit subject to such limitations, restrictions or conditions as it may determine; (c) return an incomplete application; or (d) refuse to grant a commercial permit with justifications provided to the applicant in writing. (2) A commercial permit shall be valid for such period of time as may be specified by the Registrar in its decision to grant a commercial permit. (3) The grant of a commercial permit shall not operate to automatically exempt any person from the requirement to obtain a commercial licence under the Commercial Licensing Regulations 2015, nor will it exempt such person from the need to fulfil any other procedural formalities or to obtain the necessary approvals, permits, consent or authorisation or to undertake any other formality or process pursuant to any other regulations or rules applicable in the Abu Dhabi Global Market, including any Federal law applicable in the Abu Dhabi Global Market.

Consultation Paper No. 8 of 2024
Annex A
4. Commercial Permits Register
(1) The Registrar shall maintain a commercial permits register established under these Regulations. (2) The commercial permits register will contain the following information in respect of each commercial permit:
(a) name and
(i) registration and licence number, if applicable; or (ii) Emirates identification number, if applicable, of the commercial permit holder; (b) address of the premises to which the commercial permit relates; (c) issuance date of the commercial permit; (d) expiry date of the commercial permit; (e) the activity the commercial permit relates to; (f) any conditions or restrictions placed on the commercial permit; and (g) any other information that the Registrar deems appropriate. (3) The commercial permits register shall be in such form as the Registrar may determine and may be published in whole or in part.
5. Allocation of Unique Identifiers
(1) The Registrar may use reference numbers (“unique identifiers”) to identify each commercial permit issued. (2) The unique identifiers may be in such form, consisting of one or more sequences of letters or numbers, as the Registrar may from time to time determine.
6. Fees Payable to the Registrar
(1) The Board may make rules requiring the payment to the Registrar of fees in respect of the:
(a) performance of any of the Registrar’s functions under these Regulations and any subordinate rules made under these Regulations; or (b) provision by the Registrar of services or facilities for purposes incidental to, or otherwise connected with, the performance of any of the Registrar’s functions under these Regulations and any subordinate rules made under these Regulations.

Consultation Paper No. 8 of 2024
Annex A
PART 3: CONTRAVENTIONS AND PROCEDURAL REQUIREMENTS
7. Fines
(1) If the Registrar considers that a person has committed a contravention of these Regulations or rules made under these Regulations, it may impose on him a fine of an amount up to the maximum specified for such contravention. (2) Unless expressly stated otherwise in a relevant rule made under these Regulations, a person who commits the contravention referred to in subsection (1) may be liable to a fine up to level 8. (3) Any reference to a level of fine shall be interpreted as a reference to the applicable level set forth in the Commercial Licensing Regulations (Fines) Rules 2020. (4) A fine under these Regulations is payable to the Registrar. (5) If all or any of the amount of a fine payable under these Regulations or rules made under these Regulations is outstanding 30 days after notice of that fine has been issued, the Registrar may recover the outstanding amount as a debt due to it.
8. Suspension of Commercial Permits
(1) The Registrar may suspend, for such period as it considers appropriate, a commercial permit granted under these Regulations or any subordinate rules if, in its discretion, it deems it in the best interest of the public or the Abu Dhabi Global Market. (2) A commercial permit holder that has had its commercial permit suspended by the Registrar must not engage in the suspended activity for so long as the suspension remains in place. Failure to comply with the suspension will result in a contravention and the person committing the contravention may be liable to a fine up to level 8.
9. Revocation of Commercial Permits
(1) The Registrar may revoke a commercial permit granted under these Regulations or any subordinate rules if, in its discretion, it – (a) considers that a commercial permit holder has contravened a relevant requirement under these Regulations, or any subordinate rules made under these Regulations; or (b) deems it in the best interest of the public or the Abu Dhabi Global Market. (2) For purposes of this section, a "relevant requirement" means a requirement imposed by these Regulations or any subordinate rules made under these Regulations.
10. Monetary Penalty Notice
(1) Where the Registrar considers that a person has contravened a relevant requirement under – (a) these Regulations; or (b) any subordinate rules made under these Regulations,

Consultation Paper No. 8 of 2024
Annex A
such person will be liable to a level 2 fine, and the Registrar shall issue a monetary penalty notice (a “Monetary Penalty Notice”) to such person (a “Monetary Penalty Notice Recipient”). (2) For purposes of this section, a "relevant requirement" means a requirement imposed by these Regulations or any subordinate rules made under these Regulations. (3) The fine must be paid to the Registrar within the period specified in the Monetary Penalty Notice. (4) Before payment of the fine is due, the Monetary Penalty Notice Recipient can raise an objection concerning the grounds for issuance of the Monetary Penalty Notice, which will be considered by the Registrar only if exceptional circumstances have been raised by the Monetary Penalty Notice Recipient, as determined by the Registrar in its sole discretion.
11. Warning Notices
(1) If the Registrar proposes to –
(a) revoke a commercial permit granted under these Regulations or any subordinate rules to a person; or (b) impose a fine of level 3 or higher pursuant to its powers under Part 3 on a person, it must provide a warning notice (a “Warning Notice”) to such person (the “Warning Notice Recipient”). (2) A Warning Notice must – (a) state the action(s) which the Registrar proposes to take and the reasons for the proposed action(s); (b) be in writing; (c) specify a reasonable period (which may not be less than 14 calendar days) within which the person to whom it is given may make representations to the Registrar; (d) state whether section 15 applies; and (e) if that section applies, describe its effect and state whether any material exists to which the person concerned must be allowed access under it. (3) Following the receipt of a Warning Notice, the Warning Notice Recipient must have the amount of time specified in the Warning Notice, or such longer time as the Registrar may agree with the Warning Notice Recipient, to make representations to the Registrar in respect of the Warning Notice. (4) The Registrar must consider relevant materials, documentation or information relating to the matter, and consider the representations made by the Warning Notice Recipient within the permitted time (if any), and must, within two months starting on the date on which the period for making representations under subsection (3) ends, take one or more of the following actions:
(a) abandon all actions proposed by the Warning Notice, in which case it will notify the Warning Notice Recipient of that fact in writing as soon as practicable;

Consultation Paper No. 8 of 2024
Annex A
(b) issue a subsequent Warning Notice, proposing different or further actions; or (c) take one or more actions specified in the Warning Notice by issuing a Decision Notice. If the Registrar has not taken any of the above actions within the prescribed period, the Registrar will be deemed to have abandoned all actions proposed by the Warning Notice.
12. Suspension Notices
(1) If the Registrar decides to suspend a commercial permit granted under these Regulations or any subordinate rules with immediate effect, it must provide a suspension notice (a “Suspension Notice”) to the commercial permit holder (the “Suspension Notice Recipient”). (2) A Suspension Notice must - (a) state the action(s) which the Registrar has taken and give reasons for the action(s); (b) be in writing; (c) specify a reasonable period (which may not be less than 14 calendar days) within which the person to whom it is given may make representations to the Registrar; (d) state whether section 15 applies; and (e) if that section applies, describe its effect and state whether any material exists to which the person concerned must be allowed access under it. (3) Following the receipt of a Suspension Notice, the Suspension Notice Recipient must have the amount of time specified in the Suspension Notice, or such longer time as the Registrar may agree with the Suspension Notice Recipient, to make representations to the Registrar in respect of the Suspension Notice. (4) The Registrar must consider relevant materials, documentation or information relating to the matter, and consider the representations made by the Suspension Notice Recipient within the permitted time (if any), and must, within one month starting on the date on which the period for making representations under subsection (3) ends, take one or more of the following actions:
(a) abandon all actions taken by the Suspension Notice, in which case it will notify the Suspension Notice Recipient of that fact in writing as soon as practicable; or (b) take one or more actions specified in the Suspension Notice by issuing a Decision Notice. If the Registrar has not taken any of the above actions within the prescribed period, the Registrar will be deemed to have abandoned all actions taken by the Suspension Notice.
13. Decision Notices
(1) If the Registrar decides to take an action referred to in a Warning Notice or Suspension Notice, it must provide a Decision Notice (a “Decision Notice”) to the person concerned (the "Decision Notice Recipient"). (2) A Decision Notice must -

Consultation Paper No. 8 of 2024
Annex A
(a) be in writing;
(b) give the reasons of the Registrar for the decision to take the action to which the notice relates; and (c) give an indication of any right to refer the matter to the ADGM Courts which is given by these Regulations.
14. Right to refer matters to the ADGM Courts
(1) A Decision Notice Recipient may refer the matter to the ADGM Courts within one month of receipt of the Decision Notice. (2) Court Procedure Rules may make provision for any reference to the ADGM Court under subsection (1). (3) A Decision Notice that has been referred to the ADGM Courts continues in effect until the matter has been resolved by the ADGM Courts, unless the ADGM Courts determine otherwise.
15. Access to Material
(1) If the Registrar gives a person ("A") a Warning Notice notifying a recipient that it intends to impose a fine or, on its own-initiative, revoke any commercial permit, it must - (a) allow the person access to the material on which it relied in taking the decision which gave rise to the obligation to give the notice; and (b) allow the person access to any other material which was considered or obtained by the Registrar in connection with determining and reaching its decision which, in the Registrar's opinion, might undermine that decision. (2) The Registrar may refuse A access to particular material which it would otherwise have to allow A access to if, in its opinion, allowing A access to the material - (a) would not be in the public interest; (b) would breach confidentiality requirements; or (c) would not be fair, having regard to - (i) the likely significance of the material to A in relation to the matter giving rise to the Warning Notice; and (ii) the potential prejudice to the commercial interests of a person other than A which would be caused by the material's disclosure. (3) If the Registrar refuses under subsection (2) to allow access to material, it must give A written notice of - (a) the refusal; and (b) the reasons for it. (4) The Registrar may refuse A access to particular material on the basis that it consists of a protected item, in which case, it must give A written notice of -

Consultation Paper No. 8 of 2024
Annex A
(a) the existence of the protected item; and
(b) the Registrar's decision not to allow him access to it.
16. Protected Items
(1) A person may not be required under these Regulations to produce, disclose or permit the inspection of protected items. (2) "Protected items" means - (a) communications between a professional legal adviser and his or her client or any person representing his client which fall within subsection (3); (b) communications between a professional legal adviser, his or her client or any person representing his or her client and any other person which fall within subsection (3) (as a result of paragraph (b) of that subsection); (c) items which - (i) are enclosed with, or referred to in, such communications; (ii) fall within subsection (3); and (iii) are in the possession of a person entitled to possession of them. (3) A communication or item falls within this subsection if it is made - (a) in connection with the giving of legal advice to the client; or (b) in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings. (4) A communication or item is not a protected item if it is held with the intention of furthering a criminal purpose.
17. Publication
(1) A Warning or Suspension Notice, the existence of a Warning or Suspension Notice and the contents of a Warning or Suspension Notice must not be published by the Registrar, the Warning Notice Recipient, the Suspension Notice Recipient or any other person. (2) The Registrar may publish, in such manner as it considers appropriate, a Decision or Monetary Penalty Notice, part of a Decision or Monetary Penalty Notice, or such information about the matter to which a Decision or Monetary Penalty Notice relates as it considers appropriate, taking into account the fairness of such publication and the effect on the Decision or Monetary Penalty Notice Recipient, the interests of participants in the Abu Dhabi Global Market or the interests of the Abu Dhabi Global Market as a whole. (3) Except with the prior written consent of the Registrar, no other person may publish a Decision or Monetary Penalty Notice, part of a Decision or Monetary Penalty Notice or information about the matter to which a Decision or Monetary Penalty Notice relates, except and to the extent that the Registrar has already so published. (4) A person, other than the Registrar, who contravenes subsections (1) or (3) is liable to a fine up to level 3.

Consultation Paper No. 8 of 2024
Annex A
PART 4: GENERAL
18. Short title, extent and commencement
(1) These Regulations may be cited as the Commercial Permits Regulations 2024. (2) These Regulations apply in the jurisdiction of the Abu Dhabi Global Market. (3) These Regulations come into force on the date of their publication.

---

Consultation Paper No. 8 of 2024
Appendix 1
COMMERCIAL PERMITS REGULATIONS (ALCOHOL) RULES 2024 Date of Adoption: [] 2024 The Registrar of the Abu Dhabi Global Market, in implementation of the provisions of section 2(4) of the Commercial Permits Regulations 2024, hereby makes the following rules:

1. Citation and interpretation
   (1) These Rules may be cited as the Commercial Permits Regulations (Alcohol) Rules 2024. (2) These Rules will come into force on:
   (a) the day after the expiry date of a permit to sell alcohol issued by the Registrar for any person that has been selling alcohol in the Abu Dhabi Global Market prior to the publication of these Rules; and (b) the date of publication of these Rules for any person that intends to sell alcohol in the Abu Dhabi Global Market but has not done so prior to the publication of these Rules or has done so without a permit to sell alcohol. (3) In these Rules, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor in any state, as may be further described by the relevant Competent Body responsible for the sale of alcohol in Abu Dhabi, but excludes any liquor of 0.5% strength or below at the time of the sale or supply in question, perfume, flavouring essence, alcohol which is, or is included in, any medicine, denatured alcohol (methylated spirits) or alcohol contained in liqueur confectionery; “Alcohol Permit” means a permit issued by the Registrar to a person permitting the sale of alcohol in the Abu Dhabi Global Market; “Competent Body” means any UAE or Emirate of Abu Dhabi governmental or regulatory authority; “Landlord” means any property, hotel, resort, hotel apartment, or shopping centre located within the geographical boundaries of the Abu Dhabi Global Market that has leased premises to the Alcohol Permit holder and from where the sale of alcohol will take place; “Regulations” means the Commercial Permits Regulations 2024; “sale of” (including “sell” and “selling”) alcohol refers to the sale of alcohol for retail purposes or by food and beverage establishments for immediate consumption at their premises; and “Standard Fines Scale” means the standard fines scale set out in the Commercial Licensing Regulations (Fines) Rules 2020, as amended.
2. Application
   These Rules apply to:

Consultation Paper No. 8 of 2024
Appendix 1
(a) subject to Rule 1(2)(a), every person that is, on the date of publication of these Rules, selling alcohol in the Abu Dhabi Global Market; and (b) every person that intends to sell alcohol in the Abu Dhabi Global Market.
3. Registrar’s Authority
(1) The Registrar shall be the sole authority to issue Alcohol Permits. (2) The Registrar shall set the conditions to be met to obtain and maintain an Alcohol Permit. (3) Subject to Part 3 of the Regulations, the Registrar may, in its sole discretion, suspend or revoke any Alcohol Permit issued under subsection (1) of this Rule. (4) The Registrar may, at its sole discretion, impose any such conditions, limitations or restrictions on an Alcohol Permit issued by the Registrar under these Rules. (5) The Registrar may issue guidance to supplement these Rules. (6) The Registrar may inspect the premises of the holder of any Alcohol Permit or any person selling alcohol within the geographical boundaries of the Abu Dhabi Global Market to ensure compliance with these Rules and the Regulations.
4. General Requirements
(1) A person who seeks to sell alcohol in the Abu Dhabi Global Market must:
(a) hold a valid commercial licence issued by the Registrar; or (b) hold a valid commercial licence issued by a Competent Body and a valid temporary permit to conduct business in the Abu Dhabi Global Market issued by the Registrar; and (c) obtain an Alcohol Permit before selling alcohol. (2) The Registrar may, in its discretion, determine the period of validity of the Alcohol Permit.
5. Application for an Alcohol Permit
(1) An application for an Alcohol Permit may be made to the Registrar by a body corporate. (2) An applicant for an Alcohol Permit must:
(a) complete an application in the form prescribed by the Registrar from time to time in accordance with the requirements of these Rules, and any guidance issued under these Rules, and submit that application to the Registrar with any other information in writing as may be required by the Registrar; (b) provide the Registrar with a floor plan of the premises from which the sale of alcohol will take place; (c) provide the Registrar with a no objection letter issued by the Landlord permitting the sale of alcohol from the Landlord’s premises, if applicable;

Consultation Paper No. 8 of 2024
Appendix 1
(d) provide the Registrar with any additional information it may require; and (e) pay such fee or fees in connection with the application as set out in rules made by the Board. (3) When reviewing an application for an Alcohol Permit, the Registrar may take into account:
(a) matters of public health and safety;
(b) location of the premises and the surrounding environment; (c) matters of cultural sensitivity; and (d) any other matter that the Registrar deems relevant. (4) An applicant may withdraw the application by giving the Registrar written notice at any time before the Registrar determines it. (5) Failure to comply with Rule 5 by failing to obtain an Alcohol Permit prior to commencing the sale of alcohol within the Abu Dhabi Global Market will be considered a contravention of these Rules and any such person selling alcohol within the Abu Dhabi Global Market without an Alcohol Permit will be liable to a fine up to level 8 on the Standard Fines Scale for each contravention.
6. Renewing an Alcohol Permit
(1) If an Alcohol Permit holder continues to sell alcohol in the Abu Dhabi Global Market after the expiry of a previously issued Alcohol Permit, the Alcohol Permit is responsible for:
(a) renewing the Alcohol Permit in accordance with the requirements in Rule 5(2) and subject to Rule 5(3) prior to the expiry of the previously issued Alcohol Permit; and (b) paying all fees related to the renewal of such Alcohol Permit. (2) A delay in filing an application for the renewal of an Alcohol Permit will attract, in addition to the applicable renewal fee, a late filing fee as may be prescribed in rules by the Board. (3) Failure to comply with Rule 6 by failing to renew an Alcohol Permit more than 120 calendar days after the expiry date of the Alcohol Permit while the Alcohol Permit holder continues to sell alcohol within the Abu Dhabi Global Market will be considered a contravention of these Rules and the Alcohol Permit holder will be liable to a fine up to level 8 on the Standard Fines Scale for each contravention.
7. General Conditions of Alcohol Permits
(1) An Alcohol Permit holder must at all times– (a) hold a valid commercial license issued by the Registrar; or (b) hold a valid commercial licence issued by a Competent Body and a valid temporary permit to conduct business in the Abu Dhabi Global Market issued by the Registrar; and

Consultation Paper No. 8 of 2024
Appendix 1
(c) comply with any conditions of the Alcohol Permit issued by the Registrar. (2) Failure to comply with these Rules may result in a contravention pursuant to the Regulations.
8. Discontinuance of Selling Alcohol
Where an Alcohol Permit has expired or has been suspended or revoked by the Registrar, the person to whom it was granted must immediately discontinue the sale of alcohol in the Abu Dhabi Global Market.

---

Consultation Paper No. 8 of 2024
Appendix 2
COMMERCIAL PERMITS REGULATIONS (SHISHA) RULES 2024 Date of Adoption: [] 2024 The Registrar of the Abu Dhabi Global Market, in implementation of the provisions of section 2(4) of the Commercial Permits Regulations 2024, hereby makes the following rules:

1. Citation and interpretation
   (1) These Rules may be cited as the Commercial Permits Regulations (Shisha) Rules 2024. (2) These Rules will come into force on:
   (a) the day after the expiry date of a permit to sell shisha issued by the Registrar for any person that has been selling shisha in the Abu Dhabi Global Market prior to the publication of these Rules; and (b) the date of publication of these Rules for any person that intends to sell shisha in the Abu Dhabi Global Market but has not done so prior to the publication of these Rules or has done so without a permit to sell shisha. (3) In these Rules, "Competent Body” means any UAE or Emirate of Abu Dhabi governmental or regulatory authority; “Landlord” means any property, hotel, resort, hotel apartment, or shopping centre located within the geographical boundaries of the Abu Dhabi Global Market that has leased premises to the Shisha Permit holder and from where the sale of shisha will take place; “Regulations” means the Commercial Permits Regulations 2024; “sale of” (including “sell” and “selling”) shisha refers to the sale of shisha for purposes of immediate consumption at the Shisha Permit holder’s premises; “shisha” means any service that is provided both indoor and outdoor in the form of water pipes, in which smoke is passed through a container of water before the user breathes in through any smoking appliance; “Shisha Permit” means a permit issued by the Registrar to a person permitting the sale of shisha at food and beverage establishments in the Abu Dhabi Global Market; and “Standard Fines Scale” means the standard fines scale set out in the Commercial Licensing Regulations (Fines) Rules 2020, as amended.
2. Application
   These Rules apply to:
   (a) subject to Rule 1(2)(a), every person that is, on the date of publication of these Rules, selling shisha in the Abu Dhabi Global Market; and

Consultation Paper No. 8 of 2024
Appendix 2
(b) every person that intends to sell shisha in the Abu Dhabi Global Market.
3. Registrar’s Authority
(1) The Registrar shall be the sole authority to issue Shisha Permits. (2) The Registrar shall set the conditions to be met to obtain and maintain a Shisha Permit. (3) Subject to Part 3 of the Regulations, the Registrar may, in its sole discretion, suspend or revoke any Shisha Permit issued under subsection (1) of this Rule. (4) The Registrar may, at its sole discretion, impose any such conditions, limitations or restrictions on a Shisha Permit issued by the Registrar under these Rules. (5) The Registrar may issue guidance to supplement these Rules. (6) The Registrar may inspect the premises of the holder of any Shisha Permit or any person selling shisha within the geographical boundaries of the Abu Dhabi Global Market to ensure compliance with these Rules and the Regulations.
4. General Requirements
(1) A person who seeks to sell shisha in the Abu Dhabi Global Market must:
(a) hold a valid commercial licence issued by the Registrar; or (b) hold a valid commercial licence issued by a Competent Body and a valid temporary permit to conduct business in the Abu Dhabi Global Market issued by the Registrar; and (c) obtain a Shisha Permit before selling shisha. (2) The Registrar may, in its discretion, determine the period of validity of the Shisha Permit.
5. Application for a Shisha Permit
(1) An application for a Shisha Permit may be made to the Registrar by a body corporate. (2) An applicant for a Shisha Permit must:
(a) complete an application in the form prescribed by the Registrar from time to time in accordance with the requirements of these Rules, and any guidance issued under these Rules, and submit that application to the Registrar with any other information in writing as may be required by the Registrar; (b) provide the Registrar with a floor plan of the premises from which the sale of shisha will take place; (c) provide the Registrar with a no objection letter issued by the Landlord permitting the sale of shisha in the Landlord’s premises, if applicable; (d) provide the Registrar with any additional information it may require; and

Consultation Paper No. 8 of 2024
Appendix 2
(e) pay such fee or fees in connection with the application as set out in rules made by the Board. (3) When reviewing an application for a Shisha Permit, the Registrar may take into account:
(a) matters of public health and safety;
(b) location of the premises and the surrounding environment; (c) matters of cultural sensitivity; and (d) any other matter that the Registrar deems relevant. (4) An applicant may withdraw the application by giving the Registrar written notice at any time before the Registrar determines it. (5) Failure to comply with Rule 5 by failing to obtain a Shisha Permit prior to commencing the sale of shisha within the Abu Dhabi Global Market will be considered a contravention of these Rules and any such person selling shisha within the Abu Dhabi Global Market without a Shisha Permit will be liable to a fine up to level 8 on the Standard Fines Scale for each contravention.
6. Renewing a Shisha Permit
(1) If a Shisha Permit holder continues to sell shisha in the Abu Dhabi Global Market after the expiry of a previously issued Shisha Permit, the Shisha Permit holder is responsible for:
(a) renewing the Shisha Permit in accordance with the requirements in Rule 5(2) and subject to Rule 5(3) prior to the expiry of the previously issued Shisha Permit; and (b) paying all fees related to the renewal of such Shisha Permit. (2) A delay in filing an application for the renewal of a Shisha Permit will attract, in addition to the applicable renewal fee, a late filing fee as may be prescribed in rules by the Board. (3) Failure to comply with Rule 6 by failing to renew a Shisha Permit more than 120 calendar days after the expiry date of the Shisha Permit while the Shisha Permit holder continues to sell shisha within the Abu Dhabi Global Market will be considered a contravention of these Rules and the Shisha Permit holder will be liable to a fine up to level 8 on the Standard Fines Scale for each contravention.

Consultation Paper No. 8 of 2024
Appendix 2
7. General Conditions of Shisha Permits
(1) A Shisha Permit holder must at all times–
(a) hold a valid commercial license issued by the Registrar; or (b) hold a valid commercial licence issued by a Competent Body and a valid temporary permit to conduct business in the Abu Dhabi Global Market issued by the Registrar; and (c) comply with any conditions of the Shisha Permit issued by the Registrar. (2) Failure to comply with these Rules may result in a contravention pursuant to the Regulations.
8. Discontinuance of Shisha Sale
Where a Shisha Permit has expired or has been suspended or revoked by the Registrar, the person to whom it was granted must immediately discontinue the sale of shisha in the Abu Dhabi Global Market.

---

Consultation Paper No. 8 of 2024
Appendix 3
COMMERCIAL PERMITS REGULATIONS (FEES) RULES 2024 Date of Adoption: [] 2024 The Board of Directors of the Abu Dhabi Global Market, in implementation of section 8(1) of the Commercial Permits Regulations 2024, hereby makes the following Rules:

1. Citation, commencement and interpretation
   (1) These Rules may be cited as the Commercial Permits Regulations (Fees) Rules 2024. (2) These Rules shall come into force on the date of their publication. (3) In these Rules:
   “Regulations” means the Commercial Permits Regulations 2024.
   (4) Terms used in these Rules which are defined in the Regulations shall have the meanings given to them in the Regulations.
2. Fees payable in respect of the issuance and renewal of commercial permits
   Schedule 1 to these Rules makes provision for the fees that are payable to the Registrar
   in respect of the issuance and renewal of commercial permits.
3. Fees payable in respect of late renewals of commercial permits
   Schedule 2 to these Rules makes provision for the fees that are payable to the Registrar
   in respect of delays in filing an application for renewal of any commercial permits.

Consultation Paper No. 8 of 2024
Appendix 3
SCHEDULE 1
FEES PAYABLE FOR THE ISSUANCE AND RENEWAL OF COMMERCIAL PERMITS The following fees are payable in respect of applications made in accordance with the Regulations and its subordinate rules –
Table 1 – Issuance and Renewal of Alcohol Permit
Application Validity Amount of fee (AED)
Alcohol Permit for food and beverage establishments 12 months 25,000 Alcohol Permit for food and beverage establishments operating within or from hotels 12 months 10,000 Alcohol Permit for retailers 12 months 120,000
Table 2 – Issuance and Renewal of Temporary Alcohol Permit
Application Validity Amount of fee (AED)
Temporary Alcohol Permit for food and beverage establishments 1 week 1,000
Table 3 – Issuance and Renewal of Shisha Permit
Application
Validity
Amount of fee (AED)
Shisha Permit 12 months 10,000
Table 4 – Issuance and Renewal of Temporary Shisha Permit
Application Validity Amount of fee (AED)
Temporary Shisha Permit 1 week 1,000

Consultation Paper No. 8 of 2024
Appendix 3
SCHEDULE 2
FEES PAYABLE FOR LATE RENEWALS OF EXPIRED COMMERCIAL PERMITS
Table 1 – Late filing fee for renewals of expired commercial permits
Late filing fees where renewal is made after expiry Fee* (AED) If filed within 30 calendar days after the commercial permit expiry date Nil If filed after 30 calendar days of the commercial permit expiry date 500 per month, up to a maximum of 3 months

• The late filing fee for renewals of commercial permits is in addition to the commercial permit
  renewal fee and any other applicable fee charged by the Registrar.