S.I. No. 175/1987 - Tour Operators (Licensing) (Amendment) Regulations, 1987

S.I. No. 175 of 1987.

TOUR OPERATORS (LICENSING) (AMENDMENT) REGULATIONS, 1987.

I, JOHN P. WILSON, Minister for Tourism and Transport, in exercise of the powers conferred on me by sections 7 , 12 and 25 of the Transport (Tour Operators and Travel Agents) Act, 1982 (No. 3 of 1982) and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ) and, insofar as the Regulations relate to the prescription of fees and charges, with the consent of the Minister for Finance, hereby make the following Regulations:

1.

• (2) The Tour Operators (Licensing) Regulations, 1983 to 1986, and these Regulations may be cited together as the Tour Operators (Licensing) Regulations, 1983 to 1987.

2.

3.

• (a) The substitution for Regulation 9 (a) of the following paragraph:

"9. (a ) The amount of the fee payable on an application for tour operator's licence shall be the amount specified in column (3) of the Table to this paragraph at a particular reference number opposite the amount of licensable turnover specified in column (2) of that Table at that reference number.

TABLE

",

• (b) the substitution in Regulation 9 (c) for "£68.75" of "£80.00", and

• (c) the substitution, for the First Schedule of the following Schedule:

FIRST SCHEDULE

Application for a Tour Operator's Licence

Name of Applicant............................................................ ......................................................

Business or Trading Names............................................................ ..........................................

Registered Office............................................................ ..........................................................

Business Address............................................................ .........................................................

Telephone No............................................................ ............................................................ ...

hereby applies for a licence to carry on business as a tour operator, as defined in section 2 of the Transport (Tour Operators and Travel Agents) Act, 1982 , for the period to

The amount of £ ,being the fee payable in respect of this application, is enclosed.

I, the undersigned, declare that to the best of my knowledge and belief, the particulars herein given are true and complete and that there have been no changes in the financial resources, ownership and control of the business other than those notified in this form.

I also authorise the Minister or any officer approved by him, to apply to all or any of the persons or bodies specified in section 11 of this application form, and all such persons or bodies are hereby authorised to give such information as may be sought from them hereunder, for the purpose of substantiating the particulars furnished in this application.

This form must be signed as follows:

• (i) if the applicant is an individual, by that individual,

• (ii) if the applicant is a partnership, by each of the partners, or

• (iii) if the applicant is a body corporate, by each of the directors.

Furnishing of False Information

The applicant's attention is drawn to the heavy penalty provisions relating to false or misleading statements for the purpose of obtaining a licence which are set out in section 20 of the Act.

This form should be returned to:

The Secretary,

Department of Tourism and Transport,

Kildare Street,

Dublin 2.

Particulars to be furnished by the Applicant

SECTION 1 — *OWNERSHIP AND CONTROL OF BUSINESS*

State whether the applicant is a sole owner, a partnership, an unincorporated body or a company incorporated under the Companies Acts 1963 to 1986.

• (i) If the applicant is a sole owner, state name in full, private address and nationality,

• (ii) If the applicant is a partnership, state name in full, private address and nationality of each partner,

• (iii) If the applicant is an unincorporated body, state full name, private address and nationality of the principal officers (e.g. Chairman, Secretary and Treasurer) and trustees,

• (iv) If the applicant is a company incorporated under the Companies Acts, 1963 to 1986,

• (a) state the full name, private address and nationality of every member of the board of directors, company secretary and senior management personnel, indicating working directors by (W),

• (b) state who are the persons or entities in real or effective ownership or control of the company,

• (c) state whether the company is a subsidiary of another company within the meaning of section 155 of the Companies Act, 1963 , and, if so, give full details,

• (d) state whether the company is a holding company of any other company or companies within the meaning of section 155 of the Companies Act, 1963 , and, if so, state the name of any such company or companies,

• (e) furnish a copy of the applicant company's Memorandum and Articles of Association, certificate of incorporation and certificates of registration of any trading or business names unless previously furnished.

Note: If the answer to 1 (iv) (c) or 1 (iv) (d) is "yes", any particulars required to be furnished in relation to the applicant may also be required to be furnished in relation to any other company or companies concerned or in relation to the group of companies as a whole.

SECTION 2 — *CAPITALISATION*

Specify:

• (i) amount of authorised share capital,

• (ii) amount of fully paid-up share capital—

• (a) issued for cash,

• (b) issued otherwise than for cash,

• (iii) if any share capital is not fully paid up, give details,

• (iv) full name, private address and nationality of each shareholder and full details of shares held by each.

SECTION 3 — *SHAREHOLDING IN OTHER COMPANIES*

Give full details of any shareholding of more than 10% by the applicant or any director, shareholder or partner in any other company, including shareholdings held in the name of a spouse, nominee or agent.

SECTION 4 — *BORROWINGS, CREDIT ARRANGEMENTS, etc*.

Specify:

• (i) (a) overdraft facilities available (if any) and name of bank or other financial institution involved,

• (b) security given for the overdraft(s), (if any),

• (c) other borrowings and securities/collateral given in relation thereto,

• (ii) details of mortgages, liens, charges or other encumbrances, etc.

SECTION 5 — *ASSETS*

Specify:

• (i) details of premises and whether owned, leased, rented or mortgaged,

• (ii) a list of all other assets of the applicant.

SECTION 6 — *PAST ACTIVITIES*

Specify:

• (i) details of companies, enterprises or business ventures with which the applicant or any director, shareholder or partner was previously associated in a proprietorial role or as a director or shareholder,

• (ii) details of any company, enterprise or business venture involved in bankruptcy or winding-up proceedings with which the applicant or any director, shareholder or partner was involved,

• (iii) details of any prosecutions against the applicant or any director, shareholder or partner for fraud, embezzlement, larceny or other offences involving dishonesty, or under the Consumer Information Act, 1978 , or the Sale of Goods and Supply of Services Act, 1980 , and the outcome of such prosecution.

SECTION 7 — *STATE WHETHER THE APPLICANT*:

• (i) is a member of any trade association (e.g. I.T.A.A., A.B.T.A., etc.),

• (ii) is an agent for airlines which are members of the International Air Transport Association, or

• (iii) operates as a tour operator or travel agent in any other Member State of the European Community; if so, specify the Member State involved and indicate whether the applicant holds a licence, certificate, approval or authorisation from the competent national authorities of such Member State.

SECTION 8 — *LEVEL OF OPERATION AND TURNOVER*

Specify:

• (i) total turnover last year (See Note A),

• (ii) licensable turnover last year as a tour operator (See Note B),

• (iii) nature of non licensable activity, if any, last year,

• (iv) projected total turnover for the period of the licence now sought,

• (v) projected licensable turnover for the period of the licence now sought,

• (vi) nature of proposed non licensable activity,

• (vii) number of seats, by destination, already contracted for or planned in respect of the period of your current licence and average fill rate,

• (viii) number of seats by destination, which it is proposed to contract for in respect of the period of the licence now sought and anticipated average fill rate.

Notes:

• (a) Where turnover is not shown in the audited accounts a separate audited certificate of turnover should be submitted.

• (b) The term "last year" as used in (i), (ii) and (iii) above means the period covered by the audited accounts required to be submitted by the applicant.

SECTION 9 — *NATURE OF BUSINESS*

Applicants should enclose a copy of each current brochure, booking form and conditions in draft or as published. If the applicant does not produce a brochure he should state:

• (a) principal destinations,

• (b) type of travel, e.g. inclusive tour summer, inclusive tour winter, schools travel, etc.,

• (c) surface accommodation offered, e.g. hotels, self-catering, minimum accommodation, etc.,

• (d) details of price guarantees,

(e ) carriers used or to be used.

Where a brochure is not produced the applicant should furnish a copy or a clear statement of the conditions under which bookings are accepted.

Note: New applicants in particular should note that it is a condition of a tour operator's licence that it be reproduced in all brochures and other publicity material.

SECTION 10 — *PREMISES AND STAFFING*

Specify:

• (i) length of time in business,

• (ii) number of branch offices, outlets or premises with addresses and numbers of staff employed in each,

• (iii) how, or to what extent, premises are publicly indentified and specify normal hours of opening,

• (iv) whether premises are used solely for the sale of travel and, if not, specify what other activity is carried on,

• (v) in the case of managerial staff, names and brief career history and an indication of experience, competence or qualifications (e.g. financial, economic, business administration, accountancy or approved recognised third level managerial qualifications),

• (vi) for other staff (clerks, sales staff, etc.) names and length of time employed by applicant and indicate the extent to which they have experience of, or familiarty with, normal practice in the travel industry including—

• (a) tour operator booking procedures,

• (b) airline booking procedures,

• (c) surface carrier booking procedures,

• (d) consumer legislation,

• (e) basic insurance terms.

SECTION 11 — *OTHER INFORMATION*

Specify:

• (i) Name and address of applicant's legal representative,

• (ii) Name and address of applicant's banker(s),

• (iii) Name and address of applicant's auditor/accountant,

• (iv) Address of applicant's principal place of business.

SECTION 12 — *BONDING*

Specify the type of bond which you propose to lodge with the Minister, if he approves of this application.

SECTION 13 — EMERGENCY CONTACT

State name, address and telephone number of person to be contacted outside normal office hours or in an emergency.

GIVEN under my Official Seal, this 2nd day of July, 1987.

JOHN P. WILSON,

Minister for Tourism and

Transport.

The Minister for Finance consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 2nd day of July, 1987.

P. MOLLOY,

A person authorised to authenticate

the Seal of the said Minister.

EXPLANATORY NOTE.

These Regulations provide for an increase in the fees payable in respect of an application for a tour operator's licence and the amendment of such a licence. They also provide for amendments to the application form for a tour operator's licence.