S.I. No. 176/1992 - Tour Operators (Licensing) (Amendment) Regulations, 1992.

S.I. No. 176 of 1992.

TOUR OPERATORS (LICENSING) (AMENDMENT) REGULATIONS, 1992.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Tourism, Transport and Communications 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 ), as adapted by the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1991 ( S.I. No. 25 of 1991 ), 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. (1) These Regulations may be cited as the Tour Operators (Licensing) (Amendment) Regulations, 1992.

(2) The Tour Operators (Licensing) Regulations, 1983 to 1989, and these Regulations may be cited together as the Tour Operators (Licensing) Regulations, 1983 to 1992.

2. These Regulations shall come into operation on the 1st day of July, 1992.

3. The Tour Operators (Licensing) Regulations, 1983 ( S.I. No. 100 of 1983 ), as amended by the Tour Operators (Licensing) (Amendment) Regulations, 1989 ( S.I. No. 160 of 1989 ), are hereby amended by—

( a ) the substitution for Regulation 7 of the following Regulation:

"7. ( a ) an application for a licence shall be accompanied by the applicant's latest accounts duly audited and certified, covering a twelve month accounting period ending on a date not earlier than twelve months before the date of application.

( b ) notwithstanding paragraph (a) of this Regulation the Minister may require a licensed Tour Operator to furnish to the Minister the licensee's audited financial statements by a specified date following the end of the licensee's twelve month accounting period or the end of such other accounting period as shall be agreed to by the Minister.";

( b ) the substitution for Regulation 9 (a) (inserted by the Tour Operators (Licensing) (Amendment) Regulations, 1988) ( S.I. No. 133 of 1988 )) of the following paragraph:

"9. ( a ) The amount of the fee payable on an application for a 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 projected licensable turnover specified in column (2) of that Table at that reference number.

Table

.";

( c ) the substitution in Regulation 9 (c) for "£88.00" (inserted by the Tour Operators (Licensing) (Amendment) Regulations, 1988) of "£101";

( d ) the substitution for paragraphs "(d), (e), (f) and (g)" of Regulation 9 inserted by the Tour Operators (Licensing) (Amendment) Regulations, 1988) of the following paragraphs:

"( d ) In the case of an applicant for a tour operator's licence who has not held a tour operator's or travel agents licence within the two years immediately prior to application, an additional fee of £201 shall be payable.

"( e ) Where an application for a tour operator's licence is received less than two months but more than one month prior to the date on which the licence is required to commence, an additional fee of £1,000 shall be payable.

"( f ) Where an application for a tour operator's licence is received less than one month prior to the date on which the licence is required to commence, an additional fee of £2,000 shall be payable.

"( g ) Where an applicant for a tour operator's licence has failed to submit audited financial statements as required by the Minister under Regulation 7 (b), an additional fee of £1,000 shall be payable.";

( e ) the insertion of Regulation 9 (h):

"( h ) The Minister may, at her discretion, waive the additional fees payable under paragraphs (e) and (f) where she is satisfied that the delay in submission of an application was due solely to circumstances outside the control of the applicant, his agents or servants."; and

( f ) the substitution of the following Schedule for the first Schedule:

"FIRST SCHEDULE

Regulation 6

APPLICATION FOR A TOUR OPERATOR'S LICENCE

Checklist for all Tour Operator Licence Applications

Note: An application without a completed checklist will not be regarded as a valid application and will be returned to the applicant for completion. This may result in a late application fee for a applicant.

APPLICATION FOR A TOUR OPERATOR'S LICENCE

Additional checklist for new Applicants only

Note: An application without a completed checklist will not be regarded as a valid application and will be returned to the applicant for completion. This may result in a late application fee for the applicant.

TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982

APPLICATION FOR A TOUR OPERATOR'S LICENCE

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

Business or Trading Names 1............................................................ ............................................................ ..

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

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

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

Fax. 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.

¹ Certificates of Registration of Business or Trading names must be supplied unless previously furnished.

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 1982 Act.

This form should be returned to:

The Secretary,

Department of Tourism, Transport and Communications,

Travel Trade Licensing (Room 503),

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 1990.

(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 1990:

(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, i.e., the beneficial owners of the Company,

(c) state whether the Company has a shadow director within the meaning of Section 27 of the Companies Act, 1990 ⁽¹⁾. If so, state the full name and private address of the person concerned,

(d) 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,

¹ A shadow director is defined in the Act as a "person in accordance with whose directions or intructions the directors of a company are accustomed to act".

(e) 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 or names of any such company or companies,

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

Note: (A) If the answer to 1 (iv) (d) or 1 (iv) (e) 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.

(B) Applicants are advised to take special care to ensure that all the information in Section 1 is up to date.

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 share holder and full details of shares held by each.

SECTION 3 — Shareholding in Other Companies

Give full details of any shareholding of more than 10 per cent by the applicant or any director, shareholder or partner in any other company, including shareholdings held in the same 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 overdraft(s), (if any),

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

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

(iii) (a) amount and nature of directors' loans invested in the Company,

(b) name of director(s) to whom the Company is liable for loan capital.

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, shadow 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, shadow director, shareholder or partner was involved,

(iii) details of any prosecutions against the applicant or any director, shadow 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) turnover licensable last year (see Note B),

(iii) nature of non licensable activity 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, if any.

(vii) number of seats, by destination, already contracted for or planned in respect 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,

(ix) average inclusive selling price to customers per seat in respect of (vii) and (viii) above.

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 the licensee shall publish in a prominent position in the brochures and publicity material issued in connection with his business a statement that he is licensed by the Minister and shall also quote the licence number which appears on his licence.

SECTION 10 — Premises and Staffing

Specify:

(i) length of time in business,

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

(iii) how, or to what extent, premises are publicly identified 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 familiarity 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 persons to be contacted outside normal office hours or in an emergency.

SCHEDULE TO TOUR OPERATOR'S APPLICATION FORM

Financial Data to be Supplied by New Entrants to the Travel Trade

New Entrants to the travel trade, who would not have the required audited accounts available (i.e. Accounts covering a 12 month period ending on a date not earlier than 12 months before the date of application) should furnish:

(a) an audited Opening Balance Sheet;

(b) Projected monthly Cash Flow Statement, Trading and Profit and Loss Account for the first year of trading; and

(c) Projected Balance Sheet at the end of the first year of trading.

(d) Confirmation from the applicant's Auditor that he is satisfied that the projections and calculations made in (b) and (c) above, so far as the accounting policies and calculations are concerned, are properly compiled on foot of the accompanying assumptions made by the Applicant and are presented on a basis consistent with the accounting policies normally adopted by the Applicant.

Note: In the case of a sole trader or a partnership a statement of affairs of all the applicant's assets and liabilities audited by the applicant's Auditors will be required for (a) above and a projected statement of affairs for (c).".

GIVEN under my Official Seal, this 1st day of July, 1992.

MÁIRE GEOGHEGAN-QUINN,

Minister for Tourism, Transport

and Communications.

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

GIVEN under the Official Seal of the Minister for Finance, this 1st day of July, 1992.

PHILIP FURLONG,

A person authorised to authenticate

the Seal of the said Minister.

EXPLANATORY NOTE.

These Regulations provide for—

( a ) an increase in fees payable in respect of applications for Tour Operators' licences and for the amendment of such licences,

( b ) the introduction of additional fees for licensees who have failed to submit audited financial statements by a date specified by the Minister, and

( c ) a revised Application Form for a Tour Operator's licence.