Vendors who set up shop in public spaces – such as beaches – without a valid trade and business license are breaking the law and, as of 1 January 2013, they will be prosecuted under Section 163 of the Penal Code by the Royal Cayman Islands Police Service (RCIPS).

While the enforcement action covers all public spaces, a primary concern for the Trade and Business Licensing Unit (TBL) is the public beaches. TBL staff are now working with the Parks and Recreation Unit, the Department of Tourism (DoT) and the RCIPS to ensure that vendors are not violating the Trade and Business License Law (2007).

“DoT welcomes vendors offering visitors and residents a taste of our culture and heritage in public spaces. However, it should never occur to the extent where our visitors and residents begin to feel harassed,” said Director of Tourism, Mr Shomari Scott.

“We support the Department of Commerce and Investment and its Trade and Business Licensing Unit in their enforcement campaign to manage and regulate public vending on our beaches. We hope all business persons see this campaign not as a hindrance, but as an initiative to ensure the Cayman Islands maintains its place as a premier tourism destination.”

Section 163 of the Penal Code addresses public vending. Any person found guilty of contravening this section is liable to a $1,000 fine for the first offence, and a $5,000 fine and imprisonment of up to six months for the second offence.

“If vendors are found without a valid trade and business license after 1 January, they will be immediately prosecuted by the RCIPS,” said TBL’s head of business licensing and enforcement, Mr Ryan Rajkumarsingh. “And as far as using the public cabanas on Seven Mile Beach for vending purposes, this is strictly prohibited. These are intended for leisurely use by beachgoers only.”

TBL will consider granting licenses to individuals who have received Cabinet approval to use public property to carry on their trades, Mr Rajkumarsingh said. However, he noted that depending on the type of business, that individual must also meet requirements from various Government departments such as Planning; Environment, for food handling; and DoT, for PRIDE customer service training.

Initiated in 2008, DoT’s PRIDE programme creates a baseline for customer service throughout tourism providers in the Cayman Islands.

“It is important that persons who are interfacing with our visitors are equipped with the necessary tools to provide the best experience possible,” said Mr Scott. “Therefore, we are pleased to have the PRIDE certification recognised as an important component of this process moving forward.

“Our guests continue to choose our destination because of the ‘no-hassle’ factor and the wonderful spirit of relaxation and safety which we provide. We should endeavour to maintain this element in all manners possible,” Mr Scott said.

To obtain a trade and business licence:

1.) Visit the Trade and Business Licensing Unit’s website at  www.dci.gov.ky, or call 945-0943 to find out the requirements for setting up your type of business.

2.) Obtain permissions from the relevant Government departments/agencies and Cabinet.

3.) Complete the PRIDE training certification programme.

4.) Submit all of the approved documents to the Trade and Business Licensing Unit for licensing consideration.

Mr Rajkumarsingh acknowledged that an immediate prosecution of vendors who are breaking the law may pose a threat to their livelihood. “We therefore are offering a grace period of three months, to give persons time to get in compliance with the law,” he said.

“But this grace period will definitely end on 31 December 2012,” he emphasised. “It is important for vendors to know that there are serious repercussions for not having a valid trade and business license.”