Laws of Malawi

TOURISM AND HOTELS: SUBSIDIARY LEGISLATION

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TOURISM AND HOTELS: SUBSIDIARY LEGISLATION

HOTELS REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

    1.    Citation

    2.    Interpretation

    3.    Forms of application

    4.    Procedure on application

    5.    Consideration of application

    6.    Grant of licence

    7.    Notification on change of ownership

    8.    Classification of hotels

    9.    Factors governing classification

    10.    Issue of notice of classification

    11.    Maximum charges fixed by the Board

    12.    Excessive charges an offence

    13.    List of charges to be displayed

    14.    Notice of classification to be displayed

    15.    Bedrooms to be numbered

    16.    Right to services

    17.    Monthly rates

    18.    Accommodation in a double room

    19.    Additional fees prohibited

    20.    Charges for full board terms

    21.    Bill to be supplied

    22.    Signature of notices etc., issued by the Board

    23.    Power of inspector

    24.    Particulars of classification to be published

    25.    Penalties

        Schedule

G.N. 52/1968
176/1971
10/1974
12/1982
25/2009

HOTELS REGULATIONS

under s. 15

1.    Citation

    These Regulations may be cited as the Hotels Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    “accommodation” means the supply of a bed with clean, sufficient and suitable mosquito net, linen, bed-cover, and other bedding and includes the cleaning of the bedroom and any other supply or service which may reasonably be expected in an hotel of the class to which the licence relates;

    “application” means an application under these Regulations;

    “bath” includes the supply of adequate hot water, soap, towels, and cleaning of the bath and bathroom;

    “full board” means accommodation, early morning tea, breakfast, luncheon, afternoon tea, dinner and bath.

    “tourism enterprise” includes any business or undertaking that provides or offers goods and services for tourists, travellers and excursionists.

3.    Forms of application

    (1) Any person required by the Act to obtain a licence to keep or manage an hotel shall submit an application to the Board in Form 1 in the Schedule.

    (2) Any person required by the Act to renew such licence shall submit an application to the Board in Form 2 in the Schedule.

    (3) Any person desiring to have such licence transferred shall submit an application to the Board in Form 3 in the Schedule.

4.    Procedure on application

    (1) Upon receipt of an application the Board shall satisfy itself that the particulars set out therein are correct and shall cause such investigation or inspection of the premises concerned to be made as the Board may consider necessary.

    (2) Upon receipt of an application, the Board shall send a notice to the applicant acknowledging such receipt and specifying the date and place on and at which the Board will consider such application.

5.    Consideration of application

    Upon the date appointed for the consideration of an application, the Board shall consider the particulars set out therein together with such reports of inspections and investigations as may have been called for, and, after making recommendations on the matter to the Minister and having received the Minister’s approval, may—

    (a)    grant or refuse a licence;

    (b)    fix the maximum charges to apply to the hotel in question; or

    (c)    permit the hotel to be carried on without a licence for a period not exceeding three months pending further inquiry.

6.    Grant of licence

    The licence granted by the Board in respect of an hotel shall be in Form 4 in the Schedule.

7.    Notification on change of ownership

    When the ownership of an hotel changes, the holder of the licence shall forthwith furnish to the Board particulars of such change.

8.    Classification of hotels

    The Board shall, with the approval of the Minister and in accordance with such principles as the Board may from time to time, by notice, declare, classify hotels into such classes as it may, by notice, specify.

9.    Factors governing classification

    In determining the class to which a particular hotel belongs, the Board shall take into consideration all the factors relevant to the hotel of which it may reasonably become informed and, in particular, the following—

    (a)    the standard of service provided and the degree of efficiency of the management and the staff;

    (b)    the degree of comfort afforded, the quality of the equipment and furnishings, the proportion of the number of bathrooms to the number of bedrooms and the number of private bathrooms in proportion to the total number of bathrooms;

    (c)    the standard of cleanliness throughout the hotel and the sanitary facilities provided;

    (d)    the manner in which food is stored, prepared, cooked and served and the quality and quantity of the food;

    (e)    the structure of the hotel buildings and the amenities provided by or in public rooms, the recreational facilities of the hotel and, where relevant, of its surrounding grounds.

10.    Issue…

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