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three types of licence issued under the act

    three types of licence issued under the act

    The applicant must not have any criminal records. Each local authority must set up a Licensing Committee with between ten and fifteen members; it is assumed that most member level decisions will be made by a sub-committee of three. Statically, trade licenses in India are renewed in between January 1st to March 31st. Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Proprietary software licenses - provide no such authority for code modification or reuse and normally provide software with operational code only, and no source code. The new licensing laws came into effect at midnight on 24 November 2005. The Driving Licence contains information about the individual's name, photograph, age, and address. The Whole Our new State of Open Source Security report is available now. 2. In most instances, software products require activating licenses or agreeing to terms and conditions before programs can be downloaded, installed, or accessed. However, children working behind bars are monitored by other legislative acts such as the Children and Young Persons Act 1933. The licensing objectives Collapse - Part 2. Here are the different types of driving licences in India: 1. This license was made obligatory to make sure that the government can regulate various trade activities in the country. In some cases, pricing and terms of payment may also be included, though this is often covered in a separate document. Only 460 pubs, bars, or nightclubs have 24 hour licences. More information about REAL ID can be found at However, the introduction of Form 696 by the Metropolitan Police Service as part of the licensing system for live music has been criticised by Sharkey and others for the restrictions imposed on music promoters in London.[9][10]. a boxing or wrestling entertainment (both indoors and outdoors), Grant the licence with conditions that match the operating schedule (and conditions can be added), Exclude some licensable activities from the application, Refuse to accept the person specified as DPS (only on police advice), Approve different part of the premises for different activities, Reject the application entirely. The government of India authorizes the license in a manner to regulate in cities across the country. The Licensing Authority will primarily focus on the direct impact of the licensable activities taking place at licensed premises on members of public living, working or engaged in normal activity in the area concerned. This two wheeler license can either be a motor cycle with gear or without gear category. Between these two extremes, there are also three categories (GNU/LGPL, permissive, and copyleft) that apply to various forms of open-source projects. Be sure the software is truly public domain before copying, reusing, or distributing it. Developers release software for a number of reasons, whether it be to demonstrate a new idea, provide benefit to as many people as possible, or for financial and economic gain. 1, 2, 3, 7 DECEMBER 1992, 11 MARCH 1993. The legal basis of operating licences are in section 45 of the Environment Protection Act 2017. My Registration No. 2. Premises and club licence summary There are three main types of licence under the Licensing Act 2003 - Premises Licences, Club Premises Certificates and Personal Licences. Driving licence in Thailand is issued under two different laws: (1) Automobile Act, 1979 for small cars and motorcycle; [7] (2) Land Transport Act, 1979 for heavy good and passenger vehicles. The fee structure for the issuance of the license differs based on the nature of the business. [7], To deal with the concerns raised, the Live Music Forum was set up, chaired by Feargal Sharkey. The police and Environmental Health have three working days to make an objection. 9A. Open Source Licenses: Types and Comparison. Join our newsletter to stay updated on Taxation and Corporate Law. may also experience some issues with your browser, such as an alert box that a script is taking a Every sale or supply of alcohol must be made or authorised by a Personal Licence Holder. Such individual or partnership will also be liable to HCT and CIT on profits so made[19]and will be liable to pay an administrative penalty of N10Million, N2Million for each day the offense continues and upon conviction, the sum of N20Million or Six (6) months imprisonment. . In the case of an individual applicant, his/her Aadhaar Card is mandatory. The developer retains ownership, but the re-branding company is permitted to resell the software product. Licences become operating licences If you have a current licence, this automatically transitions to an operating licence on 1 July 2021. These encompass a wide spectrum of licensing scenarios, from free software (public domain) to paid commercial software (proprietary). Under the previous regime, there were the oil exploration licence, oil prospecting licence and oil mining lease.Now the word Oil has been replaced with the word Petroleum. The local authority can only refuse such an application on police advice. [29]It is important to note that new marginal fields shall not be declared under the Act.[30]. A holder of an OPL or OML who wishes to convert may do so through a Conversion Contract. However, a notice of default shall be sent to the last known address of the holder in addition to the provision of a remediation period of not less than 60 days. Trademarks in Nigeria: Registration, Infringement and Enforcement, How to Obtain a Payment Solution Service Providers Licence in Nigeria, An Overview of CBNs Operational Guidelines for Open Banking in Nigeria, The Benefits of Protecting your Intellectual Property in Nigeria, Goldsmiths Solicitors Legal Recap for the Year 2022. Certain supplies of alcohol to be treated as sales 4. The purpose behind granting a compulsory license is to maintain the working of patented inventions on a commercial scale in India so that the interest of any person working or developing an invention is not prejudiced. Can a business have multiple types of software licenses? 9. These conditions are designed to protect the developers intellectual property rights and to limit claims against them for potential damage resulting from use of their software. Conversely, those against the legislation believe that binge drinking will increase, as drinkers will have more time to get drunk. Snyk provides one-click fix PRs for vulnerable open source dependencies and their transitive dependencies. A personal licence allows a person to sell or authorise the sale of alcohol under the authority of a premises license. In general, it takes 7-10 days time to process the application of Trade license in metro cities. [22]Upon submission, the NURC shall evaluate the technical and commercial terms of the field development plan and shall approve it where it meets certain conditions. This licenses terms are restrictive known as reciprocal licenses. Examples of events that could be covered by a TEN include a pub wants to stay open all weekend for a special occasion, but does not want to apply for, or cannot get, a licence allowing this all the time; or a beer tent in a summer fair. So long as the criteria noted above are met (as well as any others that may apply, for example, if alcohol is being sold, that provisions are in place to stop persons under the age of 18 from buying it) and the police have no objections, the event can proceed. It has a validity of 6 months, within which you have to apply for a permanent licence. Under the provisions of the Licensing Act 2003 and following consultation, we adopted a licensing policy statement on 13th December 2004. In case the renewal process is delayed, then it may attract fine depending upon the rules and regulation of the issuing authority. SCHEDULEMandatory Licensing Conditions 1. In both cases, the software license will most often specify limitations of liability from use of the software product, any mutual responsibilities such as support, and any warranties or disclaimer of warranty. Generally, gas flaring or venting by a licensee, lessor or the operator of a marginal field is an offence except it is done: The fine is imposed on gas flaring or venting is for the remediation of the environment and relief of the host communities of the settlors. Electronic Aerospace and Defence equipment: all types. long time to run. Agendas,reports and minutes for the Licensing CommitteeHearings. 8. 2023 Snyk LimitedRegistered in England and Wales, Listen to the Cloud Security Podcast, powered by Snyk Ltd, Node.js licensing and security considerations, Copyleft: The rise of open-source software licensing, What is the AGPL license? 14. 1. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. The committee can and is expected to have a scheme of delegation for different types of decision; this means that many applications will be decided by officers. Does Colorado have a defensive driving course? Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. Although not specifically referred to in the original act, guidance is provided for the establishment of Cumulative Impact Zones (CIZ),[3] which allows Licensing Authorities to designate an area as such when there is evidence that the accumulation of licensed premises within it may cause one or more of the licensing objectives to be undermined if further licences are granted. Types of licence 1.24 The Act refers to three types of licences that can be awarded: operator licence spaceport licence range control licence 1.25 Following the publication of the Act, it was agreed that there should be different licensin g requirements for different types of operators. [23], The areas where there is a declaration of commercial discovery in respect of may be developed and worked on, on a unitization basis for the purpose of optimum recovery of petroleum from a petroleum reservoir. Open source and proprietary software licensing may also specify additional restrictions and terms: Transfer of ownership to the buyer or retention of ownership by the seller, Any authorization for copying, selling, or distributing the software, Definition of whether the license constitutes purchase or leasing of the software. (1) Section 61 (confiscation of alcohol from persons under 18) Scottish Public Services Ombudsman Act 2002 (asp 11). A broadcast license is a type of spectrum license granting the licensee permission to use a portion of the radio frequency spectrum in a given geographical area for broadcasting purposes. Licensing framework has been an integral part of India's telecommunication law. Any copyrights that apply to the software. public safety: the physical safety of people using the venue. The full committee is expected to receive monitoring reports. 6B. "licence" means a licence issued under this Act; ("permis") "liquor" means spirits, wine and beer or any combination of them and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter; ("boisson alcoolise") Any person is eligible for a voluntary license from the copyright owner in giving in written to publish work. It is NOT legal advice. [8] In accordance with the Automobile Act of 1979, driving licences may be classified as follows: [9] Copyright 2023 Goldsmiths Solicitors; All Rights Reserved. 3. of premises licence or summary, Dismissal, resignation, death etc. When software is defined as being in the public domain, anyone is free to use and modify the software without restrictions. Premises at which entertainment and certain other activities including the sale of alcohol are provided are required to be licensed under the Licensing Act 2003 (the Act). 6. Club Premises Certificates CPC's are granted to venues where qualifying criteria are met and sale of alcohol takes place. Premises Licenses These are given to the venue itself with conditions to abide by. not to be drunk, Offences relating to sale of alcohol to trade, Prohibition of unauthorised sale of alcohol on moving vehicles, Prohibition of late-night deliveries of alcohol, Power to prohibit sale of alcohol on trains, Power to prohibit sale of alcohol on ferries, Effect of appeal against conviction for relevant or foreign offence, Form etc. Once a licence is granted, it is valid until it is either surrendered or lapses in accordance with the act, in contrast to previous schemes, where the licence generally had to be renewed annually. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 1.Prohibition of unlicensed sale of alcohol, 3.Certain supplies of alcohol to be treated as sales, 8.Applicants attempting to influence Board members, 9.Licensing Board's duty to keep a public register, 11.General functions of Local Licensing Forums, 12.Licensing Boards' duties in relation to Local Licensing Forums, 12A.Chief constable's reports to Licensing Boards and Local Licensing Forums, 14.General functions of Licensing Standards Officers, 15.Powers of entry, inspection and seizure, 16.Training of Licensing Standards Officers, 18.Meaning of appropriate Licensing Board, 23.Determination of premises licence application, 24.Applicant's duty to notify Licensing Board of convictions, 24A.Power to request antisocial behaviour report, 25.Further application after refusal of premises licence application, 27A.Power of Board to vary premises licence conditions, 30.Determination of application for variation, 31.Variation to substitute new premises manager, 32.Further application after refusal of application for variation, 33.Transfer on application of licence holder, 34.Transfer on application of person other than licence holder, 36.Application for review of premises licence, 37.Review of premises licence on Licensing Board's initiative, 39B.Recall of revocation of licence under section 39(2A), 40.Review of Licensing Board's decision to vary or suspend licence, 40A.Connected persons: licence holder's duty to notify changes, Conviction of licence holder etc. This memorandum explains the types of licences available under the Act. Old VS New tax regime Which regime is better? not to be drunk, 117.Offences relating to sale of alcohol to trade, 118.Prohibition of unauthorised sale of alcohol on moving vehicles. An ISP may be established where there is a project by the UPO to produce oil and natural gas, which is to be processed and refined as a final product and sold to the local market.[3]. This means that if the code included in the software product was specified to be for personal use only, the new product being distributed must carry that same designation/restriction. Licences/Lease in Upstream Petroleum Operations. The failure to comply with pre-requisites of the trade license can also result in the closure of a business. Snyk is a developer security platform. But note that other. [18]It is an offence for Individuals and Partnerships other than Companies or partnership between Companies to engage in upstream petroleum operations. The Whole Act you have selected contains over 200 provisions and might take some time to download. Learning Licence This is the first step towards getting a permanent licence in India. Eligibility and guidance notes Download the. R v Brown [1993] 2 All ER 75. He attended Ahmadu Bello University, Zaria, Nigeria, where he obtained a Bachelor of Laws degree, LL.B (Hons.) What are the three types of licence issued under the Act? HOUSE OF LORDS. Application for transfer of premises licence 43. Revised legislation carried on this site may not be fully up to date. It has to be obtained within 30 days of commencement of business in other small cities and rural areas. Top questions answered, What is the BSD License? The application for renewal of the license is to be made within thirty days from the date of its expiry. 4 (2) The following persons may do the electrical work indicated: (a) a person who holds a valid licence may do electrical work of the type, and within the limitations, specified in the licence; (b) a person who has been issued a permit may do electrical work in accordance with the permit and section 7; (c) subject to section 4.1, Download the appropriateguidance notes to find out more about eligibility criteria. Enterprise-level software providers will generally present complex license templates based on corporate standards. If you have a passport or military ID card, you may never need a REAL ID. New users of a software will normally enter into an end-user license agreement (EULA) that constitutes a legal definition of the relationship between the licensor (provider) and licensee (user or business). Shop license: a barber shop, dhobi shop, candle manufacturer etc. The goal is to clarify the relationship from both a legal and technical viewpoint, so there are no surprises or guesswork regarding responsibilities while the agreement is in effect. It is issued by the licensing department of the municipal corporation in various departments like industries, engineering, health etc. [17], Any of these licences or lease may only be granted to companies incorporated under the Companies and Allied Matters Act. Variation of premises licence: supply of alcohol from community premises Transfer of premises licence 42. In order to ensure that all parties involved in the process are able to benefit from the software, the terms and conditions for its use must be clearly defined. There is no need for permission for a temporary event; the prospective premises user only has to formally notify the council and police that the event will take place. 13. After the hearing, the authority can make one of five decisions: Any person or responsible authority can apply to the licensing authority for a review of an existing premises licence, with the aim of amending its conditions or revoking it entirely. 4. Industries license: small, medium and large scale manufacturing factories. It is designed to help with theday to day running of the premises and ensuring requirements as set out in law are complied with. It introduces a change in upstream sectors license type nomenclature and has replaced the word Oil with the word Petroleum suggesting that there are more far-reaching licensing requirements. 7. Personal Licences A Personal Licence authorises individuals to supervise the sale of alcohol where a premises licence is in force. Please note that the contents of this Article are for general guidance on the Subject Matter. LMV means Light Motor Vehicle while MCWG means Motorcycle With Gear. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. It is a crucial document that is required for the following reasons. 1. Trade Licenseis alicenseor permission issued by municipal corporation granting permission to carry on a particular business at a particular address. It has been suggested that councillors should not be involved in any way in decisions on premises in their ward, and the Standards Board for England has advised that only councillors who are members of the committee should have any role in considering applications. MC 50CC (Motorcycle 50cc) motorcycles with an engine capacity of up to 50cc. However, the grant of a licence to operate a refinery is issued by the Minister on the recommendation of the Authority. 3. What are the responsibilities of a personal licence holder? A TEN can only be given in respect of the same premises fifteen times in a calendar year. 11. The Licensing Act sets out four licensing objectives of no preferential order which must be taken into account and adhered to: The prevention of crime and disorder, public safety, prevention of public nuisance, and the protection of children from harm In Scotland there is a fifth licensing objective: protecting and improving public health. Snyk Open Source License Compliance allows businesses to effectively track open-source licenses across projects, regardless of the type of licenses in use. My trade licence of Prompt Softtware Consultant is not showing in your Portal. A trade license is a document/certificate that gives the permission to the applicant (person seeking to open a business) to commence a particular trade or business in a particular area/location. Someone under the age of eighteen attempting to purchase alcohol for the first time in English law is considered a criminal offence, and is punishable by a fine of up to 1,000 (or level 3 on the standard scale). Furthermore, this license does not pass on any kind of property ownership to the holder of the license. However, in the telecom sector, the government had complete monopoly until the early 1990s. It allows some or all of these licensable activities to be contained in a single licencethe premises licencethat replaced other schemes. This Act, as amended by Act 79 of 1971, came into force in the State of Jammu and Kashmir on 6-3-1972 and in the districts of Kohima and Mokokchung in the State of Nagaland on 15-2-1972, vide notification No. Since the original software included with the new project allowed modifications and distribution, this may not be the best license for software developers because the resulting code must also carry the copyleft license type including the availability of the source code. As indicated in a graph from the National Telecommunications and Information Administration . 8. Under a permissive license also referred to as Apache or BSD style there are few restrictions or requirements for the distribution or modifications of the software. Industries license: small and large scale manufacturing factories, cyber caf etc. Applicants must serve a copy of the application on Responsible Authorities, which include: the licensing authority (the council), the police, the fire authority, the body of responsible for health and safety enforcement, the body responsible for dealing with pollution (Environmental Health), a body responsible for advising on Child Protection issues, the planning authority, and the weights and measures/trading standards authority. 6. Resulting code can be licensed under any other type of license even proprietary when projects are compiled or linked to include an LGPL-licensed library. This is a permissive license that allows adopting the code into applications or projects and reusing the software as desired. Software license pricing varies widely, depending on the type of software, how it is provided, and the suppliers cost to develop the software. What constitutes correct usage of the software. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. There are various other provisions, rules, and regulations that are required to be followed by the registered person. The Commission is responsible for issuing licences to operators in the upstream sector. The three types of licenses that are issued by the government are :. 2. Food establishment license: Restaurants, hotels, food stall, canteen, the sale of meat & vegetables, bakeries etc. [34]Where a satisfactory remedy is received, the revocation process shall be terminated[35]otherwise it shall be revoked and the fact of revocation shall be published in the Federal Government Gazette.[36]. Allowing disorderly conduct on licensed premises, Sale or supply (or attempt) or allowing sale or supply of alcohol to person who is drunk, Obtaining or attempting to obtain alcohol for consumption on relevant premises by drunk person. Most software falls under one of two categories that have distinct differences in how they are viewed under copyright law: Proprietary also referred to as closed source, Free and open-source software (FOSS) referred to as open source. A premises licence that includes the sale of alcohol must name an individual who holds a personal licence granted under the act. The Nigerian Upstream Petroleum Regulatory Commission (the Commission) is responsible for regulating the Upstream sector. Nneka is a partner in our Energy and Natural Resources Practice Groups and is an integral part of our Projects Team. 5A. They must show a licensing qualification and a criminal record clean of relevant offences. 6. Managing the terms of each license and adhering to all compliance issues can be challenging, with considerable financial implications when terms are not adhered to whether intentionally or not. The Act imposes restrictions on several tobacco and alcohol-related activities and, in many cases, a person may only be permitted to undertake these activities if they possess the appropriate licence issued by the CCRA. Act you have selected contains over [21]The field development plan may be submitted in phases. There are different documents that required to be provided depending on the type of business intended to carry on. Under the previous regime, there were the oil exploration licence, oil prospecting licence and oil mining lease. On 8 November 2007, the Department for Culture, Media and Sport reported that there were 176,400 licensed premises in England and Wales. No sale or supply of alcohol can be made without an appointed Designated Premises Supervisor (DPS). Below mentioned types of FSSAI is as per the annual turnover -. The first step to hold a public event outdoors on public property in the City and County of Denver is to submit an Office of Special Events (OSE) application. Its report,[8] issued in July 2007, reported that overall "the Licensing Act has had a neutral effect on the UKs live music scene", but recommended there should be more flexibility of the application of the Act on smaller premises. 200 provisions and might take some time to download. There are five main software license categories or types used to cover different kinds of software and various business arrangements. The EULA is a contract that establishes the rights of the purchaser for installing and using the software. Pursuant to an exception granted by the commission for a specific period and purpose as defined under the Act. [6] There have been press stories about how the law unreasonably singles out the playing of musical instruments when compared to other forms of entertainment, such as circus performances. 5. Summary of H.R.2872 - 118th Congress (2023-2024): To amend the Permanent Electronic Duck Stamp Act of 2013 to allow States to issue electronic stamps under such Act, and for other purposes. All 7 Mandatory Licensing Conditions Now Apply! Notice is given to the council responsible for the area in which the event is to be held. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. Licensing (Scotland) Act 2005 is up to date with all changes known to be in force on or before 02 May 2023. Failure to follow the terms and conditions of an open-source license can lead to revealing trade secrets or even legal action from the projects developers. This license is issued for private vehicles such as cars, bikes and other categories of light vehicles. Prosper is described by his peers and clients as a consummate litigator with an eye for details. Act you have selected contains over A REAL ID Card issued by Massachusetts is compliant with the federal REAL ID Act of 2005. A premises licence is required for any premises offering licensable activities.

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