Section 163Part 5 — Offences Injurious to the Public in General
Street trading
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163. (1) A person who in a street or on a public way or beach, otherwise than as a roundsman or in a place or building declared to be a market by order of the Cabinet under section 3 of the Markets Act (1997 Revision), sells, offers or exposes for sale, anything (including a living thing) other than foodstuffs commits an offence: Provided that the Commissioner may, at any time at the Commissioner’s discretion, grant a licence, for a period not exceeding one day and on such terms and conditions as the Commissioner shall impose, exempting from subsection (1) any church or any club, society, association or other body of a religious, service or charitable nature.
Notwithstanding subsection (1), the Cabinet may, by order, prohibit the sale or the offer or exposure for sale of food stuffs in any street or on any public way or beach in the Islands, except in a place or building so declared to be a market, and any person who acts in contravention of this subsection, whether as a roundsman or not, commits an offence.
Any person who commits an offence under subsection (1) or (2) is liable on summary conviction —
in the case of a first offence, to a fine of one thousand dollars; Penal Code (2026 Revision) Section 164 c Revised as at 31st December, 2025 Page 71
in the case of a second or subsequent offence, to a fine of five thousand dollars and to imprisonment for six months.
In this section — “roundsman” means a person engaged in going the round of that person’s customers for orders or for the delivery of things.