DECEMBER 20 — I refer to the report “Exco: Pets still not allowed in Selangor shopping malls due to multi-racial sensitivities”.
Selangor Local Government and Tourism Committee chairman Datuk Ng Suee Lim has reaffirmed that pets remain prohibited in shopping malls inside the state.
Are there legal provisions to ban pets at shopping malls?
I must say that there is no exact legal provision in Selangor.
But not in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan.
The “exact legal provision” can be found in the Licensing of Trades, Businesses and Industries By-Laws 2016 which came into operation in the three federal territories on September 1, 2016. (PU(A) 229/2016; PU(A) 230/2016 and PU(A) 231/2016)
The by-laws on Prohibitions (No. 20 in Kuala Lumpur, No. 19 in Putrajaya and Labuan) read as follows:
(1) No licensee shall—
(a) employ any person who is under the age of eighteen years;
(b) employ any foreigner without a valid work permit to work in his business premises;
(c) allow any gambling or immoral activities or allow any conduct which will cause nuisance, disturbance, injury or noisiness to the residents within the surrounding area of his business premises;
(d) allow any animal to remain in his business premises other than the premises operating a business or providing a service relating to animal; and
(e) operate other activities in his business premises other than the business activity specified in his licence.
(2) Any licensee who contravenes paragraph (1) commits an offence.
A “licensee” is any person to whom a business premises licence is issued under the by-laws for the purpose of operating a business activity as prescribed in the Schedule to the by-laws. A “business activity” means any trade, business or industrial activity as specified in the Schedule.
“Trade” includes retail/various goods stores – that is, supermarkets and stores (Item 44 of the Schedule).
The by-laws are made by the Minister in exercise of the power conferred by Section 102(s) of the Local Government Act 1976 and pursuant to Section 103 of the Act.
Section 102 of the Act allows for every local authority, from time to time, to “make, amend and revoke by-laws in respect of all such matters as are necessary or desirable for the maintenance of the health, safety and well-being of the inhabitants or for the good order and government of the local authority area and in particular in respect of all or any of the purposes” set out in the paragraphs (a) – (u).
Paragraph (s) is to “control and supervise, by registration, licensing or otherwise, including in proper cases by prohibition, a trade, business or industry which is of an obnoxious nature or which could be a source of nuisance to the public or a class of the public”.
In Selangor, the relevant by-laws can be found in the Licensing of Trades, Businesses, and Industries By-Laws 2007 which came into operation in the cities of Shah Alam and Petaling Jaya, among other local areas in the State, on July 19, 2007.
By-law No. 3 prohibits the operation of any activity of trade, business and industry or the use of any place or premises in the local area or any activity of trade, business and industry without a licence issued by the licensing authority.
“Trade” and business” include supermarket and hypermarket (Items 31 and 32 of the Second Schedule to the by-law).
By-law No. 4 empowers the licensing authority to issue a licence subject to condition and restriction as may be specified in the licence.
The by-laws in Selangor, however, do not include a specific provision on prohibitions such as the prohibition against animals in a business premises other than the premises operating a business or providing a service relating to animals.
Be that as it may, every local authority every is empowered to make by-laws as are necessary or desirable for the maintenance of the health, safety and well-being of the inhabitants or for the good order and government of the local authority area, including prohibiting a matter “which is of an obnoxious nature or which could be a source of nuisance to the public or a class of the public”.
Such prohibition may be a condition or restriction specified in a licence.
Accordingly, I humbly say there are legal provisions to ban pets at shopping malls.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
