Circular No 146/2021
Dated 30 Apr 2021

To Members of the Malaysian Bar

Update on Imposition by Local Authorities of Requirement of Licences for Premises and/or Signboards (30 Apr 2021)

We refer to Circular No 056/2020 dated 11 Mar 2020, entitled “Update on Imposition by Local Authorities of Requirement of Licences for Premises and/or Signboards (11 Mar 2020)”.

As informed in the above-mentioned circular, the Bar Council had written to Dato’ Nor Hisham bin A Dahlan, Mayor of Kuala Lumpur, on 5 Mar 2020 to request a meeting to discuss and resolve this issue.  The Bar Council also wrote to YB Puan Hajah Zuraida Kamaruddin, Minister of the Ministry of Housing and Local Government (Kementerian Perumahan dan Kerajaan Tempatan, “KPKT”) on 17 Sept 2020 to request a meeting to discuss and resolve this issue.  Consequent to this request, the Bar Council had a meeting with the Local Government Department of KPKT (Jabatan Kerajaan Tempatan, “JKT”) on 27 Oct 2020 to discuss issues relating to various licensing requirements by local authorities.

At this meeting, the Bar Council was informed that a decision had been made at the Mesyuarat Majlis Negara Bagi Kerajaan Tempatan Ke-27 on 4 Dec 1982 exempting professionals from having to apply for premises licence under section 102(s) of the Local Government Act 1976 (Act 171) (“the MNKT Decision”).

The Bar Council was also informed that upon receipt of Bar Council’s complaints, JKT had circulated its letter dated 30 Sept 2020 to all the local authorities, drawing their attention to the MNKT Decision and urging compliance (“JKT Letter”).  Please click here (see page 3 onwards) to view the JKT Letter.

The Bar Council has recently received complaints from law firms that they had been visited by local authorities asking for their premises licence.  Members are advised to show the JKT Letter to the local authorities and to keep a detailed record of the visit.

The Bar Council has also received complaints from law firms that the local authorities require them to apply for a signboard licence.  The Bar Council is in the midst of preparing a position paper to request for an exemption for signboard licence as well.

In the meantime, the Bar Council maintains its positions that law firms are regulated under the Legal Profession Act 1976 and the Legal Profession (Publicity) Rules 2001, and that there is no requirement for law firms to make payment to their local council for neither a premises nor a signboard licence.  Members of the Bar who receive any notice or summons in respect of premises or signboard licence are advised to inform the Bar Council.  Members who have received visits from the local authorities on these issues are also advised to inform the Bar Council with the visits records referred to earlier here.

We will notify Members as and when there are developments.

Should you have any enquiries, please contact Malathi Mohan, Senior Officer (03-2050 2150), Raz Ida Nadira Razali, Officer (03-2050 2090), or Md Faizal b Mahat, Senior Administrative Assistant (03-2050 2088); or send an email to lpc@malaysianbar.org.my.

Thank you.

Shahareen Begum
Secretary
Malaysian Bar

Please click here to view the full circular on our website, or here to view it on our Facebook page.