4 Control of trades and businesses (1) Subject to this Act, no person shall, in any shop, store or other fixed place of business, carry on the trade or business of selling or letting for hire any goods, except in terms of a licence: Provided that, where the sale or letting for hire of any particular goods is effected by an agent on behalf of a principal, it shall be sufficient compliance with this section in respect of such sale or letting for hire if it is effected in terms of a licence issued to either the agent or the principal in respect of the shop, store or other fixed place of business concerned. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not excee ding level eight or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. [Subsection as inserted by Section 4 of Act No. 22 of 2001] 5 Control of vending machines (1) Subject to this Act, no person shall carry on the trade or business of selling goods by means of a vending machine which is situated otherwise than wholly or partly on licensed premises except in terms of a licence issued in respect of the vending machine: Provided that, where the sale of the goods concerned is effected by an agent on behalf of a principal, it shall be sufficient compliance with this section in respect of such sale if it is effected in terms of a licence issued to either the agent or the principal in respect of the vending machine concerned. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [Subsection as inserted by Section 4 of Act No. 22 of 2001] 6 Exemptions Where he considers— (a) that it is desirable in the interests of the public or any section of the public; or (b) that any trade or business for which a licence is required in terms of this Act has been, is, or is likely to be, curtailed or restricted by virtue of anything done or required to be done under any law relating to defence or the preservation of public safety or the maintenance of law and order or by virtue of any hostile act or activity directed towards the Government or inhabitants of Zimbabwe; the Minister may— (i) by notice in writing exempt any person from the requirement to take out or renew a licence in terms of this Act or from liability to pay the whole or part of any fee or penalty payable in respect of a licence required to be held in terms of this Act; or (ii) refund to any person the whole or part of any fee or penalty which has been paid in respect of a licence and which is vested in the Consolidated Revenue Fund; or (iii) after consultation with the licensing authority concerned, direct the licensing authority to refund to any person the whole or part of any fee or penalty which has been paid in respect of a licence and which is vested in the licensing authority whereupon the licensing authority shall, notwithstanding any law to the contrary, comply with such direction. PART III LICENSING AUT HORITIES 7 Constitution of licensing authority (1) The licensing authority for any area shall be— (a) in the case of an area under the jurisdiction of a local authority, the council or board of such local authority or any committee or employee thereof exercising powers delegated in terms of subsection (2); (b) in the case of an area not referred to in paragraph (a), a board established by the Minister for such area as may be specified by the Minister and consisting of three inhabitants of the district or districts in which the specified area is situated, appointed by the Minister, one of whom he shall designate as the Chairman. (2) A licensing authority which is the council or board of a local authority may delegate to a committee of such council or board or to an employee of such council or board such of the powers vested in it by or under this Act as it considers to be necessary or desirable and may in like manner amend or withdraw any such delegation. (3) Any amendment, withdrawal or lapsing of the powers delegated in terms of subsection (2), whether in whole or in part, shall not invalidate anything done in pursuance of a decision lawfully taken by the delegate before the date of such amendment, withdrawal or lapsing.