Intoxicating Liquor (Price Control) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-226.pdf
Published: 1963

Intoxicating Liquor (Price Control) (CAP. 226 1

CHAPTER 226

THE INTOXICATING LIQUOR (PRICE CONTROL)
ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Maximum price of liquor.
4. Proportionate prices.
5. Sale at more than maximum price or conditions, an

offence.
6. Indication of selling price of intoxicating liquor.
7. Refusal to sell.
8. Demand of invoice of sale.
9. Furnishing of information.

10. Records to be kept by traders.
11. Liability of officers of corporate bodies.
12. Appearance and plea by corporation.
13. Liability of employers.
14. Compensation to purchaser of goods at price in excess

of maximum price.
15. Penalty.

INTOXICATING LIQUOR (PRICE CONTROL)

S.I. 3911989.

1. This Act may be cited as the Intoxicating Liquor Short title.
(Price Control) Act.

2. In this Act unless the context otherwise requires- xnterpretatiOn.

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2 CAP. 226) Intoxicatinf Liquor (Price Control)

"authorised officer" includes any person appointed by
the Governor-General to be an authorised officer
for the purposes of this Act and any police officer
of or above the rank of sergeant;

"consumer" means any person who purchases or offers
to purchase, otherwise than for the purpose of re-
sale, any controlled liquor;

"controlled liquor" means any intoxicating liquor
specified in the Schedule to this Act, or any intoxi-
cating liquor the maximum price of which has been
fixed by Order made under section 3 of this Act;

"price control officer" means the person appointed by
the Public Service Commission as Liquor Price
Control Officer of Antigua and Barbuda for the
purposes of this Act;

' 6 maximum price" means the maximum price at which
any controlled liquor may be sold or offered for sale;

"price7' includes any valuable consideration of any kind
whatsoever whether direct or indirect;

"retail" with its grammatical variations and cognate
expressions, when used in relation to a sale, means
a sale by a trader to a consumer;

"sell" with its grammatical variations and cognate
expressions includes an agreement to sell, an offer
to sell, the exposure of goods for sale, the publica-
tion of a price list, the furnishing of a quotation,
or any act or notification whatsoever whereby will-
ingness to enter into any transaction or sale is
expressed;

6 ' trader" means any person who carries on the business
of selling controlled liquor, and includes any per-
son carrying on business in the course of which he
sells controlled liquor, or supplies such liquor for
the purpose of or in pursuance of a contract made
by him for work, labour and materials, and also

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Intoxicating Liquor (Price Control) (CAP. 226 3

includes a commission agent who deals in such
liquor;

"wholesale" with its grammatical variations and cognate
expressions in relation to a sale means any sale
which is not a sale by retail.

3. (1) Subject to the provisions of subsection ( 4 ) of z~::,": price
this section, the Minister may by Order fix and declare the
maximum prices for which any intoxicating liquor may be
sold by retail or wholesale, either throughout Antigua and
Barbuda or in any specified part thereof.

(2) An Order made under the provisions of sub-
section (1) of this section may direct that the maximum price
of any intoxicating liquor shall not exceed a specifcd sum,
or may direct the manner in which the maximum price may
be ascertained and may-

(a) fix different maximum prices for the same class
or type of intoxicating liquor having regard to the terms
upon which, and the circumstances in which, such liquor
is manufactured, imported, or sold; and

( b ) fix alternative methods by which the said
maximum prices may be ascertained for the same or
different classes of such liquor.

( 3 ) Any Order made under this section may contain
such incidental and supplementary provisions as may be
necessary for implementing the provisions and purposes of
this Act.

( 4 ) Orders made under this section shall be laid before
Parliament and if a resolution is passed by Parliament that
the said Order be annulled, such Order shall henceforth be
null and void but without prejudice to the validity of anything
done hereunder.

4. Where the quantity of controlled liquor sold or F';g;tionatr
offered for sale is greater or less than the quantity specified
in any Order made under section 3 of this Act, such liquor
shall, subject to any express provision to the contrary therein
contained, be sold or offered for sale at a proportionately
increased or decreased price, as the case may be.

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4 CAP. 226) Intoxicating Liquor (Price Control)

Sale at more
than maximum 5 . (1) NO person shall-
price or on
conditions, an (a ) sell or buy or agree to sell or buy any controlled
offence. liquor at a price greater than the maximum price; or

( 6 ) impose, whether at the time of delivery of any
controlled liquor which has been sold, or at any subse-
quent time prior to payment therefor, any condition
relating to the sale of such liquor or to the payment
therefor, other than a condition requiring the immediate
payment for such liquor; or

(6) hoard any controlled liquor with the object of
speculating or profiteering thereon.

( 2 ) Any person who contravenes any of the provisions
of subsection ( 1 ) of this section shall be Oilty of an offence
against this Act and shall-

( a ) on summary conviction be liable to imprison-
ment for a term not exceeding three months or to a fine
not exceeding five thousand dollars; or

( 6 ) on conviction on indictment be liable to
imprisonment for a term not exceeding two years or
to a fine not exceeding twenty-five thousand dollars.

Indication of
selling price of 6. ( 1 ) The price control officer may, by notice
intoxieatine ~ublished in the Gazette and in a newsDaDer ~ublished and - . . .
liquor. circulating in Antigua and Barbuda, require all or any traders

offering or displaying intoxicating liquor for sale, to cause
the selling price of such liquor to be marked in a clear and
legible manner either on the containers of such liquor or
on labels or tags securely attached to such containers so as
to clearly indicate the selling price of the intoxicating liquor
contained therein.

( 2 ) Any trader who fails to mark any container of intoxi-
cating liquor which is required to be marked in accordance
with the foregoing provisions of this section shall be guilty
of an offence against this Act.

Refusal to sell. 7. ( 1 ) Any person carrying on any business in the
course of which any controlled liquor is normally sold, and
having in his possession a stock of such liquor who-

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Intoxicating Liquor (Price Control) (CAP. 226

( a ) falsely denies that he has such liquor in his
possession, or

( b ) without reasonable cause refuses to sell such
liquor in reasonable quantities upon tender of immediate
payment of the maximum price therefor,

shall be guilty of an offence against this Act, and shall on
summary conviction be liable to imprisonment for a term
not exceeding three months or to a fine not exceeding five
thousand dollars.

( 2 ) Nothing in this section shall be deemed to make
it obligatory for any person to sell any controlled liquor which
he has in stock for the purpose of advertisement or as a
sample.

8. ( 1 ) Every trader who sells whether by retail or Pernand of
invoice of sale.

wholesale any controlled liquor shall on request, tender, at
the time of sale to every purchaser of such liquor from him,
an invoice showing the date of such sale, a description of
such liquor sufficient to identify the same, the quantity of
such liquor and the price charged therefor.

( 2 ) Any person who contravenes or fails to comply with
the foregoing provisions of this section shall be guilty of an
offence against this Act.

9. ( 1 ) An authorised officer may-
(a ) require any trader to supply him either orally

or in writing with any information in his possession
relating to intoxicating liquor;

( 6 ) at any reasonable time require any trader to
produce for his inspection any document or account
whatsoever relating wholly or in part to the business
carried on by such trader in relation to the sale of
intoxicating liquor;

(c ) require any trader to furnish him with copies
of any such document as is referred to in paragraph
(6) hereof;

(d) enter during business hours upon any place or
premises in the occupation of any trader for the pur-
pose of ascertaining whether the provisions of this Act

Furnishing of
information.

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6 CAP. 226) Intoxicating Liquor (Price Control)

are being complied with and to search for and inspect
any document of the kind referred to in paragraph (6)
hereof and make copies or abstracts of such documents
and take such steps as may be reasonably necessary in
the premises;

(6) take possession of any document which appears
to him to constitute prima facie evidence of a breach of
the provisions of this Act or any Order made thereunder.

( 2 ) Any person who-

(a) obstructs an authorised officer in the exercise
of his powers under subsection (1) of this section;

(6) wilfully fails to give any information or to
produce any document lawfully required of him under
the provisions of subsection ( 1 ) of this section; or

(6) knowingly gives to an authorised officer any
false information relating to intoxicating liquor,

shall be guilty of an offence against this Act.

Records to be
kept by traders.

10. ( 1 ) Every trader dealing in controlled liquor shall
keep reasonable records of all purchases of such liquor.

( 2 ) The price control officer may by notice in writing
require any trader dealing in controlled liquor to keep any
records or accounts as are specified in such notice.

(3) Any trader who contravenes or fails to comply with
the provisions of this section or of any notice given thereunder
shall be guilty of an offence against this Act and shall be
liable on summary conviction to a fine not exceeding five
thousand dollars.

Liability of
officers of 1 . Where a person charged with an offence under
corporate bodies. the provisions of this Act is a body corporate every person

who, at the time of the commission of the offence, was a
director or officer of the body corporate may be charged
jointly in the same proceedings with such body corporate,
and where such body corporate is convicted of the offence
every such director or officer shall be deemed to be guilty
of that offence unless he proves that the offence was comit-

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Intoxicating Liquor (Price Control) (CAP. 226 7

ted without his knowledge or that he exercised all due
diligence to prevent the commission of the offence.

12. (1) Where a corporation is charged with an Appearance and
plea by offence against this Act such corporation may appear and ,,poration.

plead to the charge or indictment, by its representative, by
entering a plea in writing; and if either, the corporation does
not appear by representative, or though it does so appear,
fails to enter any plea, the court shall cause a plea of not
guilty to be recorded and the trial shall proceed accordingly.

(2) Where a corporation is charged, whether alone or
jointly with some other person, with an indictable offence
punishable under this Act the magistrate may, if he is of
opinion that the evidence offered on the part of the prosecu-
tion is sufficient to put the accused corporation upon trial,
commit the corporation for trial.

(3) Any indictment filed against a corporation or other
document addressed to a corporation may be served upon
the corporation by leaving it at, or sending it by post to,
the registered office of the corporation or, if there be no such
office in Antigua and Barbuda, by leaving it at, or sending
it by post to the corporation at any place in Antigua and
Barbuda at which it trades or conducts business.

(4) In this section the expression "representative" in
relation to a corporation means a person duly appointed by
the corporation to represent it for the purpose of doing any
act or thing which the representative of a corporation is by
this section authorised to do, but a person so appointed shall
not, by virtue only of being so appointed, be qualified to
act on behalf of the corporation before any court for any
other purpose.

(5) A representative for the purposes of this section need
not be appointed under the seal of the corporation, and a
statement in writing purporting to be signed by a managing
director of the corporation, or by any person (by whatever
name called) having, or being one of the persons having,
the management of the affairs of the corporation, to the effect
that the person named in the statement has been appointed
as the representative of the corporation for the purposes of

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8 CAP. 226) Intoxicating Liquor (Price Control)

this section shall be admissible without further proof as prima
facie evidence that that person has been so appointed.

Liability of
employers.

13. Every person shall be liable for the acts and omis-
sions of any partner, agent, or servant in so far as they relate
to the business of such person and if such partner, agent,
or servant performs any act or suffers any omission which
contravenes or fails to comply with the provisions of this
Act such person and his partner, agent, or servant may be
charged jointly in the same proceedings and shall be liable
jointly and severally to the penalties imposed by this Act,
unless he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent
the commission of the offence.

Compensation to
purchaser of 14. Where any person is convicted of selling controlled
goods at price in liquor at a price in excess of the maximum price and-
excess of
maximum price. (a ) the court considers that the ~urchaser of such

\ ,

liquor did not know and could not reasonably be
expected to know that the price paid by him for such
liquor was in excess of the maximum price; or

( b ) the purchaser of such liquor reported the sale
to the price control officer or to a police officer of or
above the rank of Inspector within forty-eight hours of
such sale,

the court may, in addition to any other penalty which it may
impose, order the person convicted to pay to such purchaser
the difference between the maximum price and the price at
which the goods were sold together with such sum, if any,
as the court may think fit to award by way of compensation
for any expenses incurred by such purchaser.

Penalty. 15. Any person guilty of an offence against this Act
for which no penalty is expressly provided shall on summary
conviction be liable to a fine not exceeding five thousand
dollars or to imprisonment for a term not exceeding three
months.
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