Licensing (Intoxicating Liquor) Act


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Licensing (Intoxicating Liquor) (CAP. 249 1

CHAPTER 249

T H E LICENSING (INTOXICATING LIQUOR) ACT

Arrangement of Sections
Section

PART 1

PRELIMINARY

1. Short title.
2. Interpretation.

PART I1

GRANT, TRANSFER, AND RENEWAL OF LICENCES

3. Special session to receive application for licences.
4. Limits within which licences may be granted in St.

John's.
5. Notice of intended application for licence to be given

and advertised.
6. Notice to be given of transfer of licence.
7 . Provisions for renewal of licence.
8. Magistrate to hear objections and decide on application.
9. Certificate to be granted by Magistrate.

10. Licences to be granted by Comptroller of Customs.
11. Description of licences.

Retail.
Hotel licence.
No intoxicating liquor to be sold in any hotel not duly

licensed.
Premises to be suitable for use as hotel.
Bottle licence.
Importer's licence.
Tavern licence.
Proprietary club licence.
Occasional permit.
Rates payable on licences.

2 CAP. 249) Licensing (Intoxicating Liquor)

Section
12. No licences to be granted to persons or premises dis-

qualified under this Act.
13. Forms of licence and renewal thereof.
14. Procedure for removal of licence.
15. Licensed premises to have internal communication

throughout.

PART 111

EXEMPTIONS

16. Sale of intoxicating liquor by an auctioneer.

PART IV

APPEAL FROM LICENSING MAGISTRATE

17. Constitution of Licensing Committee.
18. Appeal to Licensing Committee.
19. Powers of Licensing Committee.
20. Provision for permission to sell during pendency of

appeal.

PART V

ILLICIT SALES

21. Prohibition of sale of intoxicating liquor without licence.
22. Sale by heir, &c., on death, &c., of licensed person.
23. Occupier of unlicensed premises liable for sale of liquor.
24. Restriction on supply of intoxicating liquor to children

for consumption on licensed premises.
25. Sale to be by standard measure.
26. Licensed person to keep record of sales of rum.
27. Sales of rum of over twelve pints to be accompanied

by sale note.
28. Penalty on internal communication between licensed

premises and house of public resort.
29. Names of licensed persons to be affixed to premises.
30. Prohibition of giving intoxicating liquor in payment of

wages, &c.
31. Evasion of law under pretence of paying for eating.
32. Hours of closing.
33. Extended hours permit.

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Licensing (Intoxicating Liquor) (CAP. 249 3

Section

34. Sale after hours on order of medical practitioner.
3 5 . Penalty on person found on premises during closing

hours.
36. Power of police officer in relation to person found on

premises during closing hours.
37. Penalty for obtaining liquor by false pretences during

closing hours.

PART VII

OFFENCES AGAINST PUBLIC ORDER

Penalty on person found drunk.
Drunk and disorderly.
Penalty on person found drunk when in charge of car-

riage, &c.
Penalty for permitting drunkenness,
Selling liquor to drunken person.
Keeping disorderly house.
Harbouring constables.
Supplying liquor to constable on duty.
Bribing police officer, permitting gaming.
Penalty for permitting house to be a brothel.
Penalty for permitting premises to be used for offences

against the Misuse of Drugs Act.
Power to exclude drunkards from licensed premises.
Adulteration of intoxicating liquor.
Notice of conviction under preceding section to be affiied

to premises.
Schedule of deleterious ingredients.
Power to obtain samples of intoxicating liquor for

analysis.
Analysis of samples.

PART IX

ENTRY ON PREMISES

49. Inspection and search of licensed premises.
50. Entry on unlicensed premises.

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4 CAP. 249) Licensing (Intoxicating Liquor)

Section

PART X

REPEATED CONVICTIONS

51. Forfeiture of licence on repeated convictions.
52. Disqualification of premises.
53. Conviction after five years not to increase penalty
54. Omission to record conviction on licence.

PART XI

RATES T O BE PAID ON THE GRANTING O F
LICENCES

55. Rates to be fixed by Act.

PART XI1

REGISTERS

56. Register of licences to be kept.
57. Name of owner to be endorsed on licence.
58. Name of new owner to be substituted.
59. Inspection of and extracts from register.
60. Fee on registration of licence.
61. Registers, &c. receivable in evidence.

PART XI11
LEGAL PROCEEDINGS

62. Summary proceedings for offences under this Act, &c.
63. Recovery and disposal of penalties.
64. Recovery of costs.
65. Appeal.
66. Temporary licence pending appeal against forfeiture.
67. Conviction, &c., not to be quashed for want of form

or removed by certiorari.
68. As to record of convictions of licensed persons for

offences under this. Act.
69. Penalty for defacing record of conviction on licence.
70. For protection of owners of licensed premises in cases

of offences committed by tenants.
71. Grounds on which owner may appeal against dis-

qualification of premises.

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Licensing (Intoxicating Liquor) (CAP. 249 5

Section

72. Court may cancel order disqualifying premises.
73. Provision for notice on persons other than the owner..
74. As to conviction of licensed persons of more than one

offence on the same day.

PART XIV

MISCELLANEOUS PROVISIONS

75. Proof of sale or consumption of intoxicating liquor.
76. Licence to become void on forfeiture under this Act.
77. Production of licence by holder, and penalty on

non-production.
78. Penalty for using an uncovered light when drawing off

rum.
79. Power of Justices to close licensed premises in case of

riot.
80. Moiety of penalties may be paid to Police Reward Fund.
81. Limit of mitigation of penalties.
82. No debt for spirituous liquor to be recovered unless con-

tracted at one time to amount of $2.40.
83. No pawn or pledge to be received as security for pay-

ment of money in respect of spirituous liquors.
84. Removing rum without a sale note.
85. Power to stop.
86. Buying or removing intoxicating liquor from

unauthorised persons.
87. Forfeiture of rum not accounted for by a sale note.
88. Licensed person to produce intoxicating liquor to

officers.
89. Licensed person to account for excess stock.
90. Penalty.

SCHEDULE A.
SCHEDULE B.
SCHEDULE C.
SCHEDULE D(1).
SCHEDULE D(2).
SCHEDULE E.
SCHEDULE F.
SCHEDULE G.
SCHEDULE H.
SCHEDULE I.

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6 CAP. 249) Licensing (Intoxicating Liquor)

SCHEDULE J.
SCHEDULE K.
SCHEDULE L.
SCHEDULE M.

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Licensing (Intoxicating Liquor) (CAP. 249 7

LICENSING (INTOXICATING LIQUOR)

( 1 4th November, 1879 .) 411879.
1211921.

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

2. In this Act- Interpretation.

"Comptroller of Customs" means the officer for the
time being lawfully discharging the duties of
Comptroller of Customs and includes any officer
of the Customs department;

"clerk to the Licensing Magistrate" means the person
for the time being holding the office of clerk to the
Magistrate District "A";

'6 guest" means a person using any licensed hotel for
lodging during the night;

"hotel" means any building or group of buildings
(occupied together) for the accommodation for
reward of guests and includes the curtilage thereof
and all structures within such curtilage or occupied
with or appurtenant to the said building or group
of buildings;

"intoxicating liquor" means spirits, wine, beer, porter,
cider, Perry, and any fermented, distilled or
spirituous llquor;

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8 CAP. 249) Licensing (Intoxicating Liquor)

"Licensing Magistrate" means the person for the time
being discharging the duties of Magistrate of
District A in session at St. John's;

"licence" means a licence for the sale of intoxicating
liquor under the provisions of this Act;

"licensed person" means a person holding a licence as
defined under this Act;

"licensed premises" means premises in respect of which
a licence as defined under this Act has been granted
and is in force;

" new licence" means a licence granted at a licensing
session in respect of premises not heretofore licensed
for the sale of intoxicating liquors;

< ' owner of licensed premises" means the person for the
time being entitled to receive, either on his own
account or as mortgagee or other incumbrancer in
possession, the rack rent of such premises;

" premises" includes any house, shop, tavern, or place
.in or at which liquor shall be sold, retailed, or con-
sumed, and any yard or open or enclosed land
appurtenant thereto, or used or occupied therewith;

"renewal of licence" means a licence granted at a Licen-
sing Session by way of renewal;

"retail" means any sale of rum in less quantity than
eighty gallons, of brandy gin or whisky in less quan-
tity than twenty-five gallons, and of any other
intoxicating liquor in less quantity than one dozen
quarts or two dozen pint bottles;

"special session" means the session appointed to be held
under this Act for licensing purposes;

"transfer of a licence" means a transfer made under
the provisions of section 6;

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Licensing (Intoxicating Liquor) (CAP. 249 9

"unlicensed premises" means premises in respect of
which a licence as defined under this Act has not
been granted, or is not in force.

PART I1

3. On the fifth day of January, the fifth day of April, special session to
receive

the fifth day of July, and the fifth day of October in every application for
year, or in the event of these dates falling on a Sunday or licence.
public holiday, then on the week day immediately preceding
such date, the Licensing Magistrate shall hold a special ses-
sion for the purpose of receiving and considering the
applications of persons for licences and renewal of licences
to sell intoxicating liquors, and of giving certificates as
hereinafter provided, authorizing the granting of such
licences, and may adjourn such session as may be necessary:

Provided that if all applications made at any such special
sion shall not be disposed of in one day, such session shall
adjourned from time to time to any convenient day:

1 Provided further that the Licensing Magistrate may, in is discretion, hold an extraordinary licensing session on an other date for the purpose of considering any applica-
tion for a new licence under this Act, the urgency of which
makes it advisable in his opinion that such extraordinary
licensing session should be held.

4. No retail licence shall be granted for any premises Limits within
which licences

to the east of the street or alley in the City of St. John's bc granted
called Corn Alley, and a straight line drawn north from the in st. John's.
north end of Corn Alley aforesaid to the northern extremity
of the City of St. John's, and drawn south from the south
end of Corn Alley aforesaid to the southern extremity of the
City of St. John's; but this provision shall prohibit the grant-
ing of any such licence for any premises on the eastern side
of Corn Alley aforesaid, and opening on and in the said Alley.

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10 CAP. 249) Licensing (Intoxicating Liquor)

Notice of
intended 5. Every person intending to apply to the Licensing
application for Magistrate for a certificate under this Act shall, not less than
licence to be
given and twenty-one days before he applies, give notice in writing of
advertised. his intention in the form set out in Schedule A to the Licens-
Schedule A. ing Magistrate and to the Magistrate of the district in which

the premises in respect of which his application is to be made
are situate, and to the Commissioner of Police, and shall
also publish the same in one of the public newspapers on
some day not more than four and not less than two weeks
before the proposed application, and shall in such notice set
forth his name and address, and a description of the licence
or licences for which he intends to apply, and the situation
of the premises in respect of which the application is to be
made; and in the case of premises not theretofore licensed
for the sale by retail of intoxicating liquors, such person shall
also, within the space of twenty-eight days before such
application is made, cause a like notice to be affixed and
maintained between the hours of ten in the morning and
five in the afternoon of two consecutive Sundays on the door
of such premises; and on receipt of the notice the Licensing
Magistrate shall cause a copy thereof to be affixed to the
gate of the Court House and to be maintained thereon until
after the day appointed for the special session aforesaid:

Provided that when application is to be made to the
Licensing Magistrate for the grant of a certificate under this
Act by way of renewal only, notice in pursuance of this sec-
tion shall not be requisite.

Notice to be 6. In case of the transfer of a licence the applicant
given of transfer
of licence. shall, not less than fourteen days previous to his applica-
Schedule C. tion, serve a notice in the form set out in Schedule C of

his intention to transfer the same upon the Licensing
Magistrate and the Magistrate of the district in which the
premises in respect of which the application is to be made
are situate and on the Commissioner of Police, and shall
also advertise it as in the preceding section required. This
notice shall be signed by the applicant or his authorized agent,
and shall set forth the name of the person to whom it is
intended that such licence shall be transferred, together with
his place of residence, and his trade or calling during the
six months preceding the time of serving such notice.

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Licensing (Intoxicating Liquor) (CAP. 249 1 1

7. Where a licensed person applies for a renewal of Provisions for
renewal of

his licence, the following provisions shall have effect- licence.

(1) He need not attend in person at the special session,
unless he is required by the Licensing Magistrate so to attend.

(2) The Licensing Magistrate shall not entertain any
objection to the renewal of such licence, or take any evidence
with respect to the renewal thereof, unless written notice of
an intention to oppose such renewal has been served on the
holder of the licence not less than seven days before such
special session:

Provided that the Licensing Magistrate may, not-
withstanding that no notice has been given, on an objection
being made, adjourn the granting of any licence to a future
day, and require the attendance of the holder of the licence
on such day, when the case will be heard and the objection
considered, as if the notice hereinbefore prescribed had been
given.

(3) The Licensing Magistrate shall not receive any
evidence with respect to the renewal of such licence which
is not given on oath.

8. The Licensing Magistrate shall hear any objection ~ " , ' ; ; ~ ~ t ~ ~ n s
to be made by the Commissioner of Police or any party and decide on
against the granting of a licence or of a renewal of a licence application.
to any person applying therefor, and may grant or refuse
a certificate as hereinafter provided as he shall think fit.

9. Upon being satisfied as to the expediency of gran- Certificate to be
granted by

ting a licence or a renewal, the Licensing Magistrate may Magistrate.
grant a certificate under his hand and seal addressed to the
Comptroller of Customs in the form set out in Schedule B, Schedule B.
specifying the particular licence which is to be granted to
such person.

10. O n receipt of such certificate, the Comptroller Licences to be
granted by

of Customs shall grant to the person and for the premises ~ ~ , ~ t ~ ~ l l ~ ~ of
named and specified in such certificate, a licence in the form zcyt;ye; D, =,
set out in Schedules D, E, F, G, H and I respectively, F, G , H and 1.
according to the kind of licence specified in the Licensing
Magistrate's certificate aforesaid as being allowed to be
granted to such person.

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12 CAP. 249) Licensing (Intoxicating Liquor)

Description of 1 . The following kinds of licence shall be granted
licences. under this Act:

Retail. ( 1 ) ( a ) A retail licence, which shall authorize the per-
son to whom it is granted to sell by retail on the premises
named in the licence, in any quantity, any intoxicating
liquor on which every duty thereon payable shall have
been paid, and any such intoxicating liquor may be sold
to be drunk, and may be drunk, on the premises in
which the same is sold. Such licence shall be in the form

Schedule ~ ( 1 ) . set forth in Schedule D(1).

(6 ) A retail licence, which shall authorise the per-
son to whom it is granted to sell by retail on the premises
named in the licence, in any quantity, beer but not any
other intoxicating liquor, on which every duty thereon
payable shall have been paid, and any such beer may
be sold to be drunk, and may be drunk, on the premises
in which the same is sold. Such licence shall be in the

Schedule D(2). form set forth in Schedule D(2).

Hotel licence.
Schedule E.

(2) (a) A hotel licence, in the form set out in Schedule
E, which shall authorize the person to whom it is granted
to sell by retail any intoxicating liquor, on which every
duty payable thereon has been paid, to be consumed
on the hotel premises, whether the person to whom such
liquor is supplied is or is not a guest at such hotel.

No intoxicating
liquor to be sold

(6 ) No intoxicating liquor shall be sold or exposed,
in any hotel not offered or kept for sale, in any hotel which is not duly
duly licensed. licensed in that behalf.

Premises to be
suitable for use

( 6 ) No hotel licence shall be granted for any
as hotel. premises unless the Licensing Magistrate is satisfied that

the said premises are designed and fitted out for use
as a hotel.

Bottle licence. (3) A bottle licence, which shall authorize the person
to whom it is granted to sell on the premises named in the
licence any intoxicating liquor, on which every duty payable
thereon shall have been paid, in any quantity, to be sold
and delivered at any one time, of not less of each sort of
intoxicating liquor than one reputed pint contained in a closed

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Licensing (Intoxicating Liquor) (CAP. 249 13

vessel. Such licence shall not authorize the sale of anv intoxi-
cating liquor to be drunk on the premises of the person sell-
ing the same, and such licence shall be in the form set forth
in Schedule F. Schedule F.

(4) (a) An importer's licence, which may be issued to ~~,P,";~~'~
any person who is not the holder of a retail licence, a
hotel licence, a bottle licence, a tavern licence or a club
licence, and which shall authorize the person to whom
it is granted to sell intoxicating liquor imported by him
in quantities of not less than five dozen reputed quart
bottles, or twenty gallons in the wood, or (in the case
of rum) not less than fifty gallons, all duty payable
thereon having been paid.

(6) Every such licence shall be in the form given
in Schedule G. Schedule G .

(c) Parts I1 and IV shall not apply to any licence
granted under this subsection.

(4 Every consignee of any such quantity of intox-
icating liquor as is mentioned in this subsection shall
be deemed to have imported the same for sale unless
and until he shall have satisfied the Comptroller of
Customs to the contrary.

(5) A tavern licence, which shall authorize the person Tavern licence.
to whom it is granted to sell by retail at any time between
the hours of 8 o'clock in the morning and 11 o'clock in the
evening on the premises named or described in the licence
any intoxicating liquor, on which every duty payable thereon
shall have been paid, to be consumed on the premises. Such
licence shall be in the form set forth in Schedule H. Schedule H.

(6) (a) A proprietary club licence, which shall authorize
the secretary of any club, which the Licensing Magistrate
is satisfied has not been formed for any illegal or immoral
purpose but rather as a proprietary club, whether
incorporated or not, to sell to bonrifide members of the
said club any intoxicating liquor, on which every duty
payable thereon shall have been paid, for consumption
on the club premises at such times as may be authorized
by the committee of management of the said club. Such
licence shall be in the form set forth in Schedule I. I .

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CAP. 249) Licensing (Intoxuating Liquor)

(6) No proprietary club licence shall be granted in
respect of any premises or part thereof which the Licen-
sing Magistrate is satisfied are either designed and fit-
ted out for use as a hotel or are being used as or in
conjunction with a hotel.

Occasional
permit.

(7) It shall be lawful for the Commissioner of Police
to authorize and grant a written permit-

(a) to any person to sell liquor by retail at any
entertainment, show, race meeting, athletic or other
sports; or at any other social meeting or gathering where
refreshments are likely to be required, for such period
of time not exceeding seven days, and subject to such
conditions as may be set out in such written permit:

Provided that where the payment of a fee is required
as a condition in such written permit, such fee shall not exceed
the sum of twenty dollars;

(b) to any licensed person to keep open his premises
for the sale of intoxicating liquor until 9 p.m. on any
day other than a Sunday.

Rates payable on
licences.

(8) The following fees shall be paid to the Comptroller
of Customs in respect of licences granted under this Act,
and such fees shall be paid (except in the case of an importer's
licence) on the production of the licensing Magistrate's cer-
tificate and shall be for the quarter next ensuing-

(a) O n every retail licence
for any place within the
City of St. John's $250.00 per quarter

(b) O n every retail licence
for any place beyond the
City of St. John's (except
the Island of Barbuda). $125.00 per quarter

(c) O n every retail licence
for any place in the island
of Barbuda. $45.00 per quarter

(4 O n every retail licence for
the sale of beer only, for

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Licensing (Intoxicating Liquor) (CAP. 249 15

any place within the City of
St. John's. $125.00 per quarter

(e) O n every retail licence for
the sale of beer only, for any
place beyond the City of
St. John's (except the
island of Barbuda). $65.00 per quarter

Cf) O n every retail licence for
the sale of beer only, for
any place in the island
of Barbuda. $25.00 per quarter

(g) O n every hotel licence where-

(i) the hotel has 20 or less than
20 bedrooms $600.00 per quarter

(ii) the hotel has more than
20 but less than
5 1 bedrooms $1 200.00 per quarter

(iii) the hotel has 51 or more
than 51 bedrooms but less
than 81 $1800.00 per quarter

(iv) the hotel has 81 or over
8 1 bedrooms $2400.00 per quarter

(h) O n every bottle licence $350.00 per quarter

( i ) O n every importer's
licence $500.00 per quarter

Q O n every tavern licence for
any place within the City of
St. John's $200.00 per quarter

(k) O n every tavern licence for
any place beyond the City
of St. John (except the island
of Barbuda) $150.00 per quarter

( I ) O n everv tavern licence for
\ ,

any place in the island of
Barbuda $50.00 per quarter

(m) O n every proprietory club
1' lcence $300.00 per quarter

(n) Occasional licence $25.00 in stamps

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CAP. 249) Licensing (Intoxuating Liquor)

No licences to be
granted to 12. No licence shall be granted to any person or in
persons or respect of any premises declared by or in pursuance of this
premises
disqualified Act to be disqualified persons or premises during the con-
under this A C ~ . tinuance of such disqualification. Any licence held by any

person so disqualified, or attached to premises so disqualified,
shall be void.

Forms of licence
and renewal

13. The following regulations shall be made with
thereof. respect to licences-

(1) Every licence granted after the commencement of
this Act shall be in such form as may from time to time be
prescribed by the Cabinet.

(2) A renewal of a licence may be made by an endorse-
ment on the licence, or by the issue of a copy of the old
licence, but in the latter case there shall be endorsed on such
copy all convictions made within the previous five years which
are endorsed on the old licence.

Procedure for
removal of

14. Licences may be removed from one place to
licence. another within Antigua and Barbuda, in the manner

following-

(1) The application for an order sanctioning removal
shall be made by the person desiring to be the holder of the
licence when removed, and shall be made at the special licen-
sing session or any adjournment therof.

(2) Notice of the intended application shall be given
in the same manner as notice is given of an application for
the grant of a new licence.

(3) A copy of the notice shall be personally served upon
the owner of the premises from which the licence is to be
removed, and the holder of the licence unless he is the
applicant.

(4) The Magistrate to whom the application is made
shall not make an order sanctioning such removal unless he
is satisfied that no objection to such removal is made by the
owner of the premises to which the licence is attached, or
by the holder of the licence, or by any other person whom

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Licensing (Intoxicating Liquor) (CAP. 249 17

such Magistrate shall determine to have the right to object
to such removal. Such order shall be in the form prescribed
in Schedule J, and on receipt of it the Comptroller of Customs Schedule J.
shall issue a new licence in terms of the order.

15. Every building or place except a licensed hotel Licensed
remises to have

or a proprietary club in which liquor is sold shall have inter- !' internal
nal communication throughout, and the remises shall be communication
held together as one place of business, and if any such throughout.

building or place shall be divided or partitioned off into
separate places of busines a licence shall be required for each
separate building or place.

PART I11

16. (1) An auctioneer may by virtue of a licence sale of
intoxicating under the hand of the Comptroller of Customs in the form liquor by an

prescribed in Schedule L on the occassion of any sale of the aucfio~eer.
Schedule L.

furniture and effects of any person at a private dwelling-
house, sell any spirits, spirituous liquors, wines, liqueurs,
malt or other fermented liquors, being the private property
of the owner of the hrniture and effects, and for such licence
no fee or sum shall be paid; but such licence shall be prepared
by the auctioneer requiring the same, and shall specify par-
ticularly the name of the owner of the spirituous liquors,
wines, liqueurs, malt or other fermented liquors, the quan-
tity and kind to be sold, and the premises from which the
same are or is intended to be sold, and before the granting
of such licence the auctioneer shall make a declaration that
the spirituous liquors, wines, liqueurs, malt or other
fermented liquors, are to the best of his knowledge and belief
the property of the person whose furniture and effects, and
at whose premises such furniture and effects, are about to
be sold, under the Abolition of Unnecessary Oaths Act, and Cap. 2.
shall be liable to the penalty thereby provided in the event
of wilfully making any such declaration, false or untrue, in
any particular.

(2) No licence shall be necessary for any sale of forfeited
intoxicating liquor.

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18 CAP. 249) Licensing (Intoxicating Liquor)

(3) Any person manufacturing rum may, without tak-
ing out any licence, sell any rum, if the quantity sold and
delivered at any one time shall not be less than fifty gallons.

(4) No licence shall be necessary to sell intoxicating
liquors in any police canteen established in accordance with

Cap. 330. the provisions of section 65 of the Police Act;

Provided that such canteen be operated by or solely for
the benefit of the Police Welfare Association.

PART IV

APPEAL FROM LICENSING MAGISTRATE

Constitution of
Licensing 17. A board shall be formed to be called the "Licen-
Committee. sing Committee" consisting of the Attorney-General, the

Comptroller of Customs, the District Magistrates of Antigua
and Barbuda and such other persons as the Governor-General
may from time to time by warrant under his hand be pleas-
ed to appoint. This board shall sit (if there is any business
to be brought before it) within the fifteen days immediately
following any special licensing session or any adjournment
thereof for the hearing of appeals against the decision of the
Licensing Magistrate. At any meeting of the Licensing Com-
mittee three shall be a quorum and the senior member shall
preside. The Clerk to the District Magistrate of St. John's
shall be Clerk to the Committee.

Appeal to
Licensing

18. If any person feels aggrieved by any order made
committee. by the licensing Magistrate, the person so aggrieved may

appeal therefrom to the Licensing Committee, subject to the
conditions and regulations following-

(1) The appeal shall be to the next session of the Licen-
sing Committee.

(2) The appellant shall, within seven days after the cause
of appeal has arisen, give notice to the other party, and to
the Clerk to the Licensing Magistrate of his intention to
appeal and of the ground thereof.

(3) The appellant immediately after such notice, shall
enter into a recognizance before the Licensing Magistrate

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 19

with two sufficient sureties, conditioned personally to try such
appeal, and to abide the decision of the Licensing Commit-
tee thereon, and to pay such costs as may be awarded by
the Committee, or shall give such other security by the deposit
of money or otherwise as the Magistrate may allow.

19. The Licensing Committee may adjourn their sit- Licensing of
tings, and upon the hearing of any appeal may swear Committee.
witnesses, confirm, reverse or modify the decision of the
Licensing Magistrate, or remit the matter to the Licensing
Magistrate, with the opinion of the Licensing Committee
thereon, or make such other order in the matter as they think
just. The Licensing Committee may also make such order
as to costs to be paid by either party as they shall think just.

20. Where the Licensing Magistrate rehses to renew Provision for
permission to sell a licence, and an appeal against such refusal is duly made during pendency

and such licence expires before the appeal is determined the of appeal.
Licensing Committee may, if they shall think fit, by order
under the hand of the Chairman permit the person whose
licence is refused to carry on his business during the pendency
of such appeal upon such conditions as they think just; and
subject to such conditions, any person so permitted may,
during the continuance of such order, carry on his business
in the same manner as if the renewal of the licence had not
been refused.

PART V

2 1. Any person who sells or offers for sale or keeps Prohibition of
sale of

or exposes for sale wholesale or by retail any intoxicating intoxicating
liquor withour being duly licensed to sell the same, or at liquor without

licence.
any place where he is not authorized by his licence to sell
the same, shall be liable to the following penalties:

(1) For the first offence he shall be liable to a penalty
not exceeding three thousand dollars, or to imprisonment
with or without hard labour for a term not exceeding one
month.

(2) For the second offence he shall be liable to a penalty
not exceeding five thousand dollars, or to imprisonment with

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 249) Ltcensing (Intoxtcatzng Lzquor)

or without hard labour for a term not exceeding three months,
and he may by order of the court by which he is tried be
disqualified for any term not exceeding five years from
holding any licence for the sale of intoxicating liquors.

(3) For the third and any subsequent offence he shall
be liable to a penalty not exceeding five thousand dollars,
or to imprisonment with or without hard labour for any term
not exceeding six months, and he may by order of the court
by which he is tried be disqualified for any term of years
or for ever from holding any licence for the sale of intoxi-
cating liquors.

In addition to any other penalty imposed by this sec-
tion, any person convicted of a second or any subsequent
offence under this section shall, if he be the holder of a licence
forfeit such licence, and in the case of a conviction for any
offence under this section the court may, if it thinks expedient
to do so, declare all intoxicating liquor found in the posses-
sion of any such person as last aforesaid, and the vessels
containing such liquor, to be forfeited.

Sale by heir, 22. NO penalty shall be incurred under the forego-
k c . , on death,
kc., of licensed ing section by the heirs, executors, administrators and assigns
person. of any licensed person who dies before the expiration of his

licence, or by the trustee of any licensed person who is
adjudged a bankrupt or whose affairs are liquidated by
arrangement before the expiration of his licence in respect
of the sale, exposure or keeping for sale of any intoxicating
liquor, provided that such sale, exposure or keeping for sale
be made on the premises specified on such licence, and take
place prior to the special session then next ensuing, or (if
such special session be holden within fourteen days next,
after the death of the said person, or the appointment of
a trustee in the case of hfs bankruptcy or the liquidation of
his affairs by arrangement) take place prior to the special
session holden next after such special session as aforesaid.

Occupier of
unlicensed

23. The occupier of any unlicensed premises on which
premises liable any intoxicating liquor is sold, or if such premises are
for

Of liquor. occupied by more than one person, every occupier thereof
shall, if it be proved that he was privy or consenting to the
sale, be subject to the penalties imposed upon persons for
the sale of intoxicating liquors without a licence.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 2 1

24. (1) The holder of a licence shall not sell or allow z;;??
any other person to sell, and an employee of the holder of intoxicating
a licence shall not sell, intoxicating liquor to be consumed liquor for consumption to children
on licensed premises to a person apparently under the age licensed
of sixteen years. premises.

(2) A person under the age of sixteen years shall not
buy or attempt to buy in licensed premises intoxicating liquor
to be consumed by him on the said premises.

(3) The holder of a licence, and the employee of the
holder of a licence, shall not allow a person apparently under
the age of sixteen years to consume intoxicating liquor in
any licensed premises.

(4) No person shall buy or attempt to buy intoxicating
liquor for consumption in any licensed premises by a per-
son apparently under the age of sixteen years.

(5) If any person contravenes this section he shall be
liable, on a first conviction to a fine not exceeding two hun-
dred dollars, and on a subsequent conviction to a fine not
exceeding four hundred dollars.

(6) Any conviction for an offence under this section
shall, in the case of a licensed person, be recorded on the
licence of the person convicted.

25. (1) Every person shall sell all intoxicating liquor sale to be by
standard

which is sold by retail and not in cask or bottle, in measures
marked according to the Imperial standard.

(2) Every person who acts or suffers any person under
his control or in his employment to act in contravention of
this section shall be liable to a penalty not exceeding for the
first offence five hundred dollars, and for any subsequent
offence one thousand dollars, and shall also be liable to forfeit
the illegal measure in which the liquor was sold.

26. Every licensed person shall keep a book in which el::;drpz;:;
shall be recorded all sales of rum in quantities exceeding sales rum.
twelve reputed pints.

LAWS OF ANTlGUA AND BARBUDA

22 CAP. 249) Licensing (Intoxicating Liquor)

Sales of rum of
over twelve pints

27. (1) No rum exceeding in volume twelve reputed
to be pints may be removed at any time from any premises or .
accompanied by place to any other premises or place by any person unless
sale note.
Schedule K. accompanied by a sale note in the form set out in Schedule K,

signed by either the licensed person or his servant or agent
supplying or selling such rum.

(2) If any person receive, without such sale note as in
this section mentioned, any rum required to be accompanied
by such sale note, he shall be guilty of an offence against
this Act.

(3) All rum found to have been sent out, delivered or
removed or in the course of being sent out, delivered or
removed in contravention of this section, shall be forfeited,
and every person in whose possession the same is found shall
be guilty of an offence against this Act.

Penalty on 28. (1) Every person who makes or uses, or allows
internal
communication to be made or used, any internal communication between
between licensed any licensed premises, and any unlicensed premises which
premises and
house of public are used as a shop or for public entertainment or resort,
resort. shall be liable to a penalty not exceeding five hundred dollars

for every day during which such communication remains
open.

(2) In addition to any penalty imposed by this section
any person convicted of any offence under this section shall,
if he be the holder of a licence, forfeit such licence.

Names of
licensed persons

29. (1) Every licensed person or persons shall cause
to be affixed to to be painted or fixed, and shall keep painted or fixed on
premises. the premises in respect of which such licence is granted, dur-

ing the continuance of such licence, in a conspicuous place,
his name or that of the firm, with the addition after the name
of the description of licence which has been granted to him
or them, in letters not less than three inches in length and
one inch in width, and no person shall have any words or
letters on his premises importing that he is the holder of a
licence other than that actually granted to him.

(2) Every person who acts in contravention of the pro-
visions of this section shall be liable to a penalty not exceeding

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 2 3

for the first offence five hundred dollars and for every subse-
quent offence one thousand dollars.

30. It shall not be lawful to barter, truck or change, P~oP'bition of
giving or substitute for money or give or deliver in payment or ;nto,;cat;ng

part payment for wages any intoxicating liquor, and any liquor payment in of
barter, truck, change, substitution, gift, or delivery of such ,ages, &c.
intoxicating liquor contrary to this section shall be deemed
a sale of such liquor without a licence.

3 1. Any person who, not being duly licensed to sell z;z;::J:~ of
liquor, shall sell or deliver any liquor to any person under paying for
pretence of his paying for eating only, without any charge eating.
for the liquor, shall be considered to have sold liquor without
a licence.

32. (1) Subject as hereinafter provided all licensed Hours of closing.
premises on which intoxicating liquors are sold, exposed or
kept for sale by retail, except those premises in respect of
which a hotel licence, a tavern licence or a club licence has
been granted, shall be closed to the public during the whole
of Good Friday, Christmas Day and every Sunday, and on
all other days at six o'clock in the evening and shall not be
opened before eight o'clock in the morning:

Provided that in the case of such premises situate within
the limits of the City of Saint John's the hour of closing on
Thursdays shall be one o'clock in the afternoon.

(2) All premises in respect of which tavern licences have
been granted, other than any such premises situate within
the terminal building of any aerodrome available for public
use, shall be closed to the public during the whole of Good
Friday, Christmas Day and every Sunday.

(3) The hours during which intoxicating liquor may be
sold or supplied in any tavern or club shall be as follows-

(i) in the case of premises in respect of which a
tavern licence has been granted, the hours
between eight o'clock in the morning and
twelve o'clock midnight; and

(ii) in the case of a club in accordance with the
rules of the club.

LAWS OF AN'I'IGUA AND BARBUDA

CAP. 249) Licansing (Intoxicating Liquor)

(4) Any person who opens or keeps open any premises
for the sale of intoxicating liquor during the time that such
premises are required to be closed by or in pursuance of
this section, or, during such time as aforesaid, allows any
intoxicating liquor to be consumed on such premises or to
be removed therefrom, shall be guilty of an offence against
this Act.

Extended hours
permit.

33. (1) Notwithstanding the provisions of the
preceding section, where in any particular case a licensed
person applies for the hours of opening or closing his licensed
premises to be extended it shall be lawful for the Commis-
sioner of Police having regard to-

(a ) the special type of service provided in the
licensed premises;

( 6 ) the standard of behaviour of persons resorting
to or frequenting the licensed premises or their
immediate vicinity;

(c) the class and requirements of the neighbourhood a
or district in which the licensed premises are situated;
and

(d) the actual or probable effect on the general stan- I
dard of conduct in that neighbourhood or district of
extending the permitted hours of business of the licensed
premises,

to grant written permission to the licensed person to open
or close or open and close his licensed premises before or 1

after the permitted hours of opening and closing for those
premises.

( 2 ) Every such permission shall be for a period of not
more than one month in the first instance and may thereafter

,

be for further periods of three months and shall in every
case be subject to such conditions, limitations and restric-
tions as may be specified in such permission.

(3) Notwithstanding the provisions of subsection ( 2 ) ,
any such permission may at any time, for good and suffi-
cient reason, be revoked by the Commissioner of Police.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 2 5

(4) Any licensed person dissatisfied with a refusal to
estend the permitted hours for his licensed premises, or the
revocation of any such permission or by any condition, limita-
tion or restriction in a written permission granted in respect
of his licensed premises may appeal to the Cabinet whose
decision thereon shall be final.

34. Any duly qualified medical practitioner may, in Sales after hours
on order of case of illness requiring stimulant, give an order to any per- ,,died

son authorizing such person to purchase intoxicating liquor practitioner.
during prohibited hours; and such order shall be addressed
to the licensed person from whom such intoxicating liquor
is to be purchased, and shall contain the name of the person
authorized to purchase, the quantity and description of
intoxicating liquor to be purchased, and the date, and shall
be signed by the medical practitioner giving the order, who
shall also make a copy of such order in his day book, and
such order, together with the entry in the day book, shall
be sufficient defence to any prosecution instituted under the
foregoing section in respect of the purchase made under the
authority of such order, but shall not act as an exemption
from any other penalty under this Act or otherwise.

35. If during any period during which any premises Penalty
person found on

are required under the provisions of this Act to be closed, premises during
any person is found on such premises, he shall, unless he closing hours.
satisfies the court that he was an inmate, servant or a lodger
on such premises, or that otherwise his presence on such
premises was not in contravention of the provisions of this
Act with respect to the closing of licensed premises, be liable
to a penalty not exceeding one hundred dollars.

36. (1) Any police officer may demand the name and Power of police
officer in relation

address of any person found on any premises during the to nerson found
period during'which they are requirldaby the provisions of z"'&2z;g
this Act to be closed, and if he has reasonable ground to hour,.
suppose that the name or address given is false, may require
evidence of the correctness of such name and address, and
may, if such person fail upon such demand to give his name
and address, or such evidence, apprehend him without war-
rant, and carry him as soon as practicable before a
Magistrate.

LAWS OF ANI'IGUA AND BAKBUDA

2 6 CAP. 249) Licensing (Intoxicating Liquor)

(2) Any person required by a police officer under this
section to give his name and address, who fails to give the
same, or gives a false name or address, or gives false evidence
with respect to such name or address, shall be liable to a
penalty not exceeding two hundred and fifty dollars.

Penalty for
obtaining liquor

37. Every person who by falsely representing himself
by false pretences to be a lodger or by means of any other false pretence buys
during closing or obtains or attempts to buy or obtain at any premises any
hours.

intoxicating liquor during the period during which such
premises are closed in pursuance of this Act, shall be liable
to a penalty not exceeding two hundred and fifty dollars.

PART VII

Penalty on 38. Every person found drunk in any highway or
person found
drunk. other public place, whether a building or not, or on any

licensed premises, shall be liable to a penalty not exceeding
twenty-five dollars, and on a second conviction within a
period of twelve months shall be liable to a penalty not
exceeding fifty dollars, and on a third or subsequent convic-
tion within such period of twelve months be liable to a penalty
not exceeding one hundred dollars.

Drunk and
disorderly.

39. (1) Every person who in any highway or other
Penalty on public place, whether a building or not, is guilty while drunk
person found of riotous or disorderly behaviour, or who is drunk when
drunk when in
charge of in charge on any highway or other public place, of any car-
carriage, &c. riage, horse, cattle or steam engine, or when in possession

of any loaded firearms, may be apprehended, and shall be
liable to a penalty not exceeding one hundred dollars, or
in the discretion of the court, to imprisonment with or without
hard labour for any term not exceeding one month.

(2) When the court commits any person to prison for
non-payment of any penalty under this section, the court
may order him to be imprisoned with hard labour.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 27

40. (1) If any licensed person- penalty for
permitting

(a) permits drunkenness or any violent, quar-
relsome or riotous conduct to take place on his premises;
or

(6) sells any intoxicating liquor to any drunken sening liquor to
drunken person, person;

(c) knowingly permits his premises to be the Keeping
habitual resort of or place of meeting of reputed disorderly house.

prostitutes, whether the object of their so resorting or
meeting is or is not prostitution, if he allows them to
remain thereon longer than is necessary for the pur-
pose of obtaining refreshment; or

(d) knowingly harbours or knowingly suffers to Harbouring
constables. remain on his premises any police officer during any

part of the time appointed for such police officer being
on duty, unless for the purpose of keeping or restoring
order or in execution of his duty; or

( e ) supplies any liquor or refreshment, whether by ~~~,~;~;,t .; '~;r
way of gift or sale, to any police officer on duty unless duty.
by authority of some superior officer of such police
officer; or

V) bribes or attempts to bribe any police officer; or Bribing police
officer,

@ suffers any gaming or unlawful game to be car- ~ ~ m ~ ~ ~ f " g
ried on in his premises; or

(h) opens, keeps or uses or suffers his house to be
opened, kept or used in contravention of any Act for
the suppression of gambling;

he shall be liable to a penalty not exceeding for the first offence
five hundred dollars, and for any subsequent offence one
thousand dollars.

(2) Any conviction under the provisions of this section
shall, unless- the convicting Magistrate shall otherwise direct,
be recorded on the licence of the person convicted.

41. If any licensed person is convicted of permitting Penalty for
permitting house

his premises to be a brothel, he shall be liable to a penalty to be a brothel.
not exceeding one thousand dollars and shall forfeit his

Penalty for
permitting
premises to be
used for offences
against the
Misuse of Drugs
Act.
Cap 283.

Power to exclude
drunkards from
licensed
premises.

LAWS OF ANTIGUA AND BARBUDA

CAP. 249) Licensing (Intoxicating Liquor)

licence, and he shall be disqualified for ever from holding
any licence for the sale of intoxicating liquors.

42. (1) Any licensed person who permits his premises
to be used for the commission of any offence under the Misuse
of Drugs Act, shall himself be guilty of an offence and liable
on summary conviction to a fine of three thousand dollars
and to imprisonment for twelve months and, notwithstand-
ing any other provisions of this Act, in addition thereto the
court before whom the case is heard may order that the licens-
ed person be disqualified from holding a licence at such
premises or anywhere within Antigua and Barbuda for such
period not exceeding five years as the court may determine.

(2) For the purposes of this section if the licence holder
is a body corporate then if any director, secretary or officer
of the body corporate or any manager or person in charge
of such licensed premises permits the commission of an
offence under the Misuse of Drugs Act on such premises
then both such person and the body corporate shall be deemed
guilty of an offence under subsection (1) and both liable to
the penalties specified thereunder.

43. (1) Any licensed person may refuse to admit to
and may turn out of the premises in respect of which his
licence is granted any person who is drunken, violent, quar-
relsome or disorderly, and any person whose presence on
his premises would subject him to a penalty under this Act.

(2) Any such person who, upon being requested in pur-
suance of this section by such licensed person, his agent or
servant, or any police officer, to quit such premises, refuses
or fails to do so, shall be liable to a penalty not exceeding
two hundred and fifty dollars and all police officers are
required on the demand of such licensed person, his agent
or servant, to expel or assist in expelling every such person
from such premises and may use such force as may be
required for that purpose.

(3) When the court commits any person to prison for
non-payment of any penalty under this section, the court
may order him to be imprisoned with hard labour.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liqwr) (CAP. 249

44. (1) Every person- Adulteration of
intoxicating

(a) who mixes or causes to be mixed with any "quo'
intoxicating liquor sold or exposed for sale by him any
deleterious ingredient, that is to say, any of the ingre-
dients specified in Schedule M or added to such Schedule Schedule M.
by any order made by the Cabinet under this Act, or
any ingredient deleterious to health, or

( b ) who dilutes any intoxicating liquor sold or
exposed for sale by him to a degree weaker than thirty
degrees under strength of proof by Sykes hydrometer, or

(c) knowingly sells or exposes for sale any intoxi-
cating liquor mixed with any deleterious ingredient or
diluted in contravention of the provisions of this sec-
tion (in this Act referred to as adulterated liquor), or

(6) who, being a licensed person, has in his posses-
sion or in any part of his premises any adulterated liquor
knowing it to be adulterated, or any deleterious ingre-
dient specified in Schedule M, or added to such Schedule
by the order of the Cabinet, for the possession of which
he is unable to account to the satisfaction of the court,

shall be liable for the first offence to a penalty not exceeding
one thousand dollars, or to imprisonment for a term not
exceeding one month, with or without hard labour, and for
any subsequent offence to a penalty not exceeding five thou-
sand dollars or to imprisonment for a term not exceeding
three months with or without hard labour and to be declared
to be a disqualified person for a period of not less than two
years nor exceeding ten years, and shall also in the case of
the first as well as any subsequent offence forfeit all
adulterated liquor in his possession with the vessels contain-
ing the same.

(2) When the person so convicted is a licensed person,
he shall further, in the case of a second or any subsequent
offence, be liable to forfeit his licence, and the premises in
respect of which such licence is granted shall be liable to
be declared to be disqualified premises for a period of not
less than two years nor exceeding five years and in the case
of a first offence and any subsequent offence until the licence
is forfeited the conviction shall be recorded on the licence
of the person convicted.

LAWS OF AN'TIGUA AND BARBUDA

30 CAP. 249) Licensing (Intoxicating Liquor)

Notice of
conviction under
preceding section
to be affixed to
premises.

45. Where a licensed person is convicted of any
offence under the foregoing section and his licence is not
forfeited for such offence, the Commissioner of Police shall
cause a placard stat in^ such conviction to be affixed to the
premises. Such placar> shall be of such size and form and
shall be printed with such letters, and shall contain such par-
ticulars and shall be affixed to such part of the licensed
premises as the Commissioner of Police may think fit, and
such licensed person shall keep the same affixed during two
weeks after the same is first affixed, and if he fails to comply
with such provisions of this section with respect to keeping
affixed such placard, or defaces or allows such placards to
be defaced, or if the same is defaced and he fails forthwith
to renew the same, he shall be liable to a penalty not
exceeding one hundred dollars for every day on which the
same is not so undefaced and any police officer may affix
or re-affix such placard during the said two weeks, or such
further time as may be directed by a Magistrate.

Schedule of
deleterious
ingredients.

46. It shall be lawful for the Cabinet by order to add
to Schedule M any ingredient which appears to them to be
injurious to health, and to remove any ingredient from such
Schedule, and to remove or alter any order previously made;
and every such order shall be published in the Gazette and
shall take effect on the expiration of seven days from the
date of such publication or at any later date mentioned in
the order, and shall have effect as though it were enacted
in this Act.

Power to obtain
samples of

47. (1) Any Assistant Superintendent of Police or
intoxicating other police officer authorized in writing by the Assistant
liquor for
analysis.

Superintendent so to do, and any officer of the Revenue
Department may procure samples of any intoxicating liquor
from the person selling or keeping or exposing the same for
sale (in this section referred to as the vendor), he may pro-
cure such samples either by purchasing the same, or by
requiring the vendor to show him and allow him to inspect
all or any of the vessels in which any intoxicating liquor in
the possession of the vendor is stored, and the place of storage
thereof, and to give him samples of such intoxicating liquor
on payment or tender of the value of such samples.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 3 1

(2) If the vendor, his agent or servant, when required
in pursuance of this section, refuses or fails to admit the officer
or refuses or wilfully omits to show all or any of the vessels
in which intoxicating liquor is stored, or the place of the
storage thereof, or to permit the officer to inspect the same,
or to give any samples thereof, or to furnish the officer with
such light or assistance as he may require, he shall be liable
to the same penalty, forfeiture and disqualifications as if he
knowingly sold or exposed for sale adulterated liquor.

48. (1) When the officer has by either of the means p;$E of
aforesaid procured samples of intoxicating liquor, he shall
cause the same to be analysed at such convenient place and
time and by such person as the Cabinet may from time to
time appoint:

Provided that reasonable notice shall have been given
by such officer to the vendor, by whom such samples were
furnished, to enable such vendor, if he think fit, to attend
at the time when such samples are opened for analysis; and
if it appear to the person so analyzing that the said samples
of intoxicating liquor are adulterated liquor within the mean-
ing of this Act, he shall certify such fact, and the certificate
so given shall be receivable as evidence in any proceedings
that may be taken against any person in pursuance of this
Act, subject to the right of any person against whom pro-
ceedings are taken to require the attendance of the person
making the analysis for the purpose of cross examination.

(2) The vendor may require the officer in his presence
to annex to every vessel containing any samples for analysis,
the name and address of the vendor, and to secure with a
seal or seals belonging to the vendor the vessel containing
such sample and the name and address annexed thereto, in
such manner that the vessel cannot be opened or the name
and address taken off without breaking such seals; and the
corresponding sample sealed by such officer with his own
seal shall, if required, be left with the vendor for reference
in case of disputes as to the correctness of the analysis or
otherwise; and the certificate of the person who analyzes such
samples shall state the name and address of the vendor, and
that the vessels were not opened, and that the seals securing
the vessels and the name and address of the vendor were
not broken till such time as he opened the vessels for the

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 249) Licensing (Intoxicating Liquor)

purpose of making his analysis; and in such case as aforesaid
no certificate shall be receivable in evidence unless such state-
ment as above or to the like effect is contained therein.

(3) Any expenses incurred in analyzing any intoxicating
liquor of a vendor in pursuance of this section shall, if such
vendor be convicted of selling or keeping or exposing for
sale, or having in his possession adulterated liquor in con-
travention of this Act, be deemed to be a portion of the costs
of the proceedings against him, and shall be paid by him
accordingly. In any other event such expenses shall be paid
as part of the expenses of the officer who procured the sample.

PART IX

Inspection and
search of licensed

49. (1) It shall be lawful for the Comptroller of
premises. Customs or any police officer at any time to enter any licensed

premises and ;oAinspect the records kept therein and to take
an account of the quantity and strength of all intoxicating
liquor therein, and generally to ascertain whether the terms
of the licence issued under this Act are being complied with,
and whether any provisions of this Act are being contravened.

(2) If admittance to any licensed premises is refused
to the Comptroller of Customs or any police officer, either
the licensed person or the person in charge of such licensed
premises shall be guilty of an offence against this Act.

Entry on
unlicensed
premises.

50. (1) Any Magistrate if satisfied by information on
oath that there is reasonable ground to believe that any
intoxicating liquor is sold by retail or exposed or kept for
sale by retail at any place within his jurisdiction, whether
a building or not, in which such liquor is not authorized
to be sold by retail, may, in his discretion grant a warrant
under his hand, by virtue whereof it shall be lawful for any
police officer named in such warrant, at any time or times
within one month from the date thereof, to enter, and if need
be, by force, the place named in the warrant, and every part
thereof, and examine the same and search for intoxicating
liquor therein, and seize and remove any intoxicating liquor
found therein, which there is reasonable ground to suppose

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 3 3

is in such place for the purpose of unlawful sale at that or
any other place, and the vessels containing such liquor.

(2) Every person who, by himself, or by any person
in his employ, or acting by his direction, or with his con-
sent, refuses or fails to admit any Magistrate or police officer
demanding to enter in pursuance of this and the foregoing
section into any premises or place occupied by or under the
control of such person, or who having admitted such
Magistrate or police officer refuses or fails to allow him to
take an account of any intoxicating liquor found therein or
to furnish him with such light and assistance as he may re-
quire, shall be liable to a penalty not exceeding for the first
offence two hundred and fifty dollars and for the second and
any subsequent offence five hundred dollars.

(3) Any conviction for an offence under this section
shall, in the case of a licensed person, be recorded on the
licence of the person convicted.

(4) All intoxicating liquor and vessels containing such
liquor, seized under this section, may be forfeited by a
Magistrate unless the owner of such intoxicating liquor, upon
being summoned to show cause why such forfeiture should
not be enforced satisfies such Magistrate that such intoxi-
cating liquor was not sold or kept or exposed for sale by
retail in any place in which it was unlawful so to sell such
liquor.

PART X

5 1. If any licensed person on whose licence two con- Forfeiture of
licence on

victions for offences committed by him against this Act have repeated
been recorded is convicted of any offence which is directed convictions.
by this Act to be recorded on his licence, the following con-
sequences shall ensue, that is to say-

(a) the licence of such licensed person shall be
forfeited, and he shall be disqualified for a term of five
years from the date of such third conviction from holding
any licence; and

JAWS OF ANTlGUA AND BARBUDA

3 4 CAP. 249) Licensinz (Intoxicating Liquor)

(b) the premises in respect of which his licence was
granted shall, unless the court having cognizance of the
case in its discretion thinks fit otherwise to order, be
disqualified from receiving any licence for a term of two
years from the date of such third conviction:
Provided that nothing in this section contained shall pre-

vent the infliction by the court of any pecuniary penalty or
any term of imprisonment to which such licensed person
would otherwise be liable, or shall preclude the court from
exercising any power given by any other section of this Act
of disqualifying such licensed person or such premises for
a longer period than the term mentioned in this section.

Disqualification 52. The following additional provisions shall be
of premises. enacted only with respect to convictions of persons who may

hereafter become licensed in respect of premises, and shall
not apply to a conviction of any person licensed for any
premises at the time of the passing of this Act so long as
he is licensed in respect of the same premises, that is to say-

(a ) The second and every subsequent conviction
recorded on the licence of any one such person shall
also be recorded in the register of licences against the
premises.

(b) When four convictions (whether of the same
or of different licensed persons) have within five years
been so recorded against premises, those premises shall
during one year be disqualified for the purposes of this
Act.

(c) If the licence of two such persons licensed in
respect of the same premises are forfeited within any
period of two years, the premises shall be disqualified
for one year from the date of the last forfeiture:
Provided that where any premises are disqualified under

this section, notice of such disqualification shall be served
upon the owner of the premises in like manner as an order
of disqualification is required to be served under this Act,
and the regulations for the protection of the owner of the
premises in case of an order of disqualification shall, so far
as the same are applicable, extend to the case of disqualifica-
tion under this section.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 35

53. A conviction for any offence under this Act shall Conviction after
five years not to

not after five years from the date of such conviction be penalty.
receivable in evidence against any person for the purpose
of subjecting him to an increased penalty or to any forfeiture.

54. Where a conviction for an offence is by this Act ~ ~ , ' ~ ~ ; i c t i o n
directed to be recorded on the licence of any person, the l;cence.
fact of no such record having been made, shall not, if such
conviction be otherwise proved to the satisfaction of the court
having cognizance of any case under this Act, exempt such
person or the premises occupied by him from any penalty
to which such person or premises would have been subject
if such record had been duly made; and on such proof being
given, the omitted conviction may be recorded accordingly,
and shall be deemed to have been duly recorded in accord-
ance with this Act.

PART XI

55. There shall be paid for every licence issued under F;te; be b e d
the provisions of this Act such sums as shall be prescribed
by any Act in that behalf for the time being in force.

PART XI1

56. There shall be kept by the clerk to the Licensing Register of
licences to be

Magistrate a register to be called the register of licences, in kept.
such form as may be prescribed by such Magistrate, con-
taining the particulars of all licences granted, the premises
in respect of which they were granted, the names of the
owners of such premises, and the names of the holders for
the time being of such licences. There shall also be entered
on the register all forfeitures of licences, disqualifications of
premises, records of convictions, and other matters relating
to the licences on the register.

57. Every person applying for a new licence, or the Name of
to be endorsed

renewal of a licence, shall state the name of the owner of licence.
the premises in respect of which such licence is granted or

LAWS OF AN'IIGUA AND BARBUDA

Name of new
owner to be
substituted.

Inspection of a
extracts from
register.

Fee on
registration of
licence.

Registers, &c.
receivable in
evidence.

CAP. 249) Luensing (Intoxicating Liquor)

renewed, and such name shall be endorsed on the licence,
and the person whose name is so stated shall, subject as
hereinafter mentioned, be deemed for the purposes of this
Act to be the owner of the premises.

58. The Licensing Magistrate may on the applica-
tion of any person who proves to the court that he is entitled
to be entered as owner of any premises in place of the per-
son appearing in the register to be the owner, make an order
substituting the name of the applicant, and such order shall
be obeyed by the clerk to the Licensing Magistrate, and a
corresponding correction may be directed to be made on the
licence granted in respect of the premises of which such
applicant claims to be the owner.

nd 59. Any householder, any owner of premises to which
a licence is attached, and any holder of a licence, shall, upon
payment of a fee of twenty-four cents, and any Justice of
the Peace, Officer of Police, or Officer of Inland Revenue,
without payment, shall be entitled at any reasonable time
to inspect and take copies of, or extracts from, any register
kept in pursuance of this Act, and the clerk of the Licensing
Magistrate, and every other person who prevents the inspec-
tion or taking copies of, or extracts from, the same, or
demands any unauthorized fee therefor, shall be liable to
a penalty not exceeding two hundred and fifty dollars for
each offence.

60. There shall be paid by each licensed person to
the clerk of the Licensing Magistrate in respect of such
registration the sum or fee of twenty-four cents for every
licence granted or renewed.

6 1. The registers of licences kept in pursuance of this
Act shall be receivable in evidence of the matters required
by this Act to be entered therein. Every endorsement upon
a licence and every copy of an entry made in the registers
of licences in pursuance of this Act purporting to be signed
by the clerk to the Licensing Magistrate and (in the case
of a copy to be certified to be a true copy) shall be evidence
of the matter stated in such endorsement and entry without
proof of the signature or authority of the persons signing
the same.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 37

PART XI11

LEGAL PROCEEDINGS

62. Except as in this Act otherwise expressly provided, : z r g s br
every offence under this Act may be prosecuted, and every offences under
penalty and forfeiture may be recovered and enforced in man- gl; $>. &c.
ner provided by the Magistrate's Code of Procedure Act,
subject to the following provisions-

(1) Where the court of summary jurisdiction orders that
a distress shall be made in default of the payment of any
penal sum exceeding two hundred and fifty dollars, including
under that expression costs actually adjudged in respect of
an offence, the court may order that, in default of the said
sum being paid as directed, the person liable to pay the same
shall be imprisoned for any term not exceeding the period
specified in the following scale-

For any sum exceeding two hundred and fifty
dollars, but not exceeding five hundred dollars, three months.

For any sum exceeding five hundred dollars, but
not exceeding fifteen hundred dollars, four months.

For any sum exceeding fifteen hundred dollars, but
not exceeding three thousand dollars, six months.

For any sum exceeding three thousand dollars, a
year.

(2) The description of any offence under this Act, in
the words of such Act, or in similar words, shall be suffi-
cient in law.

(3) Any exception, exemption, proviso, excuse or
qualification, whether it does or does not accompany the
description of the offence in this Act may be proved by the
defendant, but need not be specified or negatived in the
information, and if so specified or negatived no proof in rela-
tion to the matters so specified or negatived shall be required
on the part of the complainant or informant; and in all cases
of summary proceedings under this Act, the defendant and
his wife shall be competent to give evidence.

LAWS OF ANTIGUA AND BARBUDA

38 CAP. 249) Licensing (Intoxicating Liquor)

(4) All forfeitures shall be sold or otherwise disposed
of in such manner as the court may direct, and the proceeds
of such sale of disposal (if any) shall be applied in the like
manner as penalties; but the court may direct that such pro-
ceeds may be applied in the first instance in paying the
expenses of and incidental to any search and seizure which
resulted in such forfeitures.

Recovery and
disposal of

63. Any officer appointed by the Governor-General
penalties. for that purpose may sue for any penalties under this Act,

and when so sued for any penalties which may be recovered
shall be applied in the manner in which excise penalties are
for the time being applicable.

Recovery of
costs.

64. Where under this Act any sum for costs (other
than costs upon a conviction or order of dismissal of an
information) or for compensation or both is ordered or
awarded to be paid by any person, the amount thereof shall
be recovered in manner directed by the Magistrate's Code
of Procedure Act, for the recovery of costs awarded on the
dismissal of an information or complaint.

Appeal. 65. If any person feels aggrieved by any order or con-
viction made by a court of summary jurisdiction, the per-
son so aggrieved may appeal therefrom, subject to the pro-
visions of the Magistrate's Code of Procedure Act, or any
other Act in that behalf for the time being in force.

Temporary
licence pending

66. Where a licence is forfeited on or in pursuance
aooeal anainst of a conviction for an offence and an appeal is duly made .. " -
forfeiture. against such conviction, the court by whom the conviction

was made may by order grant a temporary licence to be in
force during the pendency of the appeal upon such condi-
tion as it thinks just.

Conviction, &c.,
not to be

67. No conviction or order made in pursuance of this
quashed for want Act originally or on appeal relative to any offence, penalty,
of form or forfeiture, or summary order shall be quashed for want of
removed by
certiorari. form, or if made by a court of summary jurisdiction be

removed by certiorari or otherwise, either at the instance
of the Crown or of any private party into any Superior Court.
Moreover no warrant of commitment in any such matter
shall be held void by reason of any defect therein:

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 3 9

Provided that there is a valid conviction to maintain
such warrant, and it is alleged in the warrant that the party
has been convicted.

68. With respect to the record of convictions of As to record of
convictions of licensed persons for offences under this Act-committed by licensed persons

them as such-the following provisions shall have effect in for offences
under this Act.

cases where this Act requires the conviction to be recorded
on the licence, that is to say-

(1) The court before whom any licensed person is
accused shall require such person to produce and deliver to
the clerk of the court the licence under which such person
carries on business and the summons shall state that such
production will be required.

(2) If such person is convicted the court shall cause the
short particulars of such conviction and the penalty imposed
to be endorsed on his licence before it is returned to the
offender.

(3) The clerk shall enter the particulars respecting such
conviction or such of them as the case may require in the
register of licences kept by him under section 56.

(4) Where the conviction of any such person has the
effect of forfeiting the licence or of disqualifying any person
or premises for the purposes of this Act, the licence shall
be retained by the clerk of the court and notice of such
forfeiture and disqualification shall be sent to the Comptroller
of Customs, and if the clerk of the court is not the clerk
to the Licensing Magistrate notice shall also be sent to such
last-mentioned clerk together with the forfeited licence.

69. If any person defaces or obliterates, or attempts z:;$;gf;:cord
to deface or obliterate any record of a conviction on his conv~ction
licence, he shall be liable to a penalty not exceeding two hun- licence.
dred and fifty dollars.

LAWS OF ANTIGUA AND BARBUDA

CAP. 249) Licensing (Intoxicating Liquor)

For protection of
owners of 70. Where any tenant of any licensed premises is con-
licensed premises victed of an offence against this Act and the offence is one,
in cases bf the repetition of whiph may render the premises liable to
offences
committed by be disqualified from receiving a licence for any period, it
tenants. shall be the duty of the clerk of the licensing Magistrate to

serve in manner provided by this Act, notice of every such
conviction on the owner of these premises.

Grounds on
which owner 71. Where an order of a court of summary jurisdic-
may appeal tion declaring any licensed premises to be disqualified from
against
disqualification

receiving a licence for any period has been made, the court
of pemises. shall cause such order to be served on the owner of such

premises, where the owner is not the occupier, with the
addition of a statement that the court will hold a petty ses-
sions at a time and place therein specified at which the owner
may appear and appeal against such order on all or any of
the following grounds but on no other grounds-

(1) That notice as required by this Act has not been
served on the owner of a prior offence which on repetition
renders the premises liable to be disqualified from receiving
a licence at any period; or

(2) That the tenant by whom the offence was commit-
ted held under a contract made prior to the commencement
of this Act and that the owner could not legally have evicted
the tenant in the interval between the commission of the
offence in respect of which the disqualifying order was made
and the receipt by him of the notice of the immediately
preceding offence which on repetition renders the premises
liable to be disqualifed from receiving a licence at any period;
or

(3) That the offence in respect of which the disqualify-
ing order was made occurred so soon after the receipt of
such last-mentioned notice-that the owner notwithstanding
he had legal power to evict the tenant could not with
reasonable diligence have exercised that power in the interval
which occurred between the said notice and the second
offence.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 4 1

72. If the owner appear at the time and place specified court may cancel
order and at such session or at any adjournment thereof, satisfy disqualifying

the court that he is entitled to have the order cancelled on premises.
any of the grounds aforesaid the court shall thereupon direct
such order to be cancelled and the same shall be void.

73. The Licensing Magistrate shall make rules in pur- f::2:i,"," Ersons
suance of which any person other than the owner interested other than the
in any licensed premises as mortgagee or otherwise shall be Owner.
entitled on payment of such sum as may be specified in such
rules to receive from the clerk a similar notice to that which
an owner of such premises is entitled to receive under this Act.

74. Where a licensed person is convicted of more AS to conviction
of licensed

offences than one, committed on the same day, the convic- persons of more
tions for which are by this Act directed to be recorded on :;hzns:F;.
his licence the court by whom he is convicted may in its
discretion order that one or some only of such convictions
shall be so recorded.

PART XIV

75. (1) In proving the sale or consumption of intoxi- Pmof of sale
consumption of

catinn liquor under this Act, whether in respect of licensed intoxicatine - -
or unlicensed premises, it shall not be necessary to prove liquO'
that any money actually passed, or that any intoxicating
liquor was actually consumed, if the court hearing the case
is satisfied that any transaction in the nature of a sale actually
took place, or that any consumption of intoxicating liquor
was about to take place or had taken place.

(2) Proof of consumption or intended consumption of
intoxicating liquor on any premises, whether licensed or
unlicensed, by some person other than the occupier of, or
a servant employed on, such premises, shall be evidenced
that such intoxicating liquor was sold in or on such premises
by or on behalf of the holder of the licence, where such
premises are licensed, or by or on behalf of the owner or
occupier of such unlicensed premises, as the case may be.

LAWS 01.' ANTIGUA AND BARBUDA

42 CAP. 249) Licensing (Intoxicating Liquor)

Licence to
become void on

76. Where a licence is forfeited in pursuance of this
forfeiture under Act or becomes void under any of the provisions of this Act
this Act. any licence for the sale of intoxicating liquor granted by the

Comptroller of Customs to the holder of such licence shall
be void.

Production of
licence by

77. (1) Every holder of a licence or of an order of
holder, and exemption made by a local authority in pursuance of this
penalty on
non-production.

Act, shall by himself, his agent or servant produce such
licence or order within a reasonable time after the produc-
tion thereof is demanded by a Magistrate, police officer, or
officer of the customs and deliver the same to be read and
examined by him.

(2) Any person who acts in contravention of this sec-
tion shall be liable to a penalty not exceeding five hundred
dollars.

Penalty for using
an uncovered
light when
drawing off rum.

78. If any person holding a licence, whether granted
previously to the passing of this Act or under this Act, shall
use an open or uncovered light of any description when -
throwing up or drawing off rum in any cellar or room in
which rum is on the premises of such person, kept or stored
(except in the shop or store in which rum is sold on the
premises of such person) or shall throw up or draw off rum
at any time, except between the hours of eight in the fore-
noon and four in the afternoon, or any time on Sunday,
such person shall be liable, on summary conviction, to a
fine or penalty not less than three thousand dollars, and not
more than five thousand dollars.

Power of Justices
to dose licensed 79. Any Justice of the Peace, in the event of any riot
oremises in case or tumult happening or being expected to happen, may order

A * - - - - A
of riot. every licensed person in or near the place where such riot

or tumult happens or is expected to-happen, to close his
premises during any time which the Justice may order. And
any person who keeps open his premises for the sale of
intoxicating liquors during any time at which the Justice has
ordered them to be closed shall be liable to a penalty not
exceeding three thousand dollars: and it shall be lawful for
any person acting by order of any Justice to use such force
as may be necessary for the purpose of closing such premises.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 43

80. Any part not exceeding a moiety of any penalty Moiety of
penalties may be recovered under this Act may if the court shall so direct be paid to Police

paid to the Police Reward Fund. Reward Fund.

81. Where any person holding a licence under this of
mitigation of

Act is convicted of any offence against this Act, it shall not penalties.
be lawful for the Magistrate before whom he is convicted
to mitigate or reduce the penalty for such offence to a less
sum than fifty dollars.

Provided that nothing herein contained shall extend to
authorize the mitigation or reduction of any penalty whether
of excise or police to a less sum than the minimum to which
the same may under the provisions of any other Acts be
mitigated or reduced.

82. No person shall henceforth recover any sum of No debt for
spirituous liquor

money, debt or demand whatsoever for or on account of to be recovered
any spirituous liquors, unless such debt has been bani fide ;;ff'oz::PEed
contracted at one time to the amount of two dollars and forty amount $2.40.
cents, nor shall any particular item in any account or demand
for spirituous liquors be allowed, where the liquors delivered
at one time and specified in such item do not amount to
the value of two dollars and forty cents at the least, and that
without fraud and without any part of the liquors sold or
delivered being returned or agreed to be returned directly
or indirectly.

83. If any retailer of spirituous liquors, with or
without a licence, takes or receives any pawn or pledge from
any person by way of security for the payment of any money
due or purporting to be due from such person in respect
of such spirituous liquor, such retailer shall be liable to a
fine not exceeding one hundred dollars for every pawn or
pledge so taken or received by him and the person to whom
any such pawn or pledge belongs shall have the same remedy
for recovering such pawn or pledge, or the value thereof,
as if the same had never been pawned or pledged.

No pawn or
pledge to be
received as
security for
payment of
money in respect
of spirituous
liquors.

84. (1) Where any rum is required to be accompanied Removing rum
without a sale

by a sale note, every person who sends out, delivers or note.
removes any rum-

(a) without such sale note; or

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 249) Licensing (Intoxicating Liquor)

( b ) in quantity greater than, or to or in any place
other than, specified in the sale note;

(6) with a sale note other than the one relating to
the sale of the rum which it accompanies,

shall be guilty of an offence against this Act.

( 2 ) Every licensed person who in any manner uses any
sale note so that any account kept or checked by any person
authorized by this Act to take an account of his stock may
be frustrated or evaded shall be guilty of an offence against
this Act.

(3) Any carrier, boatman or other person who without
reasonable excuse carries, removes or transports, or aids or
assists in carrying, removing or transporting from any part
of Antigua and Barbuda to any other part thereof, any rum
which is required by this Act to be accompanied by a sale
note without being accompanied by such sale note, shall be
guilty of an offence against this Act.

Power to stop. 85. It shall be lawful for the Comptroller of Customs
or any police officer to stop and detain any person whom
he reasonably supposes to be removing or carrying any rum
contrary to the provisions of this Act, and to stop and search
and examine any 2onveyance of any kind or any package
which he reasonably supposes to contain any rum and to
demand the production of the sale note accompanying such
rum.

( 2 ) Any person who is found removing or carrying any
rum which is by this Act required to be accompanied by
a sale note and refuses or fails to produce such sale note
on being required so to do as aforesaid shall be guilty of
an offence against this Act, and may be arrested forthwith;
and the rum and the package or vessel in which it is con-
tained, and every animal or vehicle of any kind used in the
removal thereof, may be seized and may be forfeited at the
discretion of the Magistrate.

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 45

86. Any person who receives or buys or procures or Buying or
removing employs any person to receive or buy or procure any intoxi-

cating liquor from any person in Antigua and Barbuda other liquor from
unauthorised than a licensed person shall be guilty of an offence against persons.

this Act.

87. If any rum which is required to be accompanied ~~~~,"0';;~~1;,":
by a sale note is found in the possession of any person other by a sale note.
than a licensed person or upon any premises other than
licensed premises, and is not accounted for by the produc-
tion of its sale note, that person or the occupier of the premises
upon which it is found shall be guilty of an offence against
this Act unless he gives a reasonable explanation to the
Magistrate to account for the absence of such sale note.

88. Every licensed person shall, when required by the E;;;;"r
Comptroller of Customs, or any person authorized by him intoxicating
in writing or by any police officer, point out to him all liquor to officers.

. intoxicating liquor in his licensed premises or in his custody
or possession, and if he fails to do so he shall be guilty of
an offence against this Act, and any intoxicating liquor which
may be discovered which has not been pointed out as
aforesaid shall be forfeited.

89. (1) Where upon the examination under the pro- ra,",";,dn~rp"
visions hereinbefore contained of any licensed premises the excess stock.
stock or quantity of intoxicating liquor found appears to the
person examining to be in excess of the quantity the licensed
person should have on hand, such excess shall, unless the
licensed person or the person in charge of such premises
accounts satisfactorily therefor to the person examining by
the production of his sale notes or permits or otherwise, be
forfeited, and either the licensed person or the person in
charge of such premises shall be guilty of an offence against
this Act.

(2) It shall not be necessary to prove what particular
vessels of intoxicating liquor are in excess, but a like quantity
of intoxicating liquor of the like kind and the packages con-
taining the same may be seized out of any part of the stock
of the licensed person.

LAWS OF ANTIGUA AND BARBUDA

CAP. 249) Licensing (Intoxicating Liquor)

Penalty. 90. Any person who shall in any way violate o r con-
travene any of the provisions of this Act shall be guilty of
a n offence against this Act and shall (except where the penalty
is hereinbefore specified) be liable o n summary conviction
to a penalty not exceeding five thousand dollars o r to
imprisonment with o r without hard labour for a period not
exceeding six months.

SCHEDULE A S.5.

NOTICE TO LICENSING MAGISTRATE AND OTHERS

To. C.D. &c.

I, A.B. now residing in Street, in

the cityitown of do hereby give you notice that

it is my intention to apply at the next special session, to be held at

the Magistrate's Court, St. John's on the

day of next ensuing, for a

licence in respect of my premises at

Dated this day of 19 .

(Signed) A.B.

SCHEDULE B S.9.

I, C.D. Magistrate in and for District A in Antigua
and Barbuda and as Licensing Magistrate for Antigua and
Barbuda, do hereby certify that I have heard and considered the
application of A.B. made before me this day of
19 , for a licence to sell intoxicating liquors and that I have
determined that the said A.B. may have such licence.

These are therefore to authorize and require you on payment
by the said A.B. of such sums as may be authorized on that behalf

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 47

by any Act for the time being in force, to grant to the said A.B.
a licence to sell intoxicating liquors
on his premises in

Given under my hand at St. John's in Antigua and Barbuda
this day of 19 .

C.D.
Licensing Magist~ate

SCHEDULE C

NOTICE OF TRANSFER OF LICENCE

To. C.D. &c.

I, A.B. now residing in Street, in the
of do hereby give you notice that it

is my intention to apply at the next special session, to be held at the
Magistrate's Court, St. John's, on the day of

next ensuing, for permission to transfer the
licence now held by me in respect of the premises

situate at in the of
to E.F., who for six months last past has carried on the

occupation of at
and who intends to use the said licence in respect

of this premises at
Dated this day of 19 .

A.B.

SCHEDULE D(1)

A.B., of is hereby authorized
and empowered to sell on his premises in Street,
in the of , by retail, at any time between
the hours of eight o'clock in the morning and six o'clock in the
evening (Sundays, Christmas Day and Good Friday excepted) any
intoxicating liquor, to be drunk or not to be drunk on the premises,
on which every duty payable thereon has been paid; and this licence
shall continue in force from the day of
19 , until the day of 19 , unless the

LAWS OF ANTIGU.4 AND BARBUDA

48 C A P . 249) Licensing (Intoxicating Liquor)

same shall in the meantime be forfeited under any of the provisions
of the Licensing (Intoxicating Liquor) Act (Cap.249).

Given under my hand at St. John's Antigua and Barbuda,
this day of 19 .

C.D.
Comptroller of Customs

SCHEDULE D(2)

RETAIL LICENCE

A.B.. of is herebv
authorized and empowered to sell on his premises in

Street in the
of , by retail, at any time between the hours of
eight o'clock in the morning and six o'clock in the evening
(Sundays, Christmas Day and Good Friday excepted) any beer,
to be drunk or not to be drunk on the premises, on which every
duty payable thereon has been paid; and this licence shall con-
tinue in force from the day of
19 . unless the same shall in the meantime be forfeited under
any of the provisions of the Licensing (Intoxicating Liquor) Act
(Cap.249).

Given under my hand at St. John's Antigua this
day of , 19 .

Comptroller of custom^

SCHEDULE E S. 11 .(2).

A.B., of , is hereby authorized to sell
on his premises in Street, in the
of , known as the Hotel, by
retail to any person in the hotel any intoxicating liquor on which
every duty payable thereon has been paid, to be consumed on the

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liqwr) (CAP. 249

premises, and this licence shall continue in force from the
day of until the day of

, unless it be forfeited in the meantime.
Given under my hand at St. John's, Antigua and Barbuda,

this day of 19 .

C.D.
Comptroller of Customs

SCHEDULE F

A.B., of , is hereby authorized and empowered
to sell on his premises in Street, in the

of , at any time between the hours of eight
o'clock in the morning and six o'clock in the evening (Public
Holidays after 9 a.m., Christmas Days and Good Fridays before
1 p.m. and on Sundays excepted), any intoxicating liquor, on which
every duty payable thereon has been paid, in any quantity, to
be sold and delivered at any one time, not less of each set sort of
intoxicating liquor than one reputed pint contained in a closed
vessel, not to be drunk on the premises. This licence shall continue
in force from the day of , 19 ,
to the dav of . unless the same shall in
the meantime be forfeited under any of the provisions of the
Licensing (Intoxicating Liquor) Act (Cap. 249).

Given under my hand at St. John's, Antigua and Barbuda,
this day of 19 .

C.D.
Comptroller of Customs

SCHEDULE G S.11.(4).

A.B., of , is hereby authorized and empowered
to sell on his premises in , in the of
at any time between the hours of o'clock in the
morning and o'clock in the evening
(Public Holidays after 9 a.m., Christmas Days and Good Fridays

LAWS OF AN'rlGUA AND BARBUDA

CAP. 249) Licensing (1nto.uicating Liquor)

before 1 p.m., and Sundays excepted), any intoxicating liquor,
imported by him, all duty payable thereon having been paid, in
any quantity, not being less than five dozen reputed quart bottles,
or twenty gallons in the wood, or (in the case of rum) not being
less than fifty gallons, to be sold and delivered at any one time
and not to be drunk on the premises; and this licence shall con-
tinue in force from the day of
19 , t o t h e day of , 19 ,
unless the same shall have been forfeited in the meantime under
any of the provisions of the Licensing (Intoxicating Liquor) Act
(Cap.249).

Given under my hand at St. John's, Antigua and Barbuda
this day of 19 .

C.D.
Comptroller of Customs

SCHEDULE H S. 11 .(5).

A.B., of , is hereby authorized to sell on his
premises in Street, in the
of , known as at any time
between the hours of eight o'clock in the morning and twelve
o'clock midnight (Christmas Day, Good Friday and Sundays
excepted) any intoxicating liquor, on which every duty payable has
been paid, to be consumed on the premises.

This licence shall continue in force from the day of
19 , until the day of

19 , unless sooner forfeited.

Given under my hand at St. John's, Antigua and Barbuda
this day of 19 .

C.D.
Comptroller of Customs

LAWS OF ANTIGUA AND BARBUDA

Licensing (Intoxicating Liquor) (CAP. 249 5 1

SCHEDULE I S.11.(6).

A.B., Secretary of the Club, is
hereby authorized to sell on the premises of the Club in
Street, in the of , known as
the Club, by retail to any boncifide member
of the Club, any intoxicating liquor on which every duty payable
thereon has been paid, to be consumed on the premises, and this
licence shall continue in force from the day of

until the day of , unless
it be forfeited in the meantime.

Given under my hand at St. John's, Antigua and Barbuda,
this day of 19 .

C.D.
Comptroller of Customs

SCHEDULE J

To the Comptroller of Customs.

I, E.F.,Magistrate of District A in Antigua and Barbuda and
as Licensing Magistrate for Antigua and Barbuda, do hereby certify
that I have heard and considered the application of A.B. made
before me this day of 19 , for
the permission to transferlremove the licence now
held bv him in resvect of his vremises at to

and that I have determined that the said transferlremoval
may take place.

These are therefore to authorize and require you, on payment
of such sum as may be authorized on that behalf by any Act for
the time being in force, and on delivery to you of the licence now
held by the said A.B., to grant a new licence in the terms of the
said transferlremoval.

Given under my hand at St. John's, Antigua and Barbuda,
this day of 19 .

E . F .
Licensing Magistrate

LAWS OF ANTIGUA AND BARBUDA

52 CAP. 249) Licensing (Intoxicating Liquor)

SCHEDULE K

I hereby certify that I have this day of 19 ,
sold to of the following quantities
and kinds of rum:

to be conveyed to the premises of at

Licensed person.

SCHEDULE L S.16

A.B., of , Licensed Auctioneer,
having made the declaration prescribed in section 16 of the
Licensing (Intoxicating Liquor) Act is hereby authorized and em-
powered to sell by auction on the premises a t

the intoxicating liquors now or lately the property of
the quantity and description of which are set out on

the back hereof, such sale to take place on the
day of

19 , between the hours of nine o'clock in the morning and six
o'clock in the evening.

Given under my hand at St. John's, Antigua and Barbuda
this day of 19 .

C.D.
Comptroller of Customs

SCHEDULE M S.44.

Coculus indicus, chloride of sodium, otherwise common salt,
copperas, opium, indian hemp, strychnine, tobacco, darnel seed
extract of logwood, salts of zinc or lead, alum, and any extract
or compound of any of the above ingredients.

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