Liquor Licence Amendment Act 1998

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1998/Acts/Liquor%20Licence%20Amendment%20Act%201998.pdf

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Liquor Licence Amendment Act 1998
LIQUOR LICENCE AMENDMENT ACT 1998

1

BERMUDA
1998 : 9

LIQUOR LICENCE AMENDMENT ACT 1998

[Date of Assent 31 March 1998]

[Operative Date 15 May 1998]

WHEREAS it is expedient to amend the Liquor Licence Act 1974:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Liquor Licence Amendment Act
1998.

Interpretation
2 In this Act—

"the Act" means the Liquor Licence Act 1974;

"section" means section of the Act.

Amendment of s 1
3 Section 1(1) is amended—

(a) in the definition of "permitted hours" by deleting the
words "and includes any period in respect of which an
extension permit is granted under section 21";

LIQUOR LICENCE AMENDMENT ACT 1998

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(b) by deleting the definition of "prison officers' mess"; and

(c) by inserting the following definition in its proper
alphabetical place—

" "the Minister" means the Minister responsible for
Drug Prevention;".

Amendment of s 3
4 Section 3 is amended by adding the following subsection to the
section—

" (3) The licensing authority for the Central District shall
be the competent licensing authority in relation to Tour Boat
Licences.".

Amendment of s 4
5 Section 4 is amended—

(a) by inserting in the section the following subsection next
after subsection (7)—

" (7A) Subsection (7) shall apply in relation to
service by a person as chairman or deputy chairman of a
licensing authority as it applies in relation to the
appointment of a person as a member of such an
authority.";

(b) by deleting "Premier" from subsection (8) and
substituting "Minister".

Insertion of new s 4A in Act
6 The following new section is inserted in the Act next following
section 4—

"Minister may give policy directions
4A The Minister may, after consultation with the chairman,
give such general directions as to the policy to be followed by the
licensing authority in the performance of its functions as appear
to the Minister to be necessary in the public interest; and the
licensing authority shall give effect to any such directions.".

Amendment of s 7
7 Section 7 is amended—

(a) in paragraph (a) of subsection (1) by deleting "February"
and substituting "April";

LIQUOR LICENCE AMENDMENT ACT 1998

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(b) by inserting in the section the following subsection next
after subsection (1):

" (1A) Where an application is made for a
Members' Club Licence, the applicant shall supply to the
licensing authority a copy of the club's constitution and
byelaws (by whatever named called).".

Amendment of s 9
8 Section 9 is amended—

(a) in subsection (1) by deleting the word "eight" and
substituting the word "nine";

(b) by deleting "and" at the end of paragraph (g) of
subsection (1), substituting a semi-colon for the full stop
at the end of paragraph (h) and adding the following
paragraph to the subsection—

"(i) a Tour Boat Licence for the sale on the boat
(being a boat equipped to carry not fewer than
ten passengers) in respect of which the licence is
granted, of intoxicating liquor to be consumed
on the boat.".

Amendment of s 10
9 Section 10 is amended—

(a) by deleting paragraph (b) of subsection (4) and
substituting the following paragraph—

"(b) any person who has been convicted—

(i) of a contravention of section 2(1) of this Act;
or

(ii) of a criminal offence, conviction of which
involves a finding that the person convicted
committed fraud or some other dishonesty;
or

(iii) of an offence under section 154 or 155 of
the Criminal Code (keeping a brothel or
keeping a common gaming house);";

(b) by adding the following subsection to the section—

" (5) The captain may not be the holder of a
Tour Boat Licence unless he is also either the owner or
the manager of the boat in question.".

LIQUOR LICENCE AMENDMENT ACT 1998

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Amendment of s 11
10 Section 11 is amended—

(a) in subsection (2) by deleting "January" and substituting
"March";

(b) by adding to the section the following subsection—

" (5) Where—

(a) a person has made application for a
licence and that application was
rejected; and

(b) that person within twelve months
beginning on the day of the rejection
makes a further such application which
in the opinion of the licensing authority
raises the same issues, or substantially
the same issues, as were raised by the
earlier application,

the further application shall not be considered unless
the licensing authority grants special leave.".

Amendment of s 12
11 Section 12 is amended—

(a) in subsection (1) by deleting "and" at the end of
paragraph (b), substituting a semi-colon for the full stop
at the end of paragraph (c) and adding the following
paragraph to the subsection—

"(d) the licensing authority may, subject to such
conditions as it thinks fit to impose, allow a number
of persons qualified under this subsection to be
represented for the purposes of the objection by a
person, whether or not himself so qualified,
appointed by them.";

(b) in subsection (5)—

(i) by deleting "not exceeding fifty dollars" and
substituting "in accordance with the scale of
costs applicable in a court of summary
jurisdiction";

(ii) by deleting "the Supreme Court" and
substituting "a court of summary jurisdiction".

LIQUOR LICENCE AMENDMENT ACT 1998

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Amendment of s 15
12 Section 15 is amended—

(a) in subsection (1) by deleting sub-paragraphs (iii) and (iv)
of paragraph (a) and substituting the following sub-
paragraphs—

"(iii) that the premises are suitably located and well
designed; and

(iv) that there are no sustainable objections to the
grant of the licence to the applicant and, in
particular, no such objections, raised by or on
behalf of persons owning or occupying
neighbouring property, based on any of the
following anticipated grounds—

(aa) undue noise;

(bb) disruption of the traffic flow;

(cc) accumulation of trash;

(dd) disturbance attributable to alcohol
misuse;";

(b) by deleting subsection (4) and substituting the following
subsection—

" (4) Where any change (however made) occurs
in the management, or in the control of the
management, of licensed premises, the holder of the
licence shall forthwith supply to the licensing authority
in writing details of the change.".

Amendment of s 16
13 Section 16 is amended—

(a) in subsection (1) by deleting the words "1st April" and
substituting the words "1st June";

(b) in subsection (2) by deleting the words "31st March" and
the words "30th September" and substituting the words
"31st May" and "30th November" respectively;

(c) by adding to the section the following subsection—

" (4) Where a licence has been granted and was
in force immediately before the commencement of the
Liquor Licence Amendment Act 1998, it shall be deemed
to remain in force for an additional period of two months

LIQUOR LICENCE AMENDMENT ACT 1998

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upon payment by the licensed person of one-sixth of the
sum payable for a year as set out in the Second
Schedule.".

Amendment of s 18
14 Section 18 is amended by inserting the following subsections
next after subsection (1)—

" (1A) A Licence (A) shall not be granted in respect of
premises that are not either a grocery store or a liquor store.

(1B) A licence shall not authorise the sale of any
miniature at a grocery store.

(1C) In this section—

"grocery store" means premises where—

(a) the main activity is the sale of food provisions
for consumption off the premises; but

(b) intoxicating liquor is also sold from a discrete
and separate part of the premises;

"liquor store" means premises where the main
activity is the sale of intoxicating liquor, or of
products directly associated with the
consumption of intoxicating liquor, for con-
sumption or use off the premises;

"miniature" means a container containing ten
centilitres of alcohol or less.".

Repeal of s 21
15 Section 21, which relates to extension permits, is repealed.

Insertion of new s 21A in Act
16 The following new section is inserted in the Act next after section
21—

"Alfresco dining permit
21A (1) On the application of a licensed person who is the
holder of a Restaurant Licence, the licensing authority may grant
a permit ("an alfresco dining permit") authorizing him to sell
intoxicating liquor in an open-air area adjoining the licensed
premises that is designated in a sketched plan submitted with
the application.

(2) The designated area—

LIQUOR LICENCE AMENDMENT ACT 1998

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(a) may, but need not, be structurally connected
with the restaurant operated by the licence
holder; and

(b) may be located on land that is not owned or
leased by the licence holder.

(3) Where the designated area lies within the
boundaries of a municipality, the Corporation of that munici-
pality—

(a) shall be given a copy of the application by the
applicant;

(b) may consent or refuse consent to the application
without assigning any reason therefor; and

(c) may impose such conditions on the use of the
designated area as it considers appropriate, and
the licence holder shall comply with any
conditions imposed under this paragraph as if it
were a condition of his licence.

(4) The licensing authority shall refuse an application
under subsection (1) unless it is satisfied that the applicant has
complied with all relevant statutory provisions, including any
requirements imposed under the Development and Planning Act
1974, governing the proposed use of the designated area.

(5) Where an alfresco dining permit is granted under
subsection (1), the designated area shall be deemed for the
purposes of this Act to be included within the licensed premises
operated under the Restaurant Licence.".

Amendment of s 22
17 Section 22 is amended by deleting subsections (3) and (4) and
substituting the following subsections—

" (3) A single occasional licence may be granted so as to
relate to a number of disparate sub-events that are to be staged
in different places but as constituent parts of a centrally-
organized event.

(3A) A licence other than an occasional licence shall not
be granted where the proposed licensed premises are, or form
part of, a park listed in the First Schedule to the Bermuda
National Parks Act 1986.

(3B) Subsection (3A) does not apply in relation to a
licence that was in force immediately before the commencement

LIQUOR LICENCE AMENDMENT ACT 1998

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of the Liquor Licence Amendment Act 1998, or to the renewal or
transfer (whether or not subject to new conditions) of such a
licence.

(3C) An application under this section shall be made by
notice in writing to the chairman and a copy of the application
shall be served on the Commissioner of Police.

(3D) It shall be within the absolute discretion of the
chairman to refuse an application for an occasional licence
without assigning any reason therefor.

(3E) An occasional licence granted under this section
shall, at any time during the period of the function in respect of
which it is granted, forthwith be produced by the person who is
in charge of the sale of intoxicating liquor at the function for
examination by a police officer at his request, and if it is not so
produced, without reasonable excuse, the holder of the licence
and that person shall each be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding one
hundred dollars.".

Amendment of s 27
18 Section 27 is amended by deleting the words "or an extension
permit" in subsections (2) and (5).

Amendment of s 29
19 Section 29 is amended by deleting subsection (2).

Amendment of s 34
20 Section 34 is amended by deleting the words "or a Licence (A)"
from subsection (1).

Amendment of s 35
21 Section 35 is amended by deleting subsection (1) and
substituting the following subsections—

" (1) Subject to the exceptions set out in subsection (1A),
no licenced person shall employ in the licensed premises a
person who is under the age of eighteen years.

(1A) Subsection (1) does not prevent the employment of
a person who is under the age of eighteen years—

(a) in a grocery store as defined in section 18(1C)
except in that discrete and separate part of the
premises in which intoxicating liquor is sold;

LIQUOR LICENCE AMENDMENT ACT 1998

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(b) in premises licensed under a Hotel Licence or a
Restaurant Licence or aboard a tour boat in
respect of which a Tour Boat Licence has been
granted provided that his employment does not
involve any function related to the sale of
intoxicating liquor; or

(c) pursuant to a student occupational training
scheme approved by the Minister for the time
being responsible for labour and related
matters.".

Amendment of s 40
22 Section 40 is amended—

(a) by re-numbering the section as subsection (1) of the
section;

(b) by deleting the colon and everything in the subsection
(as re-numbered) following the colon and substituting a
full stop;

(c) by adding to the section the following subsections—

" (2) If the holder of a Licence (B) or a Night Club
Licence allows a person under the age of eighteen years
to be on the licensed premises at a time when
intoxicating liquor is on sale at those premises, he
commits an offence.

(3) Where the holder of a Licence (B) or a Night
Club Licence or his representative considers that a
young person in or seeking entry to the licensed
premises is under the age of eighteen years, he shall
require that young person to produce a photographic
identification as proof of age and, if the young person,
when so required, fails to produce satisfactory proof that
he has attained the age of eighteen years, the licensed
person or his representative shall refuse service and
require the young person to leave the licensed premises.

(4) Any young person who—

(a) fails to leave any licensed premises
when required to do so under
subsection (3); or

LIQUOR LICENCE AMENDMENT ACT 1998

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(b) produces any photographic identifi-
cation that has been altered or is
false,

is guilty of an offence and liable on summary conviction
to a fine not exceeding three hundred dollars.

(5) It shall be a defence for a person charged
with an offence under paragraph (f) of subsection (1) or
under subsection (2) to prove that he believed, and had
reasonable grounds to believe that the person under the
age of eighteen years was eighteen years of age or older.

(6) A person found guilty of an offence under
paragraph (f) of subsection (1) or subsection (2) shall be
liable on summary conviction to a fine not exceeding ten
thousand dollars.".

Amendment of s 42
23 Section 42 is amended by deleting from the section, at the end,
the words "above that age" and substituting the words "eighteen years of
age or older".

Insertion of new s 42A in Act
24 The following new section is inserted in the Act next after section
42—

"False evidence of age
42A Where a person found on licensed premises, on being
asked by a police officer or, for reasonable cause, by a licensed
person to produce evidence that he is eighteen years of age or
older, produces false evidence to the police officer or the licensed
person to that effect, he commits an offence and shall be liable
on summary conviction to a fine not exceeding five hundred
dollars.".

Repeal and replacement of s 50
25 Section 50 is repealed and the following section is substituted—

"Opening and closing of licensed premises
50 The holder of a licence is entitled to keep the licensed
premises open or closed for business throughout the permitted
hours on any day, or to keep them open or closed for business at
any time during those hours on any day, as he deems fit.".

LIQUOR LICENCE AMENDMENT ACT 1998

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Amendment of s 54
26 Section 54 is amended by deleting the word "Premier" from
subsection (1) and substituting the word "Minister".

Insertion of new s 56A in Act
27 The following new section is inserted in the Act next after section
56—

"Annual report
56A (1) The chairman shall as soon as may be after the end
of the licensing year make a report to the Minister on the work of
the licensing authorities during that year.

(2) Every such report—

(a) shall state the number of applications that were
made during that year for the grant of licences;

(b) shall contain a review of the objections or
complaints made during that year, whether
made under section 12 or otherwise, to any
licensing authority; and

(c) may contain such other information about, or
comments on, the work of the licensing
authorities during that year as the chairman
may think fit to include in the report.

(3) The Minister shall cause a copy of every report that
is made to him under subsection (1) to be laid before each House
of the Legislature within a reasonable time.

(4) The expression "the licensing year" in subsection (1)
means the year described in subsection (1) of section 16.".

Amendment of First Schedule
28 The First Schedule to the Act is amended—

(a) by deleting from paragraph 8 the words "or any
association of ex-servicemen or other organisation
approved by the Premier,";

(b) by deleting paragraphs 10 and 11.

Amendment of Second Schedule
29 The Second Schedule to the Act is amended by the addition of
the following—

LIQUOR LICENCE AMENDMENT ACT 1998

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"Tour Boat Licence:

where the boat is licensed under the Marine Board (Island Boats)
Regulations 1965—

to carry not more than 50 passengers $180.00

to carry not more than 100 passengers $300.00

to carry more than 100 passengers $360.00.".

Amendment of Third Schedule
30 The Third Schedule to the Act is repealed and the Schedule set
out below is substituted—

"THIRD SCHEDULE (Section 30)

PERMITTED HOURS

Class of Licence Weekdays Sundays/
Good Friday/

Christmas Day

Licence (A) 8:00 a.m.-9:00 p.m. None

Restricted Licence (A) 8:00 a.m.-10:00 p.m. None

Licence (B) 10:00 a.m.-10:00 p.m. None

Hotel Licence 9:00 a.m.-3:00 a.m. 9:00 a.m.- 3:00 a.m.

Restaurant Licence 9:00 a.m.-3:00 a.m. 9:00 a.m. - 3:00 a.m.

Night Club Licence Noon-3:00 a.m. Noon - 3:00 a.m.

Proprietary Club Licence 10:00 a.m.-1:00 a.m. Noon - 1:00 a.m.

Members' Club Licence All hours All hours

Tour Boat Licence All hours All hours

A reference in this Schedule to a time after midnight at which permitted
hours end is a reference to that time on the morning of the day following
the day on which the permitted hours commenced.".

LIQUOR LICENCE AMENDMENT ACT 1998

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Commencement
31 This Act comes into operation on such day as the Minister
responsible for Drug Prevention may appoint by notice published in the
Gazette.