Liquor Licence Amendment Act 2010
FA E R
N

AT F
TQUO U

BERMUDA

LIQUOR LICENCE AMENDMENT ACT 2010

2010 : 29

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:

Citation
This Act may be cited as the Liquor Licence Amendment Act 2010.

Amends section 1
Section 1(1) of the Liquor Licence Act 1974 (in this Act referred to as “the principal

Act”) is amended by inserting the following definition in its proper alphabetical position—

““premises” includes any place in respect of which a licence has been granted under
this Act for the provision and sale of intoxicating liquor;”.

Amends section 19
Section 19 of the principal Act is amended—

in subsection (1), by deleting paragraph (e) and substituting the following
paragraph—

the rules of the club make appropriate provisions for—

the orderly operation of the club and for admission of persons
to the privileges of membership;

“(e)

(i)

1

2

3

(a)

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LIQUOR LICENCE AMENDMENT ACT 2010

requiring members of staff of the club to refrain from permitting
a person who joins the club from using the facilities of the club
as a member, until 48 hours after obtaining membership;

a notice in writing to be given to new members, on admission
to membership, informing them that they are not permitted to
use the club’s facilities as members until 48 hours after
obtaining membership of the club; and

the notice under subparagraph (iii) to specify when the period
of 48 hours begins and when it expires; and”; and

(ii)

(iii)

(iv)

by numbering the proviso to subsection (6) as subsection (7); and

by inserting the following subsections next after subsection (7)—

The facilities of a members’ club shall not be extended to a new member
until 48 hours after the person obtains membership of the club.

Where a membership facility of a members’ club is extended to a
member within 48 hours of obtaining membership of the club, the new member to
whom the membership facility is extended and the person who extended the
membership facility each commit an offence and each of them is liable on summary
conviction to a fine not exceeding $300.

The president or the secretary of a members’ club or both of them shall
be deemed to be liable for any contravention of this Act by—

a servant or agent of a members’ club while acting in the course of
duty; or

any person acting on behalf of the club,

unless they can prove that they took reasonable care and attention to prevent the
contravention.”.

“(7A)

(7B)

(7C)

(a)

(b)

Inserts sections 39A and 39B
The principal Act is amended by inserting the following sections next after

section 39—

“Security on licensed premises with disc jockey, live band or live music after
10:00 p.m.

Within twelve months of the coming into operation of this Act, a
licensed person who engages the services of a disc jockey, or has a live band or live
music on the licensed premises to which the licence applies, after 10:00 p.m., shall
also engage the services of security guards for the purpose of maintaining security.

The ratio of the capacity of the licensed premises to the number of
security guards shall be—

39A (1)

(2)

(b)

(c)

4 (1)

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LIQUOR LICENCE AMENDMENT ACT 2010

for licensed premises with a capacity not exceeding 35 persons, at
least one security guard;

for licensed premises with a capacity exceeding 35 persons but not
exceeding 50 persons, at least two security guards; and

for licensed premises with a capacity exceeding 50 persons, at
least one security guard for every 50 persons.

The Minister may in consultation with the Commissioner of Police and
the Chief Fire Officer, by Order subject to the negative resolution procedure—

provide for the means by which the capacity of licensed premises
is determined; and

amend the ratio of the capacity of licensed premises to security
guards,

under subsection (2).

An Order made under subsection (3) may make different provisions for
indoor and outdoor licensed premises and different circumstances.

A licensed person who fails to comply with subsection (1) or (2),
commits an offence and is liable on summary conviction to a fine not exceeding
$3,000.

For the purposes of this section “capacity” means the maximum
number of persons a licensed premises is permitted by law to accommodate.

Training for managers, supervisors and persons in charge of bars
Within twelve months of the coming into operation of this Act, every

licensed person shall require every manager, supervisor or person in charge of a
bar from which alcohol is provided or sold for consumption on the licensed
premises, to be certified as having completed a training programme on responsible
alcohol sales and service, prescribed in regulations made under this Act.

A manager, supervisor or a person in charge of a bar from which
alcohol is provided or sold for consumption on the licensed premises shall—

while on duty, carry on his person his certificate as evidence that
he has been certified as having successfully completed the
programme referred to in subsection (1); and

produce his certificate for inspection at the request of any police
officer or other person having reasonable grounds to ask for it.

A licensed person who fails to comply with subsection (1) or a manager,
supervisor or a person in charge of a bar from which alcohol is provided or sold for
consumption on the licensed premises who fails to comply with subsection (2)
commits an offence and is liable on summary conviction, to a fine not exceeding
$3,000.”.

(a)

(b)

(c)

(3)

(a)

(b)

(4)

(5)

(6)

39B (1)

(2)

(a)

(b)

(3)

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LIQUOR LICENCE AMENDMENT ACT 2010

Amends section 40
Section 40(4) of the principal Act is repealed and replaced by the following

subsection—

Any person below the age of 18 who on being asked by a police officer
or, for reasonable cause, by a licensed person, to leave a licensed premises or
produce evidence that he is 18 years or older—

fails to leave the licensed premises; or

produces any photographic identification that has been altered or
is false,

commits an offence and is liable on summary conviction to a fine not exceeding
$500.”.

“(4)

(a)

(b)

Repeals section 42A
Section 42A of the principal Act is repealed.

Inserts section 51A
The principal Act is amended by inserting the following section next after section

51—

“Power of police to close licensed premises for a period not exceeding 24
hours

A police officer of the rank of superintendent or above, may, upon
reasonable belief that any serious disorder or threat to public safety has occurred,
is likely to occur or is reasonably expected to occur on a licensed premises or near
a licensed premises, order any licensed person, his servant or his agent carrying
on business at or near the licensed premises where such serious disorder or threat
to public safety has occurred, is likely to occur or is expected to occur, to close the
licensed premises and any place of business of the licensed person, his servant or
agent near the licensed premises, for a period not exceeding 24 hours, for the
preservation of public peace.

A licensed person, his servant or agent who contravenes subsection (1)
commits an offence and is liable on summary conviction to a fine not exceeding
$5,000. ”.

51A (1)

(2)

[Assent Date: 01 June 2010]

[Operative Date: 01 June 2010]

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