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Licensing Rules


Published: 1962-01-01

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I ASSENT Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary 1961.12.28
Subsidiary Legislation made under s. 51.


LICENSING RULES

(LN. 1961.12.28)
Commencement 1.1.1962

Amending
enactments
Relevant current
provisions
Commencement
date
1989/035 Part VII 1.10.1989
1991/200 rr. 2, 9(7)(8), 10A (2), 11, 20, 29
(3)(5) and 30 (3)
31.10.1991
1991/214 rr. 28(4), 33 and 34 21.11.1991
1998/092 Sch. 2 22.10.1998
2015/014 rr. 9(1) & (1A) 5.2.2015


_____________________


ARRANGEMENT OF RULES.

Rules.

1. Title.
2. General penalty.

PART I.–INTOXICATING LIQUOR LICENCES.

3. Appointment of licensing authority.
4. Application for licence.
5. Form of licence.
6. Revoked.
7. Standard of measure.
8. Revoked.
9. Permitted hours.
10. Restrictions on residence and employment on licensed premises.
10A. Power to exclude drunkards from licensed premises.

PART II.–LICENSED BROKERS AND AUCTIONEERS.

11. Application by brokers.
12. Declaration by brokers.
Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary
1961.12.28 13. Scope of broker’s business.
14. Broker’s fees.
15. Broker’s books.
16. Financial and Development Secretary to have right to inspect book.
17. Broker’s book to be available far inspection for three months after
expiration of the licence.
18. Scale of charges by auctioneers.

PART III.–LICENSED TOBACCONISTS.

19-22. Revoked.

PART IV.–EATING HOUSES.

23-27. Revoked.

PART V.–PORTERS.

28. Porters to be licensed.
29. Licensed porters to wear badges.
30. Licensed porter to produce licence.
31. Offence for unauthorized person to wear porter’s badge.
32. Licensed porters shall Carry scale of charges.
33. Load to be carried not to exceed 150 lbs.
34. Charges for porterage.

PART VI.–BAKERS AND BAKEHOUSES.

35. Bakers to be licensed.
36. Premises to be licensed.
37. Bread to be sold by weight.
38. Certain loaves to be of fixed weight.
39. Weights to be of Imperial Standards.
40. Penalty for having unwholesome ingredients.
41. Premises and floor may be inspected.
42. Liability of unlicensed baker.

PART VII.–LICENSED GUIDES.

43-50. Revoked.

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary 1961.12.28
Title.

1. These rules may be cited as the Licensing Rules.

General penalty.

2. A person who commits an offence against any of the requirements of
these rules is, where no special penalty is provided therefor, liable on
summary conviction to a fine at level 3 on the standard scale.

PART I.–INTOXICATING LIQUOR LICENCES.

Appointment of licensing authority.

3.(1) The magistrates’ court is hereby appointed to be the licensing
authority–

(a) for the grant of intoxicating liquor licences under Part II of the
Act, other than the following licences–

manufacturers’ licences
wholesale wine merchants’ licences
full wine merchants’ licences
beer merchants’ licences
grocers’ wine licences
travellers’ wine licences
occasional licences.

(b) for the grant of transfers of intoxicating liquor licences under
Part IV of the Act, other than transfers of the licences
mentioned in paragraph (a).

(2) The magistrates’ court shall exercise all the powers conferred upon the
Financial and Development Secretary by section 35 of the Act.

Application for licence.

4.(1) All applications for any kind of licence to sell or manufacture
intoxicating liquor shall be submitted to the licensing authority in the
following form:–

To the Licensing Authority,

Gibraltar.

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary
1961.12.28 I/We hereby apply for the grant to me/us of a licence for a period of months ending the day of 20 , for which
purpose the following is a true
statement of the several particulars required to be contained in )is my/our
application:–

Full name of applicant

Name under which business is or is to be carried on

Business premises for which licence is applied for

* The room in the premises from which intoxicating liquor is to be sold is
as follows :–

(Brief description of whereabout of room in the premises).

Residence of applicant

Full particulars of any share, interest or part in the business or proposed
business held or to be held during the period of the licence by any person
other than the applicant or applicants

Witness my/our hand at Gibraltar this day of ,
20 .

Signed.

* To be completed in the case of an application for a tavern licence.

(2) Any wilful or negligent misstatement in any application shall be an
offence against these rules.

Application for provisional licence.

4A.(1) Where any person has not yet procured from the Financial and
Development Secretary a certificate of the fitness of the premises under the
provisions of section 11 of the Act, he may apply to the licensing authority
for a provisional licence.

(2) An application for a provisional licence shall be in the form of an
application for a licence under rule 4 but there shall be endorsed thereon the
following “This is an application for a provisional licence”.

(3) An application for a provisional licence shall be treated by the
licensing authority as an application for a licence.

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary 1961.12.28 (4) Where the licensing authority has received an application for a
provisional licence it shall, if it would have been granted a licence under
rule 4 but the fact that there is no certificate of fitness of the premises,
inform the applicant in writing, which writing shall be in such form as the
authority may deem appropriate and shall be a provisional licence for the
purpose of this rule, that subject to the provisions of subrule (5) it will grant
a licence.

(5) Where the licensing authority has granted a provisional licence it
shall on production of a certificate of fitness from the Financial and
Development Secretary and unless facts have come to the notice of the
authority since the granting of the provisional licence which would justify it
in refusing a licence, grant a licence to the applicant.

Form of licence.

5. Every licence to sell or manufacture intoxicating liquor shall be in the
following form–

GOVERNMENT OF GIBRALTAR

Treasury

No.

Gibraltar, , 20 .

is hereby licensed to

in the premises now occupied by him at

* between the hours of and

† In the following room of the said premises–

(set out description of room)

Fee paid £........ Licensing Authority.

Note. There shall not be sold or exposed for sale in any room
licensed for the sale of intoxicating liquor–

(a) any absinthe; or

(b) any brand manufactured in Gibraltar, the strength of which
exceeds 30 degrees under the strength of proof by Sykes’
hydrometer.
Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary
1961.12.28 * Delete if licence is to manufacture intoxicating liquor.

† Delete unless licence is a tavern licence.

6. Revoked

Standards of measure.

7. Except in the case of liquor imported from and bottled outside Gibraltar
no measure that is of the standard of the gallon shall be used in the
measurements of any intoxicating liquor exposed or offered for sale.

8. Revoked.

Permitted hours.

9.(1) Subject to subrule (1A), the permitted hours for the opening of the
premises of the holder of a wholesale wine merchant’s licence, full wine
merchant’s licence, beer merchant’s licence or grocer’s wine licence, shall
be from 8am to 9pm on all days.

(1A) The permitted hours for the opening of the premises of the holder of
a full wine merchant’s licence that operates as a supermarket, shall be from
8am to 10pm on all days if authorised to do so by the licensing authority.

(2) Subject to the provisions of subrules (3), (4A), (5), (6), (7), (7A), (8)
and (9) the following shill be the permitted hours for the opening of a tavern
or a beer shop

(a) for the sale of intoxicating liquor–

(i) for consumption on the premises from 6 a. m. to 12 p.m.
on all days other than Friday: and Saturdays and from 6
a.m. on Fridays and Saturdays to 1 a.m. on Saturdays and
Sundays;

(ii) for consumption off the premises from 8 a.m. to 9 p.m.
on all days;

(b) for the sale or consumption of any substance, other than
intoxicating liquor, which substance such tavern or beer shop is
by law permitted to sell, the same hums as for the sale of
intoxicating liquor for consumption on the premises.

(3) Notwithstanding the provisions of sub rule (2), intoxicating liquor
may be sold in a tavern or beershop between such other hours on Christmas
Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary 1961.12.28 Day, New Year’s Day or any other specific occasion as the Commissioner
of Police may authorize in writing.

(4) In granting any authorization under the provisions of sub-rule (3) the
Commissioner of Police may impose such conditions as he may think fit.

(4A) The licensing authority may, in its discretion, in relation to any room
subject to any permitted hours under the provisions of this rule on being
satisfied–

(a) that no substantial interference with the reasonable comforts
and amenities of persons resident in the neighbourhood of such
premises is likely to occur as a result of the grant of an
extension of such permitted hours under this subrule; and

(b) that such room, or a substantial part thereof, is structurally
adapted and bona tide used or intended to be used for the sale
or supply to persons taking table meals in the room of
substantial refreshment to which the sale and supply of
intoxicating liquor is ancillary,

grant an extension of the permitted hours, subject to such conditions as it
may see fit to impose, either during the currency of the licence of such
room, or for such period as it may deem proper, from 1 a.m. to 2 a.m., on
Saturdays and Sundays and from 12 p.m. to 1 a.m. on all other days:

Provided always that intoxicating liquor shall not be sold or supplied in
such rooms during such extended hours otherwise than to persons taking
table meals in such room and for consumption by such a person as ancillary
to his meal.

In this subrule “table meal” means a meal eaten by a person seated at a
table, or at a counter or other structure which serves the purposes of a table
and is not used for the service of refreshments for consumption by persons
wit seated at a table or structure serving the purpose of a able.

(5) The licensing authority may, in its discretion, iv relation to any room
subject to any permitted hours under the provisions of this rule, on being
satisfied–

(a) that no substantial interference with the reasonable comforts
and amenities of persons resident in the neighbourhood of the
promises in which such room is situated is likely to occur as a
result of the grant of an extension of such permitted hours
under this subrule; and

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary
1961.12.28 (b) that such room or a substantial part thereof, is structurally adapted and bona fide used or intended to be used for the
purpose of dancing, to which the sale and supply of
intoxicating liquor is ancillary,

grant an extension of the permitted hours either during the currency of the
licence of such room, or for such periods as it may deem proper, in respect
of the room from 12 p.m. to 4 a.m. on any day of the week;

Provided that where the room is part of the premises in respect of which an
hotel licence has been granted an extension may be granted in respect of all
rooms in such premises in respect of all rooms in such premises in respect
of which a licence has been granted notwithstanding that dancing does not
take place in all such rooms.

(6) Notwithstanding anything contained elsewhere in this rule an hotel,
tavern or beershop may remain open for thirty minutes after the permitted
hours for the sale of intoxicating liquor during permitted hours to consume
such liquor and such period shall be deemed to be the hours permitted by
the licence for the purpose of rule 10. Nothing in this subrule shall permit
the sale of intoxicating liquor during such period.

(7) The sale of intoxicating liquor in the room certified by the Minister
for Tourism to be the gaming room of the Gibraltar Casino shall be
permitted for consumption in that room at an y time when gaming is taking
place in that room.

(7A) If an extension has been granted under provisions of subrule (4A) or
(5) in respect of any room in the Gibraltar Casino, intoxicating liquor may
be sold in all rooms in such casino in respect of which a licence to sell
intoxicating liquor has been issued during the hours for which such
extension has been granted notwithstanding that table meals are not served
or that dancing does not take place in such rooms.

(8) Notwithstanding anything contained elsewhere in this rule the
Minister for Tourism may, if he considers it expedient in consequence of the
arrival or departure of aircraft at the civil air terminal to permit by notice in
writing any licensed premises at such terminal to remain open for the sale of
intoxicating liquor for such period outside the hours permitted by the
licence as may be specified in the notice and such period shall be deemed to
be the hours permitted by the licence for the purpose of rule 10.

(9) Where immediately before the coming into force of these Rules
there was in force in respect of any licenced premises an extension granted
because such premises were habitually used as a restaurant, such extension
shall continue in force for the period for which it was granted until it is
revoked by the licensing authority.
Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary 1961.12.28
Restrictions on residence and employment on licensed premises.

10. No holder of any licence under this part shall –

(a) permit any person, except anyone lawfully lodging therein or
the family or servants of the licensee, to remain on the licensed
premises except during the hours permitted by his licence; or

(b) employ any person under the age of sixteen years in any bar or
in serving or assisting to serve intoxicating liquors.

Power to exclude drunkards from licenced premises.

10A.(1) Without prejudice to any other right to refuse a person
admission to premises or to expel a person from premises, the holder of a
licence for an hotel, a tavern or beershop may refuse to admit to, or may
expel from, the licensed premises any person who is drunken, violent,
quarrelsome or disorderly, or whose presence in the licensed premises
would subject the licence holder to a penalty under these rules or section
265 of the Criminal Offences Act.

(2) A person liable to be expelled from licensed premises under this
rule, who, when required by the holder of the licence of his agent or servant
or any police officer to leave the premises, fails to do so, is guilty of an
offence and is liable on summary conviction to a fine at level 1 on the
standard scale.

(3) Any police officer shall, on the demand of the holder of a licence for
a tavern or beershop or his agent or servant, help to expel from the licensed
premises any person liable to be expelled from them under this rule, and
may use such force as may be required for the purpose.

PART II.–LICENSED BROKERS AND AUCTIONEERS.

Application by broker.

11. Every person applying to be licensed as a broker shall produce a
certificate signed by six merchants who shall be residents of Gibraltar
stating that he is a fit and proper person to act as a broker.

Declaration by broker.

12. Every person licensed as a broker shall make a declaration in the
following form:–

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary
1961.12.28 I, , do declare that I will truly and faithfully exercise and perform the office and employment of a broker between party and party,
in all things appertaining to the duty of such office and employment,
without fraud or collusion, to the best of my skill and knowledge, and in
accordance with the rules for licensed brokers made under the Licensing and
Fees Act.

Scope of broker’s business.

13. No licensed broker shall transact any commercial business whatever on
his own account, either directly or indirectly, by order or consignment, or by
buying or selling goods for his own benefit or shall make any profit further
than is hereinafter authorised in buying or selling goods for others but shall
confine himself to acting simply as a broker between party and party.

Broker’s fees.

14.(1) The fee payable to a licensed broker in respect of his services shall
be charged according to the following scale and no licensed broker shall
receive any sum in excess of the fee prescribed for in such scale,–

(a) on charter parties and the sale of vessels – 2 per cent on first
£500 and 1 per cent thereafter;

(b) on letting houses – 2½ per cent;

(c) on discount bills –½ per cent ;

(d) on negotiating bills – 2 per mil;

(e) on transferring mortgages –½ per cent ;

(f) on any other transaction – 1 per cent.

(2) The whole fee payable to a licensed broker in respect of a
transaction shall be paid by the person by whom he has been employed.

Broker’s books.

15. Every licensed broker shall keep a broker’s book in which he shall enter
daily all contracts which he shall make each day. Such entry shall specify
the names of the parties interested in such contracts and, in a cow where a
bought and sold note is made, an exact copy thereof shall be made in such
books.

Financial and Development Secretary to have right to inspect book.

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary 1961.12.28 16. Every licensed broker shall produce his broker’s book for inspection and
examination by the Financial and Development Secretary at any time that
the Financial and Development Secretary may demand the same.

Broker’s book to be available for inspection for three months after
expiration of the licence.

17. Any person who has been licensed as a broker and whose licence has
not been renewed or who has not taken out a new licence shall be required
to keep his broker’s book and produce the same to the Financial and
Development Secretary for inspection and examination by the Financial and
Development Secretary at any time that the same may be demanded by the
Financial and Development Secretary within three months of the expiration
of the licence.

Scale of charges by auctioneers.
18. The following is the maximum rate of remuneration which an auctioneer
shall be entitled to charge or receive by way of remuneration for his services
as auctioneer:–

For the sale of immovable property :–

when the amount realized does not exceed
£500 2 per cent.
When the amount realized exceeds £500 2 per cent on the first £500
and 1 per cent thereafter.
For the sale of livestock 5 per cent.
For the sale of general goods 5 per cent on the first £500,
then 2½ per cent from £500
to £1,000 and 1 per cent
thereafter:

Provided that–

(a) when the sale is subject to a reserve and such price is not
attained the auctioneer may charge a commission not
exceeding a sum calculated on the reserve price at half the rate
hereinbefore provided for the class of property or goods to be
sold;

(b) the foregoing amounts shall constitute the full and sole charges
of such person for and upon such sales at auction.

PART III.–LICENSED TOBACCONISTS.

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary
1961.12.28 19-22. Revoked.

PART IV.–EATING HOUSES.

23-27. Revoked.

PART V.–PORTERS.

Porters to be licensed.

28.(1) Every person employed or offering himself for hire, to embark from
or land upon the wharf any provisions, goods, wares or merchandise
whatever (unless he be a mariner belonging to the vessel or boat from or to
which any of such articles are being or have been removed), and any person
employed or offering himself for hire, to house merchants’ goods, or to
carry from house to house, or from place to place, any provisions, unless he
be a market-boy, or any goods, wares or merchandise whatsoever, shall be
deemed to be a porter, and shall be licensed as such.

(2) Porters’ licences may be made subject to such conditions governing
the conduct of porters and the area in which they may exercise their calling
as the licensing authority may think fit.

(3) The licensing authority may cancel a porter’s licence upon
conviction for any offence under these rules or upon breach of any condition
of such licence or if the licensing authority considers the porter unsuitable to
be a porter.

(4) The Gibraltar Tourism Agency is hereby appointed to be the
Licensing Authority in respect of porters and shall exercise all the powers
conferred upon the Financial and Development Secretary by section 35 of
the Act in respect thereof.

Licensed porters to wear badges.

29.(1) Every licensed porter shall, while exercising his calling as such,
wear on the left upper arm in such a position as to be entirely visible, a
badge, hereinafter in this Part referred to as a porter’s badge.

(2) Porter’s badges shall be distinguished from each other in such
manner as the licensing authority may direct according to the area for which
the porters are licensed.

(3) Porter’s badges shall be and remain the property of the Government
and shall be issued by the licensing authority upon payment of a deposit of
£1.

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary 1961.12.28 (4) The deposit paid for the issue of a porter’s badge shall be forfeited–

(a) if the badge is not returned to the licensing authority in good
condition, fair wear and tear excepted, within seven days of the
expiry of the licence in respect of which the badge was issued,
unless such licence has been renewed; or

(b) the badge is lost or damaged.

(5) The licensing authority, or any police or revenue officer, may at any
time demand that a porter’s badge which has become illegible or been
defaced shall be renewed, and in such case, unless it appears to the licensing
authority that the badge has become illegible or defaced by fair wear and
tear only, the licensee shall be required to pay a further £1 deposit in respect
of such replacement.

Licensed porter to produce licence.

30.(1) Every licensed porter shall produce his licence when required to do
so by a police officer or a revenue officer.

(2) Every licence issued by the licensing authority shall bear endorsed
thereon the number of the badge issued.

(3) A licensed porter who wears a porter’s badge other than that
recorded on his licence or who fails to produce his licence when required to
do so by a police officer or a revenue officer is guilt y of an offence and is
liable on summary conviction to a fine at level 1 on the standard scale.

Offence for unauthorized person to wear porter’s badge.
31. An unauthorized person who wears a porter’s badge is guilty of an
offence against these rules, and for a second or any subsequent offence
shall, in addition to any penalty that may be imposed, be disqualified for
holding a porter’s licence for a period not exceeding six months.

Licensed porters shall carry scale of charges.
32. Every licensed porter shall, while exercising his calling as such, carry
with him in a form approved by the licensing authority a printed copy of the
prescribed scale of charges and shall produce such printed copy when
required by any person who may engage his services or when required by a
police officer or revenue officer so to do.

Load to be carried not to exceed 150 lbs.
33. Revoked.
Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary
1961.12.28
Charges for porterage.

34. Revoked.

PART VI.–BAKERS AND BAKEHOUSES.

Bakers to be licensed.
35. Every person making bread of ground wheat, or other grain for sale,
whether by himself or another, shall be deemed to be a baker, and shall be
licensed as such.

Premises to be licensed.
36. No licensed baker shall make or bake bread in any premises not licensed
for the purpose.

Bread to be sold by weight.

37.(1) All bread sold in Gibraltar shall be sold by bakers or sellers of bread
respectively by weight :

Provided that nothing in these rules contained shall extend or be construed
to extend to prevent or hinder any such baker or seller of bread from selling
bread usually sold under the denomination of French or fancy bread without
previously weighing the same.

(2) Bakers or sellers of bread shall use avoirdupois weight of sixteen
ounces to the pound, and the several graduations of the same for any less
quantity than a pound.

(3) Every baker or seller of bread shall cause to be fixed in some
conspicuous part of his shop on or near the counter a beam and scales with
proper weights, or other sufficient weighing instrument in order that all
bread there sold may at the time of sale be weighed, whether required by the
purchaser or not, in the presence of the purchaser, except as aforesaid.

(4) Every baker or seller of bread and every journeyman, servant or
other person employed by such baker or seller of bread who shall convey or
carry out bread for sale shall be provided with and shall constantly carry a
beam and scales with proper weights or other sufficient weighing instrument
in order that all bread sold by any such baker or seller of bread, or by his
journeyman, servant or other person may at the time of sale be weighed,
whether required by the purchaser or not, in the presence of the purchaser,
except as aforesaid.

Licensing and Fees LICENSING RULES

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-29 Subsidiary 1961.12.28 Certain loaves to be of fixed weight.

38. English loaves (Restas), Coburg loaves (Coronas) and Moorish loaves
(Molletas) shall not be sold or offered for sale in Gibraltar except in loaves
of 14 ounces or 28 ounces.

Weights to be of imperial Standards.

39. No licensed baker shall use, or suffer to be used, in the weighing or
selling of bread or flour, any weight or measures that are not of the Imperial
Standards.

Penalty for having unwholesome ingredients.

40. No licensed baker shall sell or offer for sale or have in his licensed
premises any bread containing unwholesome ingredients, or made of
unwholesome flour, nor shall have in his house or premises any
unwholesome ingredients or mixtures or unwholesome flour, which may be
used for the purpose of making or being mixed with bread.

Premises and flour may be inspected.

41. No licensed baker or person in his employ shall refuse to permit the
Superintendent of the Markets, or any police officer or revenue officer from
entering the licensed premises and examining and ascertaining the quality of
his flour, and the weight of his bread, or offer any obstruction to any such
officer in carrying out such duty.

Liability of unlicensed baker.

42. A person, other than a licensed baker, who sells bread in any premises,
is liable to the same penalties in the cases of short weight or bad quality as if
he were a licensed baker.

PART VII.–LICENSED GUIDES.



43 - 50.Revoked

_________________