Intoxicating Liquor (Amendment) Act 2010

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IntoxicatingLiquor_Amendment_Bill2010v9


Act No. 44 of 2010




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INTOXICATING LIQUOR (AMENDMENT)
ACT 2010





Intoxicating Liquor (Amendment) Act 2010 Arrangement of Sections





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INTOXICATING LIQUOR (AMENDMENT) ACT 2010

Arrangement of Sections
Section

1 Short Title .................................................................................................... 5
2 Interpretation ................................................................................................ 5
3 Section 3 replaced ............................................................................................. 6
4 Amendment to Subtitles .............................................................................. 6
5 Section 4 replaced ............................................................................................. 6
6 Section 5 replaced ............................................................................................. 7
7 New Sections 5A, 5B and 5C ........................................................................... 8
8 Section 6 replaced ........................................................................................... 10
9 Section 7(2) amended .............................................................................. 11
10 Section 8 amended ................................................................................... 11
11 New section 8A ............................................................................................... 11
12 Section 9 replaced ........................................................................................... 12
13 Section 10 repealed .................................................................................. 12
14 Section 11 replaced ......................................................................................... 12
15 Section 12(1) amended ............................................................................ 13
16 Section 13 amended ................................................................................. 13
17 Section 14 amended ................................................................................. 13
18 Section 15 amended ................................................................................. 13
19 Section 16 replaced ......................................................................................... 13
20 Section 17 replaced ......................................................................................... 14
21 Section 18 amended ................................................................................. 14
22 Section 19 repealed .................................................................................. 14
23 Section 20 amended ................................................................................. 14
24 Section 21 replaced ......................................................................................... 14
25 Section 22 and 23 repealed ............................................................................. 15
26 Section 24 amended ................................................................................. 15
27 Section 25 and 27 repealed ............................................................................. 15
28 Section 26 amended ................................................................................. 15

Arrangement of Sections Intoxicating Liquor (Amendment) Act 2010





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29 Section 28 replaced ......................................................................................... 15
30 Section 29 replaced ......................................................................................... 16
31 Section 30 repealed .................................................................................. 16
32 Section 31 replaced ......................................................................................... 16
33 Section 32 to 43 repealed ......................................................................... 17
34 Section 44 amended ................................................................................. 17
35 Section 45 repealed .................................................................................. 17
36 Section 45A and 45B replaced .................................................................. 18
37 Sections 46 to 56 repealed ............................................................................... 18
38 Section 56A amended............................................................................... 18
39 Section 57 amended ................................................................................. 18
40 Section 58 amended ................................................................................. 19
41 Section 59 amended ................................................................................. 19
42 Section 60 amended ................................................................................. 19
43 Section 61 amended ................................................................................. 19
44 Section 62(2) amended ............................................................................. 19
45 Section 63 amended ................................................................................. 19
46 Section 65 amended ................................................................................. 20
47 Section 66 amended ................................................................................. 20
48 Section 67 amended ................................................................................. 20
49 Section 69 amended ................................................................................. 20
50 Section 71 amended ................................................................................. 20
51 Section 74 amended ................................................................................. 21
52 Section 75 amended ................................................................................. 21
53 Section 100 amended ............................................................................... 21
54 Section 101 amended ............................................................................... 21
55 Section 102 replaced ................................................................................ 22
56 Section 110 amended ............................................................................... 22
57 First Schedule Amended .......................................................................... 22
58 Second Schedule Amended ...................................................................... 23
59 Third Schedule amended .......................................................................... 23
60 Fourth Schedule repealed ................................................................................ 24
61 Seventh Schedule amended ............................................................................. 24


Intoxicating Liquor (Amendment) Act 2010 Section 1





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INTOXICATING LIQUOR (AMENDMENT) ACT 2010
Act No. 44 of 2010

AN ACT TO AMEND THE INTOXICATING LIQUOR ACT

I assent,
GEORGE TUPOU V,

1st October 2010.


BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom:

1 Short Title

(1) This Act may be cited as the Intoxicating Liquor (Amendment) Act 2010.

(2) The Intoxicating Liquor Act (Cap. 84) is in this Act referred to as the
Principal Act.

2 Interpretation

Section 2 of the Principal Act is amended by inserting he following new definition
where appropriate:



“Authority ” means the Liquor Licensing Authority appointed under this
Act;”

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3 Section 3 replaced

The Principal Act is amended by deleting section 3 and substituting it with the
following:



“3 Liquor Licensing Authority

(1) There shall be established under this Act the Liquor Licensing
Authority who shall be responsible for the administration of this
Act.

(2) The Minister shall, with the consent of Cabinet, appoint the
members of the Authority, and the members shall consist of the
following persons:

(a) Police Commissioner, who shall be the chairperson;

(b) a representative from the Ministry of Labour, Commerce
and Industries;

(c) a representative from the Ministry of Revenue;

(d) a representative from the Ministry of Health; and

(e) the secretariat shall be from Tonga Police.”.

4 Amendment to Subtitles

The Principal Act is amended by:

(a) deleting the subtitles, “PACKET LICENCES” and “APPLICATIONS”;

(b) deleting the subtitle “OCCASIONAL LICENCES”, and substituting it with
“SPECIAL EVENTS LICENCES”; and

(c) deleting the subtitle “PUBLICAN’S LICENCES” and substituting it with
“BAR LICENCES”.

5 Section 4 replaced

Section 4 of the Principal Act is amended by deleting he section and substituting it
with the following:



“4 Licence

(1) No person shall sell liquor in the Kingdom unless he has been
issued with any of the following licences under this Act –

(a) Wholesale Licence;
(b) Retail Bottle Store Licence;
(c) Club Licence;
(d) Special Events Licence;

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(e) Bar Licence;
(f) Restaurant Licence; or
(g) Night-Club Licence.

(2) The fees payable for a licence and related matters are those set
out in the First Schedule to this Act, and the Authority may, with
the consent of Cabinet, by Notice in the Gazette at any time
amend such fees.

(3) A licence issued under this Act shall be in the form set out in the
Second Schedule.

(4) The fee for a licence issued under this Act shall be paid to the
Authority or any other public office designated by the Authority.

(5) A licence issued under this Act shall be valid for a term not
exceeding twelve months, and may be renewed upon applic tion
under this Act.”.

6 Section 5 replaced

Section 5 of the Principal Act is amended by deleting he section and substituting it
with the following:



“5 Application for a licence

(1) An application for a licence under this Act shall be made in
writing to the Authority, in the form set out in the Third Schedule
to this Act, together with payment of the prescribed f e.

(2) In considering any application for a licence, the Authority shall
have regard to the:

(a) suitability of the applicant;

(b) extent to which liquor is already available in the area to
which the application applies;

(c) days on which and the hours during which the applicant
proposes to sell liquor;

(d) likely impact that the grant of the licence will have on the
health and social well being of the community;

(e) compliance with health, sanitary, fire and building
standards, including hygiene standards for food and drink
preparation, adequate toilet, urinal and wash-hand basin
facilities, fire fighting capacity, fire safety measures and
structural soundness of the building for its intendd use;

(f) desirability of limiting the number of licences to limit the
impact on the community of alcohol-related harm;

(g) views of persons directly affected by the application;

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(h) steps proposed to be taken by the applicant to ensure that
the requirements of this Act in relation to the sale of liquor
to prohibited persons are observed;

(i) steps proposed to be taken by the applicant to prevent acts
of violence and disorder on or in the immediate vicinity of
the proposed licensed premises;

(j) extent to which practices will be in place at the licensed
premises as soon as the licence is granted that ensure, as far
as reasonably practicable, that liquor is sold, supplied or
served responsibly on the premises and that all reasonable
steps are taken to prevent intoxication on the premis s, and
that those practices will remain in place;

(k) the applicant's proposals relating to—

(i) the sale and supply of non-alcoholic refreshments and
food; and

(ii) the sale and supply of low-alcohol beverages; and

(l) the provision of assistance with or information about
alternative forms of transport from the licensed premises.

(3) The Authority may, upon receipt of an application under
subsection (1), notify the public of the application and invite
submissions to be made within a reasonable period.

(4) The Authority shall provide the applicant any submission
received in relation to an application, and invite th applicant to
respond.

(5) Notwithstanding subsection (4), the Authority may convene a
public hearing to hear submissions regarding an application.”.

7 New Sections 5A, 5B and 5C

The Principal Act is amended by inserting immediately after section 5 the following
new sections:



“5A Issuing of licences

(1) The Authority may, after considering an application f r a licence
and any submission received by the Authority in relation to an
application:

(a) require the applicant to resubmit his application;

(b) grant a provisional licence, with conditions and for a
limited term;

(c) grant a licence with or without conditions; or

(d) refuse to grant a licence.

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(2) The conditions the Authority may impose on a licence under
subsections (1)(b) or (c) may include, but shall not be limited to
the following:

(a) the requirements that a licensee needs to implement before
being granted a licence under subsection (1)(c);

(b) the number of customers or patrons that can be served at a
licensed premises;

(c) the training staff are required to have;

(d) the level of noise that can be made from a licensed
premises; and

(e) the lighting for licensed premises, including car pks, for
safety of customers or patrons and their vehicles.

(3) A licensee may apply to the Authority to vary any conditions
imposed on his licence, and such application shall be considered
as if a new application.

(4) Any licensee who breaches a condition imposed under this
section commits a breach of the licence, and is therefore liable to
be dealt with under section 8A of this Act.



5B Transfer of licence

(1) A licensee may apply to the Authority to transfer his license to
another person.

(2) The Authority may grant the transfer if it accepts that the person
to whom the licence is being transferred is suitable to hold the
licence in accordance with this Act.

(3) A transfer of a licence shall be endorsed on the lic nce by the
Authority, after the prescribed fee is paid to the Authority.



5C Renewal of licences

(1) A licensee may apply to the Authority to renew a licence issued
under this Act, and such applications may be approved if they
satisfy the following conditions:

(a) submit a written application for renewal of a licen;

(b) the application is submitted to the Authority no later than
30 days before the expiry of the licence;

(c) the licensee provides written confirmation from the
Ministry of Revenue that he has no outstanding tax
obligations;

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(d) the licensee provides written confirmation from the
respective relevant authorities that the licensed premises
satisfies health, sanitary, fire safety and building standards;

(e) the licensee has not breached any of the provisions of this
Act;

(f) the renewal of the licence is consistent with the purposes
of this Act; and

(g) the prescribed fee for renewals has been paid.

(2) A licensee shall pay the prescribed late renewal fee for any
application for renewal, that has been submitted late, in
accordance with subsection (1)(b).”.

8 Section 6 replaced

Section 6 of the Principal Act is amended by deleting he section and substituting it
with the following new section:



“6 Functions and Powers of the Authority

(1) The Authority shall have the following functions:

(a) administer the provisions of this Act in the public interest,
particularly protection of the public from the dangers of
abuse of liquor;

(b) monitor the number, location and geographical distribu ion
of licences;

(c) monitor the importation, sale, manufacture and
consumption of liquor in the Kingdom;

(d) monitor the activities of the liquor sector in the Kingdom,
including the availability and advertising of liquor;

(e) review the operation of this Act, and recommend to
Cabinet any changes required; and

(f) any other functions that are consistent with the purposes of
this Act.

(2) The Authority shall have the following powers:

(a) issue a licence under this Act;

(b) impose conditions on licences issued under this Act;

(c) order the suspension, whether temporary or for a short
term, or revocation of a licence issued under this Act;

(d) renew a licence issued under this Act;

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(e) appoint authorised officers to a unit within the Tonga
Police to enforce the provisions of this Act;

(f) enter any premises authorised to sell liquor under this Act,
or is alleged to be selling liquor without a licenc;

(g) seize any liquor or evidence relevant to any commission
of an offence or investigation made under this Act;

(h) question any person in relation to any commission of an
offence under this Act;

(i) summon a licensee to be questioned in relation to
compliance with a licence issued under this Act; and

(j) any other powers that are consistent with the purposes of
this Act.

(3) The Authority may delegate in writing to any person a y of its
powers under this Act, except this power to delegat, nd any
action performed by such person receiving a written d legation
from the Authority shall be deemed to be an action by the
Authority, unless such delegation is revoked earlier in writing.”.

9 Section 7(2) amended

Section 7(2) of the Principal Act is amended by deleting the words “The Minister of
Police may with the consent of the Cabinet and”, and substituting them with “The
Authority may”.

10 Section 8 amended

Section 8 of the Principal Act is amended by deleting he words “Customs Officer of
the District in which the licensee carries on busine s”, and substituting them with
“Authority”.

11 New section 8A

The Principal Act is amended by inserting the following section immediately after
section 8 as follows:



“8A Suspension or revocation of licence for contravention of this Act

(1) The Authority may, at any time where a licence holder fails to
comply with the provisions of this Act order, that a licence be:

(a) suspended for a period not exceeding 6 months; or

(b) revoked.

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(2) Notwithstanding subsection (1), the Authority may order the
temporary suspension of a licence for a period not more than one
month in order to:

(a) carry out any investigation relating to any alleged breach
of a licence;

(b) stop a licensed premises from causing a nuisance to the
general public, and for the licensee to remedy the
situation; or

(c) any other reason which is consistent with the protection of
the general public from the dangers of abuse of liquor.”.

12 Section 9 replaced

Section 9 of the Principal Act is amended by deleting the section and replacing it
with the following:



“9 Wholesale licence

Subject to this Act, the Authority may issue a wholesale licence
authorising a licensee to sell and deliver liquor, on wholesale at or from
a specified building, for consumption off the premises.”.

13 Section 10 repealed

Section 10 of the Principal Act is repealed.

14 Section 11 replaced

Section 11 of the Principal Act is amended by deleting he section and replacing it
with the following:



“11 Retail bottle store

(1) For the purposes of this section, a “retail bottle store” means a
separate retail premises or room that sells only liquor and liquor
related products.

(2) Subject to this Act, the Authority may issue a retail bottle store
licence authorising a licensee to sell liquor from a retail bottle
store.

(3) Any liquor sold from a retail bottle store shall not be consumed
on or upon the licensed premises.”.

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15 Section 12(1) amended

Section 12(1) of the Principal Act is amended by:

(a) deleting the words “wholesale or bottle” and substituting them with
“wholesale or retail bottle store”;

(b) deleting “Minister of Police” and substituting it with “Authority”.

16 Section 13 amended

Section 13 of the Principal Act is amended by deleting he words “or bottle” and
substituting them with “or retail bottle store”.

17 Section 14 amended

Section 14 of the Principal Act is amended by:

(1) in subsection (1), deleting the words “or bottle” and substituting them with
“or retail bottle store”;

(2) in subsection (2),

(a) deleting the words “or bottle” and substituting it with “or retail bottle
store”; and

(b) deleting the words “to a fine not exceeding $40” and substituting it with
“upon conviction to a fine not exceeding $1,000”;

(3) in subsection (3), deleting the words “to a fine of $40" and substituting it with
“upon conviction to a fine not exceeding $500”.

18 Section 15 amended

Section 15 of the Principal Act is amended by:

(a) in subparagraph (c), deleting “Cabinet” and substituting it with “Authority”;
and

(b) deleting the words “shall be guilty of” and substituting it with “commits”.

19 Section 16 replaced

Section 16 of the Principal Act is amended by deleting the section and substituting it
with the following:



“16 Consumption on wholesale or retail bottle store premises

Any person who consumes or permits to be consumed any liquor in or
upon any licensed premises commits an offence.”

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20 Section 17 replaced

Section 17 of the Principal Act is amended by deleting the section and substituting it
with the following:



“17 Hours of sale by retail or wholesale

(1) No sale of liquor under a wholesale licence shall tke place
except between the hours of 8am and 6pm on Mondays to
Saturdays.

(2) No sale of liquor under a retail bottle store licen shall take
place except between the hours of 8am to 9pm on Mondays to
Saturdays.

(3) Any person who fails to comply with this section commits an
offence.”.

21 Section 18 amended

Section 18 of the Principal Act is amended by deleting the words “shall be guilty of”
and substituting them with the word “commits”.

22 Section 19 repealed

Section 19 of the Principal Act is repealed.

23 Section 20 amended

Section 20 of the Principal Act is amended by:

(1) in subsection (1),

(a) deleting the words “Collector of Customs may with the consent of the
Cabinet” and substituting it with “Authority may”; and

(b) deleting the words “for the period of one year”; and

(2) in subsection (2), deleting the words “Collector of Customs” and substituting
it with “Authority”.

24 Section 21 replaced

Section 21 of the Principal Act is amended by deleting the section and substituting it
with the following:







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“21 Club licence

(1) Subject to this Act, the Authority may issue a club icence to a
club registered under section 20, authorising the sal of liquor by
the club only to members of the club.

(2) Any liquor sold to a member of a club under subsection (1) shall
be consumed on the premises of the club.

(3) Any person who fails to comply with subsection (1) commits an
offence.”.

25 Section 22 and 23 repealed

Sections 22 and 23 of the Principal Act are repealed.

26 Section 24 amended

Section 24(2) of the Principal Act is amended by deleting “Cabinet” and substituting
it with “Authority”.

27 Section 25 and 27 repealed

Sections 25 and 27 of the Principal Act are repealed.

28 Section 26 amended

Section 26 of the Principal Act is amended by deleting the words “shall be guilty of”
and substituting them with the word “commits”.

29 Section 28 replaced

Section 28 of the Principal Act is amended by deleting he section and replacing it
with the following:



“28 Sale at special events

(1) Subject to this Act, the Authority may issue a special events
licence authorising the licensee to sell liquor at any place during
any special event which the Authority is satisfied that the sale of
liquor at such place during such event is reasonable nd justified,
and is not contrary to the purposes of this Act.

(2) Notwithstanding any other provisions under this Act, the
Authority may impose such conditions as it deems necessary for
the purposes of this Act, and such conditions shall inc ude but
not limited to the following:

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(a) the licence shall be valid for a period not exceeding 24
hours;

(b) the liquor shall be consumed within a specified areas;

(c) the container used to serve the liquor for consumption;

(d) the number of persons allowed to be served liquor; and

(e) the level of security required to be provided by the
licensee to ensure public order.

(3) An application for a licence authorising the sale under sub-
section (1) shall be made no later than 7 working days before the
date of the special event.”.

30 Section 29 replaced

Section 29 of the Principal Act is amended by deleting the section and substituting it
with the following:



“29 Bar licence

(1) For the purposes of this section a “bar” shall be a place where
liquor is sold or served to customers, and shall be located
separately from any area used as a restaurant or common area.

(2) Subject to this Act, the Authority may issue a bar licence
authorising the licensee to sell liquor from a bar to be consumed:

(a) at the bar;

(b) at a designated area within the proximity of the bar; or

(c) in a guest room in accommodation where the bar is
located.”.

31 Section 30 repealed

Section 30 of the Principal Act is repealed.

32 Section 31 replaced

Section 31 of the Principal Act is amended by deleting he section and replacing it
with the following:



“31 Permissible time for sale at a bar

(1) A licensee holding a bar licence shall sell liquor only during the
following times:

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(a) from Mondays to Fridays, between the hours of 10am and
12.30am; and

(b) on Saturdays, between the hours of 12pm and 11.30pm,

Provided that no liquor shall be sold under a bar licence on a
Sunday, Good Friday or Christmas Day, except if liquor is sold
to a guest of the accommodation where the bar is located, and
such liquor is sold between the hours of 12pm to 9pm,

And provided further that no patron of a bar shall remain on the
bar premises after 1am from Mondays to Fridays, or after 12am
on a Sunday.

(2) Any person who fails to comply with subsection (1) commits an
offence.”.

33 Section 32 to 43 repealed

Sections 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43 of the Principal Act are
repealed.

34 Section 44 amended

Section 44 of the Principal Act is amended by:

(a) in subsection (2), deleting the words “by ticket costing not less than $1 (not
including the price of any meal or snack or liquor)”;

(b) deleting subsection (3) and substituting it with the following:



“(3) The permitted hours under a restaurant licence shall be –

(a) from Mondays to Saturdays, between the hours of 11am
and 11pm; and

(b) on Sundays, between the hours of 11am and 9pm.”;



(c) deleting subsection (4) and substituting it with the following:


“(4) Any person who fails to comply with this section commits an
offence.”.

35 Section 45 repealed

Section 45 of the Principal Act is repealed.

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36 Section 45A and 45B replaced

Sections 45A and 45B of the Principal Act are deleted and replaced with the
following:



“45A Night-Club Licence

(1) Subject to this Act, the Authority may issue a night-club licence
authorising the licensee to sell liquor at a night-club for
consumption only on the premises of the night-club.

(2) A licensee authorised to sell liquor under subsection (1) may
only do so during the following times:

(a) from Mondays to Fridays between the hours of 8pm and
12.30am; and

(b) on Saturdays from the hours of 8pm and 11.30pm,

Provided that no sale or supply of liquor shall be permitted
between the hours of 11.30pm of the previous day and 12
midnight on any Sunday, Good Friday or Christmas Day,

And provided further that no patron of a night-club shall remain
on night-club premises after 1am from Mondays to Fridays, or
after 12am on a Sunday.

(3) Any person who fails to comply with sub-section (1) commits an
offence.”.

37 Sections 46 to 56 repealed

Sections 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56 of the Principal Act are
repealed.

38 Section 56A amended

Section 56A of the Principal Act is amended by:

(1) deleting the words “Minister of Police” and substituting it with “Authority”;
and

(2) deleting the word “Cabinet” wherever it appears in the section, and
substituting it with “ the Minister of Police”.

39 Section 57 amended

Section 57 of the Principal Act is amended by:

(a) deleting “$100” and substituting it with “$5,000”;

(b) deleting “6 months” and substituting it with “2 years”;

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(c) deleting “$1,000” and substituting it with “$10,000”; and

(d) deleting “2 years” and substituting it with “3 years”.

40 Section 58 amended

Section 58 of the Principal Act is amended by deleting “$40” and substituting it with
“$1,000”.

41 Section 59 amended

Section 59 of the Principal Act is amended by:

(a) deleting the word “publican’s”;

(b) in the English version only, deleting the word “holder” and substituting it with
“licensee”; and

(c) deleting “$10” and replacing it with “$1,000”.

42 Section 60 amended

Section 60 of the Principal Act is amended by deleting “$10” and replacing it with
“$500”.

43 Section 61 amended

Section 61 of the Principal Act is amended by:

(a) deleting “$20” and substituting it with “$500”;

(b) deleting “$100” and substituting it with “$5,000”; and

(c) deleting “12 months” and substituting it with “2 years”.

44 Section 62(2) amended

Section 62(2) of the Principal Act is amended by:

(a) deleting “$100” and substituting it with “$1,000”; and

(b) deleting “3” and substituting it with “6”.

45 Section 63 amended

Section 63 of the Principal Act is amended by:

(a) deleting “$20” and substituting it with “$1,000”; and

(b) deleting “$40” and substituting it with “$2,000”.

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46 Section 65 amended

Section 65 of the Principal Act is amended by deleting the section and substituting it
with the following:



“65 Under-aged persons

Any person who:

(a) knowingly sells or supplies or allows to be sold or supplied, to
any person under the age of 18 years, any liquor at any licensed
premises for consumption therein;

(b) is under the age of 18 years who purchases or attempts to
purchase any liquor at any licensed premises for his own
consumption therein;

(c) knowingly sends a person under the age of 18 years to any
licensed premises for the purpose of purchasing liquor; or

(d) allows any person who is under the age of 18 to be at any bar or
night-club;

commits an offence, and shall be liable upon conviction to a fine not
exceeding $1,000.”.

47 Section 66 amended

Section 66 of the Principal Act is amended by deleting “$10” and replacing it with
“$500”, and deleting “$40” and substituting it with “$1,000”.

48 Section 67 amended

Section 67 of the Principal Act is amended by deleting:

(a) “$40” and substituting it with “$1,000”; and

(b) “Minister of Police” and substituting it with “Authority”.

49 Section 69 amended

Section 69 of the Principal Act is amended by deleting “$20” and replacing it with
“$200”.

50 Section 71 amended

Section 71 of the Principal Act is amended by deleting “Cabinet” and substituting it
with “Authority”.

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51 Section 74 amended

Section 74 of the Principal Act is amended by deleting he words “to a fine not
exceeding for the first offence $20, and not exceeding for the second or any
subsequent offence $100” and substituting it with “upon conviction to a fine not
exceeding $5,000 or to imprisonment for a period not exceeding 2 years”.

52 Section 75 amended

Section 75 of the Principal Act is amended by:

(a) deleting the words “to be imprisoned for any period not exceeding 6 months
or to pay a fine not exceeding $200, or to both such imprisonment and fine”,
and substituting it with “upon conviction to a fine ot exceeding $10,000 or to
a period of imprisonment not exceeding 10 years, or both”; and

(b) deleting the words “for every such offence be liable to a fine not exceeding
$200” and substituting it with “be liable upon conviction to a fine not
exceeding $5,000, or to a period of imprisonment not exceeding 2 years”.

53 Section 100 amended

Section 100 of the Principal Act is amended by:

(a) in the marginal note, deleting the word “Publican’s” and substituting it with
“Licensee’s”;

(b) deleting the word “publican’s”;

(c) deleting the word “of such publican”;

(d) deleting “$20” and substituting it with “$500”;

(e) deleting “2” and substituting it with “6”; and

(f) deleting “licensed publican” and substituting it wih “licensee”.

54 Section 101 amended

Section 101 of the Principal Act is amended by:

(a) deleting the word “publican’s”;

(b) deleting the word “publican” and substituting it with “licensee”;

(c) deleting “$10” and substituting it with “$500”; and

(d) deleting the word “one” and substituting it with “three”.

Section 55 Intoxicating Liquor (Amendment) Act 2010





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55 Section 102 replaced

Section 102 of the Principal Act is amended by deleting the section and substituting
it with the following:



“102 General penalty

Any licensee who is convicted of an offence under this Act may also be
liable to be ordered by the Court to be disqualified from holding a
licence under this Act for any period or permanently, and may also be
subject to a prohibition order under this Act.”.

56 Section 110 amended

Section 110 of the Principal Act is amended by:

(a) in subsection (1), deleting the word “Cabinet” and substituting it with
“Minister, with the consent of Cabinet,”; and

(b) in subsection (2), deleting the words “not exceeding the sum of $20” and
substituting it with “ of a fine not exceeding $500, or a period of
imprisonment not exceeding 6 months”.

57 First Schedule Amended

The First Schedule of the Principal Act is amended by deleting the Schedule and
substituting it with the following:


“FIRST SCHEDULE

(Section 4(2))


LICENCE FEES


Wholesale Licence $5,000.00
Retail Bottle Store Licence $2,000.00
Club Licence $3,000.00
Special Events Licence $250.00
Bar Licence $2,000.00
Restaurant Licence $1,250.00
Night Club Licence $3,000.00
Transfer of any Licence $150.00
Duplicate of Lost Licence $100.00
Late Renewal Fee $500.00”

Intoxicating Liquor (Amendment) Act 2010 Section 58





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Act No. 44 of 2010 Page 23




58 Second Schedule Amended

The Second Schedule of the Principal Act is amended by eleting the Schedule and
substituting it with the following:


“SECOND SCHEDULE

(Section 4(3))


FORM OF LICENCE


Licence is hereby granted to .......................... of ....................................
to sell liquor on or from a:

(a) Wholesale;

(b) Retail Bottle Store;

(c) Club;

(d) Special Event;

(e) Bar;

(f) Restaurant;

(g) Night-club;

This Licence applies only to the premises situated t
..................................................

and at present occupied by ………………………………………... , and will
expire on the ……….. day of ………………………………..…..., 20..
……….

CONDITIONS:

Given under my hand this ………… day of ……………………. , 20 ..........

Fee paid: $ :




………………………………………..

Liquor Licensing Authority

59 Third Schedule amended

The Third Schedule of the Principal Act is amended by deleting the Schedule and
replacing it with the following:









Section 60 Intoxicating Liquor (Amendment) Act 2010





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“THIRD SCHEDULE
(Section 5(1))


FORM OF APPLICATION FOR A LICENCE


I, ................................... of ................................ do hereby give notice that I
desire to obtain and do apply for a certificate recommending the issue of a
licence to sell liquor in a ................................................... for the premises
situated at ............................................... and to be known as
...................................................

Submitted in support of this application are the following documents:
(List of Supporting Documents)



DATED this day of 20


..................................
Applicant”

60 Fourth Schedule repealed

The Fourth Schedule of the Principal Act is repealed.

61 Seventh Schedule amended

The Seventh Schedule is amended by deleting the word and number “and 29”.







Passed by the Legislative Assembly on this 22nd day of September 2010.

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