Alcoholic Drink Act
2008 Revised Edition
CAP. 28.04
ALCOHOLIC DRINK ACT
Alcoholic Drink Act CAP. 28.04 Arrangement of Sections
2008 Revised Edition
Page 3
ALCOHOLIC DRINK ACT
Arrangement of Sections
Section
PART I - PRELIMINARY 9
1 Short title................................................................................................................ 9
2 Interpretation.......................................................................................................... 9
3 Exemptions .......................................................................................................... 11
4 Managers.............................................................................................................. 12
PART II - ADMINISTRATION 12
5 Alcoholic Drink (Licensing) Committee ............................................................. 12
6 Functions of Committee....................................................................................... 13
7 Meetings of Committee ....................................................................................... 13
8 Procedure at meetings .......................................................................................... 14
9 Delegation to Committee ..................................................................................... 14
10 Appeals ................................................................................................................ 15
11 Policy directions by Minister ............................................................................... 15
PART III - LICENCES, ETC. 15
DIVISION 1 - GENERAL 15
12 Classes of licences ............................................................................................... 15
13 Period of licences................................................................................................. 16
14 Licence fees ......................................................................................................... 16
15 Form of licences................................................................................................... 17
16 Conditions of licence ........................................................................................... 17
17 Disqualification of licensees, managers etc. ........................................................ 17
18 Cancellation, suspension, etc., of licences ........................................................... 18
19 Surrender of licences............................................................................................ 18
DIVISION 2 - OFF-LICENCES 18
20 Effect of off-licence ............................................................................................. 18
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21 Sale, etc., of alcoholic drinks in open containers .................................................19
22 Drinking on or near licensed premises .................................................................19
DIVISION 3 - HOTEL-KEEPERS’ LICENCES 19
23 Requirements of hotel-keeper’s licences..............................................................19
24 Effect of hotel-keeper’s licence............................................................................20
25 Closing of bars .....................................................................................................20
26 Closing of facilities ..............................................................................................20
27 Restricted hotel-keeper’s licences ........................................................................21
28 Exhibition of name of licensee.............................................................................21
DIVISION 4 - PUBLICANS’ LICENCES 21
29 Effect of publicans’ licences ................................................................................21
30 Young persons on licenced premises ...................................................................22
31 Closing of bars .....................................................................................................22
32 Closing of facilities ..............................................................................................23
33 Restricted publicans’ licences ..............................................................................23
34 Exhibition of name of licensee.............................................................................23
DIVISION 5 - CLUB LICENCES 24
35 Requirements of club licences..............................................................................24
36 Effect of club licence............................................................................................24
37 Cancellation, etc., of club licences .......................................................................24
38 Illegal sales in clubs .............................................................................................25
39 Alcoholic drink in unlicensed clubs .....................................................................25
DIVISION 6 - RESTAURANT LICENCES 25
40 Interpretation of Division 6 ..................................................................................25
41 Purpose of Division 6...........................................................................................26
42 Requirements of restaurant licences.....................................................................26
43 Effect of restaurant licence...................................................................................26
44 Cancellation, etc., of licences...............................................................................26
45 Offences in respect of restaurant licences ............................................................26
DIVISION 7 - SHIPS’ LICENCES 27
46 Grant of ship’s licence..........................................................................................27
47 Effect of ships’ licence.........................................................................................27
48 Exempt vessels .....................................................................................................27
DIVISION 8 - AIRCRAFT LICENCES 27
49 Grant of aircraft licence........................................................................................27
50 Effect of aircraft licence .......................................................................................27
51 Exempt aircraft .....................................................................................................28
52 Offences in respect of aircraft licences ................................................................28
DIVISION 9 - OCCASIONAL LICENCES 28
53 Grant of occasional licence ..................................................................................28
Alcoholic Drink Act CAP. 28.04 Arrangement of Sections
2008 Revised Edition
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54 Application for occasional licence....................................................................... 28
55 Conditions etc., of occasional licence.................................................................. 28
56 Effect of occasional licence ................................................................................. 29
57 Offence in respect of occasional licences ............................................................ 29
DIVISION 10 - EXTENDED HOURS 29
58 Permit for extended hours.................................................................................... 29
DIVISION 11 - PROVISIONAL LICENCES, TRANSFERS OF LICENCES
AND TEMPORARY AUTHORITIES TO CARRY ON BUSINESS 30
59 Provisional licences ............................................................................................. 30
60 Transfers of licences ............................................................................................ 31
61 Temporary authorities.......................................................................................... 32
PART IV - LICENSING PROCEDURES 32
DIVISION 1 - PRELIMINARY 32
62 Application of Part IV.......................................................................................... 32
63 Interpretation of Part IV....................................................................................... 33
DIVISION 2 - APPLICATIONS 33
64 Notice of application............................................................................................ 33
65 Applications generally ......................................................................................... 33
66 Applications in respect of club licences............................................................... 34
67 Applications in respect of separate parts of the same premises ........................... 35
68 Additional information ........................................................................................ 35
DIVISION 3 - CONSIDERATION OF APPLICATIONS 35
69 Public hearings..................................................................................................... 35
70 Objectors.............................................................................................................. 35
71 Objections ............................................................................................................ 36
72 Effect of objection ............................................................................................... 37
73 Consideration of applications .............................................................................. 37
DIVISION 4 - GRANT OF LICENCES 38
74 Duty of Licensing Committee.............................................................................. 38
75 Method of grant ................................................................................................... 38
PART V - SOUR TODDY PRODUCERS’ LICENCES 39
76 Grant, etc., of sour toddy producer’s licence ....................................................... 39
77 Period of licence .................................................................................................. 39
78 Effect of licence ................................................................................................... 39
79 Cancellation, etc., of licences .............................................................................. 39
80 Procedures............................................................................................................ 40
81 Offences in connection with sour toddy producers’ licences............................... 40
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PART VI - PROHIBITION ORDERS 40
82 Prohibition Orders ................................................................................................40
83 Notice of prohibition order...................................................................................41
84 Drinking, etc, by prohibited person......................................................................41
85 Supplying alcoholic drink to prohibited person ...................................................42
86 Prohibited persons on certain premises ................................................................42
87 Forfeiture of alcoholic drink in possession of prohibited person .........................43
88 Evidence of knowledge of prohibition .................................................................43
89 Appeals against prohibition orders etc. ................................................................43
PART VII - DISTILLATION 43
90 Prohibition of distillation of spirits ......................................................................43
91 Search for illicit spirits, etc. .................................................................................44
PART VIII - OFFENCES GENERALLY 44
92 Selling alcoholic drink without licence ................................................................44
93 Sale etc outside permitted hours...........................................................................45
94 Unauthorised alcoholic drink on licensed premises .............................................45
95 Non-compliance with licence...............................................................................45
96 Sale outside licensed premises .............................................................................46
97 Failure to produce licence ....................................................................................46
98 Drunkenness, etc., on licensed premises ..............................................................46
99 Persons under age.................................................................................................46
100 Police officers on duty..........................................................................................47
101 Drinking within curtilage of licensed premises....................................................47
102 Outside sellers ......................................................................................................48
103 Alcoholic drink in shops, etc................................................................................48
104 Unauthorised signs ...............................................................................................48
105 Possession of weapons etc....................................................................................48
106 Making alcoholic drink ........................................................................................49
107 Mixtures of sour toddy .........................................................................................49
108 Liability of licensees for acts of agents and servants ...........................................49
109 Cancellation of licence on certain convictions.....................................................50
110 Advice of conviction ............................................................................................50
111 Limitation of actions ............................................................................................50
112 Jurisdiction of island courts..................................................................................50
PART IX - MISCELLANEOUS 51
113 Period of grace after closing time.........................................................................51
114 Limitation on number of licences.........................................................................51
115 Ministerial closure orders.....................................................................................52
116 Closure due to riot, etc. ........................................................................................52
117 Failure to obey closure order................................................................................52
118 Prohibited areas ....................................................................................................53
119 Local government bye-laws concerning drinking in public places ......................53
Alcoholic Drink Act CAP. 28.04 Arrangement of Sections
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120 Right to exclude from licensed premises ............................................................. 53
121 Proof of age.......................................................................................................... 53
122 Search warrants.................................................................................................... 54
123 Power of entry...................................................................................................... 54
124 Seizure of alcoholic drink, generally ................................................................... 54
125 Evidence............................................................................................................... 55
126 Proceedings for price of alcoholic drink sold ...................................................... 55
127 Regulations .......................................................................................................... 55
SCHEDULE 56
FEES 56
Supporting Documents
ENDNOTES 57
Alcoholic Drink Act CAP. 28.04 Section 1
2008 Revised Edition
Page 9
ALCOHOLIC DRINK ACT
AN ACT RELATING TO ALCOHOLIC DRINKS1
Commencement [1 January 1985]
PART I - PRELIMINARY
1 Short title
This Act may be cited as the Alcoholic Drink Act.
2 Interpretation
In this Act —
“alcoholic drink” means —
(a) spirits, wine, beer or sour toddy; or
(b) any other liquid containing alcohol that is used, intended for use or fit
for use as a drink,
of a strength exceeding 2° proof;
“annual meeting” means the meeting of the Licensing Committee referred to
in section 7(1);
“bar” means a counter over which alcoholic drinks are served, and includes
any store-room or storage facilities attached to it or used in connexion with it;
“beer” means —
(a) ale, stout, porter, cider, perry, spruce beer, black beer or any other kind
of beer; and
Section 2 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 10
(b) any liquid made or sold as beer, or as a substitute for beer within the
meaning of paragraph (a),
of a strength exceeding 2° proof;
“the Chairman” means the Chairman of the Licensing Committee;
“the Committee” means the Licensing Committee;
“the curtilage”, in relation to any licensed premises, means any building or
part of a building of which the licensed premises, as defined in the licence,
form part of any land on which the licensed premises are situated, and which
is used with or in connexion with those premises;
“grant”, in appropriate cases, includes renewal;
“licence” means a licence granted under Part III or V as set out in Section 12,
but does not include a provisional licence under Section 59;
“licensed premises” means any premises or place in respect of which a
licence is in force (including any premises or place in respect of which a
provisional licence under Section 59 is in force);
“licensee” means the holder of a licence;
“licensing authority” means —
(a) in relation to a licence other than an occasional licence or a sour toddy
producer’s licence - the Licensing Committee; and
(b) in relation to an occasional licence - the Chairman; and
(c) in relation to a sour toddy producer’s licence the Kaupule in whose area
of authority the business in respect of which the licence, is, or is to be,
granted is, or is to be, carried on;
“the Licensing Committee” means the Alcoholic Drink (Licensing)
Committee established by Section 5;
“magistrate” includes an island magistrate;
“prohibited person” means a person in respect of whom a prohibition order
is in force;
“prohibition order” means an order made under Section 82, and includes an
order under Section 84(4) extending the period of such an order;
“qualified person” means a natural person who —
(a) is a fit and proper person —
(i) to hold a licence of the relevant class; or
(ii) to be the manager of the licensed premises concerned; and
(b) is not a person to whom Section 17(1) applies, and
(c) is not disqualified under Section 92;
Alcoholic Drink Act CAP. 28.04 Section 3
2008 Revised Edition
Page 11
“sour toddy” means any alcoholic drink produced by the fermentation of the
sap from the incised spathe of the coconut palm, of a strength exceeding 2°
proof.
3 Exemptions
(1) Notwithstanding any provision of this Act —
(a) subject to Subsection (2), the holder of a licence, or a member of the
household of a licensee, may at any time supply (except by way of sale)
any alcoholic drink to be drunk on the licensed premises, or within the
curtilage of the licensed premises, by private friends bona fide
entertained by him; and
(b) subject to Subsection (2), persons referred to in paragraph (a) may
drink any alcoholic drink supplied in accordance with that paragraph;
and
(c) subject to Subsection (2), the holder of a licence, or a member of the
household of a licensee, may be in possession of or drink any alcoholic
drink on the licensed premises or within the curtilage of the licensed
premises; and
(d) a minister of religion may give wine to any person (including a
prohibited person) in conformity with any recognized religious rite; and
(e) a person (including a prohibited person) may drink wine given in
accordance with paragraph (d); and
(f) subject to any other law, alcoholic drink, or a medicine containing
alcohol, may be sold or supplied to any person (including a prohibited
person) in accordance with a written prescription by a medical
practitioner or medical officer; and
(g) a person (including a prohibited person) may drink, in accordance with
the prescription, any alcoholic drink, or medicine containing alcohol,
sold or supplied to him in accordance with paragraph (f).
(2) Subsection (1)(a), (b) and (c) does not apply to —
(a) the supply of any alcoholic drink to a prohibited person; or
(b) the drinking of any alcoholic drink by a prohibited person,
and the provisions of Section 25 and 31 also apply.
(3) A licence is not required to allow an auctioneer to possess, sell or supply, any
alcoholic drink in the course of his business as an auctioneer —
(a) on behalf of —
(i) the Government; or
(ii) with the consent of the Chairman, a person authorized by law to
be in possession of the alcoholic drink concerned; or
Section 4 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 12
(b) under an order of a court.
(4) The regulations made under Section 127 may provide for further exemptions
from or relaxations of any provision of this Act.
4 Managers
(1) Where in this Act a function is conferred on the holder of a licence in relation
to the management of the licensed premises, then, unless the context requires
otherwise —
(a) that function is equally conferred on the manager and any other person
for the time being in charge of the licensed premises or a part of the
licensed premises; and
(b) a reference to the holder of a licence shall be read as including, in
respect of the licensed premises or the part of the licensed premises for
which he is responsible, the manager and the person in charge.
(2) It is a defence to a charge, by virtue of Subsection (1), against a manager or
person in charge if he proves that he took all reasonable action, within the
limits of the authority vested in him and the resources made available, to him,
to perform the function in relation to which the charge is made.
(3) If the manager of any licensed premises is changed, the holder of the licence
shall immediately notify the licensing authority and surrender the licence for
the insertion of the name of the new manager.
(4) If the holder of a licence fails to comply with Subsection (3) he is guilty of an
offence, and is liable to a fine of $100 and $10 for every day for which the
failure continues.
PART II - ADMINISTRATION
5 Alcoholic Drink (Licensing) Committee
(1) There shall be an Alcoholic Drink (Licensing) Committee for Tuvalu.
(2) The Licensing Committee shall consist of —
(a) a Chairman; and
(b) the Commissioner of Police; and
(c) the Senior Medical Officer; and
(d) such number of other members as is determined by the Minister.
(3) The Chairman and the members referred to in Subsection (2)(d) shall be
appointed by the Minister, by notice.
Alcoholic Drink Act CAP. 28.04 Section 6
2008 Revised Edition
Page 13
(4) A member of the Licensing Committee (other than an ex officio member)
holds office until —
(a) his death; or
(b) subject to Subsection (5), he submits his resignation, in writing, to the
Minister; or
(c) his appointment is revoked under Subsection (6).
(5) A resignation under Subsection (4)(b) takes effect on the day after the day on
which it is received by the Minister, or on such other day as is agreed by the
member and the Minister.
(6) The Minister may, by notice, at any time revoke the appointment of a member
of the Licensing Committee, with or without cause.
6 Functions of Committee
(1) Subject to Subsection (2), the Licensing Committee —
(a) shall consider and determine all applications —
(i) for the grant, renewal or transfer of a licence; and
(ii) for the removal of a licence; and
(b) may, in accordance with Section 17 —
(i) cancel or suspend a licence; or
(ii) vary the conditions of a licence; or
(iii) substitute conditions in a licence; or
(iv) add new conditions to a licence.
(2) Subsection (1) does not apply to or in relation to —
(a) an occasional licence; or
(b) a sour toddy producer’s licence.
(3) The Licensing Committee has such other functions as are prescribed for or
under this Act.
7 Meetings of Committee
(1) The Licensing Committee shall hold an annual meeting in November of each
year.
(2) The Licensing Committee shall meet at such other time, and at such places,
as —
(a) subject to paragraphs (b) and (c) – the Chairman; or
(b) subject to paragraph (c) – the Committee; or
(c) the Minister,
Section 8 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 14
decides.
(3) The Chairman shall give at least one month’s notice of the time, day and place
appointed for the annual meeting of the Licensing Committee —
(a) over Radio Tuvalu; or
(b) in the Tuvalu Echoes or in any other publication circulating in Tuvalu;
and
(c) by such other means (if any) as he thinks desirable to bring the meeting
to the notice of interested persons.
(4) The Chairman shall also give at least five days’ written notice of the time, day
and place appointed for any meeting —
(a) to the Commissioner of Police in his capacity as such; and
(b) to each person who to his knowledge is interested in the subject-matters
of the meeting.
8 Procedure at meetings
(1) The Chairman shall preside at any meeting of the Licensing Committee at
which he is present, and in his absence a member appointed by the members
present shall preside.
(2) The quorum for a meeting of the Licensing Committee is not less than one-
half of the number of members (including ex officio members).
(3) All questions before a meeting of the Licensing Committee shall be
determined in accordance with the votes of the majority of the members
present and voting, and in the event of an equality of votes on a matter the
Chairman has a casting, as well as a deliberative, vote.
(4) The Licensing Committee shall cause minutes of its meetings to be kept, and
shall, as soon as practicable after each meeting, forward a copy to the
Secretary to Government.
(5) Subject to this Act (and in particular to Part IV), the procedures of the
Licensing Committee are as determined by it.
9 Delegation to Committee
(1) With the approval of the Minister, the Licensing Committee may, in writing,
delegate to the Chairman all or any of its functions under this Act.
(2) A delegation under Subsection (1) may relate to —
(a) the whole of Tuvalu; or
(b) the part of Tuvalu specified in the delegation,
and to —
Alcoholic Drink Act CAP. 28.04 Section 10
2008 Revised Edition
Page 15
(c) all licences, permits and applications; or
(d) a particular licence, permit or application; or
(e) a class of licences, permits or applications,
and may be made subject to conditions or restrictions.
(3) A delegation under this section is revocable, in writing, at will, and no such
delegation prevents the performance of a function by the Licensing
Committee.
10 Appeals
(1) A person aggrieved by a decision of a licensing authority may appeal to the
Minister, whose decision is final.
(2) In this section —
“decision” includes a policy formulated under Section 114(4);
“licensing authority” includes the Chairman acting under a delegation under
Section 9.
11 Policy directions by Minister
The Minister may, by notice, give to licensing authorities policy directions as to the
administration of this Act.
PART III - LICENCES, ETC.
DIVISION 1 - GENERAL
12 Classes of licences
(1) Subject to Subsection (4), there are the following classes of licences: —
(a) off-licences (more particularly dealt with in Division 2);
(b) hotel-keepers’ licences (more particularly dealt with in Division 3);
(c) publicans’ licences (more particularly dealt with in Division 4);
(d) club licences (more particularly dealt with in Division 5);
(e) restaurant licences (more particularly dealt with in Division 6);
(f) ships’ licences (more particularly dealt with in Division 7);
(g) aircraft licences (more particularly dealt with in Division 8);
(h) occasional licences (more particularly dealt with in Division 9);
(i) sour toddy producers’ licences (more particularly dealt with in Part V);
Section 13 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 16
(2) Subject to Subsection (3), a licence (other than a sour toddy producer’s
licence) may authorize the sale of alcoholic drinks generally or the sale of
beer and sour toddy only.
(3) The only licences that authorize the sale of sour toddy are —
(a) hotel-keepers’ licences; and
(b) publicans’ licences’; and
(c) sour toddy producers’ licences.
(4) Notwithstanding Subsection (1), for the purposes of this Act —
(a) a licence to sell and supply alcoholic drinks generally is a licence of a
different class from a similar licence to sell and supply beer and sour
toddy only; and
(b) a hotel-keeper’s licence that is restricted under Section 27 is a licence
of a different class from a hotel-keeper’s licence that is not so
restricted; and
(c) a publican’s licence that is restricted under Section 33 is a licence of a
different class from a publican’s licence that is not so restricted.
13 Period of licences
(1) Subject to Subsections (2) and (3), a licence other than an occasional licence
remains in force, unless earlier cancelled or suspended under Section 18 or
109, or surrendered under Section 19, for the period of 12 months
commencing on 1 January in the year after the year in which it is granted.
(2) Subject to Subsection (3), if a licence other than an occasional licence is
granted before the annual meeting of the Licensing Committee during the year
in which it is granted, it remains in force, unless earlier cancelled, suspended
or surrendered, until 31 December in the year in which it is granted.
(3) With the consent of the applicant, a licence other than an occasional licence
may be expressed to terminate on a date before the date on which it would
regularly terminate under Subsection (1) or (2).
(4) An occasional licence remains in force as provided for by Section 56.
(5) A sour toddy producer’s licence remains in force as provided for by Section
77.
14 Licence fees
(1) Subject to Subsection (2), the fees payable in respect of the matters listed in
the Schedule are as specified in the Schedule.
(2) Where in accordance with Section 13(2) or (3) a licence is granted for a
period of less than 12 months, the fee payable for the licence is 1/50th of the
Alcoholic Drink Act CAP. 28.04 Section 15
2008 Revised Edition
Page 17
fee otherwise payable, for each week or part of a week of the period of the
licence.
(3) The Minister may, by order, amend the Schedule.
(4) A local government council may by resolution amend the fee for a sour toddy
producer’s licence specified in Part II of the Schedule but such an amended
fee shall only have effect in respect of sour toddy producer’s licences issued
for the area of authority of that local government council:
Provided that such an amended fee shall only come into effect when the
Minister by notice approves such resolution and that notice is published at the
office of the council.
15 Form of licences
A licence shall be in a form approved by the Minister for the purpose.
16 Conditions of licence
A licence is subject to —
(a) the provisions of this Act; and
(b) any special conditions determined by the Licensing Committee and set
out in the licence.
17 Disqualification of licensees, managers etc.
(1) The following persons are disqualified from holding a licence or managing
licensed premises: —
(a) a person who is under the age of 21 years, except in the case of a sour
toddy producer’s licence where the equivalent age is 18 years;
(b) a prohibited person;
(c) a person who —
(i) is in prison; or
(ii) is certified to be insane or otherwise adjudged to be of unsound
mind under any law of Tuvalu; or
(iii) has been adjudged or otherwise declared bankrupt under the law
of any part of the Commonwealth and has not been discharged;
or
(iv) is unable for any reason to properly supervise the licensed
premises;
(d) a person who is disqualified under Section 92.
(2) Only a natural person may hold a licence.
Section 18 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 18
18 Cancellation, suspension, etc., of licences
(1) The licensing authority may —
(a) cancel a licence; or
(b) suspend a licence for such period as it thinks proper; or
(c) vary the conditions of a licence; or
(d) substitute conditions in a licence; or
(e) add new conditions to a licence,
if it is satisfied that —
(f) the licensee has ceased to be a qualified person; or
(g) the licensee has been convicted of an offence against this Act; or
(h) a condition of the licence has been contravened or not complied with;
or
(i) the licensee has permitted, or has not taken all reasonable steps to
prevent or to stop, the commission of an offence against this Act on or
in relation to the licensed premises; or
(j) any circumstances exist that would justify the refusal of the licence, or
its being granted on different conditions, if it were then being applied
for by the licensee.
(2) The provisions of this section are in addition to the provisions of Section 109.
19 Surrender of licences
(1) The holder of a licence may, by written notice addressed to the Chairman,
surrender the licence.
(2) The surrender of a licence takes effect —
(a) on the date of its receipt by the Chairman; or
(b) on a date specified in the notice for the purpose,
whichever is the later date.
DIVISION 2 - OFF-LICENCES
20 Effect of off-licence
Subject to the conditions of the licence, an off-licence authorizes the sale of
alcoholic drinks in unopened containers by the holder of the licence and his agents
and servants —
(a) by wholesale or by retail, as specified in the licence; and
(b) between the hours of 8 a.m. and 6 p.m. on any day other than a Sunday
or a public holiday.
Alcoholic Drink Act CAP. 28.04 Section 21
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21 Sale, etc., of alcoholic drinks in open containers
The holder of an off-licence who stores, sells, exposes or offers for sale or delivers
any alcoholic drink otherwise than in an unopened container is guilty of an offence,
and is liable to a fine of $200.
22 Drinking on or near licensed premises
(1) Subject to Subsection (3), a person who drinks any alcoholic drink on or in
the vicinity of any premises in respect of which an off-licence is in force is
guilty of an offence, and is liable to a fine of $200.
(2) The holder of an off-licence who permits any alcoholic drink to be drunk on
or in the vicinity of the licensed premises is guilty of an offence, and is liable
to a fine of $200.
(3) Subsections (1) and (2) do not apply to the drinking of alcoholic drinks in a
private dwelling-house, or within the curtilage of a private dwelling-house, if
the dwelling-house is not, and is not part of, the licensed premises.
DIVISION 3 - HOTEL-KEEPERS’ LICENCES
23 Requirements of hotel-keeper’s licences
(1) A hotel-keeper’s licence may be granted only in respect of premises that —
(a) contain, in addition to any accommodation for the licensee, members of
the staff, and their respective households, at least —
(i) four bedrooms constantly ready and suitably furnished, and fit
for public accommodation; and
(ii) at least one room, suitably furnished, in which drinks may be
served or drunk at tables; and
(iii) at least one dining room at which breakfast, lunch and dinner are
made reasonably available to bona fide lodgers and their guests;
and
(b) are furnished and equipped in such a way, and supplied with such
facilities, as are reasonably required for the accommodation of the
public (especially the travelling public).
(2) In a particular licence the Licensing Committee may specify in more detail
the application of Subsection (1), and may include additional requirements.
(3) It is a condition of a hotel-keeper’s licence that, throughout the period of the
licence —
(a) the requirements of, and requirements made under, Subsections (1) and
(2) will be complied with; and
Section 24 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 20
(b) the accommodation and facilities required by or under those
subsections will (subject to the needs of current lodgers) be made
reasonably available to would-be lodgers (especially travellers); and
(c) the accommodation and facilities will be maintained in a suitable and
clean condition.
24 Effect of hotel-keeper’s licence
Subject to the conditions of the licence, a hotel-keeper’s licence authorizes the sale
and supply of alcoholic drinks by the holder of the licence and his agents and
servants —
(a) between 11 a.m. and 3 p.m. and between 6.30 p.m. and 10 p.m., and
during any extended hours under Section 58 - to any person of or over
the age of 18 years, for drinking on the licensed premises; and
(b) between 11 a.m. and 3 p.m., and between 6.30 p.m. and 10 p.m. - in
unopened containers, for drinking off the premises; and
(c) at any other time to bona fide lodgers and their guests for drinking
otherwise than at a bar.
25 Closing of bars
Except for necessary purposes of maintenance, cleaning-up, restocking, stock-taking
and similar activities concerned with the management of the premises, any bar on
the premises in respect of which a hotel-keeper’s licence is in force shall be kept
securely locked at all times other than those referred to in Section 24(a), but this
section does not prevent the unlocking of a bar in order to supply bona fide lodgers
and their guests.
26 Closing of facilities
(1) Subject to Subsection (2), the holder of a hotel-keeper’s licence may, after
giving not less than 48 hours notice —
(a) to members of the public - over Radio Tuvalu and by signs prominently
displayed both outside and inside the licensed premises; and
(b) to the Chairman - in writing,
prohibit or restrict access to the licensed premises, for the purpose of any
official, private or special function or entertainment, a religious service or a
meeting of any kind.
(2) In any case of urgency, the Chairman may —
(a) reduce the period of notice; or
(b) waive the requirement of notice over Radio Tuvalu; or
Alcoholic Drink Act CAP. 28.04 Section 27
2008 Revised Edition
Page 21
(c) exempt the licensee from the need to give notice to the public.
(3) Nothing in this section applies to the accommodation of bona fide lodgers, or
prevents their having reasonable access to the facilities normally available to
them.
27 Restricted hotel-keeper’s licences
(1) If an applicant for a hotel-keeper’s licence so requests, the Licensing
Committee may exclude from the licence the right to supply alcoholic drinks
to persons other than bona fide lodgers and their guests.
(2) The power of the Licensing Committee under Section 18(1) —
(a) to vary the conditions of a licence; or
(b) to substitute conditions in a licence; or
(c) to add new conditions to a licence,
extends to making the exclusion referred to in Subsection (1).
28 Exhibition of name of licensee
(1) The holder of a hotel-keeper’s licence shall keep painted on the front of his
licensed premises, in letters at least two inches high, his full name,
followed —
(a) in the case of a licence to sell alcoholic drinks generally - by the words
“licensed to retail alcoholic drinks generally”; and
(b) in the case of a licence to sell beer and sour toddy only - by the words
“licensed to retail beer and sour toddy only.”
(2) If the licence is restricted under Section 27(1) or (2), the words prescribed by
Subsection (1)(a) or (b) of this section shall be followed by the words “to
bona fide lodgers and their guests only.”
DIVISION 4 - PUBLICANS’ LICENCES
29 Effect of publicans’ licences
Subject to the conditions of the licence, a publican’s licence authorizes the sale and
supply of alcoholic drinks by the holder of the licence and his agents and servants —
(a) between 11 a.m. and 3 p.m., and between 6.30 p.m. and 10 p.m. and
during any extended hours under Section 58 - to any person of or over
the age of 18 years, for drinking on the licensed premises; and
(b) between 11 a.m. and 3 p.m. and between 6.30 p.m. and 10 p.m. - in
unopened containers, for drinking off the premises.
Section 30 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 22
30 Young persons on licenced premises
(1) Subject to this Section, the holder of a publican’s licence who allows a person
under the age of 18 years to be in, or within the curtilage of, his licensed
premises during the hours referred to in Section 29(a) is guilty of an offence,
and is liable to a fine of $200 and to imprisonment for six months.
(2) Subject to this section, any person who causes or procures, or attempts to
cause or procure, any person under the age of 18 years to be in, or within the
curtilage of, any premises the subject of a publican’s licence during the hours
referred to in Section 29(a) is guilty of an offence, and is liable to a fine of
$200 and to imprisonment for six months.
(3) Where it is shown that a person under the age of 18 years was in, or within the
curtilage of, any premises the subject of a publican’s licence during the hours
referred to in Section 29(a), the licensee shall be deemed to have allowed the
person to be there unless he proves that —
(a) he used due diligence to prevent the person from so being in, or within
the curtilage of, the licensed premises; or
(b) the person had apparently attained the age of 18 years and he had no
reason to doubt that he had.
(4) The holder of a publican’s licence may request any person entering his
licensed premises, or who is in, or within the curtilage of, his licensed
premises, to produce evidence of his age, and if the person does not satisfy the
licensee that he has attained the age of 18 years the licensee or a police officer
may expel the person from the premises.
(5) No offence under this section is committed if the person under the age of 18
years —
(a) is the child of the licensee; or
(b) resides in, or is lawfully staying in, the premises; or
(c) is in the company of a parent or other ancestor, or of a guardian; or
(d) in the case of a married person, is in the company of his or her spouse.
(6) In this section —
“licensed premises” means any premises —
(a) in respect of which a publican’s licence is in force; and
(b) which are used exclusively or mainly for the sale of liquor.
31 Closing of bars
Except for necessary purposes of maintenance, cleaning-up, re-stocking, stock-
taking and similar activities connected with the management of the premises, any
bar on the premises in respect of which a publican’s licence is in force shall be kept
securely locked at all times other than those referred to in Section 29(a).
Alcoholic Drink Act CAP. 28.04 Section 32
2008 Revised Edition
Page 23
32 Closing of facilities
(1) Subject to Subsection (2), the holder of a publican’s licence may, after giving
not less than 48 hours’ notice —
(a) to members of the public - over Radio Tuvalu and by signs prominently
displayed both inside and outside the licensed premises; and
(b) to the Chairman, in writing,
prohibit or restrict access to the licensed premises, for the purpose of any
official, private or special function or entertainment, a religious service or a
meeting of any kind.
(2) In any case of urgency, the Chairman may —
(a) reduce the period of notice; or
(b) waive the requirement of notice over Radio Tuvalu; or
(c) exempt the licensee from the need to give notice to the public.
33 Restricted publicans’ licences
The power of the Licensing Committee under Section 18(1) —
(a) to vary the conditions of a licence; or
(b) to substitute conditions in a licence; or
(c) to add new conditions to a licence,
extends to the exclusion from the licence of the right to supply alcoholic drinks for
drinking off the premises.
34 Exhibition of name of licensee
(1) The holder of a publican’s licence shall keep painted on the front of his
licensed premises, in letters at least two inches high, his full name,
followed —
(a) in the case of a licence to sell alcoholic drinks generally - by the words
“licensed to retail alcoholic drinks generally”; and
(b) in the case of a licence to sell beer and sour toddy only - by the words
“licensed to retail beer and sour toddy only.”
(2) If the licence is restricted under Section 33, the words prescribed by
Subsection (1)(a) or (b) of this section shall be followed by the words “for
drinking on the premises only.”
Section 35 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 24
DIVISION 5 - CLUB LICENCES
35 Requirements of club licences
(1) A club licence may be granted only in respect of a non-profit club which is
established for recreational and social purposes, and which occupies
premises —
(a) that are habitually used for the purposes of the club; and
(b) in which it is desired to supply alcoholic drinks for drinking by
members and their bona fide guests.
(2) The club must satisfy the Licensing Committee that it has a constitution
that —
(a) provides adequately for the identification at all times of the
membership of the club; and
(b) provides for the management and control of the club premises; and
(c) contain such other provisions as the Committee thinks necessary for the
purposes of this Act.
(3) A certified copy of the constitution of the club shall be filed with the
Licensing Committee at the time of the application for a licence, and shall be
kept up-to-date.
36 Effect of club licence
Subject to the conditions of the licence, a club licence authorizes the sale and supply
of alcoholic drinks by or on behalf of the club —
(a) during such days and hours as are specified in or under the licence; or
(b) if no days or hours are so specified, during such days and hours (being
hours that are reasonably related to the recreational and social purposes
of the club) as are approved —
(i) on Funafuti, by the Chairman; and
(ii) elsewhere, by the Island Executive Officer,
to —
(c) members and bona fide guests of members, for drinking on the
premises of the club; and
(d) members, for drinking off the premises.
37 Cancellation, etc., of club licences
In addition to the grounds prescribed in Section 18 and 109 as grounds on which —
(a) a licence may be cancelled or suspended; or
Alcoholic Drink Act CAP. 28.04 Section 38
2008 Revised Edition
Page 25
(b) the conditions of a licence may be varied; or
(c) conditions may be substituted in a licence; or
(d) new conditions may be added to a licence,
the powers conferred by Section 18(1) may be exercised in relation to a club licence
if the Licensing Committee is satisfied that —
(e) the club has ceased to exist, or is no longer a club to which, under
Section 35, a club licence would be granted; or
(f) the club is not conducted in good faith as a club, or is kept or habitually
used for an unlawful purpose; or
(g) there is frequent drunkenness on the club premises; or
(h) non-members are habitually admitted to the Club premises merely for
the purpose of obtaining alcoholic drink.
38 Illegal sales in clubs
If any alcoholic drink is supplied or sold in or from a licensed club otherwise than in
accordance with Section 36(c) or (d) —
(a) the person supplying or selling the alcoholic drink; and
(b) the person obtaining the alcoholic drink; and
(c) any officer or member of the club permitting the supply or sale,
is each guilty of an offence, and is each liable to a fine of $200.
39 Alcoholic drink in unlicensed clubs
If any alcoholic drink is stored, supplied or sold on or from the premises of an
unlicensed club, every officer and member of the club is each guilty of an offence,
and is each liable to a fine of $200, unless he proves that —
(a) he did not know that alcoholic drink was so stored, supplied or sold; or
(b) he did what he could reasonably be expected to do to prevent or stop
the storage, supply or sale.
DIVISION 6 - RESTAURANT LICENCES
40 Interpretation of Division 6
In this Division —
“restaurant” means any premises primarily used for the sale, in the ordinary
course of business, of meals to the public for consumption on the premises.
Section 41 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 26
41 Purpose of Division 6
The purpose of this Division is to allow persons having a meal in a restaurant to add
to their enjoyment of it by also having alcoholic drinks.
42 Requirements of restaurant licences
A restaurant licence may be granted only in respect of the premises on which the
business of a restaurant is conducted.
43 Effect of restaurant licence
(1) The holder of a restaurant licence may, during the hours from 11 a.m. to 3
p.m. and from 6.30 p.m. to 10 p.m., and during any extended hours under
Section 58, sell and supply alcoholic drinks, for consumption in the
restaurant, as part of a meal of a kind normally sold as a meal in the course of
the business of the restaurant.
(2) For the purposes of Section (1), drinks taken before or after eating, but in
association with the meal, are taken as part of the meal.
44 Cancellation, etc., of licences
In addition to the grounds prescribed in Sections 18 and 109 as grounds on which —
(a) a licence may be cancelled or suspended; or
(b) the conditions of a licence may be varied; or
(c) conditions may be substituted in a licence; or
(d) new conditions may be added to a licence,
the powers conferred by Section 18(1) may be exercised in relation to a restaurant
licence if the Licensing Committee is satisfied that the licensed premises are not
conducted in good faith as a restaurant and not a drinking place.
45 Offences in respect of restaurant licences
A person who —
(a) on any premises in respect of which a restaurant licence is in force
drinks any alcoholic drink that has not been supplied or sold to him in
accordance with this Division; or
(b) removes from any such premises any alcoholic drink so supplied or
sold,
is guilty of an offence, and is liable to a fine of $200.
Alcoholic Drink Act CAP. 28.04 Section 46
2008 Revised Edition
Page 27
DIVISION 7 - SHIPS’ LICENCES
46 Grant of ship’s licence
(1) A ship’s licence may be granted in respect of a vessel registered in, or based
in, Tuvalu by which passengers are regularly carried from a place in Tuvalu to
another place in Tuvalu, or from a place in Tuvalu to a place outside Tuvalu.
(2) A ship’s licence shall be issued in the name of the vessel.
47 Effect of ships’ licence
A ship’s licence authorizes the master and any member of the crew of the vessel to
sell and supply alcoholic drinks —
(a) during the voyage, to —
(i) passengers on board the vessel; and
(ii) members of the crew of the vessel; and
(b) at a port, to guests of a passenger or of a member of the crew,
during such hours as are fixed by the master.
48 Exempt vessels
A licence is not required to authorize the sale or supply of alcoholic drinks to
persons on board a vessel other than a vessel referred to in Section 46(1).
DIVISION 8 - AIRCRAFT LICENCES
49 Grant of aircraft licence
(1) An aircraft licence may be granted in respect of an aircraft registered in, or
based in, Tuvalu by which passengers are regularly carried from a place in
Tuvalu to another place in Tuvalu, or from a place in Tuvalu to a place
outside Tuvalu.
(2) An aircraft licence shall be issued in the name of the aircraft.
(3) For the purposes of Subsection (2) —
“name” includes registration number.
50 Effect of aircraft licence
An aircraft licence authorizes the captain and any member of the crew of the aircraft
to sell and supply alcoholic drinks to passengers on board the aircraft.
Section 51 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 28
51 Exempt aircraft
A licence is not required to authorize the sale or supply of alcoholic drinks to
persons on board an aircraft other than an aircraft referred to in Section 49(1).
52 Offences in respect of aircraft licences
(1) The bar or liquor locker on an aircraft shall be locked or securely closed, and
kept locked or securely closed, from the time when the aircraft touches down
until the doors are locked for departure, unless all alcoholic drinks in the bar
or locker have been removed from the aircraft.
(2) If a bar or locker is not locked or securely closed as required by Subsection
(1), the captain and the person responsible for locking or closing it is each
guilty of an offence, and is each liable to a fine of $200.
DIVISION 9 - OCCASIONAL LICENCES
53 Grant of occasional licence
An occasional licence may be granted by the Chairman to the organizer of any kind
of public entertainment, if the Chairman is satisfied that —
(a) the occasion in respect of which the licence is required is a special one;
and
(b) the place where the entertainment is to be held is suitable both for the
kind of entertainment and for the supply and drinking of alcoholic
drinks,
and, subject to Section 54(2), on payment of the prescribed fee.
54 Application for occasional licence
(1) Application for an occasional licence shall be made to the Chairman at least
48 hours before the day on which the licence is required.
(2) If the Chairman is satisfied that the entertainment is organized for charitable
purposes, he may exempt the applicant from payment of the prescribed fee.
55 Conditions etc., of occasional licence
(1) In an occasional licence the Chairman may impose such conditions on the sale
and supply of alcoholic drinks as he thinks desirable in the interest of order
and to prevent excessive consumption of alcoholic drink.
(2) Subject to any policy directions given under Section 11, the Licensing
Committee may determine general policies as to occasional licences and
Alcoholic Drink Act CAP. 28.04 Section 56
2008 Revised Edition
Page 29
general conditions to be imposed on all or any kind of occasional licences,
and the Chairman shall comply with any such policy.
56 Effect of occasional licence
Subject to the conditions of the licence, an occasional licence authorizes the sale and
supply of alcoholic drinks by the licensee and his agents and servants —
(a) at the place, or a part of the place, where the entertainment is to be held,
as specified in the licence; and
(b) during the hours (not exceeding in all 24 hours), and on the day or days,
specified in the licence; and
(c) for drinking only in such part of the place where the entertainment is to
be held as is specified in the licence.
57 Offence in respect of occasional licences
A person who —
(a) at an entertainment in respect of which an occasional licence is granted,
and during the hours specified under Section 56(b), drinks any
alcoholic drink that has not been sold or supplied to him under the
licence; or
(b) removes from the area specified under Section 56(c) any alcoholic
drink so supplied,
is guilty of an offence, and is liable to a fine of $200.
DIVISION 10 - EXTENDED HOURS
58 Permit for extended hours
(1) This section applies to —
(a) hotel-keepers’ licences; and
(b) publicans’ licences; and
(c) club licences; and
(d) restaurant licences,
(2) On application by the holder of a licence to which this section applies, and on
payment of the prescribed fee, the Chairman may grant a permit for the
licensee to sell and supply alcoholic drinks, for drinking on the licensed
premises, during such hours, in addition to those specified in or under the
preceding provisions of this Act in respect of the licence, as are specified in
the permit.
Section 59 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 30
(3) A permit is subject to such conditions and restrictions (if any) as the
Chairman imposes and specifies in the permit.
(4) For all purposes of this Act, any conditions and restrictions specified under
Subsection (2) shall, in relation to the extended hours provided for by the
permit, be deemed to be conditions of the licence.
DIVISION 11 - PROVISIONAL LICENCES, TRANSFERS OF LICENCES
AND TEMPORARY AUTHORITIES TO CARRY ON BUSINESS
59 Provisional licences
(1) This section applies to —
(a) hotel-keepers’ licences; and
(b) publicans’ licences; and
(c) club licences; and
(d) restaurant licences.
(2) If a person wishes to obtain a licence to which this section applies in respect
of premises —
(a) that are not yet erected or completed; or
(b) that require alterations or additions to make them suitable,
he may apply to the Licensing Committee for a provisional licence.
(3) The applicant shall supply with the application —
(a) a properly drawn plan, showing the precise locality of the premises or
proposed premises and the number and size of rooms; and
(b) details of the proposed accommodation, facilities and equipment
(including bar and storage arrangements, toilet facilities, and security
arrangements; and
(c) in particular, in the case of an application for a hotel-keeper’s licence,
details of the matters referred to in Section 23(1); and
(d) generally, all information necessary to enable the Licensing Committee
to form a correct estimate of the appropriateness of the premises or
proposed premises.
(4) Subject to Part IV, the Licensing Committee may grant a conditional licence
of the class applied for.
(5) A conditional licence remains in force for a period of 12 months or such
longer period as the Licensing Committee allows.
(6) Subject to this section, to Part IV and to the conditions of the licence, a
conditional licence gives a right to the grant of a licence of the relevant class,
on application made in accordance with Part IV within the period referred to
in Subsection (5).
Alcoholic Drink Act CAP. 28.04 Section 60
2008 Revised Edition
Page 31
60 Transfers of licences
(1) This section does not apply to —
(a) an occasional licence; or
(b) a sour toddy producers’ licence.
(2) If the holder of a licence to which this section applies —
(a) dies; or
(b) ceases to be a qualified person,
the Licensing Committee may, on application by a person having an interest
in the business in respect of which the licence was granted, transfer the
licence to a qualified person.
(3) In other cases the Licensing Committee may, on application by —
(a) the holder of the licence; or
(b) a person having an interest in the business in respect of which the
licence was granted,
transfer a licence to which this section applies, but only in the cases and to the
persons set out in the succeeding provisions of this section.
(4) Subject to Subsection (7), where the holder of the licence is the sole owner of
the business, the licence may be transferred —
(a) to any qualified person who has become by law entitled to, or to the
control of, the business, or to a qualified person nominated by him; or
(b) in any other case, to a qualified person nominated by the licensee.
(5) Where the holder of the licence is one of the owners of the business, the
licence may be transferred to any qualified person nominated by the owners.
(6) Where the holder of the licence is a nominee of the owner or owners of the
business, the licence may be transferred to any qualified person nominated by
the owner or owners.
(7) If —
(a) the holder of the licence has become disqualified under Section 17 or
92 from being the holder of a licence; or
(b) the licence is otherwise subject to cancellation under Section 18 or 109,
the Licensing Committee shall not transfer the licence before a decision is
made on the matter.
(8) Pending a decision, and until —
(a) the end of the period of three months after the date of the application, or
of such longer period as the Licensing Committee allows; or
(b) the termination of the licence,
Section 61 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 32
whichever first occurs, any qualified person actually managing the business
shall be deemed to be the licensee, and during any period when there is no
such person the licence shall be deemed to be suspended.
(9) If there is a dispute as to the right to the ownership or control of the business,
the Licensing Committee shall not decide on an application for the transfer of
the licence pending an order of a court of competent jurisdiction.
(10) Except as provided in this section, a licence is not transferable.
61 Temporary authorities
(1) This section does not apply to —
(a) a ship’s licence; or
(b) an aircraft licence; or
(c) an occasional licence; or
(d) a sour toddy producer’s licence.
(2) If any licensed premises, or a part of any licensed premises —
(a) are or is, by fire, tempest or other calamity, made unfit for the carrying
on of business under the licence; or
(b) are or is in need of repair, renovation or reconstruction,
or if the licensee wishes to alter, extend or reconstruct his licensed premises,
in whole or in part, the Licensing Committee may, on application by the
licensee, authorize him by written order to carry on his business or part of his
business in some fit neighbouring premises, approved by the Committee for
the purpose —
(c) until the expiration of the current period of the licence; or
(d) for such shorter period as the Committee determines.
(3) Any neighbouring premises referred to in an order under Subsection (2), as
specified in the order, shall be deemed, during the currency of the order, to be
licensed premises for the purposes of this Act and of the licence in place of
the licensed premises, or the part of the licensed premises, specified in the
order.
PART IV - LICENSING PROCEDURES
DIVISION 1 - PRELIMINARY
62 Application of Part IV
(1) This Part does not apply in relation to —
Alcoholic Drink Act CAP. 28.04 Section 63
2008 Revised Edition
Page 33
(a) an occasional licence; or
(b) subject to Section 80, a sour toddy producer’s licence.
(2) This Part, with any necessary modifications, applies to an application for a
provisional licence in the same way as it applies to a licence of the same class
as the provisional licence.
63 Interpretation of Part IV
In this Part —
“application” means an application for the grant of a licence to which this
Part applies, or an application for the transfer, under Section 60, of such
a licence.
DIVISION 2 - APPLICATIONS
64 Notice of application
(1) No application shall be considered by the Licensing Committee unless it
reaches the Committee at least 14 days before the start of the meeting at
which the application is to be considered.
(2) At least 10 days before the start of a meeting the Chairman shall publish —
(a) over Radio Tuvalu; and
(b) by such other means (if any) as he thinks desirable to bring the matter
to the attention of interested person,
a list containing, in respect of each application to be considered at the
meeting —
(c) the name of the applicant; and
(d) the type of licence concerned; and
(e) the nature of the application; and
(f) the address of the premises concerned.
65 Applications generally
(1) Subject to Subsection (2), an application for the grant of a licence to which
this Part applies, other than an application for the grant of a club licence,
shall —
(a) be signed by the applicant; and
(b) set out the name, address and occupation of the applicant; and
(c) state the capacity in which the applicant acts, that is to say whether he
is —
Section 66 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 34
(i) the sole owner of the business; or
(ii) one of the owners of the business; or
(iii) a nominee of the owner or owners of the business - stating
whether he is an agent, officer or employee of the owner or
owners, or as the case may be; and
(d) state whether authority is required for the sale of alcoholic drinks
generally, or for the sale of beer and sour toddy only; and
(e) subject to Subsection (2), except in the case of an application relating to
a ship’s licence or an aircraft licence —
(i) set out the name, address and occupation of the manager or
proposed manager; and
(ii) contain a full and accurate description of the premises and
proposed premises, or the part of the premises or proposed
premises, the subject of the application; and
(iii) be accompanied by a plan of the premises or proposed premises;
and
(f) in the case of an application relating to a ship’s licence or an aircraft
licence —
(i) identify the ship or aircraft; and
(ii) set out the names and addresses of the owners, charterers,
operators and agents of the ship or aircraft; and
(iii) set out the routes intended to be sailed or flown, and the intended
schedule,
and otherwise comply with the requirements of this Act.
(2) In the case of an application for the renewal of a licence other than a ship’s
licence or an aircraft licence, Subsection (1)(e) need not be complied with
unless —
(a) the Licensing Committee so directs; or
(b) structural alterations were made to the premises during the currency of
the existing licence.
66 Applications in respect of club licences
An application for the grant of a club licence shall —
(a) be signed by the secretary or other proper officer of the club; and
(b) include particulars of —
(i) the objects of the club; and
(ii) the address of the club premises; and
Alcoholic Drink Act CAP. 28.04 Section 67
2008 Revised Edition
Page 35
(iii) the names and addresses of the officers and of the members of
the committee of management (if any) of the club; and
(c) be accompanied by a copy of the constitution or rules of the club; and
(d) state whether authority is required for the sale of alcoholic drinks
generally, or for the sale of beer and sour toddy only,
and otherwise comply, with the requirements of this Act.
67 Applications in respect of separate parts of the same premises
(1) An application for the grant of a licence to which this Part applies, other than
a ship’s licence or an aircraft licence, may apply for a single licence in respect
of separate parts of the same premises.
(2) Upon such an application the Licensing Committee, taking into account —
(a) the nature of the premises; and
(b) the relative location of the separate parts; and
(c) the business intended to be done at the separate parts,
may —
(d) restrict the application to a specific part of the premises; or
(e) grant one licence for two or more separate parts of the premises; or
(f) grant such number of licences as it thinks appropriate in respect of
separate parts.
68 Additional information
The Licensing Committee may at any stage request an applicant for a licence to
which this Part applies to supply it with more information concerning the subject
matter of the application, and may defer consideration of the application until the
information is supplied to its satisfaction.
DIVISION 3 - CONSIDERATION OF APPLICATIONS
69 Public hearings
Applications shall be dealt with by the Licensing Committee in public hearings.
70 Objectors
An objection to the approval of an application may be made, orally or in writing, to
the Licensing Committee by —
Section 71 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 36
(a) the holder of, or an applicant for, any other licence (other than an
occasional licence) on the island on which the premises or proposed
premises the subject of the application are, or are to be, situated; or
(b) three or more residents of that island; or
(c) a police officer; or
(d) a sanitary inspector; or
(e) a person authorized in writing by the Minister; or
(f) the Failautusis ote Kaupule; or
(g) the Kaupule.
71 Objections
(1) Subject to Subsection (2), an objection may be made on any of the following
grounds: —
(a) that the applicant or the proposed manager is disqualified under Section
17 or 92;
(b) that the applicant or the proposed manager is a person of drunken or
dissolute habits or is of bad repute;
(c) that a licence held by the applicant or by the proposed manager has,
within the period of 12 months before the date of the application, been
cancelled or suspended;
(d) that the applicant or the proposed manager has, within the period
referred to in paragraph (c), been guilty of an offence against this Act,
the Food Safety Act2 or the Public Health Act;
(e) that, in the case of an application for the renewal of a licence —
(i) frequent breaches of the law or of the peace have occurred on the
licensed premises; or
(ii) drunk or disorderly persons have frequently been seen on or near
the licensed premises;
(f) that the premises the subject of the application are unhygienic or are
otherwise unsuitable for the sale or drinking of alcoholic drinks;
(g) that the reasonable requirements of the neighbourhood do not justify
the approval of the application;
(h) that the premises the subject of the application are so near a place of
public worship, hospital or school as to be likely to disturb persons in it
or going to or coming from it;
(i) that the quiet and good order of the neighbourhood in which the
premises the subject of the application are situated will be disturbed if
the application is approved,
or on any other ground that appears to the Licensing Committee relevant.
Alcoholic Drink Act CAP. 28.04 Section 72
2008 Revised Edition
Page 37
(2) On an application for the confirmation of a provisional licence under Section
59 objection may be taken only on a ground specified in Subsection (1)(a),
(b), (c) and (d).
(3) As soon as practicable after an objection in writing has been made (unless it is
made at the hearing), the Licensing Committee shall given notice of the
objection to —
(a) the applicant; and
(b) the senior police officer (other than the Commissioner of Police) on the
island concerned.
72 Effect of objection
(1) The mere fact that an objection is correctly taken does not mean that the
Licensing Committee must refuse the application, but in all cases the
Committee, taking any such objection into account, shall exercise an
independent judgement as to the application.
(2) The mere fact that an objection has not been taken does not prevent the
Licensing Committee from inquiring into any matter relevant to the
application.
(3) If an objection is taken, on a ground specified in Section 71(l)(a), (b), (c) or
(d) or otherwise, against the manager or the proposed manager of the premises
the subject of an application, the Licensing Committee shall, before refusing
the application on that ground alone, give to the applicant a reasonable
opportunity to remove the ground of the objection by substituting in his
application the name of some other qualified person as manager.
73 Consideration of applications
(1) Applicants and objectors have the right to appear before the Licensing
Committee either in person or by a representative.
(2) The senior police officer (other than the Commissioner of Police) on the
island on which the meeting of the Committee is held, or a person authorized
by him for the purpose, shall attend each meeting of the Licensing
Committee.
(3) The Licensing Committee shall reject out of hand any objection which on the
face of it does not comply with Section 71(1) and the objection is a nullity,
but this does not prevent the objector from taking any further objection that
does comply with that subsection.
(4) The Licensing Committee shall not consider any application in respect of a
hotel-keeper’s licence or a publican’s licence unless —
(a) the applicant appears either in person or by a representative; or
Section 74 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 38
(b) no objection has been made to the application, and the applicant is
exempted from appearing by the Chairman.
(5) The Licensing Committee shall not consider any application to which an
objection has been made unless it is satisfied that both the applicant and the
objector have had reasonable notice of the time, day and place of the meeting
at which the application is to be considered.
(6) The Licensing Committee shall not refuse any application unless it is satisfied
that the applicant has had reasonable notice of the time, day and place of the
meeting at which the application is to be considered.
(7) Where an objection is made of which the applicant has not had reasonable
notice, the applicant is entitled to a reasonable adjournment to consider it.
(8) The Licensing Committee may adjourn a meeting, or any particular business
before a meeting, to another time or place, and the resumed meeting shall be
deemed to be a continuation of the original meeting.
DIVISION 4 - GRANT OF LICENCES
74 Duty of Licensing Committee
(1) Before granting a licence to which this Part applies the Licensing Committee
shall satisfy itself that —
(a) the premises to which the application relates are fit and proper for the
purpose of the type of licence involved; and
(b) the parts of the premises on which alcoholic drinks are to be stored,
sold, supplied or drunk are sufficiently defined in the application or in a
plan attached to the application; and
(c) the applicant and the proposed manager (if any) are qualified persons;
and
(d) the provisions of this Act have been complied with in regard to the
application; and
(e) the licence applied for may properly be granted.
(2) In Subsection (1) —
“premises” includes a vessel or aircraft.
75 Method of grant
When an application is approved by the Licensing Committee (with or without
modification), the Chairman shall, on proof of payment to the Government of the
prescribed fee, grant the licence accordingly.
Alcoholic Drink Act CAP. 28.04 Section 76
2008 Revised Edition
Page 39
PART V - SOUR TODDY PRODUCERS’ LICENCES
76 Grant, etc., of sour toddy producer’s licence
(1) A sour toddy producer’s licence may be granted, in respect of premises
specified in the licence, by the Kaupule within whose area of authority the
premises arc situated.
(2) A sour toddy producer’s licence may be granted only to a person who makes
sour toddy.
(3) The fee payable in respect of a sour toddy producer’s licence shall be paid to
the island council.
77 Period of licence
Unless sooner terminated, a sour toddy producer’s licence remains in force for a
period of 12 months.
78 Effect of licence
Subject to the conditions of the licence, a sour toddy producer’s licence authorizes
the sale and supply of sour toddy by the holder of the licence —
(a) in any quantity; and
(b) by wholesale or by retail; and
(c) for drinking off the licensed premises only.
79 Cancellation, etc., of licences
(1) The Kaupule may —
(a) cancel or suspend a sour toddy producer’s licence; or
(b) vary the conditions of such a licence; or
(c) substitute conditions in such a licence; or
(d) add new conditions to such a licence,
in accordance with Section 18 or 109.
(2) Subject to Subsection (3), if the holder of a sour toddy producer’s licence or
any other person is convicted of an offence against the Food Safety Act3 in
respect of sour toddy that has at any time been stored, exposed for sale, sold,
supplied or delivered on or from any premises in respect of which a sour
toddy producer’s licence was in force, the Kaupule may cancel the licence.
Section 80 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 40
(3) If the offence was committed by some person other than the licensee the
licence shall not be cancelled if the licensee proves that he was wholly
unconnected with the offence.
80 Procedures
(1) Subject to this Act, the procedures to be followed in connection with a sour
toddy producer’s licence are as prescribed by the Kaupule in whose area of
authority the premises licensed or proposed to be licensed are situated, by
bye-law made in accordance with the Falekaupule Act.
(2) In the absence of bye-laws made for the purpose of Subsection (1), the
provisions of Section 7 and of Part IV, with the necessary
modifications, apply.
81 Offences in connection with sour toddy producers’ licences
(1) Subject to Subsection (3), a person who drinks sour toddy on or near any
premises in respect of which a sour toddy producer’s licence is in force is
guilty of an offence, and is liable to a fine of $200.
(2) Subject to Subsection (3), the holder of a sour toddy producer’s licence who
permits sour toddy to be drunk in contravention of Subsection (1) is guilty of
an offence, and is liable to a fine of $200.
(3) Subsections (1) and (2) do not apply to the drinking of sour toddy in a private
dwelling-house, or within the curtilage of a private dwelling-house, if the
dwelling-house is not, and is not part of, the licensed premises.
PART VI - PROHIBITION ORDERS
82 Prohibition Orders
(1) A magistrate may —
(a) upon application made to him by any person (including the person in
relation to whom it is proposed that the order under this subsection be
made); and
(b) upon being satisfied that the person in relation to whom the application
is made is of confirmed intemperate habits as far as alcoholic drink is
concerned,
make an order prohibiting the person in relation to whom the application is
made from drinking or having in his possession any alcoholic drink for a
period, not exceeding 12 months, specified in the order.
(2) Where —
Alcoholic Drink Act CAP. 28.04 Section 83
2008 Revised Edition
Page 41
(a) a person is convicted by a court of an offence which involved
drunkenness (whether or not drunkenness is an element of the offence);
and
(b) upon the conviction the court is satisfied that the person has, during the
period of 12 months before the date of the offence, been convicted at
least twice of such an offence,
the court may make an order of a kind referred to in Subsection (1).
83 Notice of prohibition order
When a prohibition order is made, the magistrate or court making the order shall
cause notice of the order to be given to —
(a) the Chairman; and
(b) the Commissioner of Police, in his capacity as such; and
(c) every police officer in charge of a police station on —
(i) the island on which the order is made; and
(ii) the island where the prohibited person normally lives or works;
and
(d) every licensee (other than the holder of a sour toddy producer’s licence)
on the islands referred to in paragraph (c); and
(e) the Island Executive Officer on each such island.
84 Drinking, etc, by prohibited person
(1) A prohibited person who —
(a) drinks any alcoholic drink; or
(b) has any alcoholic drink in his possession,
is guilty of an offence, and is liable to a fine of $200, and the offender may be
arrested without warrant.
(2) A prohibited person who is drunk –
(a) on any licensed premises; or
(b) in a public place,
is guilty of an offence, and is liable to imprisonment for 12 months, and the
offender may be arrested without warrant.
(3) Section 26 of the Penal Code4 does not apply in relation to an offence against
Subsection (2) unless, for reasons special to the prohibited person, the court
that convicts him thinks that a fine would be adequate, in which case he is
liable to a fine of $500.
Section 85 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 42
(4) If a prohibited person is convicted of an offence against Subsection (1) or (2),
the court that convicts him may, by order, extend the period of the prohibition
order to the end of the period of 12 months —
(a) if he is sentenced to imprisonment - from the date of his release from
imprisonment; or
(b) in any other case - from the date of the conviction,
or for a shorter period.
85 Supplying alcoholic drink to prohibited person
A person who knowingly —
(a) gives, sells or supplies any alcoholic drink to a prohibited person; or
(b) procures or assists in procuring any alcoholic drink for a
prohibited person,
or who gives, sells or supplies any alcoholic drink to any person knowing, or having
reasonable grounds to suspect, that it is intended for or will be given to a prohibited
person, is guilty of an offence, and is liable to a fine of $500.
86 Prohibited persons on certain premises
(1) This section does not apply in relation to —
(a) a hotel-keeper’s licence, if the prohibited person concerned is a bona
fide lodger in the licensed premises; or
(b) a restaurant licence, if the prohibited person concerned is having a meal
on the premises; or
(c) a ship’s licence; or
(d) an aircraft licence.
(2) Subject to any exception contained in the prohibition order, the holder of a
licence to which this section applies —
(a) whose premises are exclusively or mainly used for the sale or supply of
alcoholic drink; and
(b) who permits a prohibited person to be on the premises,
is guilty of an offence, and is liable to a fine of $100.
(3) In Subsection (2) —
“premises” includes a part of the premises.
Alcoholic Drink Act CAP. 28.04 Section 87
2008 Revised Edition
Page 43
87 Forfeiture of alcoholic drink in possession of prohibited person
Any alcoholic drink found in the possession or under the control of a prohibited
person is forfeited to the Crown, and may be seized by a police officer.
88 Evidence of knowledge of prohibition
Where a person who is —
(a) a person who has been given notice under Section 83(d) that a
prohibition order has been made in respect of a person; or
(b) the agent, officer, servant or employee of a person to whom paragraph
(a) applies,
is charged with an offence against this Part in relation to the prohibited person, the
person charged shall be deemed, until the contrary is proved, to have known that the
person concerned was a prohibited person.
89 Appeals against prohibition orders etc.
(1) For the purposes of appeal and review, a prohibition order shall be deemed to
be a sentence.
(2) Notwithstanding any appeal or review, a prohibition order continues in force
until the completion of the appeal or review.
PART VII - DISTILLATION
90 Prohibition of distillation of spirits
A person who, except as authorized by or under any other Act —
(a) imports or sets up —
(i) a still; or
(ii) any machinery, implement or utensil used for the distillation of
spirits; or
(b) has in his possession or custody, or under his control —
(i) a still, still head or worm; or
(ii) any machinery, implement or utensil used or intended for use in
connection with the distillation of spirits; or
(c) makes any spirits, or assists or is otherwise concerned in making spirits;
or
(d) supplies materials for making or working a still; or
Section 91 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 44
(e) conveys or conceals, or assists in conveying or concealing, any spirits
distilled or made in Tuvalu,
is guilty of an offence, and is liable to a fine of $500 and to imprisonment for nine
months.
91 Search for illicit spirits, etc.
(1) A police officer may at any time, with or without assistance, and using such
force as is reasonably necessary —
(a) enter upon any premises used, or reasonably suspected of being used, as
a distillery; and
(b) break open doors and containers on the premises; and
(c) seize any spirits found on the premises, and materials and implements
used or intended to be used, or reasonably suspected of being used or
intended to be used, in the process of distillation.
(2) Any spirits, materials and implements —
(a) seized under Subsection (l)(c); and
(b) in respect of which an offence against Subsection (1) has been
committed,
are forfeited to the Crown.
PART VIII - OFFENCES GENERALLY
92 Selling alcoholic drink without licence
(1) A person who sells or exposes for sale any alcoholic drink without holding the
appropriate licence is guilty of an offence, and is liable —
(a) for a first offence - to a fine of $500; and
(b) for a second or subsequent offence - to a fine of $1,000 and to
imprisonment for twelve months.
(2) Where a person is convicted more than once of an offence against Subsection
(1), the Court that convicts him on each occasion after the first shall
disqualify him from holding a licence, and from managing any licensed
premises, for a period not exceeding two years.
(3) A second or subsequent disqualification under subsection (2) may be made
cumulative on or concurrent with any previous such disqualification.
(4) For the purposes of appeal and review, a disqualification under this section
shall be deemed to be part of the sentence.
Alcoholic Drink Act CAP. 28.04 Section 93
2008 Revised Edition
Page 45
93 Sale etc outside permitted hours
(1) A person who, otherwise than during the hours within which the sale or
supply is authorized by or under this Act, sells or supplies on or from any
licensed premises any alcoholic drink is guilty of an offence, and is liable to a
fine of $200 and to imprisonment for six months.
(2) Subject to Section 25 and 31, a person who, otherwise than during the hours
within which the bar or the licensed premises, or the part of the licensed
premises, is permitted under this Act to remain open, keeps open —
(a) a bar; or
(b) licensed premises, or a part of licensed premises, used exclusively or
mainly for the sale or supply of alcoholic drinks,
is guilty of an offence, and is liable to a fine of $200 and to imprisonment for
six months.
(3) Subject to Section 113, a person who, otherwise than during the hours within
which the sale or supply of the alcoholic drink for consumption by him on the
premises is authorized by or under this Act, drinks any alcoholic drink on any
licensed premises is guilty of an offence, and is liable to a fine of $200 and to
imprisonment for six months.
94 Unauthorised alcoholic drink on licensed premises
(1) Subject to Subsection (2), if any alcoholic drink of a kind not authorized by
the licence to be sold is on, or within the curtilage of, any licensed premises,
the licensee and any person knowingly drinking or in possession of the drink
is each guilty of an offence, and is each liable to a fine of $200.
(2) Subsection (1) does not apply in relation to any alcoholic drink that is the
personal property of —
(a) the licensee; or
(b) any of the following persons who are resident on the premises: —
(i) a member of the staff; or
(ii) a member of the household of the licensee or of a member of the
staff; or
(c) a bona fide lodger.
95 Non-compliance with licence
The holder of a licence who contravenes or fails to comply with a condition of his
licence for which no other penalty is provided by this Act is guilty of an offence,
and is liable to a fine of $200.
Section 96 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 46
96 Sale outside licensed premises
The holder of a licence who sells, supplies or offers or exposes for sale any alcoholic
drink otherwise than at a place where the licence authorizes him to do so is guilty of
an offence, and is liable to a fine of $200.
97 Failure to produce licence
If on demand by a police officer made on the licensed premises the holder of a
licence or of a permit under Section 58 fails, without reasonable excuse, to produce
his licence or permit, he is guilty of an offence, and is liable to a fine of $200.
98 Drunkenness, etc., on licensed premises
(1) The holder of a licence who —
(a) permits drunkenness or violent, quarrelsome, indecent or grossly
disorderly or offensive conduct to take place on the licensed premises;
or
(b) sells or supplies alcoholic drink to or for a drunken person, or a person
guilty of conduct referred to in paragraph (a) on the licensed premises,
is guilty of an offence, and is liable to a fine of $200.
(2) A person who —
(a) on any licensed premises, procures or attempts to procure any alcoholic
drink for a drunken person, or a person guilty of conduct referred to in
Subsection (l)(a) on those premises; or
(b) helps a drunken person, or a person guilty of such conduct, in obtaining
or drinking any alcoholic drink in any licensed premises,
is guilty of an offence, and is liable to a fine of $200.
(3) It is a defence to a charge of an offence against Subsection (1)(a) that the
person charged and his agents and servants took all reasonable steps to
prevent the drunkenness or other conduct the subject of the charge.
99 Persons under age
(1) The holder of a licence who knowingly —
(a) sells or supplies any alcoholic drink to a person under the age of 18
years; or
(b) permits any alcoholic drink to be sold or supplied to such a person,
is guilty of an offence, and is liable to a fine of $200.
Alcoholic Drink Act CAP. 28.04 Section 100
2008 Revised Edition
Page 47
(2) Any agent or servant of the holder of a licence who knowingly sells or
supplies any alcoholic drink to a person under the age of 18 years is guilty of
an offence, and is liable to a fine of $200.
(3) A person under the age of 18 years who —
(a) obtain or attempts to obtain any alcoholic drink on or from any licensed
premises; or
(b) has in his possession, or drinks, any alcoholic drink on any licensed
premises or in a public place,
is guilty of an offence, and is liable to a fine of $200.
(4) The holder of a licence who employs a person under the age of 18 years to
sell or serve any alcoholic drink is guilty of an offence, and is liable to a fine
of $100.
100 Police officers on duty
The holder of a licence who —
(a) knowingly permits a police officer to be on the licensed premises,
except for the purposes of his duty, during any time appointed for the
officer to be on duty; or
(b) supplies any alcoholic drink or other refreshment, whether by way of
gift or sale or otherwise, to a police officer on duty, except by authority
of a superior officer of the officer or as authorized by law,
is guilty of an offence, and is liable to a fine of $200.
101 Drinking within curtilage of licensed premises
(1) The holder of a licence who knowingly permits any person other than —
(a) a bona fide lodger; or
(b) the bona fide guest of such a lodger,
to drink any alcoholic drink in any place within the curtilage of the licensed
premises as defined in the licence is guilty of an offence, and is liable to a fine
of $200.
(2) A person other than a person referred to in Subsection (1)(a) or (b) found
drinking any alcoholic drink in any place to which Subsection (1) applies
who, when requested by the holder of the licence or his agent or servant, or by
a police officer, to leave the place, fails to do so —
(a) is guilty of an offence, and is liable to a fine of $200; and
(b) may be expelled from the place with any reasonable degree of force
required for the purpose.
Section 102 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 48
102 Outside sellers
If a person other than the holder of the licence or his agent or servant sells any
alcoholic drink on any licensed premises, the person and the licensee is each guilty
of an offence, and is each liable to a fine of $200.
103 Alcoholic drink in shops, etc
(1) A person who owns or manages a shop and who, unless authorized by a
licence to supply alcoholic drink in or from the premises, stores or keeps any
alcoholic drink, or permits any alcoholic drink to be stored or kept —
(a) in the shop; or
(b) to an amount in excess of the reasonable requirements of his household
in a dwelling-house communicating by a passageway or otherwise with
the shop,
is guilty of an offence, and is liable to a fine of $200.
(2) A police officer may at any reasonable time enter any shop or any dwelling-
house referred to in Subsection (1)(b), and search for and seize any alcoholic
drink in respect of which he has reasonable cause to suspect that an offence
against Subsection (1) has been committed.
(3) Any alcoholic drink in respect of which an offence against Subsection (1) has
been committed is forfeited to the Crown.
(4) In this section —
“shop” means any vehicle, vessel, building or place —
(a) in or on which goods are exposed, offered, stored or kept for sale; or
(b) in, on or from which goods are sold.
104 Unauthorised signs
A person other than the holder of the appropriate license on whose premises any
sign, writing, painting or other mark is exhibited stating, implying or giving
reasonable cause for believing that —
(a) the premises are licensed for the sale or supply of any kind of alcoholic
drink; or
(b) any kind of alcoholic drink is sold or supplied on or from the premises,
is guilty of an offence, and is liable to a penalty of $200.
105 Possession of weapons etc
(1) A person who —
Alcoholic Drink Act CAP. 28.04 Section 106
2008 Revised Edition
Page 49
(a) while on any licensed premises other than premises in respect of which
an off-licence is in force; or
(b) while under the influence of alcohol,
is, without lawful and reasonable excuse, (the burden of proof of which is on
him) in possession of any dangerous or offensive weapon or instrument is
guilty of an offence, and is liable to a fine of $200.
(2) Subsection (1) applies whether or not the weapon or instrument is intended
for use to cause injury to any person.
(3) A person who is found in possession of a weapon or instrument contrary to
Subsection (1) may be arrested without warrant.
(4) Nothing in this section applies to the use or possession for a lawful purpose of
darts or other instruments used in games of a kind suitable to be played on
licensed premises.
106 Making alcoholic drink
(1) A person who makes, or assists or is concerned in the making of, any
alcoholic drink other than sour toddy, is guilty of an offence, and is liable to a
fine of $500 and to imprisonment for nine months.
(2) Subsection (1) does not apply to —
(a) the mixing of sour toddy with water; or
(b) the mixing of an alcoholic drink other than sour toddy with another
such alcoholic drink or with any other liquid intended for use as
a drink.
107 Mixtures of sour toddy
A person who drinks or has in his possession a mixture of sour toddy and a
substance other than water is guilty of an offence, and is liable to a fine of $200.
108 Liability of licensees for acts of agents and servants
Where an offence for which the holder of a licence is liable under this Act has, in
fact, been committed by his agent or servant —
(a) the licensee and the agent or servant; and
(b) the manager of the licensed premises,
is each guilty of the offence.
Section 109 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 50
109 Cancellation of licence on certain convictions
(1) Without prejudice to any other provision of this Act, if the holder of a licence
is —
(a) sentenced to imprisonment for a period exceeding six months, and the
sentence is not suspended or, if it was suspended, is subsequently
enforced; or
(b) convicted within a period of 12 months of two or more offences against
this Act; or
(c) convicted of contravening or failing to comply with any of the special
conditions of his licence determined under section 16(b),
his licence may be cancelled —
(d) in a case to which paragraph (a) applies - by the licensing authority; and
(e) in a case to which paragraph (b) or (c) applies - by the licensing
authority, or by the court or the court of last conviction, as the case may
be.
(2) The provisions of this section are in addition to the provisions of Section 18.
110 Advice of conviction
Where —
(a) the holder of a licence is convicted of an offence against this Act; or
(b) any other person is convicted of an offence against this Act committed
on or in relation to any licensed premises,
the court convicting him shall, within seven days, send to the Chairman a written
summary of the facts and of the conviction.
111 Limitation of actions
A prosecution for an offence against this Act shall not be instituted more than six
months after the date of the offence.
112 Jurisdiction of island courts
Subject to the limitations on its powers of sentencing imposed by Section 6 of the
Island Courts Act an island court has jurisdiction —
(a) in proceedings for an offence against this Act; and
(b) to make any order consequential on a conviction of any such offence.
Alcoholic Drink Act CAP. 28.04 Section 113
2008 Revised Edition
Page 51
PART IX - MISCELLANEOUS
113 Period of grace after closing time
(1) This section applies in relation to any licence (other than a ship’s licence or an
aircraft licence) that authorizes the sale and supply of alcoholic drinks for
drinking on the licensed premises.
(2) Notwithstanding anything in this Act but subject to any order under Section
115 or 116, the holder of a licence to which this section applies may, subject
to Subsection (3), leave the licensed premises open for a reasonable period
(not exceeding 30 minutes) after closing time in order to allow persons who
have lawfully been supplied with alcoholic drinks in open containers for
drinking on the premises to finish those drinks.
(3) Subsection (2) applies only if the licensee ensures that —
(a) the licensed premises are supervised by him or by his agent or servant
during the period referred to in that subsection; and
(b) where required by this Act, any bar on the premises is closed.
(4) In this section —
“closing time”, in relation to any alcoholic drink lawfully supplied to a
person, means the time at which the sale to him of that drink would become
unlawful.
114 Limitation on number of licences
(1) Where he considers it in the public interest to do so, the Minister may, by
notice, limit —
(a) the number of licences, either generally or in relation to a particular
class of licence; or
(b) the classes of licence,
that may be granted —
(c) in Tuvalu; or
(d) in a part of Tuvalu specified in the notice.
(2) Subject to Subsection (4), while a notice under Subsection (1)(a) is in force
the licensing authority shall not grant a licence if the grant means that the
number fixed in the notice would be exceeded in the area to which the notice
applies.
(3) While a notice under Subsection (1)(b) is in force the licensing authority shall
not grant a licence of the restricted class in the area to which the notice
applies.
Section 115 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 52
(4) When a notice under Subsection (1)(a) comes into effect the licensing
authority may, subject to any policy directions given under Section 10,
formulate and publish in such manner as it thinks adequate a policy with
regard to priorities in licensing.
115 Ministerial closure orders
Notwithstanding anything in this Act, the Minister may, by order, direct the closure,
on any day and during any hours specified in the order, of —
(a) all licensed premises; or
(b) any particular licensed premises or class of licensed premises specified
in the order,
in —
(c) the whole of Tuvalu; or
(d) the part of Tuvalu specified in the order.
116 Closure due to riot, etc.
When a riot or tumult occurs, or is expected or feared, in any place a police officer
may order any licensed premises in or near the place to be closed for such period as
he orders.
117 Failure to obey closure order
(1) The holder of a licence who fails to comply with an order under Section 115
or 116 is guilty of an offence, and is liable to a fine of $200.
(2) If any licensed premises are not closed in accordance with an order under
Section 115 or 116, a police officer may, using any reasonable degree of force
required for the purpose —
(a) close the premises; and
(b) subject to Subsection (3), expel any person found on them.
(3) Subsection (2)(b) does not apply to —
(a) the licensee, the manager or the person in actual charge of the premises;
or
(b) the agents and servants of the licensee in the course of their duties; or
(c) any of the following persons who are resident on the premises: —
(i) a member of the staff; or
(ii) a member of the household of the licensee or of a member of the
staff; or
(d) bona fide lodgers.
Alcoholic Drink Act CAP. 28.04 Section 118
2008 Revised Edition
Page 53
118 Prohibited areas
(1) The Minister may, by notice, declare any part of Tuvalu to be a prohibited
area for the purposes of this section.5
(2) A person who drinks any alcoholic drink in any public place in part of Tuvalu
to which a declaration under subsection (1) applies, other than premises in
respect of which a licence is in force authorizing the drinking of the alcoholic
drink in the place, is guilty of an offence, and is liable to a fine of $200.
119 Local government bye-laws concerning drinking in public places
The power to make bye-laws conferred by the Falekaupule Act6 extends to the
making of bye-laws prohibiting or restricting the drinking of alcoholic drinks in
public places other than licensed premises.
120 Right to exclude from licensed premises
(1) Without prejudice to any other right —
(a) to refuse a person admission to any licensed premises; or
(b) to expel a person from any licensed premises,
the holder of a licence may refuse to admit into, or may expel from, the
licensed premises a person —
(c) who is drunken, violent, quarrelsome, disorderly or otherwise
objectionable; or
(d) who is using foul language; or
(e) who is suffering from an infectious disease; or
(f) whose presence would make the licensee or any other person liable to a
penalty under this or any other Act.
(2) If a person who is liable to be expelled from any licensed premises under
Subsection (1) fails to leave the premises when requested to do so by the
licensee or his agent or servant, or by a police officer, he is guilty of an
offence, and is liable to a fine of $200.
121 Proof of age
(1) Where the holder of a license or his agent or servant, or a police officer, is in
doubt as to whether any person is a person in respect of whom an offence
against this Act may be committed by reason of his age, he may require the
person to produce satisfactory evidence of his age.
(2) If on a requirement under Subsection (1) the person concerned does not
produce satisfactory evidence of his age, the holder of the licence and his
Section 122 CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 54
agents and servant, and any police officer, may treat the person as if he were
under any relevant age.
(3) Evidence for the purposes of this section may be oral or documentary.
122 Search warrants
(1) Upon being satisfied, by information on oath, that there is reasonable ground
for suspecting that any alcoholic drink is sold or supplied or is exposed or
kept for sale, at, in or from a place in respect of which a licence is not in force
for the purpose, a magistrate may issue a search warrant to a police officer.
(2) A warrant under Subsection (1) authorizes the police officer —
(a) to enter the place specified in the warrant; and
(b) to search the place for alcoholic drink; and
(c) to seize and remove any alcoholic drink that he has reasonable ground
for supposing to be in the place for the purpose of unlawful sale or
supply, there or elsewhere, and the receptacles containing it,
using any reasonable degree of force necessary for the purpose.
123 Power of entry
For the purpose of preventing or detecting the commission of an offence against this
Act, a police officer may at any time enter on any licensed premises.
124 Seizure of alcoholic drink, generally
(1) Where a police officer believes, or has reasonable grounds to suspect, that an
offence against this Act has been, is being or is about to be committed, he
may seize and remove —
(a) any alcoholic drink; and
(b) the receptacles containing any alcoholic drink; and
(c) any other thing,
that he believes to be connected with the offence or suspected or expected
offence.
(2) Any thing seized under Subsection (1) shall as soon as practicable be brought
before a magistrate to be dealt with according to law, unless it is earlier
returned.
(3) Upon a conviction of the offence, any thing seized under subsection (1) may
be forfeited to the Crown by the convicting court.
(4) Nothing in this section affects the operation of any other provision of this Act
or of any other law.
Alcoholic Drink Act CAP. 28.04 Section 125
2008 Revised Edition
Page 55
125 Evidence
In any proceedings under or for the purposes of this Act —
(a) a certificate purporting to be signed by a government chemist or analyst
stating the nature and contents of any liquid is prima facie evidence of
its nature and contents; and
(b) where in a charge of an offence against this Act an allegation is made
that any liquid is —
(i) an alcoholic drink; or
(ii) a mixture of sour toddy with any substance other than water,
the liquid shall be deemed, until the contrary is proved, to be alcoholic
drink or such mixture, as the case may be; and
(c) evidence of the delivery of any alcoholic drink by or on behalf of any
person is prima facie evidence of its sale by or on behalf of that person;
and
(d) evidence that any person other than the licensee, a member of his
household or his agent or servant, drank or intended to drink any
alcoholic drink on any licensed premises is prima facie evidence that
the alcoholic drink was sold to that person by or on behalf of the
licensee.
126 Proceedings for price of alcoholic drink sold
The holder of a licence is not entitled to maintain an action for, or to recover, a debt
or demand for any alcoholic drink sold or supplied for drinking on the licensed
premises unless it was sold or supplied —
(a) to a bona fide lodger; or
(b) for drinking with a meal.
127 Regulations
The Minister may make regulations, not inconsistent with this Act, prescribing all
matters that are required or permitted by this Act to be prescribed in the regulations,
or that are necessary or convenient to be so prescribed for carrying out or giving
effect to this Act.
SCHEDULE CAP. 28.04 Alcoholic Drink Act
2008 Revised Edition Page 56
SCHEDULE
FEES7
(Section 14)
PART I Liquor
Generally
Beer and Sour
Toddy
1. Off-licence —
(a) wholesale 210 190
(b) retail 470 270
2. Hotel-keeper’s licence —
(a) general 630 520
(b) restricted 470 260
3. Publican’s licence —
(a) general 590 360
(b) restricted 420 210
4. Club licence 380 210
5. Restaurant licence 210 140
6. Ships licence 380 210
7. Aircraft licence 200 130
8. Occasional licence 40 15
9. Provisional licence 13 13
10. Transfer of licence 40 40
11 Temporary authority(Section 61) 6 6
12. Permit for extended hours 30 30
PART II
13. Sour toddy producer’s licence 100
14. Renewal of licence As for the grant of the licence
Alcoholic Drink Act CAP. 28.04 ENDNOTES
2008 Revised Edition
Page 57
ENDNOTES
1 Act 10 of 1984, GN 58/1984
Amended by GS 1/2005
2 Cap. 28.08
3 Cap. 28.08
4 Cap. 10.20
5 The following Notices have been made –
Areas declared to be a prohibited area by notice under section 118
That part of the Island of Funafuti between the south western part of the airstrip and the existing
fuel storage tanks is declared to be a prohibited area for the purpose of the section. (LN 25/1973)
That part of the Island of Nui between Tabontebike and the pig fence is declared to be a prohibited
area for the purposes of the Act. (LN 6/1985)
That part of the Island of Vaitupu being the communal land comprising the main village bounded by
an area 600 yards both to the North and to the South of that communal land, is declared a prohibited
area for the purposes of the Act. (GN 16/1986)
6 Cap. 04.08
7 Substituted by LN 1/2005
