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The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE LIQUOR LICENSING ACT
CHAPTER 167 OF THE LAWS OF ZAMBIA
CHAPTER 167 THE LIQUOR LICENSING ACT
THE LIQUOR LICENSING ACT
ARRANGEMENTS OF SECTIONS
PART I PRELIMINARYPART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Non-application
PART II TYPES OF LICENCESPART II
TYPES OF LICENCES
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4. Types of licences
5. Wholesale liquor licence
6. Retail liquor licence
7. Bar licence
8. Hotel liquor licence
9. Private hotel liquor licence
10. Restaurant licence
11. Railway restaurant car licence
12. Passenger vessel licence
13. Airport licence
14. Theatre licence
15. Temporary licence
15A. Club licence
16. Restricted licences
16A. Prohibition of the grant of licences
PART III ESTABLISHMENT AND POWERS OF LICENSING BOARDSPART III
ESTABLISHMENT AND POWERS OF LICENSING BOARDS
17. Grant and renewal of licences
17A. Prohibition of grant of licences
18. Establishment of Boards and procedure at meetings
19. Restrictions upon grant of licences
Section
20. Application for grant or renewal of licence
21. Notice of intention to object
22. Grounds for refusal of licences
22A. Power of President to revoke licences
23. Provisional grant of licence
24. Application to lapse in certain circumstances
25. Renewal of licences
26. Notification of grounds of refusal, etc.
27. Extension of permitted hours
PART IV TRANSFER AND REMOVAL OF LICENCESPART IV
TRANSFER AND REMOVAL OF LICENCES
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28. Transfer of licences
29. Power to carry on business after death, etc., of licensee
30. Protection order
31. Removal of licence
PART V LICENCE REGISTERSPART V
LICENCE REGISTERS
32. Register of licences
33. Registration of owner
34. Register to be evidence
35. Regard to be had to register
36. Inspection of register
PART VI APPEALSPART VI
APPEALS
37. Establishment of Tribunal
38. Appeal to Tribunal
39. Appeal to High Court
PART VII GENERAL PROVISIONS REGULATING SALE OF INTOXICATING
LIQUORPART VII
GENERAL PROVISIONS REGULATING SALE OF INTOXICATING LIQUOR
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40. Selling liquor without licence
Section
41. Prohibition of sale, etc., of liquor except during permitted hours
42. Liquor of kind not authorised by licence not to be kept on premises
43. Delivery of liquor
44. Breach of terms of off-licence
45. Persons under eighteen years not to be employed in bars
46. Restriction on sale, etc., of liquor to children
47. Restriction on sale of liquor to young persons for consumption on premises
48. Restriction on credit sales
49. Communication between licensed premises and places of public resort
50. Consent of Board for certain alterations
51. Particulars to be affixed to premises, etc.
52. Licensee not to permit drunkenness, etc.
53. Procuring drink for drunken persons
54. Power to exclude drunkards, etc., from licensed premises
55. Permitting licensed premises to be a brothel
56. Permitting licensed premises to be resort of prostitutes
57. Gaming on licensed premises
58. Offences in relation to police officers
PART VIII SPECIAL PROVISIONS REGARDING PASSENGER VESSEL LICENCES ON
LAKE KARIBAPART VIII
SPECIAL PROVISIONS REGARDING PASSENGER VESSEL LICENCES ON LAKE KARIBA
59. Interpretation for purposes of Part VIII
60. Application of Part VIII
61. Licensing authority for Lake Kariba
62. Restrictions upon the grant, renewal or transfer of passenger vessel licences
63. Grounds for refusal of licences
64. Conditions
65. Permitted hours and places under a passenger vessel licence
66. Breach of conditions of passenger vessel licence
67. Right to go aboard and inspect vessels
68. Application and modification of sections 20, 28, 30, 41, 45, 47, Part VII,
sections 69, 76, 80 and 81
PART IX SUPPLEMENTALPART IX
SUPPLEMENTAL
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Section
69. Closing of premises in case of riot
70. Forfeiture of licence by the Minister
71. Disposal of stock in hand where a licence is forfeited
72. Power to require structural alterations
73. Restrictions on carrying on other business
74. Sale of tobacco, etc.
75. Proof of licences, etc.
76. Evidence of sale, etc.
77. Right of police officers to enter premises
78. Search warrant
79. Offences and forfeitures
80. Notice of conviction of licensee to be given to owner
81. Temporary licence pending appeal
82. Powers of Minister
83. (Repealed by No. 47 of 1970)
SCHEDULE-Prescribed fees
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CHAPTER 167
LIQUOR LICENSING
An Act to make provision for the regulation of the sale and supply of intoxicating
liquors; and to provide for matters incidental thereto and connected therewith.
[16th January, 1959]
1 of 1959
19 of 1959
35 of 1960
45 of 1961
26 of 1963
57 of 1964
69 of 1965
17 of 1967
6 of 1968
53 of 1968
25 of 1969
47 of 1970
62 of 1970
40 of 1971
20 of 1972
Government Notices
304 of 1964
497 of 1964
502 of 1964
Statutory Instrument
91 of 1965
Act No.
53 of 1968
20 of 1970
34 of 1970
47 of 1970
4 of 1971
20 of 1972
7 of 1973
12 of 1975
8 of 1976
11 of 1976
2 of 1977
24 of 1977
6 of 1983
5 of 1988
34 of 1990
6 of 1992
8 of 1993
7 of 1994
13 of 1994
PART I PRELIMINARYPART I
PRELIMINARY
1. This Act may be cited as the Liquor Licensing Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"appropriate fee", in relation to any matter, means the fee specified in respect of
such matter in the Schedule;
"authorised officer" means an Administrative Officer or a police officer not below
the rank of Sub Inspector;
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"bar", in relation to any licensed premises, means any open drinking bar or any
part of such premises exclusively or mainly used for the sale and
consumption of intoxicating liquor;
"Board" means a Provincial Licensing Board established under the provisions of
section eighteen;
"denatured spirits" means an intoxicating liquor which by the addition of some
substance has been rendered unfit for use as a beverage;
"hotel" includes a boarding-house and any building or premises used for the
accommodation of the public in which lodgings are provided and provisions
are supplied by the keeper or manager thereof, but does not include any
Government rest house nor any school nor any premises exempted from
the provisions of the Hotels Act;
Cap. 153
"intoxicating liquor" includes any spirits, wine, ale, beer, porter, cider, perry, or
other potable liquor containing more than three per centum of proof spirits,
but does not include traditional beer as defined in the Traditional Beer Act;
Cap. 168
"licence" means a licence, other than a provisional licence, granted under the
provisions of this Act;
"licensed premises" means any premises, including a railway restaurant car, and a
passenger vessel in respect of which a licence is in force;
"licensee" means the holder of a licence;
"licensing authority" means a Board or a licensing officer;
"licensing officer", in relation to any District, means the senior Administrative
Officer for the time being present at the administrative headquarters of such
District;
"local authority" means-
(a) in the area of a municipal council, township council, mine township
board or rural council, such council or board;
(b) in any other area, the District Secretary for the District in which such
area is situate;
"meal" means substantial refreshment to which the sale of intoxicating liquor is
ancillary;
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"officer in charge of police" has the meaning assigned to it by section two of the
Zambia Police Act;
Cap. 107
"off-licence" means a wholesale liquor licence or a retail liquor licence;
"on-licence" means a bar licence, an hotel liquor licence, a private hotel liquor
licence, a restaurant licence, an airport licence or a theatre licence;
"permitted hours" means those hours of the day during which intoxicating liquor
may lawfully be supplied in licensed premises;
"prescribed" means prescribed by regulations made under the provisions of this
Act;
"proof spirits" means spirits which, at a temperature of fifty-one degrees
Fahrenheit, weigh twelve-thirteenth parts of an equal measure of distilled
water, and intoxicating liquor referred to in this Act as containing more than
three per centum of proof spirits includes intoxicating liquor containing over
1.713 per centum of alcohol by volume or 1.363 per centum of alcohol by
weight;
"protection order" means an authority to sell intoxicating liquor granted under the
provisions of section thirty;
"provisional licence" means a licence of which a provisional grant has been made
under the provisions of section twenty-three and of which such provisional
grant has not been declared final under the said section;
"register" means a register of licences kept under the provisions of section
thirty-two;
"restricted licence" means a licence which does not permit the sale of spirits;
"sealed", in relation to a container or vessel, means hermetically sealed or closed
with a plug, stopper or cap and so secured that the container or vessel
cannot be opened without the destruction of such plug, stopper or cap or of
some other substance;
"spirits" includes distilled liquors of any description, and all mixtures, compounds
and preparations made with such liquors, and any fermented liquor
containing more than fifty per centum of proof spirits;
"Tribunal" means the Appeal Tribunal established under the provisions of section
thirty-seven.
(As amended by No. 45 of 1961, No. 26 of 1963, G.N. Nos. 304 and 502 of 1964, S.I. No.
91 of 1965, No. 69 of 1965, No. 25 of 1969, and No. 24 of 1977)
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3. (1) Nothing in this Act shall apply to- Non-application
(a) any qualified medical practitioner or registered pharmacist administering or
selling for purely medical purposes any bona fide medicine containing
intoxicating liquor;
(b) any person selling any spirituous or distilled perfume or perfumery, or
medicated or methylated or otherwise denatured spirits or any medicated
wine;
(c) the sale of intoxicating liquor on any aircraft in flight over the Republic in the
course of a normal passenger service.
(2) The provisions of this Act shall not apply to-
(a) the sale of intoxicating liquor by any person acting under the order of a
court or selling any such liquor forfeited to the Government;
(b) the sale of intoxicating liquor by an executor or administrator or trustee in
bankruptcy when such liquor forms part of the estate of a deceased or
bankrupt person who was not a licensee;
(c) the sale by private arrangement of intoxicating liquor being the residue of a
reasonable stock held for private consumption by a person about to leave
the Republic;
(d) the sale of intoxicating liquor to members of the Defence Force by any bona
fide organisation engaged in supplying food or drink solely to such
members and approved as such by the Minister;
(e) the sale of intoxicating liquor, in any canteen approved for such purpose by
the Minister, to members of the Zambia Police Force, Defence Force or
Zambia Prison Service.
(As amended by S.I. No. 91 of 1965 and 11 of 1976)
PART II TYPES OF LICENCESPART II
TYPES OF LICENCES
4. (1) The following licences may be granted under the provisions of this Act: Types of licences
(a) a wholesale liquor licence;
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(b) a retail liquor licence;
(c) a bar licence;
(d) an hotel liquor licence;
(e) a private hotel liquor licence;
(f) a restaurant licence;
(g) a railway restaurant car licence;
(h) a passenger vessel licence;
(i) an airport licence;
(j) a theatre licence;
(k) a temporary licence;
(l) a club licence.
(2) Subject to the provisions of this Act, a licence, other than a temporary licence,
shall continue in force until the 31st December next following the date of issue thereof.
(As amended by No. 45 of 1961 and Act No. 12 of 1975)
5. (1) A wholesale liquor licence shall authorise the sale, on the licensed premises
for resale or consumption off such premises, of intoxicating liquor-
Wholesale liquor
licence
(a) in the case of whisky, brandy or gin, in any quantity of not less than two
gallons;
(b) in the case of wine, ale, beer, porter, cider or perry, in any quantity of not
less than two gallons;
(c) in the case of any other intoxicating liquor, in any quantity of not less than
two gallons;
sold and delivered at any one time to any one person:
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Provided that such licence shall not authorise the sale of intoxicating liquor otherwise
than in casks or in sealed bottles or other sealed vessels.
(2) Subject to the provisions of any other written law, intoxicating liquor may only be
sold under a wholesale liquor licence between the hours of seven o'clock in the morning
and six o'clock in the evening.
(As amended by No. 26 of 1963)
6. (1) A retail liquor licence shall authorise the sale, on the licensed premises for
consumption off such premises, of intoxicating liquor in any quantity:
Retail liquor licence
Provided that such licence shall not authorise the sale of intoxicating liquor otherwise
than in casks or in sealed bottles or other sealed vessels.
(2) Subject to the provisions of any other written law, intoxicating liquor may only be
sold under a retail liquor licence between the hours of seven o'clock in the morning and
six o'clock in the evening.
7. (1) A bar licence shall authorise the sale on the licensed premises of intoxicating
liquor, in any quantity, to be consumed in or upon such premises.
Bar licence
(2) Intoxicating liquor may only be sold under a bar licence between the hours of ten
o'clock in the morning and half-past ten o'clock in the evening.
8. (1) An hotel liquor licence shall authorise the sale, on the premises of an hotel for
consumption in or upon such premises, of intoxicating liquor in any quantity-
Hotel liquor licence
(a) to persons lodging at the hotel, at any hour of the day or night;
(b) to persons taking a meal in the hotel, at any hour of the day or night if such
liquor is consumed at such meal; and
(c) to any other person, between the hours of ten o'clock in the morning and
half-past eleven o'clock in the evening.
(2) An hotel liquor licence shall authorise the sale, on the premises of the hotel at
any hour of the day or night to a person who is lodging at the hotel and who is about to
make a journey of not less than thirty-two kilometres, of intoxicating liquor for consumption
during such journey by such person or his family or both.
(As amended by No. 26 of 1963)
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9. (1) A private hotel liquor licence shall authorise the sale, on the premises of an
hotel for consumption in or upon such premises, of intoxicating liquor in any quantity-
Private hotel liquor
licence
(a) to persons lodging at the hotel, at any hour of the day or night;
(b) to persons taking a meal in the hotel, at any hour of the day or night, if such
liquor is consumed at such meal.
(2) A private hotel liquor licence shall authorise the sale, on the premises of a
private hotel at any hour of the day or night to a person who is lodging at the private hotel
and who is about to make a journey of not less than thirty-two kilometres, of intoxicating
liquor for consumption during such journey by such guest or his family or both.
(No. 45 of 1961 as amended by No. 26 of 1963)
10. A restaurant licence shall authorise the sale, on the licensed premises, of
intoxicating liquor in any quantity to any person taking a meal in such premises at any
hour of the day or night if such liquor is consumed at such meal.
Restaurant licence
11. A railway restaurant car licence shall authorise the sale, on the car so licensed,
of intoxicating liquor in any quantity for consumption on the train at any time in the day or
night to any bona fide passenger on such train.
Railway restaurant car
licence
12. (1) A passenger vessel licence shall authorise the sale, on the ship or other
vessel so licensed while engaged in carrying passengers, of intoxicating liquor in any
quantity, for consumption on such ship or vessel, at any hour of the day or night.
Passenger vessel
licence
(2) Notwithstanding any other provision of this Act, no licence shall be required for
the sale on a passenger vessel of intoxicating liquor for consumption on the vessel while
in the waters or ports of the Republic, if a licence for the sale of intoxicating liquor on such
vessel granted under the laws of any other Government is in force.
13. An airport licence shall authorise-
(a) the sale, on premises forming part of an airport or aerodrome for
consumption on such premises, of intoxicating liquor in any quantity-
Airport licence
(i) to any person arriving at or departing from such airport or
aerodrome by air or lawfully using the same for purposes connected
with air travel, at any hour of the day or night; and
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(ii) to any other person, between the hours of six o'clock in the morning
and half-past ten o'clock in the evening;
(b) the sale, at any hour of the day or night, of intoxicating liquor for
consumption off the premises to any person who is a bona fide passenger
in transit through or departing from the Republic on an international flight, if
the said intoxicating liquor is sold on such part of licensed premises forming
part of an international aerodrome as is designated for such purpose by the
Minister responsible for finance pursuant to section one hundred and ninety
of the Customs and Excise Act, and if it is sold in such quantities and under
such conditions as the Minister responsible for finance, pursuant to the said
section of the said Act, may have prescribed.
(No. 6 of 1968)
Cap. 322
14. A theatre licence shall authorise the sale, in any cinema or in any other place
or building of which a portion is used as a place of entertainment, of intoxicating liquor for
consumption on the licensed premises to members of the audience, the staff and the
players from one half-hour before to one half-hour after any performance.
Theatre licence
15. A temporary licence shall authorise the sale, on the premises specified in the
licence, of intoxicating liquor in any quantity for consumption on the premises, at any place
of recreation or public amusement or other assembly for the period, not exceeding three
days, during which such recreation, amusement or assembly continues or for any less
period specified in the licence, subject to such restrictions and conditions as to the hours
during which intoxicating liquor may be supplied or otherwise as may be inserted in the
licence.
Temporary licence
15A. (1) A club licence shall authorise the sale on club premises of intoxicating
liquor in any quantity to the members of the club or their guests for consumption on or off
the club premises:
Club licence
Provided that the Minister may, by statutory instrument, prescribe the hours during
which intoxicating liquor may be sold on any day of the week.
(As amended by Act No. 12 of 1975)
16. (1) Any person applying for a licence other than a wholesale liquor licence may,
at his request and subject to the provisions of this Act, be granted a restricted licence
which shall not authorise the sale of spirits but which shall otherwise have the effect of a
licence of the type granted.
Restricted licences
(2) Notwithstanding the provisions of subsection (1), no restricted licence other than
a restricted hotel liquor licence, a restricted private hotel liquor licence or a restricted
passenger vessel licence shall be issued to any person who is not an employee of, or
authorised by, a local authority unless the Minister has, by statutory notice, declared that
the provisions of the said subsection have been applied to the area in which such
premises are situate.
(As amended by No. 45 of 1961 and G.N. No. 304 of 1964)
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16A. (1) A Board shall not grant a licence where the application for the grant of the
licence is in respect of premises within an area declared as a prescribed area for that type
of licence.
Prohibition of the grant
of licences
(2) In this section and in section eighteen 'prescribed area" means any area
declared by the Minister under section seventy-four to be a prescribed area for one or
more types of licences mentioned in paragraphs (a) to (k), both inclusive, of subsection (1)
of section four:
Provided that where the Minister has given the Board a direction in writing to
consider such an application, the Board may consider the application and grant a licence.
(As amended by Act 4 of 1971 and 20 of 1972)
PART III ESTABLISHMENT AND POWERS OF LICENSING BOARDSPART III
ESTABLISHMENT AND POWERS OF LICENSING BOARDS
17. (1) Subject to the provisions of this Act and upon payment of the appropriate
fees, licences may be granted, renewed, transferred or removed-
Grant and renewal of
licences
(a) in the case of a passenger vessel licence, by the licensing officer of the
District in which any port at which the vessel concerned calls is situate;
(b) in the case of a temporary licence, by the licensing officer of the District in
which the premises concerned are situate;
(c) in the case of a railway restaurant car licence, by the Board of the Central
Province; and
(d) in any other case, by the Board of the Province in which the premises
concerned are situate.
(2) The Minister may in any case or class of case, by Gazette notice, remit the
whole or any part of any appropriate fee due under this Act.
17A. (1) A Board shall not grant a licence where the application for the grant of the
licence is in respect of premises within an area declared as a prescribed area for that type
of licence:
Prohibition of grant of
licences
Provided that where the Minister has given the Board a direction in writing to
consider such an application, the Board may consider the application and grant a licence.
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(2) In this section, "prescribed area" means any area declared by the Minister under
section eighty-two to be a prescribed area for one or more types of licences mentioned in
paragraphs (a) to (k), both inclusive, of subsection (1) of section four.
(No. 40 of 1971 as amended by No. 20 of 1972)
18. (1) There shall be established for each Province a Provincial Licensing Board
consisting of such persons, not exceeding five in number, as the Minister may from time to
time, by Gazette notice, appoint.
Establishment of
Boards and procedure
at meetings
(2) The Minister may nominate one of the members of a Board to be the chairman
thereof, but in the absence of such chairman from any meeting of a Board the members
present at such meeting shall choose a chairman for that meeting from their number.
(3) Three members of a Board shall form a quorum and the chairman at any
meeting shall have a casting as well as a deliberative vote.
(4) The Minister may appoint a person to be the secretary to a Board.
(5) The chairman at any meeting of a Board is hereby empowered to administer any
oath required by any of the provisions of this Act relating to the giving of evidence before
such Board.
19. (1) No licence shall be granted to- Restrictions upon
grant of licences
(a) any person who is under the age of twenty-one years; or
(b) a sheriff's officer or any other officer entrusted with the execution of the
legal process of any court; or
(c) any person who has been convicted of forging a licence or of making use of
a forged licence knowing it to have been forged; or
(d) any person who has been convicted, whether under this Act or otherwise, of
permitting to be kept, or keeping, as a brothel premises for which at the
time of such conviction he held a licence; or
(e) any person who has been disqualified by a court from holding a licence
while such disqualification remains in force.
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(2) No licence shall, without the consent of the Minister, be granted or transferred
to-
(a) any person who does not reside wihin the Republic; or
(b) any person whose licence has been forfeited until after the expiration of five
years after the date of such forfeiture; or
(c) any person who has been convicted of an offence relating to the sale of
intoxicating liquor without a licence until after the expiration of five years
after the date of such conviction; or
(d) any person who has at any time been sentenced to imprisonment for any
period exceeding six months.
(3) No licence shall be granted or renewed to a company, society, partnership or
other association of persons:
Provided that nothing in this subsection shall be deemed to prevent the grant or
renewal of any licence to a person in the employ of such company, society, partnership or
association, and if any such employee to whom any such licence was granted or renewed
ceases to be employed in a position in which he is required to hold such licence, his
employer may take such steps for the transfer of the licence to some other employee, as a
licensee may take under the provisions of this Act for the transfer of his licence to some
other person.
(4) No temporary licence shall be issued in respect of the premises of a club
registered under the Clubs' Registration Act except for the purposes of a function to be
held in the club in aid of charity or for the furtherance of sporting or cultural activities
forming part of the objects of the club:
Cap. 162
Provided that, where the licensing authority is satisfied that there are no other
suitable premises available, it may at its discretion issue a temporary licence in respect of
any function to be held on the premises of such club.
(As amended by No. 45 of 1961, No. 26 of 1963, No. 40 of 1971 and No. 20 of 1972)
20. (1) Every application for the grant of a licence shall be made in the prescribed
form to the appropriate licensing authority.
Application for grant or
renewal of licence
(2) Every application for the renewal of a licence shall be made-
(a) on or before the 30th October in each year; and
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(b) to the licensing authority which granted the original licence; and
(c) in the form prescribed, signed by the licensee concerned:
Provided that a licensing authority may in its discretion consider an application for
the renewal of a licence made after the 30th October where the licensing authority is
satisfied that the delay in submitting the application was not due to the wilful or negligent
default of the applicant.
(3) Any person making or causing to be made any false statement in any application
made under the provisions of this section shall be guilty of an offence and shall be liable to
a fine not exceeding three thousand penalty units.
(4) A Board shall not consider an application for the grant or renewal of a licence,
other than a railway resturant car licence, unless it is satisfied that the applicant has given
at least twenty-one days' notice of his intention to make such application.
(5) A Board shall not consider an application for the grant of an on-licence unless
the applicant has, not less than fourteen days before the application is made, lodged with
the secretary to the Board a plan of the premises in respect of which the application is
made, together with a certificate from the local authority that the said plans have received
its approval.
(6) The notice referred to in subsection (4) shall be made in the prescribed form,
shall include an address at which service of notices and other documents may be made,
and shall be published in the Gazette and in two consecutive issues of a newspaper
circulating in the area where the premises concerned are situate, and the period of
twenty-one days mentioned in subsection (4) shall be calculated from the date of the last
publication of such notice.
(7) Evidence given on application for the grant of a licence shall be given on oath.
(As amended by No. 35 of 1960 and Act No. 13 of 1994)
21. Any person who intends to oppose an application for the grant, renewal,
transfer or removal of a licence shall give notice in writing of his intention to the applicant
and to the licensing authority concerned, specifying in general terms the grounds of his
opposition, and including an address at which service of notices and other documents
may be made, not later than fourteen days after the last publication of the notice referred
to in subsection (4) of section twenty, and unless such notice of intention has been so
given the licensing authority shall not entertain such objection.
(As amended by No. 35 of 1960 and No. 45 of 1961)
Notice of intention to
object
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22. (1) Subject to the provisions of section nineteen- Grounds for refusal of
licences
(a) a railway restaurant car licence or a passenger vessel licence shall be
granted or renewed as of right upon due application being made; and
(b) the grant of a temporary licence shall be in the uncontrolled discretion of
the licensing officer concerned, and no appeal, whether under this Act or
otherwise, shall lie from a refusal to issue such licence.
(2) A Board may refuse to grant or renew any licence, other than a licence
mentioned in subsection (1), upon any of the following grounds:
(a) that the premises concerned do not comply with the provisions of any law
for the time being in force; or
(b) that the grant or renewal of the licence would conflict with any approved or
proposed town plan or zoning area; or
(c) that the grant or renewal of such licence is calculated to cause nuisance or
annoyance to persons residing in the neighbourhood of the premises
concerned; or
(d) that the applicant is not a fit and proper person to hold a licence;
(e) in the case of a bar license-
(i) that, upon evidence given by the police, the Board is satisfied that
the granting or renewal of such licence would be detrimental to
public order; or
(ii) where the application is for a new licence, that the applicant has not
satisfied the Board that, having regard to all the circumstances of
the case including the number of existing on-licences in the area
concerned, there is a public need for such licence; or
(f) in the case of an hotel liquor licence or a private hotel liquor licence-
(i) that the hotel is not licensed under the provisions of the Hotels Act;
(ii) that the premises in respect of which the application is made do not
include at least ten bedrooms for the accommodation of guests
where such premises are situate within a municipality or a township,
or at least five such bedrooms where such premises are situate
elsewhere; or
Cap. 153
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(g) in the case of a restaurant licence-
(i) that, upon evidence given by the police, the Board is satisfied that
the granting or renewal of such licence would be detrimental to
public order; or
(ii) that the applicant does not keep, upon the premises in respect of
which the application is made, a bona fide restaurant at which meals
will regularly be provided for guests, and that such premises do not
provide reasonable facilities for persons taking meals in such
restaurant;
(h) in the case of a retail licence-
(i) where the application is for a new licence, that the applicant has not
satisfied the Board that, having regard to the circumstances of the
case including the number of existing retail licences, there is a
public need for such licence;
(ii) that the applicant carries on in the premises or in premises directly
communicating therewith any other business for which a licence
under this Act is not in force:
Provided that-
A. the provisions of sub-paragraph (ii) shall not apply where the only
goods sold in the course of such other business are one or more of
the following: tobacco, tobacco products, smokers' and cocktail
requisites, mineral waters, cordials and similar non-alcoholic
beverages;
B. the provisions of this paragraph shall not apply where it is proved to
the satisfaction of the Board that, having regard to the area in which
the premises are situate and to the amount of stock carried, such
other business includes in its business a substantial grocery
business.
(3) An application by a person who is not a citizen of Zambia for the grant or
renewal of a bar licence or a retail licence shall be refused unless-
(a) such application is in respect of premises within a prescribed area; or
(b) where such application is in respect of premises outside a prescribed area,
the Minister has in writing exempted the applicant from the provisions of
this subsection.
(4) Where the renewal of an existing retail licence is refused solely on the ground
set out in sub-paragraph (ii) of paragraph (h) of subsection (2) or where the renewal of an
existing bar licence or retail licence is refused solely on the ground set out in subsection
(3), the Board shall, on payment of a proportionate fee, grant a licence for such period not
exceeding six months as it shall deem sufficient to enable the applicant to dispose of his
stock.
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(5) In this section-
"citizen of Zambia" has the same meaning as in subsection (4) of section
seventeen of the Trades Licensing Act;
"prescribed area" means any area declared by the Minister under section
eighty-two to be a prescribed area.
(As amended by No. 35 of 1960, No. 45 of 1961 and
No. 53 of 1968)
Cap. 393
22A. (1) The President may at any time, by statutory instrument, revoke any licence
granted under this Act and, notwithstanding anything to the contrary in this Act contained,
any licence so revoked shall expire upon the commencement of such statutory instrument.
Power of President to
revoke licences
(2) Notwithstanding anything to the contrary contained in this Act, where a licence
has been revoked as aforesaid the holder shall be entitled to appoint a person of his own
choice to dispose of his stock within one month after such revocation.
(No. 62 of 1970)
23. (1) Where a Board is satisfied, on application made by any person interested in
any premises about to be constructed or in the course of construction for the purposes of
being used as licensed premises, that such premises would, if completed in accordance
with the plans deposited under this Act, be such that the Board would have granted a
licence of the type required in respect of such premises, the Board may make a
provisional grant of such licence for such premises.
Provisional grant of
licence
(2) The provisions of this section shall not apply to a railway restaurant car.
(3) The provisional grant of a licence-
(a) shall have effect for a period of twelve months from the date upon which
such grant was made; and
(b) shall not be valid until the Board concerned has declared it final.
(4) A Board shall, when an application for that purpose is made to it within the
period of twelve months referred to in paragraph (a) of subsection (3), declare such grant
final on being satisfied-
(a) that the premises have been completed in accordance with the plans
deposited; and
(b) that the holder of the provisional licence is not disqualified by this or any
other written law from holding a licence.
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(5) No fee shall be payable upon the provisional grant of a licence but the
appropriate fee for the licence shall be paid upon the declaration of such provisional grant
as final.
(As amended by No. 26 of 1963)
24. Where on an application the Board has decided to grant or renew a licence
and the appropriate fee for such grant or renewal has not been paid within thirty days from
the date upon which the Board has notified the applicant of its decision, such application
shall lapse.
(No. 35 of 1960)
Application to lapse in
certain circumstances
25. (1) For the purposes of this Act, the renewal of a licence shall mean renewal
subject to the same conditions as the original licence and subject to any further conditions
which may be imposed under the provisions of this Act at the time of such renewal.
Renewal of licences
(2) On any application for the renewal of an on-licence, the Board concerned may
require a plan of the premises to be deposited with the secretary to the Board together
with a certificate from the local authority that the said plan has received its approval.
(3) Evidence given on an application for the renewal of a licence shall be given on
oath.
26. A licensing authority shall, at the request of an applicant other than an
applicant for a temporary licence, inform such applicant of the grounds on which the grant
or renewal of a licence has been refused or conditions have been imposed.
Notification of grounds
of refusal, etc.
27. (1) A licensing officer may, in special circumstances and upon payment of the
appropriate fee, grant an extension of the hours during which intoxicating liquor may be
sold on the premises of a licence holder.
Extension of permitted
hours
(2) No extension shall be granted under the provisions of this section in respect of
more than one period of twenty-four hours at any one time.
PART IV TRANSFER AND REMOVAL OF LICENCESPART IV
TRANSFER AND REMOVAL OF LICENCES
28. (1) For the purposes of this Act, the transfer of a licence means the substitution,
upon payment of the appropriate fee, of some other person as licensee of premises in
place of the person who holds or has held a licence for such premises.
Transfer of licences
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(2) A person applying for the transfer of a licence shall, not less than fourteen days
before such application is made, give notice in writing of his intention to make such
application to-
(a) the licensee where such application is not made by such licensee; and
(b) the officer in charge of police in the area in which the licensed premises are
situate.
(3) The transfer of a licence shall not be granted except in the following cases and
to the following persons, that is to say:
(a) where the licensee has died, to his representative or the new tenant or
occupier of the premises;
(b) where the licensee is incapable, through illness or other infirmity, of carrying
on business under the licence, to his assigns or the new tenant or occupier
of the premises;
(c) where the licensee is adjudged bankrupt, or a trustee is appointed in
pursuance of a composition scheme to administer the property or manage
the business of the licensee, or a trustee is appointed under a deed of
arrangement for the benefit of the creditors of the licensee, to his trustee or
the new tenant or occupier of the premises;
(d) where the licensee has, or his representatives have, given up occupation of
the licensed premises, to the new tenant or occupier of such premises or to
the person to whom the representatives or assigns have, for sale or
otherwise, bona fide, conveyed or made over the interest in the premises;
(e) where the occupier of the licensed premises, being about to quit them, has
wilfully omitted or neglected to apply for a renewal of the licence, to the new
tenant or occupier of such premises;
(f) where the owner of such licensed premises or some person on his behalf
has been granted a protection order under the provisions of section thirty,
to the owner or person applying on his behalf;
(g) where an employer wishes a licence to be transferred from one employee
to another in accordance with the proviso to subsection (3) of section
nineteen.
(4) In a case arising under paragraph (f) of subsection (3), the licence may be
transferred, notwithstanding that it has been forfeited, as if it were still valid.
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(5) A licensing authority shall not grant a transfer of a licence unless such authority
is reasonably satisfied that the transfer is to a fit and proper person.
29. (1) Where a licensee dies, or is adjudged bankrupt, or a trustee is appointed in
pursuance of a composition or scheme to administer the property or manage the business
of a licensee, or a trustee is appointed under a deed of arrangement for the benefit of the
creditors of a licensee, section forty shall not prohibit the sale of intoxicating liquor by the
personal representatives or the trustee, as the case may be, during a period of three
months after such death, adjudication or appointment:
Power to carry on
business after death,
etc., of licensee
Provided that this section shall not exempt from the prohibition imposed by the said
section a sale that would not have been authorised if the licence had been transferred to
the representatives or the trustee.
(2) Where an application is made for a transfer of a licence affected by the
provisions of subsection (1) within the period of three months mentioned in subsection (1)
and the licensing authority adjourns consideration of the application, the said period of
three months shall, if necessary, be extended to the date of the hearing of the application.
30. (1) Where a person proposes to apply for the transfer of a licence to him, the
licensing officer of the District in which the licensed premises are situate may, upon the
application of such person and if such officer is satisfied that the applicant is a person to
whom the transfer of the licence could be granted under the provisions of this Act, grant
him authority (hereinafter referred to as a protection order) to sell intoxicating liquor as if
he were the holder of the licence concerned.
Protection order
(2) Where-
(a) a licence is forfeited under any of the provisions of this Act; or
(b) a licence holder becomes disqualified under the provisions of section
nineteen for holding a licence;
a licensing officer may grant a protection order to any owner of the licensed premises or to
any other person authorised by such owner, notwithstanding the forfeiture or the previous
licence holder's disqualification:
Provided that a protection order shall not be granted to the person whose licence
has been forfeited or who has become disqualified.
(3) The provisions of this Act relating to the regulation, government or control of
licensees shall, while a protection order is in force, apply to the person to whom the order
has been granted as they apply to a licensee.
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(4) A protection order shall remain in force for a period of three months:
Provided that, where application is made for the transfer of the licence affected
within the said period of three months and the licensing authority adjourns consideration of
such application, the said period shall, if necessary, be extended to the date of the hearing
of such application.
(5) A licensing officer to whom application is made for a protection order may
examine on oath the applicant or any person giving evidence before him.
(6) A protection order shall not be granted unless the applicant has, not less than
forty-eight hours before the application, given notice in writing to the officer in charge of
police in the area in which the licensed premises are situate, signed by the applicant or his
authorised agent, and stating his name and address and his trade or calling during the six
months preceding the giving of the notice.
(7) The licensing officer by whom a protection order is granted shall endorse a
memorandum of such order on the licence.
(8) There shall be payable, upon the grant of a protection order, the appropriate fee.
(As amended by No. 17 of 1967)
31. (1) For the purposes of this Act, the removal of a licence means taking the
licence from the premises for which it is in force and endorsing it for other premises within
the same Province.
Removal of licence
(2) An application for the removal of a licence shall be made in the prescribed form
by the person wishing to hold the licence after removal, and the provisions of section
nineteen, subsections (3) to (6), inclusive, of section twenty, and section twenty-two shall
apply to any such application as they apply to an application for the grant or renewal of a
licence.
(3) Without prejudice to any other power of a Board to refuse to grant the removal of
a licence, a Board shall not grant any such removal unless it is satisfied that no objection
is made thereto by the person or persons owning and having control of the business
carried on in the licensed premises from which it is sought to remove such licence or by
the licensee.
(4) There shall be payable, upon the grant of a removal of a licence, the appropriate
fee.
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(5) A Board may make a provisional grant of removal of a licence to premises about
to be constructed or in the course of construction, and the provisions of section
twenty-three shall apply to such a provisional grant as they apply to the provisional grant
of a licence.
(6) The provisions of this section shall not apply to a railway restaurant car licence,
a passenger vessel licence or to a temporary licence.
PART V LICENCE REGISTERSPART V
LICENCE REGISTERS
32. (1) A licensing authority shall cause to be kept a register of licences, in the
prescribed form, containing particulars of all licences granted by the authority, the
premises for which they were granted, the names of the owners of those premises and the
names of the licensees.
Register of licences
(2) A licensing authority shall cause to be entered in the register of licences notice
of any conviction of any licensee entered in such register of an offence committed by him
as such, including any offence against the provisions of any written law relating to the
adulteration of drink, and the clerk of the court by which any such licensee is so convicted
shall forthwith send notice of such conviction to the licensing authority concerned.
33. (1) Every person applying for the grant, renewal or removal of a licence shall
state the name of the person for the time being entitled to receive, either on his own
account or as mortgagee or other encumbrancer in possession, the rack-rent of the
premises in respect of which the application is made, and the licensing authority shall
cause such name to be entered in the register as the name of the owner of such premises
and such name shall be endorsed on the licence.
Registration of owner
(2) A licensing authority shall also, on the application of any person whose name is
not entered under subsection (1) in the register, and who has an estate or interest in the
premises concerned, whether as owner, lessee or mortgagee, prior or paramount to that
of the occupier, enter such person's name in the register as an owner of the premises:
Provided that, where any such estate or interest is vested in two or more persons
jointly, one only of such persons shall be registered as representing that estate or interest.
(3) Any reference in this Act to the registered owner of the premises shall be
construed as a reference to any person whose name is for the time being entered in the
register under the provisions of this section.
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34. (1) Any register shall be received in evidence of the matters required by this or
any other written law to be entered therein.
Register to be
evidence
(2) Any document purporting to be certified by a licensing officer or by the secretary
to a Board to be a true copy of an entry in a register shall be received as evidence of the
matters contained in such entry.
35. On any application for the grant, renewal, transfer or removal of a licence, the
licensing authority concerned shall have regard to any entries in the register relating to the
person by whom or the premises for which the licence is to be held.
Regard to be had to
register
36. Any register shall be open to inspection by members of the public at all
reasonable times upon payment of the appropriate fee:
Inspection of register
Provided that no public officer shall be required to pay any fee for inspection of a
register.
PART VI APPEALSPART VI
APPEALS
37. (1) The Minister shall appoint an Appeal Tribunal consisting of a chairman and
two other members for the purpose of hearing appeals under the provisions of this Act.
Establishment of
Tribunal
(2) The Minister may appoint a person to be secretary of the Tribunal.
(3) The chairman of the Tribunal is hereby empowered to administer any oath
required by any of the provisions of this Act relating to the giving of evidence before the
Tribunal.
(As amended by S.I. No. 91 of 1965)
38. (1) Any person who, being an applicant for- Appeal to Tribunal
(a) the grant of a licence, other than a temporary licence; or
(b) the provisional grant of a licence; or
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(c) the renewal, transfer or removal of a licence;
is aggrieved by the decision of a licensing authority thereon, by any condition attached to
the grant, renewal, transfer or removal of a licence, or by any order made under the
provisions of section seventy-two, may appeal to the Tribunal.
(2) Notice of any appeal under the provisions of this section shall be given to the
Tribunal within thirty days of the decision appealed against:
Provided that the chairman of the Tribunal may in his discretion extend the time for
giving notice of appeal.
(3) Upon the entry of any appeal under the provisions of this section, the appellant
shall pay the appropriate fee and a notice of appeal shall not be deemed to have been
given to the Tribunal until such fee has been received by the secretary to the Tribunal.
(4) In any appeal under the provisions of this section, the parties thereto shall be the
appellant, any person who has validly taken objection to the original application and who
wishes to appear on such appeal, and the licensing authority concerned, and no other
person shall be entitled to be heard on such appeal.
(5) An appellant in any appeal under the provisions of this section shall serve on all
persons who, by virtue of subsection (4), may be respondents to such appeal copies of his
notice and grounds of appeal.
(6) Any party to an appeal before the Tribunal may appear in person or by counsel,
and a Board may appear by counsel or by a member of the Board nominated for such
purpose by the chairman of the Board.
(7) Where a licensing authority is a party to an appeal before the Tribunal, such
authority may, in lieu of appearing before the Tribunal, send to the secretary thereof and
to the appellant a statement of the reasons why such authority considers that the appeal
should not be allowed, and such statement, if it purports to be signed by the chairman or
secretary of a Board or by a licensing officer, shall be received in evidence by the
Tribunal.
(8) Pending the determination of an appeal against refusal to renew a licence, such
licence shall be deemed to remain in force until such determination.
(9) The Tribunal-
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(a) may, by notice in writing, require any person, subject to the payment or
tender of the reasonable expenses of his attendance, to attend as a witness
and give evidence or to produce any documents in his possession or power
which relate to any matter in question on an appeal under the provisions of
this section, and if any person, without reasonable excuse, fails to comply
with any of the requirements of such a notice, he shall be guilty of an
offence and shall be liable to a fine not exceeding three thousand penalty
units:
Provided that no person shall be required to produce any book or
account, voucher or receipt which directly refers to his business or trading;
(b) shall have the power to take evidence on oath and to make such other
investigations as it may deem fit in assisting it to come to a decision
regarding any matter before it;
(c) may award to any party to an appeal such costs as the Tribunal considers
reasonable, and direct by what parties such costs are to be paid, and any
person failing to comply with the provisions of any order made under this
paragraph shall be guilty of an offence and shall be liable to a fine not
exceeding three thousand penalty units, and the costs awarded may be
recovered, from the party ordered to pay such costs by the party to whom
they were awarded, by civil action:
Provided that where a licensing authority submits a statement under
the provisions of subsection (7) and does not appear before the Tribunal,
no costs shall be awarded against such authority.
(10) The Tribunal shall hear and determine the matter of any appeal brought before
it and may make such order therein in addition to or in substitution for the matter appealed
against as it thinks fit, or may refer the matter back to the licensing authority concerned
with the directions of the Tribunal which shall be binding on such authority.
(As amended by Act No. 13 of 1994)
39. (1) Any party to an appeal who is dissatisfied with the decision of the Tribunal
may appeal to the High Court on a question of law but not on a question of fact, and notice
of any such appeal shall be given to the High Court within thirty days of the decision of the
Tribunal.
Appeal to High Court
(2) On the hearing of any appeal under the provisions of this section, the High Court
may allow the appeal and direct the licensing authority concerned accordingly, or may
dismiss the appeal, or may refer the matter back to the Tribunal or the licensing authority
for rehearing in accordance with the directions of the High Court.
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PART VII GENERAL PROVISIONS REGULATING SALE OF INTOXICATING
LIQUORPART VII
GENERAL PROVISIONS REGULATING SALE OF INTOXICATING LIQUOR
40. (1) Subject to the provisions of this Act, if any person- Selling liquor without
licence
(a) sells any intoxicating liquor without holding a licence authorising him to sell
such liquor; or
(b) being a licensee, sells any intoxicating liquor except in the licensed
premises concerned;
he shall be guilty of an offence.
(2) A person convicted of an offence under the provisions of subsection (1) shall be
liable-
(a) on a first conviction, to a fine not exceeding three thousand penalty units or
to imprisonment for a period not exceeding three months, or to both.
(b) on a second conviction, to a fine not exceeding six thousand penalty units
or to imprisonment for a period not exceeding six months, or to both;
(c) on a third or subsequent conviction, to a fine not exceeding six thousand
penalty units or to imprisonment for a period not exceeding twelve months,
or to both.
(3) A licensee shall, on his second or subsequent conviction under the provisions of
this section, forfeit his licence.
(4) The court by which a person is convicted of an offence under the provisions of
this section committed after a previous conviction of such an offence may order him to be
disqualified for holding a licence-
(a) on a second conviction, for a period not exceeding five years;
(b) on a third or subsequent conviction, for any term of years or for life.
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(5) The court by which a licensee is convicted of an offence under the provisions of
this section may declare all intoxicating liquor found in his possession, and the vessels
containing it, to be forfeited.
(As amended by Act No. 13 of 1994)
41. (1) Subject to the provisions of this Act, no person shall- Prohibition of sale,
etc., of liquor except
during permitted hours
(a) except during the permitted hours, himself, or by his servant or agent, sell
or supply to any person in any licensed premises any intoxicating liquor to
be consumed either on or off the licensed premises; or
(b) except during the permitted hours, consume in, or take from, or permit any
person to consume in or take from, any such premises any intoxicating
liquor:
Provided that intoxicating liquor sold during the per-mitted hours may
be consumed on the licensed premises up to-
(i) fifteen minutes after the conclusion of the permitted hours in the
case of intoxicating liquor sold under a bar licence; and
(ii) half an hour after the conclusion of the permitted hours in the case
of intoxicating liquor sold under an hotel liquor licence.
(2) Nothing in subsection (1) shall prohibit or restrict-
(a) the sale or supply to, or consumption by, any person of intoxicating liquor in
any premises where he is residing, or the supply of intoxicating liquor for
consumption on the premises of a licensed hotel or a licensed private hotel
to any private friends of any person lodging therein and bona fide
entertained by him at his own expense, or the consumption of intoxicating
liquor by persons so supplied;
(b) the supply of intoxicating liquor for consumption on licensed premises to
any private friends of the licensee bona fide entertained by him at his own
expense, or the consumption of intoxicating liquor by persons so supplied.
(3) If any person contravenes the provisions of this section, he shall be guilty of an
offence and shall be liable to a fine not exceeding one thousand five hundred penalty
units.
(As amended by No. 45 of 1961 and Act No. 13 of 1994)
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42. If the holder of a restricted licence has in his possession on the licensed
premises any spirits without reasonable excuse, he shall be guilty of an offence and shall
be liable, on a first conviction, to a fine not exceeding three hundred penalty units and, on
a subsequent conviction, to a fine not exceeding six hundred penalty units, and in either
case shall forfeit such spirits and the vessels containing it.
Liquor of kind not
authorised by licence
not to be kept on
premises
43. (1) A person shall not, in pursuance of a sale by him of intoxicating liquor,
deliver that liquor, either himself or by his servant or agent, from any van, barrow, basket
or other vehicle or receptacle unless the person delivering the liquor carries a delivery
book or invoice in which there has been entered, before the liquor was despatched, the
quantity, description and price of the liquor and the name and address of the person to
whom it was to be supplied.
Delivery of liquor
(2) A person shall not, himself or by his servant or agent-
(a) carry in any van, barrow, basket or other vehicle or receptacle while in use
for the delivery of intoxicating liquor in pursuance of a sale by that person
any intoxicating liquor that is not entered in a delivery book or invoice under
the provisions of subsection (1);
(b) deliver in pursuance of a sale by him any intoxicating liquor at any address
not entered as aforesaid.
(3) A person shall not, by himself or by his servant or agent, refuse to allow a police
officer to examine any van, barrow, basket or other vehicle or receptacle while in use for
the distribution or delivery of any intoxicating liquor or to examine any delivery book or
invoice carried under the provisions of subsection (1).
(4) A licensee shall not be guilty of an offence under this section committed by his
servant or agent if he proves that such offence was committed without his knowledge or
consent.
(5) Nothing in this section shall prohibit or restrict the delivery of intoxicating liquor to
a trader for the purposes of his trade.
(6) Any person guilty of an offence under the provisions of this section shall be liable
to a fine not exceeding nine hundred penalty units.
(As amended by Act No. 13 of 1994)
44. (1) Where a person, having purchased intoxicating liquor from premises
licensed under an off-licence, drinks such liquor-
Breach of terms of
off-licence
(a) in the licensed premises; or
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(b) in premises adjoining or near the licensed premises that belong to the
licence holder or are under his control or used by his permission; or
(c) on a highway adjoining such premises;
then, if the drinking is with the privity of the licensee, such licensee shall be guilty of an
offence.
(2) If the holder of an off-licence with intent to evade the terms and conditions of or
attaching to such licence, takes, or suffers any person to take, any intoxicating liquor from
the licensed premises for the purpose of its being sold on his account or for his benefit or
profit, he shall be guilty of an offence.
(3) For the purposes of subsection (2), if liquor is taken for the purpose of its being
drunk in any house, tent, shed or other building belonging to the licensee, or hired, used
or occupied by him, the burden of proving that he did not intend to evade the terms and
conditions of or attaching to his licence shall lie upon him.
(4) Any person guilty of an offence under the provisions of this section shall be
liable, on a first conviction, to a fine not exceeding three hundred penalty units and, upon
a subsequent conviction, to a fine not exceeding six hundred penalty units.
(As amended by Act No. 13 of 1994)
45. (1) If any person who is under the age of eighteen years or whose licence has
been forfeited under section seventy is employed in any bar of licensed premises at a time
when the bar is open for the sale or consumption of intoxicating liquor, the licensee shall
be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding one
hundred and fifty penalty units and, on a subsequent conviction, to a fine not exceeding
six hundred penalty units.
Persons under
eighteen years not to
be employed in bars
(2) For the purposes of this section, a person shall not be deemed to be employed
in a bar by reason only that in the course of his employment in some other part of the
premises he enters the bar for the purpose of giving or receiving any message or of
passing to or from some other part of the premises, not being a bar, being a part to or
from which there is no other convenient means of access or egress.
(3) For the purposes of this section, a person shall be deemed to be employed by
the person for whom he works notwithstanding that he receives no wages for his work.
(4) Where in any proceedings under the provisions of this section it is alleged that a
person was at any time under the age of eighteen years, and he appears to the court then
to have been under such age, for the purposes of such proceedings he shall be deemed
to have been then under that age unless the contrary be shown.
(As amended by No. 17 of 1967 and Act No. 13 of 1994)
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46. (1) A licensee shall not knowingly sell or deliver, or allow any other person to
sell or deliver, intoxicating liquor to a person under the age of fourteen years:
Restriction on sale,
etc., of liquor to
children
Provided that this subsection shall not prohibit the sale or delivery of intoxicating
liquor to any such person-
(a) at the residence or working place of the purchaser; or
(b) in sealed vessels in quantities not less than 1.75 reputed litres for
consumption off the premises only.
(2) A person shall not knowingly send any person under the age of fourteen years to
any place where intoxicating liquor is sold or delivered in pursuance of a sale for the
purpose of obtaining intoxicating liquor except for the purpose of obtaining it in sealed
vessels in quantities not less than one reputed pint for consumption off the premises only.
(3) This section shall not prohibit a licensee from delivering intoxicating liquor to a
person under the age of fourteen years who is a member of his family or his servant or
apprentice and is employed as a messenger to deliver intoxicating liquor, or the sending of
such a person to the licensed premises to obtain intoxicating liquor.
(4) If any person contravenes any of the provisions of this section, he shall be guilty
of an offence and shall be liable, on a first conviction, to a fine not exceeding sixty penalty
units and on a subsequent conviction, to a fine not exceeding one hundred and fifty
penalty units.
(As amended by Act No. 13 of 1994)
47. (1) A licensee shall not knowingly sell, or allow any other person to sell, and a
servant of a licensee shall not knowingly sell, intoxicating liquor to be consumed on the
premises to a person under the age of eighteen years.
Restriction on sale of
liquor to young
persons for
consumption on
premises
(2) A person under the age of eighteen years shall not buy or attempt to buy in
licensed premises intoxicating liquor to be consumed by him on the premises.
(3) Nothing in subsections (1) and (2) shall prohibit the sale to or purchase by a
person who has attained the age of sixteen years of intoxicating liquor, other than spirits,
for consumption at a meal in a part of the premises usually set apart for the service of
meals that is not a bar.
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(4) A licensee, or any servant of a licensee, shall not knowingly-
(a) allow any person under the age of eighteen years to consume intoxicating
liquor in any bar in the premises;
(b) allow any person under the age of sixteen years to enter or remain in any
such bar:
Provided that this paragraph shall not apply to any child under the
apparent age of three years, and actually carried by some other person,
who is in any place where traditional beer, as defined in the Traditional Beer
Act, is sold.
Cap. 168
(5) No person shall buy or attempt to buy intoxicating liquor for consumption in a bar
in any licensed premises by a person under the age of eighteen years.
(6) If any person contravenes the provisions of this section, he shall be guilty of an
offence and shall be liable, on a first conviction, to a fine not exceeding thirty penalty units
and, on a subsequent conviction, to a fine not exceeding sixty penalty units.
(As amended by No. 45 of 1961 and Act No. 13 of 1994)
48. (1) No person shall- Restriction on credit
sales
(a) himself or by his servant or agent, sell in any licensed premises intoxicating
liquor to be consumed on the premises; or
(b) consume intoxicating liquor on any such premises;
unless it is paid for before or at the time when it is sold:
Provided that-
(i) if the liquor is sold or consumed at a meal supplied at the same time and is
consumed with the meal, and the liquor is paid for together with the meal;
or
(ii) if the liquor is supplied to the order of any person actually boarding or
residing in the premises;
no offence shall be committed under this subsection.
(2) If any person contravenes the provisions of this section, he shall be guilty of an
offence and shall be liable to a fine not exceeding nine hundred penalty units.
(As amended by Act No. 13 of 1994)
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49. (1) If any person makes or uses, or allows to be made or used, any internal
communication between licensed premises and any premises, other than licensed
premises, used as a place of public resort or as a refreshment house, he shall be guilty of
an offence, and shall be guilty of a further offence for every day on which the
communication remains open.
Communication
between licensed
premises and places
of public resort
(2) A person guilty of an offence under the provisions of this section shall be liable
to a fine not exceeding three hundred penalty units and, if he is a licensee, he shall on
conviction forfeit his licence.
(As amended by Act No. 13 of 1994)
50. (1) No alteration shall be made to premises for which an on-licence is in force if
the alteration-
Consent of Board for
certain alterations
(a) gives increased facilities for drinking; or
(b) conceals from observation any part of the premises used for drinking; or
(c) affects the communication between the part of the premises where
intoxicating liquor is sold and any other part of the premises or any street or
other public way;
unless the Board of the Province in which such premises are situate has consented in
writing to such alteration and the appropriate fee has been paid by the licensee or such
alteration is required by order of some lawful authority.
(2) Before considering an application for consent under the provisions of this
section, a Board may require plans of the proposed alteration to be deposited with the
secretary to the Board at such time as it may determine, together with a certificate from
the local authority that the said plans have received its approval.
(3) Where any alteration is made to licensed premises in contravention of the
provisions of subsection (1), the licensee shall be guilty of an offence and shall be liable to
a fine not exceeding three hundred penalty units, and the court by whom such licensee is
convicted may declare the licence to be forfeited or direct that within a time fixed by the
order the premises shall be restored to its original condition, and any person who fails to
comply with any such order shall be guilty of an offence under this section.
(As amended by Act No. 13 of 1994)
51. (1) Every licensee, other than the holder of a temporary licence, shall- Particulars to be
affixed to premises,
etc.
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(a) keep painted on or affixed to the licensed premises in a conspicuous place
his name and after the name the word "licensed" followed by words
sufficient to express the business for which the licence is granted; and
(b) display, or cause to be displayed, his licence in a prominent position in the
licensed premises.
(2) A person shall not have on his premises words or letters importing that he is
authorised, as licensee, to sell any intoxicating liquor that he is not authorised to sell.
(3) If any person contravenes the provisions of this section, he shall be liable, on a
first conviction, to a fine not exceeding three hundred penalty units and, on a subsequent
conviction to a fine not, exceeding one hundred and sixty penalty units.
(As amended by Act No. 13 of 1994)
52. (1) Any licensee who permits drunkenness or any violent, quarrelsome or
riotous conduct to take place on the licensed premises shall be guilty of an offence.
Licensee not to permit
drunkenness, etc.
(2) If a licensee is charged under subsection (1) with permitting drunkenness, and it
is proved that any person was drunk in the licensed premises, the burden of proving that
the licensee and the persons employed by him took all reasonable steps for preventing
drunkenness in the premises shall lie upon him.
(3) Any licensee who sells intoxicating liquor to a drunken person shall be guilty of
an offence.
(4) Any person guilty of an offence under the provisions of this section shall be
liable, on a first conviction, to a fine not exceeding six hundred penalty units and, on a
subsequent conviction, to a fine not exceeding one thousand five hundred penalty units
and to forfeiture of his licence.
(As amended by Act No. 13 of 1994)
53. (1) Any person who, in licensed premises, procures or attempts to procure any
intoxicating liquor for consumption by a drunken person shall be guilty of an offence.
Procuring drink for
drunken persons
(2) Any person who aids a drunken person in obtaining or consuming intoxicating
liquor in licensed premises shall be guilty of an offence.
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(3) Any person guilty of an offence under the provisions of this section shall be liable
to a fine not exceeding one thousand and five hundred penalty units or to imprisonment
for a period not exceeding one month, or to both.
54. (1) Without prejudice to any other right to refuse a person admission to
premises or to expel a person from premises, a licensee or his servant or agent may
refuse to admit to, or may expel from, the licensed premises any person who is drunken,
violent, quarrelsome or disorderly, or whose presence in his premises would subject the
licensee to a penalty under this Act or any other written law.
Power to exclude
drunkards, etc., from
licensed premises
(2) If any person liable to be expelled from licensed premises under the provisions
of this section, when requested by the licensee or his servant or agent or any police officer
to leave the premises, fails to do so, he shall be guilty of an offence and liable to a fine not
exceeding one hundred and fifty penalty units.
(3) Any police officer shall, on the demand of a licence holder or his servant or
agent, help to expel from the licensed premises any person liable to be expelled therefrom
under the provisions of this section, and may use such force as may be required for such
purpose.
55. (1) If a licensee permits the licensed premises to be a brothel, he shall be guilty
of an offence and shall be liable to a fine not exceeding six hundred penalty units.
Permitting licensed
premises to be a
brothel
(2) If a licensee is convicted, whether under this section or under any other
enactment, of permitting his premises to be a brothel, he shall forfeit his licence.
(As amended by Act No. 13 of 1994)
56. (1) A licensee shall not knowingly allow the licensed premises to be the habitual
resort or place of meeting of reputed prostitutes, whether the object of their so resorting or
meeting is or is not prostitution:
Permitting licensed
premises to be resort
of prostitutes
Provided that this section shall not prohibit his allowing any such persons to remain
in the premises for the purpose of obtaining reasonable refreshment for such time as is
necessary for that purpose.
(2) If a licensee contravenes the provisions of this section, he shall be guilty of an
offence and shall be liable, on a first conviction, to a fine not exceeding three hundred
penalty units and, on a subsequent conviction, to a fine not exceeding six hundred penalty
units.
(As amended by Act No. 13 of 1994)
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57. (1) If a licensee suffers any unlawful game to be carried on in his premises, he
shall be guilty of an offence and shall be liable, on a first conviction, to a fine not
exceeding three hundred penalty units and, on a subsequent conviction, to a fine not
exceeding six hundred penalty units.
Gaming on licensed
premises
(2) The conviction of a licensee of opening, keeping or using his premises, or of
suffering his premises to be opened, kept or used as a gaming house under any other
enactment shall be deemed to be a conviction under this section.
(As amended by Act No. 13 of 1994)
58. If a licensee-
(a) knowingly suffers to remain on his premises any police officer during any
part of the time appointed for such police officer's being on duty, except for
the execution of such duty; or
(b) knowingly supplies any liquor or refreshment, whether by way of gift or sale,
to any police officer on duty except by authority of a superior officer of such
police officer; or
(c) bribes or attempts to bribe any police officer;
he shall be guilty of an offence and shall be liable, on a first conviction, to a fine not
exceeding three hundred penalty units and, on a subsequent conviction, to a fine not
exceeding six hundred penalty units.
(As amended by Act No. 13 of 1994)
Offences in relation to
police officers
PART VIII PART VIII
SPECIAL PROVISIONS REGARDING PASSENGER VESSEL LICENCES ON LAKE KARIBA
59. For the purposes of this Part, unless the context otherwise requires-
(No. 45 of 1961)
Interpretation for
purposes of Part VIII
"crew" includes any person employed in a passenger vessel;
"Lake Kariba" means the area of water formed by the construction of the dam at
Kariba Gorge;
"licensed passenger vessel" means a passenger vessel in respect of which there is
in force a licence granted under the provisions of this Act or a currently
valid licence for the sale of intoxicating liquor on a passenger vessel
granted under the laws of Southern Rhodesia;
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"master" means any person having for the time being command or charge of a
passenger vessel;
"open water" means that area of Lake Kariba which is not within one hundred
yards of the shore of Lake Kariba.
60. (1) This Part shall apply only to vessels while on Lake Kariba. Application of Part VIII
(2) The provisions of this Part shall be in addition to and not in derogation of any
provisions of any other Part of this Act except so far as those provisions are inconsistent
with the provisions of this Part, and if any provision of any other Part is inconsistent with
any provision of this Part, then the provision of this Part shall prevail and the provision of
that other Part shall to the extent of the inconsistency be of no effect.
61. (1) Licenses for passenger vessels on Lake Kariba may be granted, renewed,
or transferred by the Board for the Southern Province.
Licensing authority for
Lake Kariba
(2) A temporary licence in respect of a passenger vessel on Lake Kariba may be
granted by the licensing officer of the Gwembe District.
62. (1) No passenger vessel licence shall be granted or transferred to any person
other than the master of a passenger vessel.
Restrictions upon the
grant, renewal or
transfer of passenger
vessel licenses
(2) No passenger vessel licence shall be granted or renewed in respect of any
passenger vessel unless it complies with the provisions of any law for the time being in
force relating to the registration of vessels or the licensing of vessels to carry passengers.
(3) No passenger vessel licence or restricted passenger vessel licence shall be
granted if an application for a similar licence by the applicant or in respect of the same
vessel has been refused by the appropriate licensing authority under the Liquor Act, 1953,
of Southern Rhodesia, as amended from time to time by subsequent Acts, within a period
of twelve months before the date on which application is made for such first mentioned
licence.
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63. The Board for the Southern Province may refuse to grant or renew any
passenger vessel licence upon any of the following grounds:
(a) that the applicant is not a fit and proper person to hold a licence; or
(b) that, upon evidence given by the police, the Board for the Southern
Province is satisfied that the granting or renewal of such licence would be
detrimental to public order; or
(c) where the application is for a new licence, that the applicant has not
satisfied the Board for the Southern Province that, having regard to all the
circumstances of the case including the number of existing licensed
passenger vessels on Lake Kariba, there is a public need for such licence.
Grounds for refusal of
licences
64. A passenger vessel licence shall be subject to such conditions as to the
standards in the quality of the services to be provided in the passenger vessel as the
Board for the Southern Province may think fit to insert in the licence.
Conditions
65. A passenger vessel licence issued under this Part shall authorise the sale of
intoxicating liquor on a licensed passenger vessel-
(a) to any bona fide passenger or any member of the crew-
(i) at any hour of the day or night, at the discretion of the master, while such
vessel is in open water at a place not within 1.6 kilometres of
licensed premises other than another licensed passenger vessel or
any licensed premises in respect of which an off-licence is held;
(ii) between the hours of ten o'clock in the morning and half-past ten o'clock
in the evening while such vessel is not in open water or is at a place
within 1.6 kilometres of licensed premises other than another
licensed passenger vessel or any premises in respect of which an
off-licence is in force;
(b) to any other person approved by the master between the hours of ten
o'clock in the morning and half-past ten o'clock in the evening while such
vessel is in open water or is at a prescribed place.
Permitted hours and
places under a
passenger vessel
licence
66. (1) If the holder of a passenger vessel licence contravenes any condition of or
attaching to that licence, he shall be guilty of an offence.
Breach of conditions of
passenger vessel
licence
(2) Any person guilty of an offence under the provisions of this section shall be
liable, on a first conviction, to a fine not exceeding three hundred penalty units and, upon
a subsequent conviction, to a fine not exceeding six hundred penalty units.
(As amended by Act No. 13 of 1994)
67. (1) For the purposes of this section-
"inspecting officer" means an Administrative Officer, a police officer of or above the
rank of Sub Inspector and any person authorised to enter premises under
the provisions of the Liquor Act, 1953, of Southern Rhodesia, as amended
from time to time by subsequent Acts.
Right to go aboard and
inspect vessels
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(2) An inspecting officer, while any vessel is in open water, and a police officer or
Administrative Officer while any vessel is not in open water, may at all reasonable times
go on board and inspect that vessel for the purpose of ascertaining whether the provisions
of this Act or of the Liquor Act, 1953, of Southern Rhodesia, as amended from time to time
by subsequent Acts, are being or have been contravened.
(3) If any person hinders or prevents any inspecting officer in pursuance of this
section from going on board or impedes him in carrying out any inspection under this
section, he shall be guilty of an offence and shall be liable, on a first conviction to a fine
not exceeding seven hundred and fifty penalty units and, on a subsequent conviction, to a
fine not exceeding one thousand five hundred penalty units.
(As amended by G.N. No. 502 of 1964, No. 24 of 1977 and
Act No. 13 of 1994)
68. In the application of Lake Kariba of-
(a) subsection (6) of section twenty, there shall for the words "circulating in the
area where the premises concerned are situate" be read the words
"circulating in the Southern Province";
(b) paragraph (b) of subsection (2) of section twenty-eight, there shall for the
words "in the area in which the licensed premises are situate" be read the
words "in the Southern division";
(c) subsection (1) of section thirty, there shall for the words "the licensing
officer of the District in which the licensed premises are situate" be read the
words "the licensing officer of the Gwembe District";
(d) subsection (1) of section forty-one, there shall for the proviso to paragraph
(b) thereof be read the following:
Provided that intoxicating liquor sold during the permitted hours may
be consumed on a licensed passenger vessel up to half an hour after the
conclusion of the permitted hours;
(e) sections forty-five and forty-seven, there shall for the words "under the age
of eighteen years", wherever they occur, be read the words "under the age
of nineteen years";
(f) Part VII and sections sixty-nine, seventy-six, eighty and eighty-one,
"licence" shall include a currently valid licence for the sale of intoxicating
liquor on a passenger vessel granted under the laws of Southern Rhodesia
and "licence" and "licensed premises" shall be construed accordingly.
Application and
modification of
sections 20, 28, 30,
41, 45, 47, Part VII,
sections 69, 76, 80
and 81
PART IX SUPPLEMENTALPART IX
SUPPLEMENTAL
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69. (1) Where any riot or tumult occurs or is expected to occur in any place, an
authorised officer may order any licensed premises in or near such place to be closed
during such time as he may think fit, and any person carrying out such order may use
such force as may be reasonably necessary for closing such premises.
(2) Any person who resists or obstructs the execution of any order given under the
provisions of subsection (1), and any licensee who sells intoxicating liquor in contravention
of such order, shall be guilty of an offence and shall be liable to a fine not exceeding one
thousand five hundred penalty units, and any such licensee so convicted shall also be
liable to suffer the forfeiture of his licence.
Closing of premises in
case of riot
(As amended by Act No. 13 of 1994)
70. (1) When the Minister is satisfied that a license is or has engaged in or permits
any activity on the licensed premises which is detrimental to the security of the Republic or
to public order he may, by order, forfeit the licence of the licensee and a copy of the order
of forfeiture shall be served on the licensee.
Forfeiture of licence by
the Minister
(2) An order of forfeiture shall take effect when the copy thereof is served on the
licensee.
(3) An order of forfeiture shall, on its production in any proceedings or application
before any court or licensing authority or the Tribunal, be conclusive evidence of the fact
of forfeiture.
(4) No appeal shall lie to any court against an order of forfeiture of a licence under
this section.
(5) Neither an order of forfeiture of a licence under this section nor the grounds for
such a forfeiture shall be questioned or be subject to review by any court or licensing
authority or the Tribunal in any proceedings or application before it.
(No. 17 of 1967)
71. Where a licence is forfeited under any provision of this Act, the licensing officer
of the District in which the licensed premises concerned are situate or, in the case of a
passenger vessel licence, the licensing officer of the District in which any port at which the
vessel concerned calls is situate, shall, upon the application of the licensee whose licence
is forfeited, in writing permit the licensee to dispose of his stock in hand at the date the
forfeiture takes effect during the period of one month from that date, and thereupon the
provisions of this Act relating to the regulation, government or control of licensees shall,
during that period, apply to the person so permitted as they apply to a licensee.
(No. 17 of 1967)
Disposal of stock in
hand where a licence
is forfeited
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72. (1) A Board, upon the grant, renewal or removal of a licence, may, subject to
the prior approval of the local authority, order that, within a time fixed by the order, such
structural alterations shall be made by the licensee in the public rooms of the licensed
premises where intoxicating liquor is sold or consumed as the Board thinks reasonably
necessary to ensure the suitability of such rooms for the sale of intoxicating liquor and for
the accommodation of the public therein.
Power to require
structural alterations
(2) The secretary to a Board shall serve on the registered owner of the licensed
premises notice of any order made under the provisions of this section.
(3) Where any order made under the provisions of this section is complied with, the
Board shall not, without the written consent of the Minister, make any other such order in
respect of the same premises within five years following the date of the first-mentioned
order.
(4) If a licensee makes default in complying with the requirements of an order made
under the provisions of this section, he shall be guilty of an offence and shall be liable to a
fine not exceeding seven hundred and fifty penalty units and to a further fine not
exceeding one hundred and fifty penalty units for every day such default continues after
the expiration of the time fixed by such order.
(As amended by Act No. 13 of 1994)
73. The holder of an on-licence shall not, except with the written consent of the
licensing authority concerned, carry on any other business on his licensed premises
except that connected with the conduct of an hotel or restaurant or the sale of light
refreshments or of tobacco, tobacco products, mineral waters and matches, and any
licensee who carries on any business in contravention of the provisions of this section
shall be guilty of an offence and shall be liable to a fine not exceeding three hundred
penalty units.
Restrictions on
carrying on other
business
(As amended by Act No. 13 of 1994)
74. Notwithstanding the provisions of any written law for the time being in force
relating to trading licences, the holder of any licence for the sale of liquor for consumption
on the premises may, on those premises and during the permitted hours, carry on the
business of the sale of tobacco, tobacco products, mineral waters, chocolates, sweets and
matches without a trading licence.
Sale of tobacco, etc.
75. (1) Any document purporting to be a licence and signed by a licensing officer or
by the secretary to a Board shall be received in evidence.
Proof of licences, etc.
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(2) Any document purporting to be a copy of a licence certified under the hand of
the licensing officer, or the secretary to the Board, issuing the original licence to be a true
copy shall be received in evidence on an application for the renewal, transfer or removal
of the licence, or on application for a protection order, if the licensing authority to whom
the application is made is satisfied by evidence that the original licence is lost or unlawfully
withheld.
(3) Any memorandum made under the provisions of sub-section (7) of section thirty
shall be received in evidence.
76. (1) Evidence that a transaction in the nature of a sale of intoxicating liquor took
place shall, in any proceedings relating to an offence under the provisions of this Act, be
evidence of the sale of such liquor without proof that money passed.
Evidence of sale, etc.
(2) Evidence that consumption of intoxicating liquor was about to take place shall, in
any such proceedings as aforesaid, be evidence of the consumption of intoxicating liquor
without proof of actual consumption.
(3) Evidence that any person, other than the occupier of licensed premises or a
servant employed in licensed premises, consumed or intended to consume intoxicating
liquor in such premises shall be evidence that the liquor was sold by or on behalf of the
licensee to that person.
77. (1) A police officer may at any time enter licensed premises for the purpose of
preventing or detecting the commission of any offence against this Act.
Right of police officers
to enter premises
(2) If any person, himself or by any person in his employment or acting with his
consent, obstructs or fails to admit a police officer who demands entry to premises in
pursuance of this section, he shall be guilty of an offence and shall be liable, on a first
conviction, to a fine not exceeding seven hundred and fifty penalty units and on a
subsequent conviction, to a fine not exceeding one thousand five hundred penalty units.
(As amended by Act No. 13 of 1994)
78. (1) If a magistrate is satisfied by information on oath that there is reasonable
ground for believing that any intoxicating liquor is sold by retail at any place, being a place
where that liquor may not lawfully be sold by retail, he may issue a search warrant under
his hand to a police officer of or above the rank of Sub-Inspector authorising him at any
time or times within one month from the date of the warrant to enter that place, which shall
be named in the warrant, by force if need be, and search the place for intoxicating liquor
and seize and remove any intoxicating liquor that the police officer has reasonable ground
for supposing to be in the place for the purpose of unlawful sale there or elsewhere, and
the vessels containing such liquor.
Search warrant
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(2) If the owner or occupier of the place from which any intoxicating liquor has been
removed under subsection (1) is convicted of selling by retail any intoxicating liquor that
he is not authorised to sell by retail, or is convicted of having in his possession intoxicating
liquor that he is not authorised to sell, any intoxicating liquor so removed, and the vessels
containing it, shall be forfeited.
(3) Where a police officer seizes any intoxicating liquor in pursuance of a warrant
issued under the provisions of this section, any person found in the place at which such
liquor was seized shall, unless he proves that he is there for a lawful purpose, be guilty of
an offence and liable to a fine not exceeding sixty penalty units.
(4) Where a police officer seizes any liquor as aforesaid, and any person so found,
on being asked by a police officer for his name and address-
(a) refuses to give them; or
(b) gives a false name or address; or
(c) gives a name or address that the police officer has reasonable grounds for
thinking to be false, and refuses to answer satisfactorily any questions put
by such officer to ascertain the correctness of the name or address;
shall be guilty of an offence and liable to a fine not exceeding one hundred and fifty
penalty units.
(5) A police officer may arrest without warrant any person whom he suspects of
having committed an offence under the provisions of subsection (4)
(As amended by Act No. 13 of 1994)
79. (1) For the purposes of any provisions of this Act imposing a penalty or
forfeiture on a second or subsequent conviction, any conviction that took place more than
five years previously shall be disregarded.
Offences and
forfeitures
(2) Liquor or vessels forfeited under the provisions of this Act shall be sold or
otherwise disposed of as the court imposing the forfeiture may direct, and the proceeds
shall be applied as if they were a fine.
80. (1) Where the conviction of a licensee is entered in a register under the
provisions of subsection (2) of section thirty-two, the person making such entry shall serve
notice of the conviction on the registered owner of the premises.
Notice of conviction of
licensee to be given to
owner
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(2) A notice served under the provisions of subsection (1) may be served by
registered post and in such case shall be deemed to be properly addressed if it is
addressed to any place that the owner has specified to the authority keeping such register
as his address or, if the owner has not specified any such place, that the person serving
the notice believes to be the owner's address.
81. (1) Where on conviction of an offence a licence is forfeited, and the person
convicted appeals against such conviction, the convicting court may, in its discretion and
on such conditions, if any, as it thinks just, grant a temporary licence, without payment of
fee, to be in force until the appeal is determined or ceases to be prosecuted.
Temporary licence
pending appeal
(2) A temporary licence granted under the provisions of subsection (1) shall be of
the same type and, in addition to any conditions imposed under subsection (1), be subject
to the same conditions as the licence which is forfeited.
82. The Minister may from time to time, by statutory instrument, prescribe any
matter which he may deem necessary or expedient to prescribe for the purpose of giving
effect to the objects of this Act, and in particular, but without derogating from the
generality of the foregoing, declare any area to be a prescribed area and exempt any
person or class of persons from the application of any provision of this Act or from the
payment of all or any part of the appropriate fee.
(As amended by Act 53 of 1968, 47 of 1970 and 6 of 1983)
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SCHEDULE
(Section 2)
PRESCRIBED FEES
1. Fees for the grant or renewal of a-
Fee units
Wholesale liquor licence 1,200
Retail liquor licence 800
Bar licence 800
Airport licence 600
Hotel liquor licence 1,000
Private hotel liquor licence 800
Restaurant licence 600
Railway restaurant car licence 150
Passenger vessel licence 300
Theatre licence 400
Club licence 400
Temporary licence: per twenty-four hours or part thereof 500
Restricted licence: one half of the fee prescribed above for
the appropriate full licence
Where any licence is granted on or after 1st July, one-half of the appropriate fee prescribed above shall be payable
in respect of the period to the 31st December, next following.
2. For extension of the permitted hours under the provisions of section twenty-seven of the Act, there shall be paid a
fee of one thousand fee units in respect of every hour or part thereof by which the permitted hours are extended.
3. Fees for-
Fee units
Transfer of licence, other than a restricted passenger vessel
licence, Lake Kariba and other lakes 100
Transfer of a restricted passenger vessel licence for
vessels on Lake Kariba and other lakes 30
Removal licence 100
Inspection of a register 10
Consent of a Board under section fifty of the Act 20
A protection order 100
4. The fee payable upon an appeal to the tribunal shall be 400
(As amended by Act Nos 7 and 13 of 1994)
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SUBSIDIARY LEGISLATION
LIQUOR LICENSING CAP. 167
SECTION 16 (2)-RESTRICTED LICENCES Government Notice
328 of 1961
Notice by the Minister
It is hereby declared that the provisions of subsection (1) of section sixteen of the
Act shall apply to all areas of Zambia, other than-
(a) the City of Lusaka, the City of Kitwe and the City of Ndola;
(b) all municipalities;
(c) all townships;
(d) obsolete;
(e) any area within fifteen kilometres of the boundary of the City of Lusaka, the
City of Kitwe or the City of Ndola, any municipality, any township or any
mine township.
SECTIONS 17A AND 82-THE LIQUOR LICENSING (PROHIBITION) REGULATIONS Statutory Instrument
75 of 1972
Regulations by the Minister
1. These Regulations may be cited as the Liquor Licensing (Prohibition)
Regulations.
Title
2. The area mentioned in the First Schedule is hereby declared as the prescribed
area under section seventeen A of the Act for the types of licences mentioned in the
Second Schedule.
Prohibition of grant of
certain types of
licences
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FIRST SCHEDULE
(Regulation 2)
THE PRESCRIBED AREA
The whole of Zambia
SECOND SCHEDULE
(Regulation 2)
TYPES OF NEW LICENCES PROHIBITED
1. A retail liquor licence
2. A bar licence
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SECTION 82-THE LIQUOR (PRESCRIBED AREAS) REGULATIONS Statutory Instrument
437 of 1968
Regulations by the Minister
1. These Regulations may be cited as the Liquor (Prescribed Areas) Regulations. Title
2. Each of the several areas described in the Schedule is hereby declared to be a
prescribed area.
Prescribed areas
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SCHEDULE
(Regulation 2)
PRESCRIBED AREAS
CHINGOLA
Starting at the intersection of the centre line of Kabundi Road and the centre line of Fifth
Avenue, the boundary follows the centre line of Fifth Avenue in a northerly direction to a point
equidistant from the centre line of Kwacha Street and the centre line of 13th Street; thence in an
easterly direction to its intersection with the centre line of Kitwe Road at a point equidistant from the
centre line of 13th Street and the centre line of Kwacha Street; thence in a southerly direction along
the centre line of Kitwe Road to its intersection with the centre line of Kwacha Street; thence in an
easterly direction along the centre line of Kwacha Street to a point opposite the north-western corner
of Stand No. 162; thence in a southerly direction along the western boundary of Stand No. 162 and
the boundary between Stands Nos. 181 and 182 to the centre line of Kabundi Road; thence in an
easterly direction along the centre line of Kabundi Road to its intersection with the centre line of Kitwe
Road; thence in a southerly direction along the centre line of Kitwe Road to a point opposite the
south-east corner of Stand No. 208; thence following the southern and western boundaries of Stand
No. 208 to a point opposite the south-east corner of Stand No. 526; thence along the southern
boundaries of Stands Nos. 526 and 1418 to the south-west corner of Stand No. 514; thence following
the western, north-western and northern boundaries of Stand No. 514 to a point opposite the
intersection of the centre line of Kabundi Road and Fifth Avenue, the point of starting.
CHOMA
Stands Nos. ME.1, ME.3-ME.7, ME.43-ME.46, ME.54, 37, 38, 41, 42, 133, 134, 286-288, 337.
KABWE
Starting at the intersection of the centre line of Machile Street with the centre line of Freedom
Way, the boundary follows the centre line of Freedom Way to its intersection with the centre line of
Buntungwa Street; thence in a southerly direction along the centre line of Buntungwa Street to a point
opposite the south-east corner of Stands Nos. 848; thence in a westerly direction along the southern
boundaries of Stands Nos. 848, 847, 635-628 to the centre line of Pauling Street; thence northwards
along the centre line of Pauling Street to a point opposite the north-west corner of Stand No. 505;
thence in an easterly direction along the northern boundaries of Stands Nos. 505, 506, 507, 54-60,
87-91, 208-212, 691-693 to the centre line of Machile Street; thence southwards along the centre line
of Machile Street to its intersection with the centre line of Freedom Way, the point of starting.
KITWE
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(a) Kitwe Central Area:
Starting at the intersection of the centre line of President Avenue and the centre line of Oxford
Road, the boundary follows the centre line of Oxford Road in a westerly direction to its intersection
with the centre line of Chisokone Avenue; thence in a northerly direction along the centre line of
Chisokone Avenue to its point of intersection with the production of the centre line of the service lane
in the rear of Stand No. 28; thence in an easterly direction following the centre line of the service lane
and its production eastwards to the point of intersection with the centre line of President Avenue;
thence in a southerly direction along the centre line of President Avenue to its intersection with the
centre line of Oxford Road, the point of starting.
(b) Parklands Shopping Centre:
Stands Nos. 640-645, 2564, 2934, 3634-3637, Freedom Way.
LIVINGSTONE
Starting at the intersection of the centre line of John Hunt Way (Kingsway) with the centre line
of Princess Street, the boundary follows the centre line of Princess Street in a south-easterly direction
to its intersection with the production north-eastwards of the centre line of the service lane between
Stands Nos. 172 and 196; thence along the centre line of the service lane in a south-westerly
direction to the intersection of its production with the centre line of Akapelwa Street (Sackville Street);
thence north-westwards along the centre line of Akapelwa Street (Sackville Street) to its intersection
with the production of the centre line of the service lane between Stands Nos. 467 and 493; thence
along the centre line of the service lane in a south-westerly and westerly direction to the intersection
of its production with the centre line of Mosi-oa-Tunya Road (Mainway); thence to the intersection of
the centre lines of Mutelo Street (Codrington Street) and John Hunt Way (Kingsway); thence
north-eastwards along the centre line of John Hunt Way (Kingsway) to its intersection with the centre
line of Princes Street, the point of starting.
LUANSHYA
Starting at the intersection of the centre line of Zaune Avenue with the centre line of Fourteenth
Street, the boundary follows the centre line of Fourteenth Street to a point opposite the north-east
corner of Stand No. 17; thence along the northern boundaries of Stands Nos. 17, 18, 19, 524; thence
in a southerly direction along the eastern boundary of Stand No. 524 to the centre line of Buntungwa
Avenue; thence in an easterly direction along the centre line of Buntungwa Avenue to its intersection
with the centre line of Sixteenth Street; thence in a southerly direction along the centre line of
Sixteenth Street to a point on the boundary of the Roan Antelope Branch Line Reserve; thence in a
westerly direction along the northern boundary of the Roan Antelope Branch Line Reserve to its
intersection with the centre line of Fifteenth Street; thence in a northerly direction along the centre
line of Fifteenth Street to its intersection with the centre line of Zaune Avenue; thence in a westerly
direction along the centre line of Zaune Avenue to its intersection with the centre line of Fourteenth
Street, the point of starting.
LUSAKA
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(a) Lusaka Central Area:
Starting at the intersection of the centre line of Ben Bella Road (Williams Street) with the centre
line of Lumumba Road (Connaught Road), the boundary follows the centre line of Lumumba Road
(Connaught Road) in a north-westerly direction to its intersection with the centre line of Kalambo
Road (Coventry Street); thence along the centre lines of Kalambo Road (Coventry Street) to its
intersection with the centre line of Cairo Road and Great East Road; thence along the centre line of
Great East Road to the western boundary of the Railway Reserve; thence along the western
boundary of the Railway Reserve in a southerly direction to the centre line of Independence Avenue;
thence along the centre line of Independence Avenue to its intersection with the centre lines of Cairo
Road, Kafue Road and Ben Bella Road (Williams Street); thence along the centre line of Ben Bella
Road (Williams Street) to its intersection with the centre line of Lumumba Road (Connaught Road),
the point of starting.
(b) Longaeres Shopping Centre:
Stands Nos. 2150, 2160-2169, 2422, 2658-2659, 4848 and 5234.
(c) Woodlands Shopping Centre:
Stands Nos. 1038, 1039, 1409, 1410, 2331, 3023.
(d) Chelston Shopping Centre:
The shops situated on Block No. 40.
MAZABUKA
Stands Nos. 3-11, 434, 435, 13, 153, 154, 15-21, 155, 156, 23-27, 164, 165, 29-33, 157, 158,
159, 160, 37, 140.
MUFULIRA
(a) Mufulira Central Area:
Starting at the intersection of the centre line of Pempuleni Avenue and the centre line of Accra
Street, the boundary follows the centre line of Accra Street in a southerly direction to its intersection
with the centre line of Choba Avenue; thence in a westerly direction along the centre line of Choba
Avenue to its intersection with the centre line of Buntungwa Street; thence in a northerly direction
along the centre line of Buntungwa Street to its intersection with the centre line of Pempuleni Avenue;
thence in an easterly direction along the centre line of Pempuleni Avenue to its intersection with the
centre line of Accra Street, the point of starting.
(b) Kambalange Drive Shopping Centre:
Stands Nos. 532, 533, 534, 535, 536, 537 and 538 Kambalange Drive.
NDOLA
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(a) Ndola Central Area:
(i) Starting at the intersection of the centre line of Broadway with the centre line of St. David's
Road, the boundary follows the centre line of Broadway in an easterly direction to its intersection with
the western boundary of the Railway Reserve; thence in a southerly and south-westerly direction
along the western boundary of the Railway Reserve to its point of intersection with the production of
the centre line of Moffat Road; thence in a south-westerly direction along the centre line of Moffat
Road and Chisokone Avenue to the intersection of the centre line of Chisokone Avenue with the
centre line of St. George's Road; thence in a north-westerly direction along the centre line of St.
George's Road to its point of intersection with the production of the centre line of the service lane in
the rear of Stand No. 2953; thence in a north-easterly direction following the centre line of the service
lane to the point of intersection of its centre line with the centre line of St. David's Road; thence in a
north-westerly and northerly direction along the centre line of St. David's Road to its intersection with
the centre line of Broadway, the point of starting.
(ii) The premises numbered 162-230 in even numbers and 201-273 in odd numbers situated in
President Avenue.
(b) Kansenji Shopping Centre:
Stands Nos. 1774 and 2136 Kansenji.
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SECTION 82-PRESCRIBED FORMS
Notice by the minister
Government Notices
41 of 1959
497 of 1964
The forms set forth in the Schedule are hereby prescribed for use in all cases to
which they are respectively applicable for the purposes of the Act.
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SCHEDULE
PRESCRIBED FORMS
FORM 1
(Front of Form)
THE LIQUOR LICENSING ACT
(Section 20 (1) and (2))
APPLICATION FOR THE GRANT OR RENEWAL OF A LIQUOR LICENCE
To (licensing authority) .................................................................................................................................................
I, (full names) ............................................................................................................................................................. of
(address) ...........................................................................................................................................................................
hereby apply for the grant/renewal* (1)of a†(2)
............................................................................................................................
........................................................................................ licence in respect of the premises situate at
................................................................................................................................................................................................
The person entitled, at the date of this application, to receive the rack-rent of the above premises
is.............................................................................................................................................................................................
............................................................................ of ...............................................................................................................
................................................................................................................................................................................................
*(3)This application is made by me in my capacity as an employee of (state name and address of company, firm,
etc.) ........................................................................................................................................................................................
................................................................................................................................................................................................
................................................................................................................................................................................................
*(4)I wish this application to be treated as an application for the grant of a restricted licence‡ (5) of the type
mentioned above.
I hereby certify that I am not disqualified from being granted a licence under the provisions of section 19 of the
Liquor Licensing Act.§(6)
The notices relating to this application required by section 20 (4) of the above mentioned Act were published in the
Gazette dated................................................................................................................................................................ and in
the (insert name of newspaper) ...................................................................... dated the
.................................................................... and .............................................................................................
Dated the ............................................ day of ....................................... 19.........
..............................................................
(Signature of Applicant)
NOTES.-(This form should, except for the signature thereto, be completed in block capitals.)
* Delete where inapplicable.
† Insert type of licence required.
‡ See the provisions of section 16 of the Act set out overleaf.
§ The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitions
mentioned in subsection (2) of that section, the consent of the Minister should accompany this application.
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FORM 1
(Back of Form)
16. (1) Any person applying for a licence other than a wholesale liquor licence may, at his request and subject to the
provisions of this Act, be granted a restricted licence which shall not authorise the sale of spirits but which shall otherwise
have the effect of a licence of the type granted.
(2) Notwithstanding the provisions of subsection (1), no restricted licence other than a restricted hotel liquor licence,
a restricted private hotel liquor licence or a restricted passenger vessel licence shall be issued to any person who is not an
employee of, or authorised by, a local authority unless the Minister has, by statutory notice, declared that the provisions of
the said subsection have been applied to the area in which such premises are situate.
Restric
licence
19. (1) No licence shall be granted to-
(a) any person who is under the age of twenty-one years; or
(b) a sheriff's officer or any other officer entrusted with the execution of the legal process of any court; or
(c) any person who has been convicted of forging a licence or of making use of a forged licence knowing it to have
been forged; or
(d) any person who has been convicted, whether under this Act or otherwise, of permitting to be kept, or keeping, as
a brothel premises for which at the time of such conviction he held a licence; or
(e) any person who has been disqualified by a court from holding a licence while such disqualification remains in
force.
(2) No licence shall, without the consent of the Minister, be granted or transferred to-
(a) any person who does not reside within the Republic; or
(b) any person whose licence has been forfeited until after the expiration of five years after the date of such
forfeiture; or
(c) any person who has been convicted of an offence relating to the sale of intoxicating liquor without a licence until
after the expiration of five years after the date of such conviction; or
(d) any person who has at any time been sentenced to imprisonment for any period exceeding six months.
(3) No licence shall be granted or renewed to a company, society, partnership or other association of persons:
Provided that nothing in this subsection shall be deemed to prevent the grant or renewal of any licence to a person
in the employ of such company, society, partnership or association, and if any such employee to whom any such licence
was granted or renewed ceases to be employed in a position in which he is required to hold such licence, his employer
may take such steps for the transfer of the licence to some other employee, as a licensee may take under the provisions of
this Act for the transfer of his licence to some other person.
(4) No temporary licence shall be issued in respect of the premises of a club registered under the Clubs' Registration
Act except for the purposes of a function to be held in the club in aid of charity or for the furtherance of sporting or cultural
activities forming part of the objects of the club:
Provided that, where the licensing authority is satisfied that there are no other suitable premises available, it may at
its discretion issue a temporary licence in respect of any function to be held on the premises of such club.
Restric
upon
grant o
licence
Cap. 16
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FORM 2
THE LIQUOR LICENSING ACT
(Section 20 (4) and (6))
NOTICE OF INTENTION TO APPLY FOR GRANT OR RENEWAL OF A LIQUOR LICENCE
Notice is hereby given that (full names) ......................................................................................................................................
of (address)..................................................................................................................................................................................
intends to apply to the Provincial Licensing Board of the............................................................................................................
Province for the grant/renewal*(7) of a†(8) licence......................................................................................................................
in respect of the premises situate at...........................................................................................................................................
....................................................................................................................................................................................................
Notices and other documents may be served on the above named at the above/following address*(9)..........................
..........................................................................................................................................................................................
NOTES. - * Omit where inapplicable.
† Insert type of licence required.
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FORM 3
(Front of Form)
THE LIQUOR LICENSING ACT
(Section 31 (2))
APPLICATION FOR THE REMOVAL OF A LIQUOR LICENCE
To the Provincial Licensing Board, ................................................................................................................ Province
I, (full names) ...............................................................................................................................................................
of (address) ...........................................................................................................................................................................
hereby apply for the removal of the*
(10).....................................................................................................................................
licence, Licence Number .................................. at present in force in respect of the premises situate at
................................................................................................................................................................................................
................................................................................................................................................................................................
from the said premises to the premises situate at..................................................................................................................
................................................................................................................................................................................................
The person entitled, at the date of this application, to receive the rack-rent of the last-mentioned premises
is..............................................................................................................................................................................................
of.............................................................................................................................................................................................
†(11)This application is made by me in my capacity as an employee of (state name and address of company, firm,
etc.) ........................................................................................................................................................................................
................................................................................................................................................................................................
I hereby certify that I am not disqualified from being granted a licence under the provisions of section 19 of the
Liquor Licensing Act.
‡(12)The notices in relation to this application required by section 20 (4) of the above mentioned Act were published
in the Gazette dated .................................................... and in the (insert name of newspaper)
.................................................................... dated the .......................................................... .and ........................................
Dated the ................................................ day of ....................................................19........
...............................................................
(Signature of Applicant)
NOTES. (This form should, except for the signature thereto, be completed in block capitals.)
*State type of licence held.
†Delete if inapplicable.
‡The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitionsmentioned
in subsection (2) of that section, the consent of the Minister should accompany this application.
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FORM 3
(Back of Form)
19. (1) No licence shall be granted to-
(a) any person who is under the age of twenty-one years; or
(b) a sheriff's officer or any other officer entrusted with the execution of the legal process of any court; or
(c) any person who has been convicted of forging a licence or of making use of a forged licence knowing it to have
been forged; or
(d) any person who has been convicted, whether under this Act or otherwise, of permitting to be kept, or keeping, as
a brothel premises for which at the time of such conviction he held a licence; or
(e) any person who has been disqualified by a court from holding a licence while such disqualification remains in
force.
(2) No licence shall, without the consent of the Minister, be granted or transferred to-
(a) any person who does not reside within the Republic; or
(b) any person whose licence has been forfeited until after the expiration of five years after the date of such
forfeiture; or
(c) any person who has been convicted of an offence relating to the sale of intoxicating liquor without a licence until
after the expiration of five years after the date of such conviction; or
(d) any person who has at any time been sentenced to imprisonment for any period exceeding six months.
(3) No licence shall be granted or renewed to a company, society, partnership or other association of persons:
Provided that nothing in this subsection shall be deemed to prevent the grant or renewal of any licence to a person
in the employ of such company, society, partnership or association, and if any such employee to whom any such licence
was granted or renewed ceases to be employed in a position in which he is required to hold such licence, his employer
may take such steps for the transfer of the licence to some other employee, as a licensee may take under the provisions of
this Act for the transfer of his licence to some other person.
(4) No temporary licence shall be issued in respect of the premises of a club registered under the Clubs' Registration
Act except for the purposes of a function to be held in the club in aid of charity or for the furtherance of sporting or cultural
activities forming part of the objects of the club:
Provided that, where the licensing authority is satisfied that there are no other suitable premises available, it may at
its discretion issue a temporary licence in respect of any function to be held on the premises of such club.
Restric
upon
grant o
licence
Cap. 16
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FORM 4
THE LIQUOR LICENSING ACT
(Sections 20 (4) and (6) and 31 (2))
NOTICE OF INTENTION TO APPLY FOR THE REMOVAL OF A LIQUOR LICENCE
Notice is hereby given that (full names).......................................................................................................................
................................................................................................................................................................................................
of (address)............................................................................................................................................................................
................................................................................................................................................................................................
intends to apply to the Provincial Licensing Board of the.......................................................................................................
Province for the removal of the .............................................................. licence at present in force in respect of the
premises situate at..................................................................................................................................................................
to the premises situate at .......................................................................................................................................................
Notices and other documents may be served on the above named at the above/following
address...................................................................................................................................................................................
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The Liquor Licensing Act
(Section 32)
Licence Register
(Other than Temporary Licences)
Licence No ..................................................... Type of Licence .............................................
Date of Grant ..........................................................................................
Full Names ofLicensee Date of Transfer Premises in respect of
which Licence is held
Date of
Removal
Owner(s) of Premises
Name Addre
Note.-The register shall be kept in loose-leaf form utilising one sheet for each licence (other than a temporary licence). If required the information re
to subsequent sheets inserted immediately after the main sheet, and each subsequent sheet shall be marked "Continua
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The Liquor Licensing Act
(Section 32)
Licence Register
(Temporary Licences)
Licence
No.
Full Names of
Licensee
Premises in respect of
which Licence is held
Owner of Premises
Name Address
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Endnotes
1 (Popup - Popup)
Delete where inapplicable
2 (Popup - Popup)
Insert type of licence required
3 (Popup - Popup)
Delete where inapplicable
4 (Popup - Popup)
Delete where inapplicable
5 (Popup - Popup)
See the provisions of section 16 of the Act set out overleaf.
6 (Popup - Popup)
The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitions
mentioned in subsection (2) of that section, the consent of the Minister should accompany this
application.
7 (Popup - Popup)
Omit where inapplicable.
8 (Popup - Popup)
Insert type of licence required
9 (Popup - Popup)
Omit where inapplicable
10 (Popup - Popup)
State type of licence held
11 (Popup - Popup)
Delete if inapplicable
12 (Popup - Popup)
The provisions of section 19 are set out overleaf. If the applicant comes within any of the
prohibitionsmentioned in subsection (2) of that section, the consent of the Minister should accompany
this application.
