Liqour Licensing
THE LIQUOR LICENSING ACT, 2011
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Non-application of Act
PART II
LICENSING
4. Application for licence
5. Notice of intention to object
6. Grant of licence
7. Restrictions relating to grant of licence
8. Rejection of application for licence
9. Display of licence
10. Variation of licence
11. Surrender of licence
12. Transfer of licences
13. Power to carry on business after death, etc., of licensee
14. Removal of licence
15. Amendment of licence
16. Renewal of licence
17. Cancellation and suspension of licence
18. Permitted hours
19. Registers of licences
20. Register to be evidence
21. Regard to be had to register
22. Inspection of register
Liquor Licensing [No. 20 of 2011 235
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 15,000 each.
PART III
APPEALS
23. Establishment of Tribunal
24. Appeal to Tribunal
25. Appeal to High Court
26. Rules of Tribunal
PART IV
REGULATION OF
SALE OF INTOXICATING LIQUOR
27. Selling liquor without licence
28. Brand reliability and alcohol content
29. Prohibition of sale, etc. of liquor except during permitted
hours
30. Liquor of kind not authorised by licence not to be kept on
premises
31. Supply of liquor to employees
32. Consumption of liquor in public place
33. Prohibited concoctions, brews and drinks
34. Prohibited production
35. Persons under eighteen years not to be employed in bars
36. Restriction on sale, etc. of liquor to children
37. Licensee not to permit drunkenness, etc.
38. Power to exclude drunkards, etc., from licensed premises
39. Prohibition of using licensed premises to be brothel
40. Closing of premises in case of riot
41. Forfeiture of licence by Minister
42. Disposal of stock in hand where licence is forfeited
43. Power to require structural alterations
236 No. 20 of 2011] Liquor Licensing
PART V
CONTROLS AND INSPECTIONS
44. Inspection of premises
PART VI
GENERAL PROVISIONS
45. Offences by licensee or employee
46. Offences in general
47. Proof of licences, etc.
48. Evidence of sale, etc.
49. Search warrant
50. Offences and forfeitures
51. Notice of conviction of licensee to be given to owner
52. Temporary licence pending appeal
53. Regulations
54. Repeal of Cap. 167
Liquor Licensing [No. 20 of 2011 237
GOVERNMENT OF ZAMBIA
ACT
No. 20 of 2011
Date of Assent: 12th April, 2011
An Act to regulate the manufacture, possession, sale and
supply of intoxicating liquors; repeal and replace the
Liquor Licensing Act, 1959; and provide for matters
connected with, or incidental to, the foregoing.
[15th April, 2011
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY
1. This Act may be cited as the Liquor Licensing Act, 2011.
2. In this Act, unless the context otherwise requires—
“authorised officer” means a principal officer, a health
inspector or a police officer;
“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;
“beer” means any drink which is brewed from grain or
vegetable matter;
“ child ” means a person under the age of eighteen years;
“ de-natured spirit ” means an intoxicating liquor which, by
the addition of some substance, is rendered unfit for use
as a beverage;
“health facility” has the meaning assigned to it in the Health
Professionals Act, 2009;
“ health inspector ” means an officer appointed as such by a
local authority or the Ministry responsible for health for
purposes of enforcing the provisions of this Act;
“ hotel ” has the meaning assigned to it in the Tourism and
Hospitality Act, 2007;
“ intoxicating liquor ” includes any spirits, wine, ale, beer,
porter, cider, perry or other potable liquor containing more
than three percent of proof spirits;
Enactment
Short title
Interpretation
Act No. 23
of 2007
Act No. 24
of 2009
Liquor Licensing [No. 20 of 2011 239
“ licence ” means a liquor licence granted under the provisions
of this Act;
“ licensed premises ” means any premises in respect of which
a licence is in force;
“ licensee ” means the holder of a licence;
“ licensing committee ”means a licensing committee of a local
authority established pursuant to the Local Government
Act;
“ liquor ” means —
(a) any spirit, wine or beer which contains three
percent or more by volume of alcohol, excluding
methylated spirit;
(b) fermented, distilled, spirituous or malted drink
which contains three percent or more by volume
of alcohol; or
(c) any drink or concoction which the Minister may,
by statutory instrument, prescribe to be liquor;
“ local authority ” means a district, municipal or city council
established under the Local Government Act;
“ meal ” means any substantial refreshment or food served
to, and consumed by, a person at a licensed premises and
to which the sale of intoxicating liquor may be ancillary;
“ officer in charge of police” has the meaning assigned to it
by section two of the Zambia Police Act;
“ police officer ” means a police officer above the rank of
sergeant;
“principal officer ” has the meaning assigned to it in the Local
Government Act;
“ permitted hours ” means the hours of the day during which
intoxicating liquor may lawfully be supplied in licensed
premises;
“ proof spirits ” means spirits which, at a temperature of eleven
degrees Celsius weigh twelve thirteenth parts of an equal
measure of distilled water, and includes intoxicating liquor
containing over 1.713 percent of alcohol by volume or 1.363
percent of alcohol by weight;
“ public place ” means any building, premises, conveyance or
other indoor or outdoor area, whether privately or publicly
owned, to which the public have access by right or by
invitation, whether by payment of a fee or not, but does
not include a place used exclusively by one or more persons
for a private gathering or other personal purpose;
“ register ” means a register of licences kept under section
nineteen;
“ repealed Act ” means the Liquor Licensing Act, 1959;
Cap. 281
Cap. 107
Cap. 281
Cap. 167
240 No. 20 of 2011] Liquor Licensing
Cap. 281
“ 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 liquor of any description, and all
mixtures, compounds and preparations made with such
liquor, and any fermented liquor containing more than fifty
percent of proof spirits;
“ traditional beer ”means—
(a) the drink which is brewed from grain or other vegetable
matter and is commonly known as local beer; and
(b) such other intoxicating liquor as the Minister may, by
statutory instrument, prescribe; and
“ Tribunal ” means the Appeal Tribunal established under
section twenty three.
3. This Act does not apply to—
(a) any medical doctor or 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, medicated or methylated or otherwise de-
natured 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;
(d) the sale of intoxicating liquor by any person acting under
the order of a court or selling the intoxicating liquor
forfeited to the Government;
(e) the sale of intoxicating liquor by an executor, administrator
or trustee in bankruptcy where such liquor forms part
of the estate of a deceased or bankrupt person who
was not a licensee;
(f)the sale by private arrangement of intoxicating liquor which
is the residue of a reasonable stock held for private
consumption by a person about to leave the Republic;
(g) 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; or
(h) 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.
Non-
application
of Act
Liquor Licensing 241
PART II
LICENSING
4. (1) An application for a licence shall be made in the
prescribed manner and form to the appropriate licensing committee.
(2) A licensing committee shall not consider an application
for the grant of a licence unless —
(a) the applicant has given at least fourteen days’ notice of
the applicant’s intention to make the application in
accordance with subsection (3); and
(b) the applicant has, not less than fourteen days before the
application is made, lodged with the licensing committee
a plan of the premises in respect of which the application
is made, together with a certificate from the planning
authority that the said plans have received its approval.
(3) The notice referred to in paragraph (a) of subsection (2)
shall be made in the prescribed form and shall be published by the
local authority concerned at its offices, and put in not less than ten
conspicuous public places in its area and on its website, and the
period of fourteen days mentioned in paragraph (a) of subsection
(2) shall be calculated from the date of the last publication of the
notice.
(4) A licensing committee shall, in considering an application
for the grant of a licence —
(a) take into account—
(i) the social and welfare consequences which the
business or undertaking to be conducted in terms of
the licence will have for the residents of the area of
the local authority concerned;
(ii) whether the business or undertaking to be conducted
in terms of the licence is likely to create a public
nuisance or annoyance in the vicinity of the business;
(iii) the need to avoid the establishment of licensed
premises within three hundred metres of an
educational institution, health facility or a church;
(iv) the suitability of the premises upon which the licensed
business or undertaking is to be conducted relating to
the safety, health and town planning requirements in
respect of accommodation and sanitary facilities;
(v) the possibility of a monopolistic condition in the liquor
Application
for licence
242 No. 20 of 2011] Liquor Licensing
trade which is detrimental to the public interest being
created or aggravated by the grant of the licence; and
(vi) whether the name of the business or undertaking to
be conducted in terms of the licence will not be
offensive to the community it will serve or is not
similar to or may be confused with the name of
any business conducted in terms of any existing
licence; and
(b) not take into account any commercial factors or any
economic consequences for existing licences, except
where such factors or consequences are considered for
the purposes of subparagraph (v) of paragraph (a).
(5) A licensing committee may, when granting an application
for a licence, impose conditions which —
(a) prohibit or restrict the sale or the consumption of liquor in
respect of—
(i) certain parts of the premises concerned;
(ii) certain times of the day; or
(iii) certain kinds of liquor;
(b) require the applicant to effect alterations or improvements
to the premises relating to the standard of
accommodation, facilities or amenities, the sanitary or
safety arrangements or as to any other aspect of public
convenience on, or health or police supervision of, the
premises concerned;
(c) are, in the opinion of the licensing committee, necessary
or desirable; or
(d) may be prescribed in respect of the licence.
5. A person who intends to oppose an application for the grant,
renewal, transfer or removal of a licence shall give notice, in writing,
of that intention to the applicant and to the licensing committee
concerned, specifying in general terms the grounds of the 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 paragraph (a) of subsection
(2) of section four, and unless the notice of intention has been so
given, the licensing committee shall not allow the objection.
6. (1) A licensing committee shall, where an application for a
licence meets the requirements of this Act, issue a licence in the
prescribed form subject to such terms and conditions as the licensing
committee may determine.
Notice of
intention to
object
Grant of
licence
Liquor Licensing [No. 20 of 2011 243
(2) Subject to the other provisions of this Act, a licence issued
under this section shall be valid for three years.
7. (1) A licence shall not be granted to—
(a) a person who is under the age of twenty-one years;
(b) a sheriff’s officer or any other officer entrusted with the
execution of the legal process of any court;
(c) a person who has been convicted of forging a licence or
of making use of a forged licence knowing it to have
been forged;
(d) a 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
the person held a licence;
(e) a person who has been disqualified by a court from holding
a licence while such disqualification remains in force;
(f) a person who does not reside within the Republic;
(g) a person whose licence has been forfeited until after the
expiration of five years after the date of such forfeiture;
or
(h) a 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.
(2) A bar shall not be established within three hundred metres
of an educational institution, health facility or church:
Provided that this subsection shall not apply to premises
that were licensed before the coming into operation of
this Act.
(3) A licence shall not be granted to a company, society,
partnership or other association of persons:
Provided that —
(a) nothing in this subsection shall be deemed to prevent the
grant of a licence to a person in the employ of such
company, society, partnership or association; and
(b) where an employee to whom a licence was granted ceases
to be employed in a position in which the employee is
required to hold the licence, the 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 a licence to some other
person.
8. A licensing authority may reject an application for a licence
on 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;
Restrictions
relating to
grant of
licence
Rejection of
application
for licence
244 No. 20 of 2011] Liquor Licensing
(b) that the grant of the licence shall conflict with any approved
or proposed town plan or zoning area;
(c) that the grant of the licence is calculated to cause nuisance
or annoyance to persons residing in the neighbourhood
of the premises concerned;
(d) that the applicant is not a fit and proper person to hold a
licence;
(e) that, upon evidence given by the police, the licensing
committee is satisfied that the grant of the licence would
be detrimental to public order;
(f) where the application is for a new licence, that the applicant
has not satisfied the licensing committee that, having
regard to all the circumstances of the case, including
the number of existing licences in the area concerned,
there is a public need for such licence;
(g) in the case of a licence to be used at hotel premises, that
the hotel is not licensed under the provisions of the
Tourism and Hospitality Act, 2007;
(h) in the case of a licence to be used for a restaurant—
(i) that, upon evidence given by the police, the
licensing committee is satisfied that the grant
of the 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 be
regularly provided for guests, and that such
premises do not provide reasonable facilities for
persons taking meals in the restaurant; and
(i) in the case of a licence to be used for retail purposes—
(i) that the applicant has not satisfied the licensing
committee that, having regard to the
circumstances of the case, including the number
of existing licences, there is a public need for
the licence; or
(ii) that the applicant carries on in the premises, or in
premises directly communicating therewith, any
other business for which a licence is not in force:
Act No. 23
of 2007
Liquor Licensing [No. 20 of 2011 245
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 tobacco, tobacco
products, smokers’ and cocktail
requisites, mineral waters, cordials
and similar non-alcoholic beverages;
and
(B) the provisions of this paragraph shall
not apply where it is proved to the
satisfaction of the licensing
committee 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.
9. A licensee shall display a copy of the licence in a prominent
place at the business premises.
10. A holder of a licence may, at any time during the validity of
the licence, apply to the licensing committee concerned for the
variation of the terms and conditions of the licence.
11. Where a holder of a licence decides not to continue operating
the business in relation to which the licence relates, the holder shall
surrender the licence to the licensing committee concerned.
12. (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 the premises in place of the person
who holds or has held a licence for such premises.
(2) A person applying for the transfer of a licence shall, not less
than fourteen days before the application is made, give notice, in
writing, of the intention to make the application to—
(a) the licensee, where such application is not made by the
licensee; and
(b) the officer-in-charge of police in the area in which the
licensed premises are situated.
(3) The transfer of a licence shall not be granted except in the
following cases and to the following persons:
Display of
licence
Variation of
licence
Surrender of
licence
Transfer of
licence
246 No. 20 of 2011] Liquor Licensing
(a) where the licensee has died, to the licensee’s
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
the licensee’s 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 the licensee’s trustee or the new tenant or
occupier of the premises;
(d) where the licensee has, or the licensee’s 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; and
(f)where an employer wishes a licence to be transferred from
one employee to another in accordance with the proviso
to subsection (3) of section seven.
(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.
(5) A licensing committee shall not grant a transfer of a licence
unless it is satisfied that the transfer is to a fit and proper person.
13. (1) Where a licensee dies or is adjudged bankrupt, 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 twenty-six 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
Liquor Licensing [No. 20 of 2011 247
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 the transfer of a licence
affected by subsection (1) within the period of three months
mentioned in subsection (1) and the licensing committee adjourns
consideration of the application, the period of three months shall, if
necessary, be extended to the date of the determination of the
application.
14. (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 district.
(2) An application for the removal of a licence shall be made in
the prescribed manner and form by the person wishing to hold the
licence after removal.
(3) Without prejudice to any other power of a licensing committee
to refuse to grant the removal of a licence, the licensing committee
shall not grant any 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.
15. A licensing committee may amend a licence where—
(a) some other person has succeeded to the interest in the
business belonging to the licensee, by substituting the
name of the licensee with the name of the successor; or
(b) the name of the business has changed, by substituting the
name so changed.
16. (1) An application for the renewal of a licence shall be
made to the licensing committee which granted the original licence
in the prescribed manner and form upon payment of the prescribed
fee.
(2) A licensing committee may renew a licence on such terms
and conditions as it may determine.
(3) A licensing committee shall inform an applicant of the grounds
on which the grant or renewal of a licence has been refused or
conditions have been imposed.
Removal of
licence
Amendment
of licence
Renewal of
licence
248 No. 20 of 2011] Liquor Licensing
17. (1)Subject to the other provisions of this Act, a licensing
committee may suspend or cancel a licence if the holder —
(a) obtained the licence by fraud or submission of false
information or statements;
(b) contravenes this Act, any other written law relating to
the licence or any terms and conditions of the licence;
(c) has ceased to fulfil the eligibility requirements under this
Act; or
(d) the suspension or cancellation is in the public interest.
(2) A licensing committee shall, before suspending or cancelling
a licence in accordance with subsection (1), give written notice to
the holder thereof of its intention to suspend or cancel the licence
and shall—
(a) give the reasons for the intended suspension or
cancellation; and
(b) require the holder to show cause, within a period of not
more than thirty days, why the licence should not be
suspended or cancelled.
(3) A licensing committee shall not suspend or cancel a licence
under this section if the licensee takes remedial measures to the
satisfaction of the licensing committee within the period referred
to in subsection (2).
(4) A licensing committee shall, in making its final determination
on the suspension or cancellation of a licence, consider the
submissions made by the licensee under subsection (2).
(5) A licensing committee may suspend or cancel a licence if
the holder, after being notified under subsection (2), fails to show
cause or does not take any remedial measures, to the satisfaction
of the licensing committee, within the time specified in that
subsection.
(6) A licensee shall, where the licence is suspended, cease to
be entitled to the rights and benefits conferred under this Act for
the period of the suspension of the licence.
(7) Where a licence is cancelled, the holder of the licence shall
cease to be entitled to the rights and benefits conferred under this
Act, with effect from the date of such cancellation and shall return
the licence to the licensing committee concerned.
Cancellation
and
suspension
of licence
Liquor Licensing [No. 20 of 2011 249
(8) A licensing committee shall, where it suspends or cancels a
licence under this section, publish the suspension or cancellation,
as the case may be, in a daily newspaper of general circulation in
Zambia.
18. (1) A licensee shall only sell intoxicating liquor within the
hours prescribed by the Minister by statutory instrument.
(2) A local authority 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
licensee.
(3) An extension shall not be granted under the provisions of
this section in respect of more than one period of twenty four hours
at any one time.
(4) A person who contravenes subsection(1) commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a period not exceeding
two years, or to both.
19. (1) A licensing committee shall cause to be kept a register
of licences, in the prescribed form.
(2) A licensing committee shall cause to be entered in the register
of licences notice of any conviction of an offence by any licensee
entered in the register, including an offence under the provisions
of any written law relating to the adulteration of drink, and the
clerk of the court by which the licensee is so convicted shall
forthwith send notice of such conviction to the licensing committee
concerned.
20. (1) Any register shall be received in evidence of the matters
required by this Act, or any other written law, to be entered therein.
(2) A document purporting to be certified by a licensing
committee to be a true copy of an entry in a register shall be
received as evidence of the matters contained in such entry.
21. On an application for the grant, renewal, transfer or removal
of a licence, the licensing committee 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.
22. Any register shall be open to inspection by members of the
public at all reasonable times upon payment of the appropriate fee:
Provided that a public officer shall not be required to pay
any fee for inspection of a register.
Permitted
hours
Register of
licences
Register to
be evidence
Regard to be
had to
register
Inspection
of register
250 No. 20 of 2011] Liquor Licensing
PART III
APPEALS
23. (1) The Minister shall appoint an Appeal Tribunal consisting
of—
(a) a chairperson, who shall be a legal practitioner of not less
than ten years legal experience; and
(b) two other members;
for the purpose of hearing appeals under the provisions of this Act.
(2) The Minister shall appoint a person to be secretary of the
Tribunal.
24. (1) A person who is aggrieved with the decision of a
licensing committee may appeal to the Tribunal in the prescribed
manner.
(2) Notice of an appeal under the provisions of this section shall
be given to the Tribunal within thirty days of the decision appealed
against:
Provided that the chairperson of the Tribunal may
extend the time for giving notice of appeal.
(3) Upon the entry of an appeal under 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 is received
by the secretary to the Tribunal.
(4) In an appeal under 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 the appeal and
the licensing committee concerned, and no other person shall be
entitled to be heard on the appeal.
(5) An appellant in an appeal under this section shall serve on
all persons who, by virtue of subsection (4), may be respondents to
the appeal, copies of the notice and grounds of the appeal.
(6) A party to an appeal before the Tribunal may appear in
person or by counsel, and a licensing committee may appear by
counsel or by a member of the licensing committee nominated for
such purpose by the chairperson of the licensing committee.
(7) Where a licensing committee is a party to an appeal before
the Tribunal, the licensing committee may, in lieu of appearing before
the Tribunal, send to the secretary thereof and to the appellant a
statement of the reasons why the licensing committee considers
that the appeal should not be allowed, and the statement, if it purports
to be signed by the chairperson or secretary of the licensing
committee shall be received in evidence by the Tribunal.
Establish-
ment of
Tribunal
Appeal to
Tribunal
Liquor Licensing [No. 20 of 2011 251
(8) A licence shall, pending the determination of an appeal
against refusal to renew it, be deemed to remain in force until the
determination.
(9) The Tribunal may—
(a) by notice, in writing, require any person, subject to the
payment or tender of the reasonable expenses of that
person’s attendance, to attend as a witness and give
evidence or to produce any documents in that person’s
possession or power which relate to any matter in
question on an appeal under this section, and if any
person, without reasonable excuse, fails to comply with
any of the requirements of such a notice, that person
commits an offence and is liable, upon conviction, to a
fine not exceeding three hundred thousand penalty units:
Provided that a person shall not be required to
produce any book or account, voucher or receipt
which directly refers to that person’s business or
trade;
(b) take evidence on oath and make such other investigations
as it may consider necessary in assisting it to come to a
decision regarding any matter before it; and
(c) 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 commits an offence and is liable to a fine not
exceeding five 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 committee submits
a statement under subsection (7) and does not appear
before the Tribunal, no costs shall be awarded against
the licensing committee.
(10) The Tribunal shall hear and determine any appeal before it
and may make such order, in addition to, or in substitution for, the
matter appealed against, as it thinks fit, or may refer the matter
back to the licensing committee concerned with the directions of
the Tribunal which shall be binding on such committee.
252 No. 20 of 2011] Liquor Licensing
25. (1) A person aggrieved 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 the appeal shall be given to the High
Court within thirty days of the decision of the Tribunal.
(2) On the hearing of an appeal under the provisions of this
section, the High Court may —
(a) allow the appeal and direct the licensing committee
concerned accordingly;
(b) dismiss the appeal; or
(c) refer the matter back to the Tribunal or the licensing
committee for re-hearing in accordance with the
directions of the High Court.
26. (1) The Chief Justice may, by statutory instrument, make
rules relating to—
(a) the manner and form for lodging of appeals under this
Part;
(b) the mode of summoning persons before the Tribunal;
(c) the form and manner of service of a summons requiring
the attendance of a witness before the Tribunal and the
production of any book, record, document or thing;
(d) the procedure to be followed and rules of evidence to be
observed in proceedings before the Tribunal; and
(e) the appointment and functions of the assessors and experts
to the Tribunal.
(2) Rules made under this section may, in particular, provide —
(a) that before any matters are referred to the Tribunal they
shall, in such manner as may be provided by the rules,
have been brought before and investigated by the
licensing committee concerned;
(b) for securing notices for the proceedings and specifying
the time and manner of the proceedings; and
(c) for securing that any party to the proceedings shall, if
that person requires, be entitled to be heard by the
Tribunal.
Appeal to
High Court
Rules of
Tribunal
Liquor Licensing [No. 20 of 2011 253
PART IV
REGULATION OF SALE OF INTOXICATING LIQOUR
27. (1) Subject to the provisions of this Act, a person who—
(a) sells or offers for sale any intoxicating liquor without a
licence; or
(b) being a licensee, sells any intoxicating liquor except in the
licensed premises concerned;
commits an offence and is liable—
(a) upon a first conviction, to a fine not exceeding one hundred
thousand penalty units or to imprisonment for a period
not exceeding one year, or to both;
(b) upon a second conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for
a period not exceeding two years, or to both; and
(c) upon a third or subsequent conviction, to a fine not
exceeding three hundred thousand penalty units or to
imprisonment for a period not exceeding three years, or
to both.
(2) A licensee shall, on the second or subsequent conviction
under the provisions of this section, forfeit the licence.
(3) The court by which a person is convicted of an offence
under this section committed after a previous conviction of such
an offence may order that person to be disqualified from holding a
licence—
(a) upon a second conviction, for a period not exceeding five
years; and
(b) upon a third or subsequent conviction, for any term of
years or for life.
(4) The court by which a licensee is convicted of an offence
under the provisions of this section may declare all intoxicating
liquor found in that licensee’s possession, and the vessels containing
it, to be forfeited.
28. A licensee shall not sell —
(a) as a particular kind or brand of liquor or as liquor produced
by a particular person, any liquor which is not of such
kind or brand or which is not produced by such person;
or
(b) any liquor in a sealed container unless the container has a
label attached to it stating the alcohol content of the
liquor expressed in a percentage by volume.
Selling liquor
without
licence
Brand
reliability
and alcohol
content
254 No. 20 of 2011] Liquor Licensing
29. (1) Subject to the provisions of this Act, a person shall not—
(a) except during the permitted hours, by oneself or by that
person’s employee 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,
the premises any intoxicating liquor.
(2) Nothing in subsection (1) prohibits or restricts—
(a) the sale or supply to, or consumption by, any person of
intoxicating liquor in any premises where the person is
residing, or the supply of intoxicating liquor for
consumption on the premises of a licensed hotel to any
person lodging therein and bona fide entertained by the
person at that person’s own expense, or the consumption
of intoxicating liquor by persons so supplied; or
(b) the supply of intoxicating liquor for consumption on licensed
premises to any friends of the licensee bona fide
entertained by the licensee at the licensee’s own
expense, or the consumption of intoxicating liquor by
persons so supplied.
(3) A person who contravenes subsection (1), commits an
offence and is liable, upon conviction, to a fine not exceeding one
hundred thousand penalty units.
30. (1) A licensee shall not, without reasonable excuse, have
in the licensee’s possession on the licensed premises any liquor of
a kind not authorised by the licence.
(2) A licensee who contravenes subsection (1) commits an
offence and is liable —
(a) upon a first conviction, to a fine not exceeding two hundred
thousand penalty units ; and
(b) upon a subsequent conviction, to a fine not exceeding
three hundred thousand penalty units, and in either case,
shall forfeit the spirits and the vessels containing it.
31. (1) A person shall not supply any liquor to any person in
the person’s employ in lieu of, as part of, or as supplementing, the
employee’s wages or remuneration.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding one
hundred thousand penalty units or to imprisonment for a period not
exceeding one year, or to both.
Prohibition
of sale,
consumption,
etc. of liquor
except
during
permitted
hours
Liquor of
kind not
authorised
by licence
not to be
kept on
premises
Supply of
liquor to
employees
Liquor Licensing [No. 20 of 2011 255
32. (1) A person shall not consume liquor in a public place
other than licenced premises.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding fifty
thousand penalty units or to imprisonment for a period not exceeding
six months, or to both.
33. (1) A person shall not, without a licence, manufacture or
have any traditional beer in that person’s possession or custody.
(2) A person shall not manufacture, have in that person’s
possession or custody, sell or supply to any person or consume any
other drink, brew or concoction manufactured by means of the
process of fermentation of any substance, the consumption of which
drink, brew or concoction would be harmful or injurious to the health
or well-being of any person.
(3) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units.
34. (1) A person shall not manufacture or produce any alcoholic
drink, brew or concoction by means of the process of the
fermentation of sugar, treacle, malt or other substances, or by the
distillation of a fermented or distillate produce, which drink, brew
or concoction contains more than three percent of alcohol by
volume, for the purpose of selling or supplying the drink, brew or
concoction to any other person contrary to the standards prescribed
under the Standards Act.
(2) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units.
35. (1) A licensee shall not employ in the licensed premises, a
child or a person whose licence has been forfeited under this Act.
(2) A person who contravenes subsection (1), commits an
offence and is liable, upon a first conviction, to a fine not exceeding
two hundred thousand penalty units and, upon a subsequent
conviction, to a fine not exceeding three hundred thousand penalty
units.
(3) For the purposes of this section, a person shall be deemed
to be employed by the person for whom that person works
notwithstanding that that person does not receive a wage for that
person’s work.
(4) Where in any proceedings under the provisions of this section
it is alleged that a person was at any time a child and that person
appears to the court to have been a child, for the purposes of the
proceedings, that person shall be deemed to have been a child
unless the contrary is shown.
Prohibited
concoctions,
brews and
drinks
Prohibited
production
Cap. 416
Child or
certain
persons not
to be
employed in
licensed
premises
Consumption
of liquor in
public place
256 No. 20 of 2011] Liquor Licensing
36. (1) A licensee shall not knowingly sell or deliver, or allow
any other person to sell or deliver, intoxicating liquor to a child.
(2) A licensee, or an employee of a licensee, shall not
knowingly—
(a) allow any child to consume intoxicating liquor in any bar
in the premises; or
(b) allow any child to enter or remain in a bar.
(3) A child shall not —
(a) consume any intoxicating liquor; or
(b) enter or remain in any bar.
(4) A person who contravenes this section commits an offence
and is liable, on a first conviction, to a fine not exceeding five
hundred thousand penalty units and, on a subsequent conviction, to
a fine not exceeding seven hundred thousand penalty units.
37. (1) A licensee shall not permit any violent, quarrelsome or
riotous conduct to take place on the licensed premises.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon a first conviction, to a fine not exceeding
three hundred thousand penalty units and, upon a subsequent
conviction, to a fine not exceeding four hundred thousand penalty
units and to the forfeiture of that person’s licence.
38. (1) Without prejudice to any other right to refuse a person
admission to premises or to expel a person from premises, a licensee
or a licensee’s employee 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 the licensee’s
premises would subject the licensee to a penalty under this Act or
any other written law.
(2) If a person liable to be expelled from any licensed premises
under the provisions of this section if requested by the licensee or
the licensee’s employee or agent or any police officer to leave the
premises fails to do so, the person commits an offence and is
liable, upon conviction, to a fine not exceeding one hundred thousand
penalty units.
39. (1) A licensee shall not use licensed premises as a brothel.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to imprisonment for a period
not exceeding five years and to the forfeiture of the licence.
Restriction
on sale,
delivery etc.
of liqour to
children
Licensee not
to permit
violence, etc.
Power to
exclude
drunkards,
etc. from
licensed
premises
Prohibition
of using
licensed
premises as
brothel
Liquor Licensing [No. 20 of 2011 257
40. (1) An authorised officer may, where any riot or tumult
occurs or is expected to occur in any place, order any licensed
premises in or near the place to be closed during such time as the
authorised officer may think fit.
(2) A person who resists or obstructs the execution of an order
given under subsection (1) and any licensee who sells intoxicating
liquor in contravention of such order commits an offence and is
liable, upon conviction, to a fine not exceeding two hundred thousand
penalty units, and the licensee so convicted shall have the licence
forfeited.
41. (1) The Minister may, where the Minister is satisfied that
a licensee 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, by order, forfeit the licence of the licensee and a copy
of the order of forfeiture shall be served on the licensee.
(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, licensing committee
or the Tribunal, be conclusive evidence of the fact of forfeiture.
42. Where a licence is forfeited under any provision of this
Act, the principal officer of the District in which the licensed
premises concerned are situated shall, upon the application of the
licensee whose licence is forfeited, in writing, permit the licensee
to dispose of the licensee’s 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 of
licensees shall, during that period, apply to the person so permitted
as they apply to a licensee.
43. (1) A licensing committee may, upon the grant, renewal or
removal of a licence, 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 licensing committee thinks are reasonably necessary to ensure
the suitability of such rooms for the sale of intoxicating liquor and
for the accommodation of the public.
(2) The secretary to a licensing committee shall serve on the
owner of the licensed premises notice of any order made under the
provisions of this section.
Closing of
premises in
case of riot
Forfeiture of
licence by
Minister
Disposal of
stock in
hand where
licence is
forfeited
Power to
require
structural
alterations
258 No. 20 of 2011] Liquor Licensing
(3) Where an order made under the provisions of this section is
complied with, the licensing committee 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) A licensee who fails to comply with the requirements of an
order made under the provisions of this section commits an offence
and is liable to a fine not exceeding five hundred thousand penalty
units and to a further fine not exceeding three thousand penalty
units for every day the default continues after the expiration of the
time fixed by the order.
PART V
CONTROL AND INSPECTIONS
44. (1) An authorised officer may, at any reasonable time with
or without a warrant, enter upon, inspect and search—
(a) any premises in respect of which an application for the
granting of a licence or approval is pending;
(b) any licensed premises for the purpose of inspecting the
licensed premises;
(c) any premises or vehicle, or any part thereof, in respect of
which there are reasonable grounds to suspect that a
contravention of any provision of this Act is being, or is
about to be,committed; or
(d) enter any premises on or in which liquor is being sold and
demand that the current licence authorising the sale be
shown to the authorised officer.
(2) A person exercising any power or performing any duty under
this Act shall, on demand by any person affected by the exercise
or performance of such powers or duties, produce proof of that
person’s identity and appointment or authority to exercise the powers
or perform the duties.
(3) An authorised officer may, subject to subsection (4), seize
and remove from any premises or vehicle, any article or thing if the
authorised officer has reason to suspect that the possession or
keeping of such article or thing on or in the premises or vehicle is
unlawful or the article or thing is being used for the commission of
an offence under this Act.
Inspection of
premises
Liquor Licensin [No. 20 of 2011 259
(4) An authorised officer shall, where the authorised officer
seizes any article or thing under subsection (3), issue a receipt in
the prescribed form in respect of the seized article or thing and
shall give the receipt to the person in whose possession or under
whose control the article or thing was found.
PART VI
GENERAL PROVISIONS
45. A licensee or an employee of a licensee who—
(a) allows any unlawful game or gambling to be carried on
upon the licensed premises;
(b) allows liquor to be consumed on the licensed premises at
a time or on a day when, or at a place where, the
consumption of the liquor is prohibited by this Act or not
authorised in terms of the conditions of the licence in
respect of such premises;
(c) sells, supplies or deals in liquor in a manner not authorised
by this Act or the conditions of the licence in terms of
which the business on the licensed premises is conducted;
(d) fails to comply with any condition imposed in respect of a
licence; or
(e) fails to display a licence or notice in terms of this Act;
commits an offence and is liable, upon conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a period not exceeding three years, or to both.
46. (1) A person, whether or not the person is a licensee,
who—
(a) refuses or fails to comply with a lawful demand made by
an authorised officer to furnish information relating to
the person’s name or address, or to produce a licence
or other document;
(b) obstructs or hinders an authorised officer or other person
in the performance of any duty under this Act;
(c) unlawfully and with the intent to deceive—
(i) alters, destroys, damages or renders illegible;
(ii) withholds from any person entitled to take
possession or to scrutinise; or
(iii) uses fraudulently or for any unlawful purpose;
any licence or other document issued under, or for the purpose of,
this Act;
Offences by
licensee or
employee
Offences in
general
260 No. 20 of 2011] Liquor Licensing
(d) submits to the licensing committee any written information,
which information the person knows to be false, or any
forged document or document which purports to be, but
which is not, a true copy of the original of a document,
or in any way assists any person in the submission of
the document;
(e) refuses or fails to leave any licensed premises when
requested to do so by the licensee or an employee of
the licensee, or by a police officer, as the case may be,
or enters or is upon any restricted portion of any licensed
premises, knowing that that person’s presence upon
the premises, or the restricted portion of such premises,
is unlawful;
(f) is or becomes intoxicated in the vicinity of or near—
(i) any road, park or public place;
(ii) any shop, warehouse, service station or garage;
(iii) any place of entertainment, restaurant or race
course; or
(iv) any other place to which the public is admitted or
has access, whether by payment or otherwise,
and whether or not the right of admission to
such place is reserved;
(g) introduces into, possesses or consumes any liquor in any
portion of a sports ground to which members of the
public have or are granted access, except on such portion
of such sports ground as may constitute licensed
premises at the time of such possession or consumption;
(h) purchases or obtains any liquor at a time when, or at a
place at which, or in circumstances in which, it is unlawful
for such liquor to be sold or supplied to, or to be obtained
by, that person; or
(i) fails to comply with an order made under this Act;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.
(3) A person who aids and abets another person in the
commission of an offence under this section, or who is an accessory
to the commission of the offence commits an offence and is liable,
upon conviction, to the same penalties that the other person will,
upon conviction, be liable to.
47. (1) A document purporting to be a licence and signed by a
licensing committee shall be received in evidence.
Proof of
licences
Liquor Licensing [No. 20 of 2011 261
(2) A document purporting to be a true copy of a licence certified
under the hand of the licensing committee which issued the original
licence shall be received in evidence on an application for the
renewal, transfer or removal of the licence if the licensing committee
to whom the application is made is satisfied by evidence that the
original licence is lost or unlawfully withheld.
48. (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 the liquor without proof that money passed.
(2) Evidence that consumption of intoxicating liquor was about
to take place shall, in any proceedings relating to an offence under
the provisions of this Act, 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 an employee employed in the licensed premises,
consumed or intended to consume intoxicating liquor in the premises
shall be evidence that the liquor was sold by, or on behalf of, the
licensee to that person.
49. (1) A magistrate may, where the magistrate is satisfied by
information, on oath, that there is reasonable ground to believe that
any intoxicating liquor is sold by retail at any place, being a place
where that liquor may not lawfully be sold by retail, issue a search
warrant to a police officer authorising the police officer at any time
or times within thirty days from the date of the warrant to enter the
place, which is 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 grounds to
believe to be in the place for the purpose of unlawful sale there or
elsewhere, and the vessels containing such liquor.
(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 that owner
or occupier is not authorised to sell by retail, or is convicted of
having in the owner or occupier’s possession intoxicating liquor
that the owner or occupier is not authorised to sell, any intoxicating
liquor so removed, and the vessels containing it, shall be forfeited.
50. (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.
Evidence of
sale, etc.
Search
warrant
Offences and
forfeitures
262 No. 20 of 2011] Liquor Licensing
(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.
51. (1) Where the conviction of a licensee is entered in a register
under subsection (2) of section nineteen, the person making such
entry shall serve notice of the conviction on the registered owner
of the premises.
(2) A notice served under subsection (1) may be served by
registered post and 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 the owner’s address or, if the owner has
not specified the place, that the person serving the notice believes
to be the owner’s address.
52. (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
a fee, to be in force until the appeal is determined or ceases to be
prosecuted.
(2) A temporary licence granted under 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.
53. (1) The Minister may, by statutory instrument, prescribe
any matter which is necessary to be prescribed for the purpose of
giving effect to the provisions of this Act.
(2) Without prejudice to the generality of subsection (1),
regulations under that subsection may make provision
for —
(a) the hours during which different licensed premises may
be open for business, or liquor may be sold or consumed
on such premises;
(b) the control, restriction or prohibition in respect of the
manufacture, import, export, keeping, stocking, bottling,
packaging, conveyance, possession, sale, supply or use
of intoxicating liquor;
(c) the form and manner in which, and the period of time in or
during which an application, objection, submission,
representation or notification under this Act may be
made or lodged; and
Notice of
conviction of
licensee to
be given to
owner
Temporary
licence
pending
appeal
Regulations
Liquor Licensing [No. 20 of 2011 263
(d) any other matter which is by this Act required or permitted
to be prescribed.
(3) The matters referred to in paragraph (b) of subsection (2)
shall be prescribed in consultation with the Ministers responsible
for health and commerce.
54. (1) The Liquor Licensing Act, 1959, is hereby repealed.
(2) Notwithstanding subsection (1)—
(a) a licence issued under the repealed Act shall continue to
be valid up to 31st December, 2011 after which the
licensee shall apply for a licence in accordance with the
provisions of this Act; and
(b) an application for a licence pending before a provincial
licensing board or a licensing officer, immediately before
the commencement of this Act, shall be dealt with by
the relevant licensing committee in accordance with the
provisions of this Act.
Repeal of
Cap. 167
Act No. 1 of
1959
Cap. 167
264 No.20 of 2011] Liquor Licensing
