Bottle store licence

9. (I) A bottle store licence shall authorize the sale on the licensed premises of liquor in sealed containers for consumption away from such premIses.

(2)

A bottle store licence may, upon an application made in terms of section 27, and subject to the further provisions of this Act, be granted and issued to, and held by, the applicant.

(3)

The holder of a hotel liquor licence, other than a hotel liquor licence granted in respect of a guest farm, a rest camp, a caravan park or a safari undertaking, shall, subject to the further provisions of this Act and upon an application made in terms of section 27, be entitled to a bottle store licence to be conducted upon premises which are situated

(a)

on or within the hotel premises, but in such a location and manner that access to the bottle store shall only be obtained from a street;

(b)

in the local authority area wherein such hotel is situated, but not more than four kilometres from such hotel.

(4)

If the holder of a hotel liquor licence referred to in subsection (3), in addition to such licence, holds a bottle liquor licence, and such holder ceases to hold such hotel liquor licence, the bottle store licence held by such holder shall, subject to subsection (5), terminate upon the date such holder so ceases to hold such hotel liquor licence.

(5)

If the holder referred to in subsection (4) ceases to hold the hotel liquor licence as a result of the transfer of such licence to another person, the bottle store licence referred to in that subsection shall, unless transferred to such other person within a period of three months after the transfer of the hotel liquor licence, terminate at the expiration of such three month period.

(6)

A bottle store licence shall not be granted in respect of any establishment referred to in subsection (4) of section 7, except with the prior written approval of the Minister respectively mentioned in paragraph (a) or (b) of that subsection, as the case may be.

(7)

No bottle store licence shall be granted to any person who is the holder of a shebeen liquor licence granted under section 5.

or

Grocery liquor licence

10. (1) A grocery liquor licence may, upon an application made in terms of section 27, be granted and issued to, and held by, a person who satisfies the Committee that he or she is conducting a business as a general dealer in food-stuffs, groceries or other commodities or merchandise for house-hold consumption, or will be conducting such a business, whether or not other goods, in addition to such food-stuffs, groceries, commodities or merchandise for house-hold consumption, are or will be sold on or at the premises concerned.

(2)

A grocery liquor licence shall authorize the sale of light liquor in sealed containers on a specified portion of the premises where the business referred to in subsection (1) is conducted, for consumption away from such premises.

(3)

No bottle store licence shall be granted to a person referred to in subsection (1) for the conducting of a business or undertaking in terms of such licence on the premises referred to in that subsection.

(4)

The Minister may prescribe the hours during which any light liquor may be sold on a licensed premises contemplated in subsection (1).

Wholesale liquor licence

11. (1) A wholesale liquor licence may be granted upon an application made in terms of section 27 and shall, subject to subsection (3), authorize the sale, in sealed containers, by the holder of such licence to any other licensee for resale by such other licensee, of such kinds of liquor as such other licensee is entitled to sell in terms of his or her licence.

(2)

A wholesale liquor licensee may both on or away from the licensed premises solicit or take orders for the delivery of liquor from the premises.

(3)

Notwithstanding subsection (1), a wholesale liquor licensee may sell liquor in sealed containers to

(a)

an airline designated in terms of a bilateral air services agreement entered into between the Government of Namibia and the country in which such airline is validly registered; or

(b)

any person in charge of any premises or vessel in respect of which the exemptions granted by section 77 (a), (b), (c) or (e) apply.

Brewery depot licence

12. (1). A brewery depot licence may upon an application made in terms of section 27, be granted and issued to, and held by, a brewer of beer who holds a licence issued under section 1of the Brewers and Distillers Licences Duty Proclamation, 1924 (Proclamation 3 of 1924).

(2)

Subject to subsection (3) or (4), as the case may be, a brewery depot licence shall authorize the sale, in sealed containers, of beer brewed in terms of a licence referred to in section 1 of the Brewers and Distillers Licences Duty Proclamation, 1924, at any depot approved by the Committee concerned, to any licensee.

(3)

A separate licence referred to in subsection (1) shall be required for each depot referred to in subsection (2).

Distillery licence

13. (1) A distillery licence may, upon an application made in terms of section 27, be granted and issued to, and held by, any person who holds a distiller's licence in Namibia under the Customs and Excise Act, 1964 (Act 91 of 1964).

(2) Subject to subsection (3), a distillery licence shall authorize the

sale on the distillery premises, in sealed containers, of products distilled at such premises, to any licensee under this Act, further subject to

(a)

the conditions of the distiller's licence of the holder held under the Customs and Excise Act, 1964, referred to in subsection (1); and

(b)

such further conditions, if any, as may be prescribed.

Parks liquor licence

15. (1) A parks liquor licence in respect of premises situated in a national park, a national game reserve, a nature reserve, a recreation area or other public resort belonging to the State may, upon an application made in terms of subsection (2), be granted and issued to, and held by, a person who is not a disqualified person.

(2)

An application for a parks liquor licence shall be made by the applicant in the prescribed form and manner and, together with the application fee imposed by the third column of Part 1 of First Schedule, be lodged with the Chairperson of the Committee established for the region in which the national park, national game reserve, nature reserve, recreation area or other public resort referred to in subsection (1) is situated.

(3)

The Committee Chairperson referred to in subsection (2) shall, in consultation with the Permanent Secretary: Environment and Tourism, consider the application, and may

(a)

grant or refuse the application; or

(b)

grant the application subject to such conditions as the Committee Chairperson may, in consultation with that Permanent Secretary, impose under this Act or under the Tourism Ordinance.

(4)

Separate parks liquor licences shall be required for

(a)

on-consumption; and

(b)

off-sales.

(5)

A parks liquor licensee holding an on-consumption licence may serve or sell light liquor for on-consumption only to persons taking a meal on

the licensed premises at or in the facilities provided for such purpose by the licensee.

(6)

A parks liquor off-sales licence shall authorize the sale on the licensed premises, in sealed containers and for consumption away from the licensed premises only

(a)

of light liquor to day-visitors to the park, reserve, recreation area or resort contemplated in subsection (1); or

(b)

subject to such conditions as the Committee Chairperson referred to in subsection (2) may, in consultation with the Permanent Secretary: Environment and Tourism, impose, of spirituous liquor to visitors staying overnight in the park, reserve, recreation area or resort contemplated in that subsection.

(7)

Subject to subsection (8), the provisions of this section shall not prohibit the Permanent Secretary: Environment and Tourism to, on behalf of the State and without any licence, sell liquor in any park, reserve, recreation area or resort, as the case may be, contemplated in subsection (1), in terms of subsection (6) as if that Permanent Secretary or the State were the holder of a

.

parks liquor licence in respect of such park, reserve, recreation area or resort, as the case may be.

(8)

Subsection (7) shall not apply in a park, reserve, recreation area or resort, as the case may be, contemplated in subsection (1) while any person holds a park liquor licence in respect of such park, reserve, recreation area or resort, as the case may be.

(9)

The Permanent Secretary: Environment and Tourism may, subject to such conditions as he or she may deem appropriate, delegate to one or more officers in the Ministry of Environment and Tourism, any ofthe powers, duties or functions he or she has in terms of this section, but shall not be divested of any of the powers, duties or functions so delegated.

PART II
LICENCE CONSIDERATIONS AND
IMPOSING OF CONDITIONS

Consideration of licence applications

16. A Committee, a Committee Chairperson or a magistrate, as the case may be, shall, when considering an application for the granting of a licence under this Act

(a)

take into account

(i)

the social and welfare consequences which the business or undertaking to be conducted in terms ofthe licence will have for the residents of the district or local authority area concerned, as the case may be;

(ii)

whether the business or undertaking to be conducted in terms of the licence concerned is likely to create a public nuisance or annoyance in the vicinity of such business;

(iii) the need to avoid, as far as possible, the establishment of licensed premises in the vicinity of schools or places of worship;

(iv)

the suitability of the premises upon which the intended 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 trade detrimental to the public interest being created or aggravated by the grant of such 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;

(b)

not take into account any commercial factors or any economic consequences for existing licensees, except where such factors or consequences are considered for the purposes of subparagraph (v) of paragraph (a).

Imposing of conditions

17. A Committee, a Committee Chairperson or a magistrate, as the case may be, may, when granting any application for a licence, for an approval or for an authority under this Act, impose conditions which

(a)

prohibit or restrict the sale or the consumption, as the case may be, of liquor in respect of

(i)

certain parts of the premises concerned;

(ii)

certain times of 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 conveniences on, or health or police supervision of, the premises concerned;

(c)

are, in the opinion of such Committee, a Committee Chairperson or a magistrate, as the case may be, considered necessary or desirable; or

(d)

may be prescribed in respect of the licence concerned.

Disqualified persons

19. No person shall be granted an application for, or hold any licence, authority or certificate under this Act, or act as a manager referred to in section 18, if such person

(a)

has either in Namibia or elsewhere during the preceding five years under any law been convicted of an offence relating to

(i)

the selling or supplying of liquor to any person not entitled to purchase or receive such liquor; or

(ii)

the selling, dealing in or disposing of liquor without the licence required for such sale, dealing in or disposal;

(b)

is not a Namibian citizen or not lawfully admitted for permanent residence to, and resident in, Namibia;

(c)

is an unrehabilitated insolvent; or

(d)

is under the age of twenty-one years. Contents of licence

20. A licence issued under this Act shall be in the prescribed form and shall contain full particulars in respect of

(a)

the kind of licence, and in the case of a hotel liquor licence, the nature of the accommodation establishment;

(b)

the surname, first names, residential address and postal address of the licensee;

(c)

the surname, first names, residential address and postal address of the manager, if any, of the business conducted in terms of the licence at the time of the issue of the licence;

(d)

the trade name of the business conducted in terms of the licence;

(e)

the location of the premises where the business or undertaking concerned is or will be conducted;

(f)

the kind or kinds of liquor permitted to be sold on the premises;

(g)

the date of commencement and the date of expiry of the period of validity of the licence;

(h)

any conditions, restrictions or privileges, as the case may be, which

(i)

are to be complied with before the commencement date of the licence or within a specified period of time after such date; or

(ii)

shall during the currency of the licence apply, including any specification relating to public or private bars;

(i)

the date and place of issue of the licence;

(j)

the fee paid in respect of the licence;

(k)

the title and signature of the issuing officer; and

(1)

such other particulars as maybe prescribed. Duration and termination of licences

21. (1) A licence shall, subject to section 20(g), be valid from the date of issue of such licence.

(2)

A temporary licence shall terminate

(a)

at the expiry of the period of time for which such licence was granted; or

(b)

if the licensee in writing surrenders such licence to the magistrate before the expiry of such period, on such date such licence is so surrendered.

(3)

A licence, including any renewal of such licence, but excluding a temporary licence, shall terminate

(a)

if the licensee in writing surrenders such licence to the secretary, or in the case of a hotel liquor licence or parks liquor licence, to the Permanent Secretary: Environment and Tourism;

(b)

on 31 March of any year, if the annual licence fee in respect of such licence payable in terms of section 22(2) on or before such date of such year, remains unpaid on such date;

(c)

on the date determined by the Committee in terms of section 64(5) or 65(6), as the case may be, in the event of the licence being cancelled under any of those sections;

(d)

on the date of cancellation of such licence under section 72(2)(a);

(e)

if the licensee ceases, or, for a continuous period of three months fails, to conduct business in terms of such licence;

(f)

in the case of a hotel liquor licence, if the licensed premises ceases to be registered under the Tourism Ordinance; or

(g)

in terms of any other provision of this Act providing for such termination.

Fees

22. (1) There shall be payable in the prescribed manner

(a)

on the lodging of an application, the fee imposed by the third column of Part I or II, as the case may be, of the First Schedule in respect of such application;

(b)

on the issue of any licence, authority or approval, the fee imposed

by the fourth column of Part I or II, as the case may be, of the First Schedule in respect of such licence, authority or approval, as the case may be; or

(c)

on the lodging of an appeal in terms of section 41, the fee imposed by Part III of the First Schedule.

(2)

Every licensee, other than the holder of a temporary licence, shall during March of every year pay the annual licence fee imposed by the fourth column of Part I or II, as the case may be, of the First Schedule in respect of such licence.

(3)

The licence of a licensee who fails to comply with subsection (2), shall terminate in terms of paragraph (b) of subsection (3) of section 21.

(4)

No application in respect of which an application fee is imposed by the First Schedule, shall be lodged unless such fee has been duly paid in the prescribed manner and proof of such payment lodged with the person having to consider such application.

(5)

No fee paid in terms of any provision of this Act, or any part of such fee, shall be refundable.

(6)

All fees paid in terms ofthis Act shall be for the benefit ofthe State Revenue Fund.

(7)

The Minister may, by notice in the Gazette, amend the First Schedule and increase or decrease any amount specified in that Schedule.

PART III
REGIONAL LIQUOR LICENSING

Application

23. Sections 24, 25, 26, 27, 28, 29, 30, 31,32,35,36,37,38,39 and 40 shall not apply to hotel liquor licences or parks liquor licences.

Regional Liquor Licensing Committees

24. (1) For each region there is hereby established a Regional Liquor Licensing Committee.

(2)

A Committee established by subsection (1) shall consist of the following five members appointed in the following manner:

(a)

Two ex officio members, namely

(i)

the magistrate resident in or assigned to the district in which the seat of the region concerned is situated, who shall be the Committee Chairperson; and

(ii)

the police officer for the time being in command ofthe police for the region concerned, or in his or her absence, his or her deputy;

(b)

two members appointed by the Minister by notice in the Gazette, from the following persons

(i)

(aa) a health officer; or

(bb) a social worker registered or authorized to practise as such under the Social and Social Auxiliary Workers' Professions Act, 1993 (Act 22 of 1993); or

(cc) a registered nurse registered or authorized to practise as such under the Nursing Professions Act, 1993 (Act 30 of 1993); or

(dd) a medical practitioner registered or authorized to practise as such under the Medical and Dental Professions Act, 1993 (Act 21 of 1993),

practising his or her profession in the employment of the State in the region concerned and nominated by the Minister of Health and Social Services; and

(ii)

one member nominated by the affiliated chamber in the region concerned of the Namibia National Chamber of Commerce and Industry and appointed by the Minister, or failing such a nomination, one resident of such region appointed by the Minister; and

(c)

one representative, residing in the boundaries of the region, appointed by the regional council concerned.

(3)

The Minister may appoint alternate members for those members appointed by him or her under subsection (2).

paragraph (a) or (b), shall be a member of a Committee.

(5) In the absence of a Committee Chairperson, the acting magistrate in the district concerned shall, during such absence, perform the functions of the Committee Chairperson.

Secretaries of Committees

25. (1) Every Committee Chairperson shall appoint a member of his or her staff to act as secretary of the Committee of which he or she is the chairperson.

(2)

The secretary shall

(a)

keep proper minutes of the proceedings and decisions of the Committee; and

(b)

perform the other functions conferred upon him or her by or under this Act, or assigned to him or her by the Committee Chairperson,

but shall not have the right to vote at any meeting of the Committee.

Proceedings of Committees

26. (1) Meetings of a Committee shall be held

(a)

at the seat of the region; and

(b)

on and at the prescribed dates and times,

for the purpose of considering applications made in terms of section 27.

(2)

The secretary shall cause

(a)

a notice of the date, time and place of a meeting referred to in subsection (1), and the particulars of the applications or other matters to be considered at such meeting, to be published, in the prescribed form and manner, and in or within the prescribed period or periods of time, in two news papers circulating in the region; and

(b)

a copy of the notice referred to in paragraph (a) to be displayed on the notice board at the seat of the region, for not less than the prescribed period of time, immediately prior to the date of the meeting referred to in that paragraph.

(3)

A quorum for a meeting of a Committee shall be three members, ot whom one shall be the chairperson.

(4)

Subject to subsection (5)

Act No.6, 1998 LIQUOR ACT, 1998

(a)

every member of the Committee shall have one vote in respect of every matter put to the vote at a meeting; and

(b)

a decision of the Committee shall be taken by a majority of the votes cast by the members present at the meeting concerned.

(5)

Notwithstanding subsection (4), the Committee Chairperson may, at a meeting of the Committee, in addition to his or her deliberative vote, exercise a casting vote in the event of an equality of votes.

(6)

No member of a Committee shall remain present at any meeting of such Committee when any application or other matter in which he or she, or his or her partner, agent or business associate, or a member of his or her family or household has any interest, is being considered or decided on.

(7)

Different forms or manners of, or different periods of time for, the publication or display of notices in terms of subsection (2) may be prescribed for the different regions.

Applications to a Committee

27. (1) An application for

(a)

the grant of a licence under this Act, but excluding

(i)

a temporary liquor licence;

(ii)

a hotel liquor licence; or

(iii) a parks liquor licence;

(b)

a conditional authority in terms of section 30 in respect of proposed or incomplete premises;

(c)

approval in terms of section 31 to temporarily or permanently remove a licence to different premises in the district concerned; or

(d)

the amendment of any conditions, restrictions or privileges relating to an existing licence,

for consideration by the Committee concerned, shall, after payment of the applicable application fee imposed by the First Schedule, be lodged in the prescribed form and manner with the clerk of the court at the magistrate's court of the district in which the licensed premises, or the premises in respect of which a licence or a conditional authority is applied for, are situated.

(2) The magistrate of the district referred to in subsection (1) shall, in the prescribed manner, deal with an application lodged with such magistrate in terms of that subsection.

Objections and submissions

28. (1) Subject to the further provisions of this section

(a)

any resident, or group of residents, of the district in which the licensed business is or will be situated or conducted;

(b)

any person conducting a business of any kind in the district referred to in paragraph (a); or

(c)

the local authority in whose area of jurisdiction the licensed business is or will be situated or conducted,

may lodge an objection to the granting of an application made in terms of section 27.

(2)

No licensee may lodge an objection in his or her capacity as a licensee, unless the objection bears on the existenGe or creation of a possible monopolistic condition referred to in section 16(a)(v).

(3)

A person or group of persons referred to in subsection (1) may, irrespective of whether an objection in terms of that subsection has been lodged, for consideration at the hearing in terms of section 29, lodge a written submission setting out recommendations or general proposals in respect of

(a)

the number or kind of licences in the district referred to in paragraph

(a)

of subsection (1); or

(b)

the conditions, restrictions or privileges relating or applicable to the licences contemplated in paragraph (a) of this subsection.

(4)

Any objection or submission made in terms of this section shall

(a)

be made and lodged in the prescribed form and manner; and

(b)

be lodged with the secretary of the Committee not less than the prescribed period of time prior to the date of hearing of the application concerned.

(5)

The secretary shall not less than the prescribed period of time prior

to the date of hearing of the application concerned, furnish to the applicant a copy of the objection or submission, as the case may be, lodged or made in terms of this section.

Hearings by a Committee

29. (1) At a hearing by a Committee of an application made in terms of section 27, there may be present and be heard

(a)

the applicant;

(b)

any person who has lodged an objection or submission in terms of sectjon 28; or

(c)

a representative of the local authority in whose area of judsdiction the licensed business is or wm be situated or conducted.

(2)

Any person referred to in subsection (l) may appear in person and, when so appearing, may be represented by a legal practitioner.

(3)

The Committee Chairperson shall conduct the proceedings at a hearing referred to in subsection (1) mutatis mutandis in terms of the laws applicable to the hearing of a civil application in a Magistrate's Court and any viva voce evidence presented shall be under oath and be recorded verbatim.

(4)

Subject to subsection (3), a headng referred to in subsectjon (1) shall be open to the public.

(5)

The Committee Chairperson may, at the commencement of or during

the course of a headng referred to in subsection (1), and for sufficient cause, adjourn such hearing to such date and tjme as the Chairperson may determine.

(6)

Any person, excluding a magistrate, who has submitted a report in respect of an application to be considered by a Committee, may, in relation to such report, during a hearing be called for examination by any person referred to in subsection (1) or by the Committee Chairperson.

(7)

The Committee shall, after considering the application, and the reports, submissions or objections pertaining to such application, submitted to it in terms of this Act, and after hearing those persons present at the meeting

(a)

refuse the application; or

(b)

grant the application; or

(c)

grant the application subject to such conditions as the Committee may consider appropriate.

(8)

If a Committee refuses an application or grants an application subject

to conditions not specifjed in the application, as the case may be, the Committee shall in writing furnish the applicant with reasons for such refusal or for the imposition of such conditions, as the case may be.

Conditional authority for proposed or incomplete premises

30. (1) Whenever a Committee grants an application for a new licence in respect of premises not yet erected or completed, or which require alterations,

Act No.6, 1998

LIQUORACT, 1998

enlargement, renovation or repairs to make such premises suitable for conducting the business or undertaking in terms of such licence, the Committee shall issue to the applicant a conditional authority in the prescribed form for the issue of such licence, and shall in such conditional authority specify the conditions subject to which such application was granted, including the period of time within which such premises are to be so erected, completed, altered, enlarged, renovated or repaired, as the case may be, which period of time shall not exceed 12 months.

(2)

The licence referred to in subsection (1) shall not be issued in terms of section 38 until the magistrate of the district in which the premises concerned are situated, in the prescribed form and manner confirms that such premises

(a)

have been completed; and

(b)

comply with the conditions of the conditional authority granted under that subsection.

(3)

If any condition imposed under subsection (1) is not complied with within the period of time specified in the conditional authority granted under that subsection, such conditional authority so granted shall, subject to subsection

(4), terminate at the expiry of such period of time.

(4) The magistrate of the district in which the premises concerned are situated may, upon an application made in the prescribed form and manner and submitted to him or her together with the applicable application fee imposed

by the third column of Part II of the First Schedule, before the expiry of the period of time contemplated in subsection (3) and subject to such further requirements as the magistrate may consider appropriate, extend such period of time for a further period of time not exceeding six months.

Removal of licenses

31. (1) A licensee, other than a temporary liquor licensee, may in terms of section 27(1)(c) in the prescribed form and manner, apply to the Committee for approval to, whether permanently or temporarily, remove a licence to another premises in the same local authority area, or if such premises are not situated in a local authority area, to other premises in the same district, as the case may be.

(2) The Committee shall consider an application referred to in subsection (1) mutatis mutandis in accordance with sections 16,26,27,28 and

29.

(3)

If the Committee approves an application referred to in subsection (1), an amended licence shall be issued to the licence holder concerned in terms of section 38.

(4)

If the Committee approves an application referred to in subsection

(1)

subject to conditions relating to the premises to which the licence is to be removed, or subject to any other condition under this Act, to be complied with

(a)

within a specified period of time; or

(b)

before the licence may be removed to such premises,

then the Committee shall issue a conditional authority in respect of which subsections (2), (3) and (4) of section 30 shall mutatis mutandis apply.

(5)

No application for the removal of a licence

(a)

from premises situated in the area of one local authority to premises situated in the area of another local authority; or

(b)

from premises situated in one district to premises situated in another district,

shall be granted under this section. Applications to a magistrate

32. (I) An application for the granting of

(a)

a temporary liquor licence under section 8;

(b)

transfer of a licence under section 33;

(c)

approval for the acquiring of a controlling interest under section 34;

(d)

approval under section 35 for the change of the name of licensed premIses;

(e)

approval under section 36 for a short term leasing of licensed premIses; or

(f)

approval under section 50 for the making of structural alterations to any building on licensed premises,

shaH in the prescribed form and manner and upon payment of the applicable application fee impQsed by the third column of the First Schedule, be made to the magistrate of the district in which the licensed premises are situated.

(2)

An applicant in respect of an application referred to in paragraph (b), (c) or (d) of subsection (I), shall

(a)

within such period of time prior to lodging the application;

(b)

in such form and manner; and

(c)

in such newspaper or newspapers,

as prescribed, publish a notice of such intended application.

(3) Upon receipt of an application contemplated in subsection (1) and before considering such application, the magistrate referred to in that subsection

.

(a)

may, in the prescribed manner, obtain from any person or authority a report on or in respect of the applicant or the application, or on or in respect of any matter relating to the application; and

(b)

shall

(i)

cause a copy of the notice referred to in subsection (2) and a notice in the prescribed form containing the date ofthe public hearing contemplated in subparagraph (ii), to be displayed on the notice board at the magistrate's court in the form and manner, and for the period of time prior to the date of the hearing referred to in that subparagraph, as prescribed; and

(ii)

conduct a public hearing in respect of the application, and may summon the applicant or any witness to appear before him or her at such hearing.

(4)

Objections against, or submissions relating to, an application in terms of this section, shall be lodged with the clerk of the magistrate's court, mutatis mutandis in accordance with section 28.

(5)

The provisions of section 29 shall mutatis mutandis apply to the hearing of an application by a magistrate in terms of this section

(6)

The magistrate shall, after considering the application, reports, submissions or objections submitted to it in terms of this Act, and after hearing those present at the meeting

(a)

refuse the application; or

(b)

grant the application; or

(c)

grant the application subject to such conditions as the magistrate may consider appropriate.

(7)

If a magistrate refuses an application contemplated in subsection (1), or grants the application subject to conditions not specified in the application, as the case may be, he or she shall in writing furnish the applicant with reasons for such refusal or for the imposition of such conditions, as the case may be.

Transfer of licences

33. (1) A holder of a licence, except the holder of a temporary liquor licence, and any other person may in terms of section 32(1)(b) apply to the magistrate for the transfer of such licence into the name of such other person.

(2)

The magistrate referred to in subsection (1) shall, subject to subsection (3), if satisfied

(a)

as to the absence of any detrimental monopolistic condition referred to in subparagraph (v) of section l6(a);

(b)

that the person who applies for the licence to be transferred into his or her name is not a disqualified person; and

(c)

that the application complies with the further provisions of this Act,

approve the application referred to in subsection (1).

(3) The magistrate shall consider an application for the transfer of a hotel liquor licence or of a parks liquor licence in consultation with the Permanent Secretary: Environment and Tourism.

Acquiring of controlling interest

34. (1) A holder of a licence and any other person may, subject to subsection (3) ofthis section, in terms of paragraph (c) of section 32(1), apply to the magistrate for the granting of an approval for the acquisition by such other person of a controlling interest in the business or undertaking conducted in terms of the licence concerned.

(2)

Subsection (2) of section 33 shall mutatis mutandis apply to an application contemplated in subsection (1).

(3)

This section shall not apply to a club liquor licence or a temporary liquor licence.

Change of trade name of licensed premises

35. (1) No licensee shall change the trade name of the business or undertaking conducted on a licensed premises as specified in the licence issued in respect of such business or undertaking, except with the approval of the magistrate granted upon an application made by the licensee in the prescribed form and manner in terms of sections 32(1)(d) and 32(2).

(2) The magistrate shall, if satisfied that the proposed trade name complies with subparagraph (vii) of section 16(a), grant the application for the change of the trade name contemplated in subsection (1).

Leasing of licensed premises

36. (1) A licensed business may not be leased, except

(a)

with the approval of the magistrate granted upon an application made by the licensee and the intended lessee in the prescribed form and manner in terms of the paragraph (e) of secti on 32( 1); and

(b)

for a period not exceeding six months.

(2)

A lease contemplated in subsection (1) shall

(a)

be in writing; and

(b)

be submitted for approval together with the application contemplated in that subsection.

(3)

Subsection (2) of section 33 shall mutatis mutandis apply to an application contemplated in subsection (1) of this section.

(4)

No leasing of a licence approved under this section shall be extended beyond the period of six months specified in paragraph (b) of subsection (1).

(5)

Upon expiry or termination of the lease referred to in subsection

(1), or upon expiry of the period for which the leasing ofthe licensed premises concerned was approved under that subsection, whichever shall first occur, the lessor may resume the business on the licensed premises upon

(a)

payment to the magistrate of the applicable licence fee in respect of short term leasing imposed by the fourth column of Part II of the first Schedule; and

(b)

the re-issue of the licence in such lessor's name.

Change of manager

37. (1) If a manager appointed under section 18

(b)

becomes a disqualified person;

(c)

becomes disabled to such an extent that he or she is unable to manage the business or undertaking; or

(d)

dies,

Act No.6, 1998 LIQUOR ACT, 1998

such licensee shall within a period of seven days after any occurrence contemplated in paragraph (a), (b), (c) or (d), in the prescribed form and manner, notify such occurrence to the magistrate of the district in which the licensed premises are situated.

(2) The licensee referred to in subsection (1) may in terms of section 18 appoint a manager for the licensed business in substitution of the manager referred to in that subsection.

Issue of licences or authorities

38. (1) A certificate in respect of

(a)

a licence granted under section 27;

(b)

a conditional authority granted under section 30(1); or

(c)

an amendment to a licence granted under paragraph (c) or (d) of section 27(1),

by a Committee, or a licence granted under section 3 or 15 by a Committee Chairperson, as the case may be, or allowed in terms of section 41 on an appeal against a decision taken by a Committee or by a Committee Chairperson, as the case may be, shall against payment of the applicable licence fee imposed by the First Schedule, be issued by the secretary of the Committee, or by a person authorized by the secretary for that purpose.

(2)

A certificate in respect of a licence or amendment to a licence granted by a magistrate under section 32, or allowed under section 41 on an appeal against a decision taken by a magistrate, shall against payment of the applicable licence fee imposed by the First Schedule, be issued by the magistrate or by a person authorized by the magistrate for that purpose.

(3)

The licence fee referred to in subsection (1) or (2) shall be paid to the magistrate of the district in which the business or undertaking in terms of the licence concerned is conducted.

(4)

If the licence fee referred to in subsection (3) is not paid within 21 days after the date of the granting of the application to which such licence fee applies

(a)

the granting of such application shall lapse; and

(b)

a certificate contemplated in subsection (I) or (2), as the case may be, in respect of the licence concerned shall not be issued by the secretary or the magistrate, as the case may be.

(5)

Upon payment of an annual fee in respect of a licence in terms of

section 22(2), the magistrate, or a person authorized by the magistrate for that purpose, shall issue in the name of the licensee a certificate of renewal in respect of the licence concerned, valid until 31 March of the year following the date of commencement of such certificate of renewal.

(6)

A licence or a certificate in respect of the granting or renewal of a licence issued or purporting to be so issued, and in respect of which the applicable application fees, licence fees or annual fees, as the case may be, have not been duly paid, shall be null and void.

(7)

A copy of a licence or of a certificate of renewal, as the case may be, issued under any provision of this Act shall within the prescribed period of time and in the prescribed manner be submitted by the person who issued such licence or certificate, as the case may be, to

(a)

the Permanent Secretary; and

(b)

(i) the magistrate of the district;

(ii)

the police officer in command of the police of the region; and

(ii)

the secretary of the Committee for the region,

in which the licensed premises are situated, and a copy of such licence or certificate of renewal, as the case may be, shall be retained by the person who issued such licence or certificate, as the case maybe.

(8) If the licence contemplated in subsection (7) is a hotel liquor licence

or a parks liquor licence, a copy of such licence shall in addition to the persons referred to in that subsection, be submitted to the Permanent Secretary: Environment and Tourism.

Registers of licences

39. (1) A magistrate, or a person authorized by the magistrate for such purpose, shall keep a register in the prescribed form, in which register the magistrate or other person so authorized shall enter or cause to be entered the prescribed particulars relating to

(a)

every licence or certificate in respect of a licence issued;

(b)

every certificate of renewal in respect of a licence referred to in paragraph (a);

(c)

every removal, transfer, leasing or change of name relating to a licence referred to in section 32(1);

(d)

every cancellation, suspension, forfeiture, lapse or reinstatement of a licence; and

(e)

the manager of a business or undertaking conducted in terms of the licence concerned, and every change of such manager,

in respect of premises situated in the district concerned.

(2)

The register contemplated in subsection (1) shall be open for inspection by members of the public, who shall be entitled to certified extracts from such register upon payment of the prescribed fee.

(3)

A document certified by a magistrate and purporting to be an extract

from the register kept by him or her in terms of subsection (1) shall in any court of law be prima facie proof of the facts contained in such document.

Methylated spirit

60. The Minister may

(a)

make regulations relating to

(i)

the regulation, restriction or prohibition in respect of the manufacture, import, export, keeping, stocking, bottling, packaging, conveyance, possession, sale, supply or use of;

(ii)

the persons who may manufacture, deal in, supply or possess;

(iii) the records that shall be kept by the persons referred to in subparagraph (ii) in respect of the manufacture, import, export, keeping, stocking, bottling, packaging, conveyance, possession, sale, supply or use of;

(iv)

the permissible or requisite denaturation, odorization, colouring and rendering non-potable of; and

(v)

the issuing of permits relating to the manufacture, import, export, keeping, stocking, bottling, packaging, conveyance, possession, sale, supply of, or dealing in,

methylated spirit;

(b) except as otherwise provided in this Act, prescribe a fine not exceeding N$3000 or a period of imprisonment not exceeding 12 months or both such fine and such imprisonment as a penalty for the contravention of any regulation made under paragraph (a), or the failure to comply with any such regulation; or

(c) by notice in the Gazette, from time to time declare any denatured, medicated or otherwise treated spirit or substance to be methylated spirit for the purposes of this Act.

Yeast

61. The Minister may

(a)

make regulations relating to

(i)

the regulation, restriction or prohibition in respect of the manufacture, import, export, keeping, stocking, bottling, packaging, conveyance, possession, sale, supply or use;

(ii)

the licensing of factories or persons in respect of the manufacture or packaging;

(iv)

the composition or ingredients,

of yeast; or

(b) except as otherwise provided in this Act, prescribe a fine not exceeding N$3000 or a period of imprisonment not exceeding 12 months or both such fine and such imprisonment as a penalty for the contravention of any provision of a regulation made under paragraph (a) or the failure to comply with any such regulation.

Regulations

79. (1) The Minister may make regulations relating to

(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 form and manner in which, and the period of time in or during which any application, objection, submission, representation, notification or appeal in terms of this Act may be made or lodged, and the number of copies to be so lodged;

(c)

the lodging of a reply to an objection or representation made in terms of this Act;

(d)

the form of any notice or advertisement to be published in the Gazette or in any newspaper in terms of this Act, including the number of publications of such notice or advertisement;

(e)

the records or other documents to be kept or maintained in terms of any provision of this Act, and the form, retention, safe-keeping or destruction of such records or documents;

(f)

the terms and conditions of, and eligibility to, office of members of Committees, and the allowances payable to such members;

(g)

the procedures at, and the dates or frequency of meetings of, Committees in terms of section 26;

(h)

any additional procedures or requirements for public notification of meetings, applications and other proceedings or functions of Committees;

(i)

the maximum or minimum number of days' notice to be given in respect of any meeting, or in respect of the lodging of any application, objection or submission;

(j)

the form of any notice which shall or may be given in terms of or under this Act, and the manner of service of such notice;

(k)

the form of and manner of display of notices required by this Act to be displayed, including the place or places and period of time of such displays;

(I)

the manner, times and places of payment of fees payable under this Act;

(m)

the definition of "meals" ,"refreshments", "snack foods" and the manner of serving such meals, refreshments, snack foods or nonalcoholic drinks on licensed premises;

(n)

the powers, duties and functions of inspectors of premises under section 67; and

(0)

generally, all other matters which are by this Act required or

permitted to be prescribed, or which the Minister considers necessary or expedient to prescribe or regulate in order to attain or further the objects of this Act.

(2) A regulation made under this section may, except as otherwise provided in this Act, prescribe a fine not exceeding N$4 000 or a period of imprisonment not exceeding one year or both such fine and such imprisonment as a penalty for the contravention of, or failure to comply with, such regulation.

Amendment of section 1 of Act 74 of 1962, as amended by section 1 of Act 10 of 1991

80. Section 1 of the Aviation Act, 1962, is amended by the substitution for the definition of "intoxicating liquor" of the following definition:

'intoxicating liquor' means [intoxicating] liquor as defined in section 1 of

"
the [Liquor Ordinance, 1969 (Ordinance 2 of 1969)] Liquor Act. 1998;".

Amendment of section 6 bis of Act 74 of 1962, as amended by section 6 of Act 10 of 1991

81. Section 6 bis of the Aviation Act, 1962, is amended

(a) by the addition to paragraph (b) of subsection (1) of the following proVISO:

"Provided that such ermission to sell intoxicatin li or shall not be granted to any person who, or whose manager, is a disqualified person in terms of section 19 of the Liquor Act, 1998, or who is a producer or manufacturer of liquor, or the agent or nominee of, or has directly or indirectly a financial interest in. such a producer or manufacturer."~

(b) by the insertion after subsection (l) of the following subsection:

"(lA) If any permission referred to in paragraph (b) of subsection (l) was granted to any person referred to in the proviso to that paragraph, or if a person to whom such permission was granted under that paragraph subsequent to such granting becomes a disqualified person, the Minister shall by notice in writing to such person withdraw such permission as from a date determined by the Minister and specified in such notice."; and

(c) by the substitution for subsection (4) of the following subsection:

"(4) Notwithstanding the provisions of [section 78(2)(c) of the Liquor Ordinance, 1969 (Ordinance 2 of 1969)] the Liquor Act. 1998. the Minister may in respect of any portion or portions of any premises referred to in subsection (3) of this section, designated by him or her as a transit area or transit areas, as the case may be, fix days and hours of sale and delivery of intoxicating liquor and any days or hours so fixed shall be deemed to be the days on which or the hours during which liquor may in terms of the said [section 78(2)(c)] Act, be sold or delivered in such area or areas.".

Substitution of section 1 of Proclamation 3 of 1924, as amended by section 2 of Ordinance 14 of 1937, section 1 of Ordinance 1 of 1938 and section 28 of Ordinance 47 of 1952

82. The following section is substituted for section 1 of the Brewers and Distillers Licence Duty Proclamation, 1924 :

"1. 1 Ever brewer of beer shall take out a licence which shall be obtainable from the Permanent Secretary: Trade and Industry, and shall be valid until 31 December of the year during which such licenc was so taken out, subject thereto that such licence may upon application in the prescribed form and manner

(a)

be renewed by that Permanent Secretary on or before 31 Decembe of any year, for a period of one year commencing on the day following the day upon which such licence would have expired; 0

(b)

be transferred to another brewer of beer during the currency of such licence.

(2)

The licence fees payable in respect of a licence referred to in subsection (1) shall be calculated as follows

(a)

an amount of N$16 for each month in respect of which such licence is valid during the first year of its currency ending on 31 Decembe of such year;

(b)

an amount of N$lOO for every period of one year for which such licence is renewed in terms of subsection (1), following the firs period of its currency referred to in paragraph (a); and

(c)

on the transfer of such licence, in addition to any amount payable in terms of this subsection, an amount of N$6 for each month in respect of which such licence is valid from the date of such transfe until 31 December of the year during which such licence was so transferred.

(3)

Every distiller of wine brandy and every distiller of spirits othe than wine brandy shall take out a licence which may be obtained from th Permanent Secretary: Trade and Industry, which licence shall be valid until 31

December of the year during which it was so taken out, but which licence may upon application in the prescribed form and manner

(a)

be renewed by that Permanent Secretary on or before the date 0 expiry of such licence, for a pedod of one year commencing on th day following the day upon which such licence would have so expired; or

(b)

be transferred to another distiller of wine brandy or a distiller 0 spirits other than wine brandy.

(4)

The licence fees payable in respect of a licence referred to in subsection (3) shall be calculated as follows

(a)

an amount of N$16 for each month in respect of which such licenc is valid during the first year of its currency ending on 31 Decembe of such year;

(b)

an amount of N$100 for every pedod of one year such licence is renewed in terms of subsection (1), following the first period of its currency referred to in paragraph (a); and

(c)

on the transfer of such licence, in addition to any amount payabl in terms of this subsection, an amount of N$6 for each month in respect of which such licence is valid from the date of such transfe until 31 December of the year during which such licence was so transferred.

(5)

For the purposes of this section a portion of a month shall be deeme
to be a month.".

Amendment of section 2 of Proclamation 3 of 1924, as amended by section 3 of Ordinance 14 of 1937

83. Section 2 of the Brewers and Distillers Licences Duty Proclamation, 1924, is amended by the addition of the following subsection, the existing section becoming subsection (1):

"2 A court which convicts an accused of an offence in terms of subsection (1) shall, without notice to any person, but subject to section 35 of the Criminal Procedure Act, 1977 (Act 51 of 1977), declare any equipment used to commit an offence under that subsection and which was seized under the provisions of that Act. forfeited to the State.".

Substitution of section 3 of Proclamation 3 of 1924, as substituted by section 3 of Ordinance 9 of 1935

84. The following subsection is substituted for section 3 of the Brewers and Distillers Licences Duty Proclamation, 1924:

"(3) The authorized revenue official for any magisterial district, Government Gazette 17 April 1998 Act No.6, 1998 LIQUOR ACT, 1998

or his or her deputy, may demand from the holder of any brewer's licence or distiller's licence under the provisions of this Proclamation who is carrying on business as a brewer or distiller in the aforesaid district, a return of sales made by [him] such licence holder [at] during any period to any holder of a [retail or club-licence under the provisions of the Liquor Licensing Proclamation, 1920 aforesaid] licence under the Liquor Act. 1998. and every such holder of a brewer's or distiller's licence who fails forthwith to comply with any such demand shall be guilty of an offence and liable on conviction to a fine not exceeding [twenty pounds] N$1 000 or in default of payment to imprisonment for any period not exceeding three months or to both such fine and such imprisonment.".

Substitution of section 3 bis of Proclamation 3 of 1924, inserted by section 4 of Ordinance 14 of 1937

85. The following section is substituted for section 3 bis of the Brewers and Distillers Licences Duty Proclamation, 1924:

"3 bis. The [Administrator] Minister of Trade and Industry may make, alter and revoke regulations, not being contrary to the provisions

of this Proclamation, prescribing the forms of licences, notices, applications and other documents to be used, providing for returns to be made of the quantity of liquor sold, and generally for carrying out more efficiently the

administration of this Proclamation, and may furthermore impose penalties for the breach of any regulation.".

Repeal of laws, savings and transitional provisions

86. (1) Subject to subsection (2) and to the transitional provisions contained in the Third Schedule, the laws set out in the Second Schedule are hereby repealed.

(2) Subject to the further provisions of this Act, anything done or deemed to have been done under or in terms of a provision of any law repealed by subsection (1), and which is capable of being done under or in terms of a

provision of this Act, shall be deemed to have been done under or in terms of the last-mentioned provision.

Short title and commencement

87. (1) This Act shall be called the Liquor Act, 1998, and shall, subject to subsection (2), come into operation on a date to be determined by the Minister, in consultation with the Minister of Justice, by notice in the Gazette.

(2) Different dates may be determined in terms of subsection (1) in respect of different sections of this Act.

FIRST SCHEDULE

FEES