N$11.19 WINDHOEK -17 April 1998 No. 1843
CONTENTS
Page
GOVERNMENT NOTICE
No.91 Promulgation of Liquor Act, 1998 (Act No.6 of 1998), of the Parliament ........
No. 91 1998
PROMULGATION OF ACT
OF PARLIAMENT
The followil).gAct which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No.6 of 1998: Liquor Act, 1998.
ACT
To consolidate and amend the laws relating to the control of the sale and supply of liquor; and to provide for matters incidental thereto.
(Signed by the President on 3 April 1998)
PRELIMINARY
ARRANGEMENT OF SECTIONS
Section
1. Definitions
PART I LICENCES
PART III
OF CONDITIONS
REGIONAL LIQUOR LICENSING
43: No duty to trade
GENERAL AND SUPPLEMENTARY
SCHEDULES
First Schedule Fees
Second Schedule Laws repealed Third Schedule Transitional provisions Fourth Schedule Requirements for shebeens
BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:
PRELIMINARY Definitions
1. In this Act, unless the context otherwise indicates "accommodation establishment" means premises registered under the Tourism
Ordinance as a hotel, a motel, a pension, a guest house, a lodge, a guest farm,
a rest camp, a caravan park or a safari undertaking;
"advertise" means to advertise in the prescribed manner;
"appellant" means the person who lodges an appeal in terms of section 41 ;
"appeal" means an appeal lodged in terms of section 41;
"applicant" means a person who applies for a licence, approval or authority in
terms of this Act;
"apply" means to apply for any licence, approval or authority in terms of this
Act, and "application" has a corresponding meaning;
"beer", means the drink manufactured by a process which includes the
fermentation of an appropriate malt mash, with or without cereals, and flavoured
with hops, additives and preservatives;
"caravan park" means an accommodation establishment registered as a caravan
park under the Tourism Ordinance;
"certificate of renewal" means a certificate issued in terms of section 38(5);
"closed day" means a Sunday or a public holiday referred to in, or declared under, the Public Holidays Act, 1990 (Act 26 of 1990); "Committee" means a regional liquor licensing committee established by section
24(1);
"Committee Chairperson" means the chairperson of a Committee referred to
in section 24(2)(a);
"controlling interest" means any interest of whatever nature in a business or undertaking, enabling the holder of such interest to exercise, directly or indirectly, control of any kind of, or in any way over, the activities or assets of the business or undertaking;
"day" means a calendar day, including a closed day;
"dining room" means movable or immovable premises on which hot or cold meals on seated accommodation during any time of the day are provided to the public on at least five days a week;
"disqualified person" means a person disqualified to hold a licence or to be a manager as contemplated in section 19;
"district" means a district for which a court is established as contemplated in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944);
"district health officer" means a health officer assigned to a local authority area, district or region in which licensed premises are situated;
"financial interest" means any interest arising from the ownership or leasing of a business conducted on a licensed premises, or from the ownership of such premises, or from any share in such ownership of the business, leasing of the business or ownership of the premises;
"guest", in relation to an accommodation establishment, means any person to whom overnight accommodation, with or without meals, is provided for reward in such accommodation establishment and in respect of whom the prescribed particulars have been entered into the guest register of such accommodation establishment in terms of section 41 of the Tourism Ordinance;
"guest farm" means an accommodation establishment registered as a guest farm under the Tourism Ordinance;
"guest house" means an accommodation establishment providing overnight lodging with at least one daily meal;
"health officer" means a person registered or authorized to practise as such, or to practise as a health inspector, under the Allied Health Services Professions Act, 1993 (Act 20 of 1993), or to practise as a sanitary inspector as defined in the Public Health Act, 1919 (Act 36 of 1919);
"hotel", except in the phrase "hotel liquor licence", means an accommodation establishment registered as a hotel under the Tourism Ordinance;
"hotel liquor licence" means a licence granted under section 3 in respect of an accommodation establishment;
"inquiry" includes an appeal in terms of section 41; "inspector" means a person designated as such under subsection (1) of section 67, or referred to in subsection (2) of that section;
"issue", when used in relation to a licence, includes the handing over, or the dispatching by prepaid registered post, of the duly signed licence to the licensee by the officer authorized under this Act to so issue the licence, after payment of the prescribed fee in respect of the issue of the licence;
"issuing authority" means the person or body who or which issues a licence, an authority or an approval in terms of this Act;
"legal practitioner" means a person duly admitted to practise as such under the Legal Practitioners Act, 1995 (Act 15 of 1995);
"licence", except in section 61, means a licence granted and issued under this Act authorizing the sale of liquor or light liquor;
"licensed business" means the business conducted in terms of a licence;
"licensed premises" means the premises in respect of which a licence is granted and which premises are described and specified in the licence;
"licensee" means a person holding a licence issued under this Act and "holder" or "licence holder" has a corresponding meaning;
"light liquor" means any liquor which contains not more than sixteen per cent by volume of alcohol;
"liquor" means
and "intoxicating liquor" has a cqrresponding meaning;
"local authority" means
"magistrate" means a person appointed under section 9 of the Magistrates' Courts Act, 1944 (Act 32 of 1944) as a magistrate for the district in which the licensed premises or the premises in respect of which an application in terms of this Act is made, are situated, and includes an additional magistrate;
"manager" means a manager of a licensed business or undertaking, contemplated in section 18;
"meal" means an ordinary meal, or as may be prescribed; "methylated spirit" means
"Minister" means the Minister of Trade and Industry; "non-alcoholic drink" means a potable drink which is not liquor;
"off-sales" means the selling in terms of an off-sales licence ofliquor in sealed containers
"off-sales licence" means
"on-consumption" means the consumption of liquor on the licensed premises on which such liquor is sold;
"on-consumption licence" means
in respect of which a licence has been granted;
"prescribe" means prescribe by regulation;
"private bar" means a bar at an accommodation establishment to which bar are admitted
"proprietor" means the person who owns a business conducted in or on a licensed premises and who is responsible for the management of such business, whether through a manager or otherwise, and includes the holder of the licence concerned; "public bar" means a bar on the premises of a business conducted in terms of an on-consumption licence and to which the public is admitted;
"public place" means any square, garden, park, recreation ground, show ground, rest camp or other open or enclosed space intended for the use, enjoyment or benefit of the public;
"region" means a region established by the Establishment of the boundaries of regions and Local Authorities in Namibia Proclamation, 1992 (Proclamation 6 of 1992);
"regional council" means a regional council established under section 2 of the Regional Councils Act, 1992 (Act 22 of 1992);
"regulation" means a regulation made or in force under this Act;
"refreshments" means non-alcoholic drinks or snack foods;
"restaurant" means premises on which hot or cold meals on seated accommodation are provided to the public during the course of the day or evening, on at least five days a week, or, in the case of a guest farm, a rest camp, a caravan park or a safari undertaking, are provided to guests when lodging overnight at such guest farm, rest camp, caravan park or safari undertaking;
"rest camp" means an accommodation establishment registered as a rest camp under the Tourism Ordinance;
"safari undertaking" means an accommodation establishment registered as a safari undertaking under the Tourism Ordinance;
"sealed container" means a closed container which cannot be opened without breaking or damaging such container, or any part, seal, adhesive label or other attachment of or to such container;
"seat of the region" means the seat of the regional council of a region as specified in column 3 of Schedule 1 to the Regional Councils Act, 1992;
"secretary" means the secretary of a Committee appointed in terms of section 25;
"sell" includes to exchange, or to offer, display, keep, deliver, supply or dispose of for the purpose of selling, or to authorize, direct or allow to be sold, and "sale" has a corresponding meaning;
"shebeen" means any premises exclusively or mainly used for the sale to, and the consumption on the premises by, the public of light liquor and refreshments, and includes a tavern, but does not include an accommodation establishment, restaurant or club, or any enterprise or undertaking referred to in section 7(1);
"snack foods" means fresh or perishable foods, or packaged or non-perishable foods as may be prescribed;
"spirituous liquor" means distilled substances of any description and also any liquor which contains more than sixteen per cent by volume of a1cohol;
"this Act" includes any regulation;
"tombo" means the traditional or home-brewed a1coholic drink, also known as sorghum beer, made from a fermentation of mahango, sorghum or other cereal or vegetable matter, with or without additives;
"tourist" means a tourist as defined in the Tourism Ordinance;
"Tourism Ordinance" means the Accommodation Establishments and Tourism Ordinance, ] 973 (Ordinance 20 of 1973); and
"yeast" means any substance produced by the propagation of a fungus as a froth or sediment during the a1coholic fermentation of malt worts or other saccharine fluids, and which is used in the brewing of beer, in the leavening of bread or for medical purposes.
PART I
LICENCES
Sale of liquor and kinds of licences
2. (] ) Subject to sections 76 or 77, no person shall sell liquor, except pursuant to and in terms of a current licence authorizing the sale of such liquor.
(iii) shebeen licence;
(vii) parks on-consumption liquor licence;
(iii) wholesale liquor licence;
vineyard liquor licence.
Hotel liquor licence
3. (1) A hotel liquor licence may, upon an application made in terms of subsection (2), be granted and issued to, and be held by, the proprietor of an accommodation establishment other than a guest house, if the accommodation establishment maintains a dining room or restaurant on the premises where the accommodation establishment is conducted.
No. 1843 Government Gazette 17 April 1998
Act No.6, 1998 LIQUOR ACT, 1998
Chairperson, a need for such a bar exists.
(8) A hotel may, in addition to its other licensed facilities, but subject
to such conditions as the Committee Chairperson, in consultation with the Permanent Secretary: Environment and Tourism, may determine, have on its premises one or more public bars.
(9) The Permanent Secretary: Environment and Tourism may, subject to such conditions as he or she may deem appropriate, in writing delegate to one or more officers in the Ministry of Environment and Tourism, any of the
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.
Restaurant liquor licence
4. (1) A restaurant liquor licence may, upon an application made in terms of section 27, but subject to subsection (2), be granted to and held by the proprietor of a dining room or restaurant.
premises of light liquor for on-consumption by persons taking a meal at such restaurant.
Shebeen liquor licence
5. (1) A shebeen liquor licence may, upon an application made in terms of section 27, be granted to and held by the proprietor of a shebeen which complies with the requirements relating to shebeens as set out in the Fourth Schedule.
holder of a bottle store licence granted under section 9, or deemed to be so granted.
6. (1) A club liquor licence may, upon an application made in terms of section 27, be granted to and held by a club in respect of which the Committee is satisfied
(iii) its members, and no other persons, are al10wed to pay for or use the facilities of the club, including liquor or refreshments supplied on the premises of the club;
Special liquor licence
7. (1) A special liquor licence may, upon an application made in terms of section 27, be granted to and held by a person to sel1 liquor or light liquor, as the case may be, on the licensed premises for on-consumption, in circumstances material1y different from the circumstances in which liquor may be sold in terms of any other licence which may be granted under this Act, in particular in respect of, but not limited to
Temporary liquor licence
8. (1) A temporary liquor licence for on-consumption may, upon
. an application made in terms of section 32, be granted in respect of one or more bars, or one or more restaurants or dining rooms, to serve liquor or light liquor, as the case may be, at or on the grounds of any bona fide exhibition, show, race meeting, sports event, fair or other public function, or place of recreation or amusement.
(2) Where an event referred to in subsection (1) takes place at more than one venue, a separate licence shall be required for, and may be granted for
.or in respectof, eachsuchvenue.
specified in the licence, and shall restrkt such sale and consumption to such premises, event, day or days and hours.
(6) No temporary liquor licence shall be granted for a period exceeding six consecutive days.
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.
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.
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.
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).
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
14. (1) A vineyard liquor licence may, upon an application made in terms of section 27, be granted and issued to, and held by, a producer of wine who produces wine at the vineyard concerned.
the premises of such vineyard, in the prescribed manner.
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.
the licensed premises at or in the facilities provided for such purpose by the licensee.
.
parks liquor licence in respect of such park, reserve, recreation area or resort, as the case may be.
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
(iii) the need to avoid, as far as possible, the establishment of licensed premises in the vicinity of schools or places of worship;
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
(iii) certain kinds of liquor;
18. (1) A licensee may appoint a manager for the business or undertaking conducted on the licensed premises concerned, which manager shall be a natural person and shall, subject to the direction and control of such licensee, be personally responsible for the day-to-day conducting of such business or undertaking.
(2) The licensee referred to in subsection (1) shall in writing inform
the magistrate of the district in which the licensed premises are situated, of the full names, date of birth, identification number and residential address of the manager appointed under that subsection.
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
20. A licence issued under this Act shall be in the prescribed form and shall contain full particulars in respect of
21. (1) A licence shall, subject to section 20(g), be valid from the date of issue of such licence.
Fees
22. (1) There shall be payable in the prescribed manner
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
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.
(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
(4) | No | |
---|---|---|
(a) | holder of a licence; | |
(b) | manager appointed under section 18; or | |
(c) | employee, | partner, agent or spouse of any person referred to in |
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.
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
for the purpose of considering applications made in terms of section 27.
27. (1) An application for
(iii) a parks liquor 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
may lodge an objection to the granting of an application made in terms of section 27.
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
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.
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.
(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.
then the Committee shall issue a conditional authority in respect of which subsections (2), (3) and (4) of section 30 shall mutatis mutandis apply.
shall be granted under this section. Applications to a magistrate
32. (I) An application for the granting of
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.
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
.
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.
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.
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
(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
Change of manager
37. (1) If a manager appointed under section 18
(a) | leaves | the | service | of the | licensee | or | otherwise | ceases | to | be | |||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
responsible | for | the | day-to-day | managing | of the | business | or | ||||||
undertaking | conducted in terms of the licence concerned; |
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.
38. (1) A certificate in respect of
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.
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.
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
in respect of premises situated in the district concerned.
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.
40. (1) The Chief of Lower Courts in the Ministry of Justice, or a magistrate designated by the Chief of Lower Courts for such purpose, shall consider and decide on appeals lodged in terms of section 41, and for the purposes of this section and of that section, a reference to the Chief of Lower Courts includes a reference to a magistrate designated in terms of this subsection.
mutatis mutandis apply to the proceedings before the Chief of Lower Courts when considering an appeal in terms of section 41.
(4) The Minister may prescribe the proceedings at the hearing of an Appeal not provided for in this Act.
41. (1) Any
and who wishes to appeal against a decision by the Committee Chairperson, by a Committee or by a magistrate, as the case may be, taken under any provision of this Act, may, within 14 days after such decision was taken, appeal to the Chief of Lower Courts against such decision so taken by lodging a notice of appeal in terms of subsection (2).
as prescribed.
(5) The secretary ofthe Committee or the clerk of the magistrate's court,
as the case may be, shall within seven days after the lodging of the notice of appeal in terms of subsection (2), forward the record of the proceedings concerned, including a copy of the decision appealed against and such other documents or particulars as may be prescribed, to the Chief of Lower Courts.
and, after hearing the appellant or any other party referred to in subsection (7) who may appear before the Board, either
taken by him or her, together with the reasons furnished in terms of subsection (11), signed by the Chief of Lower Courts, to the secretary of the Committee or to the clerk of the magistrate's court concerned, as the case may be.
(13) Upon receipt of a copy of a decision referred to in subsection (12), the secretary of the Committee or the magistrate, as the case may be, shall, if so ordered by the Chief of Lower Courts, in terms of section 38 issue the relative licence, conditional authority or amended licence.
PART V LICENCE REQUIREMENTS AND RESTRICTIONS
Supply of non-alcoholic refreshments
42. (1) Subject to subsection (5), the holder of an off-sales licence shall during the hours when liquor is offered for sale on the licensed premises, in addition to so offering such liquor for sale, offer for sale on such premises not less than two different kinds of non-alcoholic drinks in sealed containers for consumption away from such premises.
(2) The holder of an on-consumption licence shall during the hours
when liquor is offered for sale on the licensed premises, offer for sale on such premises snack-foods or meals, and not less than two different kinds of nonalcoholic drinks, for consumption on such premises.
No duty to trade
43. (l) A licensee does not have an obligation to keep the licensed premises open for the sale of liquor at all times, or at any time, during the hours, or on the days, permitted for such sale of liquor.
(2) Subsection (1) does not exempt a licensee from any duty or obligation in terms of this Act or of any other law to have available or to provide any amenity or service while the licensed premises are open for the purpose of the sale of liquor.
Other business on certain licensed premises
44. (1) Subject to section 42, or to any condition imposed or privilege granted under this Act by the Committee, the Committee Chairperson or the magistrate, as the case maybe, it shall be a condition of every bottle store licence and brewery depot licence that the licensee shall not conduct the licensed business in or upon any premises in or upon which any other business whatsoever is conducted.
Consumption on and away from premises
45. (I) It is a condition of an off-sales licence, excluding a vineyard liquor licence, that, subject to subsection (3), no liquor shaH be consumed upon, at or in the licensed premises, or upon, at or in an adjoining or adjacent premises, or upon, at or in any other place occupied or controHed by the licensee.
charge to any customer for consumption on or away from such premises.
(4) The samples ofliquorreferred to in subsection (3) shall be supplied
in such quantities and manner and in or on such part of the premises, and subject to such further conditions, as the magistrate may specify in the approval granted under that subsection, including the date or dates and hours upon or during which such samples may be so supplied.
Further off-sales conditions
46. (I) It is a condition of a bottle store licence or of a grocery liquor licence
Liquor to be sold during business hours only
47. A licensee or his or her employee or agent, or any other person
acting on behalf of such licensee, shall not, except within the prescribed hours of business, sell, supply or deliver any liquor to any person other than a licensee.
Brand reliability and alcohol content
48. No licensee shall sell
Display of licence and other notices
49. A licensee shall, when the licensed premises is open for business, prominently display in any part of the licensed premises which is open to the public
Alterations to licensed premises
50. No structural alteration or addition to any licensed premises shall be made without the approval in writing granted by
Managers of accommodation establishments
51. The manager of a hotel appointed under section 18 shall reside on the licensed premises in respect of which he or she is so appointed, unless the Committee Chairperson, in consultation with the Permanent Secretary: Environment and Tourism, upon an application made by the licensee in the prescribed form and manner, and subject to such conditions as the Committee Chairperson, in consultation with that Permanent Secretary, may determine, in writing grants an exemption for a specified period of time.
Certain licence holders not to own certain other licensed businesses
52. (I) A producer or manufacturer of liquor, whether in or outside Namibia, or any person who has a controlling interest in a company or other body corporate, partnership or other association of persons, whether corporate or unincorporate, which is such a producer or manufacturer, may not directly or indirectly procure or hold a financial interest in a business to which any licence relates, other than
ab initio.
Ties.
53. (I) For the purposes of this section, "tie" means any agreement, understanding or condition whereby any person is directly or indirectly bound at any time
54. (I) No person shall, in a public bar or a shebeen
any liquor, unless such liquor is paid for at the time of such supply or consumption, as the case may be.
(iii) a pledge, bond, assignment, deposit or barter, for or in respect of any liquor supplied; or
Supply of liquor to employees
55. No person shall supply any liquor to any person in his or her employ in lieu of, as part of or as supplementing, the employee's wages or remuneration.
Supply of alcoholic substances to persons under the age of 18 years
56. No licensee, or manager or employee of such licensee, shall, in the course of business conducted in terms of a licence, sell to any person under the age of 18 years, or supply such person with, any drink or substance which contains more than three per cent of alcohol by volume.
Consumption of liquor in a public place
57. No person shall consume liquor in a public place.
PART VI CONTROL OF CERTAIN ALCOHOLIC SUBSTANCES AND PROHIBITIONS
Prohibited concoctions, brews and drinks
58. (1) A person may without a licence, manufacture or have in his or her possession or custody, any traditional drink at any point in time.
(2) No person shall manufacture, have in his or her possession or custody, or 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, in the opinion of the Minister, be harmful or injurious to the health or well-being of any person, and which drink, brew or concoction the Minister by notice in the Gazette declares a prohibited drink, brew or concoction.
59. No person shall 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 product, which drink, brew or concoction contains more than three per cent of alcohol by volume, for the purpose of selling or supplying such drink, brew or concoction to any other person unless the person manufacturing or brewing such drink, brew or concoction holds a licence under the Brewers and Distillers Licences Duty Proclamation, 1924 (Proclamation 3 of 1924), or an excise permit under the Customs and Excise Act, 1964 (Act 91 of 1964), authorizing such person to manufacture or produce such drink, brew or concoction.
60. The Minister may
(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;
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.
61. The Minister may
(iii) | the keeping of registers | and other records | in respect | of the | ||||
---|---|---|---|---|---|---|---|---|
manufacture, | import, | export, | possession, | stocking, | sale, | |||
supply, conveyance | or use; or |
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.
62. (I) Subject to Article 13 of the Namibian Constitution, a Committee Chairperson, or any other member of the Committee concerned authorized thereto in writing by the Committee Chairperson, or an inspector,
may at all reasonable times, in the region for which such Committee was established, enter upon and inspect
63. (I) A member of the police may, subject to Artic1e 13 of the Namibian Constitution
in terms of any provision of this Act.
person whom he or she finds on or in any land, premises, room or vehicle which he or she searches in terms of subsection (l) or from which he or she removes any liquor under subsection (2).
may be arrested and detained by such member ofthe police until the name and address of such person have been ascertained or verified, subject thereto that such person shall not be so detained for a pedod exceeding twelve hours.
(5) A member of the police referred to in subsection (2) shall, if he or she seizes any article or thing under that subsection, issue a receipt in the prescribed form in respect of such article or thing so seized and shall hand such receipt to the person in whose possession or under whose control such article or thing was found.
64. (1) Whenever the district health officer or the officer commanding the police of the district wherein licensed premises are situated, is of the opinion that
the Committee established for the region concerned should exercise any of its powers under subsection (4) in respect of such licence, such health officer or police officer, as the case may be, shall in writing report the matter to the Committee Chairperson.
a copy of such report and a notice stating the venue, date and time of such meeting.
(iii) rescind or amend any existing conditions in respect of such licence, or impose additional conditions; or
and shall to all such persons furnish reasons for any decision taken pursuant to this section.
of a recommendation made in terms of paragraph (b) of subsection (5), in respect of a hotel liquor licence or of a parks liquor licence, execute any of the powers mentioned in subparagraph (i), (ii) or (iii) of paragraph (a) of that subsection.
Petition by residents
65. (1) A petition in writing signed by not less than 15 adult persons who are resident within a distance of one kilometre from a licensed premises situated in a municipality, town or village, as the case may be, or within a distance of twenty kilometres from a licensed premises situated outside a municipality, town or village, may be lodged with the secretary of the Committee of the region in which the licensed premises are situated, requesting that such Committee consider that the licence concerned be
such petition.
Government Gazette 17 April 1998
No. 1843 Act No.6, 1998
LIQUOR ACT, 1998
a copy of the petition concerned and a notice stating the venue, date and time of such meeting.
(iii) rescind or amend any existing conditions in respect of such licence, or impose additional conditions; or
66. (I) When a strike or lock-out is in progress, or a riot or tumult occurs or is expected to occur in any place, the magistrate, or in his or her absence, a police officer of or above the rank of warrant officer, may in the prescribed form and manner order any licensed premises in, or within the prescribed distance from, such place to be closed for such period of time as such magistrate or police officer, as the case may be, may deem appropriate.
(2) The licensee referred to in subsection (1), or his or her manager, shall forthwith comply with the order contemplated in that subsection, and upon failure to do so, the person issuing the order may take such action, or
have such force used, as such person may deem reasonably necessary for the temporary closing of the premises concerned in terms of such order.
(3) If the person who issued an order contemplated in subsection (1) is
of the opinion that no cause for the continuation of such order exists, such person sha1l cancel such order in the prescribed form and manner.
Inspectors of premises
67. (I) The Minister may, subject to the Public Service Act, 1995 (Act 13 of 1995), designate officers in the Ministry of Trade and Industry as inspectors of premises, which inspectors shall perform the duties and exercise the powers specified in this Act or as may be prescribed.
(2) A secretary shall ex officio be an inspector of premises.
PART VIII
JUDICIAL MATTERS
Liability of licensees, managers and other persons
68. (1) A person who at any time is managing, supervising or conducting a licensed business for or on behalf of a licensee, sha1l be subject or liable to the same duties, obligations or penalties as such licensee is subject or liable to in terms of this Act or of any other law.
(2) Subsection (1) shall not release the licensee from any duty, obligation or penalty which he or she has or may become subject to or may incur in terms of this Act or of any other law.
Death or disability of licensee or applicant
69. (1) If a licensee or a person to whom an authority or approval has been granted under this Act
under any law; or
(c) dies,
or if the business conducted in terms of the licence concerned is placed under judicial management, the executor, curator, judicial manager or liquidator, as the case may be, appointed for or in respect of such licensee or person or business, may, subject to subsection (2) or to any other law, carryon the licensed business, or effect or complete the requirements imposed in such authority or approval, as the case may be, with the same powers and functions, and subject to the same duties, restrictions and penalties, as if such executor, curator, judicial manager or liquidator, as the case may be, were such licensee or person.
Offences by licensees or managers
70. A licensee or manager, or any person employed by or acting for or on behalf of a licensee or of a manager, who
fails to render assistance to the best of his or her ability to any
member of the Namibian Police Force engaged in the performance
of his or her duties in terms of this Act, in or in the immediate
vicinity ofthe licensed premises, or in any way obstructs or hinders
any member of the Namibian Police Force in the performance of
such duties; or
shall be guilty of an offence.
Offences in general
71. (I) Any person, whether or not he or she is a licence holder, who
(iii) uses fraudulently or for any unlawful purpose,
any licence, authority, certificate or other document issued under, or for the purpose of, this Act;
(iii) any place of entertainment, restaurant or race course; or
subject to subsection (2), in any local authority area, consumes any liquor in any street, road, avenue, park or other public place, or on vacant land adjoining any such street, road, avenue, park or other public place, or in public view; or
shaH be guilty of an offence.
72. (1) Subject to subsection (2) or (3), as the case may be, a person who is found guilty of an offence in terms of section 70 or 71 shaH in respect of such offence
of subsection (1) of section 71, shaH on conviction be liable to the penalties prescribed by law for the crime of perjury.
(4) A conviction in respect of the contravention of any provision of any law repealed by this Act shall, for the purposes of this section, be deemed a previous conviction in respect of a contravention of the corresponding
provision of this Act.
Forfeiture of seized liquor
73. Liquor or any other article seized under this Act or under the Criminal Procedure Act, 1977 (Act 51 of 1977), shall together with any vessel or vehicle in which such liquor is contained, stored or transported, be forfeited to the State, unless the person in whose possession such liquor or other article was when it was seized
Disposal of liquor on termination or cancellation of licence
74. (1) The holder of a licence which has terminated or has been cancelled, as the case may be, may, within a period of 30 days after the date
on the premises in respect of which the licence was held or at such other place as the magistrate may determine, sell by public auction through an auctioneer, any liquor which the holder of such licence had in stock on the licensed premises on the date of termination or cancellation of the licence, as the case may be, and which liquor has not been forfeited to the State in terms of section 73.
(2) No portion of any application fee or of any licence fee paid in respect of a licence terminated or cancelled as contemplated in subsection (1) shall be refunded.
Return of licence
75. If
(iii) imposes new or additional conditions in respect of a licence,
the clerk of the magistrate's court of the district wherein the licensed premises are situated shall in writing notify the licensee to submit such licence to the clerk of the court within such reasonable period of time as specified in such notice, for the cancellation of, or the necessary amendment to, such licence, as the case may be.
PART IX GENERAL AND SUPPLEMENTARY
Exempt transactions
76. This Act shall not apply to
Exemptions from licensing
77. The provisions of this Act relating to applications for and holding of licences shall not apply to
(iii) a sheriff, deputy sheriff, member of the police, messenger of the court or other officer of a court, acting in terms of an order of a court; or
(iv) an auctioneer acting on instructions of a person referred to in this paragraph,
and who is, in the performance of such person's functions or duties in such capacity, selling liquor forming part of the assets of an estate or of property under execution;
Condonation of defective applications
a Committee, a Committee Chairperson or a magistrate, as the case may be, may, when considering the application, condone such defect or failure if that Committee, Committee Chairperson or magistrate is of the opinion that there has been substantial compliance with this Act and that the condonation of such defect or failure does not, or is not likely to, prejudice any person.
79. (1) The Minister may make regulations relating to
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
December of the year during which it was so taken out, but which licence may upon application in the prescribed form and manner
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$1 000 or in default of payment to imprisonment for any period not exceeding three months or to both such fine and such imprisonment.".
Substitution of section 3 bis of Proclamation 3 of 1924, inserted by section 4 of Ordinance 14 of 1937
85. The following section is substituted for section 3 bis of the Brewers and Distillers Licences Duty Proclamation, 1924:
"3 bis. The [Administrator] Minister of Trade and Industry may make, alter and revoke regulations, not being contrary to the provisions
of this Proclamation, prescribing the forms of licences, notices, applications and other documents to be used, providing for returns to be made of the quantity of liquor sold, and generally for carrying out more efficiently the
administration of this Proclamation, and may furthermore impose penalties for the breach of any regulation.".
Repeal of laws, savings and transitional provisions
86. (1) Subject to subsection (2) and to the transitional provisions contained in the Third Schedule, the laws set out in the Second Schedule are hereby repealed.
(2) Subject to the further provisions of this Act, anything done or deemed to have been done under or in terms of a provision of any law repealed by subsection (1), and which is capable of being done under or in terms of a
provision of this Act, shall be deemed to have been done under or in terms of the last-mentioned provision.
Short title and commencement
87. (1) This Act shall be called the Liquor Act, 1998, and shall, subject to subsection (2), come into operation on a date to be determined by the Minister, in consultation with the Minister of Justice, by notice in the Gazette.
(2) Different dates may be determined in terms of subsection (1) in respect of different sections of this Act.
FIRST SCHEDULE
FEES
Fees payable upon application for, issue of or renewal of licences.
Kind of Licence Section Application Licence Fees of Act Fees and Annual Licence Fees N$ N$
3
3. Restaurant liquor licence:
4. Authority for public bar:
(a) at restaurant (separate application): 4(3)
100 600
(b) at rest camp or guest farm: 4(3)(a) 100 600
5 400
6 200 1200
100 600
8. Temporary liquor licence:
8
20 40 per day
20 20 per day
9. Bottle store licence: 9 200 2000
10. Grocery liquor licence: 10 200 2000
II. Wholesale liquor licence: 11 200 3 000
If a licence is granted after 30 April in any year, there shall be payable in respect of such granting a fee of one twelfth of the amount shown in the last column of this Part for each month or part of a month from the date of the granting up to 31 March following the date of granting of the licence.
Kind of Application Section of Application Licence Act Fees Fees
1. Conditional authority: 30 50 20
2 Extension of conditional authority: 30 20 20
3. Removal of licence: 3] 50 100
4. Amendment of conditions: 27 (1) (d) 50 100
5. Transfer of licence: 33 50 100
6. Controlling interest: 34 25 25
7. Change of name: 35 20 20
8. Short term leasing: 36 50 100
9. Re-transfer: 36 (6) Nil 100
10. Any other application not provided for: 50 100
PART III: APPEALS
Lodging notice of appeal Section 4] N$50
SECOND | SCHEDULE | |||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
LAWS | REPEALED | |||||||||||||||||
(Section | 86) | |||||||||||||||||
No. and year of law | Short title | Extent of | ||||||||||||||||
repeal | ||||||||||||||||||
Ordinance | 36 of 1957 | Kaffir Beer (Rural Areas) | The whole | |||||||||||||||
Control Ordinance, | 1957 | |||||||||||||||||
Act 70 of 1957 | Railways | and Harbours | Chapter | V | ||||||||||||||
Control and Management | ||||||||||||||||||
Consolidation | Act, 1957 | |||||||||||||||||
Act 102 of 1967 | General Law Amendment | Section | 22 | |||||||||||||||
Act, 1967 | ||||||||||||||||||
Proclamation | R231 of | Supply and Sale of Liquor | The whole | |||||||||||||||
1967 | Proclamation, | 1967 | ||||||||||||||||
Proclamation | R205 of | Supply and sale of liquor | The whole | |||||||||||||||
1968 | to Natives in South West | |||||||||||||||||
Africa and the brewing, | ||||||||||||||||||
selling and supplying of | ||||||||||||||||||
Kaffir Beer in South West | ||||||||||||||||||
Africa Proclamation, | 1968 | |||||||||||||||||
Ordinance 2 of 1969 | Liquor Ordinance, | 1969 | The whole | |||||||||||||||
Ordinance | 18 of 1969 | Liquor Amendment | The whole | |||||||||||||||
Ordinance, | 1969 | |||||||||||||||||
Ordinance | 9 of | 1970 | Liquor Amendment | Ordinance, | The whole | |||||||||||||
1970 | ||||||||||||||||||
Ordinance | 20 of 1971 | Liquor Amendment | Ordinance, | The whole | ||||||||||||||
1971 |
Act No.6, 1998 | LIQUOR ACT, 1998 | |
---|---|---|
Ordinance 9 of 1972 | Liquor Amendment Ordi- | The whole |
nance, 1972 | ||
Proclamation R198 of | Supply and Sale of Liquor | The whole |
1972 | Amendment Proclamation, | |
1972 | ||
Proclamation R240 of | Supply and Sale of Li- | The whole |
1973 | quor Amendment Proclamation, | |
1973 | ||
Enactment 2 of 1973 | Ovambo Trading and Li- | The whole |
(Government Notice | censing Amendment Enact | |
R1024 of 1973) | ment, 1973 | |
Ordinance 26 of 1973 | Liquor Amendment Ordinance, | The whole |
1973 | ||
Ordinance 12 of 1974 | Liquor Amendment Ordi- | The whole |
nance, 1974 | ||
Proclamation R219 | Supply and sale of li- | The whole |
of 1974 | quor to Natives in South West | |
Africa and the brewing, selling | ||
and supplying of Kaffir beer | ||
in South West Africa amend | ||
ment Proclamation, 1974 | ||
Ordinance 9 of 1975 | Liquor Amendment Ordi- | The whole |
nance, 1975 | ||
Ordinance 22 of 1975 | Liquor Amendment Ordi- | The whole |
nance, 1975 | ||
Ordinance 9 of 1976 | Liquor Amendment Ordi- | The whole |
nance, 1976 | ||
Proclamation A.G. 73 | Liquor Laws Amendment | The whole |
of 1978 | Proclamation, 1978 | |
Proclamation R21 | Arrangement appertaining to | The whole |
of 1984 | the sale and supply of Liquor | |
in Walvis Bay, 1984 | ||
Act 21 of 1987 | National Transport Cor- | Section 5 |
poration Act, ] 987 |
Act 15 of 1988 Liquor Affairs Amendment
The whole
Act, 1988
Act 26 of 1991 Racial Discrimination Section 20
Prohibition Amendment
Act, 1991
THIRD SCHEDULE TRANSITIONAL PROVISIONS (Section 86)
Notwithstanding the repeal of the laws set out in the Second Schedule to this Act, the following provisions shall apply to the respective classes of licences and permits specified in this Schedule.
PART I
Accommodation Establishment On-Consumption Licences and Accommodation Establishment Restaurant Liquor Licences held under the repealed Liquor Ordinance, 1969 (Ordinance 2 of 1969):
PART II
A. The licences or permits specified in column 1 hereunder which were in force on the date of commencement of this Act shall, from that date, respectively become the licences under this Act specified in column 2 below directly opposite such licences or permits so specified in such column 1, on and subject to the conditions applicable to each such licence under this Act:
Column 1
6(b)(ii) of the Liquor Ordinance, 1969.
under section lea) (ii) of the Brewers and Distillers Licences Duty
Column 2
Restaurant liquor licence under section 4(2) of this Act.
Club liquor licence under section 6 of this Act.
Bottle store licence under section 9 of this Act.
Bottle store licence under section 9 of this Act.
Wholesale liquor licence under section 11 of this Act.
Brewery depot licence under section 12 of this Act.
Bottle store licence under section 9 of this Act.
Wholesale liquor licence under section 11 of this Act.
Restaurant liquor licence under section 4(2) of this Act.
Brewery depot licence under section 12 of this Act.
Proclamation, 1924 (Proclamation
3 of 1924)
item 4 of Part III).
14. Special licence under section 6(b) 14. Public bar authority for a restau
(iv) ofthe Liquor Ordinance, 1969, rant under section 4(3) of this Act. relating to a restaurant licensed under section 6(b)(i) of that Ordi
nance.
15. Special licence under section IS. Distillery licence under section 13 6(b)(iv) of the Liquor Ordinance, of this Act.
1969, relating to a distillery licensed under a section 1(b) of the
Brewers and Distillers Licence
Duty Proclamation, 1924.
B. 1. In the case of a licence referred to in item 12 or 13 of paragraph A, the licensee shall be allowed a period of three months from the date of commencement of this Act within which to comply with sections 44 and 45, or any other conditions necessitating alterations to the licensed premIses.
2. The provisions of section 21 and 22 relating to the payment of licence fees and annual licence fees, and relating to the termination of licences in the event of non-payment of annual licence fees or as to the surrender of a licence shall, as from the date of commencement of this Act, apply to each licence referred to in this Part.
1. The holder of a licence, authority or permit referred to in paragraph 2 of this Part may, within a period of 3 months from the date of commencement of this Act and without the payment of any application fees or additional licence fees, in the prescribed form and manner apply to the Regional Liquor Licensing Committee for the region wherein the premises subject to such licence, authority or permit shall, on the making of the declaration, become the corresponding licence under this Act (herein called the new licence).
2. Licences and permits covered by this Part:
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No. 1843 Act No.6, 1998 LIQUOR ACT, 1998
sections 44 and 45 of this Act and, if applicable, to the Fourth Schedule or
any other conditions, including any condition in such declaration, relating to
alterations to the premises, unless such declaration otherwise stipulates.
PART IV
An application for or in respect of a liquor licence made in terms of any provision of the repealed Liquor Ordinance, 1969, which was made before, and is still pending at, the date of commencement of this Act, shall be deemed an application for or in respect of a corresponding liquor licence in terms of this Act.
PART V
The secretary of a Regional Licensing Committee shall enter into the register kept by him or her in terms of section 39 of this Act, particulars of each licence converted under Part II or Part III of this Schedule.
FOURTH SCHEDULE
REQUIREMENTS FOR SHEBEENS
The following basic requirements in respect of the premises concerned shall, to the satisfaction of the health officer concerned referred to in paragraph 2(a) or (b), as the case may be, be complied with before that health officer shall approve of the premises:
There shall be sufficient suitable refuse receptacles on the premises.
A health officer, upon approving premises under paragraph 2 or 3 of this Schedule, shall issue a certificate of fitness in respect of such premises in such form as the magistrate approves.