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Liquor Control Act 2017


REPUBLIC OF NAURU

LIQUOR CONTROL ACT 2017

______________________________

No. 37 of 2017
______________________________


An Act to regulate and control the supply and consumption of liquor, to repeal the Liquor Act 1967 and for related matters

Certified: 21st December 2017

Table of Contents


PART 1 - PRELIMINARY
1 SHORT TITLE
2 COMMENCEMENT
3 OBJECTS OF THE ACT
4 DEFINITIONS


PART 2 – ADMINISTRATION
5 LIQUOR LICENSING BOARD
6 POWERS OF THE BOARD
7 COMPOSITION AND APPOINTMENT OF THE BOARD
8 RESIGNATION OR REMOVAL OF MEMBERS FROM THE BOARD
9 SECRETARY OF THE BOARD
10 MEETINGS OF THE BOARD
11 HEARINGS HELD BY THE BOARD


PART 3 – LICENCES
12 LICENCES
13 LICENCE APPLICATION
14 PROCESS OF APPLICATION
15 DUTIES OF THE NAURU POLICE FORCE
16 DUTIES OF THE DIRECTOR OF PUBLIC HEALTH
17 MATTERS FOR CONSIDERATION IN DECIDING AN APPLICATION FOR A LICENCE
18 AREA PLANS LODGED WITH LICENCE APPLICATION
19 LICENCE APPLICATION FOR MORE THAN ONE CLASS OF LICENCE
20 NO LICENCE TO BE GRANTED TO MINORS
21 LICENCE APPLICATION BY PARTNERSHIP OR CORPORATION
22 OBJECTIONS
23 BOARD MAY DISPENSE WITH STRICT FORMALITIES REGARDING APPLICATIONS
24 LICENCE CONDITIONS
25 DURATION OF LICENSES
26 GRANT OF LICENCES
27 LICENCE MAY BE VARIED
28 LICENCE NOT TRANSFERRABLE
29 SUSPENSION OF LICENSE
30 RENEWAL OF LICENCE
31 PERMIT FOR EXTENDED HOURS
32 CERTIFICATE FOR A LICENCE OF PREMISES NOT ALREADY ERECTED
33 ALTERATION OF LIMITS
34 APPEALS


PART 4 – ADDITIONAL REQUIREMENTS FOR LICENCE
35 STORE AREA TO BE LOCKED
36 NO GAMING ON LICENSED PREMISES
37 NO CREDIT SALES


PART 5 – CUSTOMER REGISTER
38 CUSTOMER REGISTER


PART 6 – PROHIBITION ON SALE OR SUPPLY OF LIQUOR TO A PERSON UNDER THE AGE OF 21 YEARS
39 DRINKING AGE
40 SALE OF LIQUOR TO A PERSON UNDER THE AGE OF 21 YEARS


PART 7 – PROHIBITION ON SALE OR SUPPLY OF LIQUOR WITHOUT A LICENCE
41 NO SALE OR SUPPLY OF LIQUOR WITHOUT A LICENCE


PART 8 - ORDER TO RESTRICT THE SALE, SUPPLY OR IMPORT OF CERTAIN ALCOHOL
42 ORDERS TO RESTRICT THE SALE, SUPPLY OR IMPORT OF CERTAIN ALCOHOL


PART 9 – BANNING ORDERS
43 BANNING ORDERS


PART 10 – ENFORCEMENT
44 APPOINTMENT OF AUTHORISED OFFICERS
45 FUNCTIONS AND POWERS OF AUTHORISED OFFICERS


PART 11 – OFFENCES AND PENALTIES
46 CARRYING OR EXPOSING LIQUOR FOR SALE
47 OFFER TO PURCHASE LIQUOR OTHER THAN FROM A LICENSED PREMISES
48 OCCUPIER OR OWNER OF UNLICENSED PREMISES LIABLE FOR PROSECUTION FOR SALE OF LIQUOR
49 CONSUMPTION OF LIQUOR PROHIBITED IN PUBLIC PLACES
50 LICENSEES TO RETAIN CONTROL ON SALE AND CONSUMPTION OF LIQUOR
51 LICENSEE TO ENSURE RESPONSIBLE SALE AND SERVICE OF LIQUOR
52 LICENSEES TO ENSURE SELLER AND SERVER OF LIQUOR MEETS THE MINIMUM AGE REQUIREMENTS
53 SALE AND CONSUMPTION OF LIQUOR NOT TO CAUSE UNDUE ANNOYANCE, DISTURBANCE OR DISORDERLY CONDUCT
54 LICENSEE NOT TO ALTER AREA OF LICENSED PREMISES WITHOUT APPROVAL
55 LICENSEE TO NOTIFY THE BOARD OF ALTERATION TO DESIGNATED AREA
56 LICENSEE TO NOTIFY THE BOARD OF CHANGE
57 LICENCE TO BE PRODUCED ON DEMAND
58 LICENCE TO BE DISPLAYED
59 AUTHORITY TO ACT AS LICENSEE TO BE DISPLAYED
60 SPECIAL EVENT LICENCE TO BE DISPLAYED
61 LIQUOR RESTRICTION ORDER TO BE DISPLAYED ON LICENSED PREMISES
62 LICENSEE TO DISPLAY NOTICE PROHIBITING OR RESTRICTING ENTRY OF ANY PERSON UNDER THE AGE OF 21 YEARS
63 LICENSEE TO PROHIBIT OR RESTRICT THE ENTRY OF YOUNG PEOPLE TO CERTAIN PARTS OF LICENSED PREMISES
64 LICENSEE TO REQUIRE CERTAIN PEOPLE TO LEAVE LICENSED PREMISES
65 LIQUOR NOT TO BE CONSUMED ON OFF LICENSED PREMISES
66 LIQUOR NOT TO BE REMOVED FROM ON LICENSED PREMISES
67 LICENSEE TO RESTRICT PEOPLE ON LICENSED PREMISES OUTSIDE PRESCRIBED TRADING HOURS
68 LICENSEE TO NOTIFY THE BOARD OF PROLONGED ABSENCE FROM LICENSED PREMISES
69 LICENSEE NOT TO HINDER AN AUTHORISED OFFICER
70 PROHIBITED OR RESTRICTED ADVERTISING OR PROMOTION
71 FALSE APPLICATIONS
72 LIQUOR NOT TO BE SOLD OR SERVED BY PERSON WHO IS INTOXICATED
73 LIQUOR NOT TO BE SOLD OR SERVED TO A PERSON UNDER THE AGE OF 21 YEARS
74 LIQUOR NOT TO BE SUPPLIED TO A PERSON UNDER THE AGE OF 21 YEARS ON LICENSED PREMISES
75 PERSON UNDER THE AGE OF 21 YEARS NOT TO ENTER CERTAIN PART OF LICENSED PREMISES
76 PERSON UNDER THE AGE OF 21 YEARS NOT TO PRODUCE FALSE EVIDENCE OF IDENTITY
77 LIQUOR NOT TO BE PURCHASED BY A PERSON UNDER THE AGE OF 21 YEARS
78 PERSON UNDER THE AGE OF 21 YEARS NOT BE GIVEN POSSESSION OR CHARGE OF LIQUOR ON LICENSED PREMISES
79 PERSON UNDER THE AGE OF 21 YEARS NOT TO CONSUME LIQUOR ON LICENSED PREMISES
80 PERSON NOT TO HAVE POSSESSION OR CONTROL OF LIQUOR ON LICENSED PREMISES
81 LIQUOR NOT TO BE SOLD OR SERVED TO INTOXICATED PERSON
82 LICENSEE TO PREVENT OFFENCES ON LICENSED PREMISES
83 LIQUOR NOT TO BE BROUGHT ONTO LICENSED PREMISES
84 PROHIBITED BEHAVIOR AND LANGUAGE
85 PERSON TO LEAVE LICENSED PREMISES WHEN REQUIRED TO DO SO
86 LICENSEE DOES NOT MAINTAIN CLEAN AND SANITARY CONDITIONS
87 ADULTERATED LIQUOR
88 OFFENCE BY CORPORATION
89 GENERAL PENALTY


PART 12 – MISCELLANEOUS
90 NOTICES IN WRITING
91 CLOSED DAYS
92 LIABILITY FOR ACTS OF EMPLOYEES AND AGENTS
93 PROTECTION OF BOARD
94 EVIDENCE
95 JURISDICTION OF THE COURT
96 REGULATIONS


PART 13 – REPEAL, SAVINGS AND TRANSITIONAL
97 REPEAL OF ACT
98 Savings and transitional provisions

Enacted by the Parliament of Nauru as follows:

PART 1 - PRELIMINARY

1 Short title

This Act may be cited as the Liquor Control Act 2017.

2 Commencement

This Act commences upon certification by the Speaker.

3 Objects of the Act

The objects of the Act are to minimise the misuse or any harmful effect of misuse of alcohol by:

(a) fostering and encouraging a culture of responsible and moderate consumption of liquor;
(b) facilitating a regulatory framework of the sale, supply and consumption of liquor in public places and in the hospitality industry;
(c) restricting the importation, sale, supply and purchase of alcohol of international standards to ensure the side effects of alcohol has minimal health and social implications;
(d) supply and consumption of alcohol in the best interests of the community and is not designed to distract public amenities and the socio culture of the Republic;
(e) facilitate social and recreational gathering without alcohol becoming or causing disruption, anti-social family acrimony or a social burden to the families and children;
(f) restricting undesirable liquor promotion and advertising the sale and supply of liquor products;
(g) promote education and awareness in the community and children of the risks involved with the consumption of alcohol.

4 Definitions

In this Act:

‘adulterate’ includes mix with a deleterious ingredient;

‘applications’ means applications for liquor licenses;

‘applicant’ means a person applying for a liquor licence under this Act;

‘bar’ means a place where liquor is sold or served to customers and is located separately from any area used as a restaurant or common area;

‘Board’ means the Liquor Licensing Board;

‘Chairperson’ means the Chairperson of the Liquor Licensing Board;

document of identification’ means a document that:

(a) is a driving licence or passport or other form of approved identification;
(b) contains a photograph that could reasonably be taken to be of the person; and
(c) indicates that the person to whom the document was issued is at least 18 years old.

‘glass’ includes, in the case of beer, light wine or diluted spirits, an opened can or bottle;

‘licence’ means a licence granted under this Act;

‘licensee’ means a person granted a licence under this Act;

‘authorised officer’ means a person appointed under section 44;

‘liquor’ means a beverage that, at 20 degrees Celsius, has more than 1.15% alcohol by volume and includes any other substance that comprises, makes up, contains or may be converted into that beverage;

‘member of the Board’ includes the deputy of a member of the Board;

‘Minister’ means the Minister responsible for the administration of this Act;

‘on licenced premises’ means liquor licence to sell and supply liquor to be consumed on the premises;

‘off licenced premises’ means liquor licence to sell and supply liquor to be consumed off the premises;

‘permit’ means a permit granted under this Act;

‘person’ means an individual, partnership or corporation;

‘Police Force’ means the Nauru Police Force;

‘prescribed trading hours’ means, in relation to particular licensed premises, the trading hours prescribed by Regulations and such additional hours as the Board authorises under the provisions of this Act;

‘prohibited hours’ means, in relation to particular licensed premises, times other than the prescribed trading hours;

‘Retail Bottle Store’ means a separate retail premises or room that sells only liquor and liquor related products;

‘sell’ includes barter;

‘supply’ includes sale or sell;

‘Secretary’ means Secretary to the Liquor Licensing Board;

‘unlicensed premises’ means premises other than licensed premises of the following descriptions:

(a) a café, restaurant or other premises where meals or refreshments are ordinarily supplied to the public for consumption on the premises;
(b) a hall or similar building hired to, occupied or ordinarily used by:
(c) land acquired by the Minister pursuant to the provisions of the Aerodrome (Acquisition of Land) Act 1952;
(d) a roadway or footpath open to or used by the public; or
(e) such other land as the Minister by notice in the Gazette, specifies for the purposes of this Act;

‘Wholesale licence’ authorises a licensee to sell and deliver liquor on wholesale at or from a specified building for consumption off the premises;

PART 2 – ADMINISTRATION

5 Liquor Licensing Board

A Liquor Licensing Board is established.

6 Powers of the Board
(1) The Board shall have the following functions and powers:

(a) consider and decide applications for a licence;
(b) consider complaints made in relation to licensed premises and any other relevant matter;
(c) conduct inquiries and hearings taking into account complaints brought under subparagraph (b);
(d) set by public notice in the Gazette the opening and closing hours for the sale of liquor for licensed premises;
(e) grant, decline, suspend or cancel licences for the importation and sale of liquor;
(f) monitor and regulate activities of licensees;
(g) determine licensing fees; and
(h) advise the Cabinet in relation to the control of sale and consumption of liquor or other matters under the Act;
(2) The Board has such other functions and powers as are prescribed by this Act or any other law.

7 Composition and appointment of the Board

(1) There shall be a Liquor Licensing Board which shall have 3 members appointed by the Minister in consultation with the Cabinet.
(2) The members of the Board shall be:
(3) In appointing the members, the Cabinet shall ensure that at least one of the members of the Board is a female.
(4) Save for the Chairperson, the other 2 members shall be appointed for a period of 2 years.

8 Resignation or removal of members from the Board

(1) Save for the Chairperson of the Board, a member may be removed from the Board where the member:
(2) Where a member of the Board is unable to attend a Board meeting due to illness, incapacity or absence from the Republic, the Minister may appoint a person to be the deputy of that member during his or her illness, incapacity or absence.

9 Secretary of the Board

(1) The Minister shall appoint a Secretary to the Board.
(2) The Secretary shall:

10 Meetings of the Board

(1) The Chairperson may direct the Secretary to issues notices for meetings of the Board.
(2) Where the Chairperson is absent, the Deputy Registrar of the Court shall preside over the meeting of the Board.
(3) Any matters arising at any meetings of the Board shall be determined by the majority of the members present.
(4) A quorum of the Board shall consist of 2 members.

11 Hearings held by the Board

(1) The Secretary shall before a hearing of the Board is held:
(2) The Board may determine its own procedure for conducting a hearing under this Act.
(3) The Board during a hearing shall give an opportunity for the following persons to be heard:
(4) The Board may, after giving the persons under subsection (3)(a) or subsection (3) (b) reasonable opportunity to be heard decide to:
(5) For the purposes of a hearing, the Board is not bound by the rules of evidence ordinarily applied by the courts.

PART 3 – LICENCES

12 Licences

(1) No person shall sell or supply liquor in the Republic without a licence granted under this Act.
(2) The Board shall on an application by a person grant one of the following licences:
(3) The fees payable for a licence and related matters shall be prescribed by regulations.
(4) A licence granted under the Act shall be in the form prescribed by regulations.
(5) The term of a licence granted under the Act shall be prescribed by regulations and may be renewed upon application under the Act.


13 Licence application

(1) An application for a licence under this Act shall be made in writing to the Board:
(2) An application under subsection (1) shall be lodged with the Secretary in quadruplicate copies.
(3) An application for a license shall be:
(2) An application shall include:
(3) The Board shall not consider an application if the prescribed fee has not been paid.

14 Process of application

(1) The Secretary on receipt of an application under section 13 shall:
(2) The Secretary shall advertise the application by notice in the Gazette where the application is for the grant, renewal, transfer or cancellation of licence.
(3) An authorised officer shall:
(4) The Board may grant an application subject to such conditions as the Board deems necessary.
(5) Where the applicant has been granted a licence the Board may cancel any licence issued under this Act upon conviction for an offence under the Act.

15 Duties of the Police Force

Where the Police Force receives an application for a licence from the Secretary of the Board, it shall:

(a) cause an inquiry as to the venue, security and accessibility of the premises for which the licence is applied for;
(b) cause an inquiry into the records of the applicant, and if the applicant is convicted of an offence;
(c) within 14 days of the receipt of the notice submit a report to the Secretary for the Board amongst other matters providing for:

16 Duties of the Director of Public Health

Where the Director of Public Health receives an application for a licence from the Secretary of the Board, he or she shall:

(a) cause an inquiry into the health and sanitary conditions of the proposed premises including the cooking facilities, dining area and public convenience;
(b) cause an inquiry into the fire and safety conditions of the proposed premises;
(c) cause an inquiry into the labeling, packaging, handling and storage of liquor on the proposed premises; and
(d) within 14 days upon receipt of the notice submit to the Secretary an inspection report.

17 Matters for consideration in deciding an application for a licence

For the purposes of making a decision on an application for a licence, the Board shall consider:

(a) the suitability of the applicant;
(b) whether it is appropriate to grant the licence for premises in the area to which the application relates;
(c) whether the premises to which the application relates are fit and proper premises for the purpose of the licence;
(d) compliance with health, sanitary and fire standards; and
(e) any objection to the application.

18 Area plans lodged with licence application

(1) An applicant shall lodge together with the licence application an area plan in duplicate copies to the Secretary as prescribed by Regulations.
(2) Subsection (1) shall not apply where the area plan that complies with the provisions of the Regulations are already held with the Secretary.
(3) Where the Board considers that an area plan does not comply with the requirements of the Regulation or is otherwise inadequate the Board may, require the applicant:
(4) The Board shall define the limits of the licensed premises by delineates on the area plans,:
(5) For the purposes of subsection (4), the Board may define the limits of licensed premises as being boundaries of that portion of the applicant’s premises where:

19 Licence application for more than one class of licence

(1) An applicant who intends to sell or supply liquor under more than one class of licence under section 13 shall apply for each relevant class and pay the relevant prescribed fees.
(2) A person who contravenes this section commits an offence and upon conviction is liable to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 12 months or to both.

20 No licence to be granted to minors

A licence shall not be granted to a person under the age of 21 years.

21 Licence application by partnership or corporation

(1) A partnership or corporation applying for a licence shall nominate a person to be a representative in the conduct of the licenced premises.
(2) A person shall not be nominated under this section unless he or she has signed a document consenting to his or her nomination.
(3) If the name of the partnership or corporation has been changed during the term of the licence, the licensee shall notify the Board to amend the licence accordingly.
(4) The Board may at any time upon application by the partnership or corporation substitute the name of some other person as nominee to act on their behalf and the Board may amend the licence accordingly.

22 Objections

(1) Any objection based upon a substantial ground may be raised at the hearing of any application:
(2) A person who desires to make an objection at the hearing of an application shall lodge with the Secretary a notice of objection:
(3) A copy of the notice of objection under subsection (2) shall be served on the applicant within 24 hours from the time of lodgment of the objection.

(4) The Board shall hear any objections made pursuant to this section at the hearing of an application.
(5) The Board may award costs against the objector where the Board considers an objection to be frivolous.
23 Board may dispense with strict formalities regarding applications

The Board may for the purpose of an application and on such terms as the Board thinks fit:

(a) permit the amendment of a notice, document or instrument;
(b) if it is satisfied that injustice to any person will not be caused by doing so, disregard a defect in a notice, document or instrument; or
(c) extend or abridge the time fixed by this Act for performing an act whether the application for the extension of abridgement is made before or after the expectation of the time so fixed.

24 Licence conditions

The Board may impose conditions on a licence relating to:

(a) noise abatement;
(b) prohibition of the sale or supply of liquor between specified hours;
(c) prohibition of or restriction on activities that could encourage the misuse or abuse of liquor such as excessive consumption of alcohol;
(d) restrictions on how liquor may be sold from the licensed premises; or
(e) restrictions on the number of persons who may be in the licensed premises at any time.

25 Duration of licenses

(1) The duration of a licence shall unless the Board specifies some other date, take effect from the date the Board gave their decision on the matter.
(2) A licence shall unless sooner cancelled or suspended, continue in force until the last day of the financial year in which the licence was granted or renewed.

26 Grant of licences

The Board before granting a licence shall be satisfied that:

(a) the premises to which the application relates are fit and proper for the purpose of the class of licence applied for; and
(b) the parts of the premises on which liquor are to be stored, sold, supplied or consumed are properly defined in the application or in the plan attached to the application.

27 Licence may be varied

The Board may vary a licence by substituting other premises for the premises previously defined in respect of that licence upon the written application by a licensee.

28 Licence not transferrable

(1) A licence shall not be transferred by the licensee to any other person without the prior approval of the Board.
(2) Any licensee who transfers his or her licence in contravention of subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $10,000 or to a term of imprisonment of 6 months or to both.

29 Suspension of license

(1) An authorised officer may, upon giving 14 days’ notice to a licensee, apply to the Board for the suspension of a licence.
(2) The Board may cancel or suspend a licence for a period for a period not exceeding 12 months upon being satisfied that:

30 Renewal of licence 

(1) An application for the renewal of a licence shall be made:
(2) A licensee is not liable for prosecution for failing to hold a licence under this Act if he or she has:

31 Permit for extended hours

(1) A licensee who intends to extend hours for sale or supply of liquor shall apply in writing to the Board for a permit for extended hours.
(2) The Board may grant a permit for extended hours to a licensee to supply liquor in accordance with the general authority granted under his or her licence and during such additional hours granted by the Board in the permit.
(3) A person who does not have a valid permit for extended hours under this section commits an offence and upon conviction is liable to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 12 months or to both.

32 Certificate for a licence of premises not already erected

(1) A person may apply to the Board for a certificate under this section who desires to obtain a licence in respect of or the removal of a licence to a premises:
(2) A certificate under this section authorises the issue or removal of a licence of the class specified in the certificate upon the completion of the premises and accommodation within the time specified in the certificate.
(3) A licence shall not be issued or removed pursuant to a certificate under this section unless the Board is satisfied that the conditions specified in that certificate have been complied with.
(4) A certificate issued by the Board under this section shall be cancelled if the:

33 Alteration of limits

(1) The Board may alter the limits under section 18(4) upon the written application by a licensee.
(2) The Board shall not approve an alteration to the area of a licensed premise unless the Board is satisfied that it is in the best interests of the community to do so.

34 Appeals

(1) Any person aggrieved by the decision of the Board shall file and serve an appeal to the Supreme Court within 21 days of delivery of the decision by the Board.
(2) The appeal shall be filed by way of a notice of appeal.
(3) No appeal shall be filed against a decision of the Board after a lapse of 3 months form the time the decision was made.
(4) The rules of the court shall apply.

PART 4 – ADDITIONAL REQUIREMENTS FOR LICENCE

35 Store area to be locked

(1) A licensee shall at the commencement of the prohibited hours, lock the areas in his or her licensed premises where liquor is stored or dispensed and keep them locked during the prohibited hours.
(2) Despite subsection (1), a licensee may:

36 No gaming on licensed premises

(1) No gaming shall be allowed on any licensed premises.
(2) Any person who contravenes this section commits an offence and upon conviction is liable to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 12 months or to both.

37 No Credit Sales

(1) Any licensee who receives in payment or as a pledge for liquor supplied by him or her anything except legal tender or bank cheques at full nominal value commits an offence.
(2) A licensee who sells liquor by the glass on credit except for payment received during the time of sale commits an offence and cannot recover the debt incurred.
(3) A licensee who commits an offence under this section upon conviction is liable to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 12 months or to both.

PART 5 – CUSTOMER REGISTER

38 Customer register

(1) A licensee shall maintain a customer register in the form approved by the Board for any sale or supply of liquor.
(2) A customer register shall record:
(3) The licensee shall if requested by an authorised officer:
(4) The licensee shall ensure that the information recorded in the customer register is retained for at least 3 years from when the record was made.
(5) A licensee who does not keep a customer register required under this Act commits an offence and upon conviction is liable to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 12 months or to both.
(6) A licensee who fails to produce a Customer register to an authorised officer for examination upon request commits an offence and upon conviction is liable to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 12 months or to both.

PART 6 – PROHIBITION ON SALE OR SUPPLY OF LIQUOR TO A PERSON UNDER THE AGE OF 21 YEARS

39 Drinking age

Despite the Child Protection and Welfare Act 2016, for the purposes of this Act, a person shall be at least 21 years old before he or she can consume, purchase, sell, supply, carry or serve liquor on licensed premises or in a public place.

40 Sale of liquor to a person under the age of 21 years

(1) The licensee or an employee may refuse to sell or supply liquor to any person unless such person satisfies the licensee or an employee of his or her age by showing a document of identification.
(2) A licensee may, upon reasonable suspicion of a person being under the age of 21 years remove a person if:
(3) It shall be a defence to a prosecution for an offence under this section if the person charged proves that he or she reasonably believed that the other person had attained the age of 21 years.

PART 7 – PROHIBITION ON SALE OR SUPPLY OF LIQUOR WITHOUT A LICENCE

41 No sale or supply of liquor without a licence

(1) No person shall sell or supply liquor without a licence.
(2) A person commits an offence if he or she does not hold a valid licence or occupies an unlicensed premises and:
(3) A person who commits an offence under this section upon conviction is liable to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 2 years or to both.

PART 8 - ORDER TO RESTRICT THE SALE, SUPPLY OR IMPORT OF CERTAIN ALCOHOL

42 Orders to restrict the sale, supply or import of certain alcohol

(1) The Minister may, if it is necessary in the public interest and in consultation with the Board and the Department of Health, issue an Order to restrict:
(2) The Order for the restriction of sale, supply or import of certain alcohol shall be published in the Gazette.
(3) All licensees shall ensure that the Order is displayed in a visible manner in their premises.

PART 9 – BANNING ORDERS

43 Banning orders

(1) The Board may, by order in writing given to a person, prohibit the person from entering or remaining on the licensed premises specified in the order.
(2) An application for an order under this section may be made by:
(3) The application shall be in the form approved by the Board.
(4) The Board may make such an order under this section only if the Board is satisfied that the person who is the subject of the proposed order has repeatedly been intoxicated, violent, quarrelsome or disorderly on or in the immediate vicinity of licensed premises.
(5) The regulations may prescribe other circumstances in which the Board is authorised to make an order under this section.
(6) An order under this section shall specify a period not exceeding 6 months during which the order is in force.
(7) In deciding whether to make an order under this section, the Board shall not take into consideration the person's race or ethnic or national origins.
(8) A person who is the subject of an order under this section shall not enter or attempt to enter, or remain on, the licensed premises to which the order relates.
(9) A person who contravenes subsection (8) commits an offence and upon conviction is liable to a fine not exceeding $1,000 or to a term of imprisonment not exceeding 6 months.

PART 10 – ENFORCEMENT

44 Appointment of authorised officers

(1) The Minister may on the recommendation of the Board by notice in the Gazette appoint authorised officers for the purpose of this Act.
(2) An authorised officer appointed under subsection (1) shall be issued with an identification card duly signed by the Chairperson.
(3) Any authorised officer appointed under this section except a member of the Police Force shall:

45 Functions and powers of authorised officers

(1) The functions of the authorised officer include:
(2) A authorised officer has the power to enter any licensed premises at any reasonable time and may request to see the licence or any records to establish compliance with the Act.
(3) Any person who wilfully delays admittance to or obstructs the entrance into any licensed premises of a licensing inspector under this section commits an offence.
(4) A authorised officer may obtain a warrant from a Resident Magistrate if he or she has reasonable grounds to believe that an offence is being committed under this Act and:
(5) Any liquor seized under subsection (4) shall within 14 days from the date of seizure, be returned to the person from whom the liquor was seized unless the person has been charged with the alleged offence.
(6) Any liquor seized under subsection (4) that has not been returned for the reasons that the person has been charged and convicted for the alleged offence shall be disposed of by public auction.

PART 11 – OFFENCES AND PENALTIES

46 Carrying or exposing liquor for sale

(1) A person shall not carry, store in bulk or expose liquor for sale without a licence and a licence for the premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment not less than 2 years or more than 5 years.
(3) For the purposes of subsections (1) and (2), the burden of proving that the liquor was not carried, stored in bulk or exposed for sale is on the person alleged to have carried, stored in bulk or exposed for sale the liquor unless:

is able to provide evidence that the liquor is carried, stored in bulk or exposed for sale only for the purposes of delivering to the purchaser.

47 Offer to purchase liquor other than from a licensed premises
(1) A licensee shall not take or receive or cause or permit an employee or agent to take or receive an order for liquor elsewhere than at the licensed premises.

(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment not less than 2 years or more than 5 years.

48 Occupier or owner of unlicensed premises liable for prosecution for sale of liquor

(1) An occupier or owner of an unlicensed premise shall not permit or knowingly allow the sale of liquor on the premises by any person including a tenant.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $100,000 or to a term of imprisonment not less than 2 years or more than 5 years.
(3) For the purposes of this section, an owner of the unlicensed premises is deemed to have knowledge of the sale of liquor if:

49 Consumption of liquor prohibited in public places

(1) A person shall not consume liquor:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

50 Licensees to retain control on sale and consumption of liquor

(1) A licensee shall ensure that the business carried on the licensed premises is carried on in such a way that the licensee can exercise effective control over the sale and any consumption of liquor on the premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

51 Licensee to ensure responsible sale and service of liquor

(1) A licensee shall not allow a person to sell or serve liquor on the licensed premises unless the person:
(2) An applicant for a liquor licence shall successfully complete an approved course, if the Board so directs.
(3) In order to demonstrate compliance to subsection (1) or (2), a licensee shall:
(4) The Board may exempt the holder of a special event licence from the requirements of this section if satisfied that it is not against the public interest to do so.
(5) In this section:
(6) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

52 Licensees to ensure seller and server of liquor meets the minimum age requirements

(1) A licensee shall not allow a person to sell or serve liquor on the licensed premises if that person is under the age of 21`years.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

53 Sale and consumption of liquor not to cause undue annoyance, disturbance or disorderly conduct

(1) A licensee shall ensure that the sale and consumption of liquor on the licensed premise does not:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

54 Licensee not to alter area of licensed premises without approval

(1) A licensee shall not alter the area of the licensed premises without the Board’s approval.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

55 Licensee to notify the Board of alteration to designated area

(1) A licensee shall:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

56 Licensee to notify the Board of change

(1) Whenever there is a change of a kind specified by the Board in writing, served on the licensee, takes place in the situation existing in relation to that licensee, the licensee shall in an approved form provided by the Board, notify the Board of change within 14 days after such change has taken place.
(2) The Board may require a licensee to supply the Board with such further particulars of a change in situation as the Board considers necessary.

57 Licence to be produced on demand

(1) A licensee shall produce the licensee’s liquor licence to the authorised officer upon demand.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years

58 Licence to be displayed

(1) A licensee shall display the licensee’s liquor licence in a conspicuous position on the licensed premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

59 Authority to act as licensee to be displayed

(1) The holder of an authority to act as a licensee shall display the authority in a conspicuous position on the licensed premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

60 Special event licence to be displayed

(1) The holder of a special event licence shall display the licence in a conspicuous position on the licensee’s premises during the time when the liquor may be sold on those premises under the authority of the licence.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

61 Liquor restriction order to be displayed on licensed premises

(1) A licensee shall display in a conspicuous position on the licensed premises any liquor restrictions order made by the Board in respect of the premises or any part of the premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

62 Licensee to display notice prohibiting or restricting entry of any person under the age of 21 years

(1) A licensee shall ensure that there is displayed in a conspicuous position at the entrance to any part of the licensed premises a notice approved by the Board giving notice of the prohibition or restriction of entry of any person under the age of 21years.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

63 Licensee to prohibit or restrict the entry of young people to certain parts of licensed premises

(1) A licensee shall ensure that a person under the age of 21 years does not enter or remain on any part of the licensed premises, except:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

64 Licensee to require certain people to leave licensed premises

(1) A licensee shall require a person to leave the licensed premises if he or she is:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

65 Liquor not to be consumed on off licensed premises

(1) The holder of an off licensed premise shall not allow liquor purchased on the licensed premises to be consumed on those premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

66 Liquor not to be removed from on licensed premises

(1) The holder of on licensed premises shall not allow liquor purchased on the licensed premises to be taken off those premises to be consumed elsewhere.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

67 Licensee to restrict people on licensed premises outside prescribed trading hours

(1) A licensee shall not allow a person to enter or remain on any part of a licensed premises where liquor is normally sold at any time between:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.
(3) Subsection (1) does not apply to:

68 Licensee to notify the Board of prolonged absence from licensed premises

(1) A licensee shall not be absent from the licensed premises for a period of more than 14 days unless before the absence the licensee gives the Board written notice specifying:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

69 Licensee not to hinder an authorised officer

(1) A licensee shall not:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

70 Prohibited or restricted advertising or promotion

(1) The Board may serve a notice on a licensee that prohibits or restricts the advertising or promotion of the sale of liquor by the licensee if, in the opinion of the Board:

(2) A licensee on whom the notice is served under subsection (1) shall comply with the notice.
(3) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.
71 False applications

(1) A person shall not knowingly make a false or misleading statement in an application made for the purpose of the Act.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

72 Liquor not to be sold or served by person who is intoxicated

(1) A person shall not sell or serve liquor on licensed premises if he or she is intoxicated.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.
(3) A licensee commits an offence if a person authorised by the licensee to sell or serve liquor on the licensed premises sells or serves liquor whilst intoxicated.
(4) Any licensee who contravenes subsection (3) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

73 Liquor not to be sold or served to a person under the age of 21 years

(1) A person shall not sell or serve liquor to a person under the age of 21 years on licensed premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.
(3) A licensee commits an offence if a person authorised by the licensee sell or serve liquor on the licensed premises sells or serves liquor to a person under the age of 21 years old.
(4) A licensee who contravenes subsection (2) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

74 Liquor not to be supplied to a person under the age of 21 years on licensed premises

(1) A person shall not supply liquor to a person under the age of 21 years on licensed premises
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

75 Person under the age of 21 years not to enter certain part of licensed premises

(1) A person under the age of 21 years shall not enter or remain on any part of a licensed premises where a notice specifying the prohibition is displayed in accordance with section 41, except:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

76 Person under the age of 21 years not to produce false evidence of identity

(1) A person under the age of 21 years shall not use a false document in order to, or attempt to do, anything that a person under the age is prohibited from doing by or under this Act.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

77 Liquor not to be purchased by a person under the age of 21 years

(1) A person shall not send a person under the age of 21 years:
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

78 Person under the age of 21 years not be given possession or charge of liquor on licensed premises

(1) A licensee or person acting on behalf of a licensee, shall not give a person under the age of 21 years possession or control of liquor on the licensed premises or allow a person under the age of 21 years to have or retain possession or control of liquor on the licensed premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

79 Person under the age of 21 years not to consume liquor on licensed premises

(1) A person under the age of 21 years shall not consume liquor on licensed premises.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

80 Person not to have possession or control of liquor on licensed premises

(1) A person under the age of 21 years shall not have possession or control of liquor on licensed premises
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

81 Liquor not to be sold or served to intoxicated person

(1) A person shall not sell, supply or serve liquor on licensed premises to a person who is intoxicated.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.
(3) A licensee commits an offence if a person authorised by the licensee to sell or serve liquor on the licensed premises sells or serve liquor to a person who is intoxicated.
(4) A licensee who contravenes subsection (3) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

82 Licensee to prevent offences on licensed premises

(1) A licensee who knows or has reason to believe that an offence under this Act is being, or is about to be, committed on the licensed premises shall take reasonable action to prevent the commission of the offence.
(2) A licensee who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

83 Liquor not to be brought onto licensed premises

(1) A person shall not bring liquor onto licensed premises without the consent of the licensee.
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

84 Prohibited behavior and language

(1) A person shall not, on licensed premises;
(2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.

85 Person to leave licensed premises when required to do so

(1) A person shall leave licensed premises when required to do so by:

acting in accordance with this Act.

(2) A person who has:

shall not reenter or attempt to reenter those premises within the period of 24 hours immediately after leaving or being removed from the premises.

(3) A person who contravenes subsections (1) and (2) commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment of not less than 2 years or more than 5 years.
(4) A police officer may:

86 Licensee does not maintain clean and sanitary conditions

(1) A licensee commits an offence if he or she:
(2) A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 12 months or to both.

87 Adulterated Liquor

(1) Any person who adulterates liquor commits an offence.
(2) Any person who supplies or offers by display or otherwise to supply any adulterated liquor commits an offence.
(3) Upon conviction of a person under this section, the court shall dispose of the liquor to which the offence relates and any vessels containing that liquor in such manner as the court deems necessary.

88 Offence by corporation


If a corporation commits an offence under this Act, a person who at the time of the commission of the offence was a director, chief executive officer, manager, secretary, or other similar officer of the corporation or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the corporation or was assisting in such management:


(a) may be charged jointly or severally in the same proceedings with the corporation; and
(b) if the corporation is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of the person's function in that capacity and to all circumstances, the person proves:

89 General Penalty

(1) A licensee who commits an offence under this Act for which no express penalty is provided is liable on conviction to a penalty of up to $15,000 or to imprisonment for twelve months or both.
(2) Any other person who is not a licensee under this Act and commits an offence under this Act for which no express penalty is provided shall be liable to a penalty of up to $20,000 or to imprisonment for two months, or both.

PART 12 – MISCELLANEOUS

90 Notices in writing

Where this Act provides for a notice to be given or an application to be made before the hearing of a matter, that notice or application shall be in writing.

91 Closed days

Any sale or supply of liquor in any of the following days is prohibited:

(a) Good Friday;
(b) Christmas Day;
(c) Sunday; or
(d) any other day or portion of a day specified for the purposes of this section by the Cabinet by notice in the Gazette.

92 Liability for acts of employees and agents


If any person would be liable under this Act to any punishment or penalty for an act, omission, neglect or default, that person shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of the person's, or of the employee of the agent, if the act, omission, neglect or default was committed:


(a) by that person's employee in the course of the employee's employment;

(b) by the agent when acting on behalf of that person; or

(c) by the employee of the agent in the course of the employee's employment by the agent or otherwise on behalf of the agent acting on behalf of that person,

unless, having regard to the nature of the person's function in that capacity and to all circumstances, the person proves:


(i) that the offence was committed without the person's knowledge, consent or connivance; and
(ii) that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.

93 Protection of Board

The Chairperson, Board members, Secretary, an authorised officer or any other person appointed and acting on behalf of the Board or otherwise under this Act is not personally liable for any act done or omitted in good faith in the exercise or performance of the functions, powers or duties of the Board or in exercise or performance of any functions, powers or duties under this Act.

94 Evidence

(1) In any proceedings under this Act, evidence of delivery or supply of liquor is evidence of a sale of the liquor.
(2) In proceedings for an offence under this Act, an apparently genuine document purporting to be a certificate signed by the Board certifying a matter relating to an approval or authorisation under this Act is, in the absence of proof to the contrary, proof of the matters so certified.

95 Jurisdiction of the court

The District Court shall have jurisdiction to hear and determine all offences under this Act and, shall have power to impose the penalty or punishment in respect of the offences under this Act.

96 Regulations

The Cabinet may make regulations prescribing all matters which are necessary or convenient to be prescribed for giving effect to this Act.

PART 13 – REPEAL, SAVINGS AND TRANSITIONAL

97 Repeal of Act

The Liquor Act 1967 is repealed by the provisions of this Act.

98 Savings and transitional provisions

(1) Despite the repeal of the Liquor Act 1967, all appointments, licences, fees, permits and decisions under the Act remain in force.
(2) Every licence of the following class under the Liquor Act 1967 immediately before the commencement of this Act shall be deemed for the purposes of this Act to be an:
(3) Any proceedings instituted or action begun under the repealed Act before the commencement of this Act which has not been determined before the commencement of this Act continues until it has been determined.


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