Notice Submition - Gauteng Liquor Application

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Title. Gauteng liquor act, (Act no. 2 of ): Notice of application in terms of section 24 (Form 2). Notice Type. Liquor License Notice. This application should be used by out-of-state wine manufacturers to make direct shipments of wine to New York resident customers. Download. Find out how to apply for a liquor license for your business or event. Submit complete application, attachments and fees to: Town Clerk, Monument The most current applications can be downloaded directly from the Dept. of Revenue at.

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Liquor (Licensing) Act

Chapter

Liquor (Licensing) Act .
Certified on: / /20 .

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter

Liquor (Licensing) Act .

ARRANGEMENT OF SECTIONS.

Subdivision A &#; Effect of Licences, Trading Hours, etc.

Subdivision B &#; Grant, Renewal, Conditions, etc.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Liquor (Licensing) Act ,

Being an Act relating to the sale, supply and disposal of fermented and spirituous liquor, and for related purposes.

PART I. &#; PRELIMINARY.

INTERPRETATION.

(1) In this Act, unless the contrary intention appears&#;

&#;Annual Sitting&#;, in relation to the Commission, means an Annual Sitting of the Commission provided for by Section 13(1);

&#;authority&#; means an authority granted under Section 38, 42(6) or 88;

&#;bar&#; means a counter over which liquor is served to a person for immediate consumption, but does not include a service counter;

&#;bar-room&#; means a room in which liquor is served over a bar;

&#;bona fide traveller&#;, in relation to any licensed premises, means a person who&#;

(a) resides at least 25 km from the licensed premises and, where the licensed premises are situated within a town, outside the boundaries of the town, the distance being calculated by the shortest, reasonable practicable route; and

(b) has, within the period of 12 hours before the time of his arrival at the licensed premises, travelled from a place at least 25 km from them, the distance being calculated by the shortest, reasonable practicable route; and

&#;booth licence&#; means a licence granted in accordance with Division III.5;

&#;bottle-shop licence&#; means a shop licence granted in accordance with Division III.8;

&#;cabaret permit&#; means a permit granted in accordance with Section 80;

&#;canteen&#; means a canteen established in accordance with Section 74;

&#;canteen licence&#; means a licence granted in accordance with Division III;

&#;certificate&#; means a certificate granted under Section 39(2) or 41(3);

&#;the Chief Licensing Commissioner&#; means the Chief Licensing Commissioner appointed under Section 5(2)(a);

&#;club licence&#; means a licence granted in accordance with Division III.7;

&#;the Commission&#; means the Liquor Licensing Commission established by Section 5;

&#;dealer&#;s licence&#; means a licence granted in accordance with Division III.3;

&#;dinner permit&#; means a permit granted in accordance with Section 78;

&#;Health Inspector&#; means a Health Inspector appointed under the Public Health Act ;

&#;Inspector&#; means a Licensing Inspector appointed under Section 18;

&#;the Inspector&#;, in relation to licensed premises or premises or proposed premises in respect of which a licence is, or is intended to be, applied for, means an Inspector appointed under Section 18 for the Licensing District in which the premises or proposed premises are situated;

&#;interim licence&#; means an interim licence granted under Section 41(9);

&#;licence&#; means a licence granted under this Act;

&#;licensed premises&#; means premises in respect of which a licence is in force;

&#;the Licensing Commissioner&#; means the Licensing Commissioner appointed under Section 5(2)(a);

&#;Licensing District&#; means a Licensing District declared under Section 4;

&#;limited hotel licence&#; means a limited hotel licence granted in accordance with Division III.2;

&#;liquor&#; means wine, spirits, ale, beer, porter, stout, cider, perry or any liquid containing alcohol ordinarily used, or fit for use, as a beverage;

&#;liquor storeroom&#; means a room or other place on licensed premises in which liquor is stored or kept, whether regularly, occasionally or for special purposes only;

&#;lodger&#;, in relation to any licensed premises, means&#;

(a) a regular resident in the licensed premises; or

(b) a person resident in the licensed premises at the time in question;

&#;meal&#;, in relation to any licensed premises, means a bona fide meal served in the dining room or other part of the premises specified in the licence for the purposes of this definition;

&#;occasional licence&#; means a licence granted in accordance with Division III;

&#;owner&#;, in relation to any licensed premises, means&#;

(a) the person for the time being entitled to receive&#;

(i) on his own account; or

(ii) in trust for some other person; or

(iii) as mortgagee or other encumbrancer in possession,

the rent of the premises; or

(b) the attorney of any such person;

&#;packet licence&#; means a licence granted in accordance with Division III.6;

&#;permit&#; means a supper permit, dinner permit, cabaret permit or special permit;

&#;prohibited hours&#;, in relation to a licence, a licensee or premises the subject of a licence, means hours other than&#;

(a) trading hours; and

(b) where liquor may be served under this Act outside trading hours in certain circumstances or to certain persons, in relation to those circumstances or persons the hours during which liquor may be served;

&#;proof spirit&#; means spirit of a strength equal to that of pure ethyl alcohol compounded with distilled water so that the resultant mixture, at a temperature of &#;C, has a specific gravity of as compared with distilled water at the same temperature;

&#;publican&#; means the holder of a publican&#;s licence;

&#;publican&#;s licence&#; means a publican&#;s licence granted in accordance with Division III.2;

&#;the regulations&#; means any regulations made under this Act;

&#;restaurant licence&#; means a licence granted in accordance with Division III.9;

&#;sell&#; includes exchange or barter;

&#;service counter&#; means a counter or part of a counter approved by the Commission for the service of liquor to the licensee or his agent, manager, or servant for the supply to persons seated, otherwise than at the counter, in a dining room, lounge, sitting room, beer garden or similar place on licensed premises, but only while the counter is being used exclusively for that purpose;

&#;sitting&#;, in relation to the Commission, means an Annual Sitting or Special Sitting of the Commission;

&#;special permit&#; means a permit granted in accordance with Section 79;

&#;Special Sitting&#;, in relation to the Commission, means a Special Sitting of the Commission provided for by Section 13(2);

&#;storekeeper&#;s licence&#; means a licence granted in accordance with Division III.4;

&#;supper permit&#; means a permit granted in accordance with Section 77;

&#;tavern-keeper&#; means the holder of a tavern licence;

&#;tavern licence&#; means a tavern licence granted in accordance with Division III.2;

&#;this Act&#; includes the regulations;

&#;trading hours&#;, in relation to a licence or a holder of or premises the subject of a licence, means the hours prescribed or permitted for the sale of liquor under that licence;

&#;vessel&#; includes all vessels used in navigation by water.

(2) For the purposes of this Act, the supply of liquor by or in a club to a member of club&#;

(a) for monetary consideration; and

(b) with the intention that the liquor should become the property of that member to the exclusion of other members,

shall be deemed to be a sale of the liquor.

APPLICATION.

^[1](1) The provisions of this Act relating to the sale, keeping or consumption of liquor do not apply to&#;

(a) the sale, keeping or consumption of a beverage usually considered non-intoxicating or containing less than 2% of proof spirit; or

(b) the sale or keeping of spirituous or distilled perfume in good faith as perfumery; or

(c) the sale, keeping or consumption of liquor simply as a medicine or for medicinal purposes by, or under the direction of, a medical practitioner; or

(d) the administration, dispensing, selling or keeping of liquor for medicinal purposes only by a pharmacist or other person authorized by law for the purpose, or the consumption for those purposes of any such liquor; or

(e) the supply of liquor without recompense or remuneration where the supplier bona fide and reasonably believes that there is an urgent cause or necessity and the liquor is given solely and purely for medicinal purposes; or

(f) with the approval of the Commission, the sale by auction by an auctioneer licensed under the Auctioneers Act , selling in good faith, in course of his business, of liquor on account of another person; or

(g) the sale, disposal or consumption of liquor on an aircraft in flight; or

(h) the sale of liquor taken in execution, forfeited, seized or sold under a law; or

(i) any sale, keeping or consumption of liquor that is lawful under any other Act; or

(j) the sale, disposal or consumption of liquor on or within the precincts of the Parliament.

(2) The burden of proof of a matter referred to in Subsection (1) is on the person alleging it.

(3) For the purposes of Subsection (1)(f), the auctioneer shall&#;

(a) give to the Commission not less than 48 hours written notice of his intention to sell the liquor, together with details of the liquor to be sold; and

(b) as soon as practicable after the sale, notify the Commission of&#;

(i) the details of the liquor sold; and

(ii) the persons to whom it was sold.

EXEMPTION OF CERTAIN CANTEENS, ETC.

(1) Subject to Subsection (4), this Act does not require the holding of a licence or permit for&#;

(a) the keeping; or

(b) the supply, by sale or otherwise, to a person&#;

(i) who is a member of the Defence Force or of the naval, military or air forces of a part of the Queen&#;s dominions; or

(ii) who is employed in a Defence Force installation; or

(iii) who is employed by or in the Department of Defence; or

(d) the permitting of the consumption,

of liquor at a canteen or club established, conducted, maintained or operated under the Defence Act , if the liquor is the property of the State or of such a person or any such persons.

(2) Subject to Subsection (4), this Act does not require the holding of a licence or permit for&#;

(a) the keeping; or

(b) the supply, by sale or otherwise, to a person who&#;

(i) is a member of the Police Force; or

(ii) is employed in a police station or an institution conducted and controlled by the Police Force; or

(d) the permitting of the consumption,

of liquor at a canteen or club approved by the Commissioner of Police that is established, conducted, maintained or operated by the Police Force or by a member or members of the Police Force, if the liquor is the property of the State or of the member or members.

(3) Subject to Subsection (4), this Act does not require the holding of a licence or permit for&#;

(a) the keeping; or

(b) the supply, by sale or otherwise, to a person (other than a detainee)&#;

(i) who is a correctional officer or assistant correctional officer within the meaning of the Correctional Service Act ; or

(ii) who is employed in a correctional institution conducted and controlled by the Correctional Services Branch; or

(d) the permitting of the consumption,

of liquor at a canteen or club approved by the Commissioner of Correctional Services that is established, conducted, maintained or operated by the Correctional Services Branch, or by a member or members of the Branch, if the liquor is the property of the State or of the member or members.

(4) Sections , and apply to and in respect of a canteen or club referred to in Subsection (1), (2) or (3) as though the person in charge of the canteen or club were a licensee.

PART II. &#; ADMINISTRATION.

LICENSING DISTRICTS.

The Minister may, by notice in the National Gazette, declare a part of the country to be a Licensing District for the purposes of this Act.

THE LIQUOR LICENSING COMMISSION.

^[2](1) A Liquor Licensing Commission is hereby established.

(2) The Liquor Licensing Commission shall consist of a Chief Licensing Commissioner.

CONDITIONS OF SERVICE OF THE CHIEF LICENSING COMMISSIONER.

^[3](1) Subject to the Salaries and Conditions Monitoring Committee Act , the terms and conditions of the Chief Licensing Commission are as determined by the Minister responsible for Public Service matters.

(2) Where the Chief Licensing Commissioner was, immediately before the date of his appointment under this Act, an officer of the Public Service, his service as the Chief Licensing Commissioner shall, for the purposes of determining his existing and accruing rights, be counted as service in the Public Service.

(3) In Subsection (2), &#;existing and accruing rights&#; means rights in respect of&#;

(a) leave of absence on the ground of illness; and

(b) furlough or pay in lieu (including pay to dependants or personal representatives on the death of the officer).

^[4][REPEALED.]
SITTINGS OF COMMISSION.

(1) Subject to this Act, sittings of the Commission shall be held in each Licensing District at such times and places as are appointed by the Chief Licensing Commissioner.

(2) Subject to this Act, the procedure to be followed at a meeting of the Commission is as determined by the Commission.

9 - 10^[5]. [REPEALED.]

APPEALS.

A person aggrieved by a decision, order, direction or requirement of the Commission under this Act may appeal to the National Court, the decision of which is final.

JURISDICTION OF COMMISSION.

(1) Subject to this Act, the Commission has jurisdiction to hear and determine all cases or matters arising in or concerning&#;

(a) the grant or refusal of licences, certificates, authorities or permits; and

(b) the grant or refusal of the renewal, transfer or removal of a licence; and

(d) as required or permitted by this Act, the fixing of hours for trading under, or the conditions of, a licence; and

(e) the disqualification of licensed persons or licensed premises; and

(f) applications for rehearing under Section

(2) Subject to this Act, the District Courts Act , with the necessary modifications applies, as far as practicable, to the proceedings of the Commission.

ANNUAL AND SPECIAL SITTINGS.

(1) Annual Sittings shall be held once in every 12 months by the Commission in each Licensing District.

(2) Special Sittings may be held by the Commission at any time.

(3) Subject to this Act, applications shall be made at the Annual Sitting for the renewal of all licences in force, and for the grant of new licences other than booth licences.

(4) With the consent of the Commission, applications for new licences may also be made at any Special Sitting.

ADJOURNMENT OF HEARING.

The Commission may, on such terms (if any) as to costs or otherwise as it determines, adjourn, from time to time, the hearing or further hearing of an application or other matter to a time and place to be appointed by it.

REHEARING.

(1) A person aggrieved by a decision, order, direction or requirement of the Commission under this Act may apply for a rehearing, and if it is shown that&#;

(a) new evidence is available that could not have been previously submitted; or

(b) the decision was erroneous in law; or

the Commission shall rehear the cause or matter.

(2) A person affected by a rehearing has a right to be heard in the proceedings.

(3) Notice of an application under this section shall be given to&#;

(a) the Commission; and

(b) any person to whom the Commission, in writing, directs notice to be given,

within 40 days after the determination objected to.

(4) The fee for setting down an application under this section is as prescribed.

RECORDS, ETC.

(1) The Commission shall&#;

(a) keep, or cause to be kept, registers of&#;

(i) all applications, licences, certificates, authorities and permits granted by it; and

(ii) all cancellations, suspensions and disqualifications under this Act; and

(b) keep, or cause to be kept, such records as are prescribed or as it thinks necessary; and

(c) issue, or cause to be issued, licences, renewals of licences, certificates, authorities and permits granted or authorized by it; and

(d) publish, or cause to be published, in the National Gazette lists of&#;

(i) all applications for the grant, renewal, removal or transfer of licences (other than booth licences and occasional licences) to be heard at any Annual or Special Sitting; and

(ii) the results of applications for the grant, renewal, removal or transfer of licences; and

(iii) such other matters as are prescribed or as it thinks desirable; and

(e) give, or cause to be given, such notices, and perform, or cause to be performed, such other duties and functions, as are necessary or desirable to be given or performed for the purposes of this Act.

(2) A licence, renewal of licence, certificate, authority or permit is of no effect until any fee payable has been paid to the Commission or to an officer nominated by it.

CHIEF LICENSING INSPECTOR.

(1) Subject to the Public Services(Management) Act , there shall be a Chief Licensing Inspector.

(2) The Chief Licensing Inspector has and may exercise all the powers of an Inspector in any part of the country.

LICENSING INSPECTORS.

(1) The Minister may, by notice in the National Gazette, appoint an officer to be a Licensing Inspector for a Licensing District specified in the notice.

(2) An Inspector has and may exercise within the Licensing District for which he has been appointed the powers and authorities conferred on him by this Act.

GENERAL DUTY OF CHIEF LICENSING INSPECTOR AND LICENSING INSPECTORS.

The Chief Licensing Inspector and the Inspectors shall&#;

(a) use all proper vigilance and take all lawful means to obtain compliance with this Act; and

(b) report to the Commission as required by this Act and as directed by the Commission.

DUTIES OF CHIEF LICENSING INSPECTOR.

In addition to his other duties and responsibilities under this Act, the Chief Licensing Inspector shall&#;

(a) inspect, or cause to be inspected on his behalf, all premises the subject of a publican&#;s licence, limited hotel licence, tavern licence, bottle-shop licence, club licence, restaurant licence or dealer&#;s licence, and all canteens, at least once in each year; and

(b) when directed by the Chief Licensing Commissioner, inspect any premises the subject of a licence, certificate, permit or application.

DUTIES OF INSPECTORS.

In addition to his other duties and responsibilities under this Act, an Inspector shall&#;

(a) regularly, and as directed by the Chief Licensing Inspector, inspect all licensed premises within the Licensing District for which he has been appointed; and

(b) in June and January in every year and at such other times as are directed by the Commission, furnish a report, in the prescribed form and giving the prescribed particulars required by the Commission, to the Commission and to the Chief Licensing Inspector&#;

(i) on the manner in which the licensed premises inspected under this section are conducted and managed; and

(ii) in particular in regard to the food supplied, and the furniture and accommodation provided, in premises the subject of a publican&#;s licence, limited hotel licence, tavern licence or canteen licence; and

(c) forward to the Commission and to the Chief Licensing Inspector particulars of all convictions under any law of a licensee or of an employer who has established a canteen.

ASSISTANT LICENSING INSPECTORS.

(1) The Minister may, by notice in the National Gazette, appoint officers to be Assistant Licensing Inspectors for parts of Licensing Districts.

(2) Subject to any directions given by the Chief Licensing Inspector, an Assistant Licensing Inspector has, and shall exercise and perform, all the powers, functions, duties and responsibilities of an Inspector under this Act in relation to the part of a Licensing District for which he is appointed.

(3) In relation to a part of a Licensing District for which an Assistant Licensing Inspector has been appointed, a reference in this Act to an Inspector shall be read as including a reference to the Assistant Licensing Inspector.

SECRETARY AND CLERKS TO THE COMMISSION.

(1) The Minister may, by notice in the National Gazette, appoint an officer to be the Secretary to the Commission.

(2) The Minister may, by notice in the National Gazette, appoint an officer in each Licensing District to be the clerk to the Commission for that District.

(3) The Secretary to the Commission and a clerk to the Commission has and shall perform such duties and functions as are prescribed or as are directed by the Commission.

ANNUAL REPORTS.

(1) The Chief Licensing Commissioner shall, as soon as practicable after 31 December in each year, furnish to the Minister a report, in respect of the 12 months immediately preceding that day, on the operation of the licensing system in the country generally, and in particular on&#;

(a) the administration of this Act; and

(b) any changes in administration that he thinks desirable; and

(d) the activities of the Police Force in relation to this Act; and

(e) any amendments to legislation that he thinks desirable to make the system of licensing more effective.

(2) As soon as practicable after receipt of a report under Subsection (1), the Minister shall cause the report to be presented to the Parliament.

PART III. &#; LICENCES AND PERMITS.

Division 1.

General.

CLASSES OF LICENCES AND PERMITS.

(1) The following classes of licences may be granted under this Act:&#;

(a) publican&#;s licences;

(b) tavern licences;

(d) dealer&#;s licences;

(e) storekeeper&#;s licences;

(f) booth licences;

(g) bottle-shop licences;

(h) packet licences;

(i) club licences;

(j) restaurant licences;

(k) occasional licences;

(l) canteen licences.

(2) The following classes of permits may be granted under this Act:&#;

(a) supper permits;

(b) dinner permits;

LICENSED, ETC., PREMISES.

A licence, certificate, authority or permit granted under this Act relates only to the premises or the part of any premises specified in it.

RESTRICTED AREAS.

The Minister may by notice in the National Gazette, limit or restrict&#;

(a) the number or class of licences that may be granted; or

(b) the sale or supply of liquor under a licence or class of licence,

in an area specified in the notice.

RESTRICTION ON HOLDING OF LICENCES.

The holder of a publican&#;s licence, limited hotel licence, tavern licence or restaurant licence, or a manager appointed under or for the purposes of this Act for premises the subject of a publican&#;s licence, limited hotel licence or tavern licence, shall not have a beneficial interest in any other licence within the same Licensing District unless the interest is disclosed to and approved by the Commission.

GRANT, ETC., OF LICENCES, ETC.

(1) Subject to this Act, the Commission may grant or refuse an application for the grant, renewal, transfer or removal of a licence or the grant of a certificate, authority or permit.

(2) The grant, renewal, transfer or removal of a licence, or the grant of a certificate, authority or permit, may, if the Commission thinks fit, be by endorsement on the application.

(3) Subject to this Act, a licence (other than a booth licence), certificate or authority&#;

(a) takes effect from the day of grant or such later date as is specified in the licence; and

(b) if not cancelled, suspended or become void&#;continues in force until the last day of the month after the month in which the Annual Sitting in the Licensing District in which the licensed premises are situated; and

(4) The grant of a licence, certificate or authority does not confer on the grantee, or a person claiming through or under the grantee, a right to a renewal.

(5) Compensation is not payable by the State to any person on account of the suspension, cancellation or non-renewal of a licence, certificate, authority or permit.

(6) If a licence, certificate or authority is lost or cannot for any reason be produced, the Commission may, on application and on payment of the prescribed fee, authorize the issue of a duplicate licence, certificate or authority.

(7) Where a licence is issued for a period of less than one year, such proportional amount only of the licence fee as is determined by the Commission is payable by the licensee.

PROVISIONAL GRANTS.

(1) Where, on an application for the grant, renewal, transfer or removal of a licence or the grant of a certificate, authority or permit&#;

(a) the prescribed notice (if any) has not been given; or

(b) the Commission is of opinion that the application should not be granted until certain conditions are complied with, but that subject to such compliance the application should be granted,

the Commission may grant the application subject&#;

(c) in a case referred to in Paragraph (a)&#;to the requisite notice being given and no objections to the grant being received within such time as the Commission determines; or

(d) in any case&#;to compliance with such conditions as are prescribed or the Commission thinks proper.

(2) In granting an application provisionally under this section, the Commission may&#;

(a) require the application to be again referred to it or to the Chief Licensing Commissioner or the Licensing Commissioner for confirmation; or

(b) order that the grant be confirmed on a certificate by an Inspector that the conditions of the grant have been complied with.

(3) The confirmation of a provisional grant or a certificate under Subsection (2) may be by endorsement on the application or on the licence, certificate, authority or permit, as the case may be.

APPLICATIONS FOR LICENCES, ETC.

(1) Except where by this Act&#;

(a) a notice is not required; or

(b) other provisions as to notice are prescribed,

at least eight weeks before the date on which an application under this Act is to be heard written notice of the proposed application shall be given to&#;

(d) the Inspector,

setting out the nature of the application and the premises to which it relates.

(2) Subject to Section 30, but notwithstanding any other provision of this Act, the Commission may in any case grant leave for an application to be made without notice.

(3) An application under this Act shall&#;

(a) be in the prescribed form; and

(b) specify&#;

(i) the nature of the application; and

(ii) the premises to which it relates; and

(iii) such other details as are prescribed; and

(iv) in the case of an application for the grant or renewal of a licence, details of any other licence in which the applicant has a beneficial interest; and

(4) Where notice of an application is required under this Act, the application shall be filed with the Commission as soon as practicable after the giving of the notice.

(5) As soon as practicable after the receipt of a notice under Subsection (1), the Commission shall&#;

(a) cause a copy of the notice&#;

(i) to be fixed to a notice board at the entrance to its office in the Licensing District in which the premises the subject of the application are situated; and

(ii) to be kept there until the hearing of the application; and

(b) publish the notice in&#;

(i) the National Gazette; and

(ii) a newspaper circulating in the Licensing District in which the premises the subject of the application are situated,

at least 14 days before the date on which the application is to be heard; and

(c) forward copies of the notice to the Local-level Government (if any) and the Local-level Government Special Purpose Authority (if any) for the area in which the premises are situated; and

(d) ensure that a copy of the notice is prominently displayed on or near the premises the subject of the application and in such a way as clearly to identify those premises; and

(e) take such other steps as it thinks desirable to bring the application to the notice of persons likely to be concerned.

(6) In the case of the renewal of a licence, unless the licencee has previously given notice to the Commission of his intention not to have the licence renewed he shall be deemed to have given notice under Subsection (1), and the Commission shall proceed accordingly.

PLANS OF LIQUOR STOREROOMS.

(1) An application for the grant of a licence (other than a booth licence, packet licence or occasional licence) shall be accompanied by a plan of every bar-room, liquor storeroom, bottle-shop or other place used or intended to be used for the keeping or storage of liquor for sale or other disposition under the licence.

(2) A plan referred to in Subsection (1) shall show&#;

(a) every bar and service counter in the premises; and

(b) every door or other opening into a bar-room, liquor storeroom, bottle-shop or other place specified in Subsection (1); and

and the applicant shall also give details of&#;

(d) the manner in which each such room, place, door, opening, cupboard or receptacle may be closed and fastened; and

(e) any other means of safe-keeping liquor.

ADDITIONAL EVIDENCE.

(1) An application for the grant of a licence (other than, subject to Subsection (3), a booth licence, packet licence or occasional licence) in respect of premises situated at a distance of more than 10 km (calculated by the shortest, reasonably practicable route) from a police station shall be accompanied by a statutory declaration by the applicant or his agent, manager or servant, giving particulars of&#;

(a) the residence of the applicant or the person who is to be in charge of the premises; and

(b) its distance from the premises; and

(i) the security and safe-keeping of the premises, and of the liquor stored in or at them; and

(ii) the orderly conduct of the premises and of the business conducted or to be conducted in or at them.

(2) An application for the grant of a licence (other than, subject to Subsection (3), a booth licence, packet licence or occasional licence) in respect of premises situated at a distance of more than 30 km (calculated by the shortest, reasonably practicable route) from any other licensed premises shall be accompanied by a statutory declaration by the applicant or his agent, manager or servant, setting out&#;

(a) the names of persons who support the grant of a licence of the type applied for in the area; and

(b) where the application is supported by a petition or similar document&#;that the persons who have signed the petition are known to the declarant as bona fide residents of the area.

(3) A declaration referred to in this section may be required by the Commission in connection with any application.

INQUIRIES, ETC., INTO APPLICATIONS.

(1) Subject to this section, the Inspector shall inquire as to&#;

(a) the character; and

(b) the fitness; and

of&#;

(d) every manager appointed under this Act; and

(e) every applicant for the grant or renewal of a licence; and

(f) in the case of an application for the transfer of a licence&#;the proposed transferee,

and shall report on the inquiry to the Commission at or before the hearing.

(2) Where a report under Subsection (1) is adverse to the manager, applicant or proposed transferee, the Inspector shall, before the hearing, furnish a copy of the report to&#;

(a) the applicant and the manager; or

(b) the applicant; or

as the case may be.

(3) Notwithstanding Subsection (1), it is not necessary for the Inspector to furnish a report under that subsection in the case of an application for a booth licence or occasional licence unless&#;

(a) the report is adverse; or

(b) the Commission otherwise directs.

(4) In addition to any other matter that it thinks relevant in considering an application under this Act, the Commission shall take into account&#;

(a) any report made by the Inspector; and

(b) the demand or need for the licence, certificate, authority or permit applied for; and

(d) the fitness of the applicant and his manager (if any) from the point of view of character and ability to control and manage the proposed licensed premises under the type of licence applied for; and

(e) the facilities for effective supervision in the area; and

(f) in the case of an application for a licence, especially in an area in which no licence has previously been granted, the wishes of the people in the area, ascertained in accordance with Section 35; and

(g) the effect or likely effect of the grant of the licence on the business of any other licensee.

(5) The Commission shall not grant an application for a publican&#;s licence, limited hotel licence, tavern licence, storekeeper&#;s licence or club licence unless it has first given to any Local-level Government in whose area the premises the subject of the application are located a reasonable opportunity of presenting to it a report expressing the wishes of the people in the Local-level Government area.

LOCAL ADVISORY COMMITTEES.

(1) For the purposes of this section, &#;area&#; means the area within a radius of km of the place in respect of which an application has been made.

(2) When the Commission is required under Section 34(4)(f) to consider the wishes of the people in the area to which an application relates, it shall refer the matter to the Local Advisory Committee for that area.

(3) The Local Advisory Committee for an area shall consist of&#;

(a) member of the Local-level Government for the area appointed by that Local-level Government or if no Local-level Government exists&#;a person appointed by the District Officer for the area; and

(b) a person resident within the area appointed&#;

(i) by the Local-level Government for the area; or

(ii) if no Local-level Government exists&#;by the District Officer for the area; and

(c) the member of the Parliament for the open electorate in which the area is situated, or if that member is unable or unwilling to act as a member of the Committee&#;

(i) the member of the Parliament for the provincial electorate in which the area is situated; or

(ii) if the member for the provincial electorate is unable or unwilling to act as a member of the Committee, a person appointed by the Provincial Administrator of the Province in which the area is situated.

(4) A member of the Parliament shall not act as a member of the Local Advisory Committee in accordance with Subsection (3)(c) if he has a pecuniary interest in the application referred to the Committee.

RENEWALS.

(1) The Commission may refuse to renew a licence&#;

(a) because of breaches under the licence of the provisions of this Act; or

(b) for any other cause thought by it to be sufficient and satisfactory.

(2) At the request of a licensee, the Commission may, instead of renewing his licence, grant to him a licence of a different class.

(3) For the purposes of Sections 31, 32 and 40, a request under Subsection (2) shall be deemed to be an application for a new licence.

(4) It is not necessary for the applicant for the renewal of a licence to attend the sitting personally unless&#;

(a) he has received notice from the Inspector that the application is objected to; or

(b) the Commission so directs; or

TRANSFERS.

(1) Subject to this Act, the Commission may transfer a publican&#;s licence, limited hotel licence, tavern licence, dealer&#;s licence, storekeeper&#;s licence or restaurant licence from the holder to a person approved by the Commission, on the application jointly of the proposed transferee and&#;

(a) if the licensee is in occupation of the licensed premises or joins in the application&#;the licensee; or

(b) if the licensee no longer occupies or is entitled to occupy the premises and refuses to join in the application&#;the owner or the person legally in occupation or entitled to occupation of the licensed premises; or

(d) the Public Curator or the committee of a licensee who is a person of unsound mind as that expression is used in the Public Health Act ; or

(e) the official trustee or the trustee in insolvency of an insolvent licensee,

as the case may be.

(2) The Commission may transfer a bottle-shop licence only&#;

(a) if the holder of the licence has had his other licence transferred under Subsection (1); and

(b) to the same person to whom the other licence was transferred.

(3) The fee for a transfer under this section is as prescribed.

(4) The licence shall be transferred&#;

(a) by endorsement on the licence; or

(b) if the licence cannot be produced&#;by endorsement on a duplicate licence issued under this Act,

and the person named in the endorsement becomes for all purposes the licensee.

(5) Unless a licence has been held by the licensee for at least nine months, it shall not be transferred except for some special reason.

DEATH, ETC., OF LICENSEE.

(1) On the death, insolvency or unsoundness of mind of a licensee (other than the holder of a club licence)&#;

(a) his executor, administrator or other legal personal representative; or

(b) his widow or her widower or his or her next of kin (in the case of a deceased licensee); or

(d) the official trustee or the trustee in insolvency (in the case of an insolvent licensee),

may apply at any time to the Commission for authority to carry on the business of the licensee, by himself or by a manager approved by the Commission, until&#;

(e) the cancellation of the licence; or

(f) a date to be fixed by the Commission; or

(g) the transfer of the licence,

whichever first occurs.

(2) If the Commission grants an application under Subsection (1), the person authorized to carry on the business of the licensee shall, for the purposes of this Act, be deemed to be the licensee during the period for which the authority is in force.

(3) The fee for an authority under this section is as prescribed.

REMOVAL OF LICENCE.

(1) Where&#;

(a) the holder of a licence (other than a booth, packet, club or canteen licence) is not bound by contract to maintain the licence on the premises licensed; or

(b) the owner of the licensed premises (other than premises the subject of a booth, packet, club or canteen licence) consents in writing to the application,

and the licensee has the right of occupation of new premises, the Commission may, on the application of the licensee&#;

(d) amend the licence by substituting the new premises for those in the licence,

and the substituted premises become the licensed premises.

(2) Where in respect of an application under Subsection (1), new buildings or alterations or additions to existing buildings are required to provide the accommodation necessary for the requirements of the public&#;

(a) the licensee may apply for a certificate authorizing the substitution of the new premises when completed; and

(b) the Commission may grant the certificate on such terms and conditions as it thinks proper and specifies in the certificate.

(3) A licence shall not be amended under a certificate under Subsection (2) except on&#;

(a) application by the licensee within the time limited in the certificate; and

(b) a report from the Inspector that the specified conditions have been complied with.

(4) A certificate under Subsection (2) may be cancelled by virtue of Section

(5) The fee for a certificate under Subsection (2) is as prescribed.

OBJECTIONS.

(1) Subject to Subsection (3), written notice of an objection to the grant, renewal, transfer or removal of a licence (other than a booth licence) specifying the grounds of the objection, shall be given to the Commission and to the applicant or his lawyer at least five clear days before the day on which the application is to be heard.

(2) Where the Commission thinks that there may be grounds of objection of which notice has not been given or may not have been given under Subsection (1), the Commission&#;

(a) shall give written notice to the Inspector and the applicant or his lawyer, specifying the grounds of objection; and

(b) shall not proceed to consider the objection until the applicant has been given a reasonable opportunity to answer it.

(3) Notwithstanding Subsection (1), the Commission may hear an objection made at the hearing of an application even if notice of it has not been given, but the applicant is then entitled to an adjournment of the hearing for such period as the Commission thinks proper.

(4) Without limiting the matters that the Commission may take into consideration or the grounds on which an objection may be made, an objection may be made on any of the following grounds:&#;

(a) that this Act has not been complied with in relation to the application;

(b) that the applicant, or in the case of an application for the transfer of a licence the proposed transferee, is unfit to hold a licence of the type concerned;

(c) that the conditions provided under this Act in respect of the licence, or any of them, have not been complied with&#;

(i) by the licensee personally; or

(ii) with regard to the premises in respect of the licence concerned;

(d) that in the case of an application for the renewal of a licence, the management of the licensed premises has not been satisfactory in respect of the matters specified in the objection;

(e) that the demand or need for a licence of the type concerned does not warrant its grant or renewal in, or its removal to, the area concerned;

(f) that the licence should not be granted, renewed or removed having regard to&#;

(i) the facilities for effective supervision in the area; or

(ii) the wishes of the people in the area;

(g) that the licence should not be granted, renewed or removed, having regard to&#;

(i) the proximity of the premises or proposed premises to a place of public worship, a hospital or a school; or

(ii) the purposes for which any land in the vicinity is used or is intended to be used;

(h) that, in the case of an application for a tavern licence, the proximity of the premises or proposed premises to premises the subject of a publican&#;s licence would adversely affect the business of the publican;

(i) that the premises or proposed premises do not or will not comply with this Act or any other law.

(5) Objections shall be heard and determined by the Commission.

(6) Subject to Subsection (7), where an objection is held to be frivolous the Commission may award costs, not exceeding K against the objector, and that sum may be recovered in the same manner as a sum of money ordered to be paid by an order of a District Court.

(7) Costs shall not be awarded where an objection is made by an Inspector or a Health Inspector.

CONDITIONAL CERTIFICATES AND INTERIM LICENCES FOR NEW PREMISES.

(1) In this section, &#;licence to which this section applies&#; means&#;

(a) a publican&#;s licence; or

(b) a tavern licence; or

(d) a club licence; or

(e) a bottle-shop licence.

(2) A person who desires to obtain a licence to which this section applies for premises&#;

(a) proposed to be erected; or

(b) not at the time completed or fit for occupation; or

may&#;

(d) give the prescribed notice; and

(e) lodge the prescribed plan; and

(f) make application for a certificate authorizing the issue of the licence on the completion or alteration of the premises,

within a period to be specified in the certificate.

(3) Subject to the provisions of this Act in respect of an application for a licence to which this section applies, the Commission may grant an application under Subsection (2) on such terms and conditions as it thinks proper and specifies in the certificate.

(4) A licence shall not be issued under a certificate under Subsection (3) until the Commission certifies in writing that the conditions specified in the certificate have been complied with.

(5) The Commission may, on application, extend the time for the completion of work specified in a certificate under Subsection (3) for a further period not exceeding four months.

(6) On the completion of the work, the applicant shall notify the Inspector.

(7) The Inspector shall report to the Commission on the progress and completion or non-completion of work specified in a certificate under Subsection (3) within the time limited by the certificate.

(8) If the conditions specified in a certificate under Subsection (3) are not complied with within&#;

(a) the time limited by the certificate; or

(b) any extended period allowed by the Commission,

the certificate has no further effect.

(9) Where&#;

(a) a person has been granted a certificate under Subsection (3) in respect of a licence to which this section applies (other than a limited hotel licence); and

(b) the premises the subject of the certificate have been completed to a stage where, in the opinion of the Commission, sufficient facilities exist for the selling, supplying and disposing of liquor under reasonable conditions,

he may apply to the Commission for a grant of an interim licence in respect of the premises.

(10) Subject to Subsection (11), an interim licence authorizes the licensee to sell, supply and dispose of liquor on the licensed premises in accordance with such conditions and restrictions as are imposed by the Commission and specified in the licence.

(11) An interim licence does not confer on the licensee any greater rights in connection with the sale, supply and disposal of liquor than the licensee would have if he were the holder of the relevant class of licence to which this section applies in respect of the premises to which the interim licence relates.

(12) An interim licence ceases to have any force or effect&#;

(a) if a certificate under Subsection (3) ceases to have any further effect under Subsection (8) in respect of the premises to which the interim licence related; or

(b) if a publican&#;s licence, tavern licence, club licence or bottle-shop licence is issued in respect of those premises; or

(13) Subject to any conditions and restrictions imposed by the Commission, Division III applies to and in relation to an interim licence as if that interim licence were a publican&#;s licence or a tavern licence, club licence or bottle-shop licence, as the case may be.

(14) The holder of an interim licence who&#;

(a) refuses or fails to comply with a condition or restriction imposed under the licence; or

(b) sells, supplies or disposes of liquor from the premises the subject of the licence otherwise than in accordance with the licence,

is guilty of an offence.

Penalty: A fine not exceeding K

(15) Where the holder of an interim licence is convicted of an offence against Subsection (14), the Commission may cancel the licence.

(16) The fee for a certificate under Subsection (3) or for an interim licence is as prescribed.

REBUILDING OF LICENSED PREMISES.

(1) For the purposes of this section, &#;accommodation&#; includes, in appropriate cases&#;

(a) the provision of sitting rooms, dining rooms and bedrooms; and

(b) the provision of facilities for the consumption of liquor at tables in lounges, gardens, under awnings or in the open air; and

(c) the provision of additional furniture, fittings or equipment or the renovation or replacement of furniture, fittings or equipment; and

(d) the provision of bath facilities, laundry or similar facilities and hot water services; and

(e) the erection of garages for the accommodation of motor vehicles; and

(f) the installation of a water storage system in cases where a water supply service is not available; and

(g) the provision of additional closets, privies and other sanitary necessities; and

(h) the provision, repair or restoration of fences or verandahs.

(2) If licensed premises&#;

(a) become unfit for the purpose of the licence; or

(b) no longer have the accommodation required by the public,

the owner, or the licensee with the consent of the owner, may apply to the Commission for permission to rebuild, alter or add to the premises or otherwise bring them into conformity with the requirements of the locality, and shall submit with the application plans showing the nature and extent of the alterations proposed.

(3) The Inspector may, by written notice, direct the owner or licensee to make an application under Subsection (2), and if the application is not made within 40 days after the service of the notice the Commission may, on application by the Inspector or a Health Inspector, suspend or refuse to renew the licence.

(4) Subject to this Act and to any law with respect to the erection of or alterations or additions to buildings, the Commission may&#;

(a) grant an application under Subsection (2), subject to such conditions as to the time for completion and otherwise as it thinks fit; and

(b) on application extend the time for completion.

(5) On proof that additional accommodation is required for the convenience of the public at, on or in any licensed premises, the Commission may at any sittings, after not less than 14 days&#; notice to the owner and occupier, order the owner of the licensed premises to provide the accommodation within a reasonable time specified in the order.

(6) Pending the completion of the work the subject of an application under Subsection (2) or of an order under Subsection (5), the Commission may grant authority for the business to be&#;

(a) suspended wholly or in part; or

(b) carried on&#;

(i) in neighbouring premises; or

(ii) without the accommodation required under the licence,

and in that case the licence may be renewed or otherwise dealt with under this Act notwithstanding the temporary non-compliance with its conditions.

(7) An authority under Subsection (6) may be cancelled by virtue of Section

(8) When use is made of neighbouring premises under an authority under Subsection (6), those premises shall be deemed to be included under the licence during that use.

PROVISION OF LICENSED PREMISES IN AREAS INSUFFICIENTLY SUPPLIED.

(1) In addition to any other powers conferred by this Act, where the Commission is satisfied that the provision (if any) of licensed premises in an area is insufficient to meet the reasonable requirements of the public, then, subject to Subsection (2) the Commission, of its own motion or on application made in the prescribed manner by the Chief Licensing Inspector or by any other person, may, by notice in&#;

(a) the National Gazette; and

(b) a newspaper circulating in the area,

and in such other manner as it thinks proper, call for applications for a licence of the class that it thinks to be required.

(2) Before calling for applications in accordance with Subsection (1), the Commission shall give notice of its intention to do so, and Sections 31 and 40, with the necessary modifications, apply to and in relation to such a notice as if it were a notice under Section 31(1).

(3) If any objections are received, the Commission shall consider the objections and may&#;

(a) uphold an objection and refrain from calling for applications; or

(b) dismiss the objections and&#;

(i) where&#;

(A) a licensee in the area is willing and able to supply the requirements of the public; and

(B) there appears to be no good reason why, in the public interest, he should not do so,

require or permit him to apply for an additional licence or for a licence of another type in exchange for the licence that he holds; or

(ii) in any other case call for applications in accordance with Subsection (1).

REASONS FOR DECISIONS OF THE COMMISSION.

If requested by an interested person, the Commission shall give a written statement of its reasons for any decision, order, direction or requirement made or given by it under this Act.

DISCRETION OF COMMISSION.

This Act does not limit the discretion of the Commission&#;

(a) to refuse the grant or renewal of a licence for a cause thought by the Commission to be sufficient and satisfactory; or

(b) to cancel or suspend under Section 86, whether conditionally or otherwise, a licence.

EFFECT OF LICENCE IN RELATION TO OTHER LAWS.

(1) Subject to this section, this Act does not exempt any person or premises from the provisions of&#;

(a) the Building Act ; or

(b) the Physical Planning Act ; or

(d) any other law.

(2) A licensee under this Act shall be deemed to be the holder of a licence&#;

(a) under the Trading Act ; and

(b) the Licences Act (T.N.G.) ,

in relation to trading in liquor or other things customarily or reasonably sold or supplied by such a licensee.

(3) The holder of a publican&#;s licence, limited hotel licence, tavern licence, club licence, restaurant licence or canteen licence shall be deemed to hold a licence under the Food Sanitation Act for the premises in respect of which the first-mentioned licence is in force, and is exempt from the payment of a licence fee under that Act in respect of those premises.

(4) Notwithstanding anything in this Act or in any other Act referred to in this section, where a licensee who is deemed, by virtue of this section to hold a licence under any of those Acts&#;

(a) would, if he actually held such a licence, have or be liable to have his licence forfeited or cancelled, the Commission may make such order under Section 82 or 86 as it thinks appropriate; or

(b) in the case of a licensee who is so deemed to hold a licence under the Food Sanitation Act , is convicted of an offence against that Act, the offence or contravention shall, for the purposes of Sections 82 and 86, be deemed to be an offence against this Act.

Division 2.

Publican&#;s Licenses, Limited Hotel Licences and Tavern Licences.

Subdivision A. &#; Effect of Licences, Trading Hours, etc.

PUBLICAN&#;S LICENCES.

(1) Subject to this Act, a publican&#;s licence authorizes the licensee to sell, supply and dispose of liquor on the licensed premises&#;

(a) during trading hours; and

(b) between the hours of 12 noon and p.m., and 6 p.m. and 10 p.m., of any day, as part of a meal; and

for consumption on the premises.

(2) Trading hours for premises the subject of a publican&#;s licence are&#;

(a) from 11 a.m. to 2 p.m. and from 4 p.m. to 8 p.m. of any day, other than Saturday, Sunday, Good Friday, Christmas Day or any prescribed day or part of a day; and

(b) from 10 a.m. to 2 p.m. and from 4 p.m. to 8 p.m. on Saturday; and

(d) from 12 noon to 8 p.m. on Christmas Day, when it is not a Sunday.

(3) The annual fee for a publican&#;s licence is as prescribed.

TAVERN LICENCES.

(1) Subject to this Act, a tavern licence authorizes the licensee to sell, supply and dispose of liquor on the licensed premises during such hours within the hours set out in Section 47(2) as are specified in the licence.

(2) The annual fee for a tavern licence is as prescribed.

LIMITED HOTEL LICENCES.

(1) Subject to this Act, a limited hotel licence authorizes the licensee to sell, supply and dispose of liquor on the licensed premises at any time to lodgers for consumption on those premises by the lodgers or guests of the lodgers.

(2) The annual fee for a limited hotel licence is as prescribed.

EXTENDED AND VARIED TRADING HOURS.

(1) In relation to a publican&#;s licence or a tavern licence, the Commission may approve&#;

(a) an extension of trading hours until not later than 12 midnight on not more than one day in any week; and

(b) a variation of trading hours on not more than two other days in every week,

in a case where it is of opinion that a special need exists.

(2) A variation of trading hours approved under Subsection (1)(b) shall not authorize trading&#;

(a) before 10 a.m.; or

(b) after 11 p.m.; or

(3) Any extended trading hours or variation of trading hours approved under Subsection (1) shall be specified in the licence.

(4) In approving extended trading hours or a variation of trading hours under Subsection (1), the Commission may direct that during the extended or varied trading hours outside the hours set out in Section 47 or 48, as the case may be, service&#;

(a) be limited to such part of the licensed premises as it thinks proper; or

(b) be by way of steward service only; or

Subdivision B. &#; Grant, Renewal, Conditions, etc.

LIMITATIONS ON GRANT OR RENEWAL OF PUBLICAN&#;S LICENCES AND LIMITED HOTEL LICENCES.