Liqour Licensing Act, 2011 PDF
Liqour Licensing Act, 2011 PDF
20 of 2011 235
Section
1. Short title
2. Interpretation
3. Non-application of Act
PART II
LICENSING
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 15,000 each.
236 No. 20 of 2011] Liquor Licensing
PART III
APPEALS
PART V
CONTROLS AND INSPECTIONS
44. Inspection of premises
PART VI
GENERAL PROVISIONS
45. Offences by licensee or employee
46. Offences in general
47. Proof of licences, etc.
48. Evidence of sale, etc.
49. Search warrant
50. Offences and forfeitures
51. Notice of conviction of licensee to be given to owner
52. Temporary licence pending appeal
53. Regulations
54. Repeal of Cap. 167
Liquor Licensing [No. 20 of 2011 239
GOVERNMENT OF ZAMBIA
ACT
No. 20 of 2011
PART I
PRELIMINARY
1. This Act may be cited as the Liquor Licensing Act, 2011. Short title
2. In this Act, unless the context otherwise requires— Interpretation
“authorised officer” means a principal officer, a health
inspector or a police officer;
“bar”, in relation to any licensed premises, means any open
drinking bar or any part of such premises exclusively or
mainly used for the sale and consumption of intoxicating
liquor;
“beer” means any drink which is brewed from grain or
vegetable matter;
“ child ” means a person under the age of eighteen years;
“ de-natured spirit ” means an intoxicating liquor which, by
the addition of some substance, is rendered unfit for use
as a beverage;
“health facility” has the meaning assigned to it in the Health
Professionals Act, 2009; Act No. 24
“ health inspector ” means an officer appointed as such by a of 2009
local authority or the Ministry responsible for health for
purposes of enforcing the provisions of this Act;
“ hotel ” has the meaning assigned to it in the Tourism and Act No. 23
Hospitality Act, 2007; of 2007
“ intoxicating liquor ” includes any spirits, wine, ale, beer,
porter, cider, perry or other potable liquor containing more
than three percent of proof spirits;
240 No. 20 of 2011] Liquor Licensing
PART II
LICENSING
Application 4. (1) An application for a licence shall be made in the
for licence
prescribed manner and form to the appropriate licensing committee.
(2) A licensing committee shall not consider an application
for the grant of a licence unless —
(a) the applicant has given at least fourteen days’ notice of
the applicant’s intention to make the application in
accordance with subsection (3); and
(b) the applicant has, not less than fourteen days before the
application is made, lodged with the licensing committee
a plan of the premises in respect of which the application
is made, together with a certificate from the planning
authority that the said plans have received its approval.
(3) The notice referred to in paragraph (a) of subsection (2)
shall be made in the prescribed form and shall be published by the
local authority concerned at its offices, and put in not less than ten
conspicuous public places in its area and on its website, and the
period of fourteen days mentioned in paragraph (a) of subsection
(2) shall be calculated from the date of the last publication of the
notice.
(4) A licensing committee shall, in considering an application
for the grant of a licence —
(a) take into account—
(i) the social and welfare consequences which the
business or undertaking to be conducted in terms of
the licence will have for the residents of the area of
the local authority concerned;
(ii) whether the business or undertaking to be conducted
in terms of the licence is likely to create a public
nuisance or annoyance in the vicinity of the business;
(iii) the need to avoid the establishment of licensed
premises within three hundred metres of an
educational institution, health facility or a church;
(iv) the suitability of the premises upon which the licensed
business or undertaking is to be conducted relating to
the safety, health and town planning requirements in
respect of accommodation and sanitary facilities;
(v) the possibility of a monopolistic condition in the liquor
Liquor Licensing [No. 20 of 2011 243
(b) that the grant of the licence shall conflict with any approved
or proposed town plan or zoning area;
(c) that the grant of the licence is calculated to cause nuisance
or annoyance to persons residing in the neighbourhood
of the premises concerned;
(d) that the applicant is not a fit and proper person to hold a
licence;
(e) that, upon evidence given by the police, the licensing
committee is satisfied that the grant of the licence would
be detrimental to public order;
(f) where the application is for a new licence, that the applicant
has not satisfied the licensing committee that, having
regard to all the circumstances of the case, including
the number of existing licences in the area concerned,
there is a public need for such licence;
(g) in the case of a licence to be used at hotel premises, that
the hotel is not licensed under the provisions of the
Tourism and Hospitality Act, 2007; Act No. 23
of 2007
(h) in the case of a licence to be used for a restaurant—
(i) that, upon evidence given by the police, the
licensing committee is satisfied that the grant
of the licence would be detrimental to public
order; or
(ii) that the applicant does not keep, upon the premises
in respect of which the application is made, a
bona fide restaurant at which meals will be
regularly provided for guests, and that such
premises do not provide reasonable facilities for
persons taking meals in the restaurant; and
(i) in the case of a licence to be used for retail purposes—
(i) that the applicant has not satisfied the licensing
committee that, having regard to the
circumstances of the case, including the number
of existing licences, there is a public need for
the licence; or
(ii) that the applicant carries on in the premises, or in
premises directly communicating therewith, any
other business for which a licence is not in force:
246 No. 20 of 2011] Liquor Licensing
Provided that—
(A) the provisions of sub-paragraph (ii)
shall not apply where the only goods
sold in the course of such other
business are tobacco, tobacco
products, smokers’ and cocktail
requisites, mineral waters, cordials
and similar non-alcoholic beverages;
and
(B) the provisions of this paragraph shall
not apply where it is proved to the
satisfaction of the licensing
committee that, having regard to the
area in which the premises are
situate and to the amount of stock
carried, such other business includes
in its business a substantial grocery
business.
9. A licensee shall display a copy of the licence in a prominent Display of
licence
place at the business premises.
10. A holder of a licence may, at any time during the validity of Variation of
licence
the licence, apply to the licensing committee concerned for the
variation of the terms and conditions of the licence.
11. Where a holder of a licence decides not to continue operating Surrender of
the business in relation to which the licence relates, the holder shall licence
surrender the licence to the licensing committee concerned.
12. (1) For the purposes of this Act, the transfer of a licence Transfer of
means the substitution, upon payment of the appropriate fee, of licence
some other person as licensee of the premises in place of the person
who holds or has held a licence for such premises.
(2) A person applying for the transfer of a licence shall, not less
than fourteen days before the application is made, give notice, in
writing, of the intention to make the application to—
(a) the licensee, where such application is not made by the
licensee; and
(b) the officer-in-charge of police in the area in which the
licensed premises are situated.
(3) The transfer of a licence shall not be granted except in the
following cases and to the following persons:
Liquor Licensing [No. 20 of 2011 247
PART III
APPEALS
Establish- 23. (1) The Minister shall appoint an Appeal Tribunal consisting
ment of of—
Tribunal
(a) a chairperson, who shall be a legal practitioner of not less
than ten years legal experience; and
(b) two other members;
for the purpose of hearing appeals under the provisions of this Act.
(2) The Minister shall appoint a person to be secretary of the
Tribunal.
Appeal to 24. (1) A person who is aggrieved with the decision of a
Tribunal licensing committee may appeal to the Tribunal in the prescribed
manner.
(2) Notice of an appeal under the provisions of this section shall
be given to the Tribunal within thirty days of the decision appealed
against:
Provided that the chairperson of the Tribunal may
extend the time for giving notice of appeal.
(3) Upon the entry of an appeal under this section, the appellant
shall pay the appropriate fee, and a notice of appeal shall not be
deemed to have been given to the Tribunal until such fee is received
by the secretary to the Tribunal.
(4) In an appeal under this section, the parties thereto shall be
the appellant, any person who has validly taken objection to the
original application and who wishes to appear on the appeal and
the licensing committee concerned, and no other person shall be
entitled to be heard on the appeal.
(5) An appellant in an appeal under this section shall serve on
all persons who, by virtue of subsection (4), may be respondents to
the appeal, copies of the notice and grounds of the appeal.
(6) A party to an appeal before the Tribunal may appear in
person or by counsel, and a licensing committee may appear by
counsel or by a member of the licensing committee nominated for
such purpose by the chairperson of the licensing committee.
(7) Where a licensing committee is a party to an appeal before
the Tribunal, the licensing committee may, in lieu of appearing before
the Tribunal, send to the secretary thereof and to the appellant a
statement of the reasons why the licensing committee considers
that the appeal should not be allowed, and the statement, if it purports
to be signed by the chairperson or secretary of the licensing
committee shall be received in evidence by the Tribunal.
252 No. 20 of 2011] Liquor Licensing
Appeal to 25. (1) A person aggrieved with the decision of the Tribunal
High Court may appeal to the High Court on a question of law but not on a
question of fact, and notice of the appeal shall be given to the High
Court within thirty days of the decision of the Tribunal.
(2) On the hearing of an appeal under the provisions of this
section, the High Court may —
(a) allow the appeal and direct the licensing committee
concerned accordingly;
(b) dismiss the appeal; or
(c) refer the matter back to the Tribunal or the licensing
committee for re-hearing in accordance with the
directions of the High Court.
Rules of 26. (1) The Chief Justice may, by statutory instrument, make
Tribunal rules relating to—
(a) the manner and form for lodging of appeals under this
Part;
(b) the mode of summoning persons before the Tribunal;
(c) the form and manner of service of a summons requiring
the attendance of a witness before the Tribunal and the
production of any book, record, document or thing;
(d) the procedure to be followed and rules of evidence to be
observed in proceedings before the Tribunal; and
(e) the appointment and functions of the assessors and experts
to the Tribunal.
(2) Rules made under this section may, in particular, provide —
(a) that before any matters are referred to the Tribunal they
shall, in such manner as may be provided by the rules,
have been brought before and investigated by the
licensing committee concerned;
(b) for securing notices for the proceedings and specifying
the time and manner of the proceedings; and
(c) for securing that any party to the proceedings shall, if
that person requires, be entitled to be heard by the
Tribunal.
254 No. 20 of 2011] Liquor Licensing
PART IV
REGULATION OF SALE OF INTOXICATING LIQOUR
Selling liquor 27. (1) Subject to the provisions of this Act, a person who—
without
licence (a) sells or offers for sale any intoxicating liquor without a
licence; or
(b) being a licensee, sells any intoxicating liquor except in the
licensed premises concerned;
commits an offence and is liable—
(a) upon a first conviction, to a fine not exceeding one hundred
thousand penalty units or to imprisonment for a period
not exceeding one year, or to both;
(b) upon a second conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for
a period not exceeding two years, or to both; and
(c) upon a third or subsequent conviction, to a fine not
exceeding three hundred thousand penalty units or to
imprisonment for a period not exceeding three years, or
to both.
(2) A licensee shall, on the second or subsequent conviction
under the provisions of this section, forfeit the licence.
(3) The court by which a person is convicted of an offence
under this section committed after a previous conviction of such
an offence may order that person to be disqualified from holding a
licence—
(a) upon a second conviction, for a period not exceeding five
years; and
(b) upon a third or subsequent conviction, for any term of
years or for life.
(4) The court by which a licensee is convicted of an offence
under the provisions of this section may declare all intoxicating
liquor found in that licensee’s possession, and the vessels containing
it, to be forfeited.
Brand 28. A licensee shall not sell —
reliability
and alcohol (a) as a particular kind or brand of liquor or as liquor produced
content by a particular person, any liquor which is not of such
kind or brand or which is not produced by such person;
or
(b) any liquor in a sealed container unless the container has a
label attached to it stating the alcohol content of the
liquor expressed in a percentage by volume.
Liquor Licensing [No. 20 of 2011 255
29. (1) Subject to the provisions of this Act, a person shall not— Prohibition
of sale,
(a) except during the permitted hours, by oneself or by that consumption,
person’s employee or agent, sell or supply to any person etc. of liquor
in any licensed premises any intoxicating liquor to be except
during
consumed either on or off the licensed premises; or permitted
hours
(b) except during the permitted hours, consume in, or take
from, or permit any person to consume in or take from,
the premises any intoxicating liquor.
(2) Nothing in subsection (1) prohibits or restricts—
(a) the sale or supply to, or consumption by, any person of
intoxicating liquor in any premises where the person is
residing, or the supply of intoxicating liquor for
consumption on the premises of a licensed hotel to any
person lodging therein and bona fide entertained by the
person at that person’s own expense, or the consumption
of intoxicating liquor by persons so supplied; or
(b) the supply of intoxicating liquor for consumption on licensed
premises to any friends of the licensee bona fide
entertained by the licensee at the licensee’s own
expense, or the consumption of intoxicating liquor by
persons so supplied.
(3) A person who contravenes subsection (1), commits an
offence and is liable, upon conviction, to a fine not exceeding one
hundred thousand penalty units.
30. (1) A licensee shall not, without reasonable excuse, have Liquor of
in the licensee’s possession on the licensed premises any liquor of kind not
a kind not authorised by the licence. authorised
by licence
(2) A licensee who contravenes subsection (1) commits an not to be
kept on
offence and is liable — premises
(a) upon a first conviction, to a fine not exceeding two hundred
thousand penalty units ; and
(b) upon a subsequent conviction, to a fine not exceeding
three hundred thousand penalty units, and in either case,
shall forfeit the spirits and the vessels containing it.
31. (1) A person shall not supply any liquor to any person in Supply of
the person’s employ in lieu of, as part of, or as supplementing, the liquor to
employee’s wages or remuneration. employees
Consumption 32. (1) A person shall not consume liquor in a public place
of liquor in other than licenced premises.
public place
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding fifty
thousand penalty units or to imprisonment for a period not exceeding
six months, or to both.
Prohibited 33. (1) A person shall not, without a licence, manufacture or
concoctions, have any traditional beer in that person’s possession or custody.
brews and
drinks (2) A person shall not manufacture, have in that person’s
possession or custody, sell or supply to any person or consume any
other drink, brew or concoction manufactured by means of the
process of fermentation of any substance, the consumption of which
drink, brew or concoction would be harmful or injurious to the health
or well-being of any person.
(3) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units.
Prohibited 34. (1) A person shall not manufacture or produce any alcoholic
production drink, brew or concoction by means of the process of the
fermentation of sugar, treacle, malt or other substances, or by the
distillation of a fermented or distillate produce, which drink, brew
or concoction contains more than three percent of alcohol by
volume, for the purpose of selling or supplying the drink, brew or
concoction to any other person contrary to the standards prescribed
Cap. 416 under the Standards Act.
(2) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units.
Child or 35. (1) A licensee shall not employ in the licensed premises, a
certain child or a person whose licence has been forfeited under this Act.
persons not
to be (2) A person who contravenes subsection (1), commits an
employed in offence and is liable, upon a first conviction, to a fine not exceeding
licensed
premises two hundred thousand penalty units and, upon a subsequent
conviction, to a fine not exceeding three hundred thousand penalty
units.
(3) For the purposes of this section, a person shall be deemed
to be employed by the person for whom that person works
notwithstanding that that person does not receive a wage for that
person’s work.
(4) Where in any proceedings under the provisions of this section
it is alleged that a person was at any time a child and that person
appears to the court to have been a child, for the purposes of the
proceedings, that person shall be deemed to have been a child
unless the contrary is shown.
Liquor Licensing [No. 20 of 2011 257
36. (1) A licensee shall not knowingly sell or deliver, or allow Restriction
any other person to sell or deliver, intoxicating liquor to a child. on sale,
delivery etc.
of liqour to
(2) A licensee, or an employee of a licensee, shall not children
knowingly—
(a) allow any child to consume intoxicating liquor in any bar
in the premises; or
(b) allow any child to enter or remain in a bar.
(3) A child shall not —
(a) consume any intoxicating liquor; or
(b) enter or remain in any bar.
(4) A person who contravenes this section commits an offence Licensee not
to permit
and is liable, on a first conviction, to a fine not exceeding five violence, etc.
hundred thousand penalty units and, on a subsequent conviction, to
a fine not exceeding seven hundred thousand penalty units.
37. (1) A licensee shall not permit any violent, quarrelsome or
riotous conduct to take place on the licensed premises.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon a first conviction, to a fine not exceeding
three hundred thousand penalty units and, upon a subsequent
conviction, to a fine not exceeding four hundred thousand penalty
units and to the forfeiture of that person’s licence.
38. (1) Without prejudice to any other right to refuse a person Power to
exclude
admission to premises or to expel a person from premises, a licensee drunkards,
or a licensee’s employee or agent may refuse to admit to, or may etc. from
licensed
expel from, the licensed premises any person who is drunken, violent, premises
quarrelsome or disorderly, or whose presence in the licensee’s
premises would subject the licensee to a penalty under this Act or
any other written law.
(2) If a person liable to be expelled from any licensed premises
under the provisions of this section if requested by the licensee or
the licensee’s employee or agent or any police officer to leave the
premises fails to do so, the person commits an offence and is
liable, upon conviction, to a fine not exceeding one hundred thousand
penalty units.
39. (1) A licensee shall not use licensed premises as a brothel. Prohibition
of using
(2) A person who contravenes subsection (1) commits an licensed
offence and is liable, upon conviction, to imprisonment for a period premises as
brothel
not exceeding five years and to the forfeiture of the licence.
258 No. 20 of 2011] Liquor Licensing
Closing of 40. (1) An authorised officer may, where any riot or tumult
premises in occurs or is expected to occur in any place, order any licensed
case of riot
premises in or near the place to be closed during such time as the
authorised officer may think fit.
(2) A person who resists or obstructs the execution of an order
given under subsection (1) and any licensee who sells intoxicating
liquor in contravention of such order commits an offence and is
liable, upon conviction, to a fine not exceeding two hundred thousand
penalty units, and the licensee so convicted shall have the licence
forfeited.
Forfeiture of 41. (1) The Minister may, where the Minister is satisfied that
licence by
Minister a licensee is or has engaged in or permits any activity on the licensed
premises which is detrimental to the security of the Republic or to
public order, by order, forfeit the licence of the licensee and a copy
of the order of forfeiture shall be served on the licensee.
(2) An order of forfeiture shall take effect when the copy thereof
is served on the licensee.
(3) An order of forfeiture shall, on its production in any
proceedings or application before any court, licensing committee
or the Tribunal, be conclusive evidence of the fact of forfeiture.
Disposal of 42. Where a licence is forfeited under any provision of this
stock in Act, the principal officer of the District in which the licensed
hand where
licence is premises concerned are situated shall, upon the application of the
forfeited
licensee whose licence is forfeited, in writing, permit the licensee
to dispose of the licensee’s stock in hand at the date the forfeiture
takes effect during the period of one month from that date, and
thereupon the provisions of this Act relating to the regulation of
licensees shall, during that period, apply to the person so permitted
as they apply to a licensee.
Power to 43. (1) A licensing committee may, upon the grant, renewal or
require
structural removal of a licence, subject to the prior approval of the local
alterations authority, order that, within a time fixed by the order, such structural
alterations shall be made by the licensee in the public rooms of the
licensed premises where intoxicating liquor is sold or consumed as
the licensing committee thinks are reasonably necessary to ensure
the suitability of such rooms for the sale of intoxicating liquor and
for the accommodation of the public.
(2) The secretary to a licensing committee shall serve on the
owner of the licensed premises notice of any order made under the
provisions of this section.
Liquor Licensin [No. 20 of 2011 259
PART V
CONTROL AND INSPECTIONS
44. (1) An authorised officer may, at any reasonable time with Inspection of
or without a warrant, enter upon, inspect and search— premises
PART VI
GENERAL PROVISIONS
Offences by 45. A licensee or an employee of a licensee who—
licensee or
employee (a) allows any unlawful game or gambling to be carried on
upon the licensed premises;
(b) allows liquor to be consumed on the licensed premises at
a time or on a day when, or at a place where, the
consumption of the liquor is prohibited by this Act or not
authorised in terms of the conditions of the licence in
respect of such premises;
(c) sells, supplies or deals in liquor in a manner not authorised
by this Act or the conditions of the licence in terms of
which the business on the licensed premises is conducted;
(d) fails to comply with any condition imposed in respect of a
licence; or
(e) fails to display a licence or notice in terms of this Act;
commits an offence and is liable, upon conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a period not exceeding three years, or to both.
Offences in 46. (1) A person, whether or not the person is a licensee,
general who—
(a) refuses or fails to comply with a lawful demand made by
an authorised officer to furnish information relating to
the person’s name or address, or to produce a licence
or other document;
(b) obstructs or hinders an authorised officer or other person
in the performance of any duty under this Act;
(c) unlawfully and with the intent to deceive—
(i) alters, destroys, damages or renders illegible;
(ii) withholds from any person entitled to take
possession or to scrutinise; or
(iii) uses fraudulently or for any unlawful purpose;
any licence or other document issued under, or for the purpose of,
this Act;
Liquor Licensing [No. 20 of 2011 261