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Papua New Guinea Consolidated Legislation |
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 1 July 2001.
.........
Legislative Counsel
Dated 25 November 2006
INDEPENDENT STATE OF PAPUA NEW GUINEA.
Chapter 312A.
Liquor (Licensing) Regulation 1963
ARRANGEMENT OF SECTIONS.
Liquor (Licensing) Regulation 1963
MADE under the Liquor (Licensing) Act 1963.
Dated 200 .
PART I. – FORMS.
[1]Where a provision of the Act is specified in the first column of Schedule 1, the form in Schedule 2 that is specified in the third column of Schedule 1 in relation to the provision is the form to be used for the purposes of the provision described in the second column of Schedule 1.
PART II. – FEES.
For the purpose of this Part and Part III, the country is divided into the following areas:–
(a) Area A, being the towns of Port Moresby, Lae, Rabaul and Panguna and all places not more than 8km by the shortest practicable route from their respective boundaries; and
(b) Area B, being–
(i) the towns of Goroka, Kavieng, Kundiawa, Madang, Mount Hagen, Popondetta and Wewak, and all places not more than 8km by the shortest practicable route from their respective boundaries; and
(ii) all places more than 8km but less than 24km by the shortest practicable route from the boundaries of the towns listed in Area A; and
(c) Area C, being the towns of Aitape, Alotau, Angoram, Arawa, Banz, Bogia, Buin, Bulolo, Chuave, Daru, Hoskins, Henganofi, Kagamuga, Kainantu, Kerema, Kerowagi, Kieta, Kimbe, Kokopo, Kwikila, Lorengau, Maprik, Mendi, Minj, Samarai, Sohano, Vanimo, Wabag and Wau and all places being not more than 8km by the nearest practicable route from their respective boundaries; and
(d) Area D, being any place in the country not otherwise referred to in this section.
The annual fee for a publican’s licence or tavern licence is, in respect of premises situated in–
(a) Area A–K2,875.00; and
(b) Area B–K1,150.00; and
(c) Area C–K920.00; and
(d) Area D–K230.00.
The fee for an interim licence under Section 41 of the Act is, in respect of premises situated in–
(a) Area A–K285.00; and
(b) Area B–K85.00; and
(c) Area C–K35.00; and
(d) Area D–K17.00.
The annual fee for a limited hotel licence is, in respect of premises situated in–
(a) Area A–K1,480.00; and
(b) Area B–K455.00; and
(c) Area C–K180.00; and
(d) Area D–K90.00.
The annual fee for a dealer’s licence is, in respect of premises situated in–
(a) Area A–K2,875.00; and
(b) Area B–K1,150.00; and
(c) Area C–K690.00; and
(d) Area D–K345.00.
The annual fee for a storekeeper’s licence is, in respect of premises situated in–
(a) Area A–K1,040.00; and
(b) Area B–K340.00; and
(c) Area C–K170.00; and
(d) Area D–K170.00.
The fee for a booth licence is K35.00.
The annual fee for a bottle-shop licence is K460.00.
The annual fee for an interim bottle-shop licence is K205.00.
The annual fee for a club licence is K65.00 and in addition K4.00 for each subscribing member of the club, resident in the country, in excess of 25 members.
The fee for an interim club licence is K205.00.
The annual fee for a restaurant licence is, in respect of premises situated in–
(a) Area A–K1,150.00; and
(b) Area B–K575.00; and
(c) Area C–K173.00; and
(d) Area D–K173.00.
Subject to Section 72(8) of the Act, the fee for an occasional licence is K35.00.
The annual fee for packet licence is K340.00.
The annual fee for a supper permit is K175.00.
The fee for a dinner permit is K7.00.
The fee for a special permit is K35.00.
The fee for a cabaret permit is K175.00.
The fees for the several matters referred to in Schedule 3 are as set out in that Schedule.
PART III. – ACCOMMODATION.
Subject to Section 22, for the purposes of Section 51 of the Act premises licensed or proposed to be licensed shall contain the following accommodation:–
(a) not less than four bedrooms, suitably provided with bedding and furniture and constructed to admit freely light and air–
(i) at least two of which contain at least 37m3 of clear space; and
(ii) none of which contain less than 23m3 of clear space,
besides the rooms occupied by the licensee, his family and employees;
(b) a sitting room or enclosed verandah space containing not less than 85m3 of clear space–
(i) reserved exclusively for the use of lodgers and their guests; and
(ii) provided with suitable furniture;
(c) a dining-room containing not less than 85m3 sufficient to accommodate the number of lodgers;
(d) a suitable bar-room;
(e) seating and table accommodation at which liquor may be served and consumed,
all of which shall be constructed of substantial materials and in a manner approved by the Commission.
In addition to the accommodation prescribed by Section 21, a publican’s licence shall not be granted in respect of premises situated in–
(a) Area A–unless an additional eight bedrooms are provided for public use; and
(b) Area B–unless an additional four bedrooms are provided for public use; and
(c) Area C–unless an additional two bedrooms are provided for public use,
of design and construction approved by the Commission.
PART IV. – PROHIBITION ORDERS.
For the purposes of Section 94 of the Act, the Minister or an officer authorized in writing by him may, by writing under his hand, make an order prohibiting the possession or consumption of liquor by the person named in the order.
(1) A copy of an order under Section 94 of the Act shall be served without delay on–
(a) the person against whom it is made; and
(b) all licensees from whom that person might reasonably be expected to obtain liquor.
(2) The person making the order shall take or cause to be taken all reasonable steps to ensure that persons likely to be affected by the order have knowledge of the order.
(1) A person against whom an order under Section 94 of the Act has been made may, within seven days of receiving a copy of it, make written application to a District Court to have the order varied or revoked.
(2) On hearing an application under Subsection (1), a District Court may–
(a) confirm the order; or
(b) vary the order; or
(c) revoke the order.
PART V. – MISCELLANEOUS.
(1) A plan required by Section 41(2) of the Act shall show the following details:–
(a) the area, frontage and depth of land;
(b) the whole of the buildings and appurtenances, with the measurements of the rooms;
(c) the bedrooms;
(d) the sitting rooms;
(e) the dining-rooms and kitchens;
(f) the rooms occupied or proposed to be occupied by the licensee, his family or employees;
(g) the materials of which the building is constructed;
(h) each room or area, by name, in which liquor is to be served;
(i) the baths and sanitary accommodation provided;
(j) the waste disposal system;
(k) the protection provided against the ingress of flies, insects and vermin.
(2) The plans shall be of a scale of not less than 1:125 and shall be presented in a manner approved by the Commission.
(3) Unless the Commission otherwise directs, the plans referred to in this section shall be lodged in four copies.
SCHEDULE 1 – Reg., Sec. 1.
LIST OF FORMS.
Section of Act. | Description. | No. of Form. |
---|---|---|
| A.–Applications. | |
Division III.2, Section 36 | Application for–&break;publican’s licence&break;tavern licence limited&break;hotel licence&break;(or renewal
of licence) | 1 |
Section 41 | Interim licence | 2 |
Division III.4, Section 36 | Storekeeper’s licence (or renewal of licence) | 3 |
Division III.5 | Booth licence | 4 |
Division III.6, Section 36 | Packet licence (or renewal of licence) | 5 |
Division III.7, Section 36 | Club licence (or renewal of licence) | 6 |
Division III.9, Section 36 | Restaurant licence (or renewal of licence) | 7 |
Division III.10 | Occasional licence | 8 |
Section 77 | Supper permit (or renewal of permit) | 9 |
Sections 78, 79 | Dinner or special permit | 10 |
Section 80 | Cabaret permit | 11 |
Passim | Other applications, n.e.i. | 12 |
| B.–Licences and Permits. | |
Division III.2, Section 36 | Publican’s licence,&break;Tavern licencen or&break;Limited hotel licence&break;(or renewal of licence) | 13 |
Section 41 | Interim publican’s licence | 14 |
Division III.4, Section 36 | Storekeeper’s licence (or renewal of licence) | 15 |
Division III.5 | Booth licence | 16 |
Division III.6, Section 36 | Packet licence (or renewal of licence) | 17 |
Division III.7, Section 36 | Club licence (or renewal of licence) | 18 |
Division III.9, Section 36 | Restaurant licence (or renewal of licence) | 19 |
Division III.10 | Occasional licence | 20 |
Division III.11 | Canteen licence | 21 |
Section 77 | Supper permit (or renewal of permit) | 22 |
Sections 78, 79 | Dinner or special permit | 23 |
Section 80 | Cabaret permit (or renewal of permit) | 24 |
| C.–Miscellaneous. | |
Section 144 | Special warrant | 25 |
Section 153 | Warrant card | 26 |
Passim | Certificate or authority, n.e.i. | 27 |
SCHEDULE 2
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 1 – APPLICATION FOR (OR FOR RENEWAL OF) PUBLICAN’S LICENCE/TAVERN LICENCE/LIMITED HOTEL LICENCE.*.
Act, Div. III.2, Form 1.Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 2 – APPLICATION FOR INTERIM PUBLICAN’S LICENCE.
Act, Sec. 41. Form 2.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 3 – APPLICATION FOR (OR FOR RENEWAL OF) STOREKEEPER’S LICENCE.
Act, Div.III.4, Form 3.Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 4 – APPLICATION FOR BOOTH LICENCE.
Act, Div.III.5. Form 4.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 5 – APPLICATION FOR (OR FOR RENEWAL OF) PACKET LICENCE.
Act, Div.III.6, Form 5.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 6 – APPLICATION FOR (OR FOR RENEWAL OF) CLUB LICENCE.
Act, Div.III.7, Form 6.Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 7 – APPLICATION FOR (OR FOR RENEWAL OF) RESTAURANT LICENCE.
Act, Div.III.9, Form 7.Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 8 – APPLICATION FOR OCCASIONAL LICENCE.
Act, Div.III.10. Form 8.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 9 – APPLICATION FOR (OR FOR RENEWAL OF) SUPPER PERMIT.
Act, Sec. 77. Form 9.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 10 – APPLICATION FOR DINNER/SPECIAL* PERMIT.
Act, Secs. 78, 79. Form 10.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 11 – APPLICATION FOR CABARET PERMIT.
Act, Sec. 80. Form 11.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 12 – APPLICATION.
Act, passim. Form 12.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 13 – PUBLICAN’S LICENCE/LIMITED HOTEL LICENCE/TAVERN LICENCE* (OR RENEWAL OF PUBLICAN’S LICENCE/LIMITED HOTEL LICENCE/TAVERN LICENCE*).
Act, Div. III.2, Form 13Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 14 – INTERIM LICENCE.
Act, Sec. 41. Form 14.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 15 – STOREKEEPER’S LICENCE (OR RENEWAL OF STOREKEEPER’S LICENCE.).
Act, Div. III.4, Form 15.Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 16 – BOOTH LICENCE.
Act, Div. III.5. Form 16.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 17 – PACKET LICENCE (OR RENEWAL OF PACKET LICENCE).
Act, Div. III.3, Form 17.Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 18 – CLUB LICENCE (OR RENEWAL OF CLUB LICENCE).
Act, Div. III.7, Form 18.Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 19 – RESTAURANT LICENCE (OR RENEWAL OF RESTAURANT LICENCE).
Act, Div. III.9, Form 19.Sec. 36.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 20 – OCCASIONAL LICENCE.
Act, Div. III.10. Form 20.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 21 – CANTEEN LICENCE.
Act, Div. III.11. Form 21.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 22 – SUPPER PERMIT (OR RENEWAL OF SUPPER PERMIT).
Act, Sec. 77. Form 22.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 23 – DINNER PERMIT/SPECIAL PERMIT.*.
Act, Secs. 78, 79. Form 23.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 24 – CABARET PERMIT (OR RENEWAL OF CABARET PERMIT).
Act, Sec. 80. Form 24.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 25 – SPECIAL WARRANT.
Act, Sec. 144. Form 25.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 26 – WARRANT CARD.
Act, Sec. 153. Form 26.
PAPUA NEW GUINEA.
Liquor (Licensing) Act 1963.
Form 27 – CERTIFICATE/AUTHORITY*.
Act, passim. Form 27.
SCHEDULE 3 – MISCELLANEOUS FEES.
Reg., Sec. 20.
| K. |
Application under this Act | 15.00 |
Duplicate licence, certificate or authority issued under Section 29(6) of the Act | 6.00 |
Transfer of licence under Section 37(3) of the Act | 15.00 |
Authority under Section 38(3) of the Act | 15.00 |
Certificate under Section 39(2) and (5) of the Act | 35.00 |
Certificate under Section 41(3) and (16) of the Act | 35.00 |
Authority under Section 42(6) of the Act | 35.00 |
Authority under Section 88 of the Act | 15.00 |
Office of Legislative Counsel, PNG
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