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Tonga Consolidated Legislation |
LAWS OF TONGA
[1988 Revised Edition]
CHAPTER 84
Arrangement of Sections
Section
1 Short title.
2 Interpretation.
PART I. – LICENCES
3 Authority to issue licences.
4 What licences may be granted.
5 Application for licence.
6 Objections to grant.
7 Licence may not be granted to a company.
8 Duplicate licences.
WHOLESALE AND BOTTLE LICENCES
9 Effect of wholesale licence.
10 Restriction of issue of wholesale licences.
11 Effect of bottle licences.
12 Liquor to be kept in a secure place.
13 Stock book to be kept.
14 Record of sales to be kept.
15 Failure to keep stock or sales book an offence.
16 Consumption on prohibited premises.
17 Hours of sale.
18 Offence.
PACKET LICENCES
19 Packet licences.
CLUB LICENCES
20 Registration of clubs.
21 Issue of club licences.
22 Effect of club licence.
23 Sale to non-members an offence.
24 Club to keep liquor sale book.
25 Sales for consumption off the premises.
26 Refusing access to books.
27 Cancellation of club licence for contravention of this Act.
OCCASIONAL LICENCES
28 Occasional licences
PUBLICAN'S LICENCE
29 Effect of publicans licence.
30 Penalty for using false name.
31 Hours of sale.
32 Cabinet may prohibit sales on any specified days.
33 Extensions of licence.
34 Powers of seizure.
35 Minimum accommodation for licensed house.
36 Applications.
37 Licensee's name etc., to be affixed on premises.
38 Licensee may sell absconder's goods.
39 Goods of lodger not liable for distress for rent.
40 Limit of liability for loss or injury to lodger's goods.
41 Liability of publican refusing to receive lodger's goods for safe custody.
42 Section 40 to be exhibited in licensed premises.
43 Licensee to keep liquor in secure place.
44 Restaurant licences.
45 Grant of restaurant licence.
APPLICATIONS
46 Notice of application for wholesale club or bottle licence.
47 Notice of application for publican's or restaurant licence.
48 Applications for a packet licence.
49 Consideration of application.
50 Certificate to issue to licensee.
51 Certificate to be void for non-payment of licence fee.
52 Transfer of licence.
53 Rights of transferee.
54 Removals.
55 Death or bankruptcy of publican or restaurateur.
56 Temporary premises.
OFFENCES
57 Penalty on sale of liquor by unlicensed person.
58 Penalty for allowing unlicensed person to sell.
59 Penalty on refusal to receive travellers.
60 Exclusion of inebriates and others from licensed premises.
61 Penalty for permitting disorderly persons to continue on licensed premises.
62 Liquors carried about for sale to be seized and forfeited.
63 Gaming prohibited on licensed premises.
64 Minimum of strength of spirituous liquors.
65 Sales to children and young persons.
66 Penalty for supplying liquor to intoxicated persons.
67 Licensed premises not to be occupied as ballroom, concert room, etc.
68 Cancellation of any licence.
69 Penalty for non-production of licence.
70 Constable may enter licensed premises in performance of duty.
71 Reward to persons giving evidence.
72 Obstructing officer acting in discharge of duty.
73 Procedure for search of unlicensed premises.
74 Penalty for harbouring or bribing police.
75 Penalty on officer taking bribe.
PART II. - LIQUOR PROHIBITION GENERAL PROHIBITION
76 General prohibition.
77 Supplying liquor to persons not in possession of a permit.
78 Onus of disproving allegation of supplying liquor to prohibited person.
79 Exceptions.
80 Orders for liquor to be retained by supplier.
81 Prescriptions.
82 Enabling liquor to be obtained by a prohibited person.
PERMITS
83 Permits to be issued by Minister of Police.
84 Application.
85 Supplementary permits.
86 Appeal to cabinet.
87 Wrongful possession of permit.
88 Permit to be cancelled if holder contravenes terms.
89 All sales of liquor to be endorsed on permit.
90 Supplying liquor in excess of terms of permit.
91 Persons found under the influence of liquor in a public place.
92 Temporary permits.
93 Exemptions.
PROHIBITION ORDERS
94 Prohibition orders.
95 Rescission of order after 3 years.
96 Final prohibition order.
97 Magistrate to publish prohibition order.
98 Penalty for prohibited person found drinking.
99 Supplying prohibited person.
100 Publican's servant liable to penalty.
101 Prohibited person shall not go in licensed premises.
PART III. - GENERAL
102 General penalty.
103 Licensee responsible for acts of his servants.
104 Procedure on prosecution.
105 Limitation.
106 Certificate of government analyst.
107 Every liquid to be deemed liquor.
108 Delivery of liquor prima facie evidence of sale.
109 Burden of proof.
110 Power to make rules.
FIRST SCHEDULE
LICENCE FEES
SECOND SCHEDULE
WHOLESALE LICENCE
BOTTLE LICENCE
PACKET LICENCE
CLUB LICENCE
OCCASIONAL LICENCE
PUBLICAN'S LICENCE
RESTAURANT LICENCE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
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Acts Nos. 25 of 1950, 4 of 1951, 6 of 1957, 16 of 1957, 6 of 1962, 20 of 1966, 25 of 1976, 10 of 1981, 20 of 1987, 46 of 1988
AN ACT TO PROVIDE FOR THE CONTROL OF THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR
Commencement [1st July, 1951]
1 Short title.
This Act may be cited as the Intoxicating Liquor Act.
2 Interpretation.
"Bar" means any room in which liquor is kept and in which, or through any opening in which, liquor is directly served to customers;
"licence" means a licence for the sale of intoxicating liquor issued under this Act;
"licensee" means a person holding any licence issued under this Act;
"licensed premises" means any premises in respect of which a licence issued under this Act is in force;
"liquor permit" means a permit issued in accordance with the provisions of Part II of this Act;
"liquor" means intoxicating liquor;
"intoxicating liquor" means any wine, spirits, ale, beer, porter, cider or other spirituous or fermented liquor of an intoxicating nature;
"proof" means strength of proof as ascertained by Sikes hydrometer; (Amended by Act 25 of 1950.)
"Prohibition order" means an order made by a magistrate and filed as a record in his court cancelling or modifying the terms of any permit to have in possession or to drink any intoxicating liquor issued under the provisions of this Act;
"prohibited person" means either a person in respect of which a prohibition order has been made or a person to whom no permit has been issued under section 83 of this Act;
"government analyst" shall include the Director of Health and any registered Tongan Medical Practitioner authorized by him to carry out analysis for the purposes of this Act.
PART I. - LICENCES
3 Authority to issue licences.
It shall be lawful for the Minister of Police with the consent of the Cabinet to authorize any Customs officer to issue to any person a licence to sell intoxicating liquor in accordance with the provisions of this Act.
4 What licences may be granted.
(1) Licences issued under this Act for the sale of liquor shall be of the following kinds:
Wholesale Licences,
Bottle Licences,
Packet Licences,
Publican's Licences,
Club Licences,
Occasional Licences,
Restaurant Licences. (Amended by Act 25 of 1976.)
(2) The fees payable for licences and related matters are those set out in the First Schedule hereto, and His Majesty in Council may by Order in Council at any time amend the said schedule. (Amended by Act 20 of 1966.)
(3) Except in the case of Occasional Licences, every licence issued under this Act shall expire on the thirty-first day of December in the year of issue and each licence shall be in one of the forms prescribed in the Second Schedule to this Act.
(4) All fees in respect of any licence issued under the provisions of this Act shall be paid to the Customs Officer of the District in which the licensed premises are situated.
(5) Any person granted a licence during the course of the period for which such licence is issued shall pay the fee for the entire period.
5 Application for licence.
Every application for a licence under this Act shall be made in writing to the Minister of Police.
6 Objections to grant.
The Cabinet may refuse to consent to the grant of any licence under this Act in any case where
(a) The applicant is a person of bad character; or
(b) within the 12 months preceding the date of application the applicant's licence has been cancelled or the applicant has been convicted of an offence against this Act; or
(c) the premises have not the minimum standard of accommodation prescribed for such premises; or
(d) from the nature of the locality in which the premises sought to be licensed are situated it is for any reason undesirable for a licence to be granted; or
(e) the reasonable requirements of the neighbourhood do not justify the granting of a licence; or
(f) that the premises are in the immediate vicinity of a place of public worship, hospital or public school; or
(g) that the quiet and good order of the neighbourhood in which such premises are situated will be disturbed if a licence be granted.
7 Licence may not be granted to a company.
(1) It shall not be lawful to grant a licence to any company or body of persons as such but a licence may be issued to and in the name of the manager, agent or other responsible person representing any company or body of persons in respect of such company or body of persons.
(2) The Minister of Police may with the consent of the Cabinet and upon the payment of the prescribed fee, transfer any licence granted in accordance with subsection (1) hereof to any person succeeding as manager or as the case may be to the manager, agent or other responsible person in whose name the licence is issued.
8 Duplicate licences.
Upon proof being given to the satisfaction of the Customs Officer of the District in which the licensee carries on business that a licence has been lost or destroyed and has not been forfeited he shall, on payment of the prescribed fee, grant a duplicate licence which duplicate shall operate in all respects as the original licence.
WHOLESALE AND BOTTLE LICENCES
9 Effect of wholesale licence.
A wholesale licence shall authorize the licensee to sell and deliver at or from the building specified in the licence or from a bonded warehouse liquor in quantities of not less than 10 litres for consumption off the premises. (Amended by Act 10 of 1981.)
10 Restriction of issue of wholesale licences.
His Majesty in Council may by Order published in the Gazette prohibit the issue of wholesale licences in any specified area of the Kingdom.
11 Effect of bottle licences.
A bottle licence shall authorize the licensee to sell on the premises therein specified and subject to the provisions of this Act intoxicating liquor in quantities of not less than 330 millilitres in one sealed container to any one person at a time; such liquor not to be consumed in or upon the licensed premises. (Amended by Act 10 of 1981.)
12 Liquor to be kept in a secure place.
No wholesale or bottle licence shall be granted until the applicant has satisfied the Minister of Police that there is in the building in respect of which such licence is applied for a secure and suitable place for storage of liquor and such place shall be particularly described in the licence.
(2) The licensee shall store his liquor in the said place and shall keep it locked and inaccessible to persons not being employees authorized to enter it. A licensee who fails to comply with this provision shall be guilty of an offence.
(3) Any liquor found stored in any part of the building other than the approved place specified in the licence may be seized by any police officer above the rank of sergeant and dealt with as a magistrate may direct.
13 Stock book to be kept.
The holder of a wholesale or bottle licence shall keep a stock book and shall upon receiving any intoxicating liquor enter immediately into his stock book the following particulars:
Quantity and description of the intoxicating liquor received;
Date of receipt;
Name and address of person or persons from whom received.
14 Record of sales to be kept.
(1) The holder of a wholesale or bottle licence shall keep a sales book in which he shall record in ink or indelible pencil at the time of sale every sale of liquor, specifying the date, the name and address of the purchaser and the kind and quantity of liquor sold. The book shall be in the form contained in the Seventh Schedule hereto, and shall at all reasonable times be open to the inspection of any police officer.
(2) Any holder of a wholesale or bottle licence failing to make an entry in such book, or making a false entry, or refusing or failing to produce such book to a police officer above the rank of sergeant, shall be liable to a fine not exceeding $40.
(3) Any person using other than his correct name in purchasing liquor as in this section provided, shall be liable to a fine of $40.
15 Failure to keep stock or sales book an offence.
If any licensee-
(a) fails to keep a stock book or a liquor sales book as required by sections 13 and 14 or to make in either of such books an entry required by the said sections, or
(b) makes a false entry in such stock or liquor sales book or fraudulently cancels, alters or destroys any part of either of such books or any entry therein, or
(c) refuses to let an inspector of police or any person thereunto authorized by the Cabinet examine or check over his stock of intoxicating liquor or inspect or make extracts from his stock book or liquor sales book,
he shall be guilty of an offence.
16 Consumption on prohibited premises.
Any holder of a wholesale licence and any holder of a bottle licence permitting the consumption of any intoxicating liquor in or upon his licensed premises shall be guilty of an offence.
17 Hours of sale.
No sale of intoxicating liquor shall take place on the premises specified in any wholesale or bottle licence except between the hours of 8 a.m. and 5 p.m. on any working day other than Saturday and between the hours of 8 a.m. and noon on Saturday.
18 Offence.
Any licensee selling or attempting to sell intoxicating liquor during the prohibited hours shall be guilty of an offence.
PACKET LICENCES
19 Packet licences.
(1) Subject to the provisions of this Act a packet licence shall authorize the master of any foreign going passenger vessel therein named to sell intoxicating liquor on board such vessel while within the limits of the Kingdom.
(2) The Collector of Customs may grant a transfer of a packet licence to another master or vessel in the service of the same owners in lieu of the master or vessel named in such licence. Such transfer shall be effected by the Collector of Customs endorsing on such licence the name of the master or vessel to be submitted for that named in the body of the licence.
CLUB LICENCES
20 Registration of clubs.
(1) The secretary of every club (established for social purposes only) which occupies any premises habitually used for the purposes of a club and in which intoxicating liquor is supplied to members or their guests, shall cause the club to be registered in the manner following and the Collector of Customs may with the consent of the Cabinet register any such club for the sale of intoxicating liquor for the period of one year.
(2) The secretary of such club shall forward to the Collector of Customs
(a) an application for registration signed by the chairman or secretary of the club stating the name and object of the club and the address of the premises occupied by the club; and
(b) a list containing the names and addresses of the officials and committee of management or governing body.
21 Issue of club licences.
(1) It shall be lawful for the Minister of Police with the consent of the Cabinet to authorize any Customs Officer to issue to the secretary of any club registered in accordance with section 20 a Club Licence upon the payment of the prescribed fee.
(2) The secretary of any club desiring to renew a club licence issued in respect of any club premises shall make application in writing to the Minister of Police for the renewal of such licence in the same manner as may be prescribed under this Act for the renewal of licences generally.
22 Effect of club licence.
A Club Licence shall authorize the sale on the club premises described therein of liquor to bona fide members of such club in any quantity less than 10 litres:
Provided that nothing in this section contained shall be deemed to confer upon such club the right to sell liquor to any person to whom a liquor permit has not been granted under the provisions of Part II of this Act. (Amended by Act 10 of 1981.)
23 Sale to non-members an offence.
If any intoxicating liquor is sold on the premises of a registered club to any person other than a member, or if any intoxicating liquor is sold or supplied on the premises of an unregistered club, the person supplying or selling such liquor and every person authorizing the sale or supply of such liquor, shall be guilty of an offence.
24 Club to keep liquor sale book
(1) There shall be kept by every registered club a liquor sales to members book in which shall be entered in the case of every sale of intoxicating liquor to a member for consumption off the club premises the date, the name and the address of the purchaser and the kind and quantity of liquor sold.
(2) The liquor sales to members book of every registered club shall be available at all reasonable times for inspection by a police officer above the rank of sergeant or any person thereunto authorized by the Cabinet who shall also be entitled to make extracts from such sales book.
25 Sales for consumption off the premises.
No liquor for consumption elsewhere than on the club premises shall be sold or supplied by a registered club to any member until such member has produced his liquor permit and the person authorized by the club to sell liquor has endorsed thereon the quantity of liquor supplied together with the date of sale and his signature.
26 Refusing access to books.
If on the premises of any registered club
(a) permission is refused to an inspector or sub-inspector of police or any person thereunto authorized by this Act to inspect or make extracts from the liquor sales to members book, or
(b) any intoxicating liquor is sold in violation of the provisions of this Act,
the person refusing such permission or selling or authorizing the sales of such liquor shall be guilty of an offence.
27 Cancellation of club licence for contravention of this Act.
The Cabinet may cancel at any time the club licence of any registered club which fails to comply with the provisions of this Act and no club whose licence has been so cancelled shall have any claim to any refund of fees paid in respect of any unexpired portion of such licence.
OCCASIONAL LICENCES
28 Occasional licences.
(1) An occasional licence shall authorize the licensee to sell and dispose of liquor by the glass at any place of lawful public amusement.
(2) The licence shall not be granted for a period exceeding 24 hours.
(3) The licence shall be subject to such conditions and provisions as the Minister of Police may impose.
(4) An Occasional Licence may be issued by the Collector of Customs with the consent of the Minister of Police to whom application must be made at least 7 days in advance of the date on which such licence is required: such Occasional Licence shall be in the form prescribed in the Second Schedule hereto.
PUBLICAN'S LICENCE
29 Effect of publicans licence.
(1) A Publican's Licence shall authorize the licensee to sell on the premises therein specified and subject to the provisions of this Act-
(a) intoxicating liquor for consumption on the licensed premises; and
(b) intoxicating liquor for consumption off the licensed premises, such liquor to be sold in quantities of not less than 330 millilitres in one sealed container to any person at a time. (Amended by Act 10 of 1981.)
(2) The licensee shall record in ink or indelible pencil at the time of sale, in a book to be kept separately for the purpose, all sales of liquor by flask, bottle, jar, cask or case not consumed on the licensed premises specifying the date, the name and address of the purchaser and the kind and quantity of the liquor sold. The book shall be in the form contained in Schedule VII hereto and shall be at all reasonable times open to the inspection of any police officer above the rank of Sergeant.
(3) Any licensee failing to make an entry in such book, or making a false entry, or failing or refusing to produce such book to a police officer above the rank of sergeant, shall be liable to a fine not exceeding $40.
30 Penalty for using false name.
Any person using other than his correct name in purchasing liquor shall be liable to a fine of $40.
31 Hours of sale.
(1) The holder of a publican's licence shall not keep his premises open for the sale of liquor and shall not sell any liquor or permit the same to be consumed in or upon the licensed premises on any Sunday, Good Friday or Christmas Day or before the hour of 10 a.m. or after the hour of 10 p.m. on any other day.
(2) Notwithstanding anything contained in subsection (1) hereof it shall be lawful for the holder of a publican's licence to sell liquor to, or permit the same to be consumed in or upon the licensed premises by-
(a) a person taking a meal in the dining room of the licensed premises on any Sunday, Good Friday or Christmas Day during the hours of 12 noon to 2.30 p.m. and 6 p.m. to 8.30 p.m. if such liquor is consumed by such person as part of such meal but not otherwise; or
(b) any bona fide lodger at any time, if such liquor is not consumed by the lodger at the bar of the licensed premises.
Any licensee contravening any of the preceding provisions of this section, shall be liable to a fine of $40.
(3) Every separate sale of liquor in violation of this section shall be deemed a separate offence.
(4) Subject to the provisions of subsection (2) hereof any person consuming liquor in or upon any licensed premises on any Sunday, Good Friday or Christmas Day or before the hour of 10 a.m. or after the hour of 10 p.m. on any other day, shall be guilty of an offence and shall, for each such offence, be liable to a fine of $10.
(5) Any person, not being a bona fide lodger, found in the act of leaving licensed premises with liquor in his possession on any Sunday, Good Friday or Christmas Day or before the hour of 10 a.m. or after the hour of 10 p.m. on any other day, shall be guilty of an offence, and for each such offence, shall be liable to a fine of $10.
32 Cabinet may prohibit sales on any specified days.
It shall be lawful for Cabinet whenever it may seem expedient to do so by notice in the Gazette to direct that the bars of all public houses in any district to be specified in such notice shall be closed on such day or days as may be mentioned in the notice.
33 Extensions of licence.
Notwithstanding anything contained in sections 31 and 32 any holder of a publican's licence may, having first obtained the permission of the Minister of Police in writing, sell liquor during such further hours on any day as may be specified by the Minister of Police in the permit. The permit shall be subject to such conditions as the Minister of Police granting the same may impose, and a fee of $2 shall be payable in respect thereof.
34 Powers of seizure.
It shall be lawful for any police officer to seize any liquor found in the possession of any person in contravention of any of the provisions of sections 31, 32 or 33 hereof, and on conviction of the offender, such liquor shall be forfeited to the Crown.
35 Minimum accommodation for licensed house.
(1) Before a publican's licence is granted for any premises and during the continuance of such licence, the premises shall contain, in addition to and exclusive of such reasonable accommodation for the family of the licensee as the Minister of Police shall think requisite, at least 2 sitting rooms and 4 bedrooms constantly ready and suitably furnished fit for public accommodation.
(2) Every holder of a publican's licence shall cause his licensed premises to be furnished with proper sanitary appliances including closets and urinals sufficient for any lodgers, servants or inmates of the premises and shall, during the hours when sale of liquor to the public is permitted in such premises, keep at least one closet and urinal open and available for the general public.
(3) Every holder of a publican's licence who fails to comply with the provisions of subsection (2) shall be liable to a fine not exceeding $20.
36 Applications.
On application for a publican's licence the applicant shall deposit with the Minister of Police a plan or sketch of the premises showing the number and size of the rooms therein and if it shall appear from such plan or sketch or otherwise that any portion of such premises or of the buildings of which the same forms part is fitted up or intended to be used for any business other than that of a publican it shall not be lawful to grant such application. If after a licence has been granted the licensed premises are used for any business other than that of a publican the licence shall be liable to forfeiture.
37 Licensee's name etc., to be affixed on premises.
Every holder of a publican's licence shall cause to be painted and shall maintain so painted in letters at least 5 centimetres long on the front of his premises his name in full followed by the words "Licensed to sell Intoxicating Liquor" and every such holder failing to comply with the requirements of this section shall for the first offence be liable on conviction to a fine not exceeding $4 or in default of payment to imprisonment for any term not exceeding 10 days and for any subsequent offence to a fine not exceeding $20 nor less than $4 or in default of payment to imprisonment for any term not exceeding 2 months. (Amended by Act 10 of 1981.)
38 Licensee may sell absconder's goods.
If any guest or lodger shall depart from the licensed premises of any publican without paying for his accommodation, the licensee may after the expiration of 3 months from the date of such departure apply to the magistrate of the district for an order to sell any goods and effects of such guest or lodger which may have been left in the custody of the licensee and the magistrate on being satisfied of the amount of the debt may order a sale accordingly. The proceeds of such sale shall be applied in the first place to the satisfaction of such debt and any surplus over and above the amount of such indebtedness and expenses shall be paid to the Treasurer or sub-Treasurer in trust for such person or persons as may thereafter be proved to the satisfaction of a magistrate to be entitled thereto.
39 Goods of lodger not liable for distress for rent.
No goods or chattels whatsoever which are the bona fide property of any guest or lodger staying at the licensed premises of any publican and which shall be in such premises or in any building or place ordinarily used or occupied therewith shall be liable to distraint or seized for rent due in respect of such premises or building or in respect of any other claims whatsoever against the same or the owner or the occupier thereof. If any goods be distrained or seized any magistrate may upon the complaint of any person aggrieved by such distress or seizure summarily inquire into the matter and may order any such goods or chattels so distrained or seized to be restored to their owner and may award and enforce by warrant of distress the payment of reasonable costs of the proceedings against the person by whom or on whose behalf such goods or chattels were distrained or seized.
40 Limit of liability for loss or injury to lodger's goods.
No holder of a publican's licence shall be liable to compensate any guest or lodger staying at the premises in respect of which such licence has been granted for the loss of or injury to goods or property bought to such premises to a greater amount than the sum of $60 except-
(a) where such goods or property shall have been lost or stolen or injured through the wilful act neglect or default of such publican or any servant in his employment; or
(b) where the goods or property shall have been deposited for safe custody with the holder of such licence:
Provided always that in the case of such deposit it shall be lawful for such licensee if he thinks fit to require as a condition of his liability that such goods or property shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same.
41 Liability of publican refusing to receive lodger's goods for safe custody.
If any holder of a publican's licence shall refuse to receive for safe custody as provided in section 40 any goods or property of any guest or lodger staying at the licensed premises or if any such guest or lodger shall by any default of such publican be unable to deposit such goods or property as aforesaid such publican shall not be entitled in respect of such goods or property to any limitation of liability under the provisions of that section.
42 Section 40 to be exhibited in licensed premises.
Every holder of a publican's licence shall cause at least one copy of section 40 of this Act printed in plain type to be exhibited in a conspicuous part of the hall or entrance to the licensed premises and he shall only be entitled to the benefit of that section in respect of such goods or property as shall be brought to the said premises while such copy shall be so exhibited.
43 Licensee to keep liquor in secure place.
The holder of a publican's license shall keep the liquor in his bar and elsewhere on his premises in such manner as to prevent easy access thereto by any person not in possession of a permit issued under the provisions of Part II of this Act and in default thereof shall be liable to a fine not exceeding $10 and in default of payment to imprisonment for any term not exceeding one month and for a second or subsequent offence to a fine not exceeding $20 and in default of payment to imprisonment for any period not exceeding 2 months.
44 Restaurant licences.
A restaurant licence shall authorise the licensee to sell or supply liquor on the licensed premises, during the permitted hours, to, and for consumption on such licensed premises, by, any person who, during the permitted hours on that day or night, partakes of a substantial meal cooked on the licensed premises.
(2) If music, dancing or other reputable entertainment, together with substantial refreshments, are provided during the permitted hours on the licensed premises to which the public have access by ticket costing not less than $1 (not including the price of any meal or snack or liquor), a restaurant licence shall authorise the licensee to sell or supply liquor on the licensed premises during the permitted hours, for consumption on the premises on the day or night when such music, dancing or other reputable entertainment, together with substantial refreshments, are provided.
(3) The permitted hours under a restaurant licence shall be
(a) on any day of the year including Christmas Day, Good Friday, Sundays and public holidays, between the hours of 12 noon and 2.30 p.m. only if cooked meals are provided;
(b) Monday to Saturday between the hours of 6 p.m. and 11 p.m. only if substantial cooked meals are provided, or Monday to Friday between the hours of 6 p.m. and 2 a.m. on the following day, if music, dancing or other reputable entertainment together with substantial refreshments are provided;
(c) Sunday and Good Friday, between the hours of 6 p.m. and 9 p.m. only if cooked meals are provided;
(d) Christmas Day (if not a Sunday) between the hours of 6 p.m. and 11 p.m. only if cooked meals are provided:
Provided that no dancing or entertainment is permitted on Sunday, Good Friday or after 12 midnight on Saturday.
(4) Without prejudice to any liability under the provisions of any other section of the Act, in the event of any contravention of any of the preceding sub-sections by any person, the licensee and such person shall be guilty of an offence and on conviction shall be liable to a fine not exceeding $100 in the case of the licensee and $50 in the case of any other person. (Inserted by Act 25 of 1976.)
45 Grant of restaurant licence.
The number of restaurant licences in force at any one time shall not exceed such number as shall be specified from time to time by the Minister of Police by notification in the Gazette.
(2) A restaurant licence or the renewal thereof shall not be granted unless the Minister of Police is satisfied that:
(a) the licensee intends to provide substantial cooked meals regularly for the public on the licensed premises during the permitted hours up to 11 p.m. and likewise where applicable, substantial refreshments up to 2 a.m.;
(b) the premises have been structurally adapted and are otherwise suitable for the purpose specified in paragraph (a), in accordance with the provisions of the Public Health (Restaurants and Food Stores) Regulations; (Cap. 74 (5-6))
(c) the premises have adequate toilet, urinal and wash-hand basin facilities as may be prescribed by the Department of Public Health;
(d) the premises conform to the specifications laid down by the Fire Service Department for safe fire standards.
(3) A restaurant licence may be suspended by the Minister of Police at any time if:
(a) the licensee is not or has not been regularly providing substantial cooked meals on the licensed premises for the public during the permitted hours up to 11 p.m. and likewise, where applicable, substantial refreshments up to 2 a.m.;
(b) the licensed premises have become unsuitable for the supply of substantial meals or substantial refreshments or for the sale of liquor;
(c) the licensed premises or the music or the dancing or other entertainment, where these are provided, are being conducted in such a manner as to cause offence to other members of the public;
(d) liquor is being sold or supplied for consumption off the licensed premises;
(e) the health, sanitary and fire standards required by law have ceased to operate for any reason. (Inserted by Act 25 of 1986.)
APPLICATIONS
46 Notice of application for wholesale club or bottle licence.
Every person wishing to obtain a restaurant, wholesale, bottle, or club licence shall give not less than one month's notice in writing to the Minister of Police:
Provided that it shall not be necessary to make application for the renewal of a wholesale or bottle licence unless objection has been lodged by the Minister of Police with the holder thereof before the fifteenth day of November in any year. (Amended by Act 25 of 1976.)
47 Notice of application for publican's or restaurant licence.
Every person wishing to obtain a publican's or a restaurant licence or a renewal thereof shall, not less than one month before he makes his application, deliver to the Minister of Police or the Senior Police Officer of the District within which the premises are situated to which such licence is intended to apply, a notice in writing signed by such applicant setting forth the applicant's name, calling and abode and shall affix a like notice on the outer side or front of the principal entrance door of the said premises. (Amended by Act 25 of 1976.)
48 Applications for a packet licence.
Applications for a packet licence or a renewal thereof shall be made in writing after not less than one month's notice thereof signed by the applicant setting forth the name and address of the owner of, or agent for, the vessel to which the licence is intended to apply. Such notice shall be delivered to the Minister of Police.
49 Consideration of application.
Every application for a licence and every application for the renewal of a licence under this Act shall be submitted to His Majesty's Cabinet by the Minister of Police for consideration, and before such submission the Minister of Police may summon before him and examine on oath such witnesses as he may think necessary.
50 Certificate to issue to licensee.
If His Majesty's Cabinet decides to grant an application the Minister of Police shall issue to the applicant a certificate authorizing the grant of the type of licence applied for, and shall cause lists of such certificates specifying the situation of the premises concerned, and in the case of a packet licence the name and description of the ship to which it is to apply, to be transmitted to the Collector of Customs in whose district the premises are situated. Every certificate as aforesaid shall be presented by the applicant to the Collector of Customs of his district who shall issue the licence accordingly.
51 Certificate to be void for non-payment of licence fee.
Every certificate issued under the provisions of section 50 shall be void unless the sum required to be paid under this Act for the licence thereby authorized is paid within 28 days after the granting of such certificate.
52 Transfer of licence.
(1) On application in writing by an intending transferor and transferee of any licence (other than an occasional licence), the Minister of Police may grant a special certificate recommending the transfer of such licence.
(2) Where the holder of a wholesale, restaurant or publican's licence has been legally evicted from the premises in respect of which the licence has been issued, or where the owner thereof has come into legal possession thereof to the exclusion of the licensee, or where the holder of a packet licence has ceased to be the master of the vessel in respect of which the licence has been issued, the Minister of Police may issue such special certificate notwithstanding the non-production of the licence. (Amended by Act 25 of 1976.)
(3) The transfer shall be carried out by an endorsement on the licence form by the licensing officer or by the issue of a new licence.
53 Rights of transferee.
Every transferee under the provisions of section 52 shall, until the end of the year for which the licence has been granted, possess all the rights of the original licensee and shall be liable to the same duties, obligations and penalties as if such licence had been originally granted to him.
54 Removals.
Where a licensee desires to remove from the premises in respect of which his licence was granted and to use such licence in any other premises he shall at least one month before such removal lodge with the Minister of Police a written notice of application stating such particulars with respect to the proposed premises as are hereinbefore required to be given on application for a licence and the Minister of Police with the consent of Cabinet may authorize any officer of the Customs to endorse upon the applicant's licence the particulars relating to such change of premises and such applicant shall thereupon be at liberty to trade with his licence at the premises specified in such endorsement.
55 Death or bankruptcy of publican or restaurateur.
If any holder of a publican's or a restaurant licence shall die or become bankrupt before the expiration of his licence, his personal representative or his trustee in bankruptcy as the case may be, may r. by an agent specially authorized in writing by the Minister of Police with the consent of the Cabinet carry on the business of the deceased or bankrupt licensee until the expiration of his licence. (Amended by Act 25 of 1976.)
56 Temporary premises.
If the premises of any licensee shall by fire, tempest or other calamity be rendered unfit for the carrying on of his business, the Minister of Police upon the application by or on behalf of such licensee and with the consent of the Cabinet may by order under his hand authorize such licensee temporarily to carry on his business in some neighbouring premises (although not having the accommodation required by this Act) for any period not exceeding 12 calendar months.
OFFENCES
57 Penalty on sale of liquor by unlicensed person.
Every person who sells any liquor without holding a licence or authorizing the sale thereof, shall for the first offence, be liable to a fine not exceeding $100 or to imprisonment for a period not exceeding 6 months, or to both such fine and imprisonment, and for any subsequent offence to a fine not exceeding $1000 or to imprisonment for a period not exceeding 2 years, or to both such fine and imprisonment. Upon any conviction under this section the offender shall forfeit all liquor in his possession with the vessels containing the same, to the use of the Crown, and the same may be sold by order of a Court and the proceeds of the sale be paid to the Treasury. In the case of a second or subsequent offence, the offender shall be declared after conviction by such court to be, and shall thereupon be, disqualified from holding a licence of any description for the sale of liquor for a period of 12 months from the date of such conviction.
58 Penalty for allowing unlicensed person to sell.
Every licensee who employs any person to sell any liquor in any premises, vehicle, vessel or boat or in any place whatsoever not being within the premises or in the place in which such licensee is authorized to sell liquor by his licence, or permits any person to sell liquor on the licensed premises of such licensee otherwise than as his servant or agent, shall for every such offence be liable to a fine not exceeding $40.
59 Penalty on refusal to receive travellers.
No holder of a publican's licence shall, if there be accommodation, refuse to receive any person as a guest into his house or to supply him with food and lodging, unless the person be intoxicated or a known disreputable person and provided that he is able and willing to pay for his accommodation. Every such holder contravening this section shall be liable to a fine not exceeding $10.
60 Exclusion of inebriates and others from licensed premises.
(1) Notwithstanding anything in section 59 hereof contained, any licensee may refuse to admit into, and may turn out of, his licensed premises, any person who is drunk, violent, quarrelsome, disorderly, or who is using profane or foul language, or any person who is suffering from any infectious disease, or whose presence on his premises would subject him to a penalty.
(2) Any such person who, upon being requested by such licensee, his agent or servant, or by any police officer, to quit such premises refuses or fails so to do, shall, on conviction, be liable to a fine not exceeding $10 or in default of payment to imprisonment for any period not exceeding one month. It shall be the duty of a police officer on the demand of such licensee, agent or servant to expel or assist in expelling every such person from such premises and he may use any reasonable degree of force required for that purpose.
61 Penalty for permitting disorderly persons to continue on licensed premises.
Every licensee, who knowingly suffers or permits any common prostitutes, thieves, drunken or disorderly persons, or persons of notoriously bad character, to assemble or continue upon his licensed premises or the appurtenances thereto, shall be liable to a fine not exceeding $20. If any licensee is convicted of permitting his premises to be used as a brothel he shall be liable to a fine not exceeding $100 and he shall be disqualified from holding a licence for a period of 12 months.
62 Liquors carried about for sale to be seized and forfeited.
(1) Any police officer may seize all liquor which he may reasonably suspect to be, or to have been, carded about or exposed for sale in any street, road, footpath, booth, tent, store, shed, boat or vessel, or in any place whatsoever by any person not holding a licence to sell the same therein respectively, and also every vessel containing or used for drinking or measuring the same, and every cart, dray or motor or other vehicle, and every horse or animal carrying or drawing the same, and every boat or vessel conveying the same.
(2) Any person not being the holder of a licence who carries or exposes for sale any liquor as aforesaid, shall be guilty of an offence and shall be liable to a fine not exceeding $100 or in default of payment to imprisonment for any period not exceeding 3 months, and the court may adjudge any such liquor, vessel, cart, dray or motor or other vehicle, horse or other animal, boat or vessel to be forfeited, and may order the same to be sold, and the proceeds thereof shall be paid into general revenue.
63 Gaming prohibited on licensed premises.
If any licensee suffers any unlawful game whatsoever to be played on his licensed premises, or if such licensee or any servant or person in charge of such premises, connives at the playing of any such game thereon, every such person so offending shall be liable to a fine not exceeding for the first offence $20, and not exceeding for the second and any subsequent offence $40:
Provided that nothing herein shall be held to refer to any billiard-table licensed under the provisions of any Act for the time being in force.
64 Minimum of strength of spirituous liquors.
(1) No licensee shall sell or dispose of any spirituous liquors (bitters, liqueurs and cordials excluded) of less strength than 35 per centum under proof with the exception of rum which must not be less than 45 per centum under proof and all spirituous liquors (bitters, liqueurs and cordials excluded) of less strength than that prescribed by this section found on the premises of any licensee shall be forfeited.
(2) Any licensee selling or having on his premises any spirituous liquor of a strength which contravenes the provisions of this section shall be guilty of an offence.
65 Sales to children and young persons.
Any licensee who knowingly sells or supplies or allows to be sold or supplied, or any servant of his who knowingly sells or supplies, to any person under the age of 18 years, any liquor for consumption on the licensed premises shall be guilty of an offence and shall be liable to a fme not exceeding $10.
(2) Any person under the age of 18 years who purchases or attempts to purchase in any licensed premises any liquor for his own consumption therein, shall be guilty of an offence and shall be liable to a fine not exceeding $10.
(3) Any licensee who knowingly sells or supplies or allows to be sold or supplied, or any servant of his who knowingly sells or supplies to any person under the age of 14 years any liquor for consumption by any person on or off the licensed premises shall be guilty of an offence and shall be liable to a fine not exceeding $20.
(4) Any person who knowingly sends a person under the age of 14 years to any premises in respect of which a publican's licence is in force, for the purpose of obtaining any liquor, shall be guilty of an offence and shall be liable to a fine not exceeding $10.
(5) Any licensee who allows a person under the age of 13 years to be at any time in the bar of licensed premises, shall be guilty of an offence and shall be liable to a fine not exceeding $10.
66 Penalty for supplying liquor to intoxicated persons.
If any licensee or his servant supplies liquor to any person who is at the time in a state of intoxication, such licensee shall for the first offence be liable to a fine not exceeding $10 and for any subsequent offence to a fine not exceeding $40.
67 Licensed premises not to be occupied as ballroom, concert room, etc.
If any licensee permits any room or portion of his licensed premises, or the appurtenances thereof, to be used, or occupied as a ballroom or as a concert or theatrical saloon, or as a place of common resort to which persons shall be admitted by ticket or payment, he shall be liable to a fine not exceeding $40:
Provided that nothing in this section shall apply to any rooms in or appurtenances to, any licensed premises while used for the purpose of holding therein any ball or other entertainment, for the holding of which a permit shall have been granted by the Minister of Police.
68 Cancellation of any licence.
If any licensee is convicted of felony or of any offence for which he is sentenced to imprisonment with hard labour or penal servitude, his licence may be cancelled by the court.
69 Penalty for non-production of licence.
Every licensee shall on demand at the place or vessel for which the licence has been granted produce his licence to any police officer above the rank of sergeant. If any such licensee refuses or neglects to produce his licence on such demand he shall be liable to a fine not exceeding $20.
70 Constable may enter licensed premises in performance of duty.
It shall be lawful for any constable to enter any licensed premises at any time for the purpose of preventing or detecting the violation of any of the provisions of this Act which it is his duty to enforce.
71 Reward to persons giving evidence.
If any person is instrumental in bringing to justice any offender against this Act whereby such offender is convicted of an offence or ordered to pay any forfeiture or other sum of money under this Act the Cabinet may if it sees fit order payment to such person of any sum not exceeding one half of the fine or other money recovered on conviction of such offender.
72 Obstructing officer acting in discharge of duty.
Any person who obstructs or interferes with any public officer or any of his subordinates in the discharge of any authority conferred or duty imposed under this Act shall be guilty of an offence.
73 Procedure for search of unlicensed premises.
Upon the complaint on oath before a magistrate that the complainant suspects and believes that any liquor has been sold or is being kept for the purpose of sale at or in some place not licensed for such purpose to be specified in such complaint and upon reasonable grounds being shown for such suspicion and belief such magistrate may grant a warrant to any constable to enter and search such specified place.
(2) Such constable may break open any doors not opened within a reasonable time after demand and may seize all liquors which he shall then and there find and every vessel in which the same shall be.
(3) Such magistrate shall thereupon grant a summons requiring the occupier of such premises to appear before the court to show how and for what purpose he became possessed of such liquor. And upon his so appearing or if he shall fail to appear then after proof on oath of the service of such summons upon him the Court shall inquire into the matter and if it shall be satisfied by reasonable proof that any liquor was illegally sold the court shall adjudge the defendant guilty of an offence and convict such defendant accordingly and shall in addition to any punishment authorized by the Act declare such liquor and also every such vessel as aforesaid to be forfeited to the Crown and the same shall be sold and the proceeds of sale after payment thereout of any costs awarded shall be paid into the Treasury.
74 Penalty for harbouring or bribing police.
If any licensee knowingly harbours or suffers to remain on his premises any police officer, during any part of the time appointed for such police officer to be on duty, unless for the purpose of keeping or restoring order or in the execution of his duty, or supplies any liquor or refreshments whether by way of gift or sale to any police officer on duty (unless by the authority of the superior officer of such officer) or bribes or attempts to bribe, any police officer, he shall be liable to a fine not exceeding for the first offence $20, and not exceeding for the second or any subsequent offence $100.
75 Penalty on officer taking bribe.
If any police officer takes or receives any fee, gratuity or reward whatsoever, whether pecuniary or of any other kind, not being part of his official emoluments, and whether directly or indirectly, on account of anything clone or to be done by such police officer in, or in any way relating to, his duties under this Act, he shall be liable to be imprisoned for any period not exceeding 6 months or to pay a fine not exceeding $200, or to both such imprisonment and fine. And if any person gives, offers or promises to give whether directly or indirectly to any police officer, any such fee, gratuity or reward, the person giving, offering or promising shall, for every such offence be liable to a fine not exceeding $200.
PART II. - LIQUOR PROHIBITION GENERAL PROHIBITION
76 General prohibition.
It shall be unlawful for any person to have in his or her possession or custody or to drink any intoxicating liquor without first having obtained a written permit from the Minister of Police under section 83 hereof. Any person offending against the provisions of this section shall be liable on conviction to a fine of not less than $10 and not more than $100, and in default of payment to imprisonment for any term not exceeding 6 months and any liquor in the possession of such person shall be forfeited to the Crown.
77 Supplying liquor to persons not in possession of a permit.
Any person, whether licensed to sell intoxicating liquor or not who shall give, sell or supply or in any way procure to or for any person to whom a permit has not been issued under section 83 of this Act, or shall in any way aid or abet in the giving, selling, supplying or procuring of any intoxicating liquor to or for any such person shall be deemed guilty of an offence:
Provided that where any licensee has been twice convicted of an offence under this section, or where persons in his employment have been twice convicted so that two convictions for offences against this section are recorded in respect of liquor supplied from his premises the court may in addition to the imposition of any punishment authorized by this Act order the cancellation of such licensee's licence.
78 Onus of disproving allegation of supplying liquor to prohibited person.
For the purposes of this Act any person having a permit issued under section 83 hereof found drinking liquor with a prohibited person shall be deemed to have supplied liquor to such person unless the contrary is proved.
79 Exceptions.
Nothing in this part of this Act shall be deemed to apply:
(a) to a minister of religion giving wine in conformity with any religious rites;
(b) to a registered medical practitioner prescribing or giving liquor in doses to a patient for the purpose of curing or preventing disease or promoting restoration of health;
(c) to a person who gratuitously prescribes or gives liquor as a medicine in case of emergency or distress;
(d) to a person supplying liquor to any other person who exhibits to him personally a permit granted by the Minister of Police under the provisions of this Act;
(e) to a publican supplying liquor on the prescription of a registered medical practitioner;
(f) to a person who is in possession of liquor obtained on a prescription issued by a registered medical practitioner;
(g) to the domestic servant of any person to whom a permit has been issued under section 83 of this Act who shall produce and deliver a signed and dated order form from his or her employer for liquor for such employer's use:
Provided that in any prosecution under this Act the onus of proving that such servant was in the employ of such a person and that the order was signed and dated by the employer purporting to sign it shall be upon the defendant.
80 Orders for liquor to be retained by supplier.
No order under sub-paragraph (g) of section 79 shall have any effect beyond the day of its date. Every person supplying liquor upon any such order shall initial the same and retain it in his possession for one year. All such orders shall be open to the examination of the Minister of Police or any person thereunto authorized by the Cabinet and any person supplying liquor upon any such order who shall neglect to initial and retain such order or shall refuse to produce any such order when called upon so to do by the Minister of Police or any person duly authorized under this section shall be guilty of an offence.
81 Prescriptions.
(1) A prescription given to a prohibited person by a registered medical practitioner shall
(a) be clearly and legibly written in the English language in ink or indelible pencil;
(b) be dated the date on which it was signed;
(c) prescribe the total quantity of liquor to be supplied and state the quantity and frequency of doses;
(d) contain the name of the patient and such description as may be necessary to identify him;
(e) be signed by the medical practitioner.
(2) A licensee who supplies liquor on a prescription shall write on the prescription the amount and kind of liquor supplied and the date of such supply, and shall retain the prescription.
(3) A prescription shall be valid only for the day of issue and for 7 days thereafter.
82 Enabling liquor to be obtained by a prohibited person.
Every person who shall give or allow his name to be used or shall make use of any other name than his own to enable any prohibited person to procure liquor contrary to the provisions of this Act shall be guilty of an offence.
PERMITS
83 Permits to be issued by Minister of Police.
(1) It shall be lawful for the Minister of Police in his absolute discretion to grant a written permit to any person to drink or be in possession of intoxicating liquor. Such permit shall be in the form prescribed in the Fifth Schedule hereto and a fee of $5 shall be paid by the applicant for the permit. (Amended by Acts 6 of 1962 and 20 of 1987.)
(2) Such permits may be either limited or unlimited at the discretion of the Minister of Police who in determining whether or not such permit shall be limited or unlimited, and in the case of a limited permit the amount of liquor which such permit shall entitle the holder to purchase in any calendar month, shall pay due regard to the applicant's social and financial status, his previous record (if any) and any other factors which may be indicative of whether or not he is a suitable person to be permitted to drink or be in possession of liquor.
(3) Every such permit shall be subject to the terms and conditions imposed in such case which shall be clearly specified in such permit.
(4) The Cabinet may at any time, upon due cause being shown to them by the Minister of Police, cancel any such permit and shall publicly notify such cancellation in the Gazette.
(5) The holder of any permit that has been cancelled shall surrender it to the senior police officer of the district in which he or she resides and failure to surrender such permit shall be punishable by a fine not exceeding $10 and in default of payment to imprisonment for any term not exceeding one month.
84 Application.
Any person desirous of obtaining a permit under the provisions of section 83 shall make application therefore to the Minister of Police in writing stating his name, age, sex and address and stating the amount of liquor required by him for consumption in any one month and giving brief particulars in support of the application for the particular amount for which a permit is sought.
85 Supplementary permits.
Any person to whom a permit has been issued under section 83 of this Act may upon any special occasion make application to the Minister of Police for a supplementary permit to allow him or her to purchase in any one month liquor in excess of the amount authorized by the aforesaid permit. Every such application shall contain full particulars of the reason for such application and the Minister of Police's decision upon any such application shall be final.
86 Appeal to cabinet.
Any person who has made application for the issue of a permit under section 83 of this Act and who is not satisfied with the decision of the Minister of Police in respect of his or her application duly submitted in accordance with the provisions of section 84 hereof may appeal in writing to the Cabinet requesting that the decision of the Minister of Police be reviewed and stating the reasons for his or her dissatisfaction therewith. Upon any such appeal the decision of the Cabinet shall be final.
87 Wrongful possession of permit.
Any permit under section 83 hereof found in the possession of any person other than the person to whom it was granted may be seized by any police constable and such permit shall not be returned to the owner except upon the direction of the Minister of Police.
88 Permit to be cancelled if holder contravenes terms.
The permit of any person who shall purchase, drink, procure, or be in possession of intoxicating liquor otherwise than on the terms and conditions specified in such permit may be cancelled by the Cabinet.
89 All sales of liquor to be endorsed on permit.
(1) On the occasion of any sale of intoxicating liquor (other than liquor sold for consumption on the premises) to any person producing a permit granted under section 83 hereof the vendor shall endorse on such permit the quantity and description of liquor sold and the date of sale and shall sign such endorsement himself.
(2) Any vendor who at the time of any such sale as is specified in subsection (1) of this section shah neglect or omit to endorse the purchaser's permit in accordance with the requirements of such subsection or shall knowingly make a false endorsement thereon shall be guilty of an offence.
90 Supplying liquor in excess of terms of permit.
Any person whether a licensee or not who shall knowingly give, sell, supply or in any way procure to or for any holder of a permit under section 83 hereof or shall in any way aid or abet in the giving, selling, supplying or procuring to or for such holder as aforesaid intoxicating liquor otherwise than on the terms and conditions stated in such permit shall be guilty of an offence.
91 Persons found under the influence of liquor in a public place.
Any person found under the influence of liquor in any public place may be arrested by a police officer and shall upon conviction be liable to a fine not exceeding $10 and in default of payment to imprisonment for any term not exceeding one month, and may be called upon by the Minister of Police in his absolute discretion, to surrender any permit issued to him or her under section 83 hereof and to have the same cancelled or modified as he shall think fit.
92 Temporary permits.
Notwithstanding anything to the contrary contained in this Act it shall be lawful, upon the application of a local resident, who is himself in possession of a permit issued under section 83, for the Minister of Police to issue in respect of any person or class or persons visiting the Kingdom for a limited period a temporary permit for such person or class of persons to drink liquor or to purchase liquor for consumption upon any licensed premises but not to purchase liquor for consumption off such licensed premises. No permit issued under this section shall be valid for more than 30 days from the date of issue thereof.
93 Exemptions.
It shall be lawful for His Majesty in Council by Order to exempt from the provisions of Part II of this Act any persons or class of persons he may deem fit.
PROHIBITION ORDERS
94 Prohibition orders.
(1) Upon the application of any person to whom a permit has been issued under section 83 of this Act, or upon the application of any relative of such person or upon the application of the Minister of Police, and upon proof that such person is of confirmed intemperate habit, a magistrate may make a prohibition order in respect of such person.
(2) A magistrate shall before making a prohibition order (except where the person to be prohibited is himself the applicant therefor) issue a summons requiring the person against whom such order is sought to attend and show cause why a prohibition order should not be made against him. If at the time appointed by the summons such person shall fail to attend, it shall be lawful for the magistrate, notwithstanding his absence, upon proof on oath that such summons has been duly served to hear and adjudicate upon the application for such order.
(3) Any liquor in the possession of a prohibited person may be seized by the police.
(4) A prohibition order shall be in the form set out in the Sixth Schedule hereto.
95 Rescission of order after 3 years.
(1) A prohibition order may at any time not less than 3 years after the date of the order be rescinded by the magistrate of the district in which the prohibited person resides upon the application of the prohibited person.
(2) The prohibited person shall apply for summonses directed to the party who sought the order (if any other than the prohibited person) and the officer in charge of the police of the district calling upon them to appear before the magistrate on a day not less than 14 days after the date of summons to show cause why the prohibition order should not be rescinded.
(3) Upon the parties appearing in answer to the summonses, or, in the absence of any party other than the prohibited person upon proof of the service of the summons, or if the person who sought the order is dead or has left the Kingdom, then upon proof of such death or departure, the magistrate may proceed to hear and adjudicate upon the application; and if it is made to appear to him that the prohibited person has in all respects complied with the prohibition order, he may make an order rescinding the same.
96 Final prohibition order.
Where any person who has been the subject of a prohibition order which has been rescinded is within 3 years after such rescission convicted of drunkenness or of any offence against this Act or is at any time found after due inquiry by a magistrate to be of confirmed intemperate habit, the magistrate shall make an order to prohibit such person from drinking or having in his possession any intoxicating liquor for the term of such person's life and such order shall be called a final prohibition order.
97 Magistrate to publish prohibition order.
Whenever a magistrate has made a prohibition order or an order under section 95 hereof he shall cause a written notice of the order to be given to all licensees and secretaries of registered clubs and shall cause a like notice to be published in the Gazette and exhibited in a prominent position in some part of the Magistrate's Court to which the public have access.
98 Penalty for prohibited person found drinking.
Any person against whom a prohibition order is made who is found in possession of or drinking intoxicating liquor shall be guilty of an offence.
99 Supplying prohibited person.
Whosoever knowing that any person is the subject of a prohibition order directly or indirectly supplies or assists in supplying such person with intoxicating liquor shall be guilty of an offence.
100 Publican's servant liable to penalty.
Every servant and agent of any holder of a publican's licence who knowingly permits any person against whom a prohibition order is in force to be in or remain upon the licensed premises of such publican shall be liable to a fine not exceeding $20 and in default of payment to imprisonment for any term not exceeding 2 months but nothing in this section contained and no conviction of a servant or agent thereunder shall be deemed or construed as in any way altering or diminishing the liability or responsibility of any licensed publican for the acts or omissions of his servants or agents.
101 Prohibited person shall not go in licensed premises.
Every holder of a publican's licence who permits any person against whom a prohibition order is in force or any person to whom a permit has not been issued under section 83 of this Act (other than a waiter or a servant employed by the publican or a servant of a guest or lodger) to be or remain on his licensed premises without any legitimate reason for so being shall be guilty of an offence and on conviction shall be liable to a fine not exceeding $10 and in default of payment to a term of imprisonment not exceeding one month and any prohibited person so being or remaining on the said licensed premises shall be liable to the same penalty.
PART III. -GENERAL
102 General penalty.
Any person convicted of an offence against this Act shall if no other penalty is provided be liable for the first offence to a penalty not exceeding $100 or in default of payment to imprisonment for any term not exceeding 3 months. For a second or any subsequent offence the offender shall be liable to a penalty not exceeding $200 or in default of payment to imprisonment for any term not exceeding 6 months and where such offender is a licensee his licence may by order of the Court be declared forfeit and he may be disqualified for any period or for ever from holding any licence. Where such second or subsequent offence is committed by a person other than a licensee the Court in addition to any penalty imposed upon the offender may make a prohibition order against him.
103 Licensee responsible for acts of his servants.
Every licensee shall be liable and responsible for any acts or omissions of his servants or agents in contravention of the provisions of this Act and where any licensee is charged with an offence against this Act it shall be lawful to convict such licensee notwithstanding that it shall appear that the offence charged was not committed by such licensee personally but by his servant or agent.
104 Procedure on prosecution.
(1) All proceedings for offences against this Act or for recovery of any forfeiture or money under this Act shall be by summons before a magistrate and the mode of procedure shall be according to the law in force for the time being in respect of other offences punishable on conviction before a magistrate.
(2) All such proceedings may be prosecuted in the name or at the instance of the Attorney-General. (Amended by Act 46 of 1988)
105 Limitation.
No conviction shall take place under this Act upon any complaint which shall not have been made within 4 months next after the commission of the offence charged.
106 Certificate of government analyst.
In any proceedings under this Act a certificate purporting to be signed by a Government analyst stating the alcoholic contents and nature thereof in any liquid submitted for his examination, shall be admissible in evidence for all the purposes of this Act.
107 Every liquid to be deemed liquor.
In any proceedings for an offence under this Act, where the informant relies on the fact, or orally alleges, that any liquid is or may be liquor, such liquid shall be deemed to be liquor until the contrary is proved.
108 Delivery of liquor prima facie evidence of sale.
The delivery of any liquor shall be prima facie evidence of sale within the meaning of this Act, so as to support a conviction, unless satisfactory proof to the contrary shall be adduced to the court hearing the same.
109 Burden of proof.
Any exception, exemption, proviso, excuse or qualification whether it does or does not accompany in the same section the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the charges or complaint, and, if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant.
110 Power to make rules.
(1) The Cabinet may from time to time as occasion may require and as may be deemed expedient make, alter, add to, or revoke rules for carrying into effect the provisions of this Act, for prescribing the several forms to be used and generally respecting all matters incidental to the working of this Act.
(2) By such rules there may be imposed in respect to the breach of any of them a penalty not exceeding the sum of $20.
________________________
FIRST SCHEDULE
(Section 4(2))
(Substituted by Act 20 of 1987)
LICENCE FEES
Wholesale Licence $200.00
Bottle Licence $200.00
Publican Licence $400.00
Packet Licence $300.00
Club Licence $300.00
Occasional Licence $20.00
Restaurant Licence $175.00
Transfer of An Licence $20.00
Duplicate of Lost Licence $10.00
SECOND SCHEDULE
FORM OF LICENCES
WHOLESALE LICENCE
(Section 9)
Licence is hereby granted to ................................. of ....................................... to exercise the trade of Wholesale Wine and Spirit Merchant.
This Licence applies only to the premises situated at ..................................................... and at present occupied by ................................................, and will expire on the ........... day of ......................................................,19 .......... Liquor to be kept (specify the place in premises where liquor is to be stored)........................
Given under my hand this ............ day of .............................., 19 .......... Fee paid: $
Licensing Officer.
BOTTLE LICENCE
(Section 11)
(Amended by Act 10 of 1981)
Licence is hereby granted to ................................. of ....................................... to sell in accordance with the provisions of the Intoxicating Liquor Act intoxicating liquor in quantities of not less than 330 millilitres in one sealed container to any person at any one time, such liquor to be consumed off the premises herein specified.
This Licence applies only to the premises situated at .......................................... and at present occupied by ................................................, and will expire on the ........... day of ......................................................, 19 .......... Liquor to be kept (specify the place in premises where liquor is to be stored)........................
Given under my hand this ............ day of ................................, 19 .......... Fee paid: $
Licensing Officer.
PACKET LICENCE
(Section 19)
Kingdom of Tonga
Licence is hereby granted to .......................................... being the master of the foreign vessel ................................................, to sell intoxicating liquor for consumption on board such vessel in accordance with the provisions of the Intoxicating Liquor Act whilst within the limits of the Kingdom.
This Licence shall commence on the .......... day of ............................... next and will expire on the ........... day of ............................. 19 ........, provided it be not forfeited or cancelled in the meantime.
Given under my hand this ............ day of ....................................., 19 ..........
Licensing Officer.
CLUB LICENCE
(Section 20)
Licence is hereby granted to ......................................., being the Secretary of a Club known as the ......................................... and duly registered in that name in accordance with the Intoxicating Liquor Act, and occupying premises known as ......................................................................... situated at .................................................................., to sell upon such premises to bona fide members of the said Club intoxicating liquor in any quantity less than 10 litres at any one time in accordance with the provisions of the Intoxicating Liquor Act.
This Licence shall commence on the .......... day of ............................... next and will expire on the ........... day of ............................. 19 ........, provided it be not forfeited or cancelled in the meantime.
Given under my hand this ............ day of ..............................., 19 .......... Fee paid: $
Licensing Officer.
OCCASIONAL LICENCE
(Section 28)
Whereas .................................. of ................................................ has made application to me for the issue to him of an occasional licence for the place and time hereinafter mentioned, and whereas the said ..................................................................................... has paid the sum of ............................................... as the fee for such licence. Now, I, ................................................... do hereby declare that the said ................................... is licensed to sell liquor by the glass at the ................................. for a period of .......... hours commencing from ............................ o'clock in the .............. noon, on the ........... day of ............................................... 19 ......, provided this licence be not cancelled or forfeited in the meantime.
Given under my hand this ............ day of ....................................., 19 ..........
Licensing Officer.
PUBLICAN'S LICENCE
(Section 29)
(Amended by Act 10 of 1981)
Licence is hereby granted to .................... of .............................................. to sell intoxicating liquor for consumption on or off the undermentioned premises in accordance with the provisions of the Intoxicating Liquor Act.
Intoxicating Liquor sold under this licence for consumption off the licensed premises must be sold in not less quantity than 330 millilitres in one sealed container to any one person at a time.
This licence applies only to the premises situated at ....................................................... and at present occupied by ................................................. and will expire on the .................. day of ............................................................ 19 ...........
Given under my hand this ............ day of ....................................., 19 ..........
Licensing Officer.
RESTAURANT LICENCE
(Section 44)
Licence is hereby granted to .............................................. of ....................................... to sell or supply intoxicating liquor for consumption on the undermentioned premises during the permitted hours by any person who partakes of a substantial meal cooked on the premises and otherwise in accordance with the provisions of the Intoxicating Liquor Act. This licence applies only to the premises at................ and at present occupied by............................... and will expire on the.......... day of ...................... 19.......
Licensing Officer.
THIRD SCHEDULE
FORMS OF APPLICATION
NOTICE OF APPLICATION FOR A LICENCE OTHER THAN A PACKET LICENCE
(Sections 46 and 47)
I, ............................... of .................................. do hereby give notice that I desire to obtain and do apply for a certificate recommending the issue of a .................................................. licence for the premises situated at ......................... and to be known as .................................. (containing ............................ rooms exclusive of those required for private use).1
Dated the .......................................... day of ........................... 19.....
.............................................
Applicant
1Delete these words except where a Publican's Licence is applied for.
NOTICE OF APPLICATION FOR A PACKET LICENCE
(Section 48)
I, ............................... of ................................ hereby give notice that I desire to obtain and so apply for a Packet Licence for the vessel (here describe the vessel).
The address of the owner (or agent) of the said vessel is:
Dated this .......................................... day of ........................... 19.....
Signed. ........................................................
Applicant.
NOTICE OF APPLICATION TO REMOVE A PUBLICAN'S LICENCE TO OTHER PREMISES
(Section 54)
I, ............................... of ............................ do hereby give notice that I desire to obtain and do apply for the removal of the Publican's Licence for the premises known as ........................................................................ situate at ................. to the premises known as .... situate at ..................
Dated this .......................................... day of ........................... 19.....
Signed. ........................................................
Applicant.
Address. .......................................................
FOURTH SCHEDULE
AUTHORISING CERTIFICATE
CERTIFICATE TO AUTHORISE THE ISSUE OF A LICENCE OTHER THAN A PACKET LICENCE
(Section 50)
The requisite notice of application for this Certificate having been presented to His Majesty's Cabinet on the ............................................................ day of ............. 19............., and it appearing to His Majesty's Cabinet that there is no cause why the licence applied for should not be granted, I, the undersigned, having been duly authorized in that behalf by His Majesty's Cabinet, do approve of the issue to ....................................................... of ....................................... of a ..................................... (here state type of licence) in respect of the premises known as ................................. and situate at .....................................................................................
Given under my hand this ............. day of ........................... 19........, at
Minister of Police.
CERTIFICATE TO AUTHORISE THE ISSUE OF A PACKET LICENCE
(Section 50)
I, the undersigned, with the consent of His Majesty's Cabinet, do hereby authorize the issue to ............................................................ being the master of the .......................................... (here state name and classification of vessel) of a packet licence for such vessel for the year ending 31st December, 19.....
Given under my hand at ..................... this ......... day of .............. 19.....
Minister of Police.
CERTIFICATE TO AUTHORISE THE REMOVAL OF A LICENCE TO OTHER PREMISES
(Section 54)
The requisite notice of application for this certificate having been presented to His Majesty's Cabinet and it appearing to the said Cabinet that the premises to which the removal of the licence is desired contain the requisite accommodation, 1, the undersigned, with the approval of His Majesty's Cabinet, do hereby order the removal of the licence held by ...................... in respect of the premises known as ......................................... situate at to the premises known as ............................ situate at .......................... ...................................... in the same district.
Given under my hand at ............. this ........... day of ................... 19.....
Minister of Police.
FIFTH SCHEDULE
PERMIT TO DRINK INTOXICATING LIQUOR
(Section 83)
Permission is hereby granted to ............................................. (here state nationality, residence and occupation of applicant) to purchase intoxicating liquor on the conditions and in the quantities following, that is to say-
This permit will expire on the ............... day of ............................ 19.....
Given under my hand this .................... day of ............................ 19.....
Minister of Police.
NOTE: The person selling any intoxicating liquor to the holder of this permit (other than liquor sold by a publican or club secretary for consumption on the premises) is bound by law to endorse hereon the quantity and description of liquor sold with the date of sale and to sign such endorsement.
(on back of form)
Date .............
Description and quantity
Name of Vendor of Liquor sold.
SIXTH SCHEDULE
LIQUOR PROHIBITION
Prohibition Order
(Section 94)
In the Magistrate's Court at ..........................................................
Upon hearing ............................... of ...................................... on his own application.
OR
Upon hearing the application of ......................................... of .................................... that a prohibition order under the provisions of the Intoxicating Liquor Act should be made against ................................................................. of ................................................................................
IT IS ORDERED that the said ........................... of .............................., is not to have in his possession or to drink any intoxicating liquor.
Dated this ................................................. day of ................................................ 19.....
..........................................
Magistrate.
PUBLIC NOTICE OF PROHIBITION ORDER
(Section 97)
A Prohibition Order
A Final Prohibition under Section 97 of the Intoxicating Liquor Act has this day been made against (insert name, residence and occupation of person against whom order has been made) in the Magistrate's
Court at ..................................................................................... and he is not to be supplied with
any intoxicating liquor.
Dated this .......................................... day of ........................... 19.....
........................................................
Magistrate.
PUBLIC NOTICE OF RESCISSION ORDER
(Section 95)
AN ORDER rescinding the Prohibition Order made against .......................... (name, address and occupation of person concerned) on the ............ day of .............................. 19.........., has this day been made in the Magistrate's Court at ...............................
Dated this .......................................... day of ........................... 19.....
.............................................
Magistrate.
SEVENTH SCHEDULE
LIQUOR SALES BOOK
(Sections 14 and 29)
| Date | Purchaser | Address | Nationality | Liquor | Quantity | Permit No |
| | | | | | | |
| | | | | | | |
LIQUOR STOCK BOOK
(Section 13)
| Date of Receipt | Description of Liquor Received | Quantity | From whom Received |
| | | | |
| | | | |
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