SPIRIT LICENCE ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Spirits not to be sold without licence

   4   Sales exempted

   5   Description of licences

   6   Duration of licences

   7   Authority conferred by licences

   8   Licences not to be granted within four hundred metres of distillery without sanction of Minister

   9   Presumption of sale on supply of spirits

   10   Licences

   11   Procedure for obtaining wholesale licence

 

Licensing Authority

   12   Constitution of Licensing authority

      Resident Magistrate to be chairman

      Quorum

      Vacancies may be filled by Minister

      Vacancy not to invalidate authority

      Offence for Justice of the Peace to sit when not competent

      Kingston and St. Andrew deemed separate parishes

 

Sittings of Licensing Authority

   13   Licensing sessions

   14   Applications to be made at sessions

   15   [Deleted by Act 23 of 1993.]

      Provision if no quorum.

 

Application for Licences

   16   Applications for licences, how and when made

   17   Copy of application to be delivered to Superintendent

   18   Licence, other than wholesale

   19   Requirements of premises to be used

   20   Grounds for refusal of application

 

Opposition

   21   Opposition to granting or renewal of licence

   22   Party opposing and applicant entitled to appear at session

   23   Costs may be awarded in case of unreasonable opposition

   24   Summoning witnesses

   25   Hearing and dealing with applications

   26   Grant or refusal of licences

   27   Duration of licences. Clerk to keep records

 

Transfer of Licences

   28   Transfer of licence

   29   Order to be made on transfer

 

Special and Occasional Licences

   30   Licences which may be granted by Minister. Subject to restrictions. Form

   31   Special hotel licence, granting of and conditions applicable

   32   Licences for public entertainments, etc

   33   Power of Licensing Authority to permit sale of spirits, by holder of town retail or tavern licence at race-meetings

 

Hours of Opening and Closing Licensed Premises

   34   Power of Minister to prescribe hours and days for opening of licensed premises

   35   Special licence to keep open until midnight

   36   Penalty for opening after hours of retail house, tavern or hotel

 

Obligations of Licensees

   37   Sign board to be affixed to premises

   38   Retailer to keep stock book

   39   Penalty for non-production or obliteration of licence

      Minister may refund or remit duty

 

General Provisions

   40   Refund of amounts overpaid

   41   Evidence required to prove sale or consumption of liquor

   42   Seizure and detention of spirits illegally sold or exposed for sale

   43   Licensed premises shall be held as one

   44   Volunteer canteen, no licence required

   45   Endorsation of convictions, and forfeiture of licences

   46   Superintendent to be satisfied as to accommodation

   47   Noxious or detrimental substance

   48   Certificate of Government Analyst sufficient evidence

   49   Costs payable in addition to penalty

   50   Vested right not created by grant of licence

   51   Exemption

   52   Supervision and entry by police of licensed premises

   53   Penalty for reducing spirits with anything but pure water

   54   Penalty for selling rum of insufficient strength

   55   Offences by licensed persons

   56   Penalty for keeping a disorderly house

   57   Penalty for permitting premises to be a brothel

   58   Offences in licensed premises

   59   Constable may require name and address of person found on premises

      Penalty for false representation, or buying after hour

   60   Revenue officer's power to enter premises and make search

   61   Search warrant

   62   Offences

   63   Power to refuse to admit and turn out person drunk, etc

   64   Closing of premises consequent on riot

   65   Proof of conviction

   66   Neglect of Clerk, penalty for

   67   Penalties not otherwise provided for

   68   Recovery of penalty for selling without licence

   69   Recovery of penalties

   70   Service of summons

 

Appeal

   71   Appeal

   72   Power of search, etc

      SCHEDULES

 

THE SPIRIT LICENCE ACT

[Date of Commencement: 1st February, 1928]

Cap 364.

Laws
65 of 1954,
26 of 1955,
19 of 1960.

Acts
42 of 1969,
12 of 1985,
23 of 1988,
23 of 1993,
11 of 2004,
10 of 2012.

LNs
73/2003,
143C/03,
64F/04.

Preliminary (sections 1-11)

1   Short title

   This Act may be cited as the Spirit Licence Act.

2   Interpretation

   In this Act-

   "alcoholic liquor" means spirits, wine or beer, or any mixture, beverage, or preparation containing the same;

   "applicant" means a person applying for a license under this Act;

   "beer" means liquor fermented from malted barley or other malted grain or any substitute for malted grain; this term includes ale, stout, porter, spruce beer, black beer, and any description of beer; and also any liquor which is made or sold as a description of beer or as a substitute for beer, containing more than two per centum of proof spirit;

   "Clerk" means the Clerk of the Courts or the parish in which anything is done or required to be done;

   "club" means a club registered as a proprietary club under the Registration of Clubs Act for the time being in force and in which any intoxicating liquor is supplied;

   "Collector" means the Collector, or Assistant Collector of Taxes for the parish as aforesaid;

   "compounder" means a person preparing compounds;

   "compounds" means spirits which have been prepared on the Island by adding any ingredient or flavouring to rum or any other spirit;

   "estate" means any estate, plantation or other landed property whereon any spirit is distilled or manufactured;

   "foreign liqueurs" means spirits flavoured or sweetened and imported into the Island by whatever name the same are sold;

   "guest" means a person using any licensed premises for lodging during the night or taking a meal therein

   "hotel" means a house where the business of providing adequate lodging and board for guests and also sufficient stabling or garage accommodation is the principal business carried on and where the sale of spirituous liquors is carried on only as subsidiary to such business;

   "house" and "premises" include every room and place under the same roof or within the same curtilage occupied with or as appurtenant to any house, premises room or place;

   "licence" means any licence granted under this Act;

   "licensed" (as regards persons or premises) means the person to whom a licence is issued and the premises in which a trade is licensed to be carried on under this Act;

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