- PRELIMINARY
- PART I LICENCES
- Sale of liquor and kinds of licences
- Hotel liquor licence
- Restaurant liquor licence
- Shebeen liquor licence
- Club liquor licence
- Special liquor licence
- Temporary liquor licence
- Bottle store licence
- Grocery liquor licence
- Wholesale liquor licence
- Brewery depot licence
- Distillery licence
- Vineyard liquor licence
- Parks liquor licence
- PART II LICENCE CONSIDERATIONS AND IMPOSING OF CONDITIONS
- PART III REGIONAL LIQUOR LICENSING
- Application
- Regional Liquor Licensing Committees
- Secretaries of Committees
- Proceedings of Committees
- Applications to a Committee
- Objections and submissions
- Hearings by a Committee
- Conditional authority for proposed or incomplete premises
- Removal of licenses
- Applications to a magistrate
- Transfer of licences
- Acquiring of controlling interest
- Change of trade name of licensed premises
- Leasing of licensed premises
- Change of manager
- Issue of licences or authorities
- Registers of licences
- PART IV APPEALS
- PART V LICENCE REQUIREMENTS AND RESTRICTIONS
- Supply of non-alcoholic refreshments
- No duty to trade
- Other business on certain licensed premises
- Consumption on and away from premises
- Further off-sales conditions
- Liquor to be sold during business hours only
- Brand reliability and alcohol content
- Display of licence and other notices
- Alterations to licensed premises
- Managers of accommodation establishments
- Certain licence holders not to own certain other licensed businesses
- Ties.
- Restriction on credit and payment
- Supply of liquor to employees
- Supply of alcoholic substances to persons under the age of 18 years
- Consumption of liquor in a public place
- PART VI CONTROL OF CERTAIN ALCOHOLIC SUBSTANCES AND PROHIBITIONS
- PART VII CONTROL AND INSPECTIONS
- PART VIII JUDICIAL MATTERS
- PART IX GENERAL AND SUPPLEMENTARY
- Exempt transactions
- Exemptions from licensing
- Condonation of defective applications
- Regulations
- Amendment of section 1 of Act 74 of 1962, as amended by section 1 of Act 10 of 1991
- Amendment of section 6 bis of Act 74 of 1962, as amended by section 6 ofAct 10 of 1991
- Substitution of section 1 of Proclamation 3 of 1924, as amended by section2 of Ordinance 14 of 1937, section 1 of Ordinance 1 of 1938 and section 28 of Ordinance 47 of 1952
- Amendment of section 2 of Proclamation 3 of 1924, as amended by section 3 of Ordinance 14 of 1937
- Substitution of section 3 of Proclamation 3 of 1924, as substituted by section 3 of Ordinance 9 of 1935
- Substitution of section 3 bis of Proclamation 3 of 1924, inserted by section 4 of Ordinance 14 of 1937
- Repeal of laws, savings and transitional provisions
- Short title and commencement
- FIRST SCHEDULE
- SECOND SCHEDULE
- THIRD SCHEDULE
- FOURTH SCHEDULE
GOVERNMENT GAZETTE
OF THE
REPUBLIC OF NAMIBIA
N$11.19 WINDHOEK -17 April 1998 No. 1843
CONTENTS
Page
GOVERNMENT NOTICE
No.91 Promulgation of Liquor Act, 1998 (Act No.6 of 1998), of the Parliament ........
Government Notice
OFFICE OF THE PRIME MINISTER
No. 91 1998
PROMULGATION OF ACT
OF PARLIAMENT
The followil).gAct which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No.6 of 1998: Liquor Act, 1998.
ACT
To consolidate and amend the laws relating to the control of the sale and supply of liquor; and to provide for matters incidental thereto.
(Signed by the President on 3 April 1998)
PRELIMINARY
ARRANGEMENT OF SECTIONS
Section
1. Definitions
PART I LICENCES - Sale of liquor and kinds of licences
- Hotel liquor licence
- Restaurant liquor licence
- Shebeen liquor licence
- Club liquor licence
- Special liquor licence
- Temporary liquor licence
- Bottle store licence
- Grocery liquor licence
- Wholesale liquor licence
- Brewery depot licence
- Distillery licence
- Vineyard liquor licence
- Parks 1iquor licence
- PART II LICENCE CONSIDERATIONS AND IMPOSING
- Consideration of licence applications
- Imposing of conditions
- Managers
- Disqualified persons
- Contents of licence
- Duration and termination of licences
- Fees
PART III
OF CONDITIONS
REGIONAL LIQUOR LICENSING - Application
- Regional Liquor Licensing Committees
- Secretaries of Committees
- Proceedings of Committees
- Applications to Committees
- Objections and submissions
- Hearings by a Committee
- Conditional authority for proposed or incomplete premises
- Removal of licences
- Applications to a magistrate
- Transfer of licences
- Acquiring of controlling interest
- Change of trade name of licensed premises
- Leasing of licensed premises
- Change of manager
- Issue of licences or authorities
- Registers of licences
- PART IV
APPEALS
- Liquor licensing appeals
- The lodging and hearing of appeals
- PART V LICENCE REQUIREMENTS AND RESTRICTIONS
- Supply of non-alcoholic refreshments
43: No duty to trade - Other business on certain licensed premises
- Consumption on and away from premises
- Further off-sales conditions
- Liquor to be sold during business hours only
- Brand reliability and alcohol content
- Display of licence and other notices
- Alterations to licensed premises
- Managers of accommodation establishments
- Certain licence holders not to own certain other licensed businesses
- Ties
- Restrictions on credit and payment
- Supply of liquor to employees
- Supply of alcoholic substances to persons under the age of 18 years
- Consumption of liquor in a public place
- PART VI CONTROL OF CERTAIN ALCOHOLIC SUBSTANCES AND PROHIBITIONS
- Prohibited concoctions, brews and drinks
- Prohibited production
- Methylated spirit fil Yf'.~"t
PART VII
CONTROL AND INSPECTIONS
- Inspection of premises
- Police powers of entry and seizure and to demand names of persons
- Report by police or district health officer
- Petition by residents
- Temporary closure of licensed premises during tumult
- Inspectors of premi ses
PART VIII
JUDICIAL MATTERS
- Liability of licensees, managers and other persons
- Death or disability of licensee or applicant
- Offences by licensees or managers
- Offences in general
- Penalties
- Forfeiture of seized liquor
- Disposal of liquor on termination or cancellation of licence
- Return of licence
PART IX
GENERAL AND SUPPLEMENTARY - Exempt transactions
- Exemptions from licensing
- Condonation of defective applications
- Regulations
- Amendment of section 1 of Act 74 of 1962, as amended by section 1 of Act 10 of 1991
- Amendment of section 6 bis of Act 74 of 1962, as amended by section 6 of Act 10 of 1991
- Substitution of section 1of Proclamation 3 of 1924, as amended by section 2 of Ordinance 14 of 1937, section 1 of Ordinance 1 of 1938 and section 28 of Ordinance 47 of 1952
- Amendment of section 2 of Proclamation 3 of 1924, as amended by section 3 of Ordinance 14 of 1937
- Substitution of section 3 of Proclamation 3 of 1924, as substituted by section 3 of Ordinance 9 of 1935
- Substitution of section 3 bis of Proclamation 3 of 1924, inserted by section 4 of Ordinance 14 of 1937
- Repeal of laws, savings and transitional provisions
- Short title and commencement
SCHEDULES
First Schedule Fees
Second Schedule Laws repealed Third Schedule Transitional provisions Fourth Schedule Requirements for shebeens
BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:
PRELIMINARY Definitions
1. In this Act, unless the context otherwise indicates "accommodation establishment" means premises registered under the Tourism
Ordinance as a hotel, a motel, a pension, a guest house, a lodge, a guest farm,
a rest camp, a caravan park or a safari undertaking;
"advertise" means to advertise in the prescribed manner;
"appellant" means the person who lodges an appeal in terms of section 41 ;
"appeal" means an appeal lodged in terms of section 41;
"applicant" means a person who applies for a licence, approval or authority in
terms of this Act;
"apply" means to apply for any licence, approval or authority in terms of this
Act, and "application" has a corresponding meaning;
"beer", means the drink manufactured by a process which includes the
fermentation of an appropriate malt mash, with or without cereals, and flavoured
with hops, additives and preservatives;
"caravan park" means an accommodation establishment registered as a caravan
park under the Tourism Ordinance;
"certificate of renewal" means a certificate issued in terms of section 38(5);
"closed day" means a Sunday or a public holiday referred to in, or declared under, the Public Holidays Act, 1990 (Act 26 of 1990); "Committee" means a regional liquor licensing committee established by section
24(1);
"Committee Chairperson" means the chairperson of a Committee referred to
in section 24(2)(a);
"controlling interest" means any interest of whatever nature in a business or undertaking, enabling the holder of such interest to exercise, directly or indirectly, control of any kind of, or in any way over, the activities or assets of the business or undertaking;
"day" means a calendar day, including a closed day;
"dining room" means movable or immovable premises on which hot or cold meals on seated accommodation during any time of the day are provided to the public on at least five days a week;
"disqualified person" means a person disqualified to hold a licence or to be a manager as contemplated in section 19;
"district" means a district for which a court is established as contemplated in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944);
"district health officer" means a health officer assigned to a local authority area, district or region in which licensed premises are situated;
"financial interest" means any interest arising from the ownership or leasing of a business conducted on a licensed premises, or from the ownership of such premises, or from any share in such ownership of the business, leasing of the business or ownership of the premises;
"guest", in relation to an accommodation establishment, means any person to whom overnight accommodation, with or without meals, is provided for reward in such accommodation establishment and in respect of whom the prescribed particulars have been entered into the guest register of such accommodation establishment in terms of section 41 of the Tourism Ordinance;
"guest farm" means an accommodation establishment registered as a guest farm under the Tourism Ordinance;
"guest house" means an accommodation establishment providing overnight lodging with at least one daily meal;
"health officer" means a person registered or authorized to practise as such, or to practise as a health inspector, under the Allied Health Services Professions Act, 1993 (Act 20 of 1993), or to practise as a sanitary inspector as defined in the Public Health Act, 1919 (Act 36 of 1919);
"hotel", except in the phrase "hotel liquor licence", means an accommodation establishment registered as a hotel under the Tourism Ordinance;
"hotel liquor licence" means a licence granted under section 3 in respect of an accommodation establishment;
"inquiry" includes an appeal in terms of section 41; "inspector" means a person designated as such under subsection (1) of section 67, or referred to in subsection (2) of that section;
"issue", when used in relation to a licence, includes the handing over, or the dispatching by prepaid registered post, of the duly signed licence to the licensee by the officer authorized under this Act to so issue the licence, after payment of the prescribed fee in respect of the issue of the licence;
"issuing authority" means the person or body who or which issues a licence, an authority or an approval in terms of this Act;
"legal practitioner" means a person duly admitted to practise as such under the Legal Practitioners Act, 1995 (Act 15 of 1995);
"licence", except in section 61, means a licence granted and issued under this Act authorizing the sale of liquor or light liquor;
"licensed business" means the business conducted in terms of a licence;
"licensed premises" means the premises in respect of which a licence is granted and which premises are described and specified in the licence;
"licensee" means a person holding a licence issued under this Act and "holder" or "licence holder" has a corresponding meaning;
"light liquor" means any liquor which contains not more than sixteen per cent by volume of alcohol;
"liquor" means - (a)
- any spirituous liquor or any wine or beer containing three per cent or more by volume of alcohol, excluding methylated spirit;
- (b)
- tombo or any other fermented, distilled, spirituous or malted drink, traditional or non-traditional, which contains three per cent or more by volume of alcohol;
- (c)
- any drink or concoction which the Minister by notice in the Gazette declares to be liquor,
and "intoxicating liquor" has a cqrresponding meaning;
"local authority" means - (a)
- a local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act 23 of 1992) and in whose area the licensed premises are situated; or
- (b)
- if the licensed premises are not situated in an area referred to in paragraph (a), the regional council in whose region the licensed premises are situated;
"magistrate" means a person appointed under section 9 of the Magistrates' Courts Act, 1944 (Act 32 of 1944) as a magistrate for the district in which the licensed premises or the premises in respect of which an application in terms of this Act is made, are situated, and includes an additional magistrate;
"manager" means a manager of a licensed business or undertaking, contemplated in section 18;
"meal" means an ordinary meal, or as may be prescribed; "methylated spirit" means - (a)
- spirit denatured in terms of any law relating to the denaturation or methylation of spirit;
- (b)
- any other denatured, medicated, perfumed or otherwise treated spirit which the Minister by notice in the Gazette declares to be methylated spirit for the purpose of this Act;
"Minister" means the Minister of Trade and Industry; "non-alcoholic drink" means a potable drink which is not liquor;
"off-sales" means the selling in terms of an off-sales licence ofliquor in sealed containers - (a)
- to a licence holder for re-sale; or
- (b)
- to any other person for consumption away from the licensed premises on which such liquor is sold;
"off-sales licence" means - (a)
- a bottle store licence;
- (b)
- a grocery liquor licence;
- (c)
- a wholesale liquor licence;
- (d)
- a brewery depot licence;
- (e)
- a distillery licence;
- (f)
- a vineyard liquor licence; or
- (g)
- a parks off-sales liquor licence;
"on-consumption" means the consumption of liquor on the licensed premises on which such liquor is sold;
"on-consumption licence" means - (a)
- a hotel liquor licence;
- (b)
- a restaurant liquor licence;
- (c)
- a shebeen licence;
- (d)
- a club liquor licence;
- (e)
- a special liquor licence;
- (f)
- a temporary liquor licence;
- (g)
- a vineyard liquor licence; or
- (h)
- a parks on-consumption liquor licence;
"Permanent Secretary" means the Permanent Secretary: Trade and Industry; "premises" include
- (a)
- immovable property and its appurtenances; and
- (b)
- the dining room of a train or other vehicle,
in respect of which a licence has been granted;
"prescribe" means prescribe by regulation;
"private bar" means a bar at an accommodation establishment to which bar are admitted - (a)
- the guests lodging overnight at such accommodation establishment;
- (b)
- a person visiting a guest referred to in paragraph (a); or
- (c)
- persons taking a meal in the dining room or restaurant at such accommodation establishment;
"proprietor" means the person who owns a business conducted in or on a licensed premises and who is responsible for the management of such business, whether through a manager or otherwise, and includes the holder of the licence concerned; "public bar" means a bar on the premises of a business conducted in terms of an on-consumption licence and to which the public is admitted;
"public place" means any square, garden, park, recreation ground, show ground, rest camp or other open or enclosed space intended for the use, enjoyment or benefit of the public;
"region" means a region established by the Establishment of the boundaries of regions and Local Authorities in Namibia Proclamation, 1992 (Proclamation 6 of 1992);
"regional council" means a regional council established under section 2 of the Regional Councils Act, 1992 (Act 22 of 1992);
"regulation" means a regulation made or in force under this Act;
"refreshments" means non-alcoholic drinks or snack foods;
"restaurant" means premises on which hot or cold meals on seated accommodation are provided to the public during the course of the day or evening, on at least five days a week, or, in the case of a guest farm, a rest camp, a caravan park or a safari undertaking, are provided to guests when lodging overnight at such guest farm, rest camp, caravan park or safari undertaking;
"rest camp" means an accommodation establishment registered as a rest camp under the Tourism Ordinance;
"safari undertaking" means an accommodation establishment registered as a safari undertaking under the Tourism Ordinance;
"sealed container" means a closed container which cannot be opened without breaking or damaging such container, or any part, seal, adhesive label or other attachment of or to such container;
"seat of the region" means the seat of the regional council of a region as specified in column 3 of Schedule 1 to the Regional Councils Act, 1992;
"secretary" means the secretary of a Committee appointed in terms of section 25;
"sell" includes to exchange, or to offer, display, keep, deliver, supply or dispose of for the purpose of selling, or to authorize, direct or allow to be sold, and "sale" has a corresponding meaning;
"shebeen" means any premises exclusively or mainly used for the sale to, and the consumption on the premises by, the public of light liquor and refreshments, and includes a tavern, but does not include an accommodation establishment, restaurant or club, or any enterprise or undertaking referred to in section 7(1);
"snack foods" means fresh or perishable foods, or packaged or non-perishable foods as may be prescribed;
"spirituous liquor" means distilled substances of any description and also any liquor which contains more than sixteen per cent by volume of a1cohol;
"this Act" includes any regulation;
"tombo" means the traditional or home-brewed a1coholic drink, also known as sorghum beer, made from a fermentation of mahango, sorghum or other cereal or vegetable matter, with or without additives;
"tourist" means a tourist as defined in the Tourism Ordinance;
"Tourism Ordinance" means the Accommodation Establishments and Tourism Ordinance, ] 973 (Ordinance 20 of 1973); and
"yeast" means any substance produced by the propagation of a fungus as a froth or sediment during the a1coholic fermentation of malt worts or other saccharine fluids, and which is used in the brewing of beer, in the leavening of bread or for medical purposes.
PART I
LICENCES
Sale of liquor and kinds of licences
2. (] ) Subject to sections 76 or 77, no person shall sell liquor, except pursuant to and in terms of a current licence authorizing the sale of such liquor. - (2)
- The following licences authorising the sale of liquor by the licensee may, subject to the further provisions of this Act, upon application by any person who complies with the requirements and qualifications prescribed by this Act, be granted and issued to such person:
- (a)
- On-consumption licences
- (i)
- hotel liquor licence;
- (ii)
- restaurant liquor licence;
(iii) shebeen licence; - (iv)
- club liquor licence;
- (v)
- special liquor licence;
- (vi)
- temporary liquor licence;
(vii) parks on-consumption liquor licence; - (b)
- off-sales licences
- (i)
- bottle store licence;
- (ii)
- grocery liquor licence;
(iii) wholesale liquor licence; - (iv)
- brewery depot licence;
- (v)
- distillery licence;
- (vi)
- parks off-sales liquor licence;
- (c)
- on-consumption or off-sales licence, or on-consumption and off-sales licence
vineyard liquor licence. - (3)
- No licence shall be granted to or be issued in the name of a disqualified person.
- (4)
- A licence granted or issued in contravention of subsection (3) shall be null and void ab initio.
Hotel liquor licence
3. (1) A hotel liquor licence may, upon an application made in terms of subsection (2), be granted and issued to, and be held by, the proprietor of an accommodation establishment other than a guest house, if the accommodation establishment maintains a dining room or restaurant on the premises where the accommodation establishment is conducted. - (2)
- An application for a hotel liquor licence shall
- (a)
- be made in the prescribed form and manner; and
- (b)
- together with the application fee imposed by the First Schedule, be lodged with the Chairperson of the Committee established for the region in which the accommodation establishment contemplated in subsection (l) is situated.
- (3)
- The Committee Chairperson referred to in paragraph (b) of subsection (2) shall, in consultation with the Permanent Secretary: Environment and Tourism, consider the application and may
No. 1843 Government Gazette 17 April 1998
Act No.6, 1998
OF THE
REPUBLIC OF NAMIBIA
N$11.19 WINDHOEK -17 April 1998 No. 1843
CONTENTS
Page
GOVERNMENT NOTICE
No.91 Promulgation of Liquor Act, 1998 (Act No.6 of 1998), of the Parliament ........
Government Notice
OFFICE OF THE PRIME MINISTER
No. 91 1998
PROMULGATION OF ACT
OF PARLIAMENT
The followil).gAct which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No.6 of 1998: Liquor Act, 1998.
ACT
To consolidate and amend the laws relating to the control of the sale and supply of liquor; and to provide for matters incidental thereto.
(Signed by the President on 3 April 1998)
PRELIMINARY
ARRANGEMENT OF SECTIONS
Section
1. Definitions
PART I LICENCES - Sale of liquor and kinds of licences
- Hotel liquor licence
- Restaurant liquor licence
- Shebeen liquor licence
- Club liquor licence
- Special liquor licence
- Temporary liquor licence
- Bottle store licence
- Grocery liquor licence
- Wholesale liquor licence
- Brewery depot licence
- Distillery licence
- Vineyard liquor licence
- Parks 1iquor licence
- PART II LICENCE CONSIDERATIONS AND IMPOSING
- Consideration of licence applications
- Imposing of conditions
- Managers
- Disqualified persons
- Contents of licence
- Duration and termination of licences
- Fees
PART III
OF CONDITIONS
REGIONAL LIQUOR LICENSING - Application
- Regional Liquor Licensing Committees
- Secretaries of Committees
- Proceedings of Committees
- Applications to Committees
- Objections and submissions
- Hearings by a Committee
- Conditional authority for proposed or incomplete premises
- Removal of licences
- Applications to a magistrate
- Transfer of licences
- Acquiring of controlling interest
- Change of trade name of licensed premises
- Leasing of licensed premises
- Change of manager
- Issue of licences or authorities
- Registers of licences
- PART IV
APPEALS
- Liquor licensing appeals
- The lodging and hearing of appeals
- PART V LICENCE REQUIREMENTS AND RESTRICTIONS
- Supply of non-alcoholic refreshments
43: No duty to trade - Other business on certain licensed premises
- Consumption on and away from premises
- Further off-sales conditions
- Liquor to be sold during business hours only
- Brand reliability and alcohol content
- Display of licence and other notices
- Alterations to licensed premises
- Managers of accommodation establishments
- Certain licence holders not to own certain other licensed businesses
- Ties
- Restrictions on credit and payment
- Supply of liquor to employees
- Supply of alcoholic substances to persons under the age of 18 years
- Consumption of liquor in a public place
- PART VI CONTROL OF CERTAIN ALCOHOLIC SUBSTANCES AND PROHIBITIONS
- Prohibited concoctions, brews and drinks
- Prohibited production
- Methylated spirit fil Yf'.~"t
PART VII
CONTROL AND INSPECTIONS
- Inspection of premises
- Police powers of entry and seizure and to demand names of persons
- Report by police or district health officer
- Petition by residents
- Temporary closure of licensed premises during tumult
- Inspectors of premi ses
PART VIII
JUDICIAL MATTERS
- Liability of licensees, managers and other persons
- Death or disability of licensee or applicant
- Offences by licensees or managers
- Offences in general
- Penalties
- Forfeiture of seized liquor
- Disposal of liquor on termination or cancellation of licence
- Return of licence
PART IX
GENERAL AND SUPPLEMENTARY - Exempt transactions
- Exemptions from licensing
- Condonation of defective applications
- Regulations
- Amendment of section 1 of Act 74 of 1962, as amended by section 1 of Act 10 of 1991
- Amendment of section 6 bis of Act 74 of 1962, as amended by section 6 of Act 10 of 1991
- Substitution of section 1of Proclamation 3 of 1924, as amended by section 2 of Ordinance 14 of 1937, section 1 of Ordinance 1 of 1938 and section 28 of Ordinance 47 of 1952
- Amendment of section 2 of Proclamation 3 of 1924, as amended by section 3 of Ordinance 14 of 1937
- Substitution of section 3 of Proclamation 3 of 1924, as substituted by section 3 of Ordinance 9 of 1935
- Substitution of section 3 bis of Proclamation 3 of 1924, inserted by section 4 of Ordinance 14 of 1937
- Repeal of laws, savings and transitional provisions
- Short title and commencement
SCHEDULES
First Schedule Fees
Second Schedule Laws repealed Third Schedule Transitional provisions Fourth Schedule Requirements for shebeens
BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:
PRELIMINARY Definitions
1. In this Act, unless the context otherwise indicates "accommodation establishment" means premises registered under the Tourism
Ordinance as a hotel, a motel, a pension, a guest house, a lodge, a guest farm,
a rest camp, a caravan park or a safari undertaking;
"advertise" means to advertise in the prescribed manner;
"appellant" means the person who lodges an appeal in terms of section 41 ;
"appeal" means an appeal lodged in terms of section 41;
"applicant" means a person who applies for a licence, approval or authority in
terms of this Act;
"apply" means to apply for any licence, approval or authority in terms of this
Act, and "application" has a corresponding meaning;
"beer", means the drink manufactured by a process which includes the
fermentation of an appropriate malt mash, with or without cereals, and flavoured
with hops, additives and preservatives;
"caravan park" means an accommodation establishment registered as a caravan
park under the Tourism Ordinance;
"certificate of renewal" means a certificate issued in terms of section 38(5);
"closed day" means a Sunday or a public holiday referred to in, or declared under, the Public Holidays Act, 1990 (Act 26 of 1990); "Committee" means a regional liquor licensing committee established by section
24(1);
"Committee Chairperson" means the chairperson of a Committee referred to
in section 24(2)(a);
"controlling interest" means any interest of whatever nature in a business or undertaking, enabling the holder of such interest to exercise, directly or indirectly, control of any kind of, or in any way over, the activities or assets of the business or undertaking;
"day" means a calendar day, including a closed day;
"dining room" means movable or immovable premises on which hot or cold meals on seated accommodation during any time of the day are provided to the public on at least five days a week;
"disqualified person" means a person disqualified to hold a licence or to be a manager as contemplated in section 19;
"district" means a district for which a court is established as contemplated in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944);
"district health officer" means a health officer assigned to a local authority area, district or region in which licensed premises are situated;
"financial interest" means any interest arising from the ownership or leasing of a business conducted on a licensed premises, or from the ownership of such premises, or from any share in such ownership of the business, leasing of the business or ownership of the premises;
"guest", in relation to an accommodation establishment, means any person to whom overnight accommodation, with or without meals, is provided for reward in such accommodation establishment and in respect of whom the prescribed particulars have been entered into the guest register of such accommodation establishment in terms of section 41 of the Tourism Ordinance;
"guest farm" means an accommodation establishment registered as a guest farm under the Tourism Ordinance;
"guest house" means an accommodation establishment providing overnight lodging with at least one daily meal;
"health officer" means a person registered or authorized to practise as such, or to practise as a health inspector, under the Allied Health Services Professions Act, 1993 (Act 20 of 1993), or to practise as a sanitary inspector as defined in the Public Health Act, 1919 (Act 36 of 1919);
"hotel", except in the phrase "hotel liquor licence", means an accommodation establishment registered as a hotel under the Tourism Ordinance;
"hotel liquor licence" means a licence granted under section 3 in respect of an accommodation establishment;
"inquiry" includes an appeal in terms of section 41; "inspector" means a person designated as such under subsection (1) of section 67, or referred to in subsection (2) of that section;
"issue", when used in relation to a licence, includes the handing over, or the dispatching by prepaid registered post, of the duly signed licence to the licensee by the officer authorized under this Act to so issue the licence, after payment of the prescribed fee in respect of the issue of the licence;
"issuing authority" means the person or body who or which issues a licence, an authority or an approval in terms of this Act;
"legal practitioner" means a person duly admitted to practise as such under the Legal Practitioners Act, 1995 (Act 15 of 1995);
"licence", except in section 61, means a licence granted and issued under this Act authorizing the sale of liquor or light liquor;
"licensed business" means the business conducted in terms of a licence;
"licensed premises" means the premises in respect of which a licence is granted and which premises are described and specified in the licence;
"licensee" means a person holding a licence issued under this Act and "holder" or "licence holder" has a corresponding meaning;
"light liquor" means any liquor which contains not more than sixteen per cent by volume of alcohol;
"liquor" means - (a)
- any spirituous liquor or any wine or beer containing three per cent or more by volume of alcohol, excluding methylated spirit;
- (b)
- tombo or any other fermented, distilled, spirituous or malted drink, traditional or non-traditional, which contains three per cent or more by volume of alcohol;
- (c)
- any drink or concoction which the Minister by notice in the Gazette declares to be liquor,
and "intoxicating liquor" has a cqrresponding meaning;
"local authority" means - (a)
- a local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act 23 of 1992) and in whose area the licensed premises are situated; or
- (b)
- if the licensed premises are not situated in an area referred to in paragraph (a), the regional council in whose region the licensed premises are situated;
"magistrate" means a person appointed under section 9 of the Magistrates' Courts Act, 1944 (Act 32 of 1944) as a magistrate for the district in which the licensed premises or the premises in respect of which an application in terms of this Act is made, are situated, and includes an additional magistrate;
"manager" means a manager of a licensed business or undertaking, contemplated in section 18;
"meal" means an ordinary meal, or as may be prescribed; "methylated spirit" means - (a)
- spirit denatured in terms of any law relating to the denaturation or methylation of spirit;
- (b)
- any other denatured, medicated, perfumed or otherwise treated spirit which the Minister by notice in the Gazette declares to be methylated spirit for the purpose of this Act;
"Minister" means the Minister of Trade and Industry; "non-alcoholic drink" means a potable drink which is not liquor;
"off-sales" means the selling in terms of an off-sales licence ofliquor in sealed containers - (a)
- to a licence holder for re-sale; or
- (b)
- to any other person for consumption away from the licensed premises on which such liquor is sold;
"off-sales licence" means - (a)
- a bottle store licence;
- (b)
- a grocery liquor licence;
- (c)
- a wholesale liquor licence;
- (d)
- a brewery depot licence;
- (e)
- a distillery licence;
- (f)
- a vineyard liquor licence; or
- (g)
- a parks off-sales liquor licence;
"on-consumption" means the consumption of liquor on the licensed premises on which such liquor is sold;
"on-consumption licence" means - (a)
- a hotel liquor licence;
- (b)
- a restaurant liquor licence;
- (c)
- a shebeen licence;
- (d)
- a club liquor licence;
- (e)
- a special liquor licence;
- (f)
- a temporary liquor licence;
- (g)
- a vineyard liquor licence; or
- (h)
- a parks on-consumption liquor licence;
"Permanent Secretary" means the Permanent Secretary: Trade and Industry; "premises" include
- (a)
- immovable property and its appurtenances; and
- (b)
- the dining room of a train or other vehicle,
in respect of which a licence has been granted;
"prescribe" means prescribe by regulation;
"private bar" means a bar at an accommodation establishment to which bar are admitted - (a)
- the guests lodging overnight at such accommodation establishment;
- (b)
- a person visiting a guest referred to in paragraph (a); or
- (c)
- persons taking a meal in the dining room or restaurant at such accommodation establishment;
"proprietor" means the person who owns a business conducted in or on a licensed premises and who is responsible for the management of such business, whether through a manager or otherwise, and includes the holder of the licence concerned; "public bar" means a bar on the premises of a business conducted in terms of an on-consumption licence and to which the public is admitted;
"public place" means any square, garden, park, recreation ground, show ground, rest camp or other open or enclosed space intended for the use, enjoyment or benefit of the public;
"region" means a region established by the Establishment of the boundaries of regions and Local Authorities in Namibia Proclamation, 1992 (Proclamation 6 of 1992);
"regional council" means a regional council established under section 2 of the Regional Councils Act, 1992 (Act 22 of 1992);
"regulation" means a regulation made or in force under this Act;
"refreshments" means non-alcoholic drinks or snack foods;
"restaurant" means premises on which hot or cold meals on seated accommodation are provided to the public during the course of the day or evening, on at least five days a week, or, in the case of a guest farm, a rest camp, a caravan park or a safari undertaking, are provided to guests when lodging overnight at such guest farm, rest camp, caravan park or safari undertaking;
"rest camp" means an accommodation establishment registered as a rest camp under the Tourism Ordinance;
"safari undertaking" means an accommodation establishment registered as a safari undertaking under the Tourism Ordinance;
"sealed container" means a closed container which cannot be opened without breaking or damaging such container, or any part, seal, adhesive label or other attachment of or to such container;
"seat of the region" means the seat of the regional council of a region as specified in column 3 of Schedule 1 to the Regional Councils Act, 1992;
"secretary" means the secretary of a Committee appointed in terms of section 25;
"sell" includes to exchange, or to offer, display, keep, deliver, supply or dispose of for the purpose of selling, or to authorize, direct or allow to be sold, and "sale" has a corresponding meaning;
"shebeen" means any premises exclusively or mainly used for the sale to, and the consumption on the premises by, the public of light liquor and refreshments, and includes a tavern, but does not include an accommodation establishment, restaurant or club, or any enterprise or undertaking referred to in section 7(1);
"snack foods" means fresh or perishable foods, or packaged or non-perishable foods as may be prescribed;
"spirituous liquor" means distilled substances of any description and also any liquor which contains more than sixteen per cent by volume of a1cohol;
"this Act" includes any regulation;
"tombo" means the traditional or home-brewed a1coholic drink, also known as sorghum beer, made from a fermentation of mahango, sorghum or other cereal or vegetable matter, with or without additives;
"tourist" means a tourist as defined in the Tourism Ordinance;
"Tourism Ordinance" means the Accommodation Establishments and Tourism Ordinance, ] 973 (Ordinance 20 of 1973); and
"yeast" means any substance produced by the propagation of a fungus as a froth or sediment during the a1coholic fermentation of malt worts or other saccharine fluids, and which is used in the brewing of beer, in the leavening of bread or for medical purposes.
PART I
LICENCES
Sale of liquor and kinds of licences
2. (] ) Subject to sections 76 or 77, no person shall sell liquor, except pursuant to and in terms of a current licence authorizing the sale of such liquor. - (2)
- The following licences authorising the sale of liquor by the licensee may, subject to the further provisions of this Act, upon application by any person who complies with the requirements and qualifications prescribed by this Act, be granted and issued to such person:
- (a)
- On-consumption licences
- (i)
- hotel liquor licence;
- (ii)
- restaurant liquor licence;
(iii) shebeen licence; - (iv)
- club liquor licence;
- (v)
- special liquor licence;
- (vi)
- temporary liquor licence;
(vii) parks on-consumption liquor licence; - (b)
- off-sales licences
- (i)
- bottle store licence;
- (ii)
- grocery liquor licence;
(iii) wholesale liquor licence; - (iv)
- brewery depot licence;
- (v)
- distillery licence;
- (vi)
- parks off-sales liquor licence;
- (c)
- on-consumption or off-sales licence, or on-consumption and off-sales licence
vineyard liquor licence. - (3)
- No licence shall be granted to or be issued in the name of a disqualified person.
- (4)
- A licence granted or issued in contravention of subsection (3) shall be null and void ab initio.
Hotel liquor licence
3. (1) A hotel liquor licence may, upon an application made in terms of subsection (2), be granted and issued to, and be held by, the proprietor of an accommodation establishment other than a guest house, if the accommodation establishment maintains a dining room or restaurant on the premises where the accommodation establishment is conducted. - (2)
- An application for a hotel liquor licence shall
- (a)
- be made in the prescribed form and manner; and
- (b)
- together with the application fee imposed by the First Schedule, be lodged with the Chairperson of the Committee established for the region in which the accommodation establishment contemplated in subsection (l) is situated.
- (3)
- The Committee Chairperson referred to in paragraph (b) of subsection (2) shall, in consultation with the Permanent Secretary: Environment and Tourism, consider the application and may
No. 1843 Government Gazette 17 April 1998
Act No.6, 1998
REPUBLIC OF NAMIBIA
N$11.19 WINDHOEK -17 April 1998 No. 1843
CONTENTS
Page
GOVERNMENT NOTICE
No.91 Promulgation of Liquor Act, 1998 (Act No.6 of 1998), of the Parliament ........
Government Notice
OFFICE OF THE PRIME MINISTER
No. 91 1998
PROMULGATION OF ACT
OF PARLIAMENT
The followil).gAct which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No.6 of 1998: Liquor Act, 1998.
ACT
To consolidate and amend the laws relating to the control of the sale and supply of liquor; and to provide for matters incidental thereto.
(Signed by the President on 3 April 1998)
PRELIMINARY
ARRANGEMENT OF SECTIONS
Section
1. Definitions
PART I LICENCES - Sale of liquor and kinds of licences
- Hotel liquor licence
- Restaurant liquor licence
- Shebeen liquor licence
- Club liquor licence
- Special liquor licence
- Temporary liquor licence
- Bottle store licence
- Grocery liquor licence
- Wholesale liquor licence
- Brewery depot licence
- Distillery licence
- Vineyard liquor licence
- Parks 1iquor licence
- PART II LICENCE CONSIDERATIONS AND IMPOSING
- Consideration of licence applications
- Imposing of conditions
- Managers
- Disqualified persons
- Contents of licence
- Duration and termination of licences
- Fees
PART III
OF CONDITIONS
REGIONAL LIQUOR LICENSING - Application
- Regional Liquor Licensing Committees
- Secretaries of Committees
- Proceedings of Committees
- Applications to Committees
- Objections and submissions
- Hearings by a Committee
- Conditional authority for proposed or incomplete premises
- Removal of licences
- Applications to a magistrate
- Transfer of licences
- Acquiring of controlling interest
- Change of trade name of licensed premises
- Leasing of licensed premises
- Change of manager
- Issue of licences or authorities
- Registers of licences
- PART IV
APPEALS
- Liquor licensing appeals
- The lodging and hearing of appeals
- PART V LICENCE REQUIREMENTS AND RESTRICTIONS
- Supply of non-alcoholic refreshments
43: No duty to trade - Other business on certain licensed premises
- Consumption on and away from premises
- Further off-sales conditions
- Liquor to be sold during business hours only
- Brand reliability and alcohol content
- Display of licence and other notices
- Alterations to licensed premises
- Managers of accommodation establishments
- Certain licence holders not to own certain other licensed businesses
- Ties
- Restrictions on credit and payment
- Supply of liquor to employees
- Supply of alcoholic substances to persons under the age of 18 years
- Consumption of liquor in a public place
- PART VI CONTROL OF CERTAIN ALCOHOLIC SUBSTANCES AND PROHIBITIONS
- Prohibited concoctions, brews and drinks
- Prohibited production
- Methylated spirit fil Yf'.~"t
PART VII
CONTROL AND INSPECTIONS
- Inspection of premises
- Police powers of entry and seizure and to demand names of persons
- Report by police or district health officer
- Petition by residents
- Temporary closure of licensed premises during tumult
- Inspectors of premi ses
PART VIII
JUDICIAL MATTERS
- Liability of licensees, managers and other persons
- Death or disability of licensee or applicant
- Offences by licensees or managers
- Offences in general
- Penalties
- Forfeiture of seized liquor
- Disposal of liquor on termination or cancellation of licence
- Return of licence
PART IX
GENERAL AND SUPPLEMENTARY - Exempt transactions
- Exemptions from licensing
- Condonation of defective applications
- Regulations
- Amendment of section 1 of Act 74 of 1962, as amended by section 1 of Act 10 of 1991
- Amendment of section 6 bis of Act 74 of 1962, as amended by section 6 of Act 10 of 1991
- Substitution of section 1of Proclamation 3 of 1924, as amended by section 2 of Ordinance 14 of 1937, section 1 of Ordinance 1 of 1938 and section 28 of Ordinance 47 of 1952
- Amendment of section 2 of Proclamation 3 of 1924, as amended by section 3 of Ordinance 14 of 1937
- Substitution of section 3 of Proclamation 3 of 1924, as substituted by section 3 of Ordinance 9 of 1935
- Substitution of section 3 bis of Proclamation 3 of 1924, inserted by section 4 of Ordinance 14 of 1937
- Repeal of laws, savings and transitional provisions
- Short title and commencement
SCHEDULES
First Schedule Fees
Second Schedule Laws repealed Third Schedule Transitional provisions Fourth Schedule Requirements for shebeens
BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:
PRELIMINARY Definitions
1. In this Act, unless the context otherwise indicates "accommodation establishment" means premises registered under the Tourism
Ordinance as a hotel, a motel, a pension, a guest house, a lodge, a guest farm,
a rest camp, a caravan park or a safari undertaking;
"advertise" means to advertise in the prescribed manner;
"appellant" means the person who lodges an appeal in terms of section 41 ;
"appeal" means an appeal lodged in terms of section 41;
"applicant" means a person who applies for a licence, approval or authority in
terms of this Act;
"apply" means to apply for any licence, approval or authority in terms of this
Act, and "application" has a corresponding meaning;
"beer", means the drink manufactured by a process which includes the
fermentation of an appropriate malt mash, with or without cereals, and flavoured
with hops, additives and preservatives;
"caravan park" means an accommodation establishment registered as a caravan
park under the Tourism Ordinance;
"certificate of renewal" means a certificate issued in terms of section 38(5);
"closed day" means a Sunday or a public holiday referred to in, or declared under, the Public Holidays Act, 1990 (Act 26 of 1990); "Committee" means a regional liquor licensing committee established by section
24(1);
"Committee Chairperson" means the chairperson of a Committee referred to
in section 24(2)(a);
"controlling interest" means any interest of whatever nature in a business or undertaking, enabling the holder of such interest to exercise, directly or indirectly, control of any kind of, or in any way over, the activities or assets of the business or undertaking;
"day" means a calendar day, including a closed day;
"dining room" means movable or immovable premises on which hot or cold meals on seated accommodation during any time of the day are provided to the public on at least five days a week;
"disqualified person" means a person disqualified to hold a licence or to be a manager as contemplated in section 19;
"district" means a district for which a court is established as contemplated in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944);
"district health officer" means a health officer assigned to a local authority area, district or region in which licensed premises are situated;
"financial interest" means any interest arising from the ownership or leasing of a business conducted on a licensed premises, or from the ownership of such premises, or from any share in such ownership of the business, leasing of the business or ownership of the premises;
"guest", in relation to an accommodation establishment, means any person to whom overnight accommodation, with or without meals, is provided for reward in such accommodation establishment and in respect of whom the prescribed particulars have been entered into the guest register of such accommodation establishment in terms of section 41 of the Tourism Ordinance;
"guest farm" means an accommodation establishment registered as a guest farm under the Tourism Ordinance;
"guest house" means an accommodation establishment providing overnight lodging with at least one daily meal;
"health officer" means a person registered or authorized to practise as such, or to practise as a health inspector, under the Allied Health Services Professions Act, 1993 (Act 20 of 1993), or to practise as a sanitary inspector as defined in the Public Health Act, 1919 (Act 36 of 1919);
"hotel", except in the phrase "hotel liquor licence", means an accommodation establishment registered as a hotel under the Tourism Ordinance;
"hotel liquor licence" means a licence granted under section 3 in respect of an accommodation establishment;
"inquiry" includes an appeal in terms of section 41; "inspector" means a person designated as such under subsection (1) of section 67, or referred to in subsection (2) of that section;
"issue", when used in relation to a licence, includes the handing over, or the dispatching by prepaid registered post, of the duly signed licence to the licensee by the officer authorized under this Act to so issue the licence, after payment of the prescribed fee in respect of the issue of the licence;
"issuing authority" means the person or body who or which issues a licence, an authority or an approval in terms of this Act;
"legal practitioner" means a person duly admitted to practise as such under the Legal Practitioners Act, 1995 (Act 15 of 1995);
"licence", except in section 61, means a licence granted and issued under this Act authorizing the sale of liquor or light liquor;
"licensed business" means the business conducted in terms of a licence;
"licensed premises" means the premises in respect of which a licence is granted and which premises are described and specified in the licence;
"licensee" means a person holding a licence issued under this Act and "holder" or "licence holder" has a corresponding meaning;
"light liquor" means any liquor which contains not more than sixteen per cent by volume of alcohol;
"liquor" means - (a)
- any spirituous liquor or any wine or beer containing three per cent or more by volume of alcohol, excluding methylated spirit;
- (b)
- tombo or any other fermented, distilled, spirituous or malted drink, traditional or non-traditional, which contains three per cent or more by volume of alcohol;
- (c)
- any drink or concoction which the Minister by notice in the Gazette declares to be liquor,
and "intoxicating liquor" has a cqrresponding meaning;
"local authority" means - (a)
- a local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act 23 of 1992) and in whose area the licensed premises are situated; or
- (b)
- if the licensed premises are not situated in an area referred to in paragraph (a), the regional council in whose region the licensed premises are situated;
"magistrate" means a person appointed under section 9 of the Magistrates' Courts Act, 1944 (Act 32 of 1944) as a magistrate for the district in which the licensed premises or the premises in respect of which an application in terms of this Act is made, are situated, and includes an additional magistrate;
"manager" means a manager of a licensed business or undertaking, contemplated in section 18;
"meal" means an ordinary meal, or as may be prescribed; "methylated spirit" means - (a)
- spirit denatured in terms of any law relating to the denaturation or methylation of spirit;
- (b)
- any other denatured, medicated, perfumed or otherwise treated spirit which the Minister by notice in the Gazette declares to be methylated spirit for the purpose of this Act;
"Minister" means the Minister of Trade and Industry; "non-alcoholic drink" means a potable drink which is not liquor;
"off-sales" means the selling in terms of an off-sales licence ofliquor in sealed containers - (a)
- to a licence holder for re-sale; or
- (b)
- to any other person for consumption away from the licensed premises on which such liquor is sold;
"off-sales licence" means - (a)
- a bottle store licence;
- (b)
- a grocery liquor licence;
- (c)
- a wholesale liquor licence;
- (d)
- a brewery depot licence;
- (e)
- a distillery licence;
- (f)
- a vineyard liquor licence; or
- (g)
- a parks off-sales liquor licence;
"on-consumption" means the consumption of liquor on the licensed premises on which such liquor is sold;
"on-consumption licence" means - (a)
- a hotel liquor licence;
- (b)
- a restaurant liquor licence;
- (c)
- a shebeen licence;
- (d)
- a club liquor licence;
- (e)
- a special liquor licence;
- (f)
- a temporary liquor licence;
- (g)
- a vineyard liquor licence; or
- (h)
- a parks on-consumption liquor licence;
"Permanent Secretary" means the Permanent Secretary: Trade and Industry; "premises" include
- (a)
- immovable property and its appurtenances; and
- (b)
- the dining room of a train or other vehicle,
in respect of which a licence has been granted;
"prescribe" means prescribe by regulation;
"private bar" means a bar at an accommodation establishment to which bar are admitted - (a)
- the guests lodging overnight at such accommodation establishment;
- (b)
- a person visiting a guest referred to in paragraph (a); or
- (c)
- persons taking a meal in the dining room or restaurant at such accommodation establishment;
"proprietor" means the person who owns a business conducted in or on a licensed premises and who is responsible for the management of such business, whether through a manager or otherwise, and includes the holder of the licence concerned; "public bar" means a bar on the premises of a business conducted in terms of an on-consumption licence and to which the public is admitted;
"public place" means any square, garden, park, recreation ground, show ground, rest camp or other open or enclosed space intended for the use, enjoyment or benefit of the public;
"region" means a region established by the Establishment of the boundaries of regions and Local Authorities in Namibia Proclamation, 1992 (Proclamation 6 of 1992);
"regional council" means a regional council established under section 2 of the Regional Councils Act, 1992 (Act 22 of 1992);
"regulation" means a regulation made or in force under this Act;
"refreshments" means non-alcoholic drinks or snack foods;
"restaurant" means premises on which hot or cold meals on seated accommodation are provided to the public during the course of the day or evening, on at least five days a week, or, in the case of a guest farm, a rest camp, a caravan park or a safari undertaking, are provided to guests when lodging overnight at such guest farm, rest camp, caravan park or safari undertaking;
"rest camp" means an accommodation establishment registered as a rest camp under the Tourism Ordinance;
"safari undertaking" means an accommodation establishment registered as a safari undertaking under the Tourism Ordinance;
"sealed container" means a closed container which cannot be opened without breaking or damaging such container, or any part, seal, adhesive label or other attachment of or to such container;
"seat of the region" means the seat of the regional council of a region as specified in column 3 of Schedule 1 to the Regional Councils Act, 1992;
"secretary" means the secretary of a Committee appointed in terms of section 25;
"sell" includes to exchange, or to offer, display, keep, deliver, supply or dispose of for the purpose of selling, or to authorize, direct or allow to be sold, and "sale" has a corresponding meaning;
"shebeen" means any premises exclusively or mainly used for the sale to, and the consumption on the premises by, the public of light liquor and refreshments, and includes a tavern, but does not include an accommodation establishment, restaurant or club, or any enterprise or undertaking referred to in section 7(1);
"snack foods" means fresh or perishable foods, or packaged or non-perishable foods as may be prescribed;
"spirituous liquor" means distilled substances of any description and also any liquor which contains more than sixteen per cent by volume of a1cohol;
"this Act" includes any regulation;
"tombo" means the traditional or home-brewed a1coholic drink, also known as sorghum beer, made from a fermentation of mahango, sorghum or other cereal or vegetable matter, with or without additives;
"tourist" means a tourist as defined in the Tourism Ordinance;
"Tourism Ordinance" means the Accommodation Establishments and Tourism Ordinance, ] 973 (Ordinance 20 of 1973); and
"yeast" means any substance produced by the propagation of a fungus as a froth or sediment during the a1coholic fermentation of malt worts or other saccharine fluids, and which is used in the brewing of beer, in the leavening of bread or for medical purposes.
PART I
LICENCES
Sale of liquor and kinds of licences
2. (] ) Subject to sections 76 or 77, no person shall sell liquor, except pursuant to and in terms of a current licence authorizing the sale of such liquor. - (2)
- The following licences authorising the sale of liquor by the licensee may, subject to the further provisions of this Act, upon application by any person who complies with the requirements and qualifications prescribed by this Act, be granted and issued to such person:
- (a)
- On-consumption licences
- (i)
- hotel liquor licence;
- (ii)
- restaurant liquor licence;
(iii) shebeen licence; - (iv)
- club liquor licence;
- (v)
- special liquor licence;
- (vi)
- temporary liquor licence;
(vii) parks on-consumption liquor licence; - (b)
- off-sales licences
- (i)
- bottle store licence;
- (ii)
- grocery liquor licence;
(iii) wholesale liquor licence; - (iv)
- brewery depot licence;
- (v)
- distillery licence;
- (vi)
- parks off-sales liquor licence;
- (c)
- on-consumption or off-sales licence, or on-consumption and off-sales licence
vineyard liquor licence. - (3)
- No licence shall be granted to or be issued in the name of a disqualified person.
- (4)
- A licence granted or issued in contravention of subsection (3) shall be null and void ab initio.
Hotel liquor licence
3. (1) A hotel liquor licence may, upon an application made in terms of subsection (2), be granted and issued to, and be held by, the proprietor of an accommodation establishment other than a guest house, if the accommodation establishment maintains a dining room or restaurant on the premises where the accommodation establishment is conducted. - (2)
- An application for a hotel liquor licence shall
- (a)
- be made in the prescribed form and manner; and
- (b)
- together with the application fee imposed by the First Schedule, be lodged with the Chairperson of the Committee established for the region in which the accommodation establishment contemplated in subsection (l) is situated.
- (3)
- The Committee Chairperson referred to in paragraph (b) of subsection (2) shall, in consultation with the Permanent Secretary: Environment and Tourism, consider the application and may
No. 1843 Government Gazette 17 April 1998
Act No.6, 1998
CONTENTS
Page GOVERNMENT NOTICE
No.91 Promulgation of Liquor Act, 1998 (Act No.6 of 1998), of the Parliament ........ No. 91 1998
PROMULGATION OF ACT The followil).gAct which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No.6 of 1998: Liquor Act, 1998.
ACT To consolidate and amend the laws relating to the control of the sale and supply of liquor; and to provide for matters incidental thereto.
(Signed by the President on 3 April 1998)
PRELIMINARY Section
1. Definitions
PART I LICENCES PART III
OF CONDITIONS REGIONAL LIQUOR LICENSING 43: No duty to trade GENERAL AND SUPPLEMENTARY SCHEDULES
First Schedule Fees
Second Schedule Laws repealed Third Schedule Transitional provisions Fourth Schedule Requirements for shebeens
BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:
PRELIMINARY Definitions
1. In this Act, unless the context otherwise indicates "accommodation establishment" means premises registered under the Tourism
Ordinance as a hotel, a motel, a pension, a guest house, a lodge, a guest farm, terms of this Act; "apply" means to apply for any licence, approval or authority in terms of this fermentation of an appropriate malt mash, with or without cereals, and flavoured with hops, additives and preservatives; "certificate of renewal" means a certificate issued in terms of section 38(5);
"closed day" means a Sunday or a public holiday referred to in, or declared under, the Public Holidays Act, 1990 (Act 26 of 1990); "Committee" means a regional liquor licensing committee established by section
24(1); "controlling interest" means any interest of whatever nature in a business or undertaking, enabling the holder of such interest to exercise, directly or indirectly, control of any kind of, or in any way over, the activities or assets of the business or undertaking;
"day" means a calendar day, including a closed day;
"dining room" means movable or immovable premises on which hot or cold meals on seated accommodation during any time of the day are provided to the public on at least five days a week;
"disqualified person" means a person disqualified to hold a licence or to be a manager as contemplated in section 19;
"district" means a district for which a court is established as contemplated in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944);
"district health officer" means a health officer assigned to a local authority area, district or region in which licensed premises are situated;
"financial interest" means any interest arising from the ownership or leasing of a business conducted on a licensed premises, or from the ownership of such premises, or from any share in such ownership of the business, leasing of the business or ownership of the premises;
"guest", in relation to an accommodation establishment, means any person to whom overnight accommodation, with or without meals, is provided for reward in such accommodation establishment and in respect of whom the prescribed particulars have been entered into the guest register of such accommodation establishment in terms of section 41 of the Tourism Ordinance;
"guest farm" means an accommodation establishment registered as a guest farm under the Tourism Ordinance;
"guest house" means an accommodation establishment providing overnight lodging with at least one daily meal;
"health officer" means a person registered or authorized to practise as such, or to practise as a health inspector, under the Allied Health Services Professions Act, 1993 (Act 20 of 1993), or to practise as a sanitary inspector as defined in the Public Health Act, 1919 (Act 36 of 1919);
"hotel", except in the phrase "hotel liquor licence", means an accommodation establishment registered as a hotel under the Tourism Ordinance;
"hotel liquor licence" means a licence granted under section 3 in respect of an accommodation establishment;
"inquiry" includes an appeal in terms of section 41; "inspector" means a person designated as such under subsection (1) of section 67, or referred to in subsection (2) of that section;
"issue", when used in relation to a licence, includes the handing over, or the dispatching by prepaid registered post, of the duly signed licence to the licensee by the officer authorized under this Act to so issue the licence, after payment of the prescribed fee in respect of the issue of the licence;
"issuing authority" means the person or body who or which issues a licence, an authority or an approval in terms of this Act;
"legal practitioner" means a person duly admitted to practise as such under the Legal Practitioners Act, 1995 (Act 15 of 1995);
"licence", except in section 61, means a licence granted and issued under this Act authorizing the sale of liquor or light liquor;
"licensed business" means the business conducted in terms of a licence;
"licensed premises" means the premises in respect of which a licence is granted and which premises are described and specified in the licence;
"licensee" means a person holding a licence issued under this Act and "holder" or "licence holder" has a corresponding meaning;
"light liquor" means any liquor which contains not more than sixteen per cent by volume of alcohol;
"liquor" means and "intoxicating liquor" has a cqrresponding meaning;
"local authority" means "magistrate" means a person appointed under section 9 of the Magistrates' Courts Act, 1944 (Act 32 of 1944) as a magistrate for the district in which the licensed premises or the premises in respect of which an application in terms of this Act is made, are situated, and includes an additional magistrate;
"manager" means a manager of a licensed business or undertaking, contemplated in section 18;
"meal" means an ordinary meal, or as may be prescribed; "methylated spirit" means "Minister" means the Minister of Trade and Industry; "non-alcoholic drink" means a potable drink which is not liquor;
"off-sales" means the selling in terms of an off-sales licence ofliquor in sealed containers "off-sales licence" means "on-consumption" means the consumption of liquor on the licensed premises on which such liquor is sold;
"on-consumption licence" means in respect of which a licence has been granted;
"prescribe" means prescribe by regulation;
"private bar" means a bar at an accommodation establishment to which bar are admitted "proprietor" means the person who owns a business conducted in or on a licensed premises and who is responsible for the management of such business, whether through a manager or otherwise, and includes the holder of the licence concerned; "public bar" means a bar on the premises of a business conducted in terms of an on-consumption licence and to which the public is admitted;
"public place" means any square, garden, park, recreation ground, show ground, rest camp or other open or enclosed space intended for the use, enjoyment or benefit of the public;
"region" means a region established by the Establishment of the boundaries of regions and Local Authorities in Namibia Proclamation, 1992 (Proclamation 6 of 1992);
"regional council" means a regional council established under section 2 of the Regional Councils Act, 1992 (Act 22 of 1992);
"regulation" means a regulation made or in force under this Act;
"refreshments" means non-alcoholic drinks or snack foods;
"restaurant" means premises on which hot or cold meals on seated accommodation are provided to the public during the course of the day or evening, on at least five days a week, or, in the case of a guest farm, a rest camp, a caravan park or a safari undertaking, are provided to guests when lodging overnight at such guest farm, rest camp, caravan park or safari undertaking;
"rest camp" means an accommodation establishment registered as a rest camp under the Tourism Ordinance;
"safari undertaking" means an accommodation establishment registered as a safari undertaking under the Tourism Ordinance;
"sealed container" means a closed container which cannot be opened without breaking or damaging such container, or any part, seal, adhesive label or other attachment of or to such container;
"seat of the region" means the seat of the regional council of a region as specified in column 3 of Schedule 1 to the Regional Councils Act, 1992;
"secretary" means the secretary of a Committee appointed in terms of section 25;
"sell" includes to exchange, or to offer, display, keep, deliver, supply or dispose of for the purpose of selling, or to authorize, direct or allow to be sold, and "sale" has a corresponding meaning;
"shebeen" means any premises exclusively or mainly used for the sale to, and the consumption on the premises by, the public of light liquor and refreshments, and includes a tavern, but does not include an accommodation establishment, restaurant or club, or any enterprise or undertaking referred to in section 7(1);
"snack foods" means fresh or perishable foods, or packaged or non-perishable foods as may be prescribed;
"spirituous liquor" means distilled substances of any description and also any liquor which contains more than sixteen per cent by volume of a1cohol;
"this Act" includes any regulation;
"tombo" means the traditional or home-brewed a1coholic drink, also known as sorghum beer, made from a fermentation of mahango, sorghum or other cereal or vegetable matter, with or without additives;
"tourist" means a tourist as defined in the Tourism Ordinance;
"Tourism Ordinance" means the Accommodation Establishments and Tourism Ordinance, ] 973 (Ordinance 20 of 1973); and
"yeast" means any substance produced by the propagation of a fungus as a froth or sediment during the a1coholic fermentation of malt worts or other saccharine fluids, and which is used in the brewing of beer, in the leavening of bread or for medical purposes.
PART I Sale of liquor and kinds of licences
2. (] ) Subject to sections 76 or 77, no person shall sell liquor, except pursuant to and in terms of a current licence authorizing the sale of such liquor. (iii) shebeen licence; (vii) parks on-consumption liquor licence; (iii) wholesale liquor licence; vineyard liquor licence. Hotel liquor licence
3. (1) A hotel liquor licence may, upon an application made in terms of subsection (2), be granted and issued to, and be held by, the proprietor of an accommodation establishment other than a guest house, if the accommodation establishment maintains a dining room or restaurant on the premises where the accommodation establishment is conducted. No. 1843 Government Gazette 17 April 1998
Act No.6, 1998
Government Notice
OFFICE OF THE PRIME MINISTER
OF PARLIAMENT
ARRANGEMENT OF SECTIONS
APPEALS
PART VII
CONTROL AND INSPECTIONS
PART VIII
JUDICIAL MATTERS
PART IX
a rest camp, a caravan park or a safari undertaking;
"advertise" means to advertise in the prescribed manner;
"appellant" means the person who lodges an appeal in terms of section 41 ;
"appeal" means an appeal lodged in terms of section 41;
"applicant" means a person who applies for a licence, approval or authority in
Act, and "application" has a corresponding meaning;
"beer", means the drink manufactured by a process which includes the
"caravan park" means an accommodation establishment registered as a caravan
park under the Tourism Ordinance;
"Committee Chairperson" means the chairperson of a Committee referred to
in section 24(2)(a);
LICENCES