CHAPTER 43:11
LIQUOR

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Establishment of Control Authority

 

   3.   Establishment of liquor control authority

 

   4.   Tenure of office

 

   5.   Disqualification for appointment as member of control authority

 

   6.   Vacation of office of members

 

   7.   Removal and suspension from office

 

   8.   Filling of vacancies of control authority

 

   9.   Functions of a liquor control authority

 

   10.   Proceedings of a control authority

 

   11.   Disclosure of interest

 

 

 

PART III
Application to Trade in Liquor

 

   12.   Prohibition against trading without a licence

 

   13.   Application for a licence

 

   14.   Power of control authority when considering application

 

   15.   General principles affecting issue of licences

 

   16.   Issue and duration of a licence

 

   17.   Renewal of licence

 

   18.   Certain trades and businesses to be reserved for citizens

 

   19.   Proof of shareholding

 

   20.   Transfer of licence

 

   21.   Issue of a duplicate licence

 

   22.   Suspension of licence

 

   23.   Revocation of licence

 

   24.   Appeals

 

 

 

PART IV
Conditions Applicable to Licensee

 

   25.   Conversant person to manage in absence of licensee

 

   26.   Authorised officers

 

   27.   Environmental health officers may inspect premises

 

   28.   Breach of peace

 

   29.   Storage of liquor in wholesale quantities

 

   30.   Consumption of liquor at premises licensed under bottle store or wholesale liquor licence

 

   31.   Adulterating liquor, etc.

 

   32.   Restriction on sale of liquor to persons under 18 years

 

   33.   Licensee not to permit drunkenness, etc.

 

   34.   Procuring liquor for a drunk person

 

   35.   Right to exclude drunk person

 

 

 

PART V
General Provisions

 

   36.   Display of licence

 

   37.   Discrimination prohibited on licensed premises

 

   38.   Exemption from Act

 

   39.   Restriction on licensee by other law

 

   40.   Transitional provisions

 

   41.   Offences and penalties

 

   42.   Regulations

 

 

Act 9, 2004,
S.I. 23, 2008.

An Act to provide for the establishment of liquor control authorities; to provide for their powers, duties and functions; to provide for comprehensive regulation of trade in liquor and formatters incidental thereto.

[Date of Commencement: 1st April, 2008]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Liquor Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "authorised officer" means a person so designated under section 26;

   "control authority" means liquor control authority in the relevant district, sub district, town or city, established under section 3;

   "bar" means a place used for the sale of intoxicating liquor, non-intoxicating drinks and snacks, for consumption on the premises;

   "bottle store" means a place used for the sale of intoxicating liquor, non-intoxicating drinks in sealed vessels and snacks for consumption off the premises;

   "bulk" means quantities of goods as packaged by the manufacturer and not broken up into smaller quantities or single units, save that in the case of high value items such as fridges, furniture and bicycles, a wholesaler may sell an item in smaller quantities or single units;

   "club" means a place where intoxicating liquor in unsealed vessels and food can be purchased, for consumption at such place;

   "council" means a city or town council established under the Townships Act or a district council established under the Local Government (District Councils) Act;

   "discotheque/nightclub" means a place of entertainment with facilities for dancing to music or live entertainment, where intoxicating liquor is sold for consumption at such place;

   "discrimination" means the treating of any person on the grounds of sex, colour, race, nationality or creed, or religion, less favourably than, or in any manner different from, any person;

   "distributor" means a person who carries on the business of negotiating contracts between parties for any product for which he is an agent for reward;

   "fronting" means obtaining a licence to enable another person, who would otherwise not qualify to obtain such a licence, to run a business;

   "intoxicating liquor" means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor and includes traditional beer;

   "licensee" means a person to whom a licence has been issued under this Act;

   "member" means a member of a control authority;

   "region" means an area made up of districts in the same geographical area;

   "register" means a register kept in accordance with section 9 (b);

   "sell" means to sell by retail or wholesale and includes to barter, exchange, offer or expose for sale;

   "trade" means to carry on the business of selling intoxicating liquor;

   "traditional beer" means-

 

   (a)   beer brewed under licence from sorghum-meal or mixture of sorghum-meal and mealie-meal by the fermentation of malt sorghum for commercial purposes;

 

   (b)   any other beer declared by regulations made under section 42 to be traditional beer;

   "temporary liquor licence" means an authorisation permitting the holder to sell intoxicating liquor at a public place for consumption at such place, for a period not exceeding 90 days; and

   "wholesale" means a place used for the selling of intoxicating liquor and other beverages in bulk.

PART II
Establishment of Liquor Control Authorities (ss 3-11)

 

3.   Establishment of liquor control authority

   (1) There is hereby established a liquor control authority for each district, sub district, town and city.

   (2) The Minister shall by notice published in the Gazette, appoint members of the control authority.

   (3) A control authority established under subsection (1) shall consist of the following members-

 

   (a)   a Chairman, who shall be appointed by the Minister from the private sector;

 

   (b)   an environmental health officer;

 

   (c)   a physical planner;

 

   (d)   a member of the Botswana Police Service;

 

   (e)   a representative of a non-governmental organisation;

 

   (f)   one member of the community;

 

   (g)   three councilors;

 

   (h)   a representative of the Ministry of Trade and Industry; and

 

   (i)   a representative of Tribal Administration.

   (4) The members shall elect from among their number, the Vice Chairman.

 

4.   Tenure of office

   (1) The Chairman shall hold office for a period not exceeding three years and shall, at the end thereof, be eligible for reappointment.

   (2) A member, other than the Chairman, shall hold office for such period as may be specified in the notice appointing him, and shall be eligible for reappointment.

 

5.   Disqualification for appointment as member of control authority

   No person shall be appointed as a member of a control authority, nor shall any person be qualified to hold office as a member of a control authority, who-

 

   (a)   has, in terms of any law in force in any country-

 

      (i)   been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged, or

 

      (ii)   made an assignment to, or arrangement or composition with, his creditors, which has not been rescinded or set aside; or

 

   (b)   has, within a period of 10 years immediately preceding the date of his proposed appointment, been convicted-

 

      (i)   in Botswana of a criminal offence, or

 

      (ii)   outside Botswana, of an offence which, if committed in Botswana, would have been a criminal offence,

and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he has not received a free pardon.

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