ARRANGEMENT OF SECTIONS
1. Short title
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
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
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
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
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]
Preliminary (ss 1-2)
This Act may be cited as the Liquor Act.
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.
Establishment of Liquor Control Authorities (ss 3-11)
(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.
(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.
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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