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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

    3A.    Co-option of advisory personnel

    3B.    Secretariat

    3C.    Functions of Secretariat

    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

    29A.    Sale of alcohol by distributor liquor licensee and wholesale liquor licensee

    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

    39A.    Measures to be prescribed by Minister

    40.    Transitional provisions

    41.    Offences and penalties

    42.    Regulations

Act 9, 2004,
S.I. 23, 2008,
Act 28, 2018,
S.I. 154, 2018,
Act 9, 2021,
S.I. 87, 2021.

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 (Cap. 40:02) or a district council established under the Local Government (District Councils) Act (Cap. 40:01);

    "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;

    "liquor depot" means a place used for sale of—

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

    (b)    non-intoxicating drinks;

    (c)    snacks; or

    (d)    smoker’s requisites;

[28 of 2018, s. 2.]

    "liquor depot licence" means a licence for the operation of a liquor depot;

[28 of 2018, s. 2.]

    "major road" means a primary (national or local) and secondary road;

[28 of 2018, s. 2.]

    "member" means a member of a control authority;

    "primary (local road)" means a road with a road reserve of 45 metres and carriage way of seven point five metres;

[28 of 2018, s. 2.]

    "primary (national road)" means a road with a road reserve of 60 metres and carriage way of seven point five metres;

[28 of 2018, s. 2.]

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

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

    "secondary road" means a road with a road reserve of 30 metres and carriage way of six metres;

[28 of 2018, s. 2.]

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

    "smoker's requisites" includes cigarettes, cigarette lighters, cigarette filters, tobacco, tobacco pipes, ash trays and other related cigarette accessories;

[28 of 2018, s. 2.]

    "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.

3A.    Co-option of advisory personnel

    A control authority may co-opt any person to attend any meeting of the authority on any matter for the purpose of assisting or advising the authority, but such person shall have no right to vote.

[28 of 2018, s. 3.]

3B.    Secretariat

    The Minister shall designate an office to be the Secretariat of a control authority.

[28 of 2018, s. 3.]

3C.    Functions of Secretariat

    The Secretariat shall—

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