CHAPTER 77 THE INTOXICATING LIQUORS ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections G f O A n o Section Title iss io part i erm p PRELIMINARY PROVISIONS ut ith o 1. Short title. d w 2. Interpretation. uteib dis tr part ii or LICENSING AUTHORITIES ed uc 3. Establishment of licensing authorities. pro d 4. General provisions relating to licensing authorities r.ee 5-7. Repealed. ay b k mo part b ioii TYPES O is f thF LICENCES o 8. Liquor licences. art p 9. Local liquor licences. o N 10. Wholesale dealer’s licen . vec de. 11. Retailer’s off-licences.e r 12. Authorised hourtss i rne case of wholesale and retailer’s off-licence. 13. Retailer’s onl- rli gchence. 14. AuthorisedA l. hours in case of retailer’s on-licence. a 15. Hotezl li ncia ence. 16. ReTsatnaurant licence. 17. t oR f epealed. 1m8e. n Railway licences. ernv 19. Passenger vessel licence. o G 20. Aerodrome licence. 02 5 2 21. Theatre licence. © 22. Club licences. 23. Club beer licence. 24. Canteen licence. 25. Temporary licence. 26. Licensing authority may prohibit sale of local liquor. 317 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] 27. Class A local liquor licence. 28. Class B local liquor licence. 29. Class C local liquor licence. 30. Class D local liquor licence. 31. Class E local liquor licence. G. 32. Temporary local liquor licence. A f O 33. Hours of sale of local liquor. n oo 34. Liquor licence may be restricted to particular kind of local liquor. i iss 35. Local liquor market. rm ut pe o part iv ithw PROCEDURE IN APPLICATIONS FOR AND THE GRANT OF LI ute CdENCES 36. Application for licence. str ib 37. Notification of application for licence. or di 38. Days for hearing of applications. d ce 39. Objections. u rod 40. Amendment of application. re p 41. Application for temporary licence. y b e 42. Appeals. m a 43. Procedure in respect of appeals. k bo o s thi opf art v 44–45. Repealed. art o p d. N ve part vi GENERALs eP rROVISIONS RELATING TO LICENCES re 46. Grant of licencests. h 47. Licence may nrigll ot be granted or transferred to certain persons. 48. Power toia .a Attach conditions to licence. 49. Lice an nnzsing authority to be satisfied that premises are sanitary. 50. L iTcaf ences for premises in course of construction. 51. t on Death or bankruptcy occurring before grant of licence. rn5m2 e. Transfer or removal of licence. ov e 53. Making false statement in application. 5 G 54. Licensing authority may require attendance of applicant and may 20 2 examine him on oath. © 55. Form of licence and date of commencement. 56. Separate licence for each set of premises. 57. Payment of fee by instalment. 58. Licence fee may be reduced. 318 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] 59. Duplicates. 60. Surrender of licence. 61. Extension of hours. 62. Delegation of functions. 63. Reduction of hours. G. 64. Refund of fee where hours reduced. A f O 65. Minister may cancel licences in certain cases. n o iss io part vii erm OFFENCES t p ouh 66. Illegal manufacture or sale of intoxicating liquor. wit 67. Restriction on carrying on other business on licensed premises. ute d 68. Sale of tobacco, etc., by licence holder. tribis 69. Supplying intoxicating liquor to person under the age of sixteoer n d years. 70. Employing persons under age of sixteen years. ce d 71. Alterations to retailer’s premises. rod u 72. Improper storage of intoxicating liquor. p re 73. Exhibition of name of licensee. e y b 74. Drunkenness on licensed premises. a m 75. Power to exclude drunkards and othersb. k oo 76. Licensed premises not to be used ast hbir so thel. 77. Supply of intoxicating liquor to p f t olice officers. r 78. Gambling. pa 79. Personal supervision by li o .c Nensee. d 80. Sales by auction. rve 81. Tapping of palm trreees e s. 82. Power to prohgibhitst manufacture etc., of specified local liquors. 83. Infringemenll tr iof conditions of licence. a. A i an an z part viii f T PREVENTION AND DETECTION OF OFFENCES t o84e. n Power to enter and inspect licensed premises. rn8m5. Search warrant for detention of liquor sold or kept contrary to law. ov e 86. Power to close licensed premises in case of disorder. G 25 87. Limitation on powers of police officers below rank of Assistant Inspector. ©20 part ix FORFEITURES 88. Forfeiture of licence. 89. Forfeiture of intoxicating liquor. 319 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] part x EXEMPTIONS 90. Exemptions from Act. part xi G. MISCELLANEOUS PROVISIONS A of O 91. Offences by servants and agents. sio n 92. General offences and penalties. mis r 93. Evidence of sale or consumption and burden of proof. e t p 94. Evidence of issue of licence, etc. outh 95. Power for certain authorities to manufacture or contract for w i manufacture of local liquor. d ute 96. Manufacture of local liquor. ist rib 97. Grant of monopolies. d or 98. Permits to manufacture local liquor for private consumptcieo dn. 99. Establishment of Appeals Committees. duro 100. Minister to hear certain appeals. p re 101. Licensing authority may delegate its functions.y b e 102. Regulations. a k m 103. Fees for intoxicating liquor licences. bo o 104. Directions by Minister. thi s 105. Appeals related to criminal offenrtc oe fs. 106. Repeal. a o p 107. Omitted. N d. 108. Omitted. erv e re s hts SCHEDULES ig All r ia. za n n Ta of en t rnm ov e 5 G 02 ©2 320 CHAPTER 77 THE INTOXICATING LIQUORS ACT . An Act to provide for the procedure of carrying on the business of selling AG intoxicating liquors and related matters. O n o f [1st January, 196is9s] io [GN. No. 344 of e1r9m68] Acts Nos. t p 28 of 1968 u 57 of 1968 ith o w 27 of 1971 ed 12 of 1978 utb 20 of 1978 tri 8 of 1979 r d is 7 of 1982 d o 5 of 1993 ce 15 of 2004 u pro d re y b e Pk Am a o RT I o PRELIMIs Nbhi ARY PROVISIONS t rt o f Short title 1. This Act may ob pe a cited as the Intoxicating Liquors Act. d. N Interpretation 2. In this A e ecrvt, unless the context otherwise requires- Act No. “Appealss r eCsommittee” means an Appeals Committee established 12 of 1978 ss. 2 t and 6 urnigd her section 99; Cap. 287 “d. iAs llt rict council” means a district council established under an ia z the Local Government (District Authorities) Act; Tan “intoxicating liquor” means, liquor or local liquor; t o f n “licence” means a licence and includes a permit granted under rnm e this Act; veo “licensee” means the holder of a licence granted under this 5 G2 Act; 20© “licensing authority” means the authority designated under section 3 to be a licensing authority for the purposes of this Act; “licensed premises” means premises in respect of which a licence granted under this Act is in force; 321 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] “liquor” means- (a) wine, ale, beer, porter, cider, perry, hop beer and any liquor containing more than two per centum by weight of absolute alcohol except any bona fide medicine . containing intoxicating liquor as herein defined, G OA administered or sold by any duly qualified medical of n practitioner or pharmacist, or administered by ansyiois person purely for medicinal purposes; and ermp (b) spirits of any description other than industrial sopu ti rits as Cap. 222 defined in section 2 of the Spirits Act, th d w i but does not include local liquor or moshi; uteb “local authority” means a municipal councdiils, t rdi istrict council or town council; r d o “local liquor” means moshi or pombed, f ceeu rmented asali, tembo, ulanzi and all liquors (other tha re npr obeer, spirits and wines to Cap. 147 which the Excise (Manageme bnet and Tariff) Act, applies, of a kind prepared by the indi mgeaynous people of Tanzania which contain more than onoeob kper centum by weight of absolute alcohol and any liq utho isr which the Minister may, by notice in the Gazette, decla orfrt e to be local liquor; “member” meano ps a a member of a licensing authority and includes tehd .e N Vice-Chairman; “Minister” rv s emeans the Minister responsible for local government; “moshit”s e h r shall have the meaning ascribed to it under the Cap. 384 T g ll r iaditional Liquor (Control of Distillation) Act; “m. Aia unicipality” means a municipality established under the n Cap. 288 zan Local Government (Urban Authorities) Act; Ta of “non-spirituous liquor” means liquor which does not consist t en of or contain any spirits; ern m “rural area” means any area other than an urban area; ov G “sell” or “sale” include barter; 25 20 “supply” includes a sale and any transfer, whether on a sale © or otherwise; “town council” means a town council established under the Cap. 288 Local Government (Urban Authorities) Act; 322 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] “urban area” means any area- (a) within the jurisdiction of a city, municipal or town council; or (b) an area which the Minister has, by notice in the Gazette, . declared to be an urban area for the purposes of this Act; G OA “urban settlement” means any area, other than an urban area n o f of a village in terms of the Local Government (Distriiscst io Cap. 287 Authorities) Act, upon which the status of an uerrp bman council has not been conferred. ut ith o w PART II ted trib u LICENSING AUTHORITrI dEi sS1 ed o Establishment 3.–(1) A Village Council establis c dhued under the Local of licensing o authorities Government (District Authoritiesre)p rAct shall be the licensing Cap. 287 authority for the village in resp e ye bct of which it is established. Act No. 12 of 1978 ss. 3 (2) A local authority, othk emr a than a district council, shall be and 6 the licensing authority fo bro othe urban area in respect of which it is established. is f th (3) A District C o arot uncil shall establish a licensing authority which shall ha vNeo pjurisdiction, for the purposes of this Act, in respect of uvr . ebdan settlements within the district for which the Council riess eerstablished. ts General 4.–(l 1rig h l ) Subject to subsection (2), all matters of procedure, provisions in. cArelating to ia luding the convening of meetings, quorum at meetings and n licensing a nz the making of decisions, in relation to every licensing authority authorities a Act No. of T shall be governed by- t 12 of 19e7n8 ss. 3 (a) in the case of a licensing authority of a village, and 6m ern the provisions of the Local Government (District ov G Authorities) Act; 25 20 Cap. 287 (b) in the case of a licensing authority of an urban area, the © provisions of the written law or other instrument by or under which its local authority is established; and 1 Act No. 12 of 1978 ss. 3 and 6. 323 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (c) in the case of a licensing authority in respect of urban Cap. 287 settlements, the provisions of the Local Government (District Authorities) Act. (2) A member of licensing authority who has a financial . interest in the sale of intoxicating liquor in the area over which G OA the licensing authority has jurisdiction shall not attend any n o f meeting at which it considers applications for licences or fio io ssr their renewal. erm ut p o Repealed 5–7. [Repealed by Act No. 12 of 1978 s. 3.] ith w ute d PART III tribs TYPES OF LICENCEoSr di ce d du Liquor licences 8. A licensing authority may grapnrot the following types of Act No. e 12 of 1978 s. 6 licences in respect of intoxicatin bge rliquors: (a) a wholesale dealer’s li y mceance; (b) a retailer’s off-licencokbo e; (c) a retailer’s on-l s tihc ience; (d) a hotel licenc oefrt ; (e) a restaura npao t licence; (f) a railweda . Ny station licence; (g) a r rv saeilway restaurant car licence; e (h) sa rht passenger vessel licence; (lli r)i g an aerodrome licence; ia. A(j) a theatre licence; an nz (k) a club licence; a of T (l) a club beer licence; t en (m) a canteen licence; and ern m (n) a temporary intoxicating liquor licence. ov 5 G 02 Local liquor 9. A licensing authority may grant the following types of ©2 licences Act No. licences in respect of local liquors: 12 of 1978 s. 6 (a) class A local liquor licence; (b) class B local liquor licence; (c) class C local liquor licence; 324 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (d) class D local liquor licence; (e) class E local liquor licence; and (f) temporary local liquor licence. Wholesale 10. A wholesale dealer’s licence shall authorise the holder to G. dealer’s licence A sell on the premises specified in the licence for consumption O of off such premises, or at the licensed premises of the holder of saios n retailer’s licence, at any one time to the same person intoxiceartmin i g liquor in any quantity of not less than one and one-half ugt o ap llons whether in casks, bottles or tins, but shall not autho th wri se- (a) the sale of any intoxicating liquor exceuptet d in casks or unopened bottles or tins; or tribis (b) the sale of any intoxicating liquor a otr tdhe premises of the holder of a retailer’s licence tou caen dy person other than such holder. rod re p be Retailer’s off- 11. A retailer’s off-licence shall aayu thorise the holder to sell on the licence premises at any one time took t mhe same person for consumption off the premises intoxicia tbi o s ng liquor in any quantity of not less than one-quarter of oaf thpint and, where the intoxicating liquor t is spirituous liqu poa rr, not more than two gallons or, where the intoxicatidn o . Ng liquor is non-spirituous liquor, not more than fourteerevn e gallons, but shall not authorise the sale of any intoxicas tri ens g liquor except in a bottle or bottles securely corked or stopht rig pered or in a tin or securely sealed. All . Authorised an1 ia2. The holder of a wholesale dealer’s licence or a retailer’s off- hours in case oafn z wholesale andT licence may sell intoxicating liquor between the hours of 8 a.m. retailer’s ot ffo-f and 7 p.m. upon any ordinary day and between the hours of 9 licenceen nm a.m. and 12 noon on Sundays and public holidays. er ov 5 GRetailer’s on- 13.–(1) A retailer’s on-licence shall authorise the holder to 20 2 licence © Act No. sell on the premises intoxicating liquor in any quantity for 12 of 1978 s. 6 consumption either on or off the premises. (2) A licensing authority may if an applicant so desires, or if the licensing authority considers it desirable to do so, issue a retailer’s on-licence with the words “non-spirituous” endorsed 325 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] thereon in red and the holder of a licence so endorsed shall not supply spirituous liquor to any person. (3) It shall be an offence for any person to keep spirituous liquors on any premises licensed under a retailer’s on-licence . which is endorsed as in subsection (2). OAG of Authorised 14.–(1) The holder of a retailer’s on-licence may suppl n syio hours in case s of retailer’s on- intoxicating liquor- erm i licence (a) in urban areas, from 6.00 p.m. to 11.00 p.m. on Mouo t pndays Act No. 27 of 1971 s. 2 to Fridays (inclusive) and from 11.00 a.m. wtio th 00 p.m. and from 6.00 p.m. to 12 midnight d uoten Saturdays, Sundays and public holidays; tribis (b) in rural areas, from 3.00 p.m. to 8. d 0or0 p.m. on Mondays to Fridays (inclusive) and from ed u 2c p.m. to 11.00 p.m. on Saturdays, Sundays and publirocdp holidays. (2) At all times other than thos reebe during which intoxicating liquor may be sold any partm oa yf the premises of the holder of a retailer’s on-licence in wooh k ich intoxicating liquor is sold or stored shall be closed ans bhi d kept closed to the public, nor shall t any person, other t f rth oan the licensee, his family, and servants be allowed to rem paao in in such part or be admitted thereto; nor shall any intodx. i Ncating liquor, whenever or wherever obtained, be consum rv seede on such part of the premises. (3) A e ts rlicensee who contravenes or permits a contravention of th h l ri gs section commits an offence. Al a. Hotel licence i za n15. A holder of hotel licence authorising the dealing in Act No. an 15 of 2004 s. 3T7 hotel business may deal in the sale of intoxicating liquor for ofnt consumption without acquiring a separate licence for dealing e rnm in the sale of intoxicating liquor. veo 25 GRestaurant 16. A holder of a restaurant licence authorising the dealing in ©20 licence Act No. restaurant business may deal in the sale of intoxicating liquor 15 of 2004 s. 38 for consumption without acquiring a separate licence for dealing in the sale of intoxicating liquor. Repealed 17. [Repealed by Act No. 15 of 2004 s. 39]. 326 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Railway licences 18.–(1) A holder of a railway station licence shall sell on the Act No. 12 of 1978 s. 6 premises intoxicating liquor in any quantity for consumption on the premises to any person arriving or departing from the station by train or lawfully using the station for railway . purposes. AG O (2) A holder of a railway station licence shall sell intoxicating f n o liquor between the hours of 10 a.m. and midnight. siois (3) A holder of a railway restaurant car licence shaplel r msell in the restaurant car, intoxicating liquor in any quanout ti ty for consumption on the train at any time in the day or nwii gthht to any d bona fide passenger by train. uteb (4) A railway station licence and railwasytr i di restaurant car licence may be granted by the following ldi coe r nsing authorities: (a) for the Tanga line, the licensindgu caeuthority for the Tanga Municipality; and ro ep (b) for the Central line (incelu r ding all branch lines), the licensing authority for aty b m he City of Dar es Salaam. (5) A licence shall notb b k ooe granted under this section except upon the written ap tph isli cation of the Director-General or representative of the f rt oDirector-General of the Tanzania Railway Corporation. o p a d. N Passenger vessel 19.–(1) As erh veolder of a passenger vessel licence engaged in licence Act No. carryintsg r epassengers shall sell on the vessel intoxicating liquor h 12 of 1978 s. 6 in al nrigy quantity for consumption on the vessel at any time in l th. eAia day or night. za n (2) The following shall be the licensing authority for passenger an f T vessels: nt o e (a) the licensing authority of the City of Dar es Salaam for m ern sea-going vessels; Gov (b) the licensing authority of the Kigoma Ujiji Municipal 02 5 Council for vessels on Lake Tanganyika; ©2 (c) the licensing authority of the Mwanza City for vessels on the Lake Victoria; and (d) the licensing authority of the Rungwe District for vessels on Lake Nyasa. 327 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (3) Unless otherwise prescribed, a licence shall not be required for the sale on a passenger vessel of intoxicating liquor for consumption on the vessel while in the waters or ports of Tanzania where a licence for the sale of intoxicating liquor on . the vessel granted under the laws of any other Government G OA is in force, or where the vessel has a net registered tonnage of n exceeding one thousand tonnes. io iss (4) A passenger vessel licence shall be granted to the mearmp ster or, with the consent of the master, to any other persono.u t with Aerodrome 20.–(1) A holder of an aerodrome licence shatleld sell on the licence u licensed premises intoxicating liquor in aisntr iby quantity for consumption on the premises to any peorr sdon arriving at or departing from the aerodrome by aiurc eo dr lawfully using the premises for purposes connected wpirtoh d air travel. (2) A combined aerodrome abned re retailer’s on-licence may be granted at the fee prescribed mfoa yr the retailer’s on-licence. k o Theatre licence 21. A holder of a theatreis l bic oence shall, in any building a portion of which is used as th t ao fplace of entertainment, sell intoxicating liquor for consum r paption on the premises in the bar and foyer thereof only toN od. members of the audience, the staff and the persons prrovee viding the entertainment between 6 p.m. and midnigsh rt e sas the entertainment may continue. ht rig Club licences 22 . A.– ll (1) A club licence may be granted to a members’ club and Acts Nos. ia 27 of 1971 s. 3 ana club licence shall not be granted to a proprietary club. z 12 of 1978 s. 6anT (2) A holder of a club licence shall authorise the supply of f t o intoxicating liquor, being the property of the members of the en nm club, in any quantity to the members of the club and their guests- r ov e (a) where the club is in an urban area, from 6.00 p.m. to 25 G 11.00 p.m. on Mondays to Fridays (inclusive) and from ©20 11.00 a.m. to 2.00 p.m. and 6.00 p.m. to 12.00 midnight on Saturdays, Sundays and public holidays; and (b) where the club is in a rural area, from 3.00 p.m. to 8.00 p.m. on Mondays to Fridays (inclusive) and from 2.00 p.m. to 11.00 p.m. on Saturdays, Sundays and public holidays: 328 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Provided that, the Minister may extend in respect of any club the hours during which club may supply intoxicating liquor to members and their guests. (3) Premises shall not be considered to be a members’ club . where any persons, other than the members and their invited OAG guests, are allowed entry or accommodation or wherein any n o f persons, other than the members, are charged or permitted io istso pay for any intoxicating liquor refreshment or accommodpae rtmion obtained therein. ut o (4) A holder of a club licence shall only authorise inwi tthoxicating d liquor to be supplied on- te bu (a) the premises specified in the licence;d ios trri (b) the premises temporarily occupied obr d y the club, if at least forty-eight hours’ previous nodtui ccee has been given to a police officer not below the ro erpank of Assistant Inspector. (5) Where on any premises occuep r b ied by a club, any intoxicating liquor is supplied to any pe ay mrson, whether a member or not, except under the authorityo okbo f a licence in accordance with the condition of the licenthcise and the provisions of this Act, the person supplying thrt eo f liquor and every person authorising its supply shall be doe ep amed to have sold intoxicating liquor without a licence and dc.e o Nmmits of an offence: Provideedrvs that, a licence shall not be required under this e Act fohrt st rhe supply of intoxicating liquor to the members of a memg ll r ibers’ club where the liquor is the property of the members aan. A i d the cost thereof is debited equally to all the members or to an nz all the members consuming the liquor and an extra charge is Ta of made to any individual for liquor consumed by him. t en (6) A club licence shall be applied for by and issued to the m ern secretary or some other responsible officer on behalf of the v G o club, and a transfer of the licence shall not be necessary by 25 20 reason only of any change in the holder of the office. © (7) In this section, a member of a club means a person who has been duly elected or accepted for election in accordance with the rules of the club or who has been admitted as a temporary member of the club. 329 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (8) A licensing authority may require an applicant for, or a holder of, a club licence to provide the licensing authority with such information as the licensing authority may reasonably require as to any of the matters mentioned in subsection (7), . including a copy of the rules of the club. OAG (9) A licensing authority may revoke any licence granted to of n a club under the provisions of this section if it has reasonabislse io cause to believe that the club persistently supplies intoxicearp tming liquor to persons who are not bona fide members of tuht o e club or their guests or that the liquor sold is not the prop ith werty of the d members of the club. ute ist rib Club beer licence 23.–(1) A holder of a club beer licence sha lolr dsupply intoxicating liquors other than spirits, being the pr e uoc pderty of the members of the club, in any quantity, to thep rmo dembers of the club and their guests on any day and at suec hr e b time in the day or night as may be specified in the licencme a.y (2) The provisions of seoc oktion 22 relating to a members’ club licence shall, mutatis mhuis tbandis, apply to a club beer licence. f t o Canteen licence 24.–(1) A holder poa t fr a canteen licence shall supply intoxicating Act No. 12 of 1978 s. 6 liquor on the dp. Nreomises specified in the licence to members of the police f e eorvrce or prisons service and their guests during such hours as rte s s he Inspector-General of Police or the Commissioner of P rriigs hot ns, may direct and such licence shall not be issued to an ll . Ay person not being a member of the police force or prisons ans ia z ervice, who supplies intoxicating liquor in a police canteen or n Ta prisons canteen for profit. nt of (2) A canteen licence shall be applied for by and issued me rn to the officer in charge of police or the officer in charge of veo prisons in the area of jurisdiction of the licensing authority or 5 G 02 to such other officer as the Inspector-General of Police or the ©2 Commissioner of Prisons, may appoint. (3) A licensing authority may revoke any licence granted under this section if it has reasonable cause to believe that the canteen persistently supplies intoxicating liquor to persons 330 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] who are not bona fide members of the police force or prisons service, or their guests. (4) A canteen licence shall not be granted in respect of any premises where any persons, other than members of the Police . force or prisons service and their invited guests, are allowed OAG entry or accommodation or wherein any persons, other than n o f members of the Police Force or Prisons Service, are chargesdiois or permitted to pay for any intoxicating liquor, refreshmepen rmt or accommodation obtained therein. ut ith o w Temporary 25.–(1) A holder of a temporary intoxicating ultieq duor licence licence Act No. shall sell on the premises specified in the teismtr ibporary licence 12 of 1978 s. 6 intoxicating liquor in any quantity for coor d nsumption on the premises at any place of recreation ourc ep dublic amusement or other assembly for the period, not expcroe deding three days, during which such recreation, amusem beenret or assembly continues or for any less period specified imna yt he licence. (2) The sale of intoxicatoi onkg liquor under a temporary licence shall, unless the licenshiisn bg authority otherwise authorises, be t restricted to the folrlto ow f ing hours: (a) in urbano a pr aeas, from 12 noon to 2 p.m. and 5 p.m. to 12 mi N dd. night on Mondays to Fridays (inclusive) and fromerv e s 11 a.m. to 2 p.m. and 6 p.m. to 12 midnight on tsS ra eturdays and Sundays; (lb ri)g h in rural areas, from 4 p.m. to 11 p.m. on Sundays. Al ia. (3) A licensing authority which has issued a temporary za nlicence may, on application being made, extend the same for a Tan f further period not exceeding three days. nt o e Licernnmsing 26.–(1) A licensing authority may, if an applicant so desires avuethority may oprohibit sale of or if the licensing authority considers it desirable to do so, 5 G 02 local liquor endorse any licence referred to in section 8 with the words ©2 Act No. 12 of 1978 s. 6 “Not applicable to local liquors”. (2) Where a licence is endorsed in accordance with subsection (1), it shall be an offence for the licensee to sell, supply, store or deal in any local liquor. 331 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Class A local 27. A holder of a class A local liquor licence shall manufacture liquor licence local liquor on the licensed premises and sell such licensed liquor on such premises for consumption either on or off the premises: . Provided that, a holder of a class A local liquor licence shall G OA not sell to the same person at any one time local liquor for of n consumption off the premises in excess of sixteen gallons. io iss erm Class B local 28. A holder of a class B local liquor licence shall manuuto f apcture liquor licence local liquor on the premises specified in the licenciteh for sale by him on some other premises licensed for thete d w u sale of such liquor for consumption either on or off such otrtibis her premises. or d Class C local 29. A holder of a class C local liquor liccend e ce shall manufacture liquor licence local liquor on the premises specifierdod uin the licence to supply local liquor manufactured by hime r e pto a holder of a class D or class E licence or to a holder of ayn ba y licence referred to in section 8 which is not endorsed ino ak c mcordance with section 26(1). o is b Class D local 30. A holder of a cloaf s ths D local liquor licence shall sell local liquor licence liquor on the licensret pa d premises for consumption on or off the premises: o . N Providedrv eth d at, a holder of a class D local liquor licence shall not sell tose re the same person at any one time local liquor for consumhtsig ption off the premises in excess of sixteen gallons. All r Class E local n3ia1 . . A holder of a class E local liquor licence shall sell local liquor liquor licence za an on the licensed premises for consumption off the premises: of T t Provided that, a holder of a class E local liquor licence shall enm not sell to the same person at any one time local liquor in ernv excess of sixteen gallons. o 5 G2 ©20 Temporary local 32.–(1) A licensing authority may grant a temporary local liquor licence Act No. liquor licence which may authorise the holder to manufacture 12 of 1978 s. 6 or to sell or to both manufacture and sell local liquor for any period not exceeding seven days. 332 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (2) A holder of a temporary local liquor licence for the sale of local liquor shall sell local liquor on the licensed premises for consumption on such premises. Hours of sale of 33.–(1) The sale of local liquor under a class A, class D, class E or G. local liquor OA f Act No. temporary licence for the sale of local liquor shall be restricted n o 27 of 1971 s. 4 to the following hours: sios (a) in urban areas from 6.00 p.m. to 11.00 p.m on Mond i ermays to Fridays (inclusive) and from 11.00 a.m. to 2.0t 0pou p.m. and from 6.00 p.m. to 12.00 midnight on th wSi aturdays, Sundays and public holidays; and ute d (b) in rural areas from 3.00 p.m. to 8.00 pist.rm ib . on Mondays to Fridays (inclusive) and from 2.0 d o0r p.m. to 11.00 p.m. on Saturdays, Sundays and pub ed ulcic holidays. (2) At all times other than thosep rdo during which local liquor may be sold any part of the prebme rieses in which local liquor is sold or stored shall be closed ma yand kept closed to the public, nor shall any person, othoeor k than the licensee, his family, and servants be allowed tohi s rbemain in such part or be admitted t thereto; nor shall f rta ony local liquor, whenever or wherever obtained, be conos pu amed on such part of the premises. (3) A licends.e Ne who contravenes or permits a contravention of this sectirovese n, commits an offence. s r e t Liquor licence 34. Aig h r licensing authority may, if an applicant so desires or if may be restricted ll to particular kind th. eA licensing authority considers it desirable to do so, restrict a of local liquor anz ai ny local liquor licence or any intoxicating liquor licence to Act No. an 12 of 1978 s. 6T local liquor of a description specified in the licence and where nt of a licence is so restricted, it shall be an offence for the licensee to rnm e sell, supply, deal in or store local liquor of any other description. ve 5 G o 2 Local liquor 35.–(1) A local authority may with the approval of the licensing 0 market ©2 Act No. authority having jurisdiction over the area of jurisdiction of the 12 of 1978 s. 6 local authority establish a local liquor market. (2) Every local liquor market shall be of such design and shall have such facilities as the licensing authority may approve. 333 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (3) Where a local liquor market has been established, any person may, on obtaining a permit and subject to such conditions as may be imposed by the licensing authority, manufacture and sell local liquor within such market. . (4) Unless otherwise prescribed, permits under subsection G OA (3) may be granted for the same periods and at the same fees f n o as class A local liquor licences and the holder of a permisist io under subsection (3) shall be deemed to be the holdere romp f a class A local liquor licence, and the local liquor marketo us th all be deemed to be licensed premises and the provisions oith w f this Act d which apply to class A local liquor licence shalbl ua tepply, mutatis mutandis, to permits under this section. tri dis (5) Notwithstanding the provisions odfo rs ubsection (3) and (4), a licensing authority may grant a ce du permit authorising the holder to sell local liquor at a loceapl r oliquor market and every holder of a permit granted uned rer this subsection shall be deemed to be the holder of a acy b m lass D local liquor licence and the provisions of this Actb, k oioncluding provisions relating to fees, which apply to class D t hl ios cal liquor licences shall apply, mutatis mutandis, to permits o funder this subsection. (6) Where in paa rt o local liquor market there are inadequate facilities for dt.e h Ne manufacture of local liquor, the licensing authority meravs y issue a permit for the manufacture of local liquor e elsewhetsr rh e, but provided that the local liquor so manufactured shalll lr i gnot be sold elsewhere than in the local liquor market. A ia. (7) A local authority may, with the approval of the Minister, n nz a make by-laws regulating the use of local liquor markets within its Ta of area of jurisdiction of local jurisdiction and the sale of local liquor nt e in such markets and the conduct of persons resorting thereto. m ern (8) In the event of a disagreement between a local authority v G o and the licensing authority having jurisdiction over the area of 25 20 jurisdiction of the local authority on any matter which under © this section is required to be done by agreement of both or by one with the approval of the other, the matter shall be referred to the Minister whose decision thereon shall be final and binding on both the local authority and the licensing authority. 334 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] PART IV PROCEDURE IN APPLICATIONS FOR AND THE GRANT OF LICENCES2 G. Application for 36.–(1) An application for a licence shall be made to and be OA licence f Acts Nos. heard by the licensing authority having jurisdiction over the n oio 12 of 1978 s. 4 area within which the premises for which a licence is sougishst 20 of 1978 s. 5 m are and the licensing authority may in its discretion graenrp t or refuse any application. ou t ith (2) An application for a licence shall be acco w ted mpanied by documentary evidence or a written explanatiornib usatisfactory to the licensing authority regarding the paym deisr ntt or, as the case may be, exemption from payment, by th o eed applicant of income tax or such other tax as the Ministeru cod may, by notice in the Gazette, specify for the purposes o ref p trhis section. e y b Notification of 37.–(1) A person who wishe sm ato apply for a licence, other than application for k licence a temporary licence refe rbor oed to in section 8, shall submit his Act No. application in quadrufp thli iscate to the licensing authority, together 12 of 1978 ss. 4 and 6 with the prescribed o ar tfee. (2) A person wo pN ho wishes to apply for a licence referred to in section 9 shaveldl .s ubmit his application to the licensing authority in the pre ecres ribed form, together with the prescribed fee. (3) Thr hts e licensing authority shall forward one copy of the appll iric gation made under subsection (1) to the senior officer of pao. A ni lice and one copy to the medical officer of health, or to the za an medical officer performing the functions of medical officer in of T the area within which the licensing authority has jurisdiction en t m and, before hearing the application, it shall cause one copy rn ve of the application to be posted at the office of the licensing Go 5 authority for at least fourteen days. 022 (4) The police officer to whom a copy of an application is © forwarded under subsection (3) shall report in writing to the licensing authority on all matters material to that application, 2 Act No. 12 of 1978 s. 4. 335 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] and the licensing authority may in its discretion require the presence of that police officer at the hearing of the application. (5) A licensing authority may receive and consider any report made to it by the medical officer of health or the medical . officer performing the functions of medical officer of health. OAG (6) This section shall not preclude a licensing authority from of n seeking the advice of a senior officer of police or medical officesriois of health in relation to any application for a licence made rm puender subsection (2). ut ith o w Days for hearing 38.–(1) Notwithstanding section 4, each licenstiendg authority of applications u Act No. shall appoint a day in the first half of March ib is tarnd a day in the 12 of 1978 ss. 4 first half of September for hearing applicatoiro dns for licences for and 6 the half-year commencing on the firste duc day of the following April or October as the case may bepr,o dbut may in its discretion hear an application at any other btei mre e. (2) A licensing authoritym sayh all hold a special meeting to hear an application if requooe ks ted to do so by the applicant and on payment by him to htsh bi e licensing authority of an additional t fee of one thousandrt soh f illings. (3) A licensino gp a authority shall give at least fourteen days’ public notice do. Nf any day appointed for hearing an application for a licencerv.ee re s s Objections 39.– r(ig1 h)t A person may object to the granting of a licence. Act No. ll 12 of 1978 ss. 4 . A(2) An objection to the granting of a licence shall either be- and 6 nia za (a) made in writing to the secretary of the licensing authority n Ta prior to the hearing of the applications, and, where so t o f n made, notice in writing of the grounds of the objection e rnm shall be served by the objector on the applicant, at least e Gov three days before the hearing of the application; or 5 02 (b) made at the hearing of the application. ©2 (3) Where an objection is made in the manner specified in subsection (2)(a) and the objector fails to serve notice of the grounds of the objection in the manner specified in that subsection or where an objection is made in the manner specified in subsection (2)(b), the licensing authority shall, 336 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] if so requested by the applicant, adjourn the hearing of the application for a period not exceeding seven days to enable him to answer the objection. Amendment of 40.–(1) A licensing authority may permit an application to be G. application A Act No. amended as may be necessary. of O 12 of 1978 ss. 4 (2) A licensing authority may require such public notice osfio n and 6 s an amended application to be given as it may in its discre i ertmion consider necessary. ut p o ith Application for 41.–(1) An application for a temporary licence s w thedall be in the temporary licence Act No. prescribed form. ibu str 12 of 1978 ss. 4 (2) A licensing authority may authorise th deior Chairman or any and 6 of its members to exercise its powers in erd c elation to temporary licences and in that event all referencreosd uin this Act to a licensing authority shall in so far as they relea rt eep to a temporary licence, be construed as references to thea yC bhairman or that member of a licensing authority. m ok (3) A licensing authoisr bi oty may require such public notice of an application for a toef mth porary licence to be given as it may in t its discretion con spiad r er necessary. (4) The gradn o . Ntee of a temporary licence shall, at least twenty- four hourse rbv eefore commencing to supply intoxicating liquor inform st hr ees officer-in-charge of police in the area of jurisdiction of th reig hlitcensing authority of the grant of that temporary licence. . A( ll5) A person who supplies intoxicating liquor in contravention noiaza f subsection (4), commits an offence and on conviction, shall Tan be liable to a fine not exceeding five hundred shillings. t o f n Appemalse 42.–(1) A person who is aggrieved by a decision given under Avcet r Nn o. o12 of 1978 ss.4 this Act by a licensing authority of a village may, within thirty 5 G2 and 6 days of the date when that decision is given, appeal to the 20© Appeals Committee of the district in which the village is. (2) A person who is aggrieved by a decision given under this Act by a licensing authority of an urban settlement may, within thirty days of the date when that decision is given, appeal to the Appeals Committee of the region in which urban settlement is. 337 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (3) A person who is aggrieved by a decision given under this Act by a licensing authority of an urban area may, within thirty days of the date when that decision is given, appeal to the Minister. AG. Procedure in 43. The Minister may make regulations regulating procedure for O of respect of appeals Act No. appeals made under this Act, and those regulations shall bseio n s 12 of 1978 ss.4 published in the Gazette. rm i and 6 e ut p o PART V with d Repealed 44–45. [Repealed by Act No. 12 of 1978, s. 4.] ute trib dis PART VI d o r e GENERAL PROVISIONS RELAoTuIcd NG TO LICENCES r re p Grant of licences 46. All licences shall, unless tyh be e Minister otherwise directs, Act No. 12 of 1978 s. 6 be granted under the hand a k omf the Chairman of the licensing authority. oob is f th Licence may not 47.–(1) A licence shrt aoll not be granted or transferred to- be granted or transferred to (a) a person ou pn ader the age of twenty-one years; or certain persons (b) an un d.i N e scharged bankrupt. (2) A liscere vnce shall not without the consent of the Minister e be gran r htst ed or transferred- (la rigl ) to any person whose licence has been forfeited until the A ia. expiration of two years from the date of the forfeiture; an nz (b) to any licence holder who has been convicted of of Ta an offence relating to the sale of intoxicating liquor nt e without a licence until the expiration of two years from ern m the date of conviction; or v G o (c) to any person who has at any time been sentenced to 25 20 imprisonment for any term exceeding six months. © (3) A licence granted or transferred in contravention of this section shall be void. 338 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Power to attach 48. A licensing authority may attach to any licence such conditions to licence conditions as the licensing authority thinks expedient in the Act No. public interest and shall attach to a licence any conditions 12 of 1978 s. 6 which may be prescribed. AG. Licensing 49.–(1) A licence shall not be granted unless the premises to of O authority to be satisfied that be licensed are in a proper state of repair and in all respec ion stss premises are suitable for the purpose and, where the premises are to be eurms ied sanitary Act No. for the sale of intoxicating liquor for consumption theour te pon or 12 of 1978 s. 6 for the manufacture of local liquor, the premises ar th wei provided with adequate sanitary arrangements to the satiustfea dction of the licensing authority. rib ist (2) Where at any time a licensing auth d oor ity is satisfied that requirements of subsection (1) are not beeduc ing complied with, it may suspend or revoke the licence aprno dd shall not terminate the suspension of a licensee or grant arebe new licence to the licensee unless satisfied that such requimrae ym ents have been complied with. (3) A person who maono ku factures or supplies or attempts to supply intoxicating ilsi bh quor while his licence is suspended t commits an offence. of pa rt o Licences for 50. A licensin N dg. authority may, subject to such conditions as it premises in course of thinks fit teorv eimpose, grant a provisional licence for premises s construction intende e sd r to be constructed or in course of construction, either Act No. 12 of 1978 s. 6 to a ht nrigamed person or to a person to be named subsequently by th. eA llapplicant and approved by the licensing authority, except za ntiahat the licence shall not be operative until there is endorsed n Ta thereon a certificate under the hand of the Chairman of the ofnt licensing authority that the premises have been completed and rnm e that all conditions imposed have been fulfilled to the licensing e ov authority’s satisfaction. 5 G 02 ©2 Death or 51. Where the applicant for a licence dies or becomes bankrupt bankruptcy occurring before before the licence has been granted, the licensing authority grant of licence may, subject to the provisions of section 49, grant the licence Act No. 12 of 1978 s. 6 to the legal personal representative of the deceased or to the trustee of the estate of the bankrupt. 339 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Transfer or 52. A licensing authority may in its discretion on payment of removal of licence Act No. the prescribed fee and subject to the provisions of section 45 12 of 1978 s. 6 and to such conditions as it may see fit to impose permit- (a) the transfer to another person of a licence for the . remainder of the period of its validity; or OAG (b) the removal to different premises of a licence for the f n o remainder of the period of its validity, iss io and any licence so transferred or removed shall be end rm poe sed “transferred” or “removed”. ut ith o w Making false 53. If any person when applying for a licencute d makes any statement in application statement which he knows to be false in any misatr itberial particular commits an offence. or d edc Licensing 54.–(1) A licensing authority may rroedq uuire an applicant for a authority may require licence or for the transfer or re ep em r oval of a licence to attend attendance of before it and be examined oany boath concerning any matter applicant and may examine him material to the application. k mo on oath (2) For the purposeiss b oof this section, the Chairman of a Act No. 12 of 1978 s. 6 licensing authority s hofa thll have power to administer an oath. pa rt o Form of licence 55.–(1) A licen.c Ned e shall be in the prescribed form and commence and date of rv commencement on the dat e it is expressed to commence and, if not previously revoked ,r e s ts forfeited or surrendered. gh(ll2 ri) A licence shall, unless otherwise prescribed, continue ian. A i force until the next following thirtieth day of September or an nz thirty-first day of March whichever is the earlier. a of T Separat t for eamche en licence 56. A separate licence shall be required and a separate fee shall set of premrnises be payable for each distinct set of premises. ov e 5 G2 Payment of fee by 57.–(1) A licensing authority may allow any fee exceeding two 0 ©2 instalment Act No. hundred and fifty shillings to be paid in two equal installments, 12 of 1978 s. 6 the first installment to be paid on the issue of the licence and the second installment to be paid on such date as may be determined by the licensing authority, not being later than three months before the expiration of the licence. 340 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (2) Where the second installment is not paid within seven days after it becomes due, the licence shall become void, but may be restored by the licensing authority on payment of the installment and of a penalty equal to half the amount of the . installment. AG of O Licence fee may 58. Where a licence commences on such a date that it will nostio n be reduced s have more than five months to run, the fee for the licence i esrhmall be reduced proportionately, but shall be computed a t p ous if the licence commenced on the first day of the month inith w which it actually commences. ted trib u s Duplicates 59. Where a licensing authority is satisfieodr dti hat a licence has Act No. 12 of 1978 s. 6 been lost or destroyed, the licensing autheodc r ity shall on payment of the prescribed fee issue a duplicatreo dl uicence to the licensee. re p Surrender of 60. A licence may be surrendaye breed to the licensing authority licence Act No. at any time, and thereuponk mthe licensee shall be entitled to a o 12 of 1978 s. 6 refund- bo is (a) if the unexpiroef tdh period of the licence is three months or more, opfa o rt ne half of the fee; or (b) if the u.n Ne ox pired period of the licence is less than three mon d rvtehs and more than two months, of one quarter of t h e s rees fee. htg Extension of 61A. ll Ari licensing authority may, in special circumstances and hours a. Act No. nui pon payment of the prescribed fee, grant an extension of the a 12 of 1978 s. 6an z hours during which intoxicating liquor may be sold on the of T premises of a licensee. en t Deelren m gation of 62. A licensing authority may authorise the Chairman or a ofuvG nctions Act No. member of such licensing authority to exercise the powers of 5 20 2 12 of 1978 s. 6 the licensing authority under section 61 and thereupon such © powers shall be exercised by the person so authorised. 341 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Reduction of 63.–(1) The Minister may, by order published in the Gazette, hours Act No. reduce the hours during which intoxicating liquor may be 27 of 1971 s. 5 sold on the premises of a licensee in any area of Tanzania, and where such order is made, the licences held or granted to any . licensee in the area in respect of which the order is made shall, G OA notwithstanding any provision of this Act to the contrary, be n o f deemed to be authority to sell intoxicating liquor only durinissg io the hours specified in the order. rm pe (2) Notwithstanding the provisions of section 14 t o uand 33 or any other provisions of this Act, a licensing authoithrity may, ted w with the consent of the Minister, direct that wbuithin the area of its jurisdiction or any part of such area,d itsh trie hours during which intoxicating liquors may be supplide dor on the premises of a licensee, shall be such hours as the c d luic eensing authority may prescribe in relation to such area oerp rpoortion of area: Provided that, a licensing au r tbheority shall not, in exercise of its powers under this subsectmioa y n- (a) give any directionb oi onk respect of any area or portion of an area which whiso t uld permit a licensee in such area or, portion of arnt o a f rea, to supply intoxicating liquors on his premises a ptao any time earlier than- (i) iend . tNhe case of an urban area, 6.00 p.m. on any day ervs other than a Saturday, Sunday or public holiday s r e ht and 11.00 a.m on Saturdays, Sundays and public ll r ig holidays; and A ia. (ii) in a rural area, 3.00 p.m. on any day other than a za n n Saturday, Sunday or public holiday and 2.00 p.m. of Ta on Saturdays, Sundays and public holidays; and nt e (b) prescribe hours in relation to any area or a portion of rnme an area which would result in the total number of hours ov G during which intoxicating liquors may be supplied on 5 20 2 the premises of a licensee on any day exceeding the total © number of hours during which, but for such direction, intoxicating liquors could lawfully be supplied on the premises of such licensee on such day. 342 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Refund of fee 64. Where the Minister makes an order under section 63, he where hours reduced may direct the licensing authority having jurisdiction over the Act No. area to which such order applies to refund to the licensees such 12 of 1978 s. 6 portion of the fees paid by them as he may think just. AG. Minister may 65.–(1) Where the Minister is satisfied that a licensee- of O cancel licences in certain cases (a) has been convicted of an offence under section 76; n ss io Act No. (b) permits his licensed premises to be used as a plaecrem iof 27 of 1971 s. 7 habitual meeting or resort of reputed prostituoteu ts p or of persons indecently dressed; or ith w (c) permits his licensed premises to be usedut ea ds a place of habitual meeting or resort of personstr ibis who constitute or are likely to constitute a threat toor d the security, peace and good order of the United R ed uecpublic, he may, by order under his hand, croadp ncel the licence of such licensee. e r e b (2) A cancellation under msau yb section (1) shall be final and shall not be subject to revioe owk by any court: Provided that, the Msi bnister may, upon such conditions as thi he may deem fit to rti mo f pose, restore the licence of any licensee whose licence ha a os p been cancelled under this section. . Nd [s. 64A] erv e res ts PART VII igh ll r OFFENCES A nia . Illegal a nz 66.–(1) A person who sells, exposes, offers, or keeps for sale manufacture Ta or sale of of any intoxicating liquor, or manufactures any local liquor, t intoxicaetning except under the authority of a licence, or otherwise than in liquonrm Acetr No. accordance with the provisions of this Act and any conditions Gov 15 of 2004 s.40 attached to the licence, commits an offence. 25 20 (2) An occupier of premises on which any intoxicating liquor © is sold or exposed, offered or kept for sale in contravention of this section shall, unless he proves that the offence was committed without his privy or consent, be deemed to have contravened the provisions of subsection (1). [s. 65] 343 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Restriction on 67.–(1) The holder of a licence to sell intoxicating liquor to be carrying on other business on consumed on the premises shall not, except with the written licensed premises consent of the licensing authority, carry on any other business Acts Nos. 12 of 1978 s. 6 on his licensed premises except that connected with the . 15 of 2004 s. 40 conduct of an hotel or restaurant or the sale of refreshments AG O or of tobacco, smokers’ requisites, and similar commodities. of n (2) A person who contravenes the provisions of this sectioisns i,o commits an offence and on conviction, shall be liable to rm pae fine not exceeding five hundred shillings. ut ith o w [s. 66] tedu Sale of tobacco, 68.–(1) Notwithstanding the provisions of isatnr iby law in force etc., by licence holder relating to trading licences the holder of a o r ldicence for the sale of intoxicating liquor on the premises mcedu ay on those premises and during authorised hours carry opnro t dhe business of the sale of cigars, cigarettes, tobacco and matec rb hees without a trading licence. (2) In addition to the rimgahyt s permitted by the foregoing subsection, the holder of oao kh otel, restaurant or theatre licence may also carry on theh isb business of the sale of confectionery t without a trading liceofn rt ce. o p a [s. 67] . Nd Supplying 69. A licenesrve ee who supplies intoxicating liquor to any person intoxicating under th ree s liquor to person s apparent age of sixteen years, commits an offence. t under the age of h rig [s. 68] sixteen years ll a. A Employing i an70.–(1) A licensee who employs any person under the apparent persons under nz age of sixteenT a age of sixteen years to- years f t o (a) sell or control or supervise the sale of intoxicating en nm liquor; or er ov (b) have the custody or control of any intoxicating liquor 5 G2 on the premises, 20© commits an offence. (2) A licensee who permits any person under the apparent age of sixteen years to remain present on his licensed premises in any room, courtyard or other place in which intoxicating liquor is being served for consumption, commits an offence: 344 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Provided that, this subsection shall not apply to any licensed restaurant, hotel dining room, hotel lounge or a lounge or dining room in a club where the intoxicating liquor consumed therein is served from a room on the licensed premises other . than such restaurant, dining room or lounge, or to any other OAG room or place on licensed premises in respect of which express f n o provision is made in the licence permitting persons under tih io sse apparent age of sixteen years to be present while intoxicpea rtming liquor is being consumed. ou t th d w i [s. 69] ute Alterations to 71.–(1) An alteration in premises licensed undteribs r a retailer’s on- retailer’s premises i Act No. licence or under a class A or D local liquor rl id o cence which gives 12 of 1978 s. 6 increased facilities for drinking or con eeduc als from observation any part of the premises used for pdror dinking, or which affects the communication between thbee rpe art of the premises where intoxicating liquor is sold anmda ya ny other part of the premises or any street or public spaokc o e shall not be made without the consent of the licensing b thi sa uthority. (2) Where any su f rtc oh alteration is made without such consent, the licensee comom p aits an offence and the court may declare the licence to be fo. Nd rfeited, or direct that, within a time to be fixed by the couerrvs te, the premises shall be restored to their original condititos nr e and that in default of such restoration the licence shall lr igb he forfeited. l ia. A [s. 70] n za Improper storTaag ne 72. A licensee who stores any intoxicating liquor intended for of intoxica toifn g liquor nt sale in any place other than the licensed premises or premises e Actr Nnmo. previously approved for the purpose by a licensing authority, 1v2e of 1978 s. 6 o or in a warehouse licensed by the Commissioner of Customs 25 G 0 for the storage of dutiable goods, commits an offence and on ©2 conviction, shall be liable to a fine not exceeding five hundred shillings. [s. 71] 345 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Exhibition of 73.–(1) A licensee shall exhibit and keep exhibited over the name of licensee Act No. public entrance to his licensed premises in such form and 12 of 1978 s. 6 manner as the licensing authority directs his name followed by the word “licensed” and words sufficient, in the opinion of . the licensing authority, to express the nature of his licence, and AG O whether the licence authorises the sale of intoxicating liquor to f n o be consumed on or off the premises only, and any licensee wh io isso fails to do so, commits an offence. rm pe (2) A person, other than a licensee, who exhibits an t oyu words or letters likely to lead to the belief that he holds a w lii thcence, or d that he sells or supplies intoxicating liquor, commte bu its an offence. (3) A licensee who exhibits any words o i disr t r letters likely to lead to the belief that he holds a licence ofd ao r type different from his licence, or that he sells or suppliedsu caeny intoxicating liquor in a manner not authorised by his leipc reonce, commits an offence. (4) A licensee shall exhibit ande r b keep exhibited his licence in a conspicuous place inside thmea ylicensed premises. (5) Subsection (1) or b(o4 o)k shall not apply to the holder of a members’ club licence t,h a is club beer licence, a canteen licence, a temporary licence ortr o fa permit under section 98. o p a [s. 72] d. N Drunkenness on 74.–(1) A l e seirc vensee who permits drunkenness or any disorderly licensed premises conduc re tts to take place on his licensed premises, or who supplies any h l iring toxicating liquor to a drunken person, or by any means Al e ian. courages or incites any such person to drink intoxicating n nz a liquor, commits an offence. a f T (2) Where in any proceedings for an offence under this nt o e section it is proved that any person was drunk on licensed ern m premises, the licensee shall be deemed to have committed the ov G offence of supplying intoxicating liquor to a drunken person 02 5 unless he proves that he and the persons employed by him ©2 took all reasonable steps for preventing drunkenness on the premises. [s. 73] 346 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Power to exclude 75.–(1) A licensee, his agents, or servants may refuse to serve drunkards and others or to admit to the licensed premises and may remove from Act No. the licensed premises, using such force as may be reasonably 27 of 1971 s. 8 necessary, any person who is drunken, or disorderly, or to . whom the supply of intoxicating liquor is prohibited or who OAG is indecently dressed or in respect of whom the licensee has of n reason to believe that such person uses or is likely to use suicssh io licensed premises as a place of meeting with any other ppee rmson or persons for any purpose which constitutes or is liukt o ely to constitute a threat to the security, peace and good o th wrider of the d United Republic. uteb (2) Where a person, upon being requested i dis t rby the licensee, his agent or servant, or any police officero,r d refuses or fails to quit the premises, such person comdmu ciets an offence and on conviction, shall be liable to a fine enp root exceeding five hundred shillings and it shall be the dutye r b of any police officer, on the demand of the licensee, his ay m agent or servant, to remove or assist in removing such pbe k oorson from the premises, using such force as may be reason s tha ib ly necessary. ofrt [s. 74] pao Licensed 76.–(1) A licde.n Nsee who permits his licensed premises to be premises not to be used as brothel used as a b rve serothel, or as a place of habitual meeting or resort of reputed prerostitutes, commits an offence. (2i)g h ts l r Where a licensee is convicted under this section, the l cao. A i urt may order that his licence be forfeited. n za [s. 75] n f T a Supply onf t o 77.–(1) A licensee shall not, unless by authority of a police intoximcaeting liqeuronr to police officer of or above the rank of Assistant Superintendent of oovfficers Police- 5 G 02 (a) knowingly suffer any police officer below the rank of ©2 Assistant Superintendent while on duty to enter or remain on his premises, being premises on which sale for consumption on the premises is authorised, unless for the purposes of keeping or restoring order or in execution of his duty; or 347 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (b) knowingly supply any intoxicating liquor or refreshment to any such police officer when on duty. (2) A licensee who contravenes the provisions of this section commits an offence and on conviction, shall be liable to a fine . not exceeding five hundred shillings. G f O A [s. 76] o sio n s Gambling 78. A licensee who permits any gaming or gambling teom i r be carried on in his licensed premises commits an offenceu.t p ith o d w [s. 77] ute Personal 79.–(1) Unless permitted by his licence, satr i blicensee shall supervision by licensee personally superintend the conduct of tohr e d i business carried Act No. on under the authority of his licence, aend c d shall not, without 12 of 1978 s. 6 the consent of the licensing authoritryo,d uabsent himself from the business for more than thirty consreepe cutive days at one time. (2) Where the licensee is aay bcompany or does not intend personally to superintendok mthe business, the name of the responsible manager oifs bt ohe business shall be stated in the licence, and the lice onf sthee shall not employ any other person t to superintend th r pea business carried on under the authority of his licence for No d. more than thirty consecutive days at one time except wither vt ehe previous consent of the licensing authority. (3) A r es lsicensee who fails to comply with the provisions of this sehct rig tion commits an offence and on conviction, shall be liaAbll. le to a fine not exceeding five hundred shillings. an ia z [s. 78] an T Sales by au ocft tion 80.–(1) A licensee in person or any person on his behalf Act No.e n 12 onf m1978 s. 6 licensed as an auctioneer may sell intoxicating liquor, being the er ov property of the licensee, by auction on his licensed premises, 5 G2 not being premises on which sale for consumption on the 20© premises is permitted, or, with the prior consent of licensing authority, on any other premises. (2) A person licensed as an auctioneer may, with the consent of a licensing authority, sell intoxicating liquor by auction on behalf- 348 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (a) of the personal representative of a deceased person; (b) of the trustee of the property of a bankrupt or the liquidator of a company; or (c) of any person when the sale is not by way of trade. . (3) Intoxicating liquor shall not be sold by auction on G OA premises licensed for the sale of intoxicating liquor for n o f consumption on the premises, or in less than two-gallon lotssiois or except in casks or unopened bottles or tins. pe rm (4) A person with the prior consent of a licensing aouut t hority may auction on any premises approved by the licensinwgit h authority d intoxicating liquor in any quantity for any socia te bul, charitable or benevolent purpose, and a licensing authordiist tyri may authorise the Chairman or a member of the licensindg o a r uthority to exercise the powers of such licensing authoritdyu c eunder this subsection and thereupon such powers shall ebpe ro exercised by the person so authorised. be r (5) Save as aforesaid, anmya yperson who sells intoxicating liquor by auction, commibt k oso an offence. is th [s. 79] f rt o Tapping of palm 81.–(1) A persoon p ashall not tap trees for palm wine without trees Act No. the permit ofd . a N licensing authority which may be issued on 12 of 1978 s. 6 payment osefr vae prescribed fee and shall authorise the holder to tap a spts er ecified number of trees in such area, for such period andl rwig hithin such hours as may be specified in the permit. Al ia. (2) The tapping shall be carried out in accordance with any Cap. 133 n za rules in force under the Plant Health Act. an f T (3) A permit under this section may be revoked at any o en t time and shall be produced by the holder to any officer of the m ern licensing authority or of the local authority or to any police ov 5 G officer on demand. 02 (4) Notwithstanding anything contained in this Act, the ©2 holder of a permit to tap trees for palm wine and his family and friends may consume any palm wine so obtained and palm wine shall not be brought to any licensed premises unless the licence of such premises expressly authorises the sale of palm wine and no palm wine shall be sold except on such licensed premises. 349 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (5) A person who contravenes any of the provisions of this section, or who taps trees for palm wine otherwise than in accordance with the terms of the permit, commits an offence. [s. 80] G. A Power to prohibit 82.–(1) It shall be lawful for the Minister by order published of O manufacture etc., of specified local in the Gazette to prohibit the manufacture, preparation, saleio nss liquors or possession by any person of any local liquor specifieedm i r in the order. ut p o (2) A person who contravenes the provisions of iath w ny order made in pursuance of subsection (1), commits aunte d offence and on conviction, shall be liable to a fine of five thtoribis usand shillings or to imprisonment for a term not exceedr d o ing three years or to both. ce d du pro [s. 81] e r e Infringement 83. Where a licensee or a hoayl d b er of a permit infringes the of conditions of licence provisions of a licence or opke mrmit or of any of the conditions attached to any licence o brois permit, or of any of the conditions attached to the approvf ath o l for the transfer or removal of a licence, t the licensee or th ep ah r older of the permit, commits an offence. No d. [s. 82] erv e s s r e PART VIII t PR rig h ll EVENTION AND DETECTION OF OFFENCES A ia. Power to enter za n84.–(1) A police officer, medical officer of health, health and inspect an licensed prefm Tises inspector or administrative officer or an officer of a local o en t authority duly authorised in that behalf may at any time enter ern m into and inspect any licensed premises and any premises ov G approved for the storage of intoxicating liquor for the purpose 02 5 of preventing or detecting an offence or observing the state of ©2 repair and sanitary condition of the premises and the general conduct of the business, and may require the licence for the premises to be produced for his inspection. 350 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (2) A licensee who refuses or fails to admit any such person to his premises or any part thereof, or to produce his licence on the demand of any such person or to afford such person every facility in the exercise of his power under this section, . commits an offence. OAG [s. 83] of n ss io Search warrant 85.–(1) A magistrate, where satisfied by information on i for detention of eormath liquor sold or that there is reasonable ground to believe that any into t oxuic pating kept contrary liquor is unlawfully sold or exposed or kept for unliathwful sale to law w or unlawfully manufactured or stored at any pl d uatece within his jurisdiction, whether a building or not, may r is tg ibrant a warrant under his hand by virtue whereof it sha ollr dbe lawful for any police officer at any time or times withuicne d one month from the date thereof to enter, if need be byp rfo drce, the place named in the warrant, and every part therebeo rfe, and examine the same and search for intoxicating liquor y mtha erein, and seize and remove and take before a magistrate aonoy k intoxicating liquor found therein which there is reasonabhleis gbround to suppose is unlawfully stored t for sale or is in the pl aof rt ce for the purpose of unlawful sale at that or any other place p oao r has been unlawfully sold or manufactured and the vessels. Nd containing the intoxicating liquor. (2) Wherrveese the owner or occupier of the premises so entered is convtisc rt eed of an offence against this Act, the court may order thatl raigl hl or any of the intoxicating liquor so seized and the vessels c Al iao. ntaining the liquor shall be forfeited to the Government. n za (3) When any intoxicating liquor is found on any premises n f T a which have been entered in pursuance of a warrant under this t o en section, any person found at the time on the premises may, if rnme he refuses or fails to give his name and address on demand by ov G a police officer, or if the police officer has reason to believe that 02 5 the name or address so given is false, be arrested by any police ©2 officer without warrant. (4) Where a person required by a police officer under this section to give his name and address fails to give his name and address, or gives a false name and address, that person commits an offence. 351 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (5) This section shall apply to intoxicating liquor in process of manufacture and to materials and implements used or intended to be used for the manufacture of intoxicating liquor in like manner as it applies to intoxicating liquor. . [s. 84] AG of O Power to close 86.–(1) An administrative officer or police officer may, in an n syio licensed premises s in case of place where any disorder occurs or is expected, order th i eartm all disorder or any licensed premises in or near that place be closed p ou f t or any period specified in the order. ith w (2) Where any such order is infringed, the luitce densee of the premises concerned commits an offence. tribis (3) An order made under this section d osr hall be sufficiently communicated to a licensee if a copuyce dthereof is left at the licensed premises or where the spurob dstance of the order is communicated to the licensee ober rteo any person appearing to be in charge of the licensed pmreym a ises orally or in writing by an administrative officer or a k o po o lice officer. (4) Notwithstandings bhi the provisions of subsection (1), an t order shall not be rmt oa f de for the closure of licensed premises for a period exceoe pd a ing thirty days without the approval of the Minister. . Nd (5) Wh rve seere pursuant to an order or orders made under this sectiont,s ra eny licensed premises remains closed for a period or p reigl rhiods in the aggregate of thirty days or more during th. eA l ia validity of the licence granted in respect of the licensed anz premises the Minister may, if he thinks fit, direct that such n f T a portion of the licence fee as he may deem appropriate be nt o e refunded to the licensee. ern m [s. 85] Gov 5 02 Limitation on 87. The powers conferred on a police officer by sections 84, 85 ©2 powers of police officers below and 86 or by a warrant under section 85 shall not be exercised rank of Assistant by any police officer below the rank of Assistant Inspector. Inspector [s. 86] 352 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] PART IX FORFEITURES Forfeiture of 88.–(1) In addition to any other case in which a licence may be . licence forfeited, a court by whom a licensee is convicted of a second AG O or any subsequent offence under this Act, may order his licence n o f o to be forfeited. i iss (2) Where a licensee is, under this Act, or any other w prei rtmten t law, sentenced to imprisonment without the option ofth ao u fine for a term exceeding fourteen days, the court may ordedr w h i is licence to be forfeited, and shall do so if the term of uimterib prisonment exceeds six months. t r d is ed o [s. 87] du c Forfeiture of 89. Where any person is convicted r ep o o f an offence against this intoxicating r liquor Act, the court may, if it thinks fi bet, order that any intoxicating liquor in respect of which mtha y e offence was committed, and also, after giving any interbe k oosted person an opportunity of being heard, any intoxicatin s tgh i liquor found in the possession of the person convicted orrt a oofn the premises in which the offence was committed whiNcoh p, in the opinion of the court, has been or was intended to bede . dealt with in contravention of any provision of this Act, sheraves ll, together with the vessels containing the liquor, be forfhetsi tred to the Government. g ll r i [s. 88] a. A ni nz a PART X Ta t o f EXEMPTIONS en ern m Evxemptions from 90.–(1) This Act shall not apply to the- Go Act 5 (a) sale of intoxicating liquor by order of any court; 20 2 © (b) sale of intoxicating liquor to a member of any naval, military or air force institute or mess recognised as such by the Minister; and (c) manufacture or denaturing of spirits as defined in the Cap. 147 Excise (Management and Tariff) Act. 353 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (2) This Act, except the restriction as to sale by auction, shall not apply to- (a) a sale of intoxicating liquor by a person who is not a licensee, not being for profit or in the course of business . or by way of trade; AG O (b) the sale by the personal representative of a deceased of n person of intoxicating liquor forming part of the estaistse io of the deceased person; and rm pe (c) the sale by the trustee of the property of a boaun t krupt of intoxicating liquor forming part of the estitah w te of the bankrupt: ute d b Provided that, a sale shall not be made undiestrr i d this subsection except in casks or unopened bottles or tind so. r (3) The Minister may, for the pu ce drupose of preventing the evasion of the provisions of this Act bpryoe means of the exemptions under this section, make such re r bgeulations as may be necessary. may [s. 89] ok s b o i th PART XI f MISCErtL oLANEOUS PROVISIONS o p a N Offences by 91.–(1) Anytdh.ve ing which, if done by a licensee personally, servants and agents would be saere nr offence under this Act, shall also be an offence if done b hyts any servant or agent of the licensee, and the servant or g agelnl rA ti may be punished accordingly. nia . (2) Where an offence under this Act is committed on za an licensed premises or on premises approved for the storage of f T t o liquor by a servant or agent of the licensee, then the licensee enm shall also be deemed to have committed such offence unless rn ve he proves both that he neither abetted nor consented to the o 5 G commission of the offence and that he had taken all reasonable 2 ©20 steps to prevent the commission thereof. [s. 90] 354 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] General offences 92. A person convicted of an offence under this Act, shall, and penalties unless some other punishment is prescribed, be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one year or to both and shall, in the case . of a second or any subsequent conviction, be liable to a fine AG O not exceeding four thousand shillings or to imprisonment for of n a term not exceeding two years or to both. siois [se.rp m91] t ou Evidence of sale 93.–(1) In proving the supply, sale or consuwmith ption of or consumption and burden of intoxicating liquor for the purpose of any proceeutde dings relative proof to any offence under this Act, it shall not be nisetr icbessary to show that any money actually passed or any int d oorxicating liquor was actually supplied or consumed, if the c ed uocurt hearing the case is satisfied that a transaction in the natruodp re of a sale actually took place, or that any supply or consubem reption of intoxicating liquor was about to take place. ay m (2) Proof of consumptoiko o n or intended consumption of intoxicating liquor on l b hiicsensed premises by some person other t than the occupier ortf o, f or a servant employed on, the premises, shall be prima fa cpao ie evidence that the liquor was sold by the licensee to tha.t Nd person. (3) In e searn v y proceedings under this Act relating to the manuftasc r eture or sale of intoxicating liquor, the burden of provl rign hg that the manufacture or sale was lawful shall be on the l piae. Arson alleging the same. an [s. 92] an z f T Evidencen to of issue 94. In any proceedings under this Act, a certificate purporting of licemnece, etc. Actr Nn o. to be signed by the Chairman of a licensing authority shall 1v2e of 1978 s. 6 be sufficient evidence of the issue of a licence, permit, order, 5 G o 02 approval, or consent, and of the terms thereof. ©2 [s. 93] Power for certain authorities to manufacture 95.–(1) A local authority which is by its instrument authorised to or contract for manufacture of engage in trade may, with the approval of the Minister- local liquor (a) manufacture local liquor on its own account; 355 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (b) enter into a contract with any person for the manufacture of local liquor by such person and for its sale to the authority; and (c) sell any local liquor so manufactured or contracted for. . (2) A licence shall not be required under this Act for the AG O manufacture or sale of local liquor by a local authority under the of n provisions of subsection (1) of this section. iss io [pse. r m94] ou t Manufacture of 96. Where a contract is entered into by any pers t woin h , in this local liquor Act No. section referred to as the brewer, in pursuance of tthedu e provisions b 12 of 1978 s. 6 of section 97(1), the following provisions shaisltlr iapply: Cap. 147 (a) no building, room, place or item o fo rp dlant on which the brewer has made entry under suceec dtion 18 of the Excise (Management and Tariff) Apcrot d, for the purpose of the manufacture of beer or ea rb ney spirits, other than local liquor, shall be used b mayy him for the manufacture of local liquor; and ok o (b) a police officer, mise bh dical officer of health, health inspector t or administrrta otfive officer shall at all reasonable times be entitled too p e anter and inspect the premises in which the local lidq. u Nor is manufactured for the purpose of ensuring that rpvese roper standards of cleanliness are maintained, and re tst he brewer shall comply with any directions which may l ri gh be given by the licensing authority for that purpose. l ia. A [s. 95] n za Grant of Tan 97.–(1) The Minister may, by order published in the Gazette, monopolite os f n confer on a local authority which is by its instrument authorised e rnm to engage in trade or on any other person the exclusive right e ov to manufacture or sell local liquor or any type or types of local 25 G 0 liquor which may be specified in the order within such area of ©2 Tanzania as may be specified in the order. (2) Where an order under subsection (1) has been made then, so long as the order remains in force, a licence shall 356 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] not be granted under this Act permitting the manufacture or sale of the local liquor, or, if the order is made in respect of a specified type or types of local liquor, local liquor of that type or types, within the area specified in the order. . [s. 96] AG of O Permits to 98.–(1) A licensing authority may give a permit subject to sucshio n manufacture local s liquor for private conditions as it may think fit to impose, for the manufacturme ier of consumption a specified quantity and description of local liquor on p p oru te mises Act No. 12 of 1978 s. 6 specified in the permit for private consumption by w ti thh e owner and his friends. ute d (2) Liquor manufactured under the authisotrr ibity of a permit granted under subsection (1) shall not rb d o e sold or, unless authorised by the permit, be removeduc efr dom the premises on which it is manufactured. rod re p be [s. 97] ay Establishment 99.–(1) There is hereby estoakb mlished an Appeals Committee for of Appeals bo Committees every district in Tanzan his ia . Act No. (2) There is herebyf t o established an Appeals Committee for 12 of 1978 s. 5 t every region in T r apna zania. (3) The prod.v Niosions of the Second Schedule to this Act shall have effecte ravs e to the composition and proceedings of Appeals Commist rt eeses for the districts and for the regions, and otherwise in rel t gahtion to them. ll r i . A [s. 98] an ia z Minister to heTaarn 100.–(1) Subject to subsection (2), the Minister shall hear certain appoefa ls Act No. t and determine appeals made to him under section 99(3) and n 12 onf m19e78 s. 5 he may affirm, reverse or vary the decision of the licensing ve r o authority from which the appeal arose. G 25 (2) The Minister may, by writing under his hand, delegate ©20 the power to hear and determine appeals under this section to such person or body of persons as he may deem fit. [s. 98A] 357 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Licensing 101.–(1) A licensing authority may, notwithstanding anything to authority may delegate its the contrary contained in this Act, delegate any of its functions functions relating to licences and permits in respect of local liquors to Act No. 12 of 1978 s. 6 the Chairman or any member of the licensing authority or to . any public officer. G OA (2) Where any function of a licensing authority is delegated of n to any person under the provisions of subsection (1), suicssh io person shall, in the exercise of such function, have aplel rmthe powers which are vested in the licensing authority oaun t d the decision of such person shall, for all intents and p th uwri poses, be d deemed to be the decision of the licensing authbour teity. str i di [s. 99] or Regulations 102. The Minister may make regulationsc eu fdor the better carrying out of the provisions and purposes roodp f this Act, and without prejudice to the generality of the fober eregoing may make regulations- (a) regulating the procedmuarye of a licensing authority; (b) prescribing the condk oo itions which may be attached to any licence; b thi s (c) prescribing f rtt hoe form of application for any licence; (d) prescribino gp a the fees to be charged for local liquor licenceds. N and local liquor permits granted under this Act; (e) pre r sescveribing the form of any licence; and (f) sp rt reescribing anything which under the provisions of gh l ri this Act may be prescribed. Al ia. [s. 100] za n Fees for n Ta 103.–(1) The fees payable for any intoxicating liquor licence and intoxicatin ogf liquor licnetnces for the transfer or removal of any intoxicating liquor licence shall me Actr Nn o. be those set out in the First Schedule: 1v2e of 1978 s. 6 o Provided that, where a minimum and maximum fees are 5 G 02 prescribed the actual fee payable shall be that determined by ©2 the licensing authority. (2) The Minister may, by order published in the Gazette, cancel, vary, or add fees prescribed to the First Schedule. [s. 101] 358 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] Directions by 104. The Minister may give a licensing authority directions Minister of a general or specific character as to the exercise by the licensing authority of any of its functions under this Act, and the licensing authority shall give effect to the directions. . [s. 102] AG of O Appeals related to 105. The provisions of the Criminal Procedure Act relating stsoi o n criminal offences Cap. 20 appeals from subordinate courts shall, in relation to convicetrimo ins for offences under this Act, be read and construed as iof us t epction 386(2) thereof had never been enacted. with d ute [s. 103] str ib Repeal 106. [Repeals the Local Liquor Act anodr d i the Intoxicating R.L. Caps. 77 and 365 Liquors Ordinance]. d uc e rod [s. 104] rep Omitted 107. [Omitted.] be ay ok m [s. 105] s b o Omitted 108. [Omitted.] thi of pa rt [s. 106] . N o d erv e Act No. s r es FIRST SCHEDULE 12 of 1978 s. 7 ht rig LICENCE FEES . A ll niaa Omitted nza [Omitted] of T nt e Actr Nnmo. SECOND SCHEDULE 1v2eo of 1978 s. 8 5 G APPEALS COMMITTEE 02 ©2 (Made under section 99(3)) Composition 1.–(1) An Appeals Committee shall consist of, in the case of a region- (a) the Regional Commissioner who shall be the Chairman; (b) the Regional Police Commander; (c) the Regional Medical Officer; 359 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (d) the Regional Security Officer; (e) the Regional Accountant, who shall also be the Secretary of the Committee; and (f) two other members appointed to the Committee by the Regional Development Committee hereinafter referred to as . “appointed members”. AG (2) In the case of an Appeals Committee for a district, it shall consist of- f Oo (a) the District Commissioner of the district, who shall be theio n Chairman of the Committee; iss (b) the Officer-in-Charge of Police in the District; rm (c) the District Medical Officer; ut pe o (d) the District Accountant, who shall also be the Sitehcretary of the Committee; and w ed (e) two other members appointed to the Coumtrib mittee by the District Council hereinafter referre st ddi to as “appointed members”. or ce d Tenure of office 2.–(1) An appointed member shall, unless uhis appointment is sooner of appointed d revoked by the authority appointing himep, r oor he ceases to be a member members in any other way, hold office for suceh r period as may be specified in the instrument of his appointmenaty obr, if no period is specified in that instrument, for a period of threek myears from the date of his appointment and be eligible for reappointmo boent. (2) A Regional Develohpist m ent Committee and District Council may fill any casual vacancyo f t occurring in the membership of appointed members, and may rpeav roke the appointment of that member and appoint a replacement. o N (3) An appvoe din. ted member may resign by giving notice in writing to the authoritsye r appointing him of his intention to do so and shall, as from the date ss r e t pecified in the notice or, if the date is not specified, from the date wrigh hen the authority appointing him receives the notice, cease to be a m A lel mber of the Appeals Committee. a. Meetings of the n3ia .–(1) An Appeals Committee shall meet at such times as may be Committee z an necessary or expedient for the transaction of its business and all T of meetings shall be convened by the Chairman or, on the direction of the en t Chairman, by the Secretary, who shall appoint a suitable time, place and rnm date for the holding of each meeting. veo (2) The Chairman shall preside at all meetings of an Appeals 25 G Committee and, in his absence, the members present at the meeting 20 shall elect one of their number to preside at that meeting. © Quorum and 4.–(1) At any meeting of an Appeals Committee, the Secretary and voting at not less than three other members of the Appeals Committee shall meetings constitute a quorum. 360 THE INTOXICATING LIQUORS ACT [CAP. 77 R.E. 2023] (2) A decision of the majority of the members present and voting at a meeting of an Appeals Committee shall be deemed to be a decision of the Appeals Committee. (3) Every member of an Appeals Committee shall have one vote and in the event of an equality of votes the Chairman of the meeting shall . have a second or casting vote in addition to his deliberative vote. AG O Minutes of 5.–(1) The details of all business conducted or transacted at a meeting n o f proceedings of an Appeals Committee shall be entered by the Secretary in a minustse io book kept by the Appeals Committee for that purpose. rm i (2) The minutes of the proceedings of each meeting of an A e t p peals Committee shall be read and confirmed or amended and tchonu firmed, and be signed by the Chairman of the meeting at the sam ew itime or the next meeting of the Appeals Committee and any min d uutetes purporting to be signed shall, in the absence of proof of errori, ib s tbr e deemed to be a correct record of the meeting of which they purporo drt to be the minutes. Vacancies, etc., 6. Subject to paragraph 4 with regard tuoc eda quorum, an Appeals not to invalidate Committee may act notwithstanding anyro dvacancy in its membership proceedings and none of its acts or proceedings sh rae pll be invalid by reason only of some defect in the appointment of a bmey ember or a person who purports to be a member. a Committee may k m regulate own 7. Subject to the provisions obfo othis Act, the Committee may regulate its proceedings own proceedings in any mhaist n ner it thinks fit. f rt o o p a . N rve d e es hts r rig . A ll niaa an z of T en t ern m v G o 02 5 ©2 361 G. A of O sio n is rm t p e ou ith ted w u str ib i or d ce d u rod re p e ay b k m oo his b f t art o No p ed . rv se ts re igh All r nia . nz a a f T nt o me ve rn 5 G o 2 ©20