Liquor Licensing Act, 1970 Act 331 (Revised Edition)

ACT 331
Liquor Licensing Act, 1970
ACT 331
LIQUOR LICENSING ACT, 1970
ARRANGEMENT OF SECTIONS
Manufacture ofSpirits
SECTION
1. Licence to manufacture spirits.
2. Inspection of stills.
3. Regulations.
4. Offences.
Sale ofSpirits
5. Licence to sell spirits.
6. Akpeteshie.
7. Stock book to be kept.
8. Invoices.
9. Storage of spirits.
10. Regulations.
11. Offences.
Sale of Wine and Beer
12. Licence to sell wine and beer.
13. Regulations.
14. Offences.
Miscellaneous
15. Exclusion of young persons.
16. Power to demand name and address.
17. Police officers.
18. Offences.
19. Liability of employer.
20. Limitation of actions.
21. Sale without licence in special cases.
22. Interpretation.
23. Repeals and savings.
SCHEDULES
FIRST SCHEDULE
Fees
SECOND SCHEDULE
Fees
V-3301 [Issue 1]

ale without licence in special cases.
22. Interpretation.
23. Repeals and savings.
SCHEDULES
FIRST SCHEDULE
Fees
SECOND SCHEDULE
Fees
V-3301 [Issue 1]

ACT 331
Liquor Licensing Act, 1970
THIRD SCHEDULE
Duty per Gallon
FOURTH SCHEDULE
Fee
ACT 331
LIQUOR LICENSING ACT, 19701
AN ACT to consolidate the law relating to liquor licensing. Manufacture ofSpirits
1. Licence to manufacture spirits
(1) A person shall not manufacture or commence to manufacture spirits except under
and in accordance with a distiller’s licence. (2) The Minister responsible for Finance may, after consultation with the Minister, by
executive instrument direct that a distiller or group of distillers of refined spirits specified
in the instrument, be placed under the control of the Customs and Excise (Duties and
Other Taxes) Act, 1996 (Act 512). (3) The fees per annum payable for a distiller’s licence are those set out in the First
Schedule. 2. Inspection of stills
(1) An inspector may enter at any time the premises in respect of which a distiller’s
licence is in force. (2) A police officer in uniform may enter at any time the premises on which there are
reasonable grounds to suspect that spirits have been or are being manufactured in contra
vention of this Act.

any time the premises on which there are
reasonable grounds to suspect that spirits have been or are being manufactured in contra
vention of this Act.

(3) A person empowered to enter premises under this section may
(a) inspect the premises and the still, spirits or any other article in the premises;
(b) require a person on the premises to give information in the possession of
that person, regarding the activities carried on in the premises and the per
son by whom they are carried on;
(c) take away a sample not exceeding one-third of a pint from a container of
liquid found on the premises. 3. Regulations
(1) The Minister may, by legislative instrument, make Regulations
(a) for the issue of distillers’ licences by the Minister, and the conditions at
tached to and duration of the licences;
1. The Act was assented to on 2nd July, 1970. [Issue 1] V - 3302

cences by the Minister, and the conditions at
tached to and duration of the licences;
1. The Act was assented to on 2nd July, 1970. [Issue 1] V - 3302

ACT 331
Liquor Licensing Act, 1970
(b) for the method of collection of the fees payable for the licences;
(c) designating persons to act as inspectors for the purposes of section 2;
(d) amending the First Schedule;
(e) otherwise for carrying out the principles and purposes of sections 1 to 4;
() for materials and apparatuses for distilling akpeteshie;
(g) for the storage of akpeteshie for purposes of maturity. (2) Regulations made under subsection (1) may authorise the inclusion in a distiller’s li
cence of a condition requiring that spirits manufactured under the licence are offered for sale
to a statutory corporation or any other person named for that purpose in the Regulations. 4. Offences
(1) A person who
(a) contravenes section 1 (1), or
(b) obstructs or fails to comply with a requirement of an inspector or a police
officer in the exercise of powers under section 2, or
(c) contravenes a condition included in a distiller’s licence,
commits an offence and is liable on summary conviction to a fine not exceeding two
hundred and fifty penalty units or to a term of imprisonment not exceeding one year, or to
both the fine and the imprisonment.

fine not exceeding two
hundred and fifty penalty units or to a term of imprisonment not exceeding one year, or to
both the fine and the imprisonment.

(2) The apparatus and the spirits in relation to which the offence was committed shall
be forfeited and disposed of as the Court may direct. (3) In proceedings under subsection (1) a document purporting to state the results of
an analysis carried out by direction of the Minister responsible for Health is prima facie
evidence of the facts stated in the document. Sale ofSpirits
5. Licence to sell spirits
(1) Subject to subsection (2), a person shall not sell spirits on any premises or in the
open, except under and in accordance with
(a) a wholesale licence to sell spirits in quantities of not less than two gallons
at a time, not to be consumed on the premises, to a person who holds a
spirit licence, or
(b) a store licence to sell spirits for consumption on or off the premises, or
(c) a hotel licence to sell spirits within a hotel, or
(d) a restaurant licence to sell spirits to be consumed with a meal in a restaurant,
or
(e) an occasional licence to sell spirits on a special occasion at a specified
place, or
(f) a bar licence to sell spirits for consumption on the premises. V-3303 [Issue 1]

nce to sell spirits on a special occasion at a specified
place, or
(f) a bar licence to sell spirits for consumption on the premises. V-3303 [Issue 1]

ACT 331
Liquor Licensing Act, 1970
(2) Spirits manufactured by the holder of a distiller’s licence may be sold by the
holder
(a) wholesale, on the premises on which they were manufactured or in a store
remote from those premises, and
(b) retail, in that store, subject to the conditions that the Commissioner of the
Customs, Excise and Preventive Service may impose. (3) The fees payable for a licence under subsection (1) are those set out in the Second
Schedule. 6. Akpeteshie
(1) A person shall not sell akpeteshie under a spirit licence unless the licence is ex
pressly endorsed to authorise the licensee to sell akpeteshie. (2) A spirit licence may be limited to the sale of akpeteshie. (3) A spirit licence shall not be required for the sale of akpeteshie to a statutory cor
poration or any other person prescribed by the Regulations. (4) A distiller of refined spirit shall have a first option on the purchase of the products
of a distiller of akpeteshie. (5) The rate per gallon of the duty payable on akpeteshie produced is set out in the
Third Schedule.

ase of the products
of a distiller of akpeteshie. (5) The rate per gallon of the duty payable on akpeteshie produced is set out in the
Third Schedule.

(6) A duty is not payable on the sale by a manufacturer of akpeteshie of the products
of that manufacturer to a manufacturer of refined spirit. 7. Stock book to be kept
(1) A licensee shall enter into a stock book to be kept for that purpose a true record of
the spirits bought and sold by that licensee and shall within seven days after the expira
tion of every month render to the police officer in charge of the district in which the
licensee sells spirits, a true and accurate return in the form prescribed by the Regulations,
showing
(a) the quantity of each description of spirits on hand at the commencement of
that month,
(b) the quantity of each description of spirits bought or sold by the licensee
during that month and the names of the persons from whom, the quantity
was bought, and
(c) the stock of each description of spirits remaining on hand on the last day of
the immediately preceding month. (2) A licensee shall not render a return which is false or lacking in a material particular. (3) A police officer not below the rank of inspector, and a police officer authorised in
writing by a police officer not below the rank of inspector, may between the hours of
8 a.m. and 6 p.m.

inspector, and a police officer authorised in
writing by a police officer not below the rank of inspector, may between the hours of
8 a.m. and 6 p.m.

inspect the stock-in-trade of a licensee and require the licensee to pro
duce the stock book for the purpose of comparing the entries in the stock book with the
stock-in-trade, and may seize the spirits found in excess of the stock shown in the stock
book. [Issue 1] V-3304

he entries in the stock book with the
stock-in-trade, and may seize the spirits found in excess of the stock shown in the stock
book. [Issue 1] V-3304

ACT 331
Liquor Licensing Act, 1970
(4) This section does not apply to locally manufactured spirits. 8. Invoices
(1) A licensee shall retain and produce on demand for inspection by a police officer
not below the rank of inspector the invoices issued in respect of the purchases of spirits. (2) A licensee who sells spirits to a purchaser in a quantity other than tots shall issue
to that purchaser an invoice bearing
(a) the name and address of that purchaser,
(b) the number of the licensee’s licence, and
(c) the date of purchase. (3) The licensee shall retain the duplicate of the invoice and shall on demand produce
it to a police officer not below the rank of inspector. (4) This section does not apply to locally manufactured spirits. 9. Storage of spirits
A licensee shall not store spirits in a place other than the place of business of the
licensee. 10.

ocally manufactured spirits. 9. Storage of spirits
A licensee shall not store spirits in a place other than the place of business of the
licensee. 10.

Regulations
The Minister may, by legislative instrument, make Regulations
(a) prescribing the method and form of application for a licence to sell spirits
and the authority to which the application is to be made;
(b) prescribing the procedure relating to the grant of a licence, including the
consideration of objections to the grant, and appeals to the Minister from a
grant or a refusal to grant a licence;
(c) prescribing the form and duration of the licence, the method of collection
of fees payable for the licence, the conditions to be observed by a licensee
and the duties of a licensee;
(d) providing for the transfer of a licence;
(e) prescribing permitted hours and providing for matters in relation to the
prescribed hours;
(f) prescribing the time at or within the duty on akpeteshie produced is to be
paid, the method of collection of the duty, the repayment of a duty paid in
error contrary to subsection (6) of section 6;
(g) amending the Second and Third Schedules;
(/?) providing for or prescribing any other matter or thing which the Minister
considers expedient for giving effect to this Act. 11.

Third Schedules;
(/?) providing for or prescribing any other matter or thing which the Minister
considers expedient for giving effect to this Act. 11.

Offences
(1) A person who contravenes sections 5 (1), 6 (1) or 9 or a condition included in a
licence to sell spirits commits an offence and is liable on summary conviction to a fine
not exceeding fifty penalty units. V — 3305 [Issue 1]

ed in a
licence to sell spirits commits an offence and is liable on summary conviction to a fine
not exceeding fifty penalty units. V — 3305 [Issue 1]

ACT 331
Liquor Licensing Act, 1970
(2) A person who contravenes a provision of section 7 or 8 commits an offence and is
liable on summary conviction to a fine not exceeding two hundred and fifty penalty units
or to a term of imprisonment not exceeding one year, or to both the fine and the impris
onment; and the spirits seized under section 7 in relation to which the offence was com
mitted may be forfeited and disposed of as directed by the Court. (3) In the event of a second conviction of a licensed person under this section, the li
cence shall be suspended for a year, and in the event of a third or subsequent conviction
under this section that person shall be disqualified from holding a licence for a period, not
less than five years in each case, as directed by the Court. (4) A conviction for an offence under this section shall be endorsed on the licence of
the offender. Sale of Wine and Beer
12.

directed by the Court. (4) A conviction for an offence under this section shall be endorsed on the licence of
the offender. Sale of Wine and Beer
12.

Licence to sell wine and beer
(1) A person shall not sell wine or beer on any premises or in the open, except under
and in accordance with
(a) a spirit licence granted under section 5,
(b) an off-licence to sell wine and beer not to be consumed on the premises, or
(c) an on-licence to sell wine and beer which may be consumed on the premises. (2) The fee payable for a licence to sell wine and beer for a store is set out in the
Fourth Schedule. 13. Regulations
The Minister may, by legislative instrument, make Regulations
(a) prescribing or providing for, in respect of licences to sell wine and beer, the
matters that are prescribed or provided for under section 10 in respect of
licences to sell spirits;
(b) amending the Fourth Schedule. 14. Offences
(1) A person who contravenes section 12 (1) or a condition included in a licence to
sell wine and beer commits an offence and is liable on summary conviction to a fine not
exceeding fifty penalty units. (2) Subsections (3) and (4) of section 11 shall apply in the event of a conviction un
der this section as they apply to a conviction under section 11. Miscellaneous
15.

) and (4) of section 11 shall apply in the event of a conviction un
der this section as they apply to a conviction under section 11. Miscellaneous
15.

Exclusion of young persons
(1) A holder of a licence to sell spirits, wine or beer shall not allow a person under
the apparent age of eighteen years to be in the bar of the licensed premises during permit
ted hours. [Issue 1] V - 3306

hall not allow a person under
the apparent age of eighteen years to be in the bar of the licensed premises during permit
ted hours. [Issue 1] V - 3306

ACT 331
Liquor Licensing Act, 1970
(2) A licensee who contravenes subsection (1), and a person who causes or procures
a person under the apparent age of eighteen years to enter or to be in the bar of a licensed
premises during the permitted hours, commits an offence and is liable on conviction to a
fine not exceeding twenty-five penalty units and in default of payment to a term of im
prisonment not exceeding one month. (3) Where a person under the apparent age of eighteen years is found in the bar of a
licensed premises during permitted hours, the holder of the licence shall be deemed to
have committed an offence under this section unless the holder shows that due care to
prevent that person from being admitted to the bar was used or that the young person had
attained the age of eighteen years. (4) A licensee under this Act shall not sell spirits, wine or beer to a drunken person or
permit disorderly or improper conduct on the premises or a part of the premises attached
to the premises. 16.

its, wine or beer to a drunken person or
permit disorderly or improper conduct on the premises or a part of the premises attached
to the premises. 16.

Power to demand name and address
(1) A police officer in uniform may demand the name and address of a person found
after the permitted hours on any premises licensed for the sale of spirits, wine or beer,
and, if the police officer has reasonable ground to suspect that the name or address given
is false, may require evidence of its correctness. (2) A person who fails on demand to give the name and address, or satisfactory evi
dence of the name and address of that person, may be arrested by the police officer with
out warrant and taken as soon as practicable before a District Magistrate. 17. Police officers
A licensee under this Act shall not sell akpeteshie, spirits, beer or wine to a police of
ficer in uniform. 18.

strict Magistrate. 17. Police officers
A licensee under this Act shall not sell akpeteshie, spirits, beer or wine to a police of
ficer in uniform. 18.

Offences
A person who
(a) when required to give the name and address under section 16, fails to do so
or gives a false name or address, or
(b) not being an inmate, servant or lodger, on premises licensed for the sale of
spirits, wine or beer, or otherwise lawfully permitted to be on those prem
ises, is found on those premises after the permitted hours without reason
able excuse, or
(c) by personally and falsely representing to be a lodger, buys or obtains, or
attempts to buy or obtain, spirits, wine or beer at any premises after the
permitted hours,
commits an offence and is liable on conviction to a fine not exceeding fifteen penalty
units. 19. Liability of employer
A master or employer is liable for an offence committed under section 4, 11, 14 or 18
by the servant or agent of the master or employer in the course of employment. V-3307 [Issue 1]

for an offence committed under section 4, 11, 14 or 18
by the servant or agent of the master or employer in the course of employment. V-3307 [Issue 1]

ACT 331
Liquor Licensing Act, 1970
20. Limitation of actions
A prosecution shall not be commenced under this Act after the expiration of six
months from the date of the offence. 21. Sale without licence in special cases
This Act shall not prevent
(a) the executor or administrator of a deceased licensee or the assignee or trus
tee of a licensee who becomes insolvent or bankrupt before the expiration
of the licence, from selling the spirits, wine or beer coming to them in that
capacity in the premises specified in the licence; or
(b) the executor or administrator of a person not licensed who dies leaving
among the assets or estate of that person a private stock of spirits, wine or
beer not exceeding fifty gallons from selling it; or
(c) a person from selling the private stock of spirits, wine or beer or of that
person not exceeding twenty-five gallons at a sale of the effects of that per
son on leaving the Republic; or
(d) an officer of or a person authorised by a Court from selling the spirits, wine
or beer seized or taken in execution under due process of law. 22.

(d) an officer of or a person authorised by a Court from selling the spirits, wine
or beer seized or taken in execution under due process of law. 22.

Interpretation
In this Act, unless the context otherwise requires,
“ akpeteshie” means spirits manufactured in the Republic by the distillation of a
fermented liquid in a simple pot still;
“bar” means an open drinking bar on licensed premises or a part of the licensed
premises exclusively or mainly used for the sale and consumption of spirits, wine or
beer;
“beer” includes any description of beer, and a liquor made or sold as a description
of beer or as a substitute for beer and which contains more than one percent of pure
alcohol, but does not include pito and any other similar locally brewed liquors;
“blend” means to mix the products of two or more distillers to obtain a uniform
product;
“compound” means to mix an ingredient or material with spirits, but does not in
clude methylating;
“distiller” includes a person who produces spirits by the distillation of fermented
spirits or by chemical means and a person who rectifies, compounds, blends or methylates;
“licensee” means a person holding a licence to sell spirits, wine or beer under this
Act;
“methylate” means to mix non-potable methyl alcohol and other substances with
spirits to render them non-potable;
“Minister” means the Minister responsible for Industries;
[Issue 1] V-3308

ethyl alcohol and other substances with
spirits to render them non-potable;
“Minister” means the Minister responsible for Industries;
[Issue 1] V-3308

ACT 331
Liquor Licensing Act, 1970
“permitted hours” means the hours during which licensed premises are by the
Regulations allowed to be open for the sale of spirits, wine or beer under this Act;
“premises” includes a store, hotel or restaurant and its curtilage and a yard at
tached to the curtilage;
“ rectify” means to purify spirits by distillation, filtration or any other means;
“refined spirits” means spirits produced by rectifying akpeteshie;
“Regulations” means the Regulations made under this Act;
“sell” includes to dispose of by barter, exchange or in any other manner for valu
able consideration;
“spirits” include akpeteshie, brandy, gin, liqueur, rum, whisky and any other dis
tilled liquors and liquors mixed with spirits and mixture, compounds or preparations
made with spirits, but does not include alcohols other than ethyl alcohol and potable
methyl alcohol and medical preparations containing alcohol;
“store” includes a house, shop and every other building which is a hotel, bar or
restaurant;
“wine” does not include palm wine. 23. Repeals and savings
Spent.2
2.

udes a house, shop and every other building which is a hotel, bar or
restaurant;
“wine” does not include palm wine. 23. Repeals and savings
Spent.2
2.

The original section provided as follows:
“(1) The following enactments are hereby repealed:
Liquor Licenses (Spirits) Ordinance (Cap. 220);
Liquor Licences (Wine and Beer) Ordinance (Cap. 221);
Young Persons (Exclusion from Licensed Premises) Ordinance (No. 48 of 1952);
Liquor (Northern Territories) Ordinance (No. 26 of 1953);
Liquor Licences Act, 1959 (No. 19);
Manufacture and Sale of Spirits Act, 1962 (Act 154);
Manufacture and Sale of Spirits (Amendment) Decree, 1967 (N.L.C.D. 209);
Manufacture and Sale of Spirits (Amendment) Decree, 1968 (N.L.C.D. 219). (2) Notwithstanding the repeal of the Manufacture and Sale of Spirits Act, 1962 (Act 154), all statutory
instruments made thereunder and in force immediately before the commencement of this Act shall
continue in force as if made under the corresponding provision of this Act until revoked, modified or
otherwise altered.”
V-3309 [Issue 1]

s Act shall
continue in force as if made under the corresponding provision of this Act until revoked, modified or
otherwise altered.”
V-3309 [Issue 1]

ACT 331
Liquor Licensing Act, 1970
SCHEDULES
FIRST SCHEDULE
[Section 1 (3)]
Fees
$
1. Fee for distiller’s licence................................................................................. 400,000
2. Fee for distillers nominated under section 1 (2)
(a) distiller who methylates only.................................................................... 100,000
(b) distiller who compounds or blends only .................................................... 200,000
(c) distiller who rectifies only......................................................................... 400,000
(d) full distiller .............................................................................................. 600,000
SECOND SCHEDULE
[Section 5 (3)]
Fees
e
1. For a wholesale licence.......................................................................... 1,000,000 yearly or
500,000 half-yearly
2. For a store licence.................................................................................. 800,000 yearly or
400,000 half-yearly
3. For a hotel licence.................................................................................. 1,200,000 yearly or
600,000 half-yearly
4.

ly
3. For a hotel licence.................................................................................. 1,200,000 yearly or
600,000 half-yearly
4.

For a restaurant licence.......................................................................... 800,000 yearly or
400,000 half-yearly
5. For an occasional licence...................................................................... 100,000
6. For a bar licence.................................................................................... 800,000 yearly or
400,000 half-yearly
7. For an extension of hours licence........................................................... 10,000 for each
additional hour
8. For a wholesale licence limited to the sale of akpeteshie only................. 100,000 yearly or
50,000 half-yearly
THIRD SCHEDULE
[Section 6]
Duty per Gallon
[e400,000]
The duty on pait of a gallon shall be in proportion for any part of a gallon. The strength of
the spirits shall be determined by the Sykes’ hydiometer. [Issue 1] V-3310

ACT 331
Liquot Licensing Act, 1970
FOURTH SCHEDULE
(Section 12 (2)]
Fee
• 120,000 for a yearly licence and e 60,000 for a half-yearly licence
V-3311 [Issue 1]