Laws of Zambia ActiveHotels Act
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The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia REPUBLIC OF ZAMBIA THE HOTELS ACT CHAPTER 153 OF THE LAWS OF ZAMBIA CHAPTER 153 THE HOTELS ACT THE HOTELS ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARYPART I PRELIMINARY Section 1. Short title 2. Interpretation PART II THE HOTELS BOARDPART II T HE HOTELS BOARD The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 3. Establishment and composition of Board 4. Tenure and vacancies 5. Remuneration and allowances 6. Functions of Board 7. Proceedings of Board 8. Disclosure of interest 9. Immunity of members 10. Committees of Board PART III ADMINISTRATIONPART III ADMINISTRATION 11. Secretary and other staff 12. Prohibition of publication or disclosure of information to unauthorised persons PART IV LICENSING AND GRADING OF HOTELSPART IV LICENSING AND G RADING OF HOTELS 13. Licences 14. Conditions under which licences shall be granted 15. Transfer of hotel licence 16. Revocation of licences Section 17. Re-grading of hotels 18. Refusals, cancellations and re-gradings 19. Appeal to Minister PART V MISCELLANEOUSPART V M ISCELLANEOUS licences Section 17. Re-grading of hotels 18. Refusals, cancellations and re-gradings 19. Appeal to Minister PART V MISCELLANEOUSPART V M ISCELLANEOUS The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 20. Entry, inspection and information 21. Register of guests 22. Lien of hotel-keeper 23. Liabilities of an hotel-keeper 24. Settlement of bill 25. Service charge and tips 26. Offences and penalties 27. Regulations 28. Application of Liquor Licensing Act. Cap. 167 29. Repeal and disapplication CHAPTER 153 HOTELS An Act to enable control to be exercised over hotels for the purpose of enforcing therein reasonable standards of cleanliness, sanitation and service; to repeal and replace the Hotels Act, 1950, and to disapply the Inn-keepers Act, 1878, so far as it remains in force in Zambia; and to provide for matters connected with or incidental to the foregoing. [31st December, 1987] Act No. 27 of 1987 13 of 1994 1. This Act may be cited as the Hotels Act. Short title 2. ed with or incidental to the foregoing. [31st December, 1987] Act No. 27 of 1987 13 of 1994 1. This Act may be cited as the Hotels Act. Short title 2. In this Act, unless the context otherwise requires- Interpretation "Board" means the Hotels Board established under section three; "board" means the supplying of lodging and includes the supplying of lodging and meals by the same establishment whether or not separate charges are made for lodging, meals or any other service; "Chairman" means the Chairman appointed under section three; "committee" means a committee of the Board, established by the Board under subsection (1) of section ten; the Chairman appointed under section three; "committee" means a committee of the Board, established by the Board under subsection (1) of section ten; The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia "hotel" means a motel, lodge, boarding-house, resthouse, and any other building or premises used for the accommodation of the public in which lodgings are provided and provisions are supplied by the manager thereof but does not include any Government resthouse, hostel, school, or any premises or class of premises exempted from this Act by the Minister under section twenty-seven; "hotel-keeper" means a person to whom a hotel licence has been issued under subsection (1) of section thirteen, and includes a person to whom a licence has been transferred under section fifteen; "hotel licence" means a licence issued under subsection (1) of section thirteen; "hotel manager's licence" means a licence issued under subsection (2) of section thirteen and "hotel manager" shall be construed accordingly; "member" means a member of the Board, appointed under section three and includes the Chairman and the Vice-Chairman; "public officer" means a person in the employment of- (a) a department of the Government; (b) a statutory corporation; (c) a statutory body; or (d) a company in which the Government has majority or controlling interest; "register" means the register kept by an hotel-keeper under subsection (1) of section twenty-one; "Secretary" means the Secretary appointed under section eleven; "Vice-Chairman" means the Vice-Chairman appointed under section three; PART II THE HOTELS BOARDPART II T HE HOTELS BOARD 3. nted under section eleven; "Vice-Chairman" means the Vice-Chairman appointed under section three; PART II THE HOTELS BOARDPART II T HE HOTELS BOARD 3. (1) There shall be established an Hotels Board, which shall consist of- Establishment and composition of Board (a) a Chairman and a Vice-Chairman; (b) an Advocate of the High Court for Zambia; oard, which shall consist of- Establishment and composition of Board (a) a Chairman and a Vice-Chairman; (b) an Advocate of the High Court for Zambia; The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (c) a health inspector; (d) a member of the Hotels and Catering Association of Zambia; (e) a member of the Hotels and Catering Workers' Union of Zambia; and (f) not more than three other members. (2) The members referred to in paragraphs (a), (b), (c) and (f) of subsection (1) shall be appointed by the Minister in his discretion but the members referred to in paragraphs (d) and (e) shall be appointed by the Minister in accordance with the recommendation of the organisation concerned. (3) Members, except those referred to in paragraphs (a), (b), (c) and (f) of subsection (1), may nominate a member of their organisation to represent them at a particular meeting and that representative shall, for the purposes of that meeting, be a member. 4. (1) Members shall hold office for three years and may be re-appointed. Tenure and vacancies (2) Members may resign upon giving one month's notice in writing to the Minister and may, at any time, be removed by the Minister. enure and vacancies (2) Members may resign upon giving one month's notice in writing to the Minister and may, at any time, be removed by the Minister. (3) No person shall be appointed a member and where he is a member he shall cease to be a member- (a) if he is declared to be of unsound mind; (b) if he is an undischarged bankrupt; (c) if he is detained, or his freedom of movement is restricted, for over six months under any law in force in Zambia; (d) if he is sentenced to a term of imprisonment longer than six months; or (e) if he is convicted of an offence involving dishonesty. orce in Zambia; (d) if he is sentenced to a term of imprisonment longer than six months; or (e) if he is convicted of an offence involving dishonesty. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 5. Members and members of committees shall not receive any remuneration in respect of their services, but the Board may, with the approval of the Minister, determine and pay to them allowances in respect of attendance at meetings or while otherwise engaged on the business of the Board. Remuneration and allowances 6. nd pay to them allowances in respect of attendance at meetings or while otherwise engaged on the business of the Board. Remuneration and allowances 6. (1) The functions of the Board shall be to- Functions of Board (a) enforce in hotels reasonable standards of cleanliness, sanitation and service; (b) ensure that proper provision is made for the sanitation of hotels; (c) ensure that proper provision is made for hotels to be managed in an efficient manner; (d) ensure that proper provision is made for the safety of persons and goods in hotels; (e) ensure that the food in hotels is properly stored, prepared, cooked and served; (f) ensure that the premises in respect of which a hotel licence is issued are structurally adapted for use as an hotel; (g) issue hotel licences and hotel manager's licences; (h) enter at any reasonable time the premises of a hotel for the purpose of ascertaining whether this Act or regulations made under it are being complied with; and (i) do all such things as are necessary to promote the hotel industry and the welfare of guests. (2) The Board may, by directions in writing and subject to such conditions as it thinks fit, delegate to a member, the Secretary or other official in the Ministry responsible for hotels, any of its functions under this Act. 7. s it thinks fit, delegate to a member, the Secretary or other official in the Ministry responsible for hotels, any of its functions under this Act. 7. (1) Subject to this Act, the Board may regulate its own procedure. Proceedings of Board (2) The Board shall meet for the transaction of business at least once in every three months at such places and at such times as the Chairman may determine. e Board shall meet for the transaction of business at least once in every three months at such places and at such times as the Chairman may determine. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (3) Upon giving notice of not less than fourteen days, a meeting of the Board may be called by the Chairman, and shall be called if not less than four members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of the notice, a special meeting may be called upon giving a shorter but reasonable notice in the circumstances. (4) The particulars of any business to be transacted at a meeting of the Board shall be circulated to the members together with the notice of the meeting. (5) Five members shall form a quorum at a meeting of the Board. (6) The Chairman shall preside at every meeting of the Board or in the absence of the Chairman, the Vice-Chairman shall preside and in the absence of both the Chairman and Vice-Chairman, a member elected by the members present for the purpose of that meeting, shall preside. ide and in the absence of both the Chairman and Vice-Chairman, a member elected by the members present for the purpose of that meeting, shall preside. (7) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (8) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting but that person shall have no vote. (9) The validity of any proceedings, act or decision of the Board, shall not be affected by any vacancy in its membership or by any defect in the appointment of any member or because any person not entitled to do so took part in the proceedings. (10) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board. 8. ard shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board. 8. (1) If any person is present at a meeting of the Board at which any matter in which that person or his spouse is directly or indirectly interested in a private capacity is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. Disclosure of interest (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it was made. ter. Disclosure of interest (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it was made. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 9. No action or other proceeding shall lie or be instituted against any member for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act. Immunity of members 10. (1) The Board may, for the purpose of performing its functions under this Act, establish any committee the Chairman of which shall be a member of the Board and may delegate to any such committee such of its functions as it determines. Committees of Board (2) The Board may appoint, as members of a committee established under subsection (1), persons who are or who are not members of the Board and such persons shall hold office for such period as the Board may determine. (3) Subject to any specific or general directions of the Board, any committee established under subsection (1) may regulate its own procedure. (4) Sections eight and nine shall apply to members of a committee. PART III ADMINISTRATIONPART III ADMINISTRATION 11. (1) The Public Service Commission shall appoint a Secretary to the Board, which office shall be in the public service. TIONPART III ADMINISTRATION 11. (1) The Public Service Commission shall appoint a Secretary to the Board, which office shall be in the public service. Secretary and other staff (2) The Secretary is responsible for the administration of the day-to-day affairs of the Board under the general supervision of the Board. (3) The Public Service Commission shall also provide to the Board the services of such other public officers, which shall include inspectors, as may be required for the efficient discharge of the functions of the Board. 12. (1) No person shall, without the consent in writing given by or on behalf of the Board, publish or disclose to any person otherwise than in the course of his duties, the contents of any document, communication or information, which relates to, and which has come to his knowledge in the course of, his duties under this Act. Prohibition of publication or disclosure of information to unauthorised persons (2) A person who knowingly contravenes subsection (1) is guilty of an offence and liable, upon conviction, to a fine not exceeding two thousand two hundred and fifty penalty units or to imprisonment not exceeding three years, or both. able, upon conviction, to a fine not exceeding two thousand two hundred and fifty penalty units or to imprisonment not exceeding three years, or both. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (3) If a person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates that information to any other person, he is guilty of an offence and liable, upon conviction, to a fine not exceeding two thousand two hundred and fifty penalty units or to imprisonment for a term not exceeding three years, or both. (As amended by Act No. 13 of 1994) PART IV LICENSING AND GRADING OF HOTELSPART IV LICENSING AND G RADING OF HOTELS 13. (1) No person shall operate an hotel unless he has previously obtained an hotel licence from the Board specifying the premises in respect of which the licence is granted. Licences (2) No person shall manage an hotel unless he has previously obtained an hotel manager's licence from the Board. (3) An hotel licence or an hotel manager's licence shall commence on the day on which it is issued and, unless previously cancelled, shall expire on the 31st December following the date of commencement. 14. commence on the day on which it is issued and, unless previously cancelled, shall expire on the 31st December following the date of commencement. 14. (1) No hotel licence shall be granted by the Board unless the Board is satisfied that- Conditions under which licences shall be granted (a) the applicant does not fall under any of the disqualifications specified in subsection (3) of section four; (b) the premises in respect of which the application is made are structurally adapted for use as an hotel; (c) proper provision has been made for the sanitation of the hotel; (d) proper provision has been made for the hotel to be managed in an efficient manner; (e) proper provision has been made for the storage, preparation, cooking and serving of food in the hotel; (f) the premises in respect of which the application is made comply with the Public Health Act and regulations made under it, and a certificate to that effect is produced; and Cap. 295 ch the application is made comply with the Public Health Act and regulations made under it, and a certificate to that effect is produced; and Cap. 295 The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (g) the applicant meets such additional requirements relating to- (i) paragraphs (b) to (f); or (ii) the welfare of guests; as the Board may determine. (2) No hotel manager's licence shall be granted by the Board unless the Board is satisfied that the applicant is of good character and meets such other conditions as the Board may determine. 15. Where a holder of a hotel licence informs the Board that he intends to transfer that licence to some other person, the Board may authorise the transfer if it is satisfied that the conditions specified in or under subsection (1) of section fourteen have been complied with. Transfer of hotel licence 16. if it is satisfied that the conditions specified in or under subsection (1) of section fourteen have been complied with. Transfer of hotel licence 16. (1) Where it appears to the Board that after the grant of an hotel licence or an hotel manager's licence- Revocation of licences (a) an hotel is being conducted in an unclean or insanitary manner; (b) an hotel is not being conducted in an efficient manner; (c) the food served in an hotel is not properly prepared, cooked or served; (d) any condition specified in or under subsection (1) of section fourteen is not being complied with; (e) the hotel-keeper or the hotel administration is involved in, encourages, or condones, crime being committed in or around the hotel; or (f) the hotel keeper is convicted of an offence under the Control of Goods Act or regulations made thereunder; the Board may, subject to subsections (2) and (3), revoke the hotel licence or the hotel manager's licence, or both: Provided that a hotel manager's licence shall not be revoked if the Board is satisfied that any contravention under this subsection took place without his knowledge, consent or connivance. e shall not be revoked if the Board is satisfied that any contravention under this subsection took place without his knowledge, consent or connivance. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (2) Where there is a contravention under subsection (1) the Board may require the hotel-keeper, by notice in writing, to correct the contravention within a period, not being less than thirty days, and if the hotel-keeper fails to do so to the satisfaction of the Board within the specified period, the Board may revoke in writing the hotel licence or the hotel manager's licence, but the revocation of either licence shall not take effect until the expiration of thirty days from the date of the notice to revoke: Provided that where the nature or extent of the contravention is serious, the Board may order that the revocation of the hotel licence or hotel manager's licence shall take effect immediately. 17. (1) The Board may, on the application of an hotel-keeper or on its own motion, grade or re-grade hotels. 's licence shall take effect immediately. 17. (1) The Board may, on the application of an hotel-keeper or on its own motion, grade or re-grade hotels. Re-grading of hotels (2) Where it appears to the Board that an hotel is not being managed in a manner conforming to the class in which the hotel is graded, the Board may, upon giving notice to the hotel-keeper, remove the name of the hotel from the class in which it is registered and place it in a lower class, but the regrading shall not take effect until the expiration of thirty days from the date of the notice. 18. The Board shall not refuse an application for an hotel licence or an application to transfer an hotel licence or cancel an hotel licence granted under subsection (1) of section thirteen or re-grade an hotel under section seventeen unless the hotel manager or hotel-keeper has been furnished, in writing, by the Board, with the reasons for the refusal, cancellation or regrading and has been given an opportunity of appearing before the Board and of being heard in support of the application, or in opposition to the cancellation or re-grading. Refusals, cancellations and re-gradings 19. oard and of being heard in support of the application, or in opposition to the cancellation or re-grading. Refusals, cancellations and re-gradings 19. (1) A person aggrieved by- Appeal to Minister (a) a refusal by the Board to grant a licence or to permit the transfer of an hotel licence; (b) the cancellation of a licence by the Board; or (c) the grading or re-grading of an hotel by the Board; may, within thirty days from the date of receipt of notification of the refusal, cancellation, grading or re-grading, appeal to the Minister, who may confirm, vary or set aside the decision of the Board, or send it back to the Board for further consideration. (2) If the Minister is satisfied that the failure to lodge an appeal within the thirty days referred to in subsection (1) was not due to the neglect or wilful default of the applicant, he may allow the appeal to be lodged out of time. ty days referred to in subsection (1) was not due to the neglect or wilful default of the applicant, he may allow the appeal to be lodged out of time. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (3) In every case in which an appeal under this section has been lodged, the Board shall submit to the Minister in writing the grounds for its decision. PART V MISCELLANEOUSPART V M ISCELLANEOUS 20. A member, or any person authorised in writing by the Board in that behalf may, at any reasonable time, enter and inspect the premises of an hotel and may require the hotel-keeper to furnish such information as is necessary to enable the Board to carry out its functions. Entry, inspection and information 21. (1) Every hotel-keeper shall keep a register in which shall be recorded the name of every guest and such other particulars as may be prescribed. n 21. (1) Every hotel-keeper shall keep a register in which shall be recorded the name of every guest and such other particulars as may be prescribed. Register of guests (2) Every hotel-keeper shall- (a) present the register to every person who intends to stay at his hotel and request him to write his name in the register together with such other particulars as may be prescribed; (b) present the register for inspection when so requested by a member of the Board, or by a police officer of or above the rank of Sub-Inspector; and (c) supply to any police officer of or above the rank of Sub-Inspector the original of any entry in the register or duplicate thereof when requested by that officer. (3) An hotel-keeper who fails to comply with subsection (2) is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (4) An hotel-keeper may refuse to allow into his hotel a guest who refuses or fails to give the particulars prescribed by or under this Act. (5) A guest who makes a statement in the register of guests knowing that statement to be false is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. ffence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) (As amended by Act No. 13 of 1994) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 22. (1) An hotel-keeper may detain goods brought into the hotel or left in the hotel by a guest indebted to him for board and may continue to detain the goods until the debt is paid but may not detain the clothing which the person is wearing. Lien of hotel-keeper (2) An hotel-keeper shall have the right to sell by public auction goods detained under subsection (1) and shall, after having out of the proceeds of the sale paid himself the amount of the debt together with the costs and expenses of the sale, make reasonable efforts to pay to the guest whose goods have been sold, the surplus, if any, remaining after the sale. (3) No sale of the goods referred to in subsection (1) shall be made until after the goods have been for six weeks in the charge or custody of the hotel-keeper or in the hotel without the debt having been paid or satisfied. l after the goods have been for six weeks in the charge or custody of the hotel-keeper or in the hotel without the debt having been paid or satisfied. (4) At least one month before any sale is made under this section, the hotel-keeper shall cause to be published in at least one newspaper circulating in the district where the hotel is situated, an advertisement containing notice of such intended sale and giving briefly a description of the goods intended to be sold, together with the name of the guest who brought, deposited or left the goods, if known. giving briefly a description of the goods intended to be sold, together with the name of the guest who brought, deposited or left the goods, if known. (5) Where goods are sold under subsection (2) the hotel-keeper shall, before the expiration of the period of seven days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars: (a) a sufficient description of the goods; (b) the method, date and place of the sale; (c) the name and principal place of business of the auctioneer; (d) the amount of the proceeds of the sale; and (e) a statement of each item of the charges of the hotel-keeper in relation to the goods and the transaction to which each item relates; and shall during the period of six years beginning with the date on which the record is prepared, keep the record together with a copy of the notice of the hotel-keeper to sell the goods and shall at any reasonable time during the period of six years, if so requested by or on behalf of the guest, produce the record, copy and certificate, or any of them, for inspection by the guest or a person nominated in that behalf by him. ehalf of the guest, produce the record, copy and certificate, or any of them, for inspection by the guest or a person nominated in that behalf by him. (6) A person who fails to comply with this section, is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 23. (1) Without prejudice to any other liability incurred by him with respect to any property brought into the hotel by a guest, a hotel-keeper shall, except as otherwise provided in this section, be liable to make good to that guest any loss or damage to the property where- Liabilities of an hotel-keeper (a) the loss or damage was incurred in the hotel; and (b) the loss or damage occurred during the period the guest has been residing at the hotel or has left the goods in the custody of the hotel-keeper. (2) Without prejudice to any other liability or right of his with respect thereto, an hotel-keeper shall not, as such, be liable to make good to any guest any loss of, or damage to, or have a lien on, any motor vehicle or any property left therein. shall not, as such, be liable to make good to any guest any loss of, or damage to, or have a lien on, any motor vehicle or any property left therein. (3) Where the hotel-keeper is liable as such to make good the loss of or any damage to property brought to the hotel, his liability to any one guest shall not exceed one thousand kwacha in respect of any one article, or five thousand kwacha in the aggregate, except where- (a) the property was stolen, lost or damaged through the default, neglect or wilful act of the hotel-keeper or his servant or agent; (b) the property was deposited by or on behalf of the guest expressly for safe custody with the hotel-keeper or his servant or agent authorised or appearing to be authorised for the purpose and, if so required by the hotel-keeper or that servant or agent, put into a container fastened or sealed by the depositor; or (c) at any time after the guest had arrived at the hotel, either the property in question was offered for deposit and the hotel-keeper or his servant or agent refused to receive it, or the guest or some other person acting on his behalf wished to so offer but through the default of the hotel-keeper or his servant or agent, was unable to do so: Provided that the hotel-keeper shall not be entitled to the protection of this subsection unless, at the time when the property in question was brought to the hotel, a notice to that effect printed in plain type was conspicuously displayed in a place where it could conveniently be read by his guest at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the hotel. e read by his guest at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the hotel. 24. A person who leaves an hotel without either paying his bill for board or making arrangements with the hotel-keeper, his agent or servant that the bill may be left in abeyance is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) Settlement of bill eding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) Settlement of bill The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 25. (1) A hotel shall add to every bill a service charge of ten per centum of the bill, which shall be paid in equal shares to all the employees who are unionised or are eligible for union membership. Service charge and tips (2) An hotel-keeper who contravenes subsection (1) is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or to imprisonment not exceeding three months, or both. (3) The court convicting a hotel-keeper for a contravention of subsection (1) shall, in addition to the penalties prescribed in subsection (2), enter civil judgment in favour of the workers affected and order the hotel-keeper to pay the money owing. (4) No person is obliged to give a tip for any service rendered in an hotel and the hotel-keeper of each hotel shall display a notice to that effect printed in plain type in a conspicuous place in the hotel where it could conveniently be read by a guest in the hotel. (As amended by Act No. 13 of 1994) 26. in plain type in a conspicuous place in the hotel where it could conveniently be read by a guest in the hotel. (As amended by Act No. 13 of 1994) 26. A person who contravenes this Act or any direction given under it or regulations made under it shall, unless a different penalty is provided, be liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) Offences and penalties 27. (1) The Minister may, by statutory instrument, make regulations for the better carrying out of the purposes of this Act. Regulations (2) In particular but without prejudice to the generality of the power conferred in subsection (1), regulations may be made- (a) exempting premises or categories of premises from the provisions of this Act; (b) prescribing the form of any licence under this Act and the fees payable therefor; (c) providing for the grading of hotels and all matters incidental thereto; (d) providing for returns to be supplied from time to time by hotel-keepers to the Board or to any person authorised by the Board in that behalf, showing the number of guests staying at the hotel; time to time by hotel-keepers to the Board or to any person authorised by the Board in that behalf, showing the number of guests staying at the hotel; The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (e) regulating the hours of employment of any person employed in any capacity in connection with the business of an hotel; (f) prescribing the form of the register to be kept under section twenty-one; (g) requiring the disposal of the register or any part thereof; and (h) prescribing any other matter which is required or permitted to be prescribed under this Act. (3) Regulations made under this section may provide for the cancellation, by the court trying the offence, of the licence of any hotel-keeper who is convicted of any contravention of the regulations. 28. Nothing in this Act shall affect the Liquor Licensing Act or regulations made under it. Application of Liquor Licensing Act. Cap. 167 29. The Inkeepers Act, 1878, shall, so far as it remains in force in Zambia, cease to have effect. Repeal and disapplication Cap. 251, 41 and 42 Vic. C38 Cap. 251 SUBSIDIARY LEGISLATION THE HOTELS ACT T HE HOTELS REGULATIONS a, cease to have effect. Repeal and disapplication Cap. 251, 41 and 42 Vic. C38 Cap. 251 SUBSIDIARY LEGISLATION THE HOTELS ACT T HE HOTELS REGULATIONS The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia ARRANGEMENT OF REGULATIONS Regulation 1. Title 2. Interpretation 3. Applications for licences 4. Procedure on application 5. Consideration of application 6. Grant of licence 7. Notification of change of ownership 8. Classification of hotels 9. Factors governing classification 10. Issue of notice of classification 11. Keeping of register 12. List of charges to be displayed 13. Notice of classification to be displayed 14. Bedrooms to be numbered 15. Accommodation in a double room 16. Charges for full board terms 17. Bill to be supplied 18. Authentication of documents 19. Power of inspector 20. Penalties 21. Publication in Gazette 22. Revoked by S.I. No. 162 of 1985 23. Revoked by S.I. No. 162 of 1985 24. documents 19. Power of inspector 20. Penalties 21. Publication in Gazette 22. Revoked by S.I. No. 162 of 1985 23. Revoked by S.I. No. 162 of 1985 24. Revocation SCHEDULE -Prescribed Forms F ORM 1 Application for Licence to Keep or Manage an Hotel FORM 2 Application for Renewal of Licence to Keep or Manage an Hotel FORM 3 Application for Hotel Manager's Licence FORM 4 Hotel Manager's Licence FORM 5 Licence to Keep or Manage an Hotel FORM 6 Notice of Classification FORM 7 Register of Guests CHAPTER 153 SECTION 15- HOTELS REGULATIONS Regulations by the Minister Statutory Instrument 161 of 1983 162 of 1985 fication FORM 7 Register of Guests CHAPTER 153 SECTION 15- HOTELS REGULATIONS Regulations by the Minister Statutory Instrument 161 of 1983 162 of 1985 The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 1. These Regulations may be cited as the Hotels Regulations. Title 2. In these Regulations, unless the context otherwise requires- Interpretation "accommodation" means the supply of a bed with linen and sufficient and suitable bed-covers and includes the cleaning of the bedroom and any other supply or service which may reasonably be expected in an hotel of the class to which the licence relates; "bath" includes supply of adequate hot and cold water, soap and towels, and cleaning of the bath and bathroom; "bed and breakfast" means accommodation and continental breakfast; "double room" means a room of at least sixteen square metres with not more than two beds excepting a baby cot; "full board" includes accommodation, early morning tea, breakfast, luncheon, dinner and bath; "hotel manager" means the person who has overall charge of the day-to-day affairs of an hotel; "single room" means a room of at least eleven square metres with not more than one bed excepting a baby cot; "suite" means a bedroom with bathroom, and interleading lounge. 3. m of at least eleven square metres with not more than one bed excepting a baby cot; "suite" means a bedroom with bathroom, and interleading lounge. 3. (1) Any person required by the Act to obtain a licence to keep or manage an hotel shall submit an application to the Board in Form 1 in the Schedule. Applications for licences (2) Any person required by the Act to renew such licence shall submit an application to the Board in Form 2 in the Schedule. (3) With effect from the 1st January, 1984, any person desiring to be or continue to be an hotel manager must hold an hotel manager's licence issued by the Board by that date. 1st January, 1984, any person desiring to be or continue to be an hotel manager must hold an hotel manager's licence issued by the Board by that date. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (4) An application for an hotel manager's licence shall be in Form 3 in the Schedule and the licence shall be in Form 4 in the Schedule; the Board shall determine its own criteria for issuing a hotel manager's licence. 4. (1) Upon receipt of an application, the Board shall satisfy itself that the particulars set out therein are correct and shall carry out such investigation or inspection as may be necessary. Procedure on application (2) Upon receipt of an application, the Board shall furnish the applicant with an acknowledgement and shall specify therein the date on which the Board shall consider such application. 5. Upon the date appointed for the consideration of an application, the Board shall consider the particulars set out therein together with such reports of inspections and inquiries as may have been called for, and may- Consideration of application (a) grant or refuse a licence; (b) postpone consideration of the application for any reason which the Board may deem just. 6. The licence granted by the Board in respect of an hotel shall be in Form 5 in the Schedule. Grant of licence 7. ason which the Board may deem just. 6. The licence granted by the Board in respect of an hotel shall be in Form 5 in the Schedule. Grant of licence 7. When the ownership of an hotel is changed, the holder of the licence shall notify the Board of such change forthwith. Notification of change of ownership 8. The Board shall classify hotels into such classes and in accordance with such principles as the Board may from time to time decide. The Board shall publish particulars of such classes and principles in the Gazette. Classification of hotels 9. In determining the classification of an hotel, the Board shall take into consideration all the factors affecting the overall standard of an hotel and in particular the following: (a) the standard of service and efficiency of the management and the staff; (b) the degree of comfort afforded, the quality of the equipment and furnishings, the proportion of bathrooms to the number of bedrooms and the number of private bathrooms in proportion to the whole; (c) the standard of cleanliness throughout the hotel and the sanitary facilities provided; the manner in which food is stored, prepared, cooked and served and the quality of the food; (d) the structure of the hotel buildings and the amenities provided by public rooms, recreational facilities and grounds. Factors governing classification the structure of the hotel buildings and the amenities provided by public rooms, recreational facilities and grounds. Factors governing classification The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 10. The Board shall, upon classification of any hotel in accordance with these Regulations, send to the holder of the licence for such hotel a notice in writing in Form 6 in the Schedule informing him of such classification. Issue of notice of classification 11. Every hotel-keeper required under section thirteen of the Act to keep a register for the purpose of showing the name of every guest shall keep such register in book form in Form 7 in the Schedule. Keeping of register 12. Every hotel-keeper shall cause a list of current charges for his hotel to be clearly printed and a copy of it to be displayed in every bedroom and in a prominent place at the reception desk at his hotel. Any person who contravenes the provisions of this regulation shall be guilty of an offence. List of charges to be displayed 13. Every hotel-keeper shall cause the notice of classification to be exhibited at the reception desk of the hotel, and he shall not advertise or describe his hotel in any publication, leaflet, brochure, broadcast or elsewhere as being of a higher class than that described in such notice. ise or describe his hotel in any publication, leaflet, brochure, broadcast or elsewhere as being of a higher class than that described in such notice. Any person who contravenes the provisions of this regulation shall be guilty of an offence. Notice of classification to be displayed 14. Every bedroom shall be numbered and the number allotted to each such room shall be clearly marked on the outside of the door thereof. Bedrooms to be numbered 15. (1) When a person occupies a double room because no single-room accommodation is available, the hotel-keeper shall not charge to such person, in respect of the room, a rate higher than that fixed for single-room accommodation: Accommodation in a double room Provided that the hotel-keeper may, at any time, request such person to share a room with another person, and, if the first person agrees, he shall be charged as regards accommodation and for so long as the room is shared with the other person, half the price chargeable for a double room; and, if he refuses, such first person may be charged the full price for the double-room accommodation. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence. 16. the full price for the double-room accommodation. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence. 16. No guest staying at an hotel on full board terms shall be entitled to any reduction in charges by reason of the fact that he may not have consumed the full number of meals supplied under full board terms. Charges for full board terms in charges by reason of the fact that he may not have consumed the full number of meals supplied under full board terms. Charges for full board terms The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 17. An hotel-keeper shall furnish every guest staying at his hotel with a bill showing in detail the item or items supplied and the charge or charges made therefor and, on payment being made, with a receipt duly dated and signed. Every such bill and receipt shall be numbered consecutively and a carbon copy thereof shall be kept by the hotel-keeper and, for one year from the date of issue, such copy shall be available for inspection by a member of the Board or a person authorised in writing by the Board. Any person failing to comply with the provisions of this regulation shall be guilty of an offence. Bill to be supplied 18. Every notice, order or other document issued by the Board shall be signed by the Chairman thereof, or by some person authorised in writing by the Chairman for the purpose, and when so signed shall for all purposes be deemed to have been duly issued by the Board until the contrary be proved. Authentication of documents 19. nd when so signed shall for all purposes be deemed to have been duly issued by the Board until the contrary be proved. Authentication of documents 19. Any person authorised in writing by the Board in terms of section twelve of the Act and acting in the course of his duties may- (a) require any hotel-keeper or any of his employees, servants or agents to produce to him any article, books or accounts or other documents relating to the business of the hotel, other than profit and loss, trading accounts and balance sheets; (b) investigate any matter arising under the provisions of the Act; (c) seize and detain any article, books or documents relating to the business of any hotel, other than profit and loss, trading accounts and balance sheets, if he has reasonable grounds for suspecting that they contain evidence of the commission of an offence against the Act. Power of inspector 20. (1) Any person who is convicted of an offence against these Regulations shall be liable to a fine not exceeding one thousand two hundred and fifty penalty units or to imprisonment for six months, or to both, and the court trying the offence may order the cancellation of any licence held by any hotel-keeper who is convicted, or whose employee, servant or agent is convicted, of an offence against these Regulations. n of any licence held by any hotel-keeper who is convicted, or whose employee, servant or agent is convicted, of an offence against these Regulations. Penalties (2) Any person who abets the commission of, or attempts to commit, any offence against these Regulations shall himself be guilty of an offence. (As amended by Act No. 13 of 1994) 21. A classification or reclassification of an hotel by the Board shall be published in the Gazette. Publication in Gazette 22. Revoked by S.I. No. 162 of 1985 23. Revoked by S.I. No. 162 of 1985 24. The Hotels Regulations are hereby revoked. Revocation of S.I. No. 106 of 1983 The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SCHEDULE PRESCRIBED FORMS cation of S.I. No. 106 of 1983 The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SCHEDULE PRESCRIBED FORMS The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia For Official Use Only 1 .............................. 2 .............................. 3 .............................. 4 .............................. 5 .............................. THE HOTELS ACT FORM 1 (Regulation 3 (1)) APPLICATION FOR LICENCE TO KEEP OR MANAGE AN HOTEL I, ............................................................................................................hereby apply in terms of section 5 of the Hotels Act for a licence to keep/manage* the undermentioned hotel. 1. Name of hotel .................................................................................................................................................................. 2. Address of hotel ................................................................................................................................................................ 3. Name of proprietor ............................................................................................................................................................ ...................................................................................................................................................... (if partnership, give names of all partners; if limited company, names of directors). 4. Name of manager ............................................................................................................................................................ 5. Qualifications and/or experience of proprietor or manager in keeping or managing an hotel: .......................................................................................................................................................................................... .......................................................................................................................................................................................... 6. Municipal valuation of property ........................................................................................................................................ 7. Number of bedrooms: (a) Single TOTAL.. (b) Double TOTAL.. No ................ With bath- room and W.C. No.......... With bath- room and W.C. No ................ With bath- room and no W.C No.......... With bath- room and no W.C. No ................ Without bath- room and with H. & C. d W.C. No ................ With bath- room and no W.C No.......... With bath- room and no W.C. No ................ Without bath- room and with H. & C. No.......... Without bath- room but with H. & C. No ................ Without H. & C. No.......... Without H. & C. No.......... Without bath- room but with H. & C. No ................ Without H. & C. No.......... Without H. & C. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 8. Number of: (a) ladies' bathrooms ..................................................................................................*(1) (b) gentlemen's bathrooms ..........................................................................................*(2) For resident guests: (c) ladies' lavatories ....................................................................................................*(3) (c) (i) with water-borne sanitation .................................................................................... (c) (ii) without water-borne sanitation .............................................................................. (d) gentlemen's lavatories ..........................................................................................*(4) (d) (i) with water-borne sanitation .................................................................................... (d) (ii) without water-borne sanitation .............................................................................. ............................... (d) (ii) without water-borne sanitation .............................................................................. For non-resident guests: (e) ladies' lavatories ....................................................................................................*(5) (e) (i) with water-borne sanitation .................................................................................... (e) (ii) without water-borne sanitation .............................................................................. (f) gentlemen's lavatories ............................................................................................*(6) (f) (i) with water-borne sanitation ...................................................................................... (f) (ii) without water-borne sanitation ................................................................................ (g) sitting-rooms for resident guests .................................................................................. (g) (i) sitting-rooms for non-resident guests .................................................................... (h) writing-rooms .............................................................................................................. ..................... (h) writing-rooms .............................................................................................................. (i) sample rooms .............................................................................................................. (j) other public rooms ........................................................................................................ *Excluding private bathrooms, lavatories and sitting-rooms. 9. Is garage accommodation provided? .............................................................................................................................. If so, describe and state for how many cars .................................................................................................................. 10. What is the system of lighting? ...................................................................................................................................... 11. What is the system of water supply? .............................................................................................................................. If not on mains supply, state quantity of water available ..........................................................................litres per day. 12. What is the system of sanitation? ity of water available ..........................................................................litres per day. 12. What is the system of sanitation? .................................................................................................................................. 13. Are all rooms mosquito-proofed? .................................................................................................................................... If not, state number proofed ......................... ; number unproofed ................................................................................ 14. Average number of staff employed: Managers ........................................................................................................................................................................ Chefs .............................................................................................................................................................................. Cooks .............................................................................................................................................................................. ...................................................................................................................................................... Barmen .......................................................................................................................................................................... Housekeepers ................................................................................................................................................................ Receptionists .................................................................................................................................................................. Waiters ............................................................................................................................................................................ Kitchen staff .................................................................................................................................................................... Bedroom staff .................................................................................................................................................................. ...................................................................................................................................................... Others (specify) .............................................................................................................................................................. 15. Are laundry facilities provided for guests? ...................................................................................................................... The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia ........................................................ The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia For Official Use Only 1 .............................. 2 .............................. 3 .............................. 4 .............................. 5 .............................. THE HOTELS ACT FORM 2 (Regulation 3 (2)) APPLICATION FOR RENEWAL OF LICENCE TO KEEP OR MANAGE AN HOTEL I, ............................................................................................................................................................hereby apply for the renewal of the licence issued in respect of the undermentioned hotel. Name of hotel .................................................................................................................................................................... Address ............................................................................................................................................................................ Name of proprietor(s) ........................................................................................................................................................ Name of manager........... ........................................................................................................................... Name of manager........... I certify that the particulars of the hotel are the same as those submitted with the last application for a licence/renewal of a licence in respect of this hotel, with the exception of the changes and structural alterations set out in the attached statement. Date ............................. Signed .................................................................................................................................... .......... Signed .................................................................................................................................... The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia THE HOTELS ACT FORM 3 (Regulation 3 (4)) APPLICATION FOR HOTEL MANAGER'S LICENCE I, ..................................................................................................................................................................hereby apply for a Hotel Manager's Licence. Address ............................................................................................................................................................................ .......................................................................................................................................................................................... Qualifications and experience .......................................................................................................................................... .......................................................................................................................................................................................... ...................................................................................................................................................... .......................................................................................................................................................................................... Are you medically fit? ........................................................................................................................................................ .......................................................................................................................................................................................... I declare that I have furnished the above information truthfully and exactly and that I am not aware of any circumstances not disclosed above which, if known, might raise doubts as to my fitness for an Hotel Manager's Licence and if this declaration or any of the particulars furnished by me are subsequently found to be false to my knowledge, I may have my licence revoked. Date ............................. Signed .............................................................................................................................................. Signed .............................................................................................................................................. Witnessed by ................................................................................................................................ Date ............................. ................................................................................................................... Date ............................. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia THE HOTELS ACT FORM 4 (Regulation 3 (4)) HOTEL MANAGER'S LICENCE Name of holder .......................................................................................................................................................................... Residential address .................................................................................................................................................................... Postal address ............................................................................................................................................................................ This licence is issued in terms of the Hotels Act upon the conditions set forth overleaf. It shall expire on .......................................................................................................................................................................... ........................................................................................ Chairman, The Hotels Board .................................. ........................................................................................ Chairman, The Hotels Board The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia THE HOTELS ACT FORM 5 (Regulation 6) LICENCE TO KEEP OR MANAGE AN HOTEL Name of holder .......................................................................................................................................................................... Name of hotel .............................................................................................................................................................................. Address of hotel .......................................................................................................................................................................... This licence is issued in terms of the Hotels Act upon the conditions set forth overleaf and is valid until the ..........................................................................................day of .................................... , 19 ................... .................................................................. Chairman, The Hotels Board ............................... , 19 ................... .................................................................. Chairman, The Hotels Board The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia CONDITIONS THE HOTELS ACT FORM 6 (Regulation 10) NOTICE OF CLASSIFICATION To Hotel/Motel Manager, Your are hereby notified that the ................................................................................................................................................ Hotel has been classified by the Hotel Board as a .......................................................................................................... Hotel. .......................................................................................... Chairman, The Hotels Board Date .............................. Place ................................................................................................................................................ The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia THE HOTELS ACT FORM 7 (Regulation 11) REGISTER OF GUESTS This Form must be completed by Guests on Arrival ffairs, Government of the Republic of Zambia THE HOTELS ACT FORM 7 (Regulation 11) REGISTER OF GUESTS This Form must be completed by Guests on Arrival The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia HOTEL REGISTER ...................................................................... Account No. (if any) ............................................................................................ Car/Flight No .............................................. Room No .............................................................................................................. Name (in BLOCK LETTERS) ...................................................................................................................................................... (State Mr, Mrs, or Miss) Number of persons .................................................................................................................................................................... Permanent residential address .................................................................................................................................................. ess .................................................................................................................................................. .......................................................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... Nationality ................................................... Date of arrival at hotel .......................................................................................... Passport/Travel Document/NRC No .......................................................................................................................................... Date and place of issue .............................................................................................................................................................. ...................................................................................................................................................... Purpose of stay at hotel Holiday Business International Convention or Conference Visiting friends/relatives Employment Other (specify) ........................................................................................................................................................ ................................................................................................................................................................................ Proposed date of departure from hotel ...................................................................................................................................... If not resident in Zambia the following details must be completed. Date of arrival in Zambia ............................................................................................................................................................ Proposed date of departure from Zambia .................................................................................................................................. parture from Zambia .................................................................................................................................. Address to which proceeding ...................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... Identity checked by .................................................................................................................................................................... Signature of Guest .............................................................................................. .................................... Signature of Guest .............................................................................................. No innkeeper shall be liable to make good to any guest of such innkeeper any loss of or injury to goods or property brought to his inn, not being a horse or other live animal, or any gear appertaining thereto, or any carriage, to a greater amount than the sum of sixty kwacha, except in the following cases (that is to say): (1) Where such goods or property shall have been stolen, lost or injured through the wilful act, default, or neglect of such innkeeper or any servant in his employ; (2) Where such goods or property shall have been deposited expressly for safe custody with such innkeeper: Provided always, that in the case of such deposit, it shall be lawful for such innkeeper, if he thinks fit, to require, as a condition of his liability, that such goods or property shall be deposited in a box or other receptable, fastened and sealed by the person depositing the same. Money or valuables may be handed to the Manager for safe keeping. in a box or other receptable, fastened and sealed by the person depositing the same. Money or valuables may be handed to the Manager for safe keeping. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECTION 15-THE HOTELS (MINIMUM STANDARDS AND CLASSIFICATION) REGULATIONS Statutory Instrument 21 of 1983 Regulations by the Minister 1. These Regulations may be cited as the Hotels (Minimum Standards and Classification) Regulations. Title 2. In these Regulations, unless the context otherwise requires- Interpretation "approved" means approved by the Board; "graded" means, in relation to a hotel, a five-star, four-star, three-star, two-star or one-star hotel and "ungraded" shall be construed accordingly. 3. No licence may be issued in respect of any premises unless the premises to which an application relates meets, to an approved standard, the requirements set out in the First Schedule. Minimum requirements for hotels 4. Hotels shall be classified as follows: (a) five-star; (b) four-star; (c) three-star; (d) two-star; (e) one-star; (f) ungraded. Classes of hotels 5. 4. Hotels shall be classified as follows: (a) five-star; (b) four-star; (c) three-star; (d) two-star; (e) one-star; (f) ungraded. Classes of hotels 5. A hotel shall be graded if, in addition to the requirements prescribed under paragraph 3, it meets, to an approved standard, the requirements set out- (a) in the case of a five-star hotel, in Part I of the Second Schedule; (b) in the case of a four-star hotel, in Part II of the Second Schedule; (c) in the case of a three-star hotel, in Part III of the Second Schedule; (d) in the case of a two-star hotel, in Part IV of the Second Schedule; and (e) in the case of a one-star hotel, in Part V of the Second Schedule. Additional requirements for graded hotels The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 6. There shall be no additional requirements for a licence relating to an ungraded hotel. Ungraded hotels The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia FIRST SCHEDULE (Paragraph 3) MINIMUM REQUIREMENTS FOR ALL HOTELS s of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia FIRST SCHEDULE (Paragraph 3) MINIMUM REQUIREMENTS FOR ALL HOTELS The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Bedrooms 1. Through-ventilation shall be provided in all bedrooms. 2. For hotels constructed after the coming into force of these Regulations, the minimum sizes of bedrooms built-in cupboards and bathrooms shall not be deducted but the area occupied by balconies shall be deemed not to be part of the bedroom. 3. The window area shall be a minimum of 10 per cent of the floor area. An area equal to 50 per cent of the minimum window area must be capable of opening. 4. (a) There shall be provided in each bedroom electric lighting and an electricity outlet. (b) There shall be provided at or near a bed for adults electric lighting operated by a switch close to the bed; where a double bed is provided, a light for either side shall be supplied, each with its own switch. 5. Either- (a) measures, such as flyscreening or air conditioning, shall be taken against the entry of mosquitoes and similar creatures; or (b) mosquito-nets shall be provided for guests and this fact shall be brought to their notice. 6. st the entry of mosquitoes and similar creatures; or (b) mosquito-nets shall be provided for guests and this fact shall be brought to their notice. 6. For hotels constructed after the coming into force of these Regulations, a lighted wash-hand basin, with hot and cold water laid on and available at all times, shall be provided in each bedroom which does not have a private bathroom, and there should be an area not less than 600 mm in width and 450 mm in height immediately above the basin and which shall be protected with an impervious splash-back. 7. The following articles shall be provided at or near every wash-hand basin: (a) a towel rail; (b) a shelf; (c) a mirror; and (d) a drinking glass for each occupant. 8. All bedroom doors shall have locks maintained in safe working condition and keys shall be made available to guests occupying the rooms. 9. An adequately lit dressing table, together with at least one drawer, a mirror and a stool or a chair shall be provided in each bedroom. 10. A wardrobe or built-in cupboard shall be provided in each bedroom, together with- (a) coat hangers; and (b) two or more shelves or drawers. 11. A waste-paper basket shall be provided in each bedroom. 12. each bedroom, together with- (a) coat hangers; and (b) two or more shelves or drawers. 11. A waste-paper basket shall be provided in each bedroom. 12. There shall be- (a) wall-to-wall carpeting; or (b) one floor mat, not less than 90 cm by 120 cm, serving all beds; or (c) one bedside mat, not less than 60 cm by 100 cm, for each adult bed. 13. Beds, but not beds for children, shall be of a minimum width of 90 cm and shall be provided with inner-sprung or foam-rubber mattresses of a minimum thickness of 10 cm or a similar type, as may be approved, with all sagging eliminated. 14. A suitable chair shall be provided for each bedroom in addition to the stool or the chair for the dressing table. 15. A luggage rack shall be provided in each bedroom. 16. A bedside cabinet or table shall be accessible to all adult beds. 17. All rooms shall be numbered or named. Bathrooms 18. (a) There shall be at least one bathroom and one toilet for every eight beds which are not served by private bathrooms. (b) Separate bathrooms and toilets shall be provided for each sex on each floor on which there are bedrooms without private bathrooms. (c) All bathrooms and toilets shall show for which sex they are provided. 19. All bathrooms shall be served by an efficient hot-and-cold-water system maintained in good working order. 20. how for which sex they are provided. 19. All bathrooms shall be served by an efficient hot-and-cold-water system maintained in good working order. 20. All baths shall be built in with impervious material. 21. All walls of bathrooms shall be covered with impervious material up to a height of 180 cm. The wall above the tiling shall be of a satisfactory finish The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECOND SCHEDULE (Paragraph 5) ADDITIONAL REQUIREMENTS FOR GRADED HOTELS PART I FIVE-STAR HOTELS of Legal Affairs, Government of the Republic of Zambia SECOND SCHEDULE (Paragraph 5) ADDITIONAL REQUIREMENTS FOR GRADED HOTELS PART I FIVE-STAR HOTELS The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Bedrooms 1. The minimum number of bedrooms shall be 50. A maximum of 10 per cent of the bedrooms may be in the form of suites. 2. A mirror not less than 60 cm by 80 cm shall be provided. 3. There shall be effective sound-proofing. 4. There shall be piped music, a radio and, if the hotel is in a television reception area, a television set. 5. There shall be wall-to-wall carpeting or an approved alternative. 6. A telephone connected to an exchange which caters for both internal and external calls shall be provided. 7. There shall be air-conditioning and heating. 8. The treated water shall be chilled and be stored in a vacuum jug or vacuum flask. 9. All beds for adults shall be provided with head-boards. Bathrooms 10. There shall be private bathrooms which shall have a toilet, a bath, a wash-hand basin, a shower and a shaver point. Public Rooms 11. There shall be a cocktail bar in addition to another bar; there shall also be a lounge. 12. There shall be two rooms for the holding of functions; one shall have a minimum seating capacity of 250 and the other 75. 13. ll also be a lounge. 12. There shall be two rooms for the holding of functions; one shall have a minimum seating capacity of 250 and the other 75. 13. There shall be at least two restaurants. 14. There shall be separate doors (with touch-plates and kick-plates) for in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of guests in the restaurant. 15. Public rooms shall have air-conditioning and heating. Sundry 16. There shall be 24-hour room service. 17. A person shall be available 24 hours a day to receive guests and carry their baggage. 18. There shall be valet services from 0700 to 2000 hours and a one-day laundry service. 19. There shall be- (a) secretarial services; (b) shops or boutiques; (c) tourist information services; (d) car hire; (e) cinema shows; (f) concerts; (g) theatre shows; (h) baby-sitting facilities; (i) at least one hairdressing salon; and (j) 24-hour parking facilities. 20. The reception area shall have a porters' desk and a baggage room. 21. For hotels constructed after the coming into force of these Regulations, a lift shall be provided and, if there are three floors or more, at least two lifts shall be provided, one for service only. 22. There shall be at least two telephone booths. 23. There shall be a telex service. 24. at least two lifts shall be provided, one for service only. 22. There shall be at least two telephone booths. 23. There shall be a telex service. 24. There shall be a swimming pool with- (a) a lifeguard; (b) change rooms, at least one for each sex; and (c) toilets, at least one for each sex. 25. There shall be a guest register in which there shall be entered the full names of each adult guest, his permanent The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART II FOUR-STAR HOTELS each adult guest, his permanent The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART II FOUR-STAR HOTELS The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Bedrooms 1. The minimum number of bedrooms shall be 50. A maximum of 10 per cent of the bedrooms may be in the form of suites. 2. A mirror not less than 60 cm by 80 cm shall be provided. 3. There shall be effective sound-proofing. 4. Piped music, a radio and, if the hotel is in a television reception area, a television set shall be provided. 5. There shall be wall-to-wall carpeting or an approved alternative. 6. A telephone connected to an exchange which caters for both internal and external calls shall be provided. 7. Where it is climatically necessary, there shall be air-conditioning and heating. 8. The treated water shall be chilled and be in vacuum jugs or vacuum flasks. 9. All beds for adults shall be provided with head-boards. Bathrooms 10. There shall be private bathrooms which shall have a toilet, a bath, a wash-hand basin, a shower and a shaver point. Public Rooms 11. There shall be a cocktail bar in addition to another bar; there shall also be a lounge. 12. There shall be at least two rooms for the holding of functions. 13. There shall be at least two restaurants. 14. ar; there shall also be a lounge. 12. There shall be at least two rooms for the holding of functions. 13. There shall be at least two restaurants. 14. There shall be separate doors (with touch-plates and kick-plates) for in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of guests in the restaurants. 15. Public rooms shall have air-conditioning where it is climatically necessary. Sundry 16. There shall be room service from 0600 to 0200 hours. 17. A person shall be available 24 hours a day to receive guests and carry their baggage. 18. There shall be valet services from 0700 hours to 1900 hours and a one-day laundry service. 19. There shall be- (a) secretarial services; (b) shops or boutiques; (c) tourist information services; (d) car-hire; (e) cinema shows; (f) concerts; (g) theatre shows; (h) baby-sitting facilities; (i) at least one hairdressing salon; and (j) adequate parking facilities. 20. The reception area shall have a porters' desk and a baggage room. 21. For hotels constructed after the coming into force of these Regulations, a lift shall be provided and, if there are three floors or more, at least two lifts shall be provided, one for service only. 22. There shall be at least two telephone booths. 23. , if there are three floors or more, at least two lifts shall be provided, one for service only. 22. There shall be at least two telephone booths. 23. There shall be a swimming pool with- (a) a lifeguard; (b) change rooms, at least one for each sex; and (c) toilets, at least one for each sex. 24. There shall be a guest register in which there shall be entered the full names of each adult guest, his permanent address, his national registration card number or passport number, his citizenship and his next destination. names of each adult guest, his permanent address, his national registration card number or passport number, his citizenship and his next destination. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART III THREE-STAR HOTELS Bedrooms 1. The minimum number of bedrooms shall be 20. 2. A mirror not less than 60 cm by 80 cm shall be provided. 3. A telephone connected to an exchange which caters for both internal and external calls shall be provided. 4. Where it is climatically necessary, there shall be a heater and a fan. 5. The treated water shall be chilled and be in vacuum jugs or vacuum flasks. 6. All beds for adults shall be provided with head-boards. Bathrooms 7. There shall be private bathrooms in at least 75 per cent of the bedrooms. The private bathrooms shall have a toilet, a bath or shower (but not less than 50 per cent of the bedrooms shall have a bath) a wash-hand basin and a shaver point. Public Rooms 8. There shall be a cocktail bar in addition to another bar; there shall also be a lounge. 9. There shall be at least two restaurants. 10. There shall be separate doors (with touch-plates and kick-plates) for in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of guests in the restaurants. 11. k-plates) for in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of guests in the restaurants. 11. Public rooms shall have heating or fans where it is climatically necessary. Sundry 12. There shall be room service from 0600 to 2400 hours. 13. A person shall be available from 0600 to 2400 hours to receive guests and carry their baggage. At other hours a person shall be made available on request. 14. There shall be valet services from 0700 to 1600 hours and a laundry service. 15. There shall be- (a) a shop or boutique; (b) tourist information services; (c) car hire; (d) cinema shows; (e) concerts; (f) theatre shows; (g) baby-sitting facilities; and (h) parking. 16. The reception area shall have a porters desk and a baggage room. 17. At least one lift shall be provided if there are three floors or more. 18. A telephone shall be provided for the hotel. PART IV TWO-STAR HOTELS m. 17. At least one lift shall be provided if there are three floors or more. 18. A telephone shall be provided for the hotel. PART IV TWO-STAR HOTELS The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Bedrooms 1. The minimum number of bedrooms shall be 15. 2. There shall be a power point. Bathrooms 3. There shall be private bathrooms in at least 50 per cent of the bedrooms. The private bathrooms shall have a toilet, a bath or shower (but not less than 50 per cent of the bedrooms shall have a bath) and a wash-hand basin. Public Rooms 4. There shall be at least one restaurant. 5. There shall be separate doors (with touch-plates and kick-plates) for in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of the guests in the restaurant. 6. Public rooms shall have heating and fans where it is climatically necessary. Sundry 7. There shall be room service from 0600 to 2230 hours. 8. Heating or a fan shall be available on request. 9. A person shall be available from 0700 to 2030 hours to receive guests and carry their baggage. At other hours a person shall be made available on request. 10. There shall be valet services from 0700 to 1600 hours and a laundry service. 11. gage. At other hours a person shall be made available on request. 10. There shall be valet services from 0700 to 1600 hours and a laundry service. 11. There shall be- (a) a shop or boutique; (b) tourist information services; and (c) parking. 12. For the purposes of communication, there shall be at least electric bells. PART V ONE-STAR HOTELS ) tourist information services; and (c) parking. 12. For the purposes of communication, there shall be at least electric bells. PART V ONE-STAR HOTELS The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Bedrooms 1. The minimum number of bedrooms shall be 10. Bathrooms 2. There shall be private bathrooms in at least 20 per cent of the bedrooms. The private bathrooms shall have a toilet, a bath or shower, and a wash-hand basin. Public Rooms 3. There shall be at least one restaurant. Sundry 4. There shall be room service from 0600 to 2100 hours. 5. Heating and fans shall be made available on request. 6. A person shall be available from 0700 to 2030 hours to receive guests. At other hours a person shall be made available on request: Provided that porterage need only be available on request. 7. There shall be valet or laundry services. 8. There shall be- (a) a shop stocking toiletry; and (b) tourist information services. 9. For the purpose of communication, there shall be at least electric bells. SECTION 27-THE HOTELS (G UEST REGISTER) REGULATIONS Statutory Instrument 11 of 1996 Regulations by the Minister 1. These Regulations may be cited as the Hotels (Guest Register) Regulations. Title 2. ONS Statutory Instrument 11 of 1996 Regulations by the Minister 1. These Regulations may be cited as the Hotels (Guest Register) Regulations. Title 2. Guest registers printed or obtained from a source other than the Hotels Board, by hoteliers shall- (a) be accountable documents of the Hotels Board; and (b) be handed over to the Hotels Board by the hoteliers when completed. Guest Registers to be documents of Hotels Board SECTION 27-THE HOTELS (LICENCE F EES ) REGULATIONS Regulations by the Minister Statutory Instrument 132 of 1992 71 of 1994 117 of 1996 1. (1) These Regulations may be cited as the Hotels (Licence Fees) Regulations. Title 2. The fees to be paid for a licence issued by the Board under the Act shall be as set on in the schedule hereto. Licence fees The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SCHEDULE as set on in the schedule hereto. Licence fees The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SCHEDULE The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia TABLE 1-HOTEL LICENCE FEES Fee units 1. Five Star Hotel 4444 2. Four Star Hotel 3889 3. Three Star Hotel 3333 4. Two Star Hotel 2778 5. One Star Hotel 2222 6. Ungraded Hotel 1389 TABLE 2-LODGE AND CAMP LICENCE FEES Fee units 1. Grade A 2222 2. Grade B 1667 3. Grade C 1389 4. Grade D 1111 5. Grade E 833 TABLE 3-BOARDING AND GUEST HOUSE LICENCE FEES Fee units 1. Grade A 556 2. Grade B 389 TABLE 4-MANAGER'S LICENCE FEES Fee units 1. Five Star Hotel 389 2. Four Star Hotel 389 3. Three Star Hotel 389 4. Two Star Hotel 389 5. One Star Hotel 389 6. Ungraded Hotel 389 7. Grade A Lodge/Camp 333 8. Grade B Lodge/Camp 333 9. Grade C Lodge/Camp 333 10. Grade D Lodge/Camp 333 11. Grade E Lodge/Camp 333 12. Grade A Boarding House 165 13. Grade B Boarding House 167 (As amended by S.I. No. 117 of 1996) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Endnotes 1 (Popup - Delete as applicable) 2 (Popup - Delete as applicable) 3 (Popup - Delete as applicable) 4 (Popup - Delete as applicable) 5 (Popup - Delete as applicable) 6 (Popup - Delete as applicable)
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