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Liquor Licensing Law (2019 Revision) LIQUOR LICENSING LAW (2019 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Liquor Licensing Law (2019 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Law \u2014 \u201capplicant\u201d means a person or a business that makes an application for a licence under this Law; \u201capplication\u201d means an application under section 12 to obtain a new licence, to vary an existing licence or to renew an existing licence; \u201cbar\u201d means an area designated in a licence under section 7(4 ); \u201cBoard\u201d means a Liquor Licensing Board constituted under section 4 and references to the Board shall be interpreted as meaning the Board for the appropriate Licensing District; \u201cBoard member\u201d means a member of a Board nominated under section 4(3), (4) or (8); \u201cChairperson\u201d means the Chairperson of a Board appointed under section 4(3) or (4), and references to the Chairperson shall be interpreted as meaning the Chairperson of the Board for the appropriate Licensing District; \u201cCommissioner\u201d means the Commissioner of Police and every person acting under his authority; Liquor Licensing Law (2019 Revision) \u201cdispose\u201d includes sell, barter, exchange, give, supply, deliver or otherwise pass or allow to pass into the control of some other person for value; and any disposal of intoxicating liquor shall be presumed to be for value and in pursuance of a sale, unless the circumstances under which the disposal is made negative such presumption; \u201cForm\u201d means a form in the Schedule; \u201chotel\u201d means any building or series of buildings within the same curtilage containing not less than ten bedrooms for the accommodation for reward of guests, together with the curtilage thereof and all other buildings and structures within such curtilage, not being a strata lot or an apartment house; \u201cintoxicating liquor\u201d includes every description of potable spirits, wines, beer, ale, porter, stout, cider, perry and other malt liquor; \u201clicence\u201d has the meaning ascribed to it in section 7(1) and the seven categories of licences in section l0(1) shall have the meaning ascribed to them by sections 10(2) to (7) and 19; \u201clicensee\u201d has the meaning ascribed to it in section 7(2) and for the purpose of responsibility for compliance and liability for non-compliance with this Law includes every employee and person acting under the general control of such licensee on or about the relevant premises; \u201clicensed premises\u201d means a vehicle, vessel, movable structure or part of any premises or any other designated outdoor space covered by a licence issued under this Law; \u201clicensing session\u201d means a licensing session of the Board being either an annual session held under section 6(1) or a quarterly session held under section 14(1); \u201cmobile bar\u201d means \u2014 (a) a movable structure used by a licensee for the disposal of intoxicating liquors to the public; or (b) a structure located in premises where \u2014 (i) such structure or premises are not owned, operated or managed by a licensee; but (ii) the structure is used by that licensee for the disposal of intoxicating liquors to the public; \u201coccasional licence\u201d means an occasional licence under section 19(1) to sell intoxicating liquor on a special occasion; \u201cpermitted hours\u201d has the meaning ascribed to it in section 11(3) and includes the hours covered by an extension granted by the Chairperson under section 11(3) or permission granted by the Board under section 11(6); \u201cprohibited hours\u201d means hours other than permitted hours; Liquor Licensing Law (2019 Revision) \u201cproof\u201d means, in relation to distilled alcoholic liquor, a mixture of alcohol and water having a specific gravity of 0.91984 and containing 0.495 of its weight, or 0.5727 of its volume, of absolute alcohol; \u201cPort Authority\u201d means the body corporate established by section 3 of the Port Authority Law (1999 Revision); \u201crevenue officer\u201d means any person employed in the enforcement of the law relating to customs; \u201csea-going vessel\u201d means a vessel approved by the Port Authority as being a suitable vessel for the purposes of section 7(7); \u201cspecified hours\u201d has the meaning ascribed to it in section 11(2); \u201cspirits\u201d includes every description of brandy, vodka, gin, whisky, rum, liqueurs and cordials, whether or not mixed with other fluid, and includes bay rum, but does not include malt liquor, wine, methylated spirit, or any spirit which is perfumed or otherwise treated and is used and described for purposes of sale as a perfume, scent or flavouring essence; and \u201ctrade officer\u201d means a public officer in the Department of Commerce and Investment appointed as such.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"No intoxicating liquor to be sold without a licence except in certain cases 3. (1) The disposal, exposure for sale or offer for sale of any intoxicating liquor shall only be carried out \u2014 (a) by the holder of a licence under this Law; (b) by virtue of legal process or any law authorising or requiring the sale including bankruptcy, winding-up (including winding up of a deceased estate) and any sale under the Customs Law (2017 Revision); (c) where the intoxicating liquor is supplied for medicinal purposes on the prescription of a duly qualified medical practitioner; or (d) where the intoxicating liquor is sold or supplied to or in any lawfully constituted naval, military, air force, police force or volunteer force canteen or mess. (1A) Any person who disposes, exposes for sale or offers for sale any intoxicating liquor in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars. (1B) The premises from which the intoxicating liquor is sold shall be licensed in accordance with this Law. (2) A person who, being the owner, occupier or being concerned in the management of any premises not licensed under this Law, permits or suffers any intoxicating liquor to be sold or exposed for sale from those premises commits an offence. Liquor Licensing Law (2019 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Licensing Boards and Districts 4. (1) For the purposes of this Law the Islands are divided into two Licensing Districts \u2014 (a) Grand Cayman; and (b) Cayman Brac and Little Cayman. (2) For each Licensing District there is constituted a Liquor Licensing Board. (3) The Board for Grand Cayman shall be comprised of \u2014 (a) the following persons appointed from the private sector by the Cabinet \u2014 (i) a Chairperson; (ii) a Deputy Chairperson and (iii) five other members from the private sector; and (b) the following public officers who shall hold office by virtue of their public service appointment \u2014 (i) the Director of Commerce and Investment or designate; (ii) the Director of Planning or designate; and (iii) the Director of Environmental Health or designate. (4) The Board for Cayman Brac and Little Cayman shall be comprised of \u2014 (a) the following persons appointed from the private sector by the Cabinet \u2014 (i) a Chairperson; (ii) a Deputy Chairperson; and (iii) three other members from the private sector; and (b) the following public officers who shall hold office by virtue of their public service appointment \u2014 (i) the Director of Commerce and Investment or designate; (ii) the Director of Planning or designate; and (iii) the Director of Environmental Health or designate. (4A) The Chairperson, Deputy Chairperson and other Board members referred to in subsections (3) and (4) shall hold office at the Cabinet\u2019s pleasure for such period not exceeding four years as the Cabinet may determine and shall be eligible for re-appointment. (5) The quorum of a Board is three members, including the Chairperson or Deputy Chairperson who has an original vote but not a casting vote. Liquor Licensing Law (2019 Revision) (6) In the event of a quorum not being present at any meeting of a Board, such meeting stands adjourned until a date to be notified to the members by the Chairperson. (7) Members hold office until re-appointed or replaced on the next occasion when Board members are appointed under subsection (3) or (4). (8) The Cabinet may, from time to time, appoint a member temporarily to fill a casual vacancy arising from any cause including non-attendance by any member. (9) The Department of Commerce and Investment is designated as the Secretariat to the Board. (9A) The Secretariat shall be responsible for the day to day administration of the Board and, to the extent of the authority delegated to it by the Board, shall be responsible for the carrying out of the administrative duties of the Board, and shall provide the secretary who shall record and keep the minutes of all meetings, proceedings and decisions of the Board. (9B) Members of the Board may participate in a meeting of the Board by means of a conference telephone, computer or similar equipment providing real time communication and allowing the participants in the meeting to communicate with each other at the same time, and participation by such means shall constitute presence in person at the meeting of the Board. (9C) The Board may, subject to this Law, make such rules as it thinks fit to regulate its procedures, its own internal management and the procedures and management of any subcommittee of the Board and at its first meeting shall approve and adopt standing orders that will govern procedure in connection with its meetings. (10) All appointments to the Board shall be published by Government Notice. 4A. Policy directions 4A. The Cabinet may, after consultation with the Board, give such general directions as to the policy to be followed by the Board in the performance of its functions under this or any other Law as appear to Cabinet to be necessary in the public interest, and the Board shall give effect to any such directions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Functions and conduct of the Boards 5. (l) A Board shall hear and deal with all applications and matters relevant thereto and may grant, renew, vary or revoke any licences. (2) In hearing an application a Board shall \u2014 (a) sit in a place open to the public; (b) hear on oath every person who desires to be heard in any matter relevant to an application; and Liquor Licensing Law (2019 Revision) (c) record a summary of the evidence given before it. (3) A Board may, at its option, retire in order to discuss its decision in each case. (4) A Board may, at its discretion, adjourn any application for a licence or any matter relevant thereto to a later date, or, notwithstanding section 6 (4), to a later session. (5) A Board\u2019s decision is determined by vote. (6) A Board\u2019s decision shall be promulgated as soon as practicable after the conclusion of the relevant hearing. (7) A Board may grant licences to take effect at a future date subject to compliance by the applicant with conditions specified by the Board. (8) A Board shall cause its decisions to be published by Government Notice. (9) Where a Board grants a licence to an applicant such licence shall be issued by the Chairperson in Form 3 and subsequent variations and renewals may be endorsed thereon and the endorsement signed by the Chairperson. (10) Where a Board grants a provisional licence to an applicant such licence shall be issued by the Chairperson in Form 2. (11) Where an application is for the renewal of an existing licence only and is accompanied by the Treasury receipt required by section 10(9), the Board may, provided no objection to such renewal is received forty-eight hours or more prior to the time advertised for the relevant hearing, grant the application without hearing the applicant and, in such case, shall notify the applicant accordingly. (12) An application under subsection (11) need do no more than refer to the existing licence and any variation made thereto and request that it be renewed. (13) Where an application is made for the renewal of an hotel licence and such licence was held by the applicant on the 12th July, 1982, and has since been so held then, provided that the premises, the subject of the application, still contain not less than ten bedrooms, such premises shall be deemed to be an hotel for the purposes of such renewal. (14) For the purposes of this section, \u201cdecision\u201d includes any electronic record or transcript of votes or decisions made during a meeting that takes place by means of conference telephone, computer or similar equipment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Sessions of Boards 6. (1) An annual session for the hearing of applications shall be held in each Licensing District in the month of September in each year on days which shall be fixed by the Chairperson and published by Government Notice at least fourteen days before the commencement of such session. Liquor Licensing Law (2019 Revision) (2) Every such Government Notice shall have appended thereto particulars of every application. (3) A licence granted at an annual session shall take effect on the 1st October following such session and remain in force, unless revoked or varied in the meantime, until the end of the following 30th September. (4) A Board in annual session shall continue in such session on every working day until all applications timously made have been determined.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Nature of a licence 7. (1) A licence is a permit to a business, an individual person or to two individual persons jointly, who may or may not be the servants or representatives of another named person, in compliance with this Law, to dispose of \u2014 (a) such intoxicating liquors; (b) in such quantities; (c) to such persons; (d) at such times; (e) at such premises; and (f) subject to such general conditions, as may be specified therein, and shall be in Form 3. (2) Persons or businesses licensed under subsection (1) are licensees under this Law. (3) Repealed by section 6 of the Liquor Licensing (Amendment) Law, 2015 [Law 21 of 2015]. (4) A Board may, in granting or renewing a licence in respect of any premises, designate the whole or any part or parts of the licensed premises as a bar, but no area shall be or remain designated as a bar, unless it is capable of being locked off from the rest of the premises in such a way as to deny access thereto to persons other than the holder of the licence or the licence holder\u2019s employees. (5) A Board must be satisfied, before granting a new restaurant licence or retail licence, which relates to the same premises and in respect of which a licence has not previously been granted, that the bar and the restaurant on the premises are separated in such a manner that access to and egress from the restaurant and the toilets of the premises are not through the bar. (5A) A Board must be satisfied, before granting a new package licence or retail licence which relates to the same premises, that \u2014 (a) there is a clear demarcation between the areas used within the premises for the dispensing of intoxicating liquor under each licence; and Liquor Licensing Law (2019 Revision) (b) licensees are able to control each area. (6) A person who, not being a licensee or the employee of a licensee engaged in his duties as such, enters or remains in any bar during prohibited hours commits an offence and the licensee shall, unless he proves that the offence has been achieved by means of forcible entry by a person not being in his employment or control, be deemed to have aided and abetted such offence. (7) Sea-going vessels used for the entertainment of the public shall be deemed to be premises for the purposes of this section and the Board may grant a retail licence in respect thereof subject to such conditions as the Board may impose under paragraph (f) of subsection (1). (8) The bar of a sea-going vessel, in respect of which a licence has been issued under subsection (7), shall be locked off from the rest of the vessel and no intoxicating liquor may be disposed of, exposed for sale, offered for sale or consumed on such vessel while it is at or within half a mile of any land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Qualifications of a licensee 8. (1) A Board may not grant a licence to an applicant unless it is satisfied that the applicant has paid the fee prescribed for the grant of a licence under this Law and \u2014 (a) has a valid trade and business licence issued under the Trade and Business Licensing Law (2019 Revision); (b) subject to subsection (1A), is a company that is registered under section 80 of the Companies Law (2018 Revision) or is registered as a non-profit organisation under the Non-Profit Organisations Law, 2017 [Law 37 of 2017]; or (c) subject to subsection (1B), is an applicant for an occasional licence except where the applicant is a company or a non-profit organisation described under subsection (b). (1A) An applicant, including an applicant for an occasional licence, that is a company or a non-profit organisation described under subsection (1)(b) shall provide the following when applying for a licence under this Law \u2014 (a) evidence of registration under section 80 of the Companies Law (2018 Revision) or under the Non-Profit Organisations Law, 2017 [Law 37 of 2017]; (b) a bank reference for the applicant; (c) where the licensed premises is located in a public place, evidence of the approval of the relevant authority to dispose of intoxicating liquor in that place; and Liquor Licensing Law (2019 Revision) (d) where relevant, evidence of compliance with the laws relating to pensions, health insurance, labour relations, environmental health or fire safety. (1B) An applicant for an occasional licence shall provide the following when applying for a licence under this Law \u2014 (a) evidence of the status as a Caymanian, if any, of \u2014 (i) the applicant, where the applicant is an individual; (ii) any individual who has a legal or beneficial interest in the company, where the applicant is a company; or (iii) each partner who is a partner in the firm, where the applicant is a firm; (b) a police clearance certificate for \u2014 (i) the applicant, where the applicant is an individual; (ii) any individual who has a legal or beneficial interest in the company, where the applicant is a company; or (iii) each partner who is a partner in the firm, where the applicant is a firm; (c) a bank reference for the applicant; (d) where the licensed premises is located in a public place, evidence of the approval of the relevant authority to dispose of intoxicating liquor in that place; (e) where relevant, evidence of compliance with the laws relating to pensions, health insurance, labour relations, environmental health or fire safety; and (f) where the applicant is a company that is not Caymanian owned and controlled and not exempt from the Local Companies (Control) Law (2019 Revision), a licence under that Law. (1C) The Board may take steps to carry out due diligence procedures with regards to any director or any person who has a beneficial interest in a trade or business for which an application for the grant or renewal of a licence is made under this Law. (1D) The Board on receipt of a police clearance or on the carrying out of due diligence procedures may make such determinations regarding the grant or refusal of an application for a licence as it sees fit and shall provide reasons for its determinations. (2) Repealed by section 7 of Liquor Licensing (Amendment) Law, 2015 [Law 21 of 2015]. Liquor Licensing Law (2019 Revision) (3) A Board may not grant a licence under section 7(7) in respect of a vessel unless the Board is satisfied that the vessel is fit as to repairs, equipment (including fire-fighting, radio, life-saving and first-aid equipment) crew, fuel and in all other respects for all its voyages; and a Board may, at any time, suspend such a licence if it is satisfied that the relevant vessel no longer complies with this subsection.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Requirements for licensed premises 9. (1) A Board may not grant a licence unless satisfied that the premises in respect of which the application is made \u2014 (a) comply with the laws and regulations affecting building, town planning and public health; (b) are situated at a location where they will be of service to the public; and (c) will not cause inconvenience to the occupiers of neighbouring property. (2) A moratorium on the granting of any new licences in the Islands may be made by the Cabinet by Order published in the Gazette, such Order appointing the date of commencement and expiration of the moratorium and different dates may be appointed in relation to different categories of licences. (3) Subsection (2) does not apply to \u2014 (a) occasional licences; (b) renewal of a licence; or (c) hotel licences. (4) In considering the suitability of premises for service to the public, Boards shall have regard to any representations made by or on behalf of the Commissioner, the Chief Fire Officer and the Executive Secretary of the Central Planning Authority as well as members of the public who may be directly affected by the grant of a licence. (5) Subsections (1) and (2) do not apply to licences issued under section 7(7), but in granting licences under that subsection the Board shall consult and have regard to any advice tendered by the Commissioner, the Chief Medical Officer, the Chief Fire Officer and the Port Authority and no licence so granted shall, in any way, derogate from the control exercisable by the Port Authority over such vessel.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Categories of licenses 10. (1) There are seven categories of licences \u2014 (a) distributors; (b) package; (c) retail; Liquor Licensing Law (2019 Revision) (d) hotel; (e) temporary; (f) restaurant; and (g) occasional. (2) A distributor\u2019s licence permits the disposal of intoxicating liquor to \u2014 (a) other licensees; and (b) persons for export from the Islands, in sealed containers in quantities of not less than 27.3 litres in the case of beer or 9.1 litres in the case of other intoxicating liquor for consumption off the premises: Provided that in the case of disposal for export the distributor shall satisfy himself that the goods are exported by obtaining a copy of a certificate to this effect from the Collector of Customs issued in accordance with section 30(1) of the Customs Law (2017 Revision). (3) A package licence permits the disposal of intoxicating liquor in sealed containers by retail for consumption off the licensed premises, but does not permit disposal to another licensee for the purpose of disposal by him under the terms of his licence. (4) A retail licence \u2014 (a) permits the disposal of intoxicating liquor for consumption on the premises of \u2014 (i) a bar or mobile bar; (ii) a night club; (iii) a sea-going vessel; or (iv) a retail establishment at which tasting events of samples of intoxicating spirits are held; but (b) does not permit disposal to another licensee for the purpose of disposal by that licensee under the terms of his licence. (5) An hotel licence permits the disposal of intoxicating liquor in hotel premises for consumption on or, in sealed containers, containing beer, of not less than 6.82 litres or, containing any intoxicating liquor other than beer, of not less than .75 litres, off the premises but does not permit disposal to another licensee for the purpose of disposal by him under the terms of his licence. (6) A temporary licence permits the disposal of intoxicating liquor for a period not exceeding ninety days and in the manner therein mentioned. (7) A restaurant licence permits the disposal of intoxicating liquor to any person at a restaurant, or other premises affixed to the land, at which food is served for consumption on the premises. Liquor Licensing Law (2019 Revision) (8) The Cabinet may from time to time prescribe the fees for a licence, an extension granted by the Chairperson under section 11(3) or permission granted by the Board under section 11(6). (9) The prescribed licence fees shall, subject to subsection (9A), be paid into the Treasury and the receipt therefor produced to the Board at the time of application, and in the event of an application being rejected, the Treasury shall refund the fee to the applicant. (9A) A Board may waive, in whole or in part, the fee required to be paid for a temporary or occasional licence for the disposal of intoxicating liquor at an event that is part of a national festival of the Islands. (10) No person may import into the Islands intoxicating liquor in excess of one gallon unless he is the holder of a licence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Hours for sale of alcoholic liquor 11. (1) Save as otherwise specifically provided, no licensee other than a hotel or restaurant licensee shall dispose of intoxicating liquor on Sundays, Christmas Day or Good Friday. (2) Every licence shall state the times during which the licensed premises shall be and remain open to the public for the sale of intoxicating liquor, and such time shall be known with relation to such licence as specified hours. (3) A Board may, from time to time, by Notice published in the Gazette, specify such hours, with reference to each class of licence, when intoxicating liquor may not be sold and, subject to subsection (1), all other hours shall be known as permitted hours: Provided that, on the application of a licensee, the Chairperson of a Board may, subject to subsection (1), extend such hours in a particular case and the hours covered by any such extension shall, during the duration of such extension, be deemed to be permitted hours for the purposes of this Law. (4) Every licensee is permitted, save in exceptional and unforeseen circumstances, to open the licensed premises for the sale of intoxicating liquor to the public at any time during the specified hours and may, in addition, open the licensed premises at any time during the permitted hours. (5) A licensee who sells or disposes of intoxicating liquor other than during permitted hours commits an offence. (6) Notwithstanding subsection (1), where the Board is satisfied, having regard to the situation of and the construction and design of the premises that it is in the public interest so to do, the Board may permit licensed premises the subject of\u2019 a retail licence or a package licence or any part thereof as they may specify to be opened for the disposal of intoxicating liquor on Sundays during such hours as the Board may, in each particular case, determine. Liquor Licensing Law (2019 Revision) (6A) Hours covered by permission granted by the Board under subsection (6) shall be endorsed upon the licence and are deemed to be permitted hours for the purposes of this Law. (7) A Board may exempt, in whole or in part, from subsection (1) \u2014 (a) any bar serving an airport; and (b) any duty-free liquor shop located at an airport, in respect of sales to outgoing passengers only. (8) During the last ten minutes of each period of permitted hours no intoxicating liquor may be supplied to or received by any person in premises licensed under a retail licence, a hotel licence, a temporary licence, or a restaurant licence but persons already lawfully in possession of intoxicating liquor may consume it during that period; thereafter any intoxicating liquor in the actual or constructive possession of any person in such licensed premises other than the licensee shall be deemed to have been supplied and obtained there during prohibited hours and such person and the licensee shall have committed an offence, and such liquor lying in the licensed premises, other than in storage areas not accessible to the public in permitted hours, shall be disposed of as waste by the licensee who shall have committed an offence if he fails so to do: Provided that a bona fide guest, lawfully resident in the licensed premises, may, at any time, possess and consume intoxicating liquor in any part of the licensed premises reserved for the use of guests and not open to the general public.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Applications for licences 12. (1) Every person desiring to obtain a new licence, other than a temporary licence or to vary an existing licence, shall, at least twenty-one days before a licensing session is due to be held, make application in writing in Form 1 to the Chairperson of the appropriate Board specifying \u2014 (a) the category of licence desired; (b) full details of the premises in respect of which the application is made indicating a plan; (c) the name and age of the applicant; (d) the proposed specified hours; and (e) such other relevant information as the applicant desires to impart to the Board. (2) Applicants under subsection (1) shall attend before the Board at the time of the opening of the sessions and such other times as the Board may require and may, in addition, be represented by a person qualified to practise law in the Islands. Liquor Licensing Law (2019 Revision) (3) Every applicant shall, twenty-one days before making an application, affix a copy of the proposed application to some conspicuous place upon the premises named therein and send copies thereof to \u2014 (a) the Chief Medical Officer; (b) the Commissioner; (c) the Chief Fire Officer; and (d) the Executive Secretary of the Central Planing Authority, each of whom shall, within fourteen days of the receipt thereof, forward to the applicant a certificate in duplicate under his hand stating \u2014 (i) whether the premises appear to be suitable and unobjectionable for the purposes proposed; or (ii) what alterations, if any, to the premises would render such premises suitable, and what conditions, if any, attached to the licence, if granted, would render the grant of the proposed licence unobjectionable, and the applicant shall forward such certificates to the Chairperson together with the application. (4) An application for a licence may be made by way of such medium as may be provided by the Department of Commerce and Investment for the purpose of the electronic processing of applications under this Law. (5) The Cabinet may make regulations to provide for the electronic processing of applications by the Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Variation of licences 13. (1) Where, in any case, it is desired in respect of any licence to change \u2014 (a) the licensee; (b) the location of the licensed premises; (c) the licensed premises by making addition or alteration thereto; (d) the specified hours; (e) the category of licence; or (f) any condition imposed under section 7(1)(f), the licensee or prospective licensee may make application to the Chairperson of the relevant Board in that behalf and the Chairperson may grant such application subject to such conditions as he may decide to impose, and shall endorse the licence accordingly: Provided that, at least seven days before the grant of any application to change the location of the licensed premises under paragraph (b), notice of the application shall be made by publication in at least one newspaper circulating Liquor Licensing Law (2019 Revision) in the Islands, and the Commissioner, the Chief Fire Office, the Chief Medical Officer and any member of the public may object in writing to the application and the Chairperson shall, before granting such application, give due consideration to such objections. (2) Every grant of a variation made by a Chairperson under subsection (1) shall be reconsidered by the Board at its next meeting after the making of such grant and the decision of the Board and the date of such decision shall be endorsed on the relevant licence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Quarterly sessions of the Boards 14. (1) Where, twenty-one days prior to the first day of the months of March, June or December and subsequent to the last meeting of a Board \u2014 (a) any variation of a licence has been granted by the Chairperson under section 13(1); (b) any application for the grant of a licence has been made; (c) any written notice of objection to the continuance of an existing licence has been received under section 17(2); or (d) any recommendation with regard to an existing licence has been received from any court by virtue of section 16, a quarterly session of the Board shall be held in the month specified. (2) A quarterly session shall be held at a time and place to be appointed by the Chairperson, by Notice published in the Gazette or in at least one newspaper circulating in the Islands, at least twenty-one days before the first day of the quarterly session. (3) Any new licence granted at a quarterly session shall remain in force, unless revoked earlier by the Board, until the end of the thirtieth day of September next following. (4) A fee for a licence granted at a quarterly session shall be charged on a pro rata basis.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Temporary licences 15. (1) In addition to the other licensing sessions, a Board shall also meet at any time and place to be appointed by the Chairperson by Notice published in the Gazette or in a newspaper printed in the Islands, at least fourteen days before the meeting to hear any application on grounds of hardship or inconvenience for the grant of a temporary licence to permit the sale of intoxicating liquor on or off licensed premises in the manner therein mentioned. (2) The applicant shall attend before the Board at the meeting and may, in addition, be represented by a person qualified to practise law in the Islands. Liquor Licensing Law (2019 Revision) (3) Before granting a temporary licence under subsection (1), a Board may require such notice to be given, cause such enquiries to be made and require to be produced by any person such information or certificate, as it shall consider desirable. (4) A temporary licence granted under subsection (1) shall take effect immediately and shall remain in force, unless revoked or varied in the meantime, only until the next following licensing session and shall be subject to such terms and conditions as the Board shall impose. (5) No application shall be made more than once in every two years by the same applicant in respect of the same premises.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Court may make recommendations regarding licences 16. Where, in any matter coming before a court, the conduct of the licensee is such or the manner of user of licensed premises appears to a Judge or Magistrate to be unsatisfactory or prejudicial to the public interest, such Judge or Magistrate may make such recommendation to the Board as he considers proper and shall notify the licensee or his counsel accordingly and shall cause such recommendation to be communicated to the Chairperson of the relevant Board by the Clerk of the Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Objections by the public 17. (1) At any application for the grant of a licence, the Commissioner, the Chief Fire Officer, the Chief Medical Officer or any member of the public who has given at least seven days\u2019 notice of objection in writing to the Chairperson may appear and be heard in objection to the grant of such licence. (2) At any meeting of a Board, the Commissioner, the Chief Fire Officer, the Chief Medical Officer or any member of the public who has given to the Chairperson seven days notice of objection may appear and ask for the revocation or discontinuance of any existing licence: Provided that where, in the case of such objection by a member of the public, the Board is of the opinion that the objection is malicious, frivolous or vexatious, the Board may order the objector to pay the licensee any costs he has incurred thereby and to pay to the Board for the benefit of the revenue of the Islands a further sum at the rate of one hundred dollars for each hour or part of an hour of the Board\u2019s time taken up by hearing and investigating the objector\u2019s complaint.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Repealed 18. Repealed by section 11 of the Liquor Licensing (Amendment) Law, 2015 [Law 21 of 2015]. Liquor Licensing Law (2019 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Occasional licences 19. (1) Where it is desired to sell intoxicating liquor at a casual entertainment or festival held for a recognised public purpose, a Chairperson may, if satisfied that no profit accrues to the sponsors or organisers of such festival or entertainment, grant to one individual person over the age of twenty-one years or two such individual persons jointly, an occasional licence to sell intoxicating liquor for a period and at a place specified in such occasional licence. (2) An occasional licence shall be in Form 4. (3) An occasional licence may be for disposal to the public generally or to a particular section of the public.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Conditions of retail selling 20. (1) No licensee shall dispose of or have on the licensed premises any spirits (other than liqueurs) having a strength of less than seventy-five per cent of proof spirit, otherwise than in specifically marked containers showing the nature and specific gravity of the contents. (2) Spirits, unless sold in sealed containers, shall be sold by the English fluid ounce (being one twentieth of an imperial pint) and multiples thereof and no licensee shall have any spirit measure or measuring device of less than one fluid ounce in or about any licensed premises. (3) Beer, ale, porter, stout, cider, perry and other malt liquor, unless sold in sealed containers, shall be sold by the imperial half pints or multiples thereof and every drinking vessel for the supply of such liquor on draught shall have a capacity in excess of half an imperial pint or multiple thereof and shall be marked to show the half-pint or other capacity level. (4) Every sealed container for the supply of intoxicating liquor shall be marked to show the capacity of the contents either in imperial pints, litres or a unit of capacity lawfully in use in the country of origin or multiples or fractions thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Serving or delivering intoxicating liquor to or for consumption by persons under the age of eighteen 21. (1) A licensee shall not \u2014 (a) sell intoxicating liquor to a person under the age of eighteen; (b) knowingly allow a person under the age of eighteen to consume intoxicating liquor in licensed premises; or (c) knowingly allow any person in licensed premises to sell intoxicating liquor to a person under the age of eighteen. Liquor Licensing Law (2019 Revision) (2) A person under the age of eighteen shall not buy, attempt to buy or consume intoxicating liquor. (3) No person shall buy or attempt to buy intoxicating liquor for consumption by a person under the age of eighteen. (4) Where a person is charged with contravening subsection (1), and he is charged by reason of his own act, it shall be a defence to prove that he exercised all due diligence to avoid the commission of such an offence. (5) Where the person charged with contravening subsection (1) is a licensee and he is charged by reason of the act or default of some other person, it shall be a defence for him to prove that he exercised all due diligence to avoid the commission of an offence under that subsection. (6) A licensee shall not knowingly deliver or knowingly allow any person to deliver, to person under the age of eighteen, intoxicating liquor sold in licensed premises for consumption off the premises. (7) A person shall not knowingly send a person under the age of eighteen to obtain intoxicating liquor sold or to be sold in licensed premises for consumption off the premises, whether the liquor is to be obtained from the premises or other premises from which it is delivered in pursuance of the sale. (8) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of five thousand dollars; and the court may, if the offence was committed by the licensee, order that the licensee shall forfeit his licence and that no licence may be issued to that person for a period not exceeding ten years from the date of his conviction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Children prohibited from bars 22. (1) A licensee shall not allow a person under the age of eighteen to be in a bar of licensed premises. (2) No person shall knowingly cause, procure, or attempt to cause or procure any person under the age of eighteen to be in a bar of licensed premises. (3) Where it is shown that a person under the age of eighteen was in a bar of licensed premises during permitted hours, the licensee commits an offence under this section unless he proves that he exercised all due diligence to prevent the person under the age of eighteen from being permitted to enter the bar of the licensed premises. (4) No offence shall be committed under this section if the person under the age of eighteen is in a bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress. (5) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of five thousand dollars. Liquor Licensing Law (2019 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Employment of minors in licensed premises 23. (1) A licensee who employs a person under the age of eighteen in licensed premises shall not allow that person to prepare, serve, sell or otherwise deal with intoxicating liquor unless \u2014 (a) such liquor is unopened or contained in a sealed container; or (b) the person is employed in disposing of liquor which has been served on the premises and not consumed or only partially consumed. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Identification 24. (1) A licensee shall be considered to exercise all due diligence to prevent a contravention of this Law relating to a person\u2019s age if he requests, and is shown, an official document containing evidence of the person\u2019s age together with a photograph of that person. (2) In subsection (1) \u2014 \u201cofficial document\u201d means a passport or driving licence whether issued by the Government of the Islands or by or on behalf of the Government of any other country.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Disposal of intoxicating liquor to drunken or disorderly persons is forbidden 25. No person shall dispose of any intoxicating liquor to, or procure any intoxicating liquor for, any person who \u2014 (a) appears to be drunk; or (b) is violent, quarrelsome or disorderly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Control of drunken and disorderly persons 26. (1) If, in the opinion of a licensee, his servant or agent or any constable, any person being on licensed premises is drunk or disorderly or appears likely to create a breach of the peace, he shall notify the police and, without necessarily giving a reason, ask such person to leave the premises, and such person shall leave forthwith. (2) If any person, having been requested to leave licensed premises, in compliance with subsection (1), fails to do so, the licensee or any constable may, while avoiding the infliction of bodily harm, use such force as may be necessary to eject such person from the licensed premises. (3) No licensee shall permit drunkenness, gambling, disorderly or riotous behaviour or blasphemous or obscene language on the licensed premises. (4) A person who, when present on licensed premises \u2014 Liquor Licensing Law (2019 Revision) (a) is drunk; (b) behaves in a riotous or disorderly manner; (c) commits an offence against the Gambling Law (2016 Revision); (d) uses blasphemous, obscene or offensive language; (e) uses any word, gesture or action calculated to offend, embarrass or provoke any person; or (f) fails to leave the licensed premises when requested so to do by virtue of subsection (1), commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Rights of licensee 27. (1) For the avoidance of doubt, it is declared that, in addition to such other powers as he may have under this or any other law, a licensee has the right, and is deemed always to have had the right, at his absolute discretion and without giving any reasons therefor \u2014 (a) to request any person to leave licensed premises; (b) if it appears to the licensee that any person is drunk or disorderly or likely to cause a breach of the peace or to cause unjustified annoyance to patrons or other users of the premises, to forbid such person from entering such licensed premises. (2) The licensee, or any servant of his or a constable approved in writing by the Commissioner may use such force as may be necessary to eject from the licensed premises any persons who, under subsection (1) \u2014 (a) fails or refuses to leave the licensed premises after having been requested to do so; or (b) enters the licensed premises after having been forbidden to do so. (3) A person who, under subsection (1), having been requested to leave licensed premises fails or refuses to do so, or having been forbidden from entering thereon does so or attempts to do so, commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Vicarious responsibility of licensees 28. (1) It is the duty of every licensee to procure the compliance of his servants, agents and other persons under his control with this Law and where such person commits an offence against this Law the licensee shall be equally culpable with such person of such offence whether the licensee was or was not present at the time of the act or omission constituting such offence. (2) In subsection (1) \u2014 \u201cperson in his control\u201d, in relation to a licensee, is deemed to include \u2014 Liquor Licensing Law (2019 Revision) (a) any person to whom he has leased the licensed premises or delegated control thereof; and (b) any servant, agent or person under the control of a person mentioned in paragraph (a).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Repealed 29. Repealed by section 12 of the Liquor Licensing (Amendment) Law, 2015 [Law 21 of 2015].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Signboard 30. Every licensee shall affix a board, in some conspicuous place over the door or window of the licensed premises, whereon shall be printed, in legible characters, his name and underneath such name the words \u201cLicensed to sell intoxicating liquor\u201d with the number of the licence, the class of the licence and the specified hours during which he is required by his said licence to keep his premises open to the public.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Closure of licensed premises in times of riot or apprehended disturbance 31. If, in the opinion of the Commissioner, a state of riot exists or there is reasonable apprehension of an outbreak of public disorder, he may order any licensed premises to be and remain closed until further order and every licensee shall comply with such order of the Commissioner whether it be made personally or in writing.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Alterations to licensed premises 32. (1) No alteration other than redecoration and maintenance may be carried out in or to licensed premises until a variation order under section 13 has been granted in that behalf. (2) Where the grant of a variation order with respect to licensed premises has been made by the Chairperson and such variation is not confirmed by the Board at its next meeting, the Board shall specify a reasonable time within which the licensed premises shall be restored to their former condition and, if at the end of such time the premises have not been so restored, the licence shall be and remain in abeyance until such restoration is completed to the satisfaction of the Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Power to search premises 33. (1) The Commissioner, any Justice, trade officer or revenue officer may \u2014 (a) enter any licensed premises or any place within the curtilage thereof for the purpose of detecting or preventing any breach of this or any other law which it is his duty to enforce or of any licence; (b) having reasonable ground for suspecting that intoxicating liquor is being unlawfully disposed of stored, introduced or otherwise dealt with, enter Liquor Licensing Law (2019 Revision) and inspect any aircraft, hovercraft, ship, boat or conveyance, or any premises and examine any place therein and any receptacle, package or thing; and (c) seize and detain any intoxicating liquor which he has reason to believe has been distilled, manufactured, imported, introduced, disposed of or removed, or is possessed contrary to this or any other law, or is on unlicensed premises for disposal contrary to this Law, and any receptacle, package or thing containing the same and any aircraft, hovercraft, ship, boat, conveyance or animal used in transporting intoxicating liquor contrary to this or any other law. (1A) Notwithstanding the provisions in subsection (1), the Commissioner or a trade officer may, at the request of the Board, inspect any licensed premises and shall, upon carrying out that inspection, report in writing to the Board at the meeting following that inspection giving an opinion as to whether the licensed premises are being used or maintained in accordance with this Law. (1B) The Board shall be assisted by the Commissioner or the Commissioner\u2019s designate in the carrying out of duties under this section. (2) A person who by himself, or by any person in his employ or acting by his direction or with his consent, refuses or fails to admit any person specified under subsection (1) in the execution of his duty demanding to enter in pursuance of this section, or a person acting in the aid of any such specified person commits an offence. (3) A person who molests, hinders, opposes or obstructs any person specified under subsection (1), or anyone acting in aid of any such person in the execution of his duty in pursuance of this Law commits an offence. (4) The powers conferred by this section are in addition to and not in derogation of any other power conferred by any other law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Powers of trade officer 34. (1) The Board shall be assisted by such trade officers as are necessary for the purposes of this Law. (2) Subject to subsection (3), trade officers shall have all the rights, powers, privileges and immunities of a constable when discharging their duties under this Law. (3) A trade officer shall have the authority and power to carry out such instructions as may be given by the Board or the Department of Commerce and Investment in accordance with this Law and may exercise on behalf of the Board or the Department, any powers granted to the Board by this Law. Liquor Licensing Law (2019 Revision) (4) The Chief Officer of the ministry with the responsibility for commerce or the Chief Officer\u2019s designate shall assign such officers of the Department as is considered necessary, to perform the duties of trade officers under this Law. (5) Each officer assigned under this section shall be provided with an identification card prepared and signed by the Chief Officer or the Chief Officer\u2019s designate and the identification card shall contain the photograph of the respective officer. (6) The Director of the Department shall have the same rights, powers, privileges, and immunities conferred on a trade officer under subsection (2) when discharging duties under this Law. (7) The trade officer, on proof of identity, may enter on and inspect any licensed premises in the Islands or any place within the curtilage of such premises at any time when the business is open to the public for the sale of intoxicating liquor, for the purpose of detecting any breach of this Law or of any licence, and shall forthwith report any such breach to the Board. (8) A person who prevents the entry of, or obstructs a trade officer in the execution of any duty upon any licensed premises or any place within the curtilage thereof, commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Disposal of intoxicating liquor to hamper search 35. A person who removes, throws away or destroys, or causes to be removed, thrown away or destroyed, any intoxicating liquor, in order to impede any search for or seizure of the same under this Law commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Custody of things seized-sale of perishables, etc. 36. All ships, aircraft, hovercraft, goods and other things which may be seized under this Law shall be delivered into the custody of a revenue officer, or some other person specified by the Cabinet, who shall cause the same to be properly secured: Provided that if it appears to the Cabinet that anything seized is of a perishable nature, or is likely to deteriorate by being kept, it may order the sale of such thing pending its condemnation and shall retain the proceeds of such sale to abide the issue. Liquor Licensing Law (2019 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Release of seizure on giving of bond 37. (1) The Cabinet may, on application made to it in writing, order the delivery of every ship, boat, aircraft, hovercraft, goods or other thing seized, to the owner or his agent, on security given by bond, to the satisfaction of the Cabinet, double the value of the same in case of condemnation, such value to be determined by the Cabinet, and such bond shall be taken to the use of Her Majesty in the name of the Cabinet and shall be delivered and kept in the custody of the Cabinet, and if the ship, boat, aircraft, hovercraft, goods or other thing is condemned, the value shall be paid to the Cabinet, who shall thereupon cancel such bond. (2) A deposit of money in such sum as the Cabinet may consent to, being not less than the value determined by it, may in any such case, be made with the Cabinet in lieu of a bond.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Notice of claim to Cabinet - procedure 38. (1)  Any person claiming anything seized shall, by himself or his agent, give notice, in writing, to the Cabinet of such claim within ten days after the seizure, and such notice shall state that the person claiming is the owner or the agent of the owner, as the case may be, of the thing seized, and shall also state the residence and occupation of the claimant and the grounds for disputing the seizure. (2) All claims shall be based upon the notice to the Cabinet, and be filed by the claimant against the Cabinet before the Grand Court within fifteen days after the seizure. (3) Every such claim shall be supported by the oath of the claimant, or, if the claim is made through an agent, by that of his agent, swearing to the best of his knowledge and belief. (4) When any such claim is made through an agent, sufficient prima facie evidence of his authority to satisfy a Judge of the Grand Court shall be filed with the claim, but, if such authority is not admitted at the hearing, it must be proved. (5) No claim shall be received or heard by a Judge of the Grand Court unless, along with the same, the claimant deposits the sum of five hundred dollars by way of security for any costs which may be awarded against him. (6) At the hearing the Cabinet may appear by any person authorised by it in writing to that effect. (7) On the hearing, the claimant shall make proof of the ownership of the thing and its exemption from liability to seizure and, in default thereof the Judge of the Grand Court shall make an order confirming the seizure, with costs, whereupon the thing seized may be sold by the Cabinet. Liquor Licensing Law (2019 Revision) (8) If a Judge of the Grand Court is of the opinion that the claimant has established his case, he shall make an order annulling the seizure and if the thing seized is in the Cabinet\u2019s possession, a Judge of the Grand Court shall make an order for its restitution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Condemnation and forfeiture 39. In default of notice, or the filing of any claims within the respective times aforesaid, or if any claim, after having been filed, is discontinued, or judgment is given against the claimant therein, then and in every such case the thing seized shall he taken to be condemned and forfeited and shall be sold.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Mode of sale, etc., and application of proceeds 40. (1) Any thing seized and condemned, or not claimed within the time fixed by this Law, may be sold by auction by any person whether an auctioneer or not, under direction of the Cabinet, which shall previously notify such sale by Notice published in the Gazette. (2) The money arising from such sale, shall be applied in payment of \u2014 (a) all charges incidental to such sale, and for custody and carriage; (b) all charges incidental to the seizure if any, and the proceedings thereon, and the residue of such money, if any, shall be paid into the Treasury.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Prohibition of certain persons from consuming intoxicating liquor 41. (1) Where a person is convicted by any court of an offence involving drunkenness or to which, in the opinion of the court, the drunkenness of such person has been a contributory factor and such person has, within the previous three years been convicted of not less than two other such offences, the court may, in lieu of or in addition to any other punishment imposed, declare such person to be a prohibited person for the purpose of this Law and place such person under restriction for a period not exceeding one year. (2) A person who, while under restriction for the purpose of subsection (1) \u2014 (a) consumes; (b) obtains; (c) solicits any person to supply to him; or (d) has in his possession otherwise than in the normal course of his employment, any intoxicating liquor commits an offence and is liable on summary conviction to a fine of five hundred dollars and to imprisonment for three months. Liquor Licensing Law (2019 Revision) (3) A person who knowingly supplies intoxicating liquor to a person under restriction under subsection (1), commits an offence and, on summary conviction, is punishable under subsection (2). (4) A person who knowingly \u2014 (a) aids; (b) abets; or (c) procures, the commission of an offence under subsection (2) commits an offence and on summary conviction, is punishable under subsection (2). (5) Where a court declares any person to be a prohibited person by virtue of subsection (1), the Clerk of that Court shall report the fact to the Commissioner and the Commissioner may, by circular or other means, inform all licensees in the Islands of the name and other particulars of such person. (6) The court may, acting upon the written request of any person, declare such person to be a prohibited person, notwithstanding that such person has not committed any criminal offence, and the consequences of such a declaration shall be the same in all respects as if such person has been declared to be a prohibited person for the purposes of subsection (1). (7) Where a person is convicted by any court of any offence and within forty-eight hours of such conviction (excluding any non-working days) there is furnished to such court a written certificate of \u2014 (a) a government medical officer; or (b) a registered medical practitioner who has had under his care the convicted person or a member of such person\u2019s family with whom such person resides, that in the opinion of such practitioner it would be in the best interest of such person or such family member for the court so to do, such court may declare such person to be a prohibited person for the purposes of subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Offences by licensees 42. A person who, being a licensee, disposes of any intoxicating liquor, otherwise than in accordance with his licence, commits an offence. 42A. Offence by body corporate 42A. Where an offence under this Law is committed by a body corporate, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to have committed the offence unless the person proves \u2014 Liquor Licensing Law (2019 Revision) (a) that the offence was committed without the person\u2019s consent or connivance; and (b) that the person exercised all such reasonable diligence to prevent the commission of the offence as ought to have been exercised having regard to the nature of the person\u2019s function in that capacity and to all circumstances.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Liquor not to be consumed in vehicles in certain cases 43. A person who consumes any intoxicating liquor while in or on any kind of vehicular conveyance which is moving along or standing adjacent to any highway or its verges commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"General penalty 44. (1) A person who commits an offence under this Law is liable on summary conviction to a fine of one thousand dollars and to imprisonment for one year and, on a second or subsequent conviction, to a fine of two thousand dollars and imprisonment for two years. (2) Where a person convicted under subsection (1) is a licensee, the Clerk of the Court shall report such conviction to the Board and, if such licensee is convicted on more than one occasion, the Board may revoke or refuse to renew the licence of such licensee. (3) Where there has been more than one conviction under this Law in respect of offences having arisen or taken place in the same licensed premises, the Board may refuse to renew the licence in respect of such licensed premises, notwithstanding that the offences took place while the premises were in the hands of different licensees. (4) The Cabinet may, by regulations, provide for administrative fines in place of the penalties provided for offences under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Institution of proceedings 45. All proceedings against persons alleged to have offended against this Law shall be instituted under and in accordance with section 13 of the Criminal Procedure Code (2019 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Appropriation of property forfeited 46. The proceeds of the sale of any property forfeited under this Law shall be paid into the Treasury. Liquor Licensing Law (2019 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Precise description of intoxicating liquor not necessary in evidence 47. In any prosecution for any offence under this Law, with respect to intoxicating liquor, it is not necessary for any witness to depose directly to the precise description of the intoxicating liquor, with respect to which the offence has been committed, to the precise consideration therefor or to the fact that the offence was committed, to his own personal or certain knowledge but, so soon as it appears to the court that the circumstances in evidence sufficiently establish the offence complained of, the court shall put the defendant on his defence, and, in default of such evidence being rebutted, shall convict the defendant accordingly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Proof of knowledge not necessary 48. Subject to section 41, on the trial of any proceedings for an offence under this Law, it shall not be necessary for a conviction to prove guilty knowledge or that the act or omission charged was committed knowingly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Protection of officials 49. No action, suit or prosecution whatsoever shall be brought against any person, in respect of any detention or seizure made under this Law, where such person was acting, or believed himself to be acting, in the discharge of his official duties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Power to make regulations 50. (1) The Cabinet may make regulations for giving effect to the objects and purposes of this Law and providing for the responsible sale, distribution, service and consumption of liquor in the Islands. (2) Notwithstanding the generality of the provisions in subsection (1), the Cabinet may, by way of regulations provide for the training of licensees, servers and any person involved in the sale, distribution, service and consumption of liquor in the Islands. (3) The forms in the Schedule may be amended by way of regulations made pursuant to subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Spent 51. The transitional provision in the Liquior Licensing Law (2016 Revision) expired on 30th September, 2018, and is now spent.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Validation 52. (1) All acts carried out in good faith by the Board or by any person authorized by the Board in purported exercise of powers conferred under the former Law to grant retail category liquor licences for which the relevant licensed premises were movable structures are validated and all such licences granted in good faith under the former Law are validated and taken to have been lawfully granted. Liquor Licensing Law (2019 Revision) (2) In this section, \u201cformer law\u201d means the Law in force immediately before the coming into force of section 6 of the Liquor Licensing (Amendment) Law, 2015 [Law 21 of 2015]. Liquor Licensing Law (2019 Revision) SCHEDULE SCHEDULE Form 1 LIQUOR LICENSING LAW (2019 Revision) (section 12(1)) APPLICATION FOR A LIQUOR LICENCE I, ___________________________________________________________________ aged__________________________of________________________________________ _______________________________________and being \u2013 (a) the holder of business licence No._____________ under the Trade and Business Licensing Law, 2014; (b) exempted from holding a business licence by virtue of section 3 of the Trade and Business Licensing Law, 2014; (c) the applicant for an occasional licence, (Tick the applicable option) am applying to the Liquor Licensing Board for a ________________________________ licence for the period beginning on the___________day of______________, 20____, and ending on the thirtieth September following. I undertake to keep my premises open for service to the public during the following hours \u2013 Weekdays:____________________________________________________________ Sundays:______________________________________________________________ The address of the proposed licensed premises is________________________________ _____________________________________________________________________ Where the licensed premises is a sea-going vessel, the name\/registration of the sea-going vessel is ______________________________________________________________ _____________________________________________________________________ The name and address of the captain is_______________________________________ _____________________________________________________________________ Where different from the captain, the name and address of the owner is_______________ _____________________________________________________________________ (Fill in the applicable options) SCHEDULE Liquor Licensing Law (2019 Revision) I enclose certificates of the Commissioner of Police, the Chief Fire Officer, Chief Medical Officer and the Executive Secretary of the Central Planning Authority as to the suitability of the premises. A plan of the premises with bars, storage spaces, entrances and toilet facilities marked thereon is attached. A Treasury receipt for the prescribed fee is also enclosed. __________________________________. (Applicant\u2019s signature) Liquor Licensing Law (2019 Revision) SCHEDULE Form 2 LIQUOR LICENSING LAW (2019 Revision) (section 10 (6)) PROVISIONAL GRANT OF LICENCE This is to certify that____________________________________________________ of____________________________________________has been provisionally granted a__________________licence in respect of uncompleted premises at_______________ ____________________________________________________________________, the plans of which have been deposited with the Board, subject to the following conditions: 1. The licence may take effect on or after___________________________________. 2. The premises have been completed in accordance with the plans deposited. 3. ________________________________________________________________. 4. ________________________________________________________________. 5. ________________________________________________________________. 6. ________________________________________________________________. __________________________               _______________________________ Name of Chairperson of the Board Signature of Chairperson of the Board SCHEDULE Liquor Licensing Law (2019 Revision) Form 3 LIQUOR LICENSING LAW (2019 Revision) (section 7(1)) LIQUOR LICENCE This is to certify that_____________________________________________________ is the holder of________________________licence under the Liquor Licensing Law (2019 Revision) which licence expires on the 30th September, 20__. The licence applies to the licensed premises at____________________the sea-going vessel named\/registered__________________________. The said licensed premises may open to the public for the sale of____________________________during the following hours: _______________________and may open during other permitted hours under this Law. The following special conditions apply to this licence ___________________________ ____________________________________________________________________ ____________________________________________________________________. _____________________________                  __________________________________ Name of Chairperson of the Board Signature of Chairperson of the Board Liquor Licensing Law (2019 Revision) SCHEDULE Form 4 LIQUOR LICENSING LAW (2019 Revision) (section 19 (2)) OCCASIONAL LICENCE This is to certify that_____________________________________________________ of_______________________________________is licensed to sell intoxicating liquor to___________________________________at__________________________________ _____________________________________________________________________, on the occasion of_______________________________________________________ at the following times____________________________________________on the (date)__________________________________________________________________. _____________________________                  __________________________________ Name of Chairperson of the Board Signature of Chairperson of the Board Publication in consolidated and revised form authorised by the Cabinet this 12th day of February, 2019. Kim Bullings Clerk of Cabinet Liquor Licensing Law (2019 Revision) ENDNOTES Revised as at1st January, 2019 ENDNOTES Table of Legislation History: SL # Law # Legislation Commencement Gazette 8\/2018 Liquor Licensing (Amendment) Law, 2018 10-Sep-18 G17\/2018\/s7 35\/2018 Liquor Licensing (Amendment) Law, 2018 (Commencement) Order, 2018 7-Sep-18 GE-68\/2018\/s1 Liquor Licensing Law (2016 Revision) 2-Sep-16 GE69\/2016\/s14 55\/2015 Liquor Licensing (Amendment) Law, 2015 (Commencement) Order, 2015 18-Dec-15 GE99\/2015\/s7 21\/2015 Liquor Licensing (Amendment) Law, 2015 1-Jan-16 GE92\/2015\/s4 Liquor Licensing Law (2000 Revision) 27-Mar-00 G7\/2000\/ s7 16\/1999 Liquor Licensing (Amendment) (New Licences) Law, 1999 25-Oct-99 G22\/1999\/s2 7\/1999 Liquor Licensing (Amendment) (Protection of Minors) Law, 1999 6-Jul-99 G14\/1999\/s5 14\/1998 Liquor Licensing (Amendment) (Protection of Minors) Law, 1998 6-Jul-99 G14\/1999\/s4 Liquor Licensing Law (1996 Revision) 12-Nov-96 G23\/1996\/s1 12\/1989 Liquor Licensing (Amendment) Law, 1989 20-Nov-89 G24\/1989\/s6 8\/1985 Liquor Licensing Law, 1985 15-Apr-85 G8\/1985\/s8 ENDNOTES Liquor Licensing Law (2019 Revision) Liquor Licensing Law (2019 Revision) ENDNOTES Revised as at1st January, 2019 ENDNOTES Liquor Licensing Law (2019 Revision) (Price $8.80)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2019_02_19\", \"date\": \"2019-02-19\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2019_02_19\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2019_02_19\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/1985\/8\", \"FRBRdate\": [{\"date\": \"2019-02-19\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1985\/8\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1985-0008\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"8 of 1985\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1985\/8\/eng@2019-02-19\", \"FRBRdate\": [{\"date\": \"2019-02-19\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1985\/8\/eng@2019-02-19\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1985\/8\/eng@2019-02-19.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1985\/8\/eng@2019-02-19.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Liquor Licensing Act\", \"actNumber\": \"8 of 1985\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nLIQUOR LICENSING LAW\n (2019 Revision)\nSupplement No. 4 published with Legislation Gazette No. 2 of 19th February, 2019.\n\nPage 2\nRevised as at 1st January, 2019\nc\n\nPUBLISHING DETAILS\nLaw 8 of 1985 consolidated with Laws 12 of 1989, 14 of 1998, 7 of 1999, 16 of 1999, 21\nof 2015 and 8 of 2018.\n\nRevised under the authority of the Law Revision Law (1999 Revision).\n\nOriginally enacted-\nLaw 8 of 1985 - 25th March, 1985\nLaw 12 of 1989 - 5th September, 1989\nLaw 14 of 1998 - 9th October, 1998\nLaw 7 of 1999 - 23rd April, 1999\nLaw 16 of 1999 - 6th August, 1999\nLaw 21 of 2015 - 22nd October, 2015\nLaw 8 of 2018 \u2013 29th June, 2018.\n\nConsolidated and revised this 1st January, 2019.\n\nNote (not forming part of the Law): This revision replaces the 2016 Revision which\nshould now be discarded.\n\nLiquor Licensing Law (2019 Revision)\nArrangement of Sections\n\nc\nRevised as at 1st January, 2019\nPage 3\n\nCAYMAN ISLANDS\n\nLIQUOR LICENSING LAW\n(2019 Revision)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nNo intoxicating liquor to be sold without a licence except in certain cases ..................................7\n4.\nLicensing Boards and Districts ...................................................................................................8\n4A.\nPolicy directions .........................................................................................................................9\n5.\nFunctions and conduct of the Boards .........................................................................................9\n6.\nSessions of Boards .................................................................................................................. 10\n7.\nNature of a licence ................................................................................................................... 11\n8.\nQualifications of a licensee ...................................................................................................... 12\n9.\nRequirements for licensed premises ........................................................................................ 14\n10.\nCategories of licenses ............................................................................................................. 14\n11.\nHours for sale of alcoholic liquor .............................................................................................. 16\n12.\nApplications for licences .......................................................................................................... 17\n13.\nVariation of licences ................................................................................................................. 18\n14.\nQuarterly sessions of the Boards ............................................................................................. 19\n15.\nTemporary licences ................................................................................................................. 19\n16.\nCourt may make recommendations regarding licences ............................................................ 20\n17.\nObjections by the public ........................................................................................................... 20\n18.\n Repealed ................................................................................................................................ 20\n19.\nOccasional licences ................................................................................................................. 21\n20.\nConditions of retail selling ........................................................................................................ 21\n21.\nServing or delivering intoxicating liquor to or for consumption by persons under the age of\neighteen................................................................................................................................... 21\n22.\nChildren prohibited from bars ................................................................................................... 22\n23.\nEmployment of minors in licensed premises ............................................................................ 23\n\nArrangement of Sections\nLiquor Licensing Law (2019 Revision)\n\nPage 4\nRevised as at 1st January, 2019\nc\n\n24.\nIdentification ............................................................................................................................ 23\n25.\nDisposal of intoxicating liquor to drunken or disorderly persons is forbidden ............................ 23\n26.\nControl of drunken and disorderly persons ............................................................................... 23\n27.\nRights of licensee .................................................................................................................... 24\n28.\nVicarious responsibility of licensees ......................................................................................... 24\n29.\n Repealed ................................................................................................................................ 25\n30.\nSignboard ................................................................................................................................ 25\n31.\nClosure of licensed premises in times of riot or apprehended disturbance ............................... 25\n32.\nAlterations to licensed premises .............................................................................................. 25\n33.\nPower to search premises ....................................................................................................... 25\n34.\nPowers of trade officer ............................................................................................................. 26\n35.\nDisposal of intoxicating liquor to hamper search ...................................................................... 27\n36.\nCustody of things seized-sale of perishables, etc. .................................................................... 27\n37.\nRelease of seizure on giving of bond ....................................................................................... 28\n38.\nNotice of claim to Cabinet - procedure ..................................................................................... 28\n39.\nCondemnation and forfeiture ................................................................................................... 29\n40.\nMode of sale, etc., and application of proceeds ....................................................................... 29\n41.\nProhibition of certain persons from consuming intoxicating liquor ............................................ 29\n42.\nOffences by licensees .............................................................................................................. 30\n42A. Offence by body corporate ....................................................................................................... 30\n43.\nLiquor not to be consumed in vehicles in certain cases ............................................................ 31\n44.\nGeneral penalty ....................................................................................................................... 31\n45.\nInstitution of proceedings ......................................................................................................... 31\n46.\nAppropriation of property forfeited ............................................................................................ 31\n47.\nPrecise description of intoxicating liquor not necessary in evidence ......................................... 32\n48.\nProof of knowledge not necessary ........................................................................................... 32\n49.\nProtection of officials ................................................................................................................ 32\n50.\nPower to make regulations ...................................................................................................... 32\n51.\nSpent ....................................................................................................................................... 32\n52.\nValidation................................................................................................................................. 32\n\nSCHEDULE ...................................................................................................................... 35\n\nENDNOTES ...................................................................................................................... 41\nTable of Legislation History: .............................................................................................................. 41\n\nLiquor Licensing Law (2019 Revision)\nSection 1\n\nc\nRevised as at 1st January, 2019\nPage 5\n\nCAYMAN ISLANDS\n\nLIQUOR LICENSING LAW\n(2019 Revision)\n\n1.\nShort title\n1.\nThis Law may be cited as the Liquor Licensing Law (2019 Revision).\n2.\nDefinitions\n2.\nIn this Law \u2014\n\u201capplicant\u201d means a person or a business that makes an application for a\nlicence under this Law;\n\u201capplication\u201d means an application under section 12 to obtain a new licence,\nto vary an existing licence or to renew an existing licence;\n\u201cbar\u201d means an area designated in a licence under section 7(4 );\n\u201cBoard\u201d means a Liquor Licensing Board constituted under section 4 and\nreferences to the Board shall be interpreted as meaning the Board for the\nappropriate Licensing District;\n\u201cBoard member\u201d means a member of a Board nominated under section 4(3),\n(4) or (8);\n\u201cChairperson\u201d means the Chairperson of a Board appointed under\nsection 4(3) or (4), and references to the Chairperson shall be interpreted as\nmeaning the Chairperson of the Board for the appropriate Licensing District;\n\u201cCommissioner\u201d means the Commissioner of Police and every person acting\nunder his authority;\n\nSection 2\nLiquor Licensing Law (2019 Revision)\n\nPage 6\nRevised as at 1st January, 2019\nc\n\n\u201cdispose\u201d includes sell, barter, exchange, give, supply, deliver or otherwise\npass or allow to pass into the control of some other person for value; and any\ndisposal of intoxicating liquor shall be presumed to be for value and in\npursuance of a sale, unless the circumstances under which the disposal is made\nnegative such presumption;\n\u201cForm\u201d means a form in the Schedule;\n\u201chotel\u201d means any building or series of buildings within the same curtilage\ncontaining not less than ten bedrooms for the accommodation for reward of\nguests, together with the curtilage thereof and all other buildings and structures\nwithin such curtilage, not being a strata lot or an apartment house;\n\u201cintoxicating liquor\u201d includes every description of potable spirits, wines,\nbeer, ale, porter, stout, cider, perry and other malt liquor;\n\u201clicence\u201d has the meaning ascribed to it in section 7(1) and the seven\ncategories of licences in section l0(1) shall have the meaning ascribed to them\nby sections 10(2) to (7) and 19;\n\u201clicensee\u201d has the meaning ascribed to it in section 7(2) and for the purpose of\nresponsibility for compliance and liability for non-compliance with this Law\nincludes every employee and person acting under the general control of such\nlicensee on or about the relevant premises;\n\u201clicensed premises\u201d means a vehicle, vessel, movable structure or part of any\npremises or any other designated outdoor space covered by a licence issued\nunder this Law;\n\u201clicensing session\u201d means a licensing session of the Board being either an\nannual session held under section 6(1) or a quarterly session held under\nsection 14(1);\n\u201cmobile bar\u201d means \u2014\n(a) a movable structure used by a licensee for the disposal of intoxicating\nliquors to the public; or\n(b) a structure located in premises where \u2014\n(i)\nsuch structure or premises are not owned, operated or managed\nby a licensee; but\n(ii) the structure is used by that licensee for the disposal of\nintoxicating liquors to the public;\n\u201coccasional licence\u201d means an occasional licence under section 19(1) to sell\nintoxicating liquor on a special occasion;\n\u201cpermitted hours\u201d has the meaning ascribed to it in section 11(3) and\nincludes the hours covered by an extension granted by the Chairperson under\nsection 11(3) or permission granted by the Board under section 11(6);\n\u201cprohibited hours\u201d means hours other than permitted hours;\n\nLiquor Licensing Law (2019 Revision)\nSection 3\n\nc\nRevised as at 1st January, 2019\nPage 7\n\n\u201cproof\u201d means, in relation to distilled alcoholic liquor, a mixture of alcohol\nand water having a specific gravity of 0.91984 and containing 0.495 of its\nweight, or 0.5727 of its volume, of absolute alcohol;\n\u201cPort Authority\u201d means the body corporate established by section 3 of the\nPort Authority Law (1999 Revision);\n\u201crevenue officer\u201d means any person employed in the enforcement of the law\nrelating to customs;\n\u201csea-going vessel\u201d means a vessel approved by the Port Authority as being a\nsuitable vessel for the purposes of section 7(7);\n\u201cspecified hours\u201d has the meaning ascribed to it in section 11(2);\n\u201cspirits\u201d includes every description of brandy, vodka, gin, whisky, rum,\nliqueurs and cordials, whether or not mixed with other fluid, and includes bay\nrum, but does not include malt liquor, wine, methylated spirit, or any spirit\nwhich is perfumed or otherwise treated and is used and described for purposes\nof sale as a perfume, scent or flavouring essence; and\n\u201ctrade officer\u201d means a public officer in the Department of Commerce and\nInvestment appointed as such.\n3.\nNo intoxicating liquor to be sold without a licence except in certain cases\n3.\n(1) The disposal, exposure for sale or offer for sale of any intoxicating liquor shall\nonly be carried out \u2014\n(a)\nby the holder of a licence under this Law;\n(b) by virtue of legal process or any law authorising or requiring the sale\nincluding bankruptcy, winding-up (including winding up of a deceased\nestate) and any sale under the Customs Law (2017 Revision);\n(c)\nwhere the intoxicating liquor is supplied for medicinal purposes on the\nprescription of a duly qualified medical practitioner; or\n(d) where the intoxicating liquor is sold or supplied to or in any lawfully\nconstituted naval, military, air force, police force or volunteer force\ncanteen or mess.\n(1A) Any person who disposes, exposes for sale or offers for sale any intoxicating\nliquor in contravention of subsection (1) commits an offence and is liable on\nsummary conviction to a fine of ten thousand dollars.\n(1B) The premises from which the intoxicating liquor is sold shall be licensed in\naccordance with this Law.\n(2) A person who, being the owner, occupier or being concerned in the\nmanagement of any premises not licensed under this Law, permits or suffers\nany intoxicating liquor to be sold or exposed for sale from those premises\ncommits an offence.\n\nSection 4\nLiquor Licensing Law (2019 Revision)\n\nPage 8\nRevised as at 1st January, 2019\nc\n\n4.\nLicensing Boards and Districts\n4.\n(1) For the purposes of this Law the Islands are divided into two Licensing\nDistricts \u2014\n(a)\nGrand Cayman; and\n(b) Cayman Brac and Little Cayman.\n(2) For each Licensing District there is constituted a Liquor Licensing Board.\n(3) The Board for Grand Cayman shall be comprised of \u2014\n(a)\nthe following persons appointed from the private sector by the\nCabinet \u2014\n(i)\na Chairperson;\n(ii) a Deputy Chairperson and\n(iii) five other members from the private sector; and\n(b) the following public officers who shall hold office by virtue of their\npublic service appointment \u2014\n(i)\nthe Director of Commerce and Investment or designate;\n(ii) the Director of Planning or designate; and\n(iii) the Director of Environmental Health or designate.\n(4) The Board for Cayman Brac and Little Cayman shall be comprised of \u2014\n(a)\nthe following persons appointed from the private sector by the\nCabinet \u2014\n(i)\na Chairperson;\n(ii) a Deputy Chairperson; and\n(iii) three other members from the private sector; and\n(b) the following public officers who shall hold office by virtue of their\npublic service appointment \u2014\n(i)\nthe Director of Commerce and Investment or designate;\n(ii) the Director of Planning or designate; and\n(iii) the Director of Environmental Health or designate.\n(4A) The Chairperson, Deputy Chairperson and other Board members referred to in\nsubsections (3) and (4) shall hold office at the Cabinet\u2019s pleasure for such\nperiod not exceeding four years as the Cabinet may determine and shall be\neligible for re-appointment.\n(5) The quorum of a Board is three members, including the Chairperson or Deputy\nChairperson who has an original vote but not a casting vote.\n\nLiquor Licensing Law (2019 Revision)\nSection 4A\n\nc\nRevised as at 1st January, 2019\nPage 9\n\n(6) In the event of a quorum not being present at any meeting of a Board, such\nmeeting stands adjourned until a date to be notified to the members by the\nChairperson.\n(7) Members hold office until re-appointed or replaced on the next occasion when\nBoard members are appointed under subsection (3) or (4).\n(8) The Cabinet may, from time to time, appoint a member temporarily to fill a\ncasual vacancy arising from any cause including non-attendance by any\nmember.\n(9) The Department of Commerce and Investment is designated as the Secretariat\nto the Board.\n(9A) The Secretariat shall be responsible for the day to day administration of the\nBoard and, to the extent of the authority delegated to it by the Board, shall be\nresponsible for the carrying out of the administrative duties of the Board, and\nshall provide the secretary who shall record and keep the minutes of all\nmeetings, proceedings and decisions of the Board.\n(9B) Members of the Board may participate in a meeting of the Board by means of\na conference telephone, computer or similar equipment providing real time\ncommunication and allowing the participants in the meeting to communicate\nwith each other at the same time, and participation by such means shall\nconstitute presence in person at the meeting of the Board.\n(9C) The Board may, subject to this Law, make such rules as it thinks fit to regulate\nits procedures, its own internal management and the procedures and\nmanagement of any subcommittee of the Board and at its first meeting shall\napprove and adopt standing orders that will govern procedure in connection\nwith its meetings.\n(10) All appointments to the Board shall be published by Government Notice.\n4A.\nPolicy directions\n4A. The Cabinet may, after consultation with the Board, give such general directions as\nto the policy to be followed by the Board in the performance of its functions under\nthis or any other Law as appear to Cabinet to be necessary in the public interest, and\nthe Board shall give effect to any such directions.\n5.\nFunctions and conduct of the Boards\n5.\n(l)\nA Board shall hear and deal with all applications and matters relevant thereto\nand may grant, renew, vary or revoke any licences.\n(2) In hearing an application a Board shall \u2014\n(a)\nsit in a place open to the public;\n(b) hear on oath every person who desires to be heard in any matter relevant\nto an application; and\n\nSection 6\nLiquor Licensing Law (2019 Revision)\n\nPage 10\nRevised as at 1st January, 2019\nc\n\n(c)\nrecord a summary of the evidence given before it.\n(3) A Board may, at its option, retire in order to discuss its decision in each case.\n(4) A Board may, at its discretion, adjourn any application for a licence or any\nmatter relevant thereto to a later date, or, notwithstanding section 6 (4), to a\nlater session.\n(5) A Board\u2019s decision is determined by vote.\n(6) A Board\u2019s decision shall be promulgated as soon as practicable after the\nconclusion of the relevant hearing.\n(7) A Board may grant licences to take effect at a future date subject to\ncompliance by the applicant with conditions specified by the Board.\n(8) A Board shall cause its decisions to be published by Government Notice.\n(9) Where a Board grants a licence to an applicant such licence shall be issued by\nthe Chairperson in Form 3 and subsequent variations and renewals may be\nendorsed thereon and the endorsement signed by the Chairperson.\n(10) Where a Board grants a provisional licence to an applicant such licence shall\nbe issued by the Chairperson in Form 2.\n(11) Where an application is for the renewal of an existing licence only and is\naccompanied by the Treasury receipt required by section 10(9), the Board\nmay, provided no objection to such renewal is received forty-eight hours or\nmore prior to the time advertised for the relevant hearing, grant the application\nwithout hearing the applicant and, in such case, shall notify the applicant\naccordingly.\n(12) An application under subsection (11) need do no more than refer to the\nexisting licence and any variation made thereto and request that it be renewed.\n(13) Where an application is made for the renewal of an hotel licence and such\nlicence was held by the applicant on the 12th July, 1982, and has since been so\nheld then, provided that the premises, the subject of the application, still\ncontain not less than ten bedrooms, such premises shall be deemed to be an\nhotel for the purposes of such renewal.\n(14) For the purposes of this section, \u201cdecision\u201d includes any electronic record or\ntranscript of votes or decisions made during a meeting that takes place by\nmeans of conference telephone, computer or similar equipment.\n6.\nSessions of Boards\n6.\n(1) An annual session for the hearing of applications shall be held in each\nLicensing District in the month of September in each year on days which shall\nbe fixed by the Chairperson and published by Government Notice at least\nfourteen days before the commencement of such session.\n\nLiquor Licensing Law (2019 Revision)\nSection 7\n\nc\nRevised as at 1st January, 2019\nPage 11\n\n(2) Every such Government Notice shall have appended thereto particulars of\nevery application.\n(3) A licence granted at an annual session shall take effect on the 1st October\nfollowing such session and remain in force, unless revoked or varied in the\nmeantime, until the end of the following 30th September.\n(4) A Board in annual session shall continue in such session on every working day\nuntil all applications timously made have been determined.\n7.\nNature of a licence\n7.\n(1) A licence is a permit to a business, an individual person or to two individual\npersons jointly, who may or may not be the servants or representatives of\nanother named person, in compliance with this Law, to dispose of \u2014\n(a)\nsuch intoxicating liquors;\n(b) in such quantities;\n(c)\nto such persons;\n(d) at such times;\n(e)\nat such premises; and\n(f)\nsubject to such general conditions,\nas may be specified therein, and shall be in Form 3.\n(2) Persons or businesses licensed under subsection (1) are licensees under\nthis Law.\n(3) Repealed by section 6 of the Liquor Licensing (Amendment) Law, 2015\n\n [Law 21 of 2015].\n(4) A Board may, in granting or renewing a licence in respect of any premises,\ndesignate the whole or any part or parts of the licensed premises as a bar, but\nno area shall be or remain designated as a bar, unless it is capable of being\nlocked off from the rest of the premises in such a way as to deny access thereto\nto persons other than the holder of the licence or the licence holder\u2019s\nemployees.\n(5) A Board must be satisfied, before granting a new restaurant licence or retail\nlicence, which relates to the same premises and in respect of which a licence\nhas not previously been granted, that the bar and the restaurant on the premises\nare separated in such a manner that access to and egress from the restaurant\nand the toilets of the premises are not through the bar.\n(5A) A Board must be satisfied, before granting a new package licence or retail\nlicence which relates to the same premises, that \u2014\n(a)\nthere is a clear demarcation between the areas used within the premises\nfor the dispensing of intoxicating liquor under each licence; and\n\nSection 8\nLiquor Licensing Law (2019 Revision)\n\nPage 12\nRevised as at 1st January, 2019\nc\n\n(b) licensees are able to control each area.\n(6) A person who, not being a licensee or the employee of a licensee engaged in\nhis duties as such, enters or remains in any bar during prohibited hours\ncommits an offence and the licensee shall, unless he proves that the offence\nhas been achieved by means of forcible entry by a person not being in his\nemployment or control, be deemed to have aided and abetted such offence.\n(7) Sea-going vessels used for the entertainment of the public shall be deemed to\nbe premises for the purposes of this section and the Board may grant a retail\nlicence in respect thereof subject to such conditions as the Board may impose\nunder paragraph (f) of subsection (1).\n(8) The bar of a sea-going vessel, in respect of which a licence has been issued\nunder subsection (7), shall be locked off from the rest of the vessel and no\nintoxicating liquor may be disposed of, exposed for sale, offered for sale or\nconsumed on such vessel while it is at or within half a mile of any land.\n8.\nQualifications of a licensee\n8.\n(1) A Board may not grant a licence to an applicant unless it is satisfied that the\napplicant has paid the fee prescribed for the grant of a licence under this\nLaw and \u2014\n(a)\nhas a valid trade and business licence issued under the Trade and\nBusiness Licensing Law (2019 Revision);\n(b) subject to subsection (1A), is a company that is registered under\nsection 80 of the Companies Law (2018 Revision) or is registered as a\nnon-profit organisation under the Non-Profit Organisations Law, 2017\n[Law 37 of 2017]; or\n(c)\nsubject to subsection (1B), is an applicant for an occasional licence\nexcept where the applicant is a company or a non-profit organisation\ndescribed under subsection (b).\n(1A) An applicant, including an applicant for an occasional licence, that is a\ncompany or a non-profit organisation described under subsection (1)(b) shall\nprovide the following when applying for a licence under this Law \u2014\n(a)\nevidence of registration under section 80 of the Companies Law (2018\nRevision) or under the Non-Profit Organisations Law, 2017 [Law 37 of\n2017];\n(b) a bank reference for the applicant;\n(c)\nwhere the licensed premises is located in a public place, evidence of the\napproval of the relevant authority to dispose of intoxicating liquor in that\nplace; and\n\nLiquor Licensing Law (2019 Revision)\nSection 8\n\nc\nRevised as at 1st January, 2019\nPage 13\n\n(d) where relevant, evidence of compliance with the laws relating to\npensions, health insurance, labour relations, environmental health or fire\nsafety.\n(1B) An applicant for an occasional licence shall provide the following when\napplying for a licence under this Law \u2014\n(a)\nevidence of the status as a Caymanian, if any, of \u2014\n(i)\nthe applicant, where the applicant is an individual;\n(ii) any individual who has a legal or beneficial interest in the company,\nwhere the applicant is a company; or\n(iii) each partner who is a partner in the firm, where the applicant is\na firm;\n(b) a police clearance certificate for \u2014\n(i)\nthe applicant, where the applicant is an individual;\n(ii) any individual who has a legal or beneficial interest in the company,\nwhere the applicant is a company; or\n(iii) each partner who is a partner in the firm, where the applicant is\na firm;\n(c)\na bank reference for the applicant;\n(d) where the licensed premises is located in a public place, evidence of the\napproval of the relevant authority to dispose of intoxicating liquor in that\nplace;\n(e)\nwhere relevant, evidence of compliance with the laws relating to\npensions, health insurance, labour relations, environmental health or fire\nsafety; and\n(f)\nwhere the applicant is a company that is not Caymanian owned and\ncontrolled and not exempt from the Local Companies (Control) Law\n(2019 Revision), a licence under that Law.\n(1C) The Board may take steps to carry out due diligence procedures with regards\nto any director or any person who has a beneficial interest in a trade or\nbusiness for which an application for the grant or renewal of a licence is made\nunder this Law.\n(1D) The Board on receipt of a police clearance or on the carrying out of due\ndiligence procedures may make such determinations regarding the grant or\nrefusal of an application for a licence as it sees fit and shall provide reasons for\nits determinations.\n(2) Repealed by section 7 of Liquor Licensing (Amendment) Law, 2015 [Law 21\nof 2015].\n\nSection 9\nLiquor Licensing Law (2019 Revision)\n\nPage 14\nRevised as at 1st January, 2019\nc\n\n(3) A Board may not grant a licence under section 7(7) in respect of a vessel\nunless the Board is satisfied that the vessel is fit as to repairs, equipment\n(including fire-fighting, radio, life-saving and first-aid equipment) crew, fuel\nand in all other respects for all its voyages; and a Board may, at any time,\nsuspend such a licence if it is satisfied that the relevant vessel no longer\ncomplies with this subsection.\n9.\nRequirements for licensed premises\n9.\n(1) A Board may not grant a licence unless satisfied that the premises in respect of\nwhich the application is made \u2014\n (a) comply with the laws and regulations affecting building, town planning\nand public health;\n(b) are situated at a location where they will be of service to the public; and\n(c)\nwill not cause inconvenience to the occupiers of neighbouring property.\n(2) A moratorium on the granting of any new licences in the Islands may be made\nby the Cabinet by Order published in the Gazette, such Order appointing the\ndate of commencement and expiration of the moratorium and different dates\nmay be appointed in relation to different categories of licences.\n(3) Subsection (2) does not apply to \u2014\n(a)\noccasional licences;\n(b) renewal of a licence; or\n(c)\nhotel licences.\n(4) In considering the suitability of premises for service to the public, Boards shall\nhave regard to any representations made by or on behalf of the Commissioner,\nthe Chief Fire Officer and the Executive Secretary of the Central Planning\nAuthority as well as members of the public who may be directly affected by\nthe grant of a licence.\n(5) Subsections (1) and (2) do not apply to licences issued under section 7(7), but\nin granting licences under that subsection the Board shall consult and have\nregard to any advice tendered by the Commissioner, the Chief Medical\nOfficer, the Chief Fire Officer and the Port Authority and no licence so\ngranted shall, in any way, derogate from the control exercisable by the Port\nAuthority over such vessel.\n10.\nCategories of licenses\n10. (1) There are seven categories of licences \u2014\n(a)\ndistributors;\n(b) package;\n(c)\nretail;\n\nLiquor Licensing Law (2019 Revision)\nSection 10\n\nc\nRevised as at 1st January, 2019\nPage 15\n\n(d) hotel;\n(e)\ntemporary;\n(f)\nrestaurant; and\n(g) occasional.\n(2) A distributor\u2019s licence permits the disposal of intoxicating liquor to \u2014\n(a)\nother licensees; and\n(b) persons for export from the Islands,\nin sealed containers in quantities of not less than 27.3 litres in the case of beer\nor 9.1 litres in the case of other intoxicating liquor for consumption off the\npremises:\nProvided that in the case of disposal for export the distributor shall satisfy\nhimself that the goods are exported by obtaining a copy of a certificate to this\neffect from the Collector of Customs issued in accordance with section 30(1)\nof the Customs Law (2017 Revision).\n(3) A package licence permits the disposal of intoxicating liquor in sealed\ncontainers by retail for consumption off the licensed premises, but does not\npermit disposal to another licensee for the purpose of disposal by him under\nthe terms of his licence.\n(4) A retail licence \u2014\n(a)\npermits the disposal of intoxicating liquor for consumption on the\npremises of \u2014\n(i)\na bar or mobile bar;\n(ii) a night club;\n(iii) a sea-going vessel; or\n(iv) a retail establishment at which tasting events of samples of\nintoxicating spirits are held; but\n(b) does not permit disposal to another licensee for the purpose of disposal\nby that licensee under the terms of his licence.\n(5) An hotel licence permits the disposal of intoxicating liquor in hotel premises\nfor consumption on or, in sealed containers, containing beer, of not less than\n6.82 litres or, containing any intoxicating liquor other than beer, of not less\nthan .75 litres, off the premises but does not permit disposal to another\nlicensee for the purpose of disposal by him under the terms of his licence.\n(6) A temporary licence permits the disposal of intoxicating liquor for a period not\nexceeding ninety days and in the manner therein mentioned.\n(7) A restaurant licence permits the disposal of intoxicating liquor to any person at\na restaurant, or other premises affixed to the land, at which food is served for\nconsumption on the premises.\n\nSection 11\nLiquor Licensing Law (2019 Revision)\n\nPage 16\nRevised as at 1st January, 2019\nc\n\n(8) The Cabinet may from time to time prescribe the fees for a licence, an\nextension granted by the Chairperson under section 11(3) or permission\ngranted by the Board under section 11(6).\n(9) The prescribed licence fees shall, subject to subsection (9A), be paid into the\nTreasury and the receipt therefor produced to the Board at the time of\napplication, and in the event of an application being rejected, the Treasury\nshall refund the fee to the applicant.\n(9A) A Board may waive, in whole or in part, the fee required to be paid for a\ntemporary or occasional licence for the disposal of intoxicating liquor at an\nevent that is part of a national festival of the Islands.\n(10) No person may import into the Islands intoxicating liquor in excess of one\ngallon unless he is the holder of a licence.\n11.\nHours for sale of alcoholic liquor\n11. (1) Save as otherwise specifically provided, no licensee other than a hotel or\nrestaurant licensee shall dispose of intoxicating liquor on Sundays, Christmas\nDay or Good Friday.\n(2) Every licence shall state the times during which the licensed premises shall be\nand remain open to the public for the sale of intoxicating liquor, and such time\nshall be known with relation to such licence as specified hours.\n(3) A Board may, from time to time, by Notice published in the Gazette, specify\nsuch hours, with reference to each class of licence, when intoxicating liquor\nmay not be sold and, subject to subsection (1), all other hours shall be known\nas permitted hours:\nProvided that, on the application of a licensee, the Chairperson of a Board\nmay, subject to subsection (1), extend such hours in a particular case and the\nhours covered by any such extension shall, during the duration of such\nextension, be deemed to be permitted hours for the purposes of this Law.\n(4) Every licensee is permitted, save in exceptional and unforeseen circumstances,\nto open the licensed premises for the sale of intoxicating liquor to the public at\nany time during the specified hours and may, in addition, open the licensed\npremises at any time during the permitted hours.\n(5) A licensee who sells or disposes of intoxicating liquor other than during\npermitted hours commits an offence.\n(6) Notwithstanding subsection (1), where the Board is satisfied, having regard to\nthe situation of and the construction and design of the premises that it is in the\npublic interest so to do, the Board may permit licensed premises the subject of\u2019\na retail licence or a package licence or any part thereof as they may specify to\nbe opened for the disposal of intoxicating liquor on Sundays during such hours\nas the Board may, in each particular case, determine.\n\nLiquor Licensing Law (2019 Revision)\nSection 12\n\nc\nRevised as at 1st January, 2019\nPage 17\n\n(6A) Hours covered by permission granted by the Board under subsection (6) shall\nbe endorsed upon the licence and are deemed to be permitted hours for the\npurposes of this Law.\n(7) A Board may exempt, in whole or in part, from subsection (1) \u2014\n(a)\nany bar serving an airport; and\n(b) any duty-free liquor shop located at an airport, in respect of sales to\noutgoing passengers only.\n(8) During the last ten minutes of each period of permitted hours no intoxicating\nliquor may be supplied to or received by any person in premises licensed\nunder a retail licence, a hotel licence, a temporary licence, or a restaurant\nlicence but persons already lawfully in possession of intoxicating liquor may\nconsume it during that period; thereafter any intoxicating liquor in the actual\nor constructive possession of any person in such licensed premises other than\nthe licensee shall be deemed to have been supplied and obtained there during\nprohibited hours and such person and the licensee shall have committed an\noffence, and such liquor lying in the licensed premises, other than in storage\nareas not accessible to the public in permitted hours, shall be disposed of as\nwaste by the licensee who shall have committed an offence if he fails so to do:\nProvided that a bona fide guest, lawfully resident in the licensed premises,\nmay, at any time, possess and consume intoxicating liquor in any part of the\nlicensed premises reserved for the use of guests and not open to the general\npublic.\n12.\nApplications for licences\n12. (1) Every person desiring to obtain a new licence, other than a temporary licence\nor to vary an existing licence, shall, at least twenty-one days before a licensing\nsession is due to be held, make application in writing in Form 1 to the\nChairperson of the appropriate Board specifying \u2014\n(a)\nthe category of licence desired;\n(b) full details of the premises in respect of which the application is made\nindicating a plan;\n(c)\nthe name and age of the applicant;\n(d) the proposed specified hours; and\n(e)\nsuch other relevant information as the applicant desires to impart to the\nBoard.\n(2) Applicants under subsection (1) shall attend before the Board at the time of the\nopening of the sessions and such other times as the Board may require and\nmay, in addition, be represented by a person qualified to practise law in the\nIslands.\n\nSection 13\nLiquor Licensing Law (2019 Revision)\n\nPage 18\nRevised as at 1st January, 2019\nc\n\n(3) Every applicant shall, twenty-one days before making an application, affix a\ncopy of the proposed application to some conspicuous place upon the premises\nnamed therein and send copies thereof to \u2014\n(a)\nthe Chief Medical Officer;\n(b) the Commissioner;\n(c)\nthe Chief Fire Officer; and\n(d) the Executive Secretary of the Central Planing Authority,\neach of whom shall, within fourteen days of the receipt thereof, forward to the\napplicant a certificate in duplicate under his hand stating \u2014\n(i)\nwhether the premises appear to be suitable and unobjectionable for\nthe purposes proposed; or\n(ii) what alterations, if any, to the premises would render such premises\nsuitable, and what conditions, if any, attached to the licence, if\ngranted, would render the grant of the proposed licence\nunobjectionable,\nand the applicant shall forward such certificates to the Chairperson together\nwith the application.\n(4) An application for a licence may be made by way of such medium as may be\nprovided by the Department of Commerce and Investment for the purpose of\nthe electronic processing of applications under this Law.\n(5) The Cabinet may make regulations to provide for the electronic processing of\napplications by the Board.\n13.\nVariation of licences\n13. (1) Where, in any case, it is desired in respect of any licence to change \u2014\n(a)\nthe licensee;\n(b) the location of the licensed premises;\n(c)\nthe licensed premises by making addition or alteration thereto;\n(d) the specified hours;\n(e)\nthe category of licence; or\n(f)\nany condition imposed under section 7(1)(f),\nthe licensee or prospective licensee may make application to the Chairperson\nof the relevant Board in that behalf and the Chairperson may grant such\napplication subject to such conditions as he may decide to impose, and shall\nendorse the licence accordingly:\nProvided that, at least seven days before the grant of any application to change\nthe location of the licensed premises under paragraph (b), notice of the\napplication shall be made by publication in at least one newspaper circulating\n\nLiquor Licensing Law (2019 Revision)\nSection 14\n\nc\nRevised as at 1st January, 2019\nPage 19\n\nin the Islands, and the Commissioner, the Chief Fire Office, the Chief Medical\nOfficer and any member of the public may object in writing to the application\nand the Chairperson shall, before granting such application, give due\nconsideration to such objections.\n(2) Every grant of a variation made by a Chairperson under subsection (1) shall be\nreconsidered by the Board at its next meeting after the making of such grant\nand the decision of the Board and the date of such decision shall be endorsed\non the relevant licence.\n14.\nQuarterly sessions of the Boards\n14. (1) Where, twenty-one days prior to the first day of the months of March, June or\nDecember and subsequent to the last meeting of a Board \u2014\n(a)\nany variation of a licence has been granted by the Chairperson under\nsection 13(1);\n(b) any application for the grant of a licence has been made;\n(c)\nany written notice of objection to the continuance of an existing licence\nhas been received under section 17(2); or\n(d) any recommendation with regard to an existing licence has been received\nfrom any court by virtue of section 16,\na quarterly session of the Board shall be held in the month specified.\n(2) A quarterly session shall be held at a time and place to be appointed by the\nChairperson, by Notice published in the Gazette or in at least one newspaper\ncirculating in the Islands, at least twenty-one days before the first day of the\nquarterly session.\n(3) Any new licence granted at a quarterly session shall remain in force, unless\nrevoked earlier by the Board, until the end of the thirtieth day of September\nnext following.\n(4) A fee for a licence granted at a quarterly session shall be charged on a pro rata\nbasis.\n15.\nTemporary licences\n15. (1) In addition to the other licensing sessions, a Board shall also meet at any time\nand place to be appointed by the Chairperson by Notice published in the\nGazette or in a newspaper printed in the Islands, at least fourteen days before\nthe meeting to hear any application on grounds of hardship or inconvenience\nfor the grant of a temporary licence to permit the sale of intoxicating liquor on\nor off licensed premises in the manner therein mentioned.\n(2) The applicant shall attend before the Board at the meeting and may, in\naddition, be represented by a person qualified to practise law in the Islands.\n\nSection 16\nLiquor Licensing Law (2019 Revision)\n\nPage 20\nRevised as at 1st January, 2019\nc\n\n(3) Before granting a temporary licence under subsection (1), a Board may require\nsuch notice to be given, cause such enquiries to be made and require to be\nproduced by any person such information or certificate, as it shall consider\ndesirable.\n(4) A temporary licence granted under subsection (1) shall take effect immediately\nand shall remain in force, unless revoked or varied in the meantime, only until\nthe next following licensing session and shall be subject to such terms and\nconditions as the Board shall impose.\n(5) No application shall be made more than once in every two years by the same\napplicant in respect of the same premises.\n16.\nCourt may make recommendations regarding licences\n16. Where, in any matter coming before a court, the conduct of the licensee is such or\nthe manner of user of licensed premises appears to a Judge or Magistrate to be\nunsatisfactory or prejudicial to the public interest, such Judge or Magistrate may\nmake such recommendation to the Board as he considers proper and shall notify the\nlicensee or his counsel accordingly and shall cause such recommendation to be\ncommunicated to the Chairperson of the relevant Board by the Clerk of the Court.\n17.\nObjections by the public\n17. (1) At any application for the grant of a licence, the Commissioner, the Chief Fire\nOfficer, the Chief Medical Officer or any member of the public who has given\nat least seven days\u2019 notice of objection in writing to the Chairperson may\nappear and be heard in objection to the grant of such licence.\n(2) At any meeting of a Board, the Commissioner, the Chief Fire Officer, the\nChief Medical Officer or any member of the public who has given to the\nChairperson seven days notice of objection may appear and ask for the\nrevocation or discontinuance of any existing licence:\nProvided that where, in the case of such objection by a member of the public,\nthe Board is of the opinion that the objection is malicious, frivolous or\nvexatious, the Board may order the objector to pay the licensee any costs he\nhas incurred thereby and to pay to the Board for the benefit of the revenue of\nthe Islands a further sum at the rate of one hundred dollars for each hour or\npart of an hour of the Board\u2019s time taken up by hearing and investigating the\nobjector\u2019s complaint.\n18.\nRepealed\n18. Repealed by section 11 of the Liquor Licensing (Amendment) Law, 2015 [Law 21 of\n2015].\n\nLiquor Licensing Law (2019 Revision)\nSection 19\n\nc\nRevised as at 1st January, 2019\nPage 21\n\n19.\nOccasional licences\n19. (1) Where it is desired to sell intoxicating liquor at a casual entertainment or\nfestival held for a recognised public purpose, a Chairperson may, if satisfied\nthat no profit accrues to the sponsors or organisers of such festival or\nentertainment, grant to one individual person over the age of twenty-one years\nor two such individual persons jointly, an occasional licence to sell\nintoxicating liquor for a period and at a place specified in such occasional\nlicence.\n(2) An occasional licence shall be in Form 4.\n(3) An occasional licence may be for disposal to the public generally or to a\nparticular section of the public.\n20.\nConditions of retail selling\n20. (1) No licensee shall dispose of or have on the licensed premises any spirits (other\nthan liqueurs) having a strength of less than seventy-five per cent of proof\nspirit, otherwise than in specifically marked containers showing the nature and\nspecific gravity of the contents.\n(2) Spirits, unless sold in sealed containers, shall be sold by the English fluid\nounce (being one twentieth of an imperial pint) and multiples thereof and no\nlicensee shall have any spirit measure or measuring device of less than one\nfluid ounce in or about any licensed premises.\n(3) Beer, ale, porter, stout, cider, perry and other malt liquor, unless sold in sealed\ncontainers, shall be sold by the imperial half pints or multiples thereof and\nevery drinking vessel for the supply of such liquor on draught shall have a\ncapacity in excess of half an imperial pint or multiple thereof and shall be\nmarked to show the half-pint or other capacity level.\n(4) Every sealed container for the supply of intoxicating liquor shall be marked to\nshow the capacity of the contents either in imperial pints, litres or a unit of\ncapacity lawfully in use in the country of origin or multiples or fractions\nthereof.\n21.\nServing or delivering intoxicating liquor to or for consumption by persons\nunder the age of eighteen\n21. (1) A licensee shall not \u2014\n(a)\nsell intoxicating liquor to a person under the age of eighteen;\n(b) knowingly allow a person under the age of eighteen to consume\nintoxicating liquor in licensed premises; or\n(c)\nknowingly allow any person in licensed premises to sell intoxicating\nliquor to a person under the age of eighteen.\n\nSection 22\nLiquor Licensing Law (2019 Revision)\n\nPage 22\nRevised as at 1st January, 2019\nc\n\n(2) A person under the age of eighteen shall not buy, attempt to buy or consume\nintoxicating liquor.\n(3) No person shall buy or attempt to buy intoxicating liquor for consumption by a\nperson under the age of eighteen.\n(4) Where a person is charged with contravening subsection (1), and he is charged\nby reason of his own act, it shall be a defence to prove that he exercised all due\ndiligence to avoid the commission of such an offence.\n(5) Where the person charged with contravening subsection (1) is a licensee and\nhe is charged by reason of the act or default of some other person, it shall be a\ndefence for him to prove that he exercised all due diligence to avoid the\ncommission of an offence under that subsection.\n(6) A licensee shall not knowingly deliver or knowingly allow any person to\ndeliver, to person under the age of eighteen, intoxicating liquor sold in\nlicensed premises for consumption off the premises.\n(7) A person shall not knowingly send a person under the age of eighteen to obtain\nintoxicating liquor sold or to be sold in licensed premises for consumption off\nthe premises, whether the liquor is to be obtained from the premises or other\npremises from which it is delivered in pursuance of the sale.\n(8) A person who contravenes this section commits an offence and is liable on\nsummary conviction to a fine of five thousand dollars; and the court may, if\nthe offence was committed by the licensee, order that the licensee shall forfeit\nhis licence and that no licence may be issued to that person for a period not\nexceeding ten years from the date of his conviction.\n22.\nChildren prohibited from bars\n22. (1) A licensee shall not allow a person under the age of eighteen to be in a bar of\nlicensed premises.\n(2) No person shall knowingly cause, procure, or attempt to cause or procure any\nperson under the age of eighteen to be in a bar of licensed premises.\n(3) Where it is shown that a person under the age of eighteen was in a bar of\nlicensed premises during permitted hours, the licensee commits an offence\nunder this section unless he proves that he exercised all due diligence to\nprevent the person under the age of eighteen from being permitted to enter the\nbar of the licensed premises.\n(4) No offence shall be committed under this section if the person under the age of\neighteen is in a bar solely for the purpose of passing to or from some part of\nthe premises which is not a bar and to or from which there is no other\nconvenient means of access or egress.\n(5) A person who contravenes this section commits an offence and is liable on\nsummary conviction to a fine of five thousand dollars.\n\nLiquor Licensing Law (2019 Revision)\nSection 23\n\nc\nRevised as at 1st January, 2019\nPage 23\n\n23.\nEmployment of minors in licensed premises\n23. (1) A licensee who employs a person under the age of eighteen in licensed\npremises shall not allow that person to prepare, serve, sell or otherwise deal\nwith intoxicating liquor unless \u2014\n(a)\nsuch liquor is unopened or contained in a sealed container; or\n(b) the person is employed in disposing of liquor which has been served on\nthe premises and not consumed or only partially consumed.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of five thousand dollars.\n24.\nIdentification\n24. (1) A licensee shall be considered to exercise all due diligence to prevent a\ncontravention of this Law relating to a person\u2019s age if he requests, and is\nshown, an official document containing evidence of the person\u2019s age together\nwith a photograph of that person.\n(2) In subsection (1) \u2014\n\u201cofficial document\u201d means a passport or driving licence whether issued by the\nGovernment of the Islands or by or on behalf of the Government of any other\ncountry.\n25.\nDisposal of intoxicating liquor to drunken or disorderly persons is\nforbidden\n25. No person shall dispose of any intoxicating liquor to, or procure any intoxicating\nliquor for, any person who \u2014\n(a)\nappears to be drunk; or\n(b) is violent, quarrelsome or disorderly.\n26.\nControl of drunken and disorderly persons\n26. (1) If, in the opinion of a licensee, his servant or agent or any constable, any\nperson being on licensed premises is drunk or disorderly or appears likely to\ncreate a breach of the peace, he shall notify the police and, without necessarily\ngiving a reason, ask such person to leave the premises, and such person shall\nleave forthwith.\n(2) If any person, having been requested to leave licensed premises, in compliance\nwith subsection (1), fails to do so, the licensee or any constable may, while\navoiding the infliction of bodily harm, use such force as may be necessary to\neject such person from the licensed premises.\n(3) No licensee shall permit drunkenness, gambling, disorderly or riotous\nbehaviour or blasphemous or obscene language on the licensed premises.\n(4) A person who, when present on licensed premises \u2014\n\nSection 27\nLiquor Licensing Law (2019 Revision)\n\nPage 24\nRevised as at 1st January, 2019\nc\n\n(a)\nis drunk;\n(b) behaves in a riotous or disorderly manner;\n(c)\ncommits an offence against the Gambling Law (2016 Revision);\n(d) uses blasphemous, obscene or offensive language;\n(e)\nuses any word, gesture or action calculated to offend, embarrass or\nprovoke any person; or\n(f)\nfails to leave the licensed premises when requested so to do by virtue of\nsubsection (1),\ncommits an offence.\n27.\nRights of licensee\n27. (1) For the avoidance of doubt, it is declared that, in addition to such other powers\nas he may have under this or any other law, a licensee has the right, and is\ndeemed always to have had the right, at his absolute discretion and without\ngiving any reasons therefor \u2014\n(a)\nto request any person to leave licensed premises;\n(b) if it appears to the licensee that any person is drunk or disorderly or\nlikely to cause a breach of the peace or to cause unjustified annoyance to\npatrons or other users of the premises, to forbid such person from\nentering such licensed premises.\n(2) The licensee, or any servant of his or a constable approved in writing by the\nCommissioner may use such force as may be necessary to eject from the\nlicensed premises any persons who, under subsection (1) \u2014\n(a)\nfails or refuses to leave the licensed premises after having been requested\nto do so; or\n(b) enters the licensed premises after having been forbidden to do so.\n(3) A person who, under subsection (1), having been requested to leave licensed\npremises fails or refuses to do so, or having been forbidden from entering\nthereon does so or attempts to do so, commits an offence.\n28.\nVicarious responsibility of licensees\n28. (1) It is the duty of every licensee to procure the compliance of his servants,\nagents and other persons under his control with this Law and where such\nperson commits an offence against this Law the licensee shall be equally\nculpable with such person of such offence whether the licensee was or was not\npresent at the time of the act or omission constituting such offence.\n(2) In subsection (1) \u2014\n\u201cperson in his control\u201d, in relation to a licensee, is deemed to include \u2014\n\nLiquor Licensing Law (2019 Revision)\nSection 29\n\nc\nRevised as at 1st January, 2019\nPage 25\n\n(a)\nany person to whom he has leased the licensed premises or delegated\ncontrol thereof; and\n(b) any servant, agent or person under the control of a person mentioned in\nparagraph (a).\n29.\n Repealed\n29. Repealed by section 12 of the Liquor Licensing (Amendment) Law, 2015 [Law 21 of\n2015].\n30.\nSignboard\n30. Every licensee shall affix a board, in some conspicuous place over the door or\nwindow of the licensed premises, whereon shall be printed, in legible characters, his\nname and underneath such name the words \u201cLicensed to sell intoxicating liquor\u201d\nwith the number of the licence, the class of the licence and the specified hours\nduring which he is required by his said licence to keep his premises open to the\npublic.\n31.\nClosure of licensed premises in times of riot or apprehended disturbance\n31. If, in the opinion of the Commissioner, a state of riot exists or there is reasonable\napprehension of an outbreak of public disorder, he may order any licensed premises\nto be and remain closed until further order and every licensee shall comply with\nsuch order of the Commissioner whether it be made personally or in writing.\n32.\nAlterations to licensed premises\n32. (1) No alteration other than redecoration and maintenance may be carried out in or\nto licensed premises until a variation order under section 13 has been granted\nin that behalf.\n(2) Where the grant of a variation order with respect to licensed premises has been\nmade by the Chairperson and such variation is not confirmed by the Board at\nits next meeting, the Board shall specify a reasonable time within which the\nlicensed premises shall be restored to their former condition and, if at the end\nof such time the premises have not been so restored, the licence shall be and\nremain in abeyance until such restoration is completed to the satisfaction of the\nBoard.\n33.\nPower to search premises\n33. (1) The Commissioner, any Justice, trade officer or revenue officer may \u2014\n(a)\nenter any licensed premises or any place within the curtilage thereof for\nthe purpose of detecting or preventing any breach of this or any other law\nwhich it is his duty to enforce or of any licence;\n(b) having reasonable ground for suspecting that intoxicating liquor is being\nunlawfully disposed of stored, introduced or otherwise dealt with, enter\n\nSection 34\nLiquor Licensing Law (2019 Revision)\n\nPage 26\nRevised as at 1st January, 2019\nc\n\nand inspect any aircraft, hovercraft, ship, boat or conveyance, or any\npremises and examine any place therein and any receptacle, package or\nthing; and\n(c)\nseize and detain any intoxicating liquor which he has reason to believe\nhas been distilled, manufactured, imported, introduced, disposed of or\nremoved, or is possessed contrary to this or any other law, or is on\nunlicensed premises for disposal contrary to this Law, and any\nreceptacle, package or thing containing the same and any aircraft,\nhovercraft, ship, boat, conveyance or animal used in transporting\nintoxicating liquor contrary to this or any other law.\n(1A) Notwithstanding the provisions in subsection (1), the Commissioner or a trade\nofficer may, at the request of the Board, inspect any licensed premises and\nshall, upon carrying out that inspection, report in writing to the Board at the\nmeeting following that inspection giving an opinion as to whether the licensed\npremises are being used or maintained in accordance with this Law.\n(1B) The Board shall be assisted by the Commissioner or the Commissioner\u2019s\ndesignate in the carrying out of duties under this section.\n(2) A person who by himself, or by any person in his employ or acting by his\ndirection or with his consent, refuses or fails to admit any person specified\nunder subsection (1) in the execution of his duty demanding to enter in\npursuance of this section, or a person acting in the aid of any such specified\nperson commits an offence.\n(3) A person who molests, hinders, opposes or obstructs any person specified\nunder subsection (1), or anyone acting in aid of any such person in the\nexecution of his duty in pursuance of this Law commits an offence.\n(4) The powers conferred by this section are in addition to and not in derogation\nof any other power conferred by any other law.\n34.\nPowers of trade officer\n34. (1) The Board shall be assisted by such trade officers as are necessary for the\npurposes of this Law.\n(2) Subject to subsection (3), trade officers shall have all the rights, powers,\nprivileges and immunities of a constable when discharging their duties under\nthis Law.\n(3) A trade officer shall have the authority and power to carry out such\ninstructions as may be given by the Board or the Department of Commerce\nand Investment in accordance with this Law and may exercise on behalf of the\nBoard or the Department, any powers granted to the Board by this Law.\n\nLiquor Licensing Law (2019 Revision)\nSection 35\n\nc\nRevised as at 1st January, 2019\nPage 27\n\n(4) The Chief Officer of the ministry with the responsibility for commerce or the\nChief Officer\u2019s designate shall assign such officers of the Department as is\nconsidered necessary, to perform the duties of trade officers under this Law.\n(5) Each officer assigned under this section shall be provided with an\nidentification card prepared and signed by the Chief Officer or the Chief\nOfficer\u2019s designate and the identification card shall contain the photograph of\nthe respective officer.\n(6) The Director of the Department shall have the same rights, powers, privileges,\nand immunities conferred on a trade officer under subsection (2) when\ndischarging duties under this Law.\n(7) The trade officer, on proof of identity, may enter on and inspect any licensed\npremises in the Islands or any place within the curtilage of such premises at\nany time when the business is open to the public for the sale of intoxicating\nliquor, for the purpose of detecting any breach of this Law or of any licence,\nand shall forthwith report any such breach to the Board.\n(8) A person who prevents the entry of, or obstructs a trade officer in the\nexecution of any duty upon any licensed premises or any place within the\ncurtilage thereof, commits an offence.\n35.\nDisposal of intoxicating liquor to hamper search\n35. A person who removes, throws away or destroys, or causes to be removed, thrown\naway or destroyed, any intoxicating liquor, in order to impede any search for or\nseizure of the same under this Law commits an offence.\n36.\nCustody of things seized-sale of perishables, etc.\n36. All ships, aircraft, hovercraft, goods and other things which may be seized under\nthis Law shall be delivered into the custody of a revenue officer, or some other\nperson specified by the Cabinet, who shall cause the same to be properly secured:\nProvided that if it appears to the Cabinet that anything seized is of a perishable\nnature, or is likely to deteriorate by being kept, it may order the sale of such thing\npending its condemnation and shall retain the proceeds of such sale to abide the\nissue.\n\nSection 37\nLiquor Licensing Law (2019 Revision)\n\nPage 28\nRevised as at 1st January, 2019\nc\n\n37.\nRelease of seizure on giving of bond\n37. (1) The Cabinet may, on application made to it in writing, order the delivery of\nevery ship, boat, aircraft, hovercraft, goods or other thing seized, to the owner\nor his agent, on security given by bond, to the satisfaction of the Cabinet,\ndouble the value of the same in case of condemnation, such value to be\ndetermined by the Cabinet, and such bond shall be taken to the use of Her\nMajesty in the name of the Cabinet and shall be delivered and kept in the\ncustody of the Cabinet, and if the ship, boat, aircraft, hovercraft, goods or\nother thing is condemned, the value shall be paid to the Cabinet, who shall\nthereupon cancel such bond.\n(2) A deposit of money in such sum as the Cabinet may consent to, being not less\nthan the value determined by it, may in any such case, be made with the\nCabinet in lieu of a bond.\n38.\nNotice of claim to Cabinet - procedure\n38. (1)  Any person claiming anything seized shall, by himself or his agent, give\nnotice, in writing, to the Cabinet of such claim within ten days after the\nseizure, and such notice shall state that the person claiming is the owner or the\nagent of the owner, as the case may be, of the thing seized, and shall also state\nthe residence and occupation of the claimant and the grounds for disputing the\nseizure.\n(2) All claims shall be based upon the notice to the Cabinet, and be filed by the\nclaimant against the Cabinet before the Grand Court within fifteen days after\nthe seizure.\n(3) Every such claim shall be supported by the oath of the claimant, or, if the\nclaim is made through an agent, by that of his agent, swearing to the best of his\nknowledge and belief.\n(4) When any such claim is made through an agent, sufficient prima facie\nevidence of his authority to satisfy a Judge of the Grand Court shall be filed\nwith the claim, but, if such authority is not admitted at the hearing, it must be\nproved.\n(5) No claim shall be received or heard by a Judge of the Grand Court unless,\nalong with the same, the claimant deposits the sum of five hundred dollars by\nway of security for any costs which may be awarded against him.\n(6) At the hearing the Cabinet may appear by any person authorised by it in\nwriting to that effect.\n(7) On the hearing, the claimant shall make proof of the ownership of the thing\nand its exemption from liability to seizure and, in default thereof the Judge of\nthe Grand Court shall make an order confirming the seizure, with costs,\nwhereupon the thing seized may be sold by the Cabinet.\n\nLiquor Licensing Law (2019 Revision)\nSection 39\n\nc\nRevised as at 1st January, 2019\nPage 29\n\n(8) If a Judge of the Grand Court is of the opinion that the claimant has\nestablished his case, he shall make an order annulling the seizure and if the\nthing seized is in the Cabinet\u2019s possession, a Judge of the Grand Court shall\nmake an order for its restitution.\n39.\nCondemnation and forfeiture\n39. In default of notice, or the filing of any claims within the respective times aforesaid,\nor if any claim, after having been filed, is discontinued, or judgment is given against\nthe claimant therein, then and in every such case the thing seized shall he taken to\nbe condemned and forfeited and shall be sold.\n40.\nMode of sale, etc., and application of proceeds\n40. (1) Any thing seized and condemned, or not claimed within the time fixed by this\nLaw, may be sold by auction by any person whether an auctioneer or not,\nunder direction of the Cabinet, which shall previously notify such sale by\nNotice published in the Gazette.\n(2) The money arising from such sale, shall be applied in payment of \u2014\n(a)\nall charges incidental to such sale, and for custody and carriage;\n(b) all charges incidental to the seizure if any, and the proceedings thereon,\nand the residue of such money, if any, shall be paid into the Treasury.\n41.\nProhibition of certain persons from consuming intoxicating liquor\n41. (1) Where a person is convicted by any court of an offence involving drunkenness\nor to which, in the opinion of the court, the drunkenness of such person has\nbeen a contributory factor and such person has, within the previous three years\nbeen convicted of not less than two other such offences, the court may, in lieu\nof or in addition to any other punishment imposed, declare such person to be a\nprohibited person for the purpose of this Law and place such person under\nrestriction for a period not exceeding one year.\n(2) A person who, while under restriction for the purpose of subsection (1) \u2014\n(a)\nconsumes;\n(b) obtains;\n(c)\nsolicits any person to supply to him; or\n(d) has in his possession otherwise than in the normal course of his\nemployment,\nany intoxicating liquor commits an offence and is liable on summary\nconviction to a fine of five hundred dollars and to imprisonment for three\nmonths.\n\nSection 42\nLiquor Licensing Law (2019 Revision)\n\nPage 30\nRevised as at 1st January, 2019\nc\n\n(3) A person who knowingly supplies intoxicating liquor to a person under\nrestriction under subsection (1), commits an offence and, on summary\nconviction, is punishable under subsection (2).\n(4) A person who knowingly \u2014\n(a)\naids;\n(b) abets; or\n(c)\nprocures,\nthe commission of an offence under subsection (2) commits an offence and on\nsummary conviction, is punishable under subsection (2).\n(5) Where a court declares any person to be a prohibited person by virtue of\nsubsection (1), the Clerk of that Court shall report the fact to the\nCommissioner and the Commissioner may, by circular or other means, inform\nall licensees in the Islands of the name and other particulars of such person.\n(6) The court may, acting upon the written request of any person, declare such\nperson to be a prohibited person, notwithstanding that such person has not\ncommitted any criminal offence, and the consequences of such a declaration\nshall be the same in all respects as if such person has been declared to be a\nprohibited person for the purposes of subsection (1).\n(7) Where a person is convicted by any court of any offence and within forty-eight\nhours of such conviction (excluding any non-working days) there is furnished\nto such court a written certificate of \u2014\n(a)\na government medical officer; or\n(b) a registered medical practitioner who has had under his care the\nconvicted person or a member of such person\u2019s family with whom such\nperson resides,\nthat in the opinion of such practitioner it would be in the best interest of such\nperson or such family member for the court so to do, such court may declare\nsuch person to be a prohibited person for the purposes of subsection (1).\n42.\nOffences by licensees\n42. A person who, being a licensee, disposes of any intoxicating liquor, otherwise than\nin accordance with his licence, commits an offence.\n42A. Offence by body corporate\n42A. Where an offence under this Law is committed by a body corporate, any person\nwho, at the time of the commission of the offence, was a director, manager,\nsecretary or other similar officer of the body corporate, or was purporting to act in\nany such capacity, shall be deemed to have committed the offence unless the person\nproves \u2014\n\nLiquor Licensing Law (2019 Revision)\nSection 43\n\nc\nRevised as at 1st January, 2019\nPage 31\n\n(a)\nthat the offence was committed without the person\u2019s consent or\nconnivance; and\n(b) that the person exercised all such reasonable diligence to prevent the\ncommission of the offence as ought to have been exercised having regard\nto the nature of the person\u2019s function in that capacity and to all\ncircumstances.\n43.\nLiquor not to be consumed in vehicles in certain cases\n43. A person who consumes any intoxicating liquor while in or on any kind of vehicular\nconveyance which is moving along or standing adjacent to any highway or its\nverges commits an offence.\n44.\nGeneral penalty\n44. (1) A person who commits an offence under this Law is liable on summary\nconviction to a fine of one thousand dollars and to imprisonment for one year\nand, on a second or subsequent conviction, to a fine of two thousand dollars\nand imprisonment for two years.\n(2) Where a person convicted under subsection (1) is a licensee, the Clerk of the\nCourt shall report such conviction to the Board and, if such licensee is\nconvicted on more than one occasion, the Board may revoke or refuse to\nrenew the licence of such licensee.\n(3) Where there has been more than one conviction under this Law in respect of\noffences having arisen or taken place in the same licensed premises, the Board\nmay refuse to renew the licence in respect of such licensed premises,\nnotwithstanding that the offences took place while the premises were in the\nhands of different licensees.\n(4) The Cabinet may, by regulations, provide for administrative fines in place of\nthe penalties provided for offences under this Law.\n45.\nInstitution of proceedings\n45. All proceedings against persons alleged to have offended against this Law shall be\ninstituted under and in accordance with section 13 of the Criminal Procedure Code\n(2019 Revision).\n46.\nAppropriation of property forfeited\n46. The proceeds of the sale of any property forfeited under this Law shall be paid into\nthe Treasury.\n\nSection 47\nLiquor Licensing Law (2019 Revision)\n\nPage 32\nRevised as at 1st January, 2019\nc\n\n47.\nPrecise description of intoxicating liquor not necessary in evidence\n47. In any prosecution for any offence under this Law, with respect to intoxicating\nliquor, it is not necessary for any witness to depose directly to the precise\ndescription of the intoxicating liquor, with respect to which the offence has been\ncommitted, to the precise consideration therefor or to the fact that the offence was\ncommitted, to his own personal or certain knowledge but, so soon as it appears to\nthe court that the circumstances in evidence sufficiently establish the offence\ncomplained of, the court shall put the defendant on his defence, and, in default of\nsuch evidence being rebutted, shall convict the defendant accordingly.\n48.\nProof of knowledge not necessary\n48. Subject to section 41, on the trial of any proceedings for an offence under this Law,\nit shall not be necessary for a conviction to prove guilty knowledge or that the act or\nomission charged was committed knowingly.\n49.\nProtection of officials\n49. No action, suit or prosecution whatsoever shall be brought against any person, in\nrespect of any detention or seizure made under this Law, where such person was\nacting, or believed himself to be acting, in the discharge of his official duties.\n50.\nPower to make regulations\n50. (1) The Cabinet may make regulations for giving effect to the objects and\npurposes of this Law and providing for the responsible sale, distribution,\nservice and consumption of liquor in the Islands.\n(2) Notwithstanding the generality of the provisions in subsection (1), the Cabinet\nmay, by way of regulations provide for the training of licensees, servers and\nany person involved in the sale, distribution, service and consumption of\nliquor in the Islands.\n(3) The forms in the Schedule may be amended by way of regulations made\npursuant to subsection (1).\n51.\nSpent\n51. The transitional provision in the Liquior Licensing Law (2016 Revision) expired on\n30th September, 2018, and is now spent.\n52.\nValidation\n52. (1) All acts carried out in good faith by the Board or by any person authorized by\nthe Board in purported exercise of powers conferred under the former Law to\ngrant retail category liquor licences for which the relevant licensed premises\nwere movable structures are validated and all such licences granted in good\nfaith under the former Law are validated and taken to have been lawfully\ngranted.\n\nLiquor Licensing Law (2019 Revision)\nSection 52\n\nc\nRevised as at 1st January, 2019\nPage 33\n\n(2) In this section, \u201cformer law\u201d means the Law in force immediately before the\ncoming into force of section 6 of the Liquor Licensing (Amendment)\nLaw, 2015 [Law 21 of 2015].\n\nLiquor Licensing Law (2019 Revision)\nSCHEDULE\n\nc\nRevised as at 1st January, 2019\nPage 35\n\n SCHEDULE\nForm 1\nLIQUOR LICENSING LAW\n(2019 Revision)\n(section 12(1))\nAPPLICATION FOR A LIQUOR LICENCE\nI,\n___________________________________________________________________\naged__________________________of________________________________________\n_______________________________________and being \u2013\n(a) the holder of business licence No._____________ under the Trade and\n\nBusiness Licensing Law, 2014;\n(b) exempted from holding a business licence by virtue of section 3 of the\n\nTrade and Business Licensing Law, 2014;\n(c) the applicant for an occasional licence,\n(Tick the applicable option)\nam applying to the Liquor Licensing Board for a ________________________________\nlicence for the period beginning on the___________day of______________, 20____, and\nending on the thirtieth September following. I undertake to keep my premises open for\nservice to the public during the following hours \u2013\nWeekdays:____________________________________________________________\nSundays:______________________________________________________________\nThe address of the proposed licensed premises is________________________________\n_____________________________________________________________________\nWhere the licensed premises is a sea-going vessel, the name\/registration of the sea-going\nvessel is ______________________________________________________________\n_____________________________________________________________________\nThe name and address of the captain is_______________________________________\n_____________________________________________________________________\nWhere different from the captain, the name and address of the owner is_______________\n_____________________________________________________________________\n(Fill in the applicable options)\n\nSCHEDULE\nLiquor Licensing Law (2019 Revision)\n\nPage 36\nRevised as at 1st January, 2019\nc\n\nI enclose certificates of the Commissioner of Police, the Chief Fire Officer, Chief\nMedical Officer and the Executive Secretary of the Central Planning Authority as to the\nsuitability of the premises. A plan of the premises with bars, storage spaces, entrances\nand toilet facilities marked thereon is attached. A Treasury receipt for the prescribed fee\nis also enclosed.\n__________________________________.\n\n      (Applicant\u2019s signature)\n\nLiquor Licensing Law (2019 Revision)\nSCHEDULE\n\nc\nRevised as at 1st January, 2019\nPage 37\n\nForm 2\nLIQUOR LICENSING LAW\n(2019 Revision)\n(section 10 (6))\nPROVISIONAL GRANT OF LICENCE\nThis is to certify that____________________________________________________\nof____________________________________________has been provisionally granted\na__________________licence in respect of uncompleted premises at_______________\n____________________________________________________________________,\n\nthe plans of which have been deposited with the Board, subject to the following\nconditions:\n1.\nThe licence may take effect on or after___________________________________.\n2.\nThe premises have been completed in accordance with the plans deposited.\n3.\n________________________________________________________________.\n4.\n________________________________________________________________.\n5.\n________________________________________________________________.\n6.\n________________________________________________________________.\n__________________________               _______________________________\nName of Chairperson of the Board\nSignature of Chairperson of the Board\n\nSCHEDULE\nLiquor Licensing Law (2019 Revision)\n\nPage 38\nRevised as at 1st January, 2019\nc\n\nForm 3\nLIQUOR LICENSING LAW\n(2019 Revision)\n(section 7(1))\nLIQUOR LICENCE\nThis is to certify that_____________________________________________________\nis the holder of________________________licence under the Liquor Licensing Law\n(2019 Revision) which licence expires on the 30th September, 20__. The licence applies\nto\nthe\nlicensed\npremises\nat____________________the\nsea-going\nvessel\nnamed\/registered__________________________. The said licensed premises may open\nto the public for the sale of____________________________during the following hours:\n_______________________and may open during other permitted hours under this Law.\nThe following special conditions apply to this licence ___________________________\n____________________________________________________________________\n____________________________________________________________________.\n_____________________________                  __________________________________\nName of Chairperson of the Board\n\nSignature of Chairperson of the Board\n\nLiquor Licensing Law (2019 Revision)\nSCHEDULE\n\nc\nRevised as at 1st January, 2019\nPage 39\n\nForm 4\nLIQUOR LICENSING LAW\n(2019 Revision)\n(section 19 (2))\nOCCASIONAL LICENCE\nThis is to certify that_____________________________________________________\nof_______________________________________is licensed to sell intoxicating liquor\nto___________________________________at__________________________________\n_____________________________________________________________________,\non the occasion of_______________________________________________________\nat the following times____________________________________________on the\n(date)__________________________________________________________________.\n\n_____________________________                  __________________________________\nName of Chairperson of the Board\n\nSignature of Chairperson of the Board\n\nPublication in consolidated and revised form authorised by the Cabinet this 12th\nday of February, 2019.\nKim Bullings\nClerk of Cabinet\n\nLiquor Licensing Law (2019 Revision)\nENDNOTES\n\nc\nRevised as at1st January, 2019\nPage 41\n\nENDNOTES\nTable of Legislation History:\n\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\n8\/2018\nLiquor Licensing (Amendment) Law, 2018\n10-Sep-18\nG17\/2018\/s7\n35\/2018\n\n Liquor Licensing (Amendment) Law, 2018\n(Commencement) Order, 2018\n7-Sep-18\nGE-68\/2018\/s1\n\nLiquor Licensing Law (2016 Revision)\n2-Sep-16\nGE69\/2016\/s14\n55\/2015\n\n Liquor Licensing (Amendment) Law, 2015\n(Commencement) Order, 2015\n18-Dec-15\nGE99\/2015\/s7\n\n21\/2015\nLiquor Licensing (Amendment) Law, 2015\n1-Jan-16\nGE92\/2015\/s4\n\nLiquor Licensing Law (2000 Revision)\n27-Mar-00\nG7\/2000\/ s7\n\n16\/1999\nLiquor Licensing (Amendment) (New\nLicences) Law, 1999\n25-Oct-99\nG22\/1999\/s2\n\n7\/1999\nLiquor Licensing (Amendment) (Protection of\nMinors) Law, 1999\n6-Jul-99\nG14\/1999\/s5\n\n14\/1998\nLiquor Licensing (Amendment) (Protection of\nMinors) Law, 1998\n6-Jul-99\nG14\/1999\/s4\n\nLiquor Licensing Law (1996 Revision)\n12-Nov-96\nG23\/1996\/s1\n\n12\/1989\nLiquor Licensing (Amendment) Law, 1989\n20-Nov-89\nG24\/1989\/s6\n\n8\/1985\nLiquor Licensing Law, 1985\n15-Apr-85\nG8\/1985\/s8\n\nENDNOTES\nLiquor Licensing Law (2019 Revision)\n\nPage 42\nRevised as at 1st January, 2019\nc\n\nLiquor Licensing Law (2019 Revision)\nENDNOTES\n\nc\nRevised as at1st January, 2019\nPage 43\n\nENDNOTES\nLiquor Licensing Law (2019 Revision)\n\nPage 44\nRevised as at 1st January, 2019\nc\n\n(Price $8.80)","akn_extracted_at":"2026-06-22 15:34:40.457373+00","cms_id":"1985-0008","law_type":"principal","year":"1985","number":"8","title":"Liquor Licensing Act","status":"in_force"},"provenance":{"files":[{"file_id":"5113","expr_id":"248","kind":"akn_xml","filename":"1985-0008_2019 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1985\/1985-0008\/1985-0008_2019 Revision.akn.xml","content_md5":"8aa1d9f36fe28a7a11c006f98b498bbc","byte_size":"78863","http_last_modified":null,"fetched_at":"2026-06-22 15:34:41.352477+00"},{"file_id":"495","expr_id":"248","kind":"pristine_pdf","filename":"1985-0008_2019 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1985\/1985-0008\/1985-0008_2019 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