LIQUOR ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
LICENSING.

   2.   Unlicensed sale of liquor, etc. prohibited.

   3.   Licensing authorities.

   4.   Issue of licence, etc.

   5.   Licensed premises.

   6.   Transfer of licence.

   7.   Provisional licence.

   8.   Duplicate licence.

   9.   Restrictions on issue of licence.

   10.   Form and duration of licence.

   11.   Exhibition of licence.

   12.   Surrender of licence.

   13.   Appeals.

   14.   Cancellation and suspension of licence.

PART III
SALE OF LIQUOR, CONDUCT OF LICENSED PREMISES, ETC.

   15.   Sale outside permitted hours, etc.

   16.   Manufacture of native liquor in contravention of licence.

   17.   Orderly conduct of licensed premises.

   18.   Power to exclude drunkards, etc. from licensed premises.

   19.   Young persons.

   20.   Structural alterations.

   21.   Other business on licensed premises.

   22.   Closing of licensed premises in case of disorder.

   23.   Storage, sale and supply of liquor.

PART IV
SUPPLEMENTARY.

   24.   Manufacture of nonexcisable liquor, etc.

   25.   Denatured spirits.

   26.   False statement in application to licensing authority.

   27.   Evidence.

   28.   Sale or supply of intoxicating liquor on credit.

   29.   Service of documents.

   30.   Disposal of fees.

   31.   Variation of Schedules and rules.

   32.   Manufacture and sale of native liquor in rural areas.

   33.   Savings.

      First Schedule   Licensing authorities.

      Second Schedule   Licensing boards and licensing officers.

      Third Schedule   Licences.

      Fourth Schedule   Occasional licences.

CHAPTER 93
LIQUOR ACT.

Commencement: 1 October, 1960.

   An Act to make provision for regulating the manufacture and sale of intoxicating liquor, and to provide for matters incidental thereto and connected therewith.

PART I
INTERPRETATION.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "administration" means the administration of a district;

   (b)   "bar" means any part of licensed premises exclusively or mainly used for the sale and consumption of intoxicating liquor;

   (c)   "enguli" means any spirits manufactured in Uganda but does not include refined spirits or any other spirits produced locally by the exclusive licensee;

   (d)   "excisable liquor" means liquor on the manufacture of which an excise duty is imposed, and "nonexcisable liquor" means liquor on the manufacture of which no such duty is imposed;

   (e)   "exclusive licensee" has the same meaning as is assigned to it in the Enguli (Manufacture and Licensing) Act;

   (f)   "intoxicating liquor" means liquor or native liquor;

   (g)   "issue" in relation to a licence includes renew;

   (h)   "licence" means a licence specified in the Third Schedule to this Act;

   (i)   "licensed premises" means premises in respect of which a licence is in force;

   (j)   "licensee" means the holder of a licence;

   (k)   "licensing authority" means a licensing authority specified in the First Schedule to this Act, or a licensing board or licensing officer within the scope of its or his or her appointment;

   (l)   "licensing board" and "licensing officer" mean respectively a licensing board and a licensing officer appointed under section 3;

   (m)   "liquor" means any spirits (including refined spirits), wine, ale, beer, porter, cider, perry, hop beer or any drink containing more than two percent by weight of absolute alcohol, but does not include enguli or native liquor;

   (n)   "meal" means food served for consumption for which a price of not less than two shillings per person is paid or to be paid and which is not served or displayed on a bar counter ordinarily used for the sale or service of intoxicating liquor;

   (o)   "municipality" and "town" have the same meanings as in the Local Governments Act;

   (p)   "native liquor" means those intoxicating drinks which are prepared or manufactured in accordance with native custom otherwise than by distillation and are known as omwenge, pombe, kangara, muna, marissa, amarwa, kwete, duma and nule, or any other intoxicating drink so prepared or manufactured;

   (q)   "permitted hours" means the period during which a licensee is authorised by his or her licence to sell intoxicating liquor;

   (r)   "person" includes a corporate, but not an unincorporated body;

   (s)   "personal representative" has the same meaning as in the Law Reform (Miscellaneous Provisions) Act;

   (t)   "premises" in relation to a ship and train licence, a travelling wholesale liquor licence or a spirituous liquor licence issued in conjunction with either of such licences means the ship, train or vehicle, in respect of which the licence is issued or applied for;

   (u)   "quarter" means any period of three months ending on the last day of March, June, September or December;

   (v)   "refined spirits" means potable spirits, blended from a specially prepared alcoholic concentrate and pure neutral spirit produced from enguli; the resultant blend, after a suitable period of maturing being reduced or letdown with treated water to drinking strength for bottling and which is manufactured by the exclusive licensee and marketed under the trademark of "Uganda Waragi" or any other trademark approved by the Minister by statutory order;

   (w)   "rural area" means any part of Uganda which is not in a municipality, town or trading centre;

   (x)   "sale by retail" means in the case of beer, cider, perry and native liquor a sale of less than four gallons, and in any other case of less than two gallons;

   (y)   "sale by wholesale" means any sale other than a sale by retail;

   (z)   "sell" and its grammatical variants and cognate expressions include barter, offer for sale and expose for sale and their grammatical variants and cognate expressions;

   (aa)   "spirits" and "spirituous liquor" mean any spirits (including refined spirits but not including enguli) fit for human consumption or any drink containing such spirits; and "nonspirituous liquor" means liquor which does not consist of or contain such spirits;

   (bb)   "trading centre" means an area declared to be a trading centre under the Trade Licensing Act;

   (cc)   "year" means a period of 12 months beginning on the 1st"> January and ending on the 31st"> December.

PART II
LICENSING.

2.   Unlicensed sale of liquor, etc. prohibited.

   (1) Subject to this Act, no person shall—

   (a)   sell liquor anywhere in Uganda; or

   (b)   manufacture or sell native liquor in a municipality, town or trading centre,

unless he or she is licensed to do so by a licensing authority under this Act.

   (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 10,000 shillings or to imprisonment for a period not exceeding 12 months or to both such fine and imprisonment.

3.   Licensing authorities.

   (1) The authorities mentioned in the First Schedule to this Act shall, to the extent specified in it, be licensing authorities for the purposes of this Act.

   (2) Subject to this Act, a licensing authority may appoint such boards and persons (to be known as licensing boards and licensing officers respectively) as it thinks fit for the purpose of exercising the powers and performing the duties conferred and imposed upon the licensing authority under this Act, and any such appointment may relate to the whole area in which the licensing authority has jurisdiction or to a specified part of it and to all licences or to licences of a specified kind.

   (3) The Minister may, where he or she is satisfied that it is necessary for the proper administration of this Act—

   (a)   direct a licensing authority to appoint or terminate the appointment of a licensing board or licensing officer; and

   (b)   where a licensing authority fails to make or terminate an appointment which it has been directed to make or terminate under this subsection, himself or herself make or terminate the appointment.

   (4) The Second Schedule to this Act shall have effect in relation to any licensing board or licensing officer appointed under this section.

4.   Issue of licence, etc.

   (1) Subject to this Act, a licensing authority may on application and on payment of the prescribed fee issue to any person qualified to hold the licence any of the licences specified in the Third Schedule to this Act, and that Schedule shall have effect in relation to the respective kinds of licence so specified.

   (2) Every application for a licence shall be in the prescribed form and contain the prescribed particulars or, if no appropriate form or particulars have been prescribed, shall be in the form and contain the particulars the licensing authority thinks appropriate.

   (3) A licence shall not be transferable from the licensee to any other person except in accordance with this Act.

   (4) A licensing authority may refuse to issue a licence under this section or may issue such licence subject to such conditions, not inconsistent with this Act, as it thinks fit to impose.

   (5) Where a licensing authority refuses to issue a licence under this section, it shall, if requested to do so by the applicant, inform the applicant of its reasons for the refusal.

5.   Licensed premises.

   (1) Every licence shall specify the premises in respect of which it is in force and shall, subject to any conditions which may be imposed under subsection (2), authorise the sale of liquor or the manufacture or sale of native liquor, as the case may be, only on those premises.

   (2) A licensing authority may impose on a licence for the sale of intoxicating liquor a condition that the intoxicating liquor may be sold or sold and consumed only on a specified part of the licensed premises, and any licence on which such a condition is imposed shall authorise the sale or sale and consumption only on the part so specified.

6.   Transfer of licence.

   (1) Subject to this Act, a licensing authority may on application and on payment of the prescribed fee transfer a licence for the remainder of its period of validity from the person specified in it as licensee or from any premises specified in it as licensed premises to some other person or premises.

   (2) Every application made under this section shall be in the prescribed form and contain the prescribed particulars or, if no appropriate form or particulars have been prescribed, shall be in such form and contain such particulars as the licensing authority thinks appropriate.

   (3) Where a licensing authority transfers a licence under this section, it shall, on surrender of the existing licence and on payment of the prescribed fee, make an appropriate endorsement on it.

   (4) A licensing authority may refuse to transfer a licence under this section or may transfer it subject to such conditions, not inconsistent with this Act, as it thinks fit to impose.

   (5) Where a licensing authority refuses to transfer a licence under this section it shall, if requested to do so by the applicant for the transfer, inform him or her of its reasons for the refusal.

7.   Provisional licence.

   (1) Subject to this Act, a licensing authority may on application and on payment of the prescribed fee issue a licence provisionally to any person in respect of premises about to be constructed, or in the course of construction, for the purpose of being used for the sale of intoxicating liquor for consumption on the premises or for the manufacture of native liquor.

   (2) Every application made under this section shall—

   (a)   be in the prescribed form and contain the prescribed particulars or, if no appropriate form or particulars have been prescribed, be in such form and contain such particulars as the licensing authority thinks appropriate; and

   (b)   be accompanied by a plan of the proposed licensed premises.

   (3) Notwithstanding any other provision of this Act, a licence issued under this section shall not come into force until the licensing authority endorses on it a certificate that the proposed licensed premises have been completed and that the licence is in force.

   (4) A licensing authority may refuse to issue or endorse a licence under this section or may issue or endorse such licence subject to such conditions, not inconsistent with this Act, as it thinks fit to impose.

   (5) Where a licensing authority refuses to issue or endorse a licence under this section, it shall, if requested to do so by the applicant for the issue or endorsement, inform the applicant of its reasons for the refusal.

8.   Duplicate licence.

   (1) Where it is satisfied that a licence is lost or destroyed, a licensing authority shall on payment of the prescribed fee, issue a duplicate of the licence to the licensee.

   (2) Where a licensee who has obtained a duplicate licence under this section recovers the original licence, he or she shall surrender the duplicate to the licensing authority, and if the licensee fails to do so he or she commits an offence and is liable on conviction to a fine not exceeding 200 shillings.

9.   Restrictions on issue of licence.

   (1) Where a licensing authority is an administration, it shall not issue or transfer a spirituous liquor licence to any person without the consent of the district commissioner.

   (2) Except with the consent of the Minister, a licensing authority shall not issue or transfer a licence to any person if it is satisfied that the person—

   (a)   is under the age of 21 years; or

   (b)   has been the holder of a licence which has within the immediately preceding two years been cancelled under this Act.

   (3) A licence issued or transferred

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