GRANT, RENEWAL AND CANCELLATION OF LICENCES FOR THE SALE OF NON-INTOXICANTS REGULATIONS

GRANT, RENEWAL AND CANCELLATION OF

LICENCES FOR THE SALE OF NON-INTOXICANTS

SUBSIDIARY LEGISLATION 10.13

GRANT, RENEWAL AND CANCELLATION OF

LICENCES FOR THE SALE OF NON-INTOXICANTS

REGULATIONS

10th December, 1935

GOVERNMENT NOTICE 490 of 1935, as amended by Government

Notices: 71 of 1943, 165 of 1944 and 829 of 1949; and Act XIV of 1969.

Incorporating also GOVERNMENT NOTICE 110 of 1921.

The title of these Regulations is Grant, Renewal and

Cancellation of Licences for the Sale of Non-intoxicants

Regulations.

For the purposes of these Regulations, "shops for the sale

of non-intoxicants" mean coffee-shops, tea-rooms, restaurants,

eating houses of every description, and shops for the sale of aerated

waters.

Applications for licences for the sale of non-intoxicants

shall be addressed to the Commissioner of Police.

A licence for the sale of non-intoxicants may be granted by

the Commissioner of Police to any person who is of age, provided

that -

(a) the application is not, in the opinion of the

Commissioner of Police, open to objection on any of

the following grounds

(i)

the character of the applicant, or of his wife or

her husband;

(ii) the proximity of the premises in respect of which

a licence is applied for, to be calculated in the

manner to be prescribed by the Commissioner of

Police, to other shops licensed for the sale of

wine, beer or spirituous liquors or non-

intoxicants;

(iii) the sufficiency of shops, holding similar

licences, to meet the requirements of the public

in the neighbourhood;

(iv) the connection of such premises with a dwelling-

house;

(b) no objection is raised by the Department of Health on

sanitary grounds.

Licences granted as above shall be renewed on the 1st

January of each year, provided that -

(a) the renewal is not, in the opinion of the Commissioner

of Police, open to objection on any of the following

grounds

(i)

the non-observance on the licensed premises of

any of these Regulations;

GRANT, RENEWAL AND CANCELLATION OF

LICENCES FOR THE SALE OF NON-INTOXICANTS

(ii)

the conviction of the licensee on any of the

contraventions referred to in article 193 of the

Code of Police Laws or in articles 3, 9, 10 and

128 of the Food, Drugs and Drinking Water

Ordinance * , or of any crime;

(iii) the character of the licensee, or of his wife or her

husband, during the past twelve months;

(iv) the surrender of the premises for which the

licence was granted;

(v) the fact that the premises have been generally

ill-conducted;

(b) no objection is raised by the Department of Health on

the ground of neglect of sanitary conditions and

precautions.

No wine beer or spirituous liquors shall be sold, consumed

or kept, and no cigarettes shall be sold or kept on the premises

without a licence.

For the purpose of this regulation, the expression

"cigarettes" includes cigars, tobacco and smoking requisites.

Licences granted under these Regulations shall be personal

and shall not be transferred except with the permission of the

Commissioner of Police.

No application for a personal transfer of a licence shall be

considered pending a criminal investigation against the licensee.

The Commissioner of Police shall have the power to

cancel, at any time in the course of the year, licences granted under

these Regulations -

(a) if, in his opinion, the premises are ill-conducted;

(b) in the case of non-observance of these Regulations; or

(c) if the licensee is convicted of a crime.

When a licence is cancelled in terms of regulations 5 and 9

of these Regulations, the premises shall not be used again as a shop

for the sale of non-intoxicants before the lapse of twelve months

from the date of the cancellation of the licence.

Shops licensed under these Regulations shall not open

before 4a.m. and shall close at 11p.m.

The Commissioner of Police may grant licences for the

opening of shops, licensed under these Regulations, before 4a.m.

and, or, alternatively for the closing of these shops after 11p.m. if,

in his opinion, this is necessary or useful for the convenience of

special classes of the public following particular trades or callings,

or on special occasion or occasions, or for any reasonable cause.

*Repealed by Act XL of 1972 (Cap. 231).

GRANT, RENEWAL AND CANCELLATION OF

LICENCES FOR THE SALE OF NON-INTOXICANTS

It shall be lawful for the Commissioner of Police to order

the closing, between sunset or any other later hour and 8.00a.m or

any earlier hour, of any shop licensed under these Regulations, if he

has good reason to believe that the shop is used for the unlicensed

sale of intoxicants or for other objectionable purposes; and he can

also revoke such order.

The Shops for the Sale of Wine, Beer or Spirituous Liquors

(Licences, Good Order and Public Decorum) Regulations shall

apply to shops licensed for the sale of non-intoxicants.