ALCOHOLIC BEVERAGES REGULATIONS

ALCOHOLIC BEVERAGES

SUBSIDIARY LEGISLATION 41.02

ALCOHOLIC BEVERAGES REGULATIONS

18th November, 1974

LEGAL NOTICE 115 of 1974, as amended by: Legal Notices 36 of 1977

and 17 of 1996; Act XIII of 1983; Legal Notice 407 of 2007; and Act XIII

of 2015.

The title of these regulations is the Alcoholic Beverages

Regulations.

(Regulation 2)

ALCOHOLIC BEVERAGES

Serial Signature Remarks

FOR OFFICIAL USE ONLY

Official

C & E

Bands or Nos.

Devices

Breakages sealing

No. of

Type of Quantity of Capacity Alcoholic Wastages

or

Customs Entry payment of Official Beverages Bottles of Bottles Strength

PRODUCTION

STOCK REGISTER

use

For

Date of

Duty

ACQUISITION OF ALCOHOL OR ITS DERIVATIVES

Excise Certificate

or Customs &

No. of

Date From Type and Alcoholic Amount of

Duty

L

whom quantity Strength

(Ltrs)

(1)

In these regulations, unless the context otherwise

requires -

"alcohol" includes any spirit, whether or not bottled, which is

intended for the manufacture, or blending or preparation of

alcoholic beverages;

"bottle" means any container of a capacity not exceeding 1 litre,

and "bottled" shall be construed accordingly;

"alcoholic beverage" means any beverage of an alcoholic

strength exceeding 3.5º proof, whether produced and bottled or

solely bottled in Malta, but does not include wine or beer.

(2) Words and phrases used in these Regulations and not

otherwise defined shall have the same meaning as is assigned to

them in the Spirits Ordinance.

(1) No person may manufacture, blend or prepare for sale

any alcoholic beverage unless he is in possession of a licence

issued by the Comptroller.

(2) Any such licence shall be non-transferable and shall apply

only to the premises therein specified.

(3) Any licence issued under this regulation shall be valid up to

the 31st day of December of the year during which it is issued, and

a fee of twelve euro and ninety cents (€12.90) shall be charged for

the issue of any such licence or for the renewal thereof.

(4) No person in possession of any such licence shall sell,

transfer or otherwise dispose of any alcoholic beverage produced

by him otherwise than in bottles and in accordance with the

provisions of these Regulations.

(1) The Comptroller may refuse the issue or renewal of a

licence to any person.

(2) The Comptroller may, at any time, cancel the licence where

the licensee does not manufacture, blend or prepare for sale any

alcoholic beverage for two consecutive years.

ALCOHOLIC BEVERAGES

Any person who prepares, blends or manufactures any

alcoholic beverage without the licence required under regulation 3

shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) not exceeding one thousand and one hundred and

sixty-four euros and sixty-nine cents (1,164.69) or to imprisonment

for a term of not more than three months, or to both such fine and

imprisonment.

(1) Any person to whom a licence has been granted under

regulation 3 to manufacture, blend or prepare alcoholic beverages

shall keep a register, in the form set out in the Schedule to these

Regulations, in which shall be entered, immediately after any

quantity of alcohol is received in his warehouse -

(a) the name and address of the person from whom the

alcohol has been acquired, the date of acquisition, the

type and quantity acquired and the alcoholic strength

as well as the reference number of the certificate

issued in accordance with regulation 7;

(b) the type and quantity of alcoholic beverages produced

and bottled, the number of bottles, their capacity, the

respective alcoholic strength of the beverages and the

wastage resulting from bottling operations; and

(c) where the alcohol has been imported directly by the

licensee concerned, the quantity imported, the

alcoholic strength, the amount of duty paid, the

number of the Customs entry form and the date of

payment of the relative duty.

(2) No alcoholic beverage, whether imported or locally

produced, which is bottled shall be used in the re-manufacture,

blending or preparation of alcoholic beverages without the written

authorisation of the Comptroller under such conditions as he may

impose and unless such alcoholic beverage is first examined by the

Comptroller.

(3) Any person who fails to comply with the provisions of sub-

regulation (1) of this regulation shall be guilty of an offence and

shall be liable, on conviction, to a fine (multa) not exceeding two

hundred and thirty-two euros and ninety-four cents (232.94).

No transfer of alcohol from one blender or an importer to

another blender shall be carried out unless such transfer is first

authorised by a certificate issued by the Comptroller.

(1) Any person to whom a licence has been granted under

regulation 3 shall affix a label to every bottle of alcoholic beverage

produced by him showing the trade mark or trade name and the

type of the beverage, its alcoholic strength, its capacity and his

name and full address.

(2) Where more than one label is affixed on any bottle, the

details required under sub-regulation (1) of this regulation shall be

shown on the main label.

(1) The pages of the register kept in accordance with

regulation 6 shall be numbered consecutively and the register shall

ALCOHOLIC BEVERAGES

not be used unless it is first approved, stamped and signed by the

Comptroller.

(2) Such register shall be kept in the premises specified in the

licence and shall be shown on demand to the Comptroller, and it

shall not be destroyed or otherwise disposed of without the

previous authorisation in writing of the Comptroller.

No person may sell from any premises in respect of which

there is in force a licence to manufacture, blend or prepare

alcoholic beverages any such beverage for consumption within the

said premises.

No entry made in the register prescribed under regulation 6

which requires correction shall be erased or obliterated but it shall

be corrected in such a way as to leave it clearly legible.

(1) There shall be affixed across the cap of every bottle of

alcoholic beverage bottled in Malta a band of paper in such a

manner as to ensure that such band is broken when the bottle is

opened.

(2)

Such band -

(a) shall be white in colour and shall bear the words

"Blended in Malta from imported spirits" when the

beverage is produced from a blend of imported spirits

to which no other ingredient other than distilled water

or colouring matter or both is added;

(b) shall be white in colour and shall bear the words

"Produced in Malta" when the beverage is produced

locally or consists of a blend containing other

ingredients over and above those listed in paragraph

(a) of this sub-regulation;

(c) shall be of any colour other than white and shall bear

the words "Imported in bulk and bottled in Malta"

when the beverage is imported in bulk and no

ingredient other than distilled water or colouring

matter or both is added.

(3) Such bands shall be consecutively numbered and shall be

obtainable at cost from the Comptroller upon the written request by

the person licensed as provided under regulation 3, who shall

indicate the type and quantity of bands required.

(4) The affixing of the bands shall take place in the presence of

the Comptroller to whom adequate notice in advance shall be

given.

(5) The Comptroller shall enter in the register kept under

regulation 6 the quantity and the serial number of the bands or

other sealing devices used on each occasion.

(6) The Comptroller may, on good cause being shown, permit

the sealing of bottles otherwise than by the use of a paper band

under such conditions as he may deem fit to impose, or dispense

with such sealing when other forms of control are deemed by him

to be satisfactory in the circumstances.

(7)

It shall not be lawful for any person to be in possession of,

ALCOHOLIC BEVERAGES

or to acquire in any way whatsoever or to re-use any unbroken

bands or other sealing devices, whether used or unused, except as

provided in these Regulations.

(8) No bands or other sealing devices affixed to bottles

containing any alcoholic beverages as provided under these

Regulations may be removed, before the bottle is opened for

consumption or re-used for the sealing of bottles containing

alcoholic beverages.

The Comptroller may, at any time, take samples of

alcoholic beverages for analysis by the customs analyst who shall

certify the alcoholic strength, and for submission to the

Superintendent of Public Health who shall ascertain whether the

said beverages comply with the provisions of the Food Safety Act

or of any regulations made thereunder.

The affixing of a band or other sealing device across the

cap of a bottle containing alcoholic beverage, shall not in any way

exempt the licensee in respect thereof from the obligations,

r e s p o n s i b i l i t i e s o r o t h e r r e q u i r e m e n t s p r e s c r i b e d b y t h e se

Regulations or by any other law.

(1) All attendances by the Comptroller in connection with

t h e a ff i x i n g o f b a n d s o r a n y o t h e r s e a l i n g d e v i c e a n d t h e

withdrawal of samples shall be free of any charge during the

following hours

From the 1st October of any year to the 15th June of the next

following year

Mondays to Fridays

From 7.45 a.m. to 12.30 p.m.

From 1.15 p.m. to 5.15 p.m.

From the 16th June of any year to the 30th September of the

same year

Mondays to Fridays

From 7.30 a.m. to 1.30 p.m.

(2) The licensee shall provide satisfactory transport for the

Comptroller ’s attendance at the licensee’s premises for the

purposes referred to in regulation 12.

(1) It shall not be lawful for any person licensed under

regulation 3 to sell, give, or otherwise dispose of or attempt to sell,

give, or otherwise dispose of any bottle of alcoholic beverages

p r o d u c e d o r bo t t l e d b y h i m u n l e s s s u c h b o t t l e i s s e a l e d i n

accordance with the provisions of regulation 12.

(2) It shall not be lawful for any person not licensed under

regulation 3 to acquire or to be in possession of, or to sell, expose

for sale, give or otherwise dispose of, any unopened bottle of

alcoholic beverages which are produced, blended, or bottled in

Malta unless such bottle had been sealed in accordance with

regulation 12.

The Comptroller may, at any time, upon reasonable

suspicion, enter any factory or other premises belonging to or under

the control of any person in possession of a licence issued under

ALCOHOLIC BEVERAGES

regulation 3 to examine the register which is to be kept under

regulation 6 and any stocks of alcohol or alcoholic beverages.

Where the Comptroller has reasonable cause to suspect that

any alcohol is being transported in contravention of the provision

of regulation 7 or that any alcoholic beverage is being transported

in such a state as to be in contravention of regulation 12, he may

stop the person or persons in charge of, and the vehicle or vehicles

being used for, such transport, and he may detain such person or

persons and such vehicle or vehicles until the alcohol or alcoholic

beverages, as the case may be, is examined.

Any person or persons driving the vehicle or vehicles

referred to in regulation 18 and who -

(a) hinders or obstructs the Comptroller in carrying out

the examination referred to in the said regulation; or

(b) fails to comply with any order given to him by the

Comptroller; or

(c) refuses to give information, or gives false information,

to the Comptroller; or

(d) fails to stop the vehicle or vehicles as ordered by the

Comptroller,

shall be guilty of an offence against these Regulations.

Any person in possession of a licence issued under

regulation 3 and who -

(a) fails to keep a register as required by regulation 6

hereof; or

(b) hinders or obstructs the Comptroller from examining

such register; or

(c) destroys, obliterates, or cancels any part of such

register; or

(d) enters any false particulars in such register; or

(e) irregularly cancels or obliterates any entry in such

register; or

(f)

refuses to give information, or gives false information,

to the Comptroller concerning the purchase or the

stock of any alcohol,

shall be guilty of an offence against these Regulations.

Any person who forges a die, stamp, or mark used by the

Comptroller or who forges a band or other sealing device to be

affix ed to bo ttles of alcoholic beverages or w ho has in his

possession any such forged die, stamp, mark, band or other sealing

device, shall be guilty of an offence against these Regulations.

No person having access to information relating to any

individual business by virtue of the provisions of these Regulations

shall publish or disclose any such information without the written

consent of the licensee, unless such publication is given or such

disclosure is made to another person requiring that information for

the purposes of these Regulations or of a prosecution to be taken

ALCOHOLIC BEVERAGES

thereunder.

Any person who contravenes or fails to comply with any of

the provisions of these regulations shall be guilty of an offence and

shall be liable, on conviction, to a fine (multa) not exceeding one

thousand and one hundred and sixty-four euros and sixty-nine cents

(1,164.69) or to imprisonment for a term of not more than three

months, or to both such fine and imprisonment, unless a specific

penalty is provided by these Regulations in respect of the particular

offence.

The grant of a licence under regulation 3 shall not exempt

from the necessity of obtaining any other licence required by or

under any other law.