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Liquor Act 1975

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

LIQUOR ACT 1975

1975/2 – 13 February 1975

1 Short title

2 Interpretation

3 Liquor Board

4 Manufacture and importation of liquor

5 Minister may import liquor

6 [Spent]

7 Sales of liquor by Government

8 Licences to resell liquor

9 Offences by licensees

10 Offence to sell liquor without authority

11 Offences by persons under 18 years

12 Offence to drink liquor in public thoroughfares

13 Prohibition orders

14 Penalties

15 Commencement of proceedings

16 Powers of constables

17 Regulations

18 [Spent]

SCHEDULE

_____________________________

To provide for the control of the manufacture and sale of liquor in Niue

1 Short title

This is the Liquor Act 1975.

2 Interpretation

(1) In this Act –

"Board" means the Liquor Board;

"Secretary" means the Financial Secretary;

"Commissioner" means a Commissioner of the High Court;

"Director" means the Director of Health;

"liquor" means any spirit, wine, ale, beer, stout, cider or any other fermented distilled or spirituous liquor ordinarily used as a beverage which contains more than 2 parts per cent of proof spirit;

"Minister" means the Minister of Customs, Shipping and Trade;

"police officer" means any constable of any rank acting with the express authority and under the instructions of the Chief Officer of Police.

(2) Where by this Act the Minister is enabled to delegate any of his powers to the Secretary, or to authorise the Secretary to take any action, he may in addition to it or in lieu of it delegate to or authorise any other officer of the Customs Department.

(3) Nothing in this Act shall apply to a minister of religion obtaining and using or giving wine or other liquor in connection with any religious rite or sacrament.

3 Liquor Board

(1) There is hereby established for the purposes of this Act, a Board to be known as the Liquor Board which shall consist of not less than 3 persons nor more than 6 persons to be appointed by Cabinet.

(2) The persons appointed by the Cabinet from the general public shall hold office for a term of 3 years from the date of their appointment and may in like manner be reappointed.

(3) Three members of the Board present at a meeting shall form a quorum.

(4) The Board shall have power to –

(a) Grant or refuse any application for a licence under this Act: Provided that no such application shall be finally considered by the Board until a written report from the Chief of Police has been received and considered by the Board;

(b) Hold such inquiries and advise the Government on matters relating to the control of manufacture, sale and consumption of liquor in Niue;

(c) Prescribe fees to be paid for licences under this Act;

(d) Fix the price payable to licensees for liquor sold by them;

(e) Prescribe opening and closing hours for the sale of liquor by licensees;

(f) To do such things as may be prescribed by regulations under this Act.

(5) There shall be a Secretary of the Board who shall be appointed by the Public Service Commission and who may hold any other office in the Public Service which the Public Service Commission shall consider to be not incompatible with it.

(6) Members of the Board not being members of the Public Service may be paid in respect of each day or part of a day of attendance as members of the Board such sum as Cabinet shall determine, together with any expenses reasonably incurred by them in respect of their attendances at meetings of the Board.

4. Manufacture and importation of liquor

(1) It shall not be lawful for any person to brew or manufacture liquor in Niue except with the prior written authority of the Board to be given on such terms and conditions as it may deem fit to impose and to be consistent with any regulations made under this Act.

(2) Except as provided in section 5 it shall not be lawful for any person to import any liquor into Niue: Provided that it shall be lawful for any person of or over the age of 18 years returning or entering into Niue to bring with him as part of his personal baggage and exempt from customs duty an amount that does not exceed:

(a) (i) 3.5 litres of spirits; or

(ii) 3.5 litres of liquor; or

(iii) 3.5 litres of wine; or

(iv) any combination of (i)-(iii) above provided that the total volume does not exceed 3.5 litres; or

(b) 8.5 litres of beer.

(3) Every person who carries, conveys or conceals any liquor brewed, manufactured or imported in breach of this section or, who has in his possession or control any such liquor, or who is the owner, lessee, or occupier of any premises in or about which any such liquor is found, shall be guilty of an offence, unless in the case of an accused charged with being the owner, lessee, or occupier of premises in which any such liquor is found as aforesaid he satisfies the Court that such liquor was not there with his knowledge or consent.

5 Minister may import liquor

(1) The Minister may, for and on behalf of the Government, and at the cost of the Treasury Operating Account purchase and import into Niue such liquor of such nature as he thinks fit for sale or use under this Act.

(2) The Minister may delegate all or any of his powers under subsection (1) to the Secretary.

(3) The Board may grant a licence to a person to import liquor.

(4) A licence granted under subsection (3) is valid for one year but may be terminated by the Board if the licensee is convicted of an offence under this Act.

6 [Spent]

7 Sales of liquor by Government

(1) The Government may sell liquor to any persons of or over the age of 18 years who have not been prohibited under a prohibition order, at such prices as the Minister shall fix.

(2) Such sales shall be made for cash and from such Government store on such days and between such hours as the Minister shall direct.

(3) No such sale shall be of less liquor than is contained in a bottle or can or other sealed container, and no liquor shall be consumed by any person at any such store.

(4) The Secretary shall keep proper records relating to the importation custody and sale or other disposition of liquor.

8 Licences to resell liquor

(1) (a) It shall be lawful for the Board to grant, on application in the manner set out in the Schedule and upon payment of the appropriate fee a licence to the owners or occupiers of suitable premises authorising the holder of it to sell liquor in the licensed premises at such times and during such hours as shall be stipulated in the licence.

(b) No licence shall be granted under this section without due regard being had to the general policy in relation to it of the Village Council of the village wherein such premises are situated.

(2) A licence issued under this section shall be renewed annually on March 31 and shall be subject to all such terms and conditions imposed in each case as the Board thinks fit and the Board may cancel or vary any such licence.

(3) Any such licence may, at the Board’s discretion, authorise the sale of liquor for consumption on the premises only or for consumption off the premises only, or for consumption either on the premises or off the premises.

9 Offences by licensees

(1) Every licensee who shall sell or expose for sale any liquor at any place or time or in any quantity or manner not authorised by his licence or by this Act shall be guilty of an offence.

(2) Any licensee who sells or supplies or allows to be sold or supplied any liquor to any person under 18 years of age shall be guilty of an offence.

(3) Every licensee commits an offence, who –

(a) Permits drunkenness, violence, quarrelsome behaviour, or disorderly or riotous conduct to take place on his licensed premises or sells any liquor to any drunken person; or

(b) Knowingly permits any disorderly or drunken persons to assemble or remain on his licensed premises; or

(c) Suffers or permits his licenced premises to be used as a gaming house within the meaning of section 176 of the Niue Act 1966.

(4) Every licensee shall be responsible for the acts or omissions of his servants or agents in contravention of this Act, notwithstanding that it shall appear that the offence charged was not committed by such licensee personally but by his servant or agent.

10 Offence to sell liquor without authority

Every person not being licensed under or by virtue of this Act to sell liquor, who sells or offers or exposes or keeps for sale any liquor commits an offence.

11 Offences by persons under 18 years

(1) Every person under the age of 18 years commits an offence, who –

(a) Purchases or consumes or has possession of any liquor on any premises where liquor is sold; or

(b) Has possession of any liquor in any place of resort open to or used by the public.

(2) Every person commits an offence who, not being a licensee or agent or servant of a licensee supplies any liquor to a person under the age of 18 years in any place of resort open to the public.

12 Offence to drink liquor in public thoroughfares

Every person commits an offence who drinks any liquor on any road, street, footpath, alley or any thoroughfare of a public nature, or in any public passenger carrying vehicle or on any village green other than during the course of an official function lawfully held on it.

13 Prohibition orders

(1) Upon the application of any person or any relative of such person or of the Police, and upon proof that such person is of confirmed intemperate habits a Commissioner may make a prohibition order in respect of such person prohibiting him from possessing or consuming any liquor for such period not exceeding 2 years as the Commissioner shall determine.

(2) Every prohibited person who purchases or procures or possesses or consumes liquor during the currency of a prohibition order commits an offence.

(3) Every person commits an offence who knowingly procures any liquor for a prohibited person or assists such person to procure liquor.

(4) A prohibition order may at any time not less than 6 months after the date of the order be rescinded by a Commissioner on being satisfied that the prohibited person has in all respects complied with the prohibition order and appears unlikely to revert to his previous intemperate habits.

(5) Whenever a Commissioner has made a prohibition order under this Act he shall cause notice of it to be given to the Chief Officer of Police, the Secretary, and all licensees holding licences granted under section 8.

14 Penalties

(1) Any person convicted of an offence against this Act or any regulations made under this Act shall, until and unless any other penalty is provided, be liable for a first offence to a fine not exceeding 0.5 penalty units and for a second or any subsequent offence to imprisonment for a term not exceeding 6 months or a fine not exceeding 5 penalty units, or both.

(2) Where any offender against this Act is a licensee, the convicting court may in addition recommend to the Board that his licence be cancelled.

(3) Where a second or subsequent offence involving drunknness is committed by any person the court in addition to any other penalty may make a prohibition order against him.

(4) On the conviction of any person for an offence against this Act, the court, in addition to any other penalty imposed or order made by it, may declare any liquor which has been seized by the Police under section 16 (c) and in respect of which such person is convicted together with the container of such liquor, to be forfeited to the Government, to be sold, destroyed, or otherwise disposed of as the Minister thinks fit.

15 Commencement of proceedings

All proceedings for offences against this Act shall be commenced within a period of 6 months after the commission of the offence charged, and may be instituted and prosecuted in the name or at the instance of the Chief Officer of Police or the Secretary.

16 Powers of constables

Any constable may at any time –

(a) Enter on and inspect any licenced premises or any part of it;

(b) Demand the name address and age of any person in any licensed premises;

(c) On suspecting on reasonable grounds that an offence against this Act has probably been committed at or in any place to enter on such place under the authority of a search warrant to be duly obtained by him, and to seize any liquor the possession of which is not satisfactorily accounted for by any owner or occupant of such place, such liquor to be held in safe custody pending an order being made under section 14 (4) in relation to it.

17 Regulations

(1) The Minister acting on the advice of Cabinet may make all such regulations as shall be necessary or expedient for giving full effect to this Act and for the due administration of it.

(2) Without limiting the general power conferred by subsection (1), it is hereby declared that regulations may be made under this section for all or any of the following purposes –

(a) Prescribing procedures and forms in respect of applications for, grant of and renewal of licensees: Provided that unless and until such regulations shall be made amending the form of application for and grant of a licence the form contained in the Schedule shall be the form for the several matters referred to in the Schedule;

(b) Providing for the keeping of records and accounts for the purposes of this Act;

(c) Prescribing minimum standards with respect to the location size and nature of premises to qualify for the issue of a licence under this Act.

18 [Spent]

___________________________

SCHEDULE
Section 8
Application for Licence to Sell Liquor

To the Secretary, Liquor Board

Application is hereby made for a licence to sell liquor in accordance with the following particulars

1 Name of applicant ........................................................................................................

2 Occupation ...................................................................................................................

3 Address .........................................................................................................................

4 Location of premises where licence is sought ..............................................................

5 Full description of premises (eg club, restaurant, shop, etc) ........................................

..........................................................................................................................................

6 Size and nature of premises ..........................................................................................

7. ......................................................................................................................................

8 Proposed hours of operation (eg opening and closing). Whether split (eg 2pm-5pm,
7pm -10pm, etc. ...............................................................................................................

9 Additional facilities offered to members, patrons or customers (eg coffee, light snack, meals, entertainment, games, dancing, music, toilet).

SIGNED by or on behalf of the applicant

Signature .................................................................
Date .........................................................................

FOR OFFICE USE ONLY

Application No. ....................................... Date Received ...............................................
Previous Application .............................. Granted/Refused ............................................
Date this application presented to Board .........................................................................
This application: Granted/Refused ..................................................................................
Terms on which licence granted: (e.g. hours, etc) ...........................................................
Fee payable