Hotels (Licensing and Control) Act 1969

Complex of premises

3 (1) The Minister may by notice served on the operator of any complex of premises declare that the premises therein specified and the grounds appurtenant thereto are operated as a single business venture as a hotel and, in that event, that complex of premises shall, for the pur poses of this Act and the Regulations be deemed to be one hotel.

(2) The Minister may revoke any notice served by the Minister under subsection (1) at any time.

(3) Any notice served by the Minister under subsection (1) shall continue in force until revoked by the Minister.

(4) Without prejudice to any other provision of law, any deci sion or other function of the Minister under this Act or the Regulations and any licence, variation, transfer, exemption, suspension, endorse ment, revocation, notice or other document made, granted or issued un der this Act or the Regulations may be signified or issued under the hand of the Director.

Exempt hotels

4 (1) Where the Minister is satisfied —

(a) that any premises operated as a hotel accommodate only guests who are normally resident in Bermuda and no others; or

(b) that any premises operated as a club provide accommo dation for members or guests only for purposes inci dental to the operation of a bona fide club and that the provision of accommodation for payment is not one of the objects for which the club is formed,

he may issue a certificate exempting those premises from this Act for so long as those premises are so operated.

(2) If the Minister is satisfied that any premises in respect of which a certificate of exemption has been issued under subsection (1) cease or, at any time has ceased, to qualify for exemption pursuant to that subsection, or if the operator makes application therefor, the Min ister may by notice served on the operator revoke such certificate from such date as may be specified in such notice:

Provided that the Minister shall not except on the application of the operator revoke any such certificate without first giving to the oper ator of the premises concerned reasonable notice of his intention to re voke the certificate and shall take into account any representations made by him or on his behalf.

Who may apply for grant, transfer or variation of licence

5 An application to the Minister for the grant, transfer or variation of a licence shall be made by or on behalf of the operator or the proposed transferee, as the case may be.

Transfer of licence

6 (1) Where an operator to whom a licence has been granted has died or divested himself of his interest in the business of the hotel in re spect of which that licence was granted, the Minister may, upon the ap plication of a person claiming to be the succeeding operator of that hotel, transfer that licence to that person:

Provided that before transferring any licence under this subsec tion the Minister shall, where practicable, give reasonable notice to the operator, to whom the licence was granted or, as the case may be, to his executors or administrators, of any application made to him under this subsection and shall take into account any representation made by or on behalf of any persons to whom such notice has been given.

(2) The Minister may at any time upon application by an oper ator or of his own motion vary any of the terms of a licence required to be specified therein in accordance with paragraphs (d), (e), (f) and (g) of sec tion 11:

Provided that the Minister shall not of his own motion vary any term of a licence without first giving to the operator to whom that licence has been granted reasonable notice of his intention to effect such a vari ation and shall take into account any representations made by him or on his behalf.

(3) Any transfer of or variation of the terms of a licence made by the Minister under the foregoing subsections shall be endorsed on the licence by the Director together with the date when it was made by the Minister and the date when it is to take effect.

Inspection and report

7 Before granting or varying the terms of a licence the Minister may defer consideration of any such application until the Chief Medical Officer, the Director of Planning and the Chief Fire Officer, or such one or more of them as, having regard to the nature of the application, he may deem appropriate, have caused the hotel in respect of which appli cation is made to be inspected and have furnished the Minister with a report of such inspection in relation to such particulars as the Minister
may specify.

Grant of licence

8 (1) The Minister shall not grant an application for a licence or the transfer of a licence unless he is satisfied—

(a) that the applicant and the person responsible for the management of the hotel are fit and proper persons to operate and manage the hotel;

(b) that the hotel has been inspected under section 7 and that it complies with the Regulations or, in the event that it fails to so comply, an exemption can properly be granted under section 16;

(2) The Minister may grant a licence subject to such conditions as he sees fit including, but not limited to, a condition that the operator complies with the code of business conduct prescribed under section 15.

Licence fee

9 Upon the Minister deciding to grant a licence and before such li cence is issued there shall be paid into the Consolidated Fund in respect of such licence such fee as may be prescribed under the Government Fees Act 1965 [title 15 item 18].

Duration of licence

10 A licence shall come into force on the date specified therein and shall continue in force until the expiration of one year from that date or such shorter period as may be specified therein.

Form of licence

11 A licence granted under this Act shall be in such form as the Minister may determine and shall specify —

(a) the name of the operator;

(b) the person responsible for the management of the hotel business;

(d) the maximum number of guests who may at any one time be provided with sleeping accommodation in the hotel or in any room thereof;

(e) the rooms to be reserved as public rooms for the general use of guests;

(f) the date upon which the licence is to come into force;

(g) the date upon which the licence is to expire;

(h) the date upon which the licence was granted; and

(i) any conditions attached to the licence under section 8(2).

Suspension of licence; revocation

12 (1) Without prejudice to any of the foregoing provisions of this Act, where the Minister is satisfied that in relation to any hotel any pro vision of law or, as the case may be, condition of the licence is being contravened —

(a) the Minister may serve upon the operator of that hotel a notice specifying the provision of law or, as the case may be, condition of the licence that is being contravened and requiring the operator to comply or ensure compli ance therewith to the satisfaction of the Minister within such reasonable period as the Minister may specify in such notice and, if at the expiry of such period such per son has failed so to comply or ensure compliance there with to the satisfaction of the Minister, the Minister may suspend the licence; or

(b) if the Minister is satisfied that such contravention is en dangering the health or safety of any of the persons in or likely to use that hotel, the Minister may forthwith sus pend or vary the licence granted in respect thereof until such time as he is satisfied that such provision of law or, as the case may be, condition of the licence is no longer being contravened.

(2) A licence which has been suspended by the Minister shall, during the period of such suspension, be deemed to be no longer in force.

(3) The Minister shall forthwith serve on the operator of the hotel notice of suspension of a licence effected pursuant to this section.

(4) The Minister may revoke a licence when satisfied that the premises to which it relates are no longer operated as a hotel.

(5) Where a licence is revoked or suspended under this section the operator shall, if the Director serves a notice upon him requiring him to surrender his licence, within seven days of the service of such notice surrender the licence to the Director.

(6) Where the operator fails to comply with a notice under sub section (5) he commits an offence against this Act:

Punishment on summary conviction: a fine of $1,500.

Entry on premises

13 (1) It shall be lawful for a magistrate if he has reason to believe that premises not licensed as a hotel or not exempted from being li censed as a hotel are being operated as a hotel or part of a hotel to issue a warrant to any police officer authorizing him with or without assis tance, to enter into and inspect such premises.

(2) (a) Without prejudice to any other provision of law it shall, subject to paragraph (b), be lawful for any duly autho rized officer of the Department, the Department of Health, the Department of Planning or an officer of the Fire Services Department or a member of the fire brigade maintained by the Corporation of St. George's or any po lice officer to enter into and inspect any premises li censed as a hotel or exempted from being licensed as a hotel without a warrant;

(b) Before any inspection is carried out under the authority of paragraph (a) the operator of the premises which it is intended to inspect, or some responsible employee of the operator shall be given such notice of the intention to carry out the inspection as is, in the circumstances of the case and having regard to the objects of the inspec tion, reasonable and shall be given an opportunity to be present or have some person selected by him present at such inspection.

(3) If any person authorized under subsection (2) is of the opinion that a contravention of any provision of law is being committed in a hotel and that such contravention is of such a nature that there is a likelihood of danger therefrom to the safety or health of persons therein if it is not promptly rectified, then that person may give such directions to the person for the time being in charge of the hotel as will, in his opin ion, prevent or minimize such danger, and may require such persons or classes of persons as he may specify to vacate the hotel or such part of the hotel as he may specify until such danger is in his opinion prevented or minimized and may if such directions or requirements are not carried out call to his assistance such persons as he may think fit for the pur pose of enforcing compliance therewith or carrying out such works of an emergency nature as he may think necessary.

(4) Any person giving directions or making requirements under the authority of paragraph (3) shall forthwith report the action he has taken to the Director.

(5) In subsection (3) the expression "contravention of any pro vision of law" shall be deemed to include, a failure to observe a Regula tion in respect of the compliance with which an exemption has been granted under section 4(1) or of section 16(1).

Minister may make regulations

14 (1) The Minister may make Regulations for the operation and maintenance of hotels in a safe, hygienic and sanitary manner and con dition, for the amenities to be provided and maintained and generally for the maintenance of standards in the operation of hotels for the protec tion and promotion of the tourist industry and in particular, but without prejudice to the generality of the foregoing —

(a) regulating the number of persons who may be accom modated as guests in a hotel and in any room thereof;

(b) prescribing standards of equipment for the sanitation of hotels, standards for the preparation and serving of food and drink in hotels and standards for the ventilation of hotels;

(c) for the medical examination of hotel employees, for re stricting and controlling the employment in hotels of persons suffering from disease or infection or who have been in contact with persons suffering from disease or infection and for prescribing standards of personal cleanliness to be observed by hotel employees;

(d) prescribing standards for the maintenance of the exteri ors and interiors of hotels and the roads, pathways and grounds thereof;

(e) prescribing the precautions to be taken against the out-

break or spread of fire in hotels and for the protection of persons therefrom;

(f) prescribing the furnishings and fixtures to be provided in bedrooms and other rooms provided for the use of guests, and the standards to be maintained in connec tion therewith;

(g) prescribing the manner in which any application may be made to the Minister;

(h) for the keeping of registers and log-books by operators in relation to the operation of hotels;

(i) for the making of reports to the Minister, the Depart ment of Health, the Department of Planning and the Chief Fire Officer upon any matters connected with the observance of the Regulations;

(j) requiring that the licence, the Regulations, or any part or extract therefrom, shall be displayed in any pre scribed place;

(k) providing for the proof of any matter in proceedings un der this Act or the Regulations.

(2) Regulations may provide for the imposition of a fine not ex ceeding five hundred dollars for any contravention of the Regulations.

(3) The affirmative resolution procedure shall apply to regula tions made under this section.

(4) Regulations shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified therein.

(5) [omitted] [spent]

Minister may prescribe code of business conduct

15 (1) Without prejudice to section 14, the Minister may make Regulations prescribing a code of business conduct to be observed by operators which may, inter alia, regulate the following matters —

(a) commissions payable to wholesale and retail travel agents;

(b) advertising;

(d) group bookings;

(e) delinquent accounts;

(f) other dealings (of whatever kind) with persons or bodies, whether in Bermuda or elsewhere, engaged in the busi ness of arranging visits by travellers to Bermuda, being dealings affecting or capable of affecting the reputation of the hotel business or of tourism in Bermuda.

(2) Section 14(2), (3) and (4) shall apply to Regulations made under this section as they apply to Regulations made under section 14(1).

Minister may grant exemption from compliance with regulations

16 (1) The Minister, at any time, if he sees fit may exempt the holder of a licence from complying, in whole or in part, with any one or more of the Regulations.

(2) Before granting any such exemption as is mentioned in subsection (1) the Minister may consult with the Director of Planning, the Chief Medical Officer and the Chief Fire Officer or such one or more of them as, having regard to the nature of the proposed exemption, he may deem appropriate.

(3) Any such exemption as is mentioned in subsection (1) may be granted for such period as the Minister may think fit and the Minister may extend such period from time to time as he sees fit.

(4) No exemption granted under this section shall have any ef fect unless particulars thereof have been endorsed on the licence.

(5) Any exemption granted under subsection (1) may be re voked in whole or in part, at any time, by the Minister and such revoca tion shall be endorsed on the licence:

Provided that before effecting any such revocation, the Minister shall give to the operator reasonable notice of his intention to revoke the exemption and shall take into account any representations made by or on behalf of the operator.

Hotel Licensing Appeal Tribunal

17 (1) For the purposes of this Act there shall be a Tribunal to be called the Hotel Licensing Appeal Tribunal which shall consist of a Chairman and two other members selected by the Chairman from a panel of members.

(2) The Chairman of the Tribunal shall be a person appointed for the purpose by the Governor and shall hold office during the Gover nor's pleasure.

(3) The panel of members of the Tribunal shall be not less than 5 and not more than 9 persons appointed by the Governor and shall hold office during the Governor's pleasure.

(4) Fees shall be paid to members of the Tribunal in accor dance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

(5) In the exercise of his powers under this section, the Gover nor shall act on the advice of the Premier.

Appeal to Tribunal

18 (1) Any person aggrieved by any act, decision or order of the Minister in the exercise or purported exercise of any power or authority conferred on him by or under the Act or the Regulations may appeal to the Tribunal on the grounds that such act or decision is not sanctioned by law or is unreasonable.

(2) Upon hearing any appeal under this Act the Tribunal may make such order, including an order for costs, as it thinks just.

Hearing of appeals

19 (1) Appeals shall be heard by the Tribunal in a summary man ner and the Tribunal shall have all the powers of a court of summary ju risdiction in relation to the summoning of witnesses and their examina tion on oath.

(2) In the determination of any appeal the decision of the ma jority of the members shall prevail.

(3) The proceedings of the Tribunal when sitting to determine any appeal shall be open to the public.

(4) The Chief Justice shall make rules governing appeals to the Tribunal and the hearing thereof and all matters incidental thereto, in cluding the fees to be paid and the forms to be used; and, subject to any such rules, the Tribunal may regulate its own proceedings.

(5) Section 6 of the Statutory Instruments Act 1977 [title 1 item 3] shall not apply to rules made under subsection (4) other than those relating to fees to which rules the affirmative resolution procedure shall apply.

Operating hotel without a licence; offence

20 Any person who operates any premises as a hotel or part of a hotel when there is not in force a licence granted to him by the Minister to operate such premises as a hotel or part of a hotel commits an offence against this Act:

Punishment on summary conviction: a fine of $1,500 for each day during which he has so operated such premises;

Punishment on conviction on indictment: a fine of $3,000 for each day during which he has so operated such premises

Irregular operation of licensed hotel; offence

21 Any person to whom a licence has been granted under this Act who operates the hotel in respect of which that licence has been granted otherwise than in accordance with the terms and conditions of such li cence commits an offence against this Act:

Punishment on summary conviction: a fine of $1,500 for each day during which such offence continues.

Offences by bodies corporate

22 Where an offence against section 12, 20 or 21 by a body corpo rate is committed with the consent or connivance of, or is attributable to any wilful neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.

Obstruction of officers; offence

23 Any person who obstructs any officer of the Department, the De partment of Health, the Department of Planning or an officer of the Fire Services Department or a member of the fire brigade maintained by the Corporation of St. George's in the exercise of any power conferred on him or the performance of any duty imposed upon him by this Act or the Regulations commits an offence against this Act:

Punishment on summary conviction: imprisonment for 3 months or a fine of $720 or both such imprisonment and fine.

Consent of Attorney-General

24 Proceedings in respect of an offence against this Act or any Reg ulations shall not, without the written consent of the Attorney-General, be instituted by any person other than the Attorney-General.

Bermuda Consolidated Legislation

Hotels (Licensing and Control) Act 1969