Liquor Licence Act 1974

[29 July 1974]

[preamble and words of enactment omitted]

PART I

PRELIMINARY

Interpretation and construction

1 (1) In this Act, unless the context otherwise requires‑

"beer" includes ale, porter, stout and any other description of beer;

"the chairman" means the chairman of the licensing authorities appointed under section 4;

"club" means a members' club or, as the case may be, a propri etary club;

"dance hall" means a place where persons assemble to dance, other than a house used exclusively as a dwelling to which personal friends are invited by the owner or lawful occupier;

"hotel" means an hotel licensed under the Hotels (Licensing and Control) Act 1969 [title 17 item 2], and includes premises in respect of which a certificate of exemption is issued and in force under section 4 of that Act;

"intoxicating liquor" means spirits, liqueurs, wine, beer, cider, perry, and any other fermented, distilled or spirituous liquor, but does not include medicinal wine;

"licence" means a licence for the sale of intoxicating liquor granted under this Act and includes a permit;

"licensed person" means a person to whom a licence has been granted and is in force;

"licensed premises" means premises in respect of which a licence has been granted and is in force;

"licensing authority" means the persons appointed under section 4 to be the licensing authority for a licensing district and "the licensing authority" means the appropriate licensing author ity for any licensing district;

"licensing district" means one of the licensing districts men tioned in section 3;

"medicinal wine" means wine intended primarily for use as a tonic or in connection with the bona fide treatment of invalid persons, the alcoholic content of which does not exceed 27% proof;

"members' club" means a bona fide members' club, whether or not incorporated, the members of which are not associated with a view to profit;

"mess" means any mess or canteen operated with the approval of the appropriate commanding officer for the use of members of Her Majesty's Forces in Bermuda;

"the Minister" means the Minister responsible for Drug Prevention;

"permitted hours" in relation to any licensed premises, means the permitted hours in accordance with section 29;

"police mess" means any mess operated with the approval of the Governor for the use of the members of the Bermuda Police Service;

"proprietary club" means a club operated on premises which are not licensed as an hotel under the Hotels (Licensing and Control) Act 1969 [title 17 item 2], the expenses of which are borne by a proprietor who receives the subscriptions of the members and in return therefor provides club facilities, in cluding the supply of intoxicating liquor;

"servant" includes a clerk, or any person temporarily or other wise employed, and either with or without wages;

"unlawful game" means any game of chance or of mixed chance and skill for winnings in money or moneys worth�

(a) which involves playing or staking against a bank, whether the bank is held by one of the players or not; or

(b) in which the chances, whether by reason of the nature of the game or the manner in which it is conducted, are not equally favourable to all the players; or

(d) which is played by means of a mechanical slot machine,

but does not include �

(i) a game of chance played with dice by persons on li censed club premises solely for the purpose of de termining which of those persons shall be responsi ble for the purchase of intoxicating liquor for con sumption by persons on the premises at the time the game is played; or

(ii) a lottery which is deemed not to be an unlawful lottery under the Lotteries Act 1944 [title 10 item 10]; or

(iii) bingo or the game known as cinemaraces; or

(iv) the game known as crown and anchor if played on the premises of any licensed club in accordance with the conditions of a permit issued by the Com missioner of Police.

(2) For the purposes of this Act, where intoxicating liquor is, as a result of a previous agreement for sale, appropriated so as to complete that sale by or on behalf of a licensed person holding a Licence (A) or, as the case may be, a Restricted Licence (A) �

(a) in any bonded or other warehouse the property of, or in the occupation or under the control of, such licensed person;

(b) on any wharf or dock or on premises comprising the Bermuda Airport within the meaning of the Civil Airports Act 1949 [title 23 item 1],

the sale shall, if the intoxicating liquor appropriated as aforesaid is deliv ered from the warehouse, wharf, dock or airport for consumption outside Bermuda, be deemed to take place on the licensed premises specified in the Licence (A) or Restricted Licence (A), as the case may be.

(3) For the purposes of this Act the supply of intoxicating liquor in club premises to members of a members' club shall be deemed to con stitute a sale.

[section 1 amended by 1997 : 37 effective by notice in Official Gazette; and by 1998 : 9 effective 15 May 1998]

Restrictions on sale of intoxicating liquor

2 (1) Except as permitted by this Act or under and in accordance with a licence granted thereunder, it shall not be lawful for any person to sell any intoxicating liquor by retail or wholesale in Bermuda,

(2) Any person who contravenes subsection (1) or fails to com ply with any condition subject to which his licence is granted commits an offence:

Punishment on summary conviction; imprisonment for 6 months or a fine of $1,000.

(3) Subsection (1) does not apply in the case of any of the ac tivities specified in the First Schedule.

PART II

THE LICENSING SYSTEM

Licensing districts

3 (1) For the purposes of this Act Bermuda shall be divided into three licensing districts, namely�

(a) the Eastern District, consisting of the parishes of St. George's, Hamilton and Smith's and including the Town of St. George;

(b) the Central District, consisting of the parishes of Pem broke, Devonshire and Paget and including the City of Hamilton;

(2) There shall be a licensing authority for each licensing dis trict.

(3) The licensing authority for the Central District shall be the competent licensing authority in relation to Tour Boat Licences.

[section 3 amended by 1998 : 9 effective 15 May 1998]

Constitution etc. of licensing authorities

4 (1) The Senior Magistrate shall be the chairman of each li censing authority.

(2) The Governor shall appoint a person to be deputy chairman who shall ex officio be a member of the licensing authority for each li censing district.

(3) In the absence of the chairman the deputy chairman shall act as chairman and shall have all the powers conferred on the chairman under this Act.

(4) The Governor shall also appoint as members of the licens ing authority for each licensing district three residents of the district each of whom shall be a resident of a different parish within that district.

(5) The appointment of any person under subsection (4) shall terminate if he ceases to reside in the licensing district in respect of which he is appointed.

(6) Subject to subsection (5), persons appointed under this section shall hold office for a period of three years.

(7) A person shall not be appointed under this section if he is directly or indirectly interested in the sale of intoxicating liquor, and for the purposes of this subsection the owner of licensed premises, or premises in respect of which a licence is applied for shall be deemed to be an interested person, but a member of a licensed club shall not for such purposes thereby be deemed to be an interested person.

(7A) Subsection (7) shall apply in relation to service by a person as chairman or deputy chairman of a licensing authority as it applies in relation to the appointment of a person as a member of such an authority.

(8) In the exercise of his powers under this section the Gover nor shall act on the advice of the Minister.

(9) [omitted] [spent]

[section 4 amended by 1998 : 9 effective 15 May 1998]

Minister may give policy directions

4A The Minister may, after consultation with the chairman, give such general directions as to the policy to be followed by the licensing authority in the performance of its functions as appear to the Minister to be necessary in the public interest; and the licensing authority shall give effect to any such directions.

[section 4A inserted by 1998 : 9 effective 15 May 1998]

Clerk to licensing authorities

5 (1) The chairman may designate a public officer to be clerk to the licensing authorities.

(2) The clerk shall assist the licensing authorities in the per formance of their functions and shall perform such duties as the chair man may assign to him,

Procedure of licensing authorities

6 (1) A member of a licensing authority who has any interest whatsoever in any application to be heard by the licensing authority shall declare such interest and the chairman shall determine whether that member shall take part in the proceedings of the licensing authority on that application.

(2) Three members of the licensing authority shall form a quo rum.

(3) Any question arising at any meeting of the licensing au thority touching the grant or transfer of any licence shall be determined by a majority of the members present, and the chairman shall have a casting vote in addition to his original vote.

(4) Every licence shall be signed by the members of the licens ing authority issuing the licence.

Sittings of licensing authority

7 (1) The licensing authority shall sit to hear applications for the grant or transfer of licences �

(a) at the regular annual session to be held at such place and on such days during the first twenty-one days of April in each year as shall be notified by the licens ing authority in the Gazette at least fourteen days prior to the first of such days;

(b) at any special session to be held at such place and on such days as shall be notified by the licensing authority in the Gazette at least fourteen days prior to the first of such days.

(1A) Where an application is made for a Members' Club Licence, the applicant shall supply to the licensing authority a copy of the club's constitution and byelaws (by whatever named called).

(2) The chairman shall cause a notice to be published in the Gazette containing details of each application for the grant or transfer of a licence which is to be heard at any regular annual session or special session and such notice shall, subject to subsection (3), include the fol lowing particulars:�

(a) the name of the applicant or transferee;

(b) the name of the manager of the business;

(d) the address of the premises in respect of which applica tion will be made; and

(e) the name under which the premises will be operated.

(3) In the case of a members' club licence the notice under subsection (2) shall include the following particulars:�

(a) the name of the club;

(b) the name of the secretary of the club; and

(4) An applicant at any special session or, if there is more than one, each of them in equal proportion, shall, in addition to the fees payable under section 27, pay all expenses of publishing notices for that session.

[section 7 amended by 1998 : 9 effective 15 May 1998]

Discretion in licensing authority to grant, etc., licences

8 (1) Subject to this Act, the licensing authority shall have an absolute discretion with respect to the grant or transfer of any licence.

(2) Where the licensing authority �

(a) refuses to grant or transfer a licence; or

(b) grants or transfers a licence in a case where objection is made by any person to the grant or transfer under sec tion 12,

the licensing authority shall state at the hearing of the application the reasons for its decision and shall include in the record of the proceedings a statement of all the facts relevant to its decision and the reasons for its decision:

Provided that, if the licensing authority refuses to grant or transfer a licence on the ground specified in section 15(1)(a)(i) or (ii), it shall be sufficient for it to state that it does not consider it expedient that the licence should be granted or transferred.

(3) When considering an application for the grant of a licence, the licensing authority shall have due regard to the public welfare and to the suitability of the premises in respect of which the application is made.

Classes of licence

9 (1) Licences under this Act shall be of nine classes, namely �

(a) a Licence (A) for the sale on the premises in respect of which the licence is granted of intoxicating liquor not to be consumed on such premises, or on any premises contiguous thereto in the occupation of the licensed per son;

(b) a Restricted Licence (A) for the sale in any shop occupied by the licence holder of intoxicating liquor in bonded packages for con sumption outside Bermuda;

(c) a Licence (B) for the sale on the premises in respect of which the licence is granted of intoxicating liquor to be consumed on such premises;

(d) an Hotel Licence for the sale on the premises in respect of which the licence is granted of intoxicating liquor to be consumed on such premises;

(e) a Restaurant Licence for the sale on the premises in re spect of which the licence is granted of intoxicating liquor to be consumed on such premises;

(f) a Night Club Licence for the sale on the premises in re spect of which the licence is granted of intoxicating liquor to be consumed on such premises;

(g) a Proprietary Club Licence for the sale on the premises in respect of which the licence is granted to bona fide members of the proprietary club of intoxicating liquor to be consumed on such premises;

(h) a Members' Club Licence for the sale on the premises in respect of which the licence is granted to bona fide members of a members' club, and guests introduced by them, of intoxicating liquor to be consumed on or off such premises;

(i) a Tour Boat Licence for the sale on the boat (being a boat equipped to carry not fewer than ten passengers) in respect of which the licence is granted, of intoxicating liquor to be consumed on the boat.

[Section 9 amended by 1989 : 63 effective 2 January 1990, by 1997 : 24 effective 14 July 1997; and by 1998 : 9 effective 15 May 1998]

(2) A Licence (A) or Restaurant Licence may be limited to the sale of beer and wine only and any such limitation shall be endorsed on the licence.

(3) Licences shall be in the forms prescribed by regulations made under section 54.

(4) Nothing in this Part shall be construed so as to preclude the holder of one class of licence from obtaining concurrently a different class of licence in respect of the same premises.

Persons to whom licences may be granted

10 (1) Where an application for a licence is made by an individual, such licence, if granted, shall be issued to the applicant.

(2) Where an application for a licence is made by an unincorpo rated club such licence, if granted, shall �

(a) in the case of a members' club, be issued to the officers thereof; or

(b) in the case of a proprietary club, be issued to the propri etor thereof,

(3) Where an application for a licence is made by a body corpo rate, such licence shall, if granted, be issued to the body corporate in its corporate name and in the event of any contravention of this Act by a body corporate any penalties imposed under this Act shall be enforceable against the body corporate or against the directors or other officers jointly and severally, or in the case of an incorporated club, against the members of the committee of management thereof jointly and severally.

(4) The following persons shall be disqualified for holding a li cence �

(a) any person who is under the age of twenty-one years;

(b) any person who has been convicted�

(i) of a contravention of section 2(1) of this Act; or

(ii) of a criminal offence, conviction of which involves a finding that the person convicted committed fraud or some other dishonesty; or

(iii) of an offence under section 154 or 155 of the Criminal Code (keeping a brothel or keeping a common gaming house);

Provided that this subsection shall not prevent the grant or transfer of a licence to a club the members or officers of which include persons disqualified under this subsection.

(5) The captain may not be the holder of a Tour Boat Licence unless he is also either the owner or the manager of the boat in question.

[section 10 amended by 1997 : 37 effective by notice in Official Gazette; and by 1998 : 9 effective 15 May 1998]

Application for grant or transfer of licence

11 (1) An applicant for the grant or transfer of a licence, whether the transfer is to another person or to other premises, shall give written notice to the licensing authority and to the Commissioner of Police of his intention to apply therefor and shall state in such notice �

(a) in the case of an application for the grant of a licence, the particulars mentioned in section 7(2) or (3);

(b) in the case of an application for the transfer of a licence, in addition to the particulars required by paragraph (a), the name of the person from whom, or, as the case may be, the location of the premises from which, the licence is to be transferred.

(2) Applications to be heard at the regular annual sessions shall be made during the first fourteen days of March in each year.

(3) Where an application for the grant or transfer of a licence is submitted by the applicant and no objection is made thereto under sec tion 12, the applicant shall not be required to attend at the hearing of the application unless he receives a notice in writing signed by the chairman requiring his attendance.

(4) Where objection is made under section 12, or if the appli cant receives a notice requiring his attendance under subsection (3), then �

(a) if the applicant is an individual, he shall appear in per son before the licensing authority unless the licensing authority in any particular case allows some other per son, authorized in writing in that behalf by the appli cant, to represent the applicant at the hearing;

(b) if the applicant is a firm, unless the licensing authority requires a partner or the partners of the firm to appear before them in person, the firm may be represented at the hearing by a person authorized in writing in that be half by a partner of the firm;

(c) if the applicant is a corporate body other than an incor porated club unless the licensing authority requires a di rector or directors of the corporate body to appear before it in person, the corporate body may be represented at the hearing by any officer of the corporate body autho rized in writing in that behalf by a director of the corpo rate body;

(d) if the applicant is a club, the proprietor or an officer of the club shall appear in person before the licensing au thority.

(5) Where�

(a) a person has made application for a licence and that application was rejected; and

(b) that person within twelve months beginning on the day of the rejection makes a further such application which in the opinion of the licensing authority raises the same issues, or substantially the same issues, as were raised by the earlier application,

the further application shall not be considered unless the licensing authority grants special leave.

[section 11 amended by 1998 : 9 effective 15 May 1998]

Objection to grant or transfer of licence

12 (1) Any person ordinarily resident in the parish in which the premises sought to be licensed are located, or any person in any other parish being the owner or occupier of any property lying within three hundred yards of such premises, or the Commissioner of Police, may object to the grant or transfer of a licence in respect of those premises; and where objection is made the following provisions shall have effect �

(a) written notice stating in general terms the grounds of objection to the grant or transfer shall be served on the licensing authority and on the applicant, and, where the person objecting to the application is not the Commis sioner of Police, on the Commissioner of Police, in each case not less than three days before the date set by the licensing authority for hearing the application;

(b) in the event of failure to comply with paragraph (a) the licensing authority, upon such terms as to payment of costs and expenses as may seem just, may adjourn any hearing to enable at least three days to elapse between service of the notice and the hearing;

(d) the licensing authority may, subject to such conditions as it thinks fit to impose, allow a number of persons qualified under this subsection to be represented for the purposes of the objection by a person, whether or not himself so qualified, appointed by them.

(2) The licensing authority, in considering any objection, shall receive evidence on oath, and any member of the licensing authority pre sent at the hearing may administer such oath.

(3) A licensing authority shall have the same powers with re gard to compelling the attendance and examination of witnesses as are conferred on a court of summary jurisdiction by the Summary Jurisdic tion Act 1930 [title 8 item 34] and it shall be the duty of any police officer to whom any summons or warrant signed by the presiding member of the licensing authority is issued to serve or execute the same in the manner required by section 8 of that Act.

(4) Witness money shall be allowed to witnesses as prescribed in section 11 of the Summary Jurisdiction Act 1930, and shall be paid by the person at whose request such witnesses are summoned, who shall, on being so required by the licensing authority, deposit such sum as the authority may require to cover such witness money, the unexpended balance of which shall be refunded to the depositor.

(5) A licensing authority may grant costs in accordance with the scale of costs applicable in a court of summary jurisdiction to a successful applicant for the grant or transfer of a licence against any person who has lodged an objection under this section, or vice versa, and such costs shall be recoverable in all respects as if they had been costs awarded in a civil action in a court of summary jurisdiction.

[section 12 amended by 1998 : 9 effective 15 May 1998]

Plans of licensed premises

13 (1) Without prejudice to section 11 but subject to subsection (2), an applicant for the grant or transfer of a licence shall submit for the approval of the licensing authority a sketched plan of the licensed premises and the precincts thereof showing by appropriate colourings or markings �

(a) the general lay-out of the premises;

(b) the parts of the premises to be used for the sale or con sumption of intoxicating liquor or, in the case of an ho tel, the public or common parts of the premises to be used for the sale of intoxicating liquor;

(d) such other information as may be prescribed by regula tions made under section 54.

(2) The provisions of subsection (1) shall apply in respect of all licensed premises upon the first application for the grant or transfer of a licence after the coming into operation of this Act, but shall not apply to any subsequent application in respect of the same licensed premises unless an alteration is intended to be made which would render inaccu rate the plan submitted under subsection (1), in which event a revised plan of the premises shall be submitted indicating the proposed alter ations.

(3) The licensing authority may refuse to grant or transfer a li cence in respect of any licensed premises unless the alterations thereto have previously been approved by the authority.

(4) The licensing authority shall retain the plans of licensed premises submitted under this section.

Provisional licences

14 (1) Where it is intended to construct a new building, or to alter an existing building, for the purpose of using the building, when con structed or altered, as licensed premises, then application may be made to the licensing authority for the grant of a provisional licence in respect of the building, being a provisional licence of one of the classes of licence specified in section 9.

(2) The grant of a provisional licence in respect of a building shall not have effect so as to authorize the sale of intoxicating liquor in that building.

(3) In connection with an application for the grant of a provi sional licence, the applicant shall submit to the licensing authority such plans or specifications relating to the building which it is intended to construct or alter as the licensing authority may consider necessary to enable it to deal with the application.

(4) Where the licensing authority receives an application for the grant of a provisional licence, and is satisfied �

(a) that the application is made in good faith; and

(b) that the plans or specifications submitted to them are such as to enable them to deal with the application,

then, subject to this section, the licensing authority may grant to the ap plicant a provisional licence.

(5) The provisions of this Part shall apply, with necessary vari ations, to the grant or transfer of a provisional licence as they apply in relation to the grant or transfer of a licence.

(6) A provisional licence shall be granted subject to the condi tion that it shall cease to have effect after a day appointed by the licens ing authority and specified in the provisional licence, being the last day of the period (hereinafter referred to as "the constructional period") within which, in the opinion of the licensing authority, the completion of the construction or alteration of the building, in accordance with the plans and specifications submitted to the licensing authority, may rea sonably be expected:

Provided that the chairman may in any particular case, on the application of the holder of the provisional licence, and if it appears to him to be equitable to do so, endorse the provisional licence so as to ap point a later day than the day previously appointed, and on the provi sional licence being so endorsed the constructional period shall be deemed to be extended accordingly.

(7) Where a provisional licence has been granted, the licensing authority, on the application of the holder of the provisional licence �

(a) may consent to amendments or variations of any plans or specifications submitted to it in connection with the application for the provisional licence;

(b) may transfer the provisional licence to another person;

(c) may alter the provisional licence so that it relates to an other class of licence than the class to which it previ ously related.

(8) At any time before the expiration of the constructional pe riod the holder of a provisional licence may apply to the licensing au thority for the grant of a licence of the class of the provisional licence; and, subject as hereinafter provided, this Act shall apply in relation to the application and in relation to the decision of the licensing authority with respect to the application and generally in relation to procedure and in all other respects as if the application had not been preceded by the grant of a provisional licence.

(9) In this section "building" includes any terrace, lawn, garden or grounds immediately adjacent to and used with a building; and any reference to the construction or alteration of a building shall be deemed to include a reference to the laying out, adaptation or preparation of any such terrace, lawn, garden or grounds.

Grant of licences subject to conditions

15 (1) The following conditions shall be observed with respect to the grant of licences�

(a) the licensing authority shall be satisfied �

(i) that the applicant is of good character and is a fit and proper person to be entrusted with the sale of intoxicating liquor;

(ii) where a manager is appointed, that such man ager is a fit and proper person to be entrusted with the management of licensed premises;

(iii) that the premises are suitably located and well designed; and

(iv) that there are no sustainable objections to the grant of the licence to the applicant and, in particular, no such objections, raised by or on behalf of persons owning or occupying neighbouring property, based on any of the following anticipated grounds�

(aa) undue noise;

(bb) disruption of the traffic flow;

(cc) accumulation of trash;

(dd) disturbance attributable to alcohol misuse;

(b) every licence shall be granted in respect of certain speci fied premises on which alone it shall be lawful to sell intoxicating liquor and the licence shall contain a par ticular description of such premises;

(c) premises in respect of which a Licence (B) is granted shall have no internal or private communication with any other building or premises, but shall consist either of the whole of an entirely detached building or of one or more rooms having no internal or private communica tion with any other building, room or premises.

(2) A licence for premises other than an hotel shall be authority for the sale of intoxicating liquor only in the parts of the premises delin eated in plans submitted to the licensing authority under section 13 and approved by the authority as parts of the premises in which such liquor is permitted to be sold.

(3) In considering the fitness of a body corporate to hold a li cence, the licensing authority shall have regard to the fitness of the di rectors of the body corporate or other persons having executive control over it as if the licence were held by them jointly.

(4) Where any change (however made) occurs in the management, or in the control of the management, of licensed premises, the holder of the licence shall forthwith supply to the licensing authority in writing details of the change.

(5) Without prejudice to any other provision of this section, the licensing authority may grant a licence subject to such conditions as the authority deems expedient to secure the proper conduct of the licensed premises, and, in particular, the authority may restrict the sale of intoxi cating liquor of certain kinds or in certain containers.

(6) Any conditions imposed under subsection (5) shall be en dorsed on the licence and the licensing authority shall by notice in writ ing to the applicant give its reasons for the imposition of conditions un der subsection (5).

[section 15 amended by 1998 : 9 effective 15 May 1998]

Taking effect and duration of licences, etc

16 (1) Except as provided by this Act every licence shall be granted to take effect from 1st June next after the granting thereof, and shall re main in force for one year.

(2) It shall be lawful for the licensing authority to grant any li cence at any time to take effect on and from the date named therein, and to continue for the period ending on 31st May next following; and where a licence is issued after 30th November in any year the person obtaining the licence shall pay therefor half of the sum payable for a year as set out in the Second Schedule.

(3) This section shall not apply to a provisional licence.

(4) Where a licence has been granted and was in force immediately before the commencement of the Liquor Licence Amendment Act 1998, it shall be deemed to remain in force for an additional period of two months upon payment by the licensed person of one-sixth of the sum payable for a year as set out in the Second Schedule.

[section 16 amended by 1998 : 9 effective 15 May 1998]

Transfer of licences

17 (1) The licensing authority may, on application made in accor dance with this Act, transfer a licence�

(a) to any person; or

(b) to any premises within the same licensing district, ap proved by the licensing authority.

(2) Any transfer of a licence shall be endorsed on the original licence.

Special conditions with respect to grant, etc. of particular classes of licence

18 (1) No licence, other than a Licence (A) or Restricted Licence (A), shall be granted or transferred unless the applicant produces to the licensing authority a certificate granted by the Chief Medical Officer cer tifying that the premises in respect of which the application is made are furnished with sufficient and suitable sanitary accommodation for the use of patrons of both sexes and that the sanitary condition of the premises is satisfactory in every respect.

(1A) A Licence (A) shall not be granted in respect of premises that are not either a grocery store or a liquor store.

(1B) A licence shall not authorise the sale of any miniature at a grocery store.

(1C) In this section�

"grocery store" means premises where�

(a) the main activity is the sale of food provisions for consumption off the premises; but

(b) intoxicating liquor is also sold from a discrete and separate part of the premises;

"liquor store" means premises where the main activity is the sale of intoxicating liquor, or of products directly associated with the consumption of intoxicating liquor, for con-sump tion or use off the premises;

"miniature" means a container containing ten centilitres of alcohol or less.

(2) No Licence (B) shall be granted or transferred unless the applicant satisfies the licensing authority that the premises in respect of which the application is made are such as to afford reasonable amenities and comforts, regard being paid, inter alia, to such matters as lighting and ventilation and reasonable provision for the seating of customers elsewhere than at the bar counter.

(3) No Hotel Licence shall be granted or transferred unless �

(a) the applicant produces to the licensing authority a li cence or certificate of exemption granted in respect of the hotel under the Hotels (Licensing and Control) Act 1969 [title 17 item 2]; and

(b) the applicant satisfies the licensing authority that the hotel provides sleeping accommodation for not less than thirty guests.

(4) No Restaurant Licence shall be granted or transferred in re spect of any premises unless the licensing authority is satisfied �

(a) that the premises contain a room or rooms adequately furnished and equipped and of suitable size and struc ture for the purpose of habitually providing substantial meals within such room or rooms for at least twenty-four persons at one time; and

(b) that the premises are equipped with adequate kitchen accommodation and equipment, refrigeration, crockery, napery, cutlery, silver and glass for the purpose of ha bitually providing substantial meals for at least twenty-four persons at one time.

(5) No Night Club Licence shall be granted or transferred in re spect of any premises unless the licensing authority is satisfied �

(a) that the premises contain a room adequately furnished and equipped and of suitable size and structure for the purpose of providing music and dancing within such room for at least fifty persons at one time; and

(b) that music and dancing are to be provided each evening for at least four hours between 9.00 p.m. and 3.00 a.m.

[section 18 amended by 1998 : 9 effective 15 May 1998]

Special conditions with respect to Club Licences

19 (1) No Members' Club Licence shall be granted unless the ap plicant satisfies the licensing authority that�

(a) the club exists bona fide and with a membership of not less than twenty-five persons who have paid, within the twenty months preceding the application, an annual subscription of not less than five dollars; and

(b) the intoxicating liquor sold at the club is the joint prop erty of the members of the club, or, in the case of an in corporated club, the property of the club; and

(c) no refund or dividend (other than a refund not exceeding the amount of the annual subscription made in the event of termination of membership) is paid to any member of the club, except on the winding up of the club; and

(d) the persons responsible for the management of the club are fit persons to be concerned in the management of li censed premises; and

(e) the rules of the club make proper provision for the or derly operation of the club and for the admission of per sons to the privileges of membership; and

(f) the club and its premises are such, and are so con ducted and equipped, as to afford to its members the reasonable amenities and facilities of a club, and that the sale or supply of intoxicating liquor is not the sole or principal purpose of the club.

(2) The secretary of a licensed members' club shall keep�

(a) proper minute books in which shall be entered the pro ceedings of all meetings of members and of the commit tee of management of the dub of which he is the secre tary;

(b) a subscription book in which shall be entered the names of the members and temporary members of the club and the dates of the election of such members;

(c) an honorary membership book in which shall be entered the names of the honorary members and the dates from which they are entitled to privileges as honorary mem bers; and

(d) an account book in which shall be entered the subscrip tions and dues of all members, temporary members and honorary members of the club.

(3) Honorary or temporary membership of a licensed members' club shall not be granted to any person who is not recommended or vouched for in writing for such membership by a member of the club.

(4) The secretary of a licensed members' club, on being re quired in writing by the licensing authority or the Commissioner of Po lice, shall produce to the Commissioner of Police for examination by the licensing authority all or any of the books mentioned in subsection (2) within forty-eight hours computed from the time written notice of the re quirement was delivered at the club premises.

(5) If any licensed members' club pays any dividend or refund of dues or subscriptions to the members thereof or makes default in complying with the requirements of subsection (4), the licence granted in respect of the club shall forthwith be forfeited.

(6) If the secretary of a licensed members' club produces to the Commissioner of Police any book, being a book which he is required to produce under subsection (4), which is false or incorrect in any material particular, he commits an offence:

Punishment on summary conviction: a fine of $200.

Provided that it shall be a defence for any person charged with an offence under this subsection to prove �

(a) that he did not know and had no reasonable cause to believe that the book in question was false or incorrect; and

(b) that he had taken reasonable steps to ensure that the book was not false or incorrect.

(8) The provisions of this section, except paragraphs (b) and (c) of subsection (1), shall apply in relation to a proprietary club as they ap ply in relation to a members' club as if for references to the secretary there were substituted references to the proprietor.

Duty to maintain conditions under which licence granted

20 (1) Where a licence has been granted or transferred, upon the licensing authority being satisfied that certain conditions exist or certain requirements are being fulfilled in respect of the licensed premises, the holder of the licence shall fully comply with such conditions and con tinue to fulfil such requirements at all times during the subsistence of the licence, and, in the case of the holder of a Hotel, Restaurant or Night Club Licence, shall at all such times and in every respect conduct a bona fide hotel, restaurant or night club business, as the case may be.

(2) Any holder of a licence who fails to comply with subsection (1) commits an offence:

Punishment on summary conviction: a fine of $500.

Extension permits

21 [repealed by 1998 : 9 effective 15 May 1998]

Alfresco dining permit

21A (1) On the application of a licensed person who is the holder of a Restaurant Licence, the licensing authority may grant a permit ("an alfresco dining permit") authorizing him to sell intoxicating liquor in an open-air area adjoining the licensed premises that is designated in a sketched plan submitted with the application.

(2) The designated area�

(a) may, but need not, be structurally connected with the restaurant operated by the licence holder; and

(b) may be located on land that is not owned or leased by the licence holder.

(3) Where the designated area lies within the boundaries of a municipality, the Corporation of that municipality�

(a) shall be given a copy of the application by the applicant;

(b) may consent or refuse consent to the application without assigning any reason therefor; and

(c) may impose such conditions on the use of the designated area as it considers appropriate, and the licence holder shall comply with any conditions imposed under this paragraph as if it were a condition of his licence.

(4) The licensing authority shall refuse an application under subsection (1) unless it is satisfied that the applicant has complied with all relevant statutory provisions, including any requirements imposed under the Development and Planning Act 1974, governing the proposed use of the designated area.

(5) Where an alfresco dining permit is granted under subsection (1), the designated area shall be deemed for the purposes of this Act to be included within the licensed premises operated under the Restaurant Licence.

[section 21A inserted by 1998: 9 effective 15 May 1998]

Occasional licences

22 (1) The chairman may, on an application duly made by or on behalf of any body established for social, charitable or benevolent pur poses, grant a licence (in this Act referred to as "an occasional licence") authorizing that body to provide and sell intoxicating liquor to persons attending such function as may be specified in the occasional licence between the hours of 10.00 a.m. on one day and 2.00 a.m. on the fol lowing day.

(2) An occasional licence granted under this section shall spec ify �

(a) the periods within which intoxicating liquor may be pro vided or sold; and

(b) the place at which intoxicating liquor may be provided and sold.

(3) A single occasional licence may be granted so as to relate to a number of disparate sub-events that are to be staged in different places but as constituent parts of a centrally-organized event.

(3A) A licence other than an occasional licence shall not be granted where the proposed licensed premises are, or form part of, a park listed in the First Schedule to the Bermuda National Parks Act 1986 [title 19 item 6].

(3B) Subsection (3A) does not apply in relation to a licence that was in force immediately before the commencement of the Liquor Licence Amendment Act 1998, or to the renewal or transfer (whether or not subject to new conditions) of such a licence.

(3C) An application under this section shall be made by notice in writing to the chairman and a copy of the application shall be served on the Commissioner of Police.

(3D) It shall be within the absolute discretion of the chairman to refuse an application for an occasional licence without assigning any reason therefor.

(3E) An occasional licence granted under this section shall, at any time during the period of the function in respect of which it is granted, forthwith be produced by the person who is in charge of the sale of intoxicating liquor at the function for examination by a police officer at his request, and if it is not so produced, without reasonable excuse, the holder of the licence and that person shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred dollars.

[section 22 amended by 1998 : 9 effective 15 May 1998]

Appeals to Supreme Court

23 (1) In this section "interested persons", in relation to a decision

of the licensing authority on an application for the grant or transfer of a licence, means �

(a) where the application is refused, the applicant; or

(b) where the application is granted, any person who under section 12 has objected to the grant of the licence.

(2) Any interested person who is aggrieved by a decision of the licensing authority (including a decision imposing conditions) may, sub ject to this section, appeal to the Supreme Court against the decision.

(3) Subject as aforesaid, an appeal by an interested person against a decision of the licensing authority shall lie to the Supreme Court on either or both of the following grounds�

(a) that on the facts before the licensing authority the deci sion was unreasonable and cannot be supported; or

(b) that the licensing authority erred on a question of law which was material to the decision,

but on no other ground.

(4) Any interested person who wishes to appeal against a deci sion of the licensing authority shall give notice of appeal to the chairman within ten days after the day on which the decision was given; and any such notice of appeal �

(a) shall be in writing signed by the appellant or by counsel on his behalf;

(b) shall set out the grounds of the appeal; and

(5) On notice of appeal being duly given under this section the chairman �

(a) shall within five days after the day on which notice of appeal is given transmit to the Registrar the following documents, together with two copies of each document, that is to say �

(i) the notice of appeal;

(ii) a copy of the record of proceedings before the li censing authority;

(iii) a copy of any notice of objection given under section 12;

(iv) if the appeal is on the ground that the licensing authority erred on a material question of law, a case stated (on that question of law) by the chairman; and

(b) shall within the same time transmit to the appellant, to any person in whose favour the licensing authority have made the decision by which the appellant is aggrieved and to the Attorney General copies of the documents specified in paragraph (a).

(6) The Registrar, upon receiving the documents referred to in subsection (5) �

(a) shall enter the appeal; and

(b) shall in due course give notice to the appellant and to the Attorney General of the date on which the appeal will be heard by the Supreme Court.

(7) The Attorney General shall be entitled to appear and be heard on any appeal to the Supreme Court under this section.

Determination of appeals

24 (1) An appeal under section 23 shall be by way of argument upon the record of the proceedings before the licensing authority but the Supreme Court, if it thinks fit, may admit further evidence, either orally or by affidavit.

(2) In determining an appeal under this section the Supreme Court may dismiss the appeal or may allow the appeal; and where the Court allows an appeal it shall remit the matter to the licensing authority with a direction, as the case may be �

(a) to grant or transfer the licence which the licensing au thority have refused to grant or transfer; or

(b) to grant or transfer the licence subject to such condi tions as the Court may direct; or

and the licensing authority shall comply with any such direction:

Provided that where an appeal is allowed on the ground that the licensing authority erred on a material question of law, the Court may remit the matter to the licensing authority with a direction to rehear ac cording to law the application for the grant or transfer of the licence.

(3) Upon the determination of an appeal under this section the Supreme Court may make such order as to the payment of all or any of the costs of the appeal as the Court thinks just and equitable, and any such order may be enforced as if the appeal were an appeal to the Supreme Court in a civil cause or matter.

Notification of Commissioner of Police and Accountant-General of li cences granted

25 Within fourteen days after the grant or transfer of a licence the licensing authority shall notify the Commissioner of Police and the Ac countant General of the name of the licensed person, the location of the licensed premises and the class of licence granted and the Commissioner of Police shall keep a list of all licences issued and in force.

Surrender of licences

26 (1) The holder of any licence may surrender his licence by giv ing to the chairman notice in writing, notifying his intention so to do and specifying the date as from which he desires to surrender the licence; and where such notice has been given the licence shall cease to have ef fect as from the date specified and the premises in respect of which it was granted shall cease as from that date so be licensed premises.

(2) Where any licence has been surrendered under subsection (1) the licence document shall be delivered to the chairman on the day on which the licence ceases to have effect; and any person who fails to comply with this requirement commits an offence:

Punishment on summary conviction: a fine of $200.

(3) Where any licence has been surrendered under subsection (1), no part of the licence fee payable under section 27 shall be refunded.

Fees

27 (1) In respect of the class of licence set out in column l of the Second Schedule the applicant shall pay, on application therefor, the fee set out in column 2 of the Second Schedule:

Provided that where a Licence (A) or Restaurant Licence is lim ited to the sale of beer and wine only, the applicant shall pay one-half of the fee therefor set out in the Second Schedule.

And provided further that where application is made for a Restaurant Li cence in respect of any vessel, the applicant shall pay one-half of the fee therefor set out in the Second Schedule.

(2) In respect of an occasional licence the applicant shall pay, on application therefor, a fee of $60.

(3) In respect of a provisional licence, the applicant shall pay, on application therefor, a fee of $125 and for an extension of the con struction period, a fee of $25 but no hearing fee under subsection (5).

(4) In respect of the grant of a sanitary certificate under sub section (1) of section 18, the applicant shall pay, on application therefor, such fee as may be prescribed under the Government Fees Act 1965 [title 15 item 18].

(5) In addition to any other fee payable under this section, but subject to subsection (3), there shall be payable in respect of every appli cation for the grant or transfer of a licence (including a provisional li cence) a hearing fee of $150 for each day or part of a day on which the application is heard by the licensing authority:

Provided that this subsection shall not apply in respect of an ap plication for an occasional licence.

(6) If the licensing authority refuses to grant a licence to any person, or if the applicant withdraws his application for a licence, the Accountant General shall refund to such person any fee paid under sub section (1), (2) or (3).

[subsections (2), (3) and (5) of section 27 amended as to fees by 1990:11 effective 1 April 1990, and subsections (2) and (5) amended by 1998:9 effective 15 May 1998]

PART III

PERMITTED HOURS

Prohibition of sale etc. of intoxicating liquor outside permitted hours

28 (1) Except during the permitted hours, or as permitted by or under this Act, a person shall not �

(a) himself or by his servant or agent �

(i) sell intoxicating liquor in licensed premises; or

(ii) permit the consumption of intoxicating liquor in licensed premises; or

(b) purchase intoxicating liquor in licensed premises; or

(d) take intoxicating liquor from licensed premises.

(2) Any person who contravenes this section commits an of fence:

Punishment on summary conviction: a fine of $300.

General permitted hours

29 (1) Subject to the succeeding provisions of this Part, the per mitted hours in respect of the class of licence set out in column l of the Third Schedule are the hours respectively set out in columns 2 and 3 of that Schedule.

[subsection (2) amended by 1989:63 effective 2 January 1990; and deleted by 1998:9 effective 15 May 1998]

(3) The licensing authority may, at the request of any applicant or holder, limit the permitted hours in respect of any premises and any such limitation shall be endorsed on the licence and shall be the per mitted hours in respect of those premises.

Exception for residents in hotels

30 The foregoing provisions of this Part shall not prohibit or restrict the sale of intoxicating liquor outside the permitted hours to a resident in an hotel in respect of which a licence is in force, or the consumption or permitting consumption of it in the hotel by him or his guests outside the permitted hours.

Consumption of intoxicating liquor bought during permitted hours

31 Where intoxicating liquor is sold in licensed premises during the permitted hours the foregoing provisions of this Part shall not prohibit during the first thirty minutes after the conclusion of the permitted hours the consumption or permitting consumption of the liquor in the li censed premises.

PART IV

CONDUCT OF LICENSED PREMISES

Duty of licence holder to display notice of permitted hours

32 (1) A licensed person shall cause to be displayed and to be kept on display in a conspicuous place on his licensed premises a printed no tice specifying the days and hours on or during which the sale of intoxi cating liquor is permitted on the licensed premises under the licence ap plicable thereto.

(2) A licensed person who fails to comply with subsection (1) commits an offence:

Punishment on summary conviction: a fine of $20 for each day during which the offence continues.

Restrictions on certain kinds of alcohol

33 (1) A licensed person shall not, himself or by his servant or agent, sell, make available for purchase or supply in any licensed premises, any intoxicating liquor which consists of or is mixed with any alcohol of a kind other than ethyl alcohol.

(2) Any person acting in contravention of subsection (1) com mits an offence:

Punishment on summary conviction; imprisonment for 6 months or a fine of $500.

Restrictions on consumption of intoxicating liquor in unlicensed part of premises

34 (1) Where part of any premises (other than premises operated under an Hotel Licence are licensed premises the li censed person, himself or by his servant or agent, shall not permit any other person to consume intoxicating liquor in any other part of the premises.

(2) If subsection (1) is contravened the licensed person commits an offence:

Punishment on summary conviction: a fine of $300.

(3) Where a licensed person is charged with an offence under this section it shall be a defence to prove �

(a) that the liquor was supplied at his expense; and

(b) that it was consumed by either �

(i) the licensed person or his guests; or

(ii) persons employed in the premises for the pur poses of the business carried on under the li cence; and

[section 34 amended by 1998:9 effective 15 May 1998]

Restrictions on employment of young persons in certain licensed premises

35 (1) Subject to the exceptions set out in subsection (1A), no licenced person shall employ in the licensed premises a person who is under the age of eighteen years.

(1A) Subsection (1) does not prevent the employment of a person who is under the age of eighteen years�

(a) in a grocery store as defined in section 18(1C) except in that discrete and separate part of the premises in which intoxicating liquor is sold;

(b) in premises licensed under a Hotel Licence or a Restaurant Licence or aboard a tour boat in respect of which a Tour Boat Licence has been granted provided that his employment does not involve any function related to the sale of intoxicating liquor; or

(c) pursuant to a student occupational training scheme approved by the Minister for the time being responsible for labour and related matters.

(2) Any person who contravenes subsection (1) commits an of fence:

Punishment on summary conviction: a fine of $300.

[section 35 amended by 1998:9 effective 15 May 1998]

Duty of holder of Hotel etc. Licence to lock up intoxicating liquor

36 (1) It shall be the duty of the holder of a Restaurant, Hotel or Night Club Licence to ensure that all intoxicating liquor on the licensed premises is kept locked up except during the permitted hours and that any door leading to or from the bar-room or other place in such premises where intoxicating liquor is ordinarily sold and opening on a public road or street or other place to which the public have access, or opening on any other part of the licensed premises, is kept locked except during the permitted hours.

(2) Any licensed person who, himself or by his servant or agent, contravenes subsection (1) commits an offence:

Punishment on summary conviction: a fine of $200.

Power to exclude drunken persons etc. from licensed premises

37 (1) Without prejudice to any other right to refuse a person ad mission to premises or to expel a person from premises, a licensed per son or his servant or agent may refuse to admit to, or may expel from, the licensed premises any person who is drunk, or is acting in a disor derly manner, or whose presence in the licensed premises would subject the licensed person to a penalty under this Act or any other statutory provision.

(2) If any person liable to be expelled from licensed premises under this section, when requested by the licensed person or his servant or agent or a police officer to leave the premises, fails to do so, he com mits an offence:

Punishment on summary conviction: a fine of $100.

(3) A police officer shall, on the demand of the licensed person or his servant or agent, help to expel from the licensed premises any per son liable to be expelled from those premises under this section, and may use such force as may be required for the purpose.

Duty of licensed person to produce licence

38 Any licensed person who refuses to produce on demand his li cence to any police officer when acting in the execution of his duty com mits an offence:

Punishment on summary conviction: a fine of $100.

Punishment of licensed person, etc. being drunk on licensed premises

39 Any licensed person who is drunk, or who allows his servant or agent to be drunk, on his licensed premises commits an offence:

Punishment on summary conviction: a fine of $300.

Miscellaneous offences with respect to conduct of licensed premises

40 (1) Any licensed person�

(a) who on his licensed premises sells to any police officer or treats him to any intoxicating liquor during the time such police officer is on duty to the knowledge of such person or his servant; or

(b) who refuses or fails to admit to his licensed premises on demand, any police officer when acting in the execution of his duty and demanding admission in that capacity; or

(d) who permits his licensed premises to be kept or to be used as a brothel; or

(e) who permits any drunkenness, or any violent, quarrel some or disorderly conduct on his licensed premises, or on any other premises in his occupation adjoining or contiguous thereto; or

(f) who, on his licensed premises, sells or serves any intoxi cating liquor to, or for consumption by, any person un der the age of eighteen years, or allows any person under the age of eighteen years to consume intoxicating liquor; or

(g) who sells any intoxicating liquor to any person who is drunk, or knowingly sells intoxicating liquor to another person for consumption by such drunken person; or

(h) who allows any person who is drunk to remain on the li censed premises, or on any other premises in his occu pation adjoining or contiguous thereto; or

(i) who allows his licensed premises, or any premises in his occupation adjoining or contiguous thereto, to be the re sort of notorious bad characters or reputed prostitutes or persons under the influence of any controlled drug as defined in the Misuse of Drugs Act 1972 [title 11 item 4], or allows any such persons to remain on such premises longer than is necessary for the purpose of obtaining reasonable refreshment,

commits an offence.

(2) If the holder of a Licence (B) or a Night Club Licence allows a person under the age of eighteen years to be on the licensed premises at a time when intoxicating liquor is on sale at those premises, he commits an offence.

(3) Where the holder of a Licence (B) or a Night Club Licence or his representative considers that a young person in or seeking entry to the licensed premises is under the age of eighteen years, he shall require that young person to produce a photographic identification as proof of age and, if the young person, when so required, fails to produce satisfactory proof that he has attained the age of eighteen years, the licensed person or his representative shall refuse service and require the young person to leave the licensed premises.

(4) Any young person who�

(a) fails to leave any licensed premises when required to do so under subsection (3); or

(b) produces any photographic identification that has been altered or is false,

is guilty of an offence and liable on summary conviction to a fine not exceeding three hundred dollars.

(5) It shall be a defence for a person charged with an offence under paragraph (f) of subsection (1) or under subsection (2) to prove that he believed, and had reasonable grounds to believe that the person under the age of eighteen years was eighteen years of age or older.

(6) A person found guilty of an offence under paragraph (f) of subsection (1) or subsection (2) shall be liable on summary conviction to a fine not exceeding ten thousand dollars.

[section 40 amended by 1998:9 effective 15 May 1998]

Restrictions on consumption of intoxicating liquor in or near premises operated under a Licence (A)

41 Where, having purchased intoxicating liquor from the holder of a Licence (A) or his servant or agent, a person consumes the liquor �

(a) in the licensed premises; or

(b) in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or under his control or used with his permission,

then, that person and the holder of the licence, if the consumption is with the knowledge and consent of the holder of the licence or of his ser vant or agent, commits an offence:

Punishment on summary conviction: a fine of $300.

Procuring drink for drunken person or minor

42 (1) If any person in licensed premises procures intoxicating liquor for consumption by a drunken person or by a person under the age of eighteen years he commits an offence.

(2) If any person aids a drunken person or a person under the age of eighteen years in obtaining or consuming intoxicating liquor in li censed premises he commits an offence.

(3) A person guilty of an offence under this section shall be li able on summary conviction to a fine not exceeding two hundred dollars:

Provided that it shall be a defence to any charge under this sec tion of procuring intoxicating liquor for consumption by a person under the age of eighteen years for the person charged to prove that he believed and had reasonable grounds for believing that the person under the age of eighteen years was eigh

Bermuda Consolidated Legislation

Liquor Licence Act 1974