TRADITIONAL BEER (RETAIL SALES) (MODEL) BYE-LAWS
(section 38)
(27th February, 1970)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Interpretation
3. Traditional beer to be sold or bought only on licensed premises
4. Beer to be consumed on licensed premises only if licensed for on-consumption
5. Applications for licences and renewals
6. Grant and renewal of licences
7. Period and renewal of licences
8. Lapse on change of occupier
9. Duplicate licences
10. Non-contravention
11. Revocation of licence
12. Fees to be paid into General Fund
13. Appeal and review
14. Permitted hours
15. Sanitary conditions to be maintained
16. Restrictions on sale of beer to young persons, etc.
17. Only licensees and employees to sell on licensed premises
18. Drunkenness, etc. not to be permitted on licensed premises
19. Rights of licensee to refuse admission, etc.
20. Penalty for permitting the licensed premises to be a brothel, etc.
21. Prohibition of making structural alterations to licensed premises
22. Inspection of premises by police, etc.
23. Closing of licensed premises on serious breach of peace or danger to public health
24. Criminal responsibility of employer and employee
25. Licence and Bye-laws to be displayed
26. Penalties
Schedule – Licence to Use Premises for the Retail Sale of Traditional Beer
S.I. 13, 1970,
S.I. 37, 1970,
S.I. 73, 1972.
These Bye-laws may be cited as the Traditional Beer (Retail Sales) (Model) Bye-laws*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Bye-laws
“beer” means traditional beer;
“district” means the area in respect of which the District Council is established;
“District Council” means any district council which has adopted these Bye-laws, or the committee thereof duly appointed and charged with the administration of these Bye-laws;
“licensed” means licensed in terms of these Bye-laws;
“licensee” means the occupier of licensed premises;
“lolwapa” means a customary residential precinct;
“traditional beer” means traditional beer as defined in the Liquor Act (Cap. 43:11), which has been made by a manufacturer.
3. Traditional beer to be sold or bought only on licensed premises
(1) No person shall sell or buy any traditional beer by retail within the district except in a beer hall conducted by the District Council or on premises licensed in terms of these Bye-laws:
Provided that within the boundaries of a lolwapa traditional beer may be sold by and bought from persons engaging, for the purpose of subsistence or the maintenance and education of children, in the sale of traditional beer.
(2) A licence shall be in the form set out in the Schedule.
4. Beer to be consumed on licensed premises only if licensed for on-consumption
No person shall consume traditional beer, or permit traditional beer to be consumed, on premises licensed under these Bye-laws unless such premises are licensed for the sale of traditional beer for consumption on the premises.
5. Applications for licences and renewals
(1) An application for the licensing of premises for the sale of traditional beer by retail shall be made by the occupier of such premises to the District Council and shall specify whether the applicant seeks a licence for
(a) sale for consumption on the premises;
(b) sale for consumption off the premises; or
(c) sale for both the said purposes.
(2) An application for the renewal of a licence of premises for the sale of traditional beer by retail shall be made to the District Council by the occupier of such premises.
(3) No application shall be made unless the applicant has given not less than 21 days notice of his intention to apply in a newspaper circulating in the district and in writing to the principal police officer of the district and the Medical Officer of Health.
6. Grant and renewal of licences
(1) Subject to the provisions of this bye-law, the District Council on consideration of an application made in terms of the last preceding bye-law shall grant such application in respect of a type of sale covered thereby, and may attach such conditions to the issue or renewal of a licence as it may determine, which shall be endorsed on the licence at the time of its issue or renewal.
(2) Subject to the provisions of this bye-law, an application for the grant or renewal of a licence in respect of sale both for consumption on the premises and for consumption off the premises may be granted in respect of either type of sale or of both types.
(3) The District Council shall refuse to grant or renew a licence unless, after giving the applicant an opportunity of being heard it is satisfied
(a) that the applicant or applicants, or in the case of an applicant company the person responsible for its management and the management of the premises, is or are of good character and repute and otherwise fit and proper to carry on the sale of traditional beer by retail;
(b) that having regard to the situation, construction, state of repair, accommodation and equipment, the premises and any premises used in connection therewith are suitable for the type of sale for which the licence is sought;
(c) that the premises are not used or proposed to be used for purposes which are in any way improper or undesirable in relation to their use for the sale of traditional beer;
(d) that the applicant has complied with the provisions of these Bye-laws with respect to applications for licences.
(4) Premises may be licensed for the sale of traditional beer for consumption on the premises only if they are used exclusively for the sale of such beer, non-alcoholic liquids and tobacco and of foodstuffs served for consumption on the premises.
(5) No person shall sell goods other than those provided for in paragraph (4) on premises licensed for the sale of traditional beer for consumption on the premises.
(6) The District Council may approve an application in principle but withhold the granting of a licence or renewal until it is satisfied from an inspection of the premises or by such other evidence as it may require that any condition affecting the structure or equipment of the premises which it is proposed to attach, or which has been attached, to the licence has been complied with.
(7) There shall be charged on every licence granted under these Bye-laws and on the renewal of every such licence
(a) in the case of a licence for sale for consumption on the premises, a fee of P50, or, if the licence is granted after 30th June in any year, a fee of P25 for such grant;
(b) in the case of a licence for sale for consumption off the premises, a fee of P20, or, if the licence is granted after 30th June in any year, a fee of P10 for such grant;
(c) in the case of a licence for both the said purposes, a fee of P70, or, if the licence is granted after 30th June in any year, a fee of P35 for such grant.
7. Period and renewal of licences
A licence, unless it lapses in terms of bye-law 8 or is revoked in terms of bye-law 11, shall remain in force until 31st December following the date upon which it takes effect and be capable of being renewed on application made before its expiration.
8. Lapse on change of occupier
(1) If any change of occupier of any licensed premises occurs, the licence shall thereupon lapse:
Provided that in the event of the death of a licensee the District Council shall, if the right to occupy the premises vests in the estate of the deceased, endorse the licence, on application by the representative of the estate, with his name, but unless so endorsed a licence shall lapse at the expiration of one month after the death of a licensee.
(2) There shall be charged on every such endorsement a fee of P5.
The District Council, if satisfied that a licence has been lost or destroyed, shall on payment of a fee of 50 thebe authorise the issue of a duplicate to the licensee.
No licensee shall contravene any condition attached to his licence.
Upon the conviction of any licensee of any offence under these Bye-laws the District Council may revoke his licence.
12. Fees to be paid into General Fund
All fees collected in terms of these Bye-laws shall be paid into the General Fund of the District Council.
(1) Any person aggrieved by any decision of the District Council under these Bye-laws may within 30 days thereof give notice of appeal therefrom in writing to the District Council, and in such notice shall set forth his grounds of appeal.
(2) On receiving any notice of appeal under the preceding sub-bye-law, the District Council shall refer the appeal to the Minister who shall have power to confirm or vary the decision.
(1) On premises licensed for the sale of traditional beer for consumption on the premises no beer shall be consumed except between the hours of 8 o’clock in the forenoon and 10.30 o’clock in the evening on any day other than Good Friday.
(2) No beer shall be sold on licensed premises except between the hours referred to in the preceding sub-bye-law:
Provided that on premises to which the Shop Hours Act (Cap. 43:04) applies, beer may be sold for consumption off the premises during such hours as may be applicable under that Act.
(3) No licensed premises shall be open to the public except during the hours when beer may be sold thereon.
15. Sanitary conditions to be maintained
Every licensee shall
(a) maintain the premises at all times in a clean and sanitary condition and in good repair;
(b) keep all utensils, vessels, containers, linen, towels, cloth, furnishings and other articles used in the conduct of his business in a clean and sanitary condition and in good repair;
(c) not sell or cause to be sold any drink which is not sound or wholesome;
(d) provide and maintain suitable means for protecting from contamination by dust, dirt, flies and other causes of contamination all foodstuffs and drinks on the premises;
(e) provide latrines for the staff of the premises and in addition, in the case of premises licensed for the sale of traditional beer for consumption on the premises, separate latrines for male and female customers.
16. Restrictions on sale of beer to young persons, etc.
(1) No licensee shall sell or supply beer to any person whom he knows or has reason to believe to be under the age of 18 years.
(2) A person under the age of 18 years shall not consume or buy or attempt to buy beer on licensed premises.
(3) No licensee shall sell beer to any person to be consumed on the licensed premises by a person whom he knows or has reason to believe to be under the age of 18 years.
(4) No person shall buy or attempt to buy beer on licensed premises for consumption on those premises by a person whom he knows or has reason to believe to be under the age of 18 years.
(5) No licensee shall employ on licensed premises any person whom he knows or has reason to believe to be under the age of 18 years, nor, except in such circumstances as the District Council may specify in the licence, shall he allow any such person to enter the licensed premises.
17. Only licensees and employees to sell on licensed premises
No person shall sell, and no licensee shall permit any person to sell, traditional beer by retail on licensed premises unless such person is an employee of the licensee of those premises or is himself licensed in respect thereof.
18. Drunkenness, etc. not to be permitted on licensed premises
(1) No licensee shall permit drunkenness or violent or riotous conduct to take place on the licensed premises.
(2) No licensee shall sell beer to, or for consumption on the licensed premises by, any person who appears to be in a state of intoxication.
19. Rights of licensee to refuse admission, etc.
(1) Without prejudice to any other rights to refuse a person admission to any premises or to expel a person from premises, a licensee or his manager, agent or servant, may refuse to admit to, or may expel from, the licensed premises any person who is drunk, violent or disorderly, or whose presence on his premises would subject the licensee to a penalty under these Bye-laws or any other written law.
(2) If a person liable to be expelled from licensed premises under the provisions of these Bye-laws is requested by the licensee, his manager, agent or servant, or by any member of the Botswana Police Force, to leave the premises, that person shall leave the premises forthwith.
20. Penalty for permitting the licensed premises to be a brothel, etc.
No licensee shall permit the licensed premises to be a brothel or to be an habitual resort or place of meeting of reputed prostitutes.
21. Prohibition of making structural alterations to licensed premises
No structural alteration or addition to any licensed premises and no material alteration in the internal arrangement of such premises shall be made except with the written approval of the District Council.
22. Inspection of premises by police, etc.
(1) Any member of the Botswana Police Force and any person duly authorised in writing for the purpose by the District Council or the Medical Officer of Health may at any time enter and inspect any licensed premises for the purpose of detecting an offence or of observing the state of repair and sanitary condition of such premises or of ensuring that a licensee is complying with any conditions of his licence.
(2) No licensee shall refuse or fail to admit any person referred to in sub-bye-law (1) to such premises.
23. Closing of licensed premises on serious breach of peace or danger to public health
(1) If any serious breach of the peace occurs or is expected to occur, any District Officer or Senior District Officer or member of the Botswana Police Force of or above the rank of Superintendent may order any licensed premises in or near the place concerned to be closed for such period as he may think fit and any person carrying out such order may use such force as may be reasonably necessary for closing such premises.
(2) Where in the opinion of the Minister a danger to public health would be likely to be created thereon, the Minister may order any licensed premises to be closed for such period as he may think fit.
(3) No person shall resist or obstruct an order given under this bye-law.
24. Criminal responsibility of employer and employee
(1) Whenever the manager, agent or servant of a licensee does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of some provision of these Bye-laws, then except in the circumstances set out in sub-bye-law (2) that licensee shall be deemed to have contravened that provision and shall be liable on conviction to the penalties therefor.
(2) The provisions of the preceding sub-bye-law shall not apply where
(a) in doing or omitting to do that thing, the manager, agent or servant, was acting without the licensee’s knowledge, consent or connivance; and
(b) all reasonable steps were taken by the licensee to prevent any act or omission of the kind in question:
Provided that the fact that the licensee issued instructions forbidding any act or omission of the kind in question shall not, in itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.
(3) A manager, agent or servant of a licensee who does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of some provision of these Bye-laws shall be deemed himself to have contravened the provision and shall be liable on conviction to the penalties therefor.
25. Licence and Bye-laws to be displayed
Every licensee shall display in a conspicuous place inside the premises a copy of his licence and of these Bye-laws.
(1) Any person who contravenes the provisions of bye-law 3, 6(5), 18(1) or 20, shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.
(2) Any person who contravenes the provisions of bye-law 4, 14, 15, 16, 17, 18(2), 22(2) or 23(3), shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.
(3) Any licensee who contravenes the provisions of bye-law 10 shall be guilty of an offence and liable to a fine not exceeding P100 and in the case of a continuing offence to an additional fine not exceeding P10 for every day during which the offence continues:
Provided that the court, if it thinks fit, may fix a reasonable period from the date of conviction for compliance with the condition in question; and where the court has fixed such a period the daily penalty shall not be recoverable in respect of any day before the expiration thereof.
(4) Any person who contravenes the provisions of bye-law 19(2) shall be guilty of an offence and liable to a fine not exceeding P20 or, in default of payment thereof, to imprisonment for a term not exceeding 14 days.
(5) A licensee of any premises which are altered contrary to the provisions of bye-law 21, or a licensee who contravenes the provisions of bye-law 25, shall be guilty of an offence and liable to a fine not exceeding P20, and, in the case of a continuing offence, to a further fine not exceeding P10 for every day during which the offence continues.
SCHEDULE
LICENCE TO USE PREMISES FOR THE RETAIL SALE OF
TRADITIONAL BEER
|
District Council ………………………………………….. (Name) …………………………………………………………….. is hereby licensed, in accordance with the Traditional Beer (Retail Sales)(Model) Bye-laws, as adopted by the ……………………………………………………… District Council on the …………….. 20 ……….., to use the premises specified below until 31st December, 20 ……………. , for sale by retail of traditional beer for consumption on the premises * /for consumption off the premises. * This licence is subject to the following conditions- …………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………. Premises ………………………………. Date of Issue ………………………….. Fee paid ……………………………….. |
|
|
District Council |
District Council Secretary |
|
Date of Renewal ……………………………… Fee paid ………………………………………. Date of Renewal …………………………….. Fee paid ………………………………………. Date of Renewal …………………………….. Fee paid ………………………………………. |
Date of Renewal ………………………………. Fee paid ………………………………………… Date of Renewal ………………………………. Fee paid ………………………………………… Date of Renewal ……………………………… Fee paid ……………………………………….. |
>*Delete which ever is not applicable.>