This is the version of this Act as it was from 1 November 2016 to 29 January 2019. Read the latest available version.
Related documents
Liquor Act, 1998
Act 6 of 1998
- Published in Government Gazette 1843 on 17 April 1998
- Assented to on 3 April 1998
- Commenced on 22 December 2001 by Commencement of the Liquor Act, 1998
- [This is the version of this document as it was from 1 November 2016 to 29 January 2019.]
- [Amended by Amendment of the fourth schedule of the Liquor Act, 1998 (Government Notice 251 of 2001) on 22 December 2001]
- [Amended by Amendment of Fourth Schedule of Liquor Act (Government Notice 104 of 2006) on 20 July 2006]
- [Amended by Magistrates Amendment Act, 2009 (Act 5 of 2009) on 29 July 2009]
- [Amended by Civil Aviation Act, 2016 (Act 6 of 2016) on 1 November 2016]
PRELIMINARY
1. Definitions
In this Act, unless the context otherwise indicates -“accommodation establishment” means premises registered under the Tourism Ordinance as a hotel, a motel, a pension, a guest house, a lodge, a guest farm, a rest camp, a caravan park or a safari undertaking;“advertise” means to advertise in the prescribed manner;“appellant” means the person who lodges an appeal in terms of section 41;“appeal” means an appeal lodged in terms of section 41;“applicant” means a person who applies for a licence, approval or authority in terms of this Act;“apply” means to apply for any licence, approval or authority in terms of this Act, and “application” has a corresponding meaning;“beer” means the drink manufactured by a process which includes the fermentation of an appropriate malt mash, with or without cereals, and flavoured with hops, additives and preservatives;“caravan park” means an accommodation establishment registered as a caravan park under the Tourism Ordinance;“certificate of renewal” means a certificate issued in terms of section 38(5);“closed day” means a Sunday or a public holiday referred to in, or declared under, the Public Holidays Act, 1990 (Act 26 of 1990);“Committee” means a regional liquor licensing committee established by section 24(1);“Committee Chairperson” means the chairperson of a Committee referred to in section 24(2)(a);“controlling interest” means any interest of whatever nature in a business or undertaking, enabling the holder of such interest to exercise, directly or indirectly, control of any kind of, or in any way over, the activities or assets of the business or undertaking;“day” means a calendar day, including a closed day;“dining room” means movable or immovable premises on which hot or cold meals on seated accommodation during any time of the day are provided to the public on at least five days a week;“disqualified person” means a person disqualified to hold a licence or to be a manager as contemplated in section 19;“district” means a district for which a court is established as contemplated in section 1 of the Magistrates’ Courts Act, 1944 (Act 32 of 1944);“district health officer” means a health officer assigned to a local authority area, district or region in which licensed premises are situated;“financial interest” means any interest arising from the ownership or leasing of a business conducted on a licensed premises, or from the ownership of such premises, or from any share in such ownership of the business, leasing of the business or ownership of the premises;“guest”, in relation to an accommodation establishment, means any person to whom overnight accommodation, with or without meals, is provided for reward in such accommodation establishment and in respect of whom the prescribed particulars have been entered into the guest register of such accommodation establishment in terms of section 41 of the Tourism Ordinance;“guest farm” means an accommodation establishment registered as a guest farm under the Tourism Ordinance;“guest house” means an accommodation establishment providing overnight lodging with at least one daily meal;“health officer” means a person registered or authorized to practise as such, or to practise as a health inspector, under the Allied Health Services Professions Act, 1993 (Act 20 of 1993), or to practise as a sanitary inspector as defined in the Public Health Act, 1919 (Act 36 of 1919);[The Allied Health Services Professions Act 20 of 1993 has been replaced by the Allied Health Professions Act 7 of 2004 and the Medical and Dental Act 10 of 2004.]“hotel”, except in the phrase “hotel liquor licence”, means an accommodation establishment registered as a hotel under the Tourism Ordinance;“hotel liquor licence” means a licence granted under section 3 in respect of an accommodation establishment;“inquiry” includes an appeal in terms of section 41;“inspector” means a person designated as such under subsection (1) of section 67, or referred to in subsection (2) of that section;“issue”, when used in relation to a licence, includes the handing over, or the dispatching by prepaid registered post, of the duly signed licence to the licensee by the officer authorized under this Act to so issue the licence, after payment of the prescribed fee in respect of the issue of the licence;“issuing authority” means the person or body who or which issues a licence, an authority or an approval in terms of this Act;“legal practitioner” means a person duly admitted to practise as such under the Legal Practitioners Act, 1995 (Act 15 of 1995);“licence”, except in section 61, means a licence granted and issued under this Act authorizing the sale of liquor or light liquor;“licensed business” means the business conducted in terms of a licence;“licensed premises” means the premises in respect of which a licence is granted and which premises are described and specified in the licence;“licensee” means a person holding a licence issued under this Act and “holder” or “licence holder” has a corresponding meaning;“light liquor” means any liquor which contains not more than sixteen per cent by volume of alcohol;“liquor” means -(a)any spirituous liquor or any wine or beer containing three per cent or more by volume of alcohol, excluding methylated spirit;(b)tombo or any other fermented, distilled, spirituous or malted drink, traditional or non-traditional, which contains three per cent or more by volume of alcohol;(c)any drink or concoction which the Minister by notice in the Gazette declares to be liquor,and “intoxicating liquor” has a corresponding meaning;“local authority” means -(a)a local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act 23 of 1992) and in whose area the licensed premises are situated; or(b)if the licensed premises are not situated in an area referred to in paragraph (a), the regional council in whose region the licensed premises are situated;“magistrate” means a person appointed under section 9 of the Magistrates’ Courts Act, 1944 (Act 32 of 1944) as a magistrate for the district in which the licensed premises or the premises in respect of which an application in terms of this Act is made, are situated, and includes an additional magistrate;“manager” means a manager of a licensed business or undertaking, contemplated in section 18;“meal” means an ordinary meal, or as may be prescribed;“methylated spirit” means -(a)spirit denatured in terms of any law relating to the denaturation or methylation of spirit;(b)any other denatured, medicated, perfumed or otherwise treated spirit which the Minister by notice in the Gazette declares to be methylated spirit for the purpose of this Act;“Minister” means the Minister of Trade and Industry;“non-alcoholic drink” means a potable drink which is not liquor;“off-sales” means the selling in terms of an off-sales licence of liquor in sealed containers -(a)to a licence holder for re-sale; or(b)to any other person for consumption away from the licensed premises on which such liquor is sold;“off-sales licence” means -(a)a bottle store licence;(b)a grocery liquor licence;(c)a wholesale liquor licence;(d)a brewery depot licence;(e)a distillery licence;(f)a vineyard liquor licence; or(g)a parks off-salesliquor licence;“on-consumption” means the consumption of liquor on the licensed premises on which such liquor is sold;“on-consumption licence” means -(a)a hotel liquor licence;(b)a restaurantliquor licence;(c)a shebeen licence;(d)a club liquor licence;(e)a special liquor licence;(f)a temporary liquor licence;(g)a vineyard liquor licence; or(h)a parks on-consumptionliquor licence;“Permanent Secretary” means the Permanent Secretary: Trade and Industry;“premises” include -(a)immovable property and its appurtenances; and(b)the dining room of a train or other vehicle, in respect of which a licence has been granted;“prescribe” means prescribe by regulation;“private bar” means a bar at an accommodation establishment to which bar are admitted -(a)the guests lodging overnight at such accommodation establishment;(b)a person visiting a guest referred to in paragraph (a); or(c)persons taking a meal in the dining room or restaurant at such accommodation establishment;“proprietor” means the person who owns a business conducted in or on a licensed premises and who is responsible for the management of such business, whether through a manager or otherwise, and includes the holder of the licence concerned;“public bar” means a bar on the premises of a business conducted in terms of an on-consumption licence and to which the public is admitted;“public place” means any square, garden, park, recreation ground, show ground, rest camp or other open or enclosed space intended for the use, enjoyment or benefit of the public;“region” means a region established by the Establishment of the boundaries of regions and Local Authorities in Namibia Proclamation, 1992 (Proclamation 6 of 1992);“regional council” means a regional council established under section 2 of the Regional Councils Act, 1992 (Act 22 of 1992);“regulation” means a regulation made or in force under this Act;“refreshments” means non-alcoholic drinks or snack foods;“restaurant” means premises on which hot or cold meals on seated accommodation are provided to the public during the course of the day or evening, on at least five days a week, or, in the case of a guest farm, a rest camp, a caravan park or a safari undertaking, are provided to guests when lodging overnight at such guest farm, rest camp, caravan park or safari undertaking;“rest camp” means an accommodation establishment registered as a rest camp under the Tourism Ordinance;“safari undertaking” means an accommodation establishment registered as a safari undertaking under the Tourism Ordinance;“sealed container” means a closed container which cannot be opened without breaking or damaging such container, or any part, seal, adhesive label or other attachment of or to such container;“seat of the region” means the seat of the regional council of a region as specified in column 3 of Schedule 1 to the Regional Councils Act, 1992;“secretary” means the secretary of a Committee appointed in terms of section 25;“sell” includes to exchange, or to offer, display, keep, deliver, supply or dispose of for the purpose of selling, or to authorize, direct or allow to be sold, and “sale” has a corresponding meaning;“shebeen” means any premises exclusively or mainly used for the sale to, and the consumption on the premises by, the public of light liquor and refreshments, and includes a tavern, but does not include an accommodation establishment, restaurant or club, or any enterprise or undertaking referred to in section 7(1);“snack foods” means fresh or perishable foods, or packaged or non-perishable foods as may be prescribed;“spirituous liquor” means distilled substances of any description and also any liquor which contains more than sixteen per cent by volume of alcohol;“this Act” includes any regulation;“tombo” means the traditional or home-brewed alcoholic drink, also known as sorghum beer, made from a fermentation of mahango, sorghum or other cereal or vegetable matter, with or without additives;“tourist” means a tourist as defined in the Tourism Ordinance;“Tourism Ordinance” means the Accommodation Establishments and Tourism Ordinance, 1973 (Ordinance 20 of 1973); and“yeast” means any substance produced by the propagation of a fungus as a froth or sediment during the alcoholic fermentation of malt worts or other saccharine fluids, and which is used in the brewing of beer, in the leavening of bread or for medical purposes.Part I – LICENCES
2. Sale of liquor and kinds of licences
3. Hotel liquor licence
4. Restaurant liquor licence
5. Shebeen liquor licence
6. Club liquor licence
7. Special liquor licence
8. Temporary liquor licence
9. Bottle store licence
10. Grocery liquor licence
11. Wholesale liquor licence
12. Brewery depot licence
13. Distillery licence
14. Vineyard liquor licence
15. Parks liquor licence
Part II – LICENCE CONSIDERATIONS AND IMPOSING OF CONDITIONS
16. Consideration of licence applications
A Committee, a Committee Chairperson or a magistrate, as the case may be, shall, when considering an application for the granting of a licence under this Act -17. Imposing of conditions
A Committee, a Committee Chairperson or a magistrate, as the case may be, may, when granting any application for a licence, for an approval or for an authority under this Act, impose conditions which -18. Managers
19. Disqualified persons
No person shall be granted an application for, or hold any licence, authority or certificate under this Act, or act as a manager referred to in section 18, if such person -20. Contents of licence
A licence issued under this Act shall be in the prescribed form and shall contain full particulars in respect of -21. Duration and termination of licences
22. Fees
Part III – REGIONAL LIQUOR LICENSING
23. Application
Sections 24, 25, 26, 27, 28, 29, 30, 31, 32, 35, 36, 37, 38, 39 and 40 shall not apply to hotel liquor licences or parks liquor licences.24. Regional Liquor Licensing Committees
25. Secretaries of Committees
26. Proceedings of Committees
27. Applications to a Committee
28. Objections and submissions
29. Hearings by a Committee
30. Conditional authority for proposed or incomplete premises
31. Removal of licenses
32. Applications to a magistrate
33. Transfer of licences
34. Acquiring of controlling interest
35. Change of trade name of licensed premises
36. Leasing of licensed premises
37. Change of manager
38. Issue of licences or authorities
39. Registers of licences
Part IV – APPEALS
40. Liquor licensing appeals
41. The lodging and hearing of Appeals
[The word “Appeals” should not be capitalised.]Part V – LICENCE REQUIREMENTS AND RESTRICTIONS
42. Supply of non-alcoholic refreshments
43. No duty to trade
44. Other business on certain licensed premises
45. Consumption on and away from premises
46. Further off-sales conditions
47. Liquor to be sold during business hours only
A licensee or his or her employee or agent, or any other person acting on behalf of such licensee, shall not, except within the prescribed hours of business, sell, supply or deliver any liquor to any person other than a licensee.48. Brand reliability and alcohol content
No licensee shall sell -49. Display of licence and other notices
A licensee shall, when the licensed premises is open for business, prominently display in any part of the licensed premises which is open to the public -50. Alterations to licensed premises
No structural alteration or addition to any licensed premises shall be made without the approval in writing granted by -51. Managers of accommodation establishments
The manager of a hotel appointed under section 18 shall reside on the licensed premises in respect of which he or she is so appointed, unless the Committee Chairperson, in consultation with the Permanent Secretary: Environment and Tourism, upon an application made by the licensee in the prescribed form and manner, and subject to such conditions as the Committee Chairperson, in consultation with that Permanent Secretary, may determine, in writing grants an exemption for a specified period of time.52. Certain licence holders not to own certain other licensed businesses
53. Ties
54. Restriction on credit and payment
55. Supply of liquor to employees
No person shall supply any liquor to any person in his or her employ in lieu of, as part of or as supplementing, the employee’s wages or remuneration.56. Supply of alcoholic substances to persons under the age of 18 years
No licensee, or manager or employee of such licensee, shall, in the course of business conducted in terms of a licence, sell to any person under the age of 18 years, or supply such person with, any drink or substance which contains more than three per cent of alcohol by volume.57. Consumption of liquor in a public place
No person shall consume liquor in a public place.Part VI – CONTROL OF CERTAIN ALCOHOLIC SUBSTANCES AND PROHIBITIONS
58. Prohibited concoctions, brews and drinks
59. Prohibited production
No person shall manufacture or produce any alcoholic drink, brew or concoction by means of the process of the fermentation of sugar, treacle, malt or other substances, or by the distillation of a fermented or distillate product, which drink, brew or concoction contains more than three per cent of alcohol by volume, for the purpose of selling or supplying such drink, brew or concoction to any other person unless the person manufacturing or brewing such drink, brew or concoction holds a licence under the Brewers and Distillers Licences Duty Proclamation, 1924 (Proclamation 3 of 1924), or an excise permit under the Customs and Excise Act, 1964 (Act 91 of 1964), authorizing such person to manufacture or produce such drink, brew or concoction.[The Customs and Excise Act 91 of 1964 has been replaced by the Customs and Excise Act 20 of 1998. Section 130(2) of Act 20 of 1998 provides that anything done under a provision of Act 91 of 1964 which could have been done under a corresponding provision of Act 20 of 1998 shall be deemed to have been done under the corresponding provision of Act 20 of 1998.]60. Methylated spirit
The Minister may -61. Yeast
The Minister may -Part VII – CONTROL AND INSPECTIONS
62. Inspection of premises
63. Police powers of entry and seizure and to demand names of persons
64. Report by police or district health officer
65. Petition by residents
66. Temporary closure of licensed premises during tumult
67. Inspectors of premises
Part VIII – JUDICIAL MATTERS
68. Liability of licensees, managers and other persons
69. Death or disability of licensee or applicant
70. Offences by licensees or managers
A licensee or manager, or any person employed by or acting for or on behalf of a licensee or of a manager, who -71. Offences in general
72. Penalties
73. Forfeiture of seized liquor
Liquor or any other article seized under this Act or under the Criminal Procedure Act, 1977 (Act 51 of 1977), shall together with any vessel or vehicle in which such liquor is contained, stored or transported, be forfeited to the State, unless the person in whose possession such liquor or other article was when it was seized -74. Disposal of liquor on termination or cancellation of licence
75. Return of licence
If -Part IX – GENERAL AND SUPPLEMENTARY
76. Exempt transactions
This Act shall not apply to -77. Exemptions from licensing
The provisions of this Act relating to applications for and holding of licences shall not apply to -78. Condonation of defective applications
If -79. Regulations
80. ***
[section 80 repealed by Act 6 of 2016]81. Amendment of section 6bis of Act 74 of 1962, as amended by section 6 of Act 10 of 1991
Section 6bis of the Aviation Act, 1962, is amended -82. Substitution of section 1 of Proclamation 3 of 1924, as amended by section 2 of Ordinance 14 of 1937, section 1 of Ordinance 1 of 1938 and section 28 of Ordinance 47 of 1952
The following section is substituted for section 1 of the Brewers and Distillers Licence Duty Proclamation, 1924:“1.83. Amendment of section 2 of Proclamation 3 of 1924, as amended by section 3 of Ordinance 14 of 1937
Section 2 of the Brewers and Distillers Licences Duty Proclamation, 1924, is amended by the addition of the following subsection, the existing section becoming subsection (1):“(2) A court which convicts an accused of an offence in terms of subsection (1) shall, without notice to any person, but subject to section 35 of the Criminal Procedure Act, 1977 (Act 51 of 1977), declare any equipment used to commit an offence under that subsection and which was seized under the provisions of that Act, forfeited to the State.”.84. Substitution of section 3 of Proclamation 3 of 1924, as substituted by section 3 of Ordinance 9 of 1935
The following subsection is substituted for section 3 of the Brewers and Distillers Licences Duty Proclamation, 1924:“(3) The authorized revenue official for any magisterial district, or his or her deputy, may demand from the holder of any brewer’s licence or distiller’s licence under the provisions of this Proclamation who is carrying on business as a brewer or distiller in the aforesaid district, a return of sales made by [him] such licence holder [at] during any period to any holder of a [retail or club-licence under the provisions of the Liquor Licensing Proclamation, 1920 aforesaid] licence under the Liquor Act, 1998, and every such holder of a brewer’s or distiller’s licence who fails forthwith to comply with any such demand shall be guilty of an offence and liable on conviction to a fine not exceeding [twenty pounds] N$1 000 or in default of payment to imprisonment for any period not exceeding three months or to both such fine and such imprisonment.”.85. Substitution of section 3bis of Proclamation 3 of 1924, inserted by section 4 of Ordinance 14 of 1937
The following section is substituted for section 3bis of the Brewers and Distillers Licences Duty Proclamation, 1924:“3bis. The [Administrator] Minister of Trade and Industry may make, alter and revoke regulations, not being contrary to the provisions of this Proclamation, prescribing the forms of licences, notices, applications and other documents to be used, providing for returns to be made of the quantity of liquor sold, and generally for carrying out more efficiently the administration of this Proclamation, and may furthermore impose penalties for the breach of any regulation.”.86. Repeal of laws, savings and transitional provisions
87. Short title and commencement
History of this document
15 March 2023
30 January 2019
01 November 2016 this version
Amended by
Civil Aviation Act, 2016
29 July 2009
Amended by
Magistrates Amendment Act, 2009
20 July 2006
Amended by
Amendment of Fourth Schedule of Liquor Act
22 December 2001
Commenced by
Commencement of the Liquor Act, 1998
17 April 1998
03 April 1998
Assented to
Cited documents 11
Act 11
1. | Criminal Procedure Act, 1977 | 1937 citations |
2. | Local Authorities Act, 1992 | 1329 citations |
3. | Magistrates' Courts Act, 1944 | 983 citations |
4. | Regional Councils Act, 1992 | 390 citations |
5. | Public Service Act, 1995 | 308 citations |
6. | Legal Practitioners Act, 1995 | 249 citations |
7. | Hospitals and Health Facilities Act, 1994 | 99 citations |
8. | Public Holidays Act, 1990 | 76 citations |
9. | National Transport Corporation Act, 1987 | 29 citations |
10. | Racial Discrimination Prohibition Act, 1991 | 16 citations |
Documents citing this one 104
Gazette 61
Judgment 17
Proclamation 15
Government Notice 6
Act 4
1. | Child Care and Protection Act, 2015 | 55 citations |
2. | Gaming and Entertainment Control Act, 2018 | 52 citations |
3. | Civil Aviation Act, 2016 | 34 citations |
4. | Abolition of Payment by Cheque Act, 2022 | 2 citations |
Discussion Paper 1
1. | Discussion Paper on Locus Standi |
Subsidiary legislation
Title
|
Date
|
|
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Liquor Regulations, 2001: Amendment | Government Notice 262 of 2024 | 16 September 2024 |
Liquor Regulations, 2001 | Government Notice 142 of 2001 | 16 September 2024 |