Last Updated: 11 August 2023

[LIQ 2] Interpretation2 

2
In this Act, unless the context otherwise requires—
Authority

means a Divisional Liquor Licensing Authority established under section 5;

bar

in relation to any licensed hotel or tavern premises, includes any part of the hotel or tavern that is used principally or exclusively for the sale, supply and consumption of liquor;

Board

means the Central Liquor Board established under section 3;

club

includes a club duly registered under the Registration of Clubs Act 1932 and includes a club that has as its object, or one of its objects, participating in or promoting any sport or other recreational activity, otherwise than for gain;

conveyance

means any vessel, aircraft or other prescribed vehicle used for the transport of persons;

counsel

means a legal practitioner;

Division

means any of the 4 areas of Divisional administration under the administrative responsibility of a Divisional Commissioner;

Divisional Commissioner

means an administrative officer in charge of the Division in which the licensed premises are situated or in which it is intended to situate them;

hotel

means any premises used or intended to be used in the course of business principally for the provision to the public of—

  • (a)lodging; and
  • (b)liquor, meals and refreshments for consumption on the premise;
intended person

means any person in respect of whom it is intended to make an application for a prohibition order;

licence

means a licence to sell or supply liquor issued under this Act;

licensed premises

means any premises in respect of which a licence issued under this Act is in force;

licensee

means the holder of a licence granted under the provisions of this Act;

liquor

means any spirit, wine, ale, beer, porter, cider, perry, hop beer or any liquor of a strength exceeding 3% of proof spirit, but does not include methylated spirits;

local authority

means—

  • (a)for urban areas, the appropriate city or town council constituted under the Local Government Act 1972;
  • (b)for rural areas, the municipal council designated under section 6A of the Local Government Act 1972 or the Central Board of Health, as applicable;

[def am Act 31 of 2018 s 9, effective 1 August 2018]

Magistrate

means a Magistrate having jurisdiction in the Division in which the licensed premises are situated or in which it is intended to situate them;

methylated spirits

includes crude alcohol, power alcohol, rectified spirits, rectified spirits which have been de-natured to a prescribed standard under the Customs Act 1986, industrial spirits or any mixture of such alcohol or spirits; whatsoever;

nightclub

means licensed premises where music, dancing or other reputable entertainment is provided and members of the public gain access whether or not by purchase of a ticket for one period of permitted hours;

off-premises use

means the sale or delivery of liquor on or from premises described in a licence for consumption off the premises;

on-premises use

means the sale or supply of liquor for consumption on the premises or conveyance described in a licence;

plan

means a plan approved or certified by local authority of the licensed premises or the premises intended to be licensed which is to be supplied to the Central Liquor Board or an Authority under the provisions of this Act;

private hotel

means any premises (excluding a club) where meals are sold or supplied to paying resident guests and any premises not being a common lodging house or a house let as lodgings, where provision is made for more than 6 paying guests to be accommodated overnight;

prohibited person

means any person in respect of whom a prohibition order is in force;

prohibition order

means an order made under the provisions of Part 10, prohibiting the person named therein from drinking or being in possession of liquor;

registered medical practitioner

means a medical practitioner registered under the provisions of the Medical and Dental Practitioners Act 2010;

restaurant

means any premises in which meals are regularly supplied on sale to the public for consumption on the premises;

restricted area

in relation to any licensed premises, means any part of those premises so designated by the Central Liquor Board or an Authority to which persons under the age of 18 years are not to be admitted;

[def am Decree 13 of 2009 s 2, effective 19 May 2009]

shop

has the same meaning as in the Shop (Regulations of Hours) Act 2016 , and the term grocery shop means a shop whose principal business is the sale of groceries, frozen food, light pharmaceuticals, light hardware, and assorted household and personal goods;

supervised area

, in relation to licensed premises, means any part of those premises so designated by the Central Liquor Board or an Authority to which persons under the age of 18 years may not be admitted unless accompanied by a responsible adult; and

[def am Decree 13 of 2009 s 2, effective 19 May 2009]

tavern

means any premises used or intended to be used in the course of business principally for the provision to the public of liquor and other refreshments, but does not include an airport bar.