This Act was repealed on 2011-04-15 by Liquor Licensing Act, 2011.
Liquor Licensing Act, 1959
- Commenced on 16 January 1959
- [This is the version of this document at 31 December 1996.]
- [Repealed by Liquor Licensing Act, 2011 (Act 20 of 2011) on 15 April 2011]
Part I – Preliminary
1. Short titleThis Act may be cited as the Liquor Licensing Act.
2. InterpretationIn this Act, unless the context otherwise requires—"appropriate fee", in relation to any matter, means the fee specified in respect of such matter in the Schedule;"authorised officer" means an Administrative Officer or a police officer not below the rank of Sub Inspector;"bar", in relation to any licensed premises, means any open drinking bar or any part of such premises exclusively or mainly used for the sale and consumption of intoxicating liquor;"Board" means a Provincial Licensing Board established under the provisions of section eighteen;"denatured spirits" means an intoxicating liquor which by the addition of some substance has been rendered unfit for use as a beverage;"hotel" includes a boarding-house and any building or premises used for the accommodation of the public in which lodgings are provided and provisions are supplied by the keeper or manager thereof, but does not include any Government rest house nor any school nor any premises exempted from the provisions of the Hotels Act;[Cap. 153]"intoxicating liquor" includes any spirits, wine, ale, beer, porter, cider, perry, or other potable liquor containing more than three per centum of proof spirits, but does not include traditional beer as defined in the Traditional Beer Act;[Cap. 168]"licence" means a licence, other than a provisional licence, granted under the provisions of this Act;"licensed premises" means any premises, including a railway restaurant car, and a passenger vessel in respect of which a licence is in force;"licensee" means the holder of a licence;"licensing authority" means a Board or a licensing officer;"licensing officer", in relation to any District, means the senior Administrative Officer for the time being present at the administrative headquarters of such District;"local authority" means—(a)in the area of a municipal council, township council, mine township board or rural council, such council or board;(b)in any other area, the District Secretary for the District in which such area is situate;"meal" means substantial refreshment to which the sale of intoxicating liquor is ancillary;"officer in charge of police" has the meaning assigned to it by section two of the Zambia Police Act;[Cap. 107]"off-licence" means a wholesale liquor licence or a retail liquor licence;"on-licence" means a bar licence, an hotel liquor licence, a private hotel liquor licence, a restaurant licence, an airport licence or a theatre licence;"permitted hours" means those hours of the day during which intoxicating liquor may lawfully be supplied in licensed premises;"prescribed" means prescribed by regulations made under the provisions of this Act;"proof spirits" means spirits which, at a temperature of fifty-one degrees Fahrenheit, weigh twelve-thirteenth parts of an equal measure of distilled water, and intoxicating liquor referred to in this Act as containing more than three per centum of proof spirits includes intoxicating liquor containing over 1.713 per centum of alcohol by volume or 1.363 per centum of alcohol by weight;"protection order" means an authority to sell intoxicating liquor granted under the provisions of section thirty;"provisional licence" means a licence of which a provisional grant has been made under the provisions of section twenty-three and of which such provisional grant has not been declared final under the said section;"register" means a register of licences kept under the provisions of section thirty-two;"restricted licence" means a licence which does not permit the sale of spirits;"sealed", in relation to a container or vessel, means hermetically sealed or closed with a plug, stopper or cap and so secured that the container or vessel cannot be opened without the destruction of such plug, stopper or cap or of some other substance;"spirits" includes distilled liquors of any description, and all mixtures, compounds and preparations made with such liquors, and any fermented liquor containing more than fifty per centum of proof spirits;"Tribunal" means the Appeal Tribunal established under the provisions of section thirty-seven.[As amended by No. 45 of 1961, No. 26 of 1963, G.N. Nos. 304 and 502 of 1964, S.I. No. 91 of 1965, No. 69 of 1965, No. 25 of 1969, and No. 24 of 1977]
Part II – Types of licences
4. Types of licences
5. Wholesale liquor licence
6. Retail liquor licence
7. Bar licence
8. Hotel liquor licence
9. Private hotel liquor licence
10. Restaurant licenceA restaurant licence shall authorise the sale, on the licensed premises, of intoxicating liquor in any quantity to any person taking a meal in such premises at any hour of the day or night if such liquor is consumed at such meal.
11. Railway restaurant car licenceA railway restaurant car licence shall authorise the sale, on the car so licensed, of intoxicating liquor in any quantity for consumption on the train at any time in the day or night to any bona fide passenger on such train.
12. Passenger vessel licence
13. Airport licenceAn airport licence shall authorise—
14. Theatre licenceA theatre licence shall authorise the sale, in any cinema or in any other place or building of which a portion is used as a place of entertainment, of intoxicating liquor for consumption on the licensed premises to members of the audience, the staff and the players from one half-hour before to one half-hour after any performance.
15. Temporary licenceA temporary licence shall authorise the sale, on the premises specified in the licence, of intoxicating liquor in any quantity for consumption on the premises, at any place of recreation or public amusement or other assembly for the period, not exceeding three days, during which such recreation, amusement or assembly continues or for any less period specified in the licence, subject to such restrictions and conditions as to the hours during which intoxicating liquor may be supplied or otherwise as may be inserted in the licence.
15A. Club licence
16. Restricted licences
16A. Prohibition of the grant of licences
Part III – Establishment and powers of Licensing Boards
17. Grant and renewal of licences
17A. Prohibition of grant of licences
18. Establishment of Boards and procedure at meetings
19. Restrictions upon grant of licences
20. Application for grant or renewal of licence
21. Notice of intention to objectAny person who intends to oppose an application for the grant, renewal, transfer or removal of a licence shall give notice in writing of his intention to the applicant and to the licensing authority concerned, specifying in general terms the grounds of his opposition, and including an address at which service of notices and other documents may be made, not later than fourteen days after the last publication of the notice referred to in subsection (4) of section twenty, and unless such notice of intention has been so given the licensing authority shall not entertain such objection.[As amended by No. 35 of 1960 and No. 45 of 1961]
22. Grounds for refusal of licences
22A. Power of President to revoke licences
23. Provisional grant of licence
24. Application to lapse in certain circumstancesWhere on an application the Board has decided to grant or renew a licence and the appropriate fee for such grant or renewal has not been paid within thirty days from the date upon which the Board has notified the applicant of its decision, such application shall lapse.[No. 35 of 1960]
25. Renewal of licences
26. Notification of grounds of refusal, etc.A licensing authority shall, at the request of an applicant other than an applicant for a temporary licence, inform such applicant of the grounds on which the grant or renewal of a licence has been refused or conditions have been imposed.
27. Extension of permitted hours
Part IV – Transfer and removal of licenses
28. Transfer of licences
29. Power to carry on business after death, etc., of licensee
30. Protection order
31. Removal of licence
Part V – Licence registers
32. Register of licences
33. Registration of owner
34. Register to be evidence
35. Regard to be had to registerOn any application for the grant, renewal, transfer or removal of a licence, the licensing authority concerned shall have regard to any entries in the register relating to the person by whom or the premises for which the licence is to be held.
36. Inspection of registerAny register shall be open to inspection by members of the public at all reasonable times upon payment of the appropriate fee:Provided that no public officer shall be required to pay any fee for inspection of a register.
Part VI – Appeals
37. Establishment of Tribunal
38. Appeal to Tribunal
39. Appeal to High Court
Part VII – General provisions regulating sale of intoxicating liquor
40. Selling liquor without licence
41. Prohibition of sale, etc., of liquor except during permitted hours
42. Liquor of kind not authorised by licence not to be kept on premisesIf the holder of a restricted licence has in his possession on the licensed premises any spirits without reasonable excuse, he shall be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding three hundred penalty units and, on a subsequent conviction, to a fine not exceeding six hundred penalty units, and in either case shall forfeit such spirits and the vessels containing it.
43. Delivery of liquor
44. Breach of terms of off-licence
45. Persons under eighteen years not to be employed in bars
46. Restriction on sale, etc., of liquor to children
47. Restriction on sale of liquor to young persons for consumption on premises
48. Restriction on credit sales
49. Communication between licensed premises and places of public resort
50. Consent of Board for certain alterations
51. Particulars to be affixed to premises, etc.
52. Licensee not to permit drunkenness, etc.
53. Procuring drink for drunken persons
54. Power to exclude drunkards, etc., from licensed premises
55. Permitting licensed premises to be a brothel
56. Permitting licensed premises to be resort of prostitutes
57. Gaming on licensed premises
58. Offences in relation to police officersIf a licensee—
Part VIII – Special provisions regarding passenger vessel licences on Lake Kariba
59. Interpretation for purposes of Part VIIIFor the purposes of this Part, unless the context otherwise requires—[No. 45 of 1961]"crew" includes any person employed in a passenger vessel;"Lake Kariba" means the area of water formed by the construction of the dam at Kariba Gorge;"licensed passenger vessel" means a passenger vessel in respect of which there is in force a licence granted under the provisions of this Act or a currently valid licence for the sale of intoxicating liquor on a passenger vessel granted under the laws of Southern Rhodesia;"master" means any person having for the time being command or charge of a passenger vessel;"open water" means that area of Lake Kariba which is not within one hundred yards of the shore of Lake Kariba.
60. Application of Part VIII
61. Licensing authority for Lake Kariba
62. Restrictions upon the grant, renewal or transfer of passenger vessel licenses
63. Grounds for refusal of licencesThe Board for the Southern Province may refuse to grant or renew any passenger vessel licence upon any of the following grounds:
64. ConditionsA passenger vessel licence shall be subject to such conditions as to the standards in the quality of the services to be provided in the passenger vessel as the Board for the Southern Province may think fit to insert in the licence.
65. Permitted hours and places under a passenger vessel licenceA passenger vessel licence issued under this Part shall authorise the sale of intoxicating liquor on a licensed passenger vessel—
66. Breach of conditions of passenger vessel licence
67. Right to go aboard and inspect vessels
68. Application and modification of sections 20, 28, 30, 41, 45, 47, Part VII, sections 69, 76, 80 and 81In the application of Lake Kariba of—
Part IX – Supplemental
69. Closing of premises in case of riot
70. Forfeiture of licence by the Minister
71. Disposal of stock in hand where a licence is forfeitedWhere a licence is forfeited under any provision of this Act, the licensing officer of the District in which the licensed premises concerned are situate or, in the case of a passenger vessel licence, the licensing officer of the District in which any port at which the vessel concerned calls is situate, shall, upon the application of the licensee whose licence is forfeited, in writing permit the licensee to dispose of his stock in hand at the date the forfeiture takes effect during the period of one month from that date, and thereupon the provisions of this Act relating to the regulation, government or control of licensees shall, during that period, apply to the person so permitted as they apply to a licensee.[No. 17 of 1967]
72. Power to require structural alterations
73. Restrictions on carrying on other businessThe holder of an on-licence shall not, except with the written consent of the licensing authority concerned, carry on any other business on his licensed premises except that connected with the conduct of an hotel or restaurant or the sale of light refreshments or of tobacco, tobacco products, mineral waters and matches, and any licensee who carries on any business in contravention of the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding three hundred penalty units.[As amended by Act No. 13 of 1994]
74. Sale of tobacco, etc.Notwithstanding the provisions of any written law for the time being in force relating to trading licences, the holder of any licence for the sale of liquor for consumption on the premises may, on those premises and during the permitted hours, carry on the business of the sale of tobacco, tobacco products, mineral waters, chocolates, sweets and matches without a trading licence.
75. Proof of licences, etc.
76. Evidence of sale, etc.
77. Right of police officers to enter premises
78. Search warrant
79. Offences and forfeitures
80. Notice of conviction of licensee to be given to owner
81. Temporary licence pending appeal
82. Powers of MinisterThe Minister may from time to time, by statutory instrument, prescribe any matter which he may deem necessary or expedient to prescribe for the purpose of giving effect to the objects of this Act, and in particular, but without derogating from the generality of the foregoing, declare any area to be a prescribed area and exempt any person or class of persons from the application of any provision of this Act or from the payment of all or any part of the appropriate fee.[As amended by Act 53 of 1968, 47 of 1970 and 6 of 1983]
History of this document
15 April 2011
Repealed by Liquor Licensing Act, 2011
31 December 1996 this version
16 January 1959