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LIQUOR LICENSING ACT, 1970 (ACT
331)
ARRANGEMENT OF SECTIONS
Section
PART I—MANUFACTURE OF SPIRITS
1. Licence to manufacture spirits
2. Inspection of stills
3. Regulations
4. Offences
PART II—SALE OF SPIRITS
5. Licence to sell spirits
6. Akpeteshie
7. Stock book to be kept
8. Invoices
9. Storage of spirits
10. Regulations
11. Offences
PART III—SALE OF WINE AND BEER
12. Licence to sell wine and beer
13. Regulations
14. Offences
PART IV—GENERAL
15. Young persons to be excluded
16. Power to demand name and
address
17. Police Officers
18. Offences
19. Liability of employer
20. Limitation of actions
21. Sale without licence in
special cases
22. Interpretation
23. Repeals and savings
SCHEDULES
First Schedule—Fees
Second Schedule—Fees
Third Schedule—Duty per gallon
Fourth Schedule—Fee
THE THREE HUNDRED AND THIRTY-FIRST
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE LIQUOR LICENSING ACT, 1970
AN ACT to consolidate the law
relating to liquor licensing.
DATE OF ASSENT: 2nd July, 1970
BE IT ENACTED by the Presidential
Commission and the National
Assembly in this present
Parliament assembled as follows:—
PART I—MANUFACTURE OF SPIRITS
Section 1—Licence to Manufacture
Spirits.
(1) No person shall manufacture or
commence to manufacture spirits
except under and in accordance
with a distiller's licence.
(2) The Minister responsible for
Finance may, after consultation
with the Minister, by executive
instrument direct that any
distiller or group of distillers
of refined spirit nominated in the
instrument be placed under the
control of the Excise Ordinance,
1953 (No. 31).
(3) The fees per annum payable for
a distiller's licence shall be
those set out in the First
Schedule.
Section 2—Inspection of Stills.
(1) An Inspector may enter at any
time any premises in respect of
which a distiller's licence is in
force.
(2) Any police officer in uniform
may enter at any time any premises
on which he has reasonable grounds
to suspect that spirits have been
or are being manufactured in
contravention of this Act.
(3) A person empowered to enter
premises under this section may—
(a) inspect the premises and any
still, spirits or other article
therein;
(b) require any person on the
premises to give any information
in his possession as to the
activities carried on in the
premises and the person by whom
they are carried on;
(c) take away a sample not
exceeding one-third of a pint from
any container of liquid found on
the premises.
Section 3—Regulations.
(1) The Minister may by
legislative instrument make
regulations—
(a) for the issue of distillers'
licences by the Minister, and the
conditions attached to and
duration of such licences;
(b) for the method of collection
of the fees payable therefor;
(c) designating persons to act as
Inspector for the purposes of
section 2;
(d) altering or revoking the fees
set out in the First Schedule;
(e) otherwise for carrying out the
principles and purposes of this
Part;
(f) for materials and apparatus
for distilling akpeteshie;
(g) for the storage of akpeteshie
for purposes of maturity.
(2) Regulations made under this
section may authorise the
inclusion in a distiller's licence
of a condition requiring that
spirits manufactured under the
licence be offered for sale to any
statutory corporation or other
person named for that purpose in
the regulations.
Section 4—Offences.
(1) Any person who—
(a) contravenes section 1 (1); or
(b) obstructs or fails to comply
with a requirement of any
Inspector or police officer in the
exercise of his powers under
section 2; or
(c) contravenes any condition
included in a distiller's licence,
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding five hundred
new cedis or to imprisonment not
exceeding one year, or to both and
any apparatus and spirits in
relation to which the offence was
committed shall be forfeited and
disposal of as the Court may
direct.
(2) In proceedings under this
section a document purporting to
state the results of an analysis
carried out by direction of the
Minister responsible for Health
shall be prima facie evidence of
the facts stated therein.
PART II—SALE OF SPIRITS
Section 5—Licence to sell Spirits.
(1) Subject to subsection (2), no
person shall sell spirits on any
premises or in the open, except
under and in accordance with one
of the following licences—
(a) a wholesale licence to sell
spirits in quantities of not less
than two gallons at a time, not to
be consumed on the premises, to
any person who holds a spirit
licence;
(b) a store licence to sell
spirits for consumption on or off
the premises;
(c) a hotel licence to sell
spirits within a hotel;
(d) a restaurant licence to sell
spirits to be consumed with a meal
in a restaurant;
(e) an occasional licence to sell
spirits on a special occasion at a
specified place;
(f) a bar licence to sell spirits
for consumption on the premises.
(2) Spirits manufactured by the
holder of a distiller's licence
may be sold by him—
(a) wholesale, on the premises on
which they were manufactured and
in any store remote from those
premises; and
(b) retail, in any such store,
subject to such conditions, if
any, as the Comptroller of Customs
and Excise may impose.
(3) The fees payable for a licence
under subsection (1) shall be
those set out in the Second
Schedule.
Section 6—Akpeteshie.
(1) No person shall sell
akpeteshie under any spirit
licence unless the licence is
expressly endorsed to authorise
the licensee to sell akpeteshie.
(2) A spirit licence may be
limited to the sale of akpeteshie.
(3) No spirit licence shall be
required for the sale of
akpeteshie to any statutory
corporation or other person
prescribed by regulations.
(4) A distiller of refined spirit
shall have a first option on the
purchase of all products of a
distiller of akpeteshie.
(5) The rate per gallon of the
duty payable on akpeteshie
produced shall be that set out in
the Third Schedule;
Provided that no duty shall be
payable on the sale by a
manufacturer of akpeteshie of his
products to a manufacturer of
refined spirit.
Section 7—Stock Book to be Kept.
(1) Every licensee shall enter
into a stock book to be kept by
him for that purpose a true record
of all spirits bought and sold by
him, and shall within seven days
after the expiration of every
month render to the police officer
in charge of the district in which
the licensee sells spirits a true
and accurate return in the form
prescribed by regulations,
showing—
(a) the quantity of each
description of spirits on hand at
the commencement of that month;
(b) the quantity of each
description of spirits bought or
sold by him during that month and
the names of persons from whom
such quantity was bought; and
(c) the stock of each description
of spirits remaining hand on the
last day of the immediately
preceding month.
(2) No licensee shall render a
return which is false or lacking
in any material particular.
(3) Any police officer not below
the rank of Inspector, and any
police officer authorised in
writing by a police officer not
below the rank of Inspector, may
at any time between the hours of 8
a.m. and 6 p.m. inspect the
stock-in-trade of any licensee and
require him to produce his stock
book for the purpose of comparing
the entries therein with such
stock-in-trade, and may seize any
spirits found in excess of the
stock shown in the stock book.
(4) The provisions of this section
shall not apply to locally
manufactured spirits.
Section 8—Invoices.
(1) A licensee shall retain and
produce on demand for inspection
by a police officer not below the
rank of Inspector all invoices
issued in respect of all purchases
of spirits.
(2) A licensee who sells spirits
to a purchaser in any quantity
except in tots shall cause to be
issued to that purchaser an
invoice bearing—
(a) the name and address of that
purchaser;
(b) the number of the licensee's
licence;
(c) the date of purchase,
and the licensee shall retain the
duplicate of the invoice and shall
on demand produce it to a police
officer not below the rank of
Inspector.
(3) The provisions of this section
shall not apply to locally
manufactured spirits.
Section 9—Storage of Spirits.
A
licensee shall not store spirits
in any place other than his place
of business.
Section 10—Regulations.
The Minister may by legislative
instrument make regulations—
(a) prescribing the method and
form of application for a licence
to sell spirits and the authority
to which the application is to be
made;
(b) prescribing the procedure
relating to the grant of a
licence, including the
consideration of objections to the
grant, and appeals to the Minister
from a grant or a refusal to grant
a licence;
(c) prescribing the form and
duration of the licence, the
method of collection of fees
payable therefor, the conditions
to be observed by a licensee and
the duties of a licensee;
(d) providing for the transfer of
a licence;
(e) prescribing permitted hours
and providing for all matters in
relation thereto;
(f) prescribing the time at or
within which the duty on
akpeteshie produced is to be paid,
the method of collection of such
duty, and the repayment of any
duty paid in error contrary to the
proviso to section 6(5);
(g) altering or revoking any of
the fees set out in the Second and
Third Schedules;
(h) providing for or prescribing
any other matter or thing which
the Minister considers expedient
for giving effect to the
provisions of this Act.
Section 11—Offences.
(1) Any person who contravenes
section 5 (1), 6 (1) or 9 or any
condition included in a licence to
sell spirits shall be guilty of an
offence and liable on summary
conviction to a fine not exceeding
one hundred new cedis.
(2) Any person who contravenes any
provision of section 7 or 8 shall
be guilty of an offence and liable
on summary conviction to a fine
not exceeding five hundred new
cedis or to imprisonment not
exceeding one year, or to both,
and any spirits seized under
section 7 in relation to which the
offence was committed may be
forfeited and disposed of as the
Court may direct.
(3) In the event of a second
conviction of a licensed person
under this section, his licence
shall be suspended for a year, and
in the event of a third or
subsequent conviction under this
section he shall be disqualified
from holding any such licence for
such period, not less than five
years in each case, as the Court
shall direct.
(4) A conviction for an offence
under this section shall be
endorsed on the licence, if any,
of the offender.
PART III—SALE OF WINE AND BEER
Section 12—Licence to sell Wine
and Beer.
(1) No person shall sell wine or
beer on any premises or in the
open, except under and in
accordance with one of the
following licences—
(a) a spirit licences granted
under section 5;
(b) an off-licence to sell wine
and beer not to be consumed on the
premises;
(c) an on-licence to sell wine and
beer which may be consumed on the
premises.
(2) The fee payable for a licence
to sell wine and beer shall for
every store be that set out in the
Fourth Schedule.
Section 13—Regulations.
The Minister may by legislative
instrument make regulations—
(a) prescribing or providing for,
in respect of licences to sell
wine and beer, all such matters as
may be prescribed or provided for
under section 10 in respect of
licences to sell spirits;
(b) altering or revoking the fee
set out in the Fourth Schedule.
Section 14—Offences.
(1) Any person who contravenes
section 12 (1) or any condition
included in a licence to sell wine
and beer shall be guilty of an
offence and liable on summary
conviction to a fine not exceeding
one hundred new cedis.
(2) Subsections (3) and (4) of
section 11 shall apply in the
event of a conviction under this
section as they apply to a
conviction under section 11.
PART IV—GENERAL
Section 15—Young Persons to be
Excluded.
(1) No holder of a licence to sell
spirits, wine or beer shall allow
any person under the apparent age
of eighteen years to be at any
time in the bar of the licenced
premises during permitted hours.
(2) Any licensee who contravenes
this section, and any person who
causes or procures any person
under the apparent age of eighteen
years to enter or to be in the bar
of any licensed premises during
the permitted hours, shall be
guilty of an offence and liable on
conviction to a fine not exceeding
fifty new cedis and in default of
payment to imprisonment not
exceeding one month.
(3) If a person under the apparent
age of eighteen years is found in
the bar of any licensed premises
during permitted hours, the holder
of the licence shall be deemed to
have committed an offence under
this section unless he shows that
he had used all due care to
prevent that person from being
admitted to the bar or the young
person had attained the age of
eighteen years.
(4) No licensee under this Act
shall sell any spirit, wine or
beer to any drunken person or
permit any disorderly or improper
conduct on his premises or any
part of the premises attached
thereto.
Section 16—Power to Demand Name
and Address.
(1) Any police officer in uniform
may demand the name and address of
any person found after the
permitted hours on any premises
licensed for the sale of spirits,
wine or beer, and, if he has
reasonable ground to suspect that
the name or address given is
false, he may require evidence of
its correctness.
(2) Any person who fails upon
demand to give his name and
address, or satisfactory evidence
of such name and address, may be
arrested by the police officer
without warrant and taken as soon
as practicable before a
magistrate.
Section 17—Police Officers.
No licensee under the Act shall
sell akpeteshie, spirits, beer or
wine to any police officer in
uniform.
Section 18—Offences.
Any person who—
(a) when required to give his name
and address under section 16,
fails to do so or gives a false
name or address; or
(b) not being an inmate, servant
or lodger, on premises licensed
for the sale of spirits, wine or
beer, or otherwise lawfully
permitted to be upon such
premises, is found on such
premises after the permitted hours
without reasonable excuse; or
(c) by falsely representing
himself to be a lodger, buys or
obtains, or attempts to buy or
obtain, spirits, wine or beer at
any premises after the permitted
hours,
shall be guilty of an offence and
liable on conviction to a fine not
exceeding twenty new cedis.
Section 19—Liability of Employer.
A
master or employer shall be liable
for an offence committed under
sections 4, 11, 14 or 18 by his
servant or agent in the course of
his employment.
Section 20—Limitation of Actions.
No prosecution shall be commenced
under this Act after the
expiration of six months from the
date of the offence.
Section 21—Sale without Licence in
Special Cases.
Nothing in this Act contained
shall prevent—
(a) the executor or administrator
of a deceased licensee or the
assignee or trustee of any
licensee who becomes insolvent or
bankrupt before the expiration of
his license, from selling any
spirits, wine or beer coming to
them in that capacity in the
premises specified in the licence;
or
(b) the executor or administrator
of any person not licensed who
dies leaving among his assets or
estate a private stock of spirits,
wine or beer not exceeding fifty
gallons from selling it; or
(c) any person from selling his
private stock of spirits, wine or
beer not exceeding twenty-five
gallons at any sale of his effects
on leaving Ghana; or
(d) any officer of or person
authorised by any court from
selling any spirits, wine or beer
seized or taken in execution under
due process of law.
Section 22—Interpretation.
In this Act, unless the context
otherwise requires—
"akpeteshie"
means spirits manufactured in
Ghana by the distillation of a
fermented liquid in a simple pot
still;
"bar" means any open drinking bar
on licensed premises or any part
of the licensed premises
exclusively or mainly used for the
sale and consumption of spirits,
wine or beer;
"beer" includes any description of
beer, and any liquor made or sold
as a description of beer or as a
substitute for beer and which
contains more than one per cent of
pure alcohol, but does not include
pito and other similar locally
brewed liquors;
"blend" means to mix the products
of two or more distillers to
obtain a uniform product;
"compound" means to mix an
ingredient or material with
spirits, but does not include
methylating;
"distiller" means any person who
produces spirits by the
distillation of fermented spirits
or by the distillation of
fermented spirits or by chemical
means and includes any person who
rectifies, compounds, blends or
methylates;
"licensee" means a person holding
a licence to sell spirits, wine or
beer under this Act;
"methylate"
means to mix non-potable methyl
alcohol and other substances with
spirits to render them
non-potable;
"Minister" means the Minister
responsible for Industries;
"permitted hours" means the hours
during which any licensed premises
are by regulations allowed to be
open for the sale of spirits, wine
or beer under this Act;
"premises" includes any store,
hotel or restaurant and the
curtilage thereof and any yard
attached thereto;
"rectify" means to purify spirits
by distillation,filtration or
other means;
"refined spirits" means spirits
produced by rectifying akpeteshie;
"sell" includes to dispose of by
barter, exchange or in any other
manner for valuable consideration;
"spirits" means akpeteshie,
brandy, gin, liqueur, rum,whisky
and all other distilled liquors
and includes all liquors mixed
with spirits and all mixtures,
compounds or preparations made
with spirits, but does not include
alcohols other than ethyl alcohol
and potable methyl alcohol and
medical preparations containing
alcohol;
"store" includes a house, shop and
every other building not being a
hotel, bar or restaurant;
"wine" does not include palm wine.
Section 23—Repeals and Savings.
(1) The following enactments are
hereby repealed—
Liquor Licences (Spirits)
Ordinance (Cap. 220).
Liquor Licences (Wine and Beer)
Ordinance (Cap. 221).
Young Persons (Exclusion from
Licensed Premises) Ordinance (No.
48 of 1952).
Liquor (Northern Territories)
Ordinance (No. 26 of 1953).
Liquor Licences Act, 1959 (No.
19).
Manufacture and Sale of Spirits
Act, 1962 (Act 154).
Manufacture and Sale of Spirits
(Amendment) Decree, 1967 (N.L.C.D.
209).
Manufacture and Sale of Spirits
(Amendment) Decree, 1968 (N.L.C.D.
219).
(2) Notwithstanding the repeal of
the Manufacture and Sale of
Spirits Act, 1962 (Act 154), all
statutory instruments made
thereunder and in force
immediately before the
commencement of this Act shall
continue in force as if made under
the corresponding provision of
this Act, until revoked, modified
or otherwise altered.
SCHEDULES
FIRST SCHEDULE
(Section 1 (3))
FEES
Ną
1. Fee for distiller's licence
40.00
2. Fee for distillers nominated
under section
1(2):
(a) distiller who methylates
only
10.00
(b) distiller who compounds or
blends only
20.00
(c) distiller who rectifies
only
40.00
(d) full distiller
60.00
SECOND SCHEDULE
(Section 5 (3))
FEES
Ną
1. For a wholesale licence
100.00 yearly or
50.00 half-yearly
2. For a store licence
80.00 yearly or
40.00 half-yearly
3. For a hotel licence
120.00 yearly or
60.00 half-yearly
4. For a restaurant licence
80.00 yearly or
40.00 half-yearly
5. For an occasional
licence
10.00
6. For a bar licence
80.00 yearly or
40.00 half-yearly
7. For an extension of
hours
1.00 for each
additional hour
8. For a wholesale licence limited
to the sale of akpeteshie
only 10.00 yearly
or 5.00 half-yearly
9. For a store licence limited to
the sale of akpeteshie only
10.00 yearly
or 5.00 half-yearly
THIRD SCHEDULE
(Section 6)
DUTY PER GALLON
40 Np
The duty on part of a gallon shall
be in proportion for any part of a
gallon. The strength of the
spirits shall be determined by the
Sykes' hydrometer.
FOURTH SCHEDULE
(Section 12 (2))
FEE
Ną12.00 for a yearly licence and
Ną6.00 for a half-yearly licence. |
