CHAPTER 121 - Liquor Licensing (Repealed) Act
(Repealed by Alcoholic Drinks Control Act, No 4 of 2010)
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LAWS OF KENYA
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THE LIQUOR LICENSING ACT
CAP. 121
Published by the National Council for Law Reporting
With the Authority of the Attorney-General
THE LIQUOR LICENSING ACT
CHAPTER 121
Commencement Date: 1957-11-05
An Act of Parliament to make provision for regulating the sale and supply of liquor, and for matters incidental thereto and connected therewith
PART I - PRELIMINARY
Citation
1. This Act may be cited as the Liquor Licensing Act.
Application.
L.N. 87/1964,
L.N. 103/1965.
Cap. 366.
Cap. 244.
Cap.526.
2. This Act shall not apply to -
(a) the bona fide administration or sale for purely medical purposes, and in accordance with any written law for the time being in force governing the administration and sale of medicine, by a medical practitioner, a veterinary surgeon registered under the Veterinary Surgeons Act or a pharmacist registered under the Pharmacy and Poisons Act, of a medicine containing liquor;
(b) the sale of spirituous or distilled perfume, or perfumery;
(c) the sale of industrial alcohol;
(d) the sale by auction by an auctioneer, licensed under the Auctioneers Act, of liquor in quantities not less than those authorized to be sold under a wholesale liquor licence belonging to a wholesale dealer, on the licensed premises of the dealer;
(e) the sale by a deceased person's legal personal representative of liquor forming part of the estate of the deceased person;
(f) the sale by a trustee in bankruptcy of liquor forming part of the bankrupt's estate;
(g) the sale by the liquidator of a company of liquor forming part of the company's assets;
(h) the sale of liquor at Parliament Buildings, if sold with the permission of the Speaker of the National Assembly;
(i) the sale of liquor to the members only of any canteen, club, institute, mess or similar institution of -
(i) the Armed Forces of Kenya;
(ii) the Kenya Police Force or the Kenya Police Reserve;
(iii) the Kenya Prisons Service;
(iv) the Administration Police Force:
Provided that this paragraph shall not apply to any such canteen, club, institute, mess or similar institution conducted by any person for personal profit;
(j) the sale of liquor on board a vessel in harbour (other than a harbour on an inland water) to any passenger or officer or member of the crew of such vessel, for consumption therein.
Interpretation.
L.N, 87/1964
29 of 1967, 1st Sch.
Cap. 122.
A 17 of 2006
3. In this Act, unless the context otherwise requires -
"application" means an application for the grant, renewal, transfer or removal of a licence of any description other than a temporary liquor licence or a temporary extension liquor licence;
"to bottle" means to put liquor into bottles or other containers for the purpose of sale, whether by wholesale or retail, in those bottles or containers, and "bottler" shall be construed accordingly;
“industrial alcohol" means spirits, specially denatured spirits and mineralized methylated spirits or any such spirits with which any substance is mixed, but does not include liquor;
"licence" means a licence for the sale of liquor, granted under section 17;
"licensed premises" means premises in respect of which a licence is in force;
"licensee" means the holder of a licence;
"licensing area" means the Nairobi Area and any area declared by the Minister, by notice in the Gazette, to be a licensing area for the purposes of this Act;
"licensing court" means a court appointed under section 4;
"liquor" means any spirit, wine, ale, beer, porter, cider, perry or hop beer, or any liquor containing more than two per centum by weight of absolute alcohol, or any other liquor which the Minister may, by notice in the Gazette, declare to be liquor for the purposes of this Act, but does not include industrial alcohol;
"off-licence" means a licence for the sale of liquor to be consumed elsewhere than on the premises;
"on-licence" means a licence for the sale of liquor to be consumed on the premises;
"premises", in relation to a railway restaurant car liquor licence, or any application for such licence, means the train to which the restaurant car is attached;
"sell" includes, in the case of a members' club, supply;
"spirituous liquor" means liquor manufactured by any process of distillation.
"traditional liquor" means-
(a) any intoxicating liquor manufactured by traditional African methods, other than distillation, which is offered, or intended to be offered, for sale in a state of continuing fermentation without further processing; or
(b) such other intoxicating liquor manufactured in Kenya otherwise than by distillation, as the Minister may, by notice in the Gazette, declare to be traditional liquor for the purposes of this Act.
Appointment and procedure of licensing courts.
L.N.103/1965,
10 of 1969, Sch.
4 of 1973, Sch.
4. (1) There shall be for every licensing area a licensing court to consider and determine applications and the cancellation of licences.
(2) Each licensing court shall consist of -
(a) one District Commissioner, being the District Commissioner of any district the whole or any part of which is situated within the licensing area, who shall be appointed by the Minister* and who shall be chairman thereof;
(b) one person appointed by every municipal council and county council having jurisdiction in the licensing area; and
(c) not less than three nor more than seven residents of the licensing area, appointed by the Minister*:
Provided that the chairman of the licensing court for the Nairobi Area shall be the Provincial Commissioner for the Nairobi Area.
(3) Every member of a licensing court appointed under paragraph (b) or paragraph (c) of subsection (2) shall vacate his office on the 31st December in the year of his appointment, but shall be eligible for reappointment.
(4) The quorum of a licensing court shall be three.
(5) If the chairman of a licensing court is for any reason temporarily unable to perform his duties as such, he or the Minister may authorize in writing any public officer to perform the duties of the chairman during the period of his disability.
(6) In the absence of the chairman, or a public officer authorized under subsection (5), from any meeting of a licensing court, the members present may elect one of their number to preside, and any person so elected shall, for the purposes of that meeting, have all the powers, duties and obligations conferred and imposed on the chairman by virtue of this Act.
(7) The chairman of a licensing court shall have a deliberative vote and, in case of an equality of votes, shall also have a casting vote.
(8) Subject to this Act, the procedure at each meeting of a licensing court shall be regulated by the chairman.
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*Power delegated to the Permanent Secretary of the Ministry (L.N.539/1957).
Persons not eligible to be members of licensing courts.
5.(1) The following persons shall not be eligible to be appointed members of a licensing court, and any such person who knowingly acts or sits as a member thereof whilst so disqualified shall be guilty of an offence and liable to a fine not exceeding three thousand shillings -
(a) the holder of any licence for the sale, manufacture or distillation of liquor;
(b) a person having a pecuniary interest in a partnership, company or society which is a licensee, being a person who has not declared that interest to the Minister and obtained the Minister's permission to act or sit as a member;
(c) a paid officer or paid agent of a partnership, company or society interested in the sale, or in the prevention of the sale, of liquor.
(d) a person employed directly or indirectly as an agent for the purpose of making application for a licence for any other person, or any partner of a person so employed as an agent;
(e) an agent or manager of, or a partner in, any trade or calling carried on upon premises licensed, or in respect of which a licence has been applied for, or the owner, lessor or mortgagee of those premises;
(f) an undischarged bankrupt;
(g) a person who, in Kenya or elsewhere, has been sentenced to imprisonment without the option of a fine and who has not received a pardon therefor.
(2) The fact that a person is a member of a club or local authority which is licensed under this Act shall not of itself disqualify him from being a member of a licensing court.
(3) No action of a licensing court shall be affected by -
(a) any vacancy in the membership thereof; or
(b) any defect afterwards discovered in the appointment or ualification of a person purporting to be a member thereof.
Meetings of licensing courts.
6 of 1981, s. 7.
6. (1) A meeting of each licensing court shall be held on the second Monday in the months of May and November in each year, or, if unavoidably prevented, as soon thereafter as is possible, for the purpose of considering all applications in respect of which notice has been given under this Act, and the cancellation of licences.
(2) The Provincial Commissioner of any province in which a licensing court has been established may, in any case where he thinks fit, and shall, when required so to do and upon payment to the licensing court of the sum of one thousand shillings by the applicant, authorize the holding of a special meeting of the licensing court,
(3) A licensing court may from time to time adjourn its meetings as it thinks fit:
Provided that no such adjournment shall extend beyond a period of one month after the date of the meeting of the licensing court at which the matter adjourned was first considered.
Proceedings by or against licensing court members.
21 of 1966, 1st Sch.
7. (1) The Attorney-General, or any person duly entitled to practice in any court in Kenya in connexion with the duties of his office and holding office in the Attorney-General's chambers or any person appointed by the Attorney-General in writing for that purpose, may appear for and on behalf of the members of a licensing court in any legal proceedings by or against such members in their capacity as such members.
(2) All costs awarded to the members of a licensing court in any proceedings referred to in subsection (1) shall be paid into the Consolidated Fund, and all costs awarded against those members shall be paid out of moneys provided by Parliament.
Application for licence.
29 of 1967, 1st Sch.,
4 of 1973, Sch.
6 of 1981, s. 7.
8. (1) Save as otherwise provided in this Act, any person desiring to make an application shall apply in the prescribed form to the chairman of the appropriate licensing court; all the applications shall be delivered to the chairman of the licensing court before the 25th March if they are to be considered at the May meeting of the court, or before the 25th September if they are to be considered at the November meeting of the court:
Provided that, where an application is through inadvertence not delivered in due time, the chairman of the licensing court may, if he thinks fit, and if the application is received not less than thirty days before the next ordinary meeting of the court, accept such application for consideration by the licensing court at its next meeting or any adjournment thereof, upon payment by the applicant of a sum of three hundred shillings, and upon such terms as to notice as he may order.
(2) A person making an application as aforesaid shall, if he has been sentenced to imprisonment without the option of a fine in Kenya or elsewhere and has not received a pardon therefor, or has been convicted of an offence under this Act or any Act at any time in force regulating the sale of liquor, give, in his form of application, full particulars of the offence of which he was convicted, of the court by which he was convicted, of the date of the conviction and of the penalty imposed by the court.
(3) The chairman of a licensing court shall, not less than twenty-one days before a meeting of the court at which applications for licences are to be considered, by notice in the Gazette, specify the time, date and place of the meeting, and, for each district which lies wholly or partly within the licensing area of the court, the address of the District Commissioner's office at which a notice setting forth the names of the applicants, the types of licences applied for and the premises in respect of which the licences are applied for may be inspected.
(4) The chairman of a licensing court shall, not less than twenty-one days before a meeting of the court at which applications for licences are to be considered, prepare a notice setting forth the names of all applicants, the types of licences applied for, the premises in respect of which the licences are applied for and the time, date and place of the meeting, and shall forthwith cause a copy of the notice -
(a) to be published, at the office of the District Commissioner, in each district which lies wholly or partly within the licensing area of the court, for a period of not less than twenty-one consecutive days immediately preceding the day of the meeting; (b) to be posted in some conspicuous place at or near the licensing court premises;
(c) to be sent to every member of the licensing court;
(d) to be sent to the Commissioner of Police, or to such police officer as the Commissioner of Police may have notified the chairman that he has appointed to receive it on his behalf;
(e) to be sent to the medical officer of health of the district in which the premises in respect of which the licences are applied for are situated; and
(f) to be sent to the local authority of the area in which the premises in respect of which the licences are applied for are situated.
(5) It shall be the duty of the Commissioner of Police or, as the case may be, of the police officer appointed under paragraph (d) of subsection (4), and of the medical officer of health, before the hearing of the application to report as fully as possible to the licensing court on all matters which may be relevant to the consideration of the application.
(6) No licence shall be invalid merely by reason of the fact that the provisions of this section have not in all respects been complied with.
Assurance that licence will be issued in certain circumstances.
4 of 1973, Sch.
9.(1) Where premises are about to be constructed or reconstructed or are in course of construction or reconstruction for the purpose of being used for the sale of liquor for consumption on such premises, any person having an interest in the premises may apply in the prescribed form to the chairman of the appropriate licensing court for an assurance that, on the completion of the construction or reconstruction, a licence of the type to be specified in the application will be granted in respect of such premises.
(2) The provisions of section 8 shall apply to such applications, which shall be accompanied by a signed copy of the plans of such premises.
(3) The licensing court may, subject to such reasonable conditions as it may therein include, give to the applicant an assurance in the prescribed form that, on the completion of the premises, a licence of the type specified therein will be granted, or it may refuse to give such an assurance.
(4) Where such an assurance has been given by the licensing court, the chairman of the court shall, on any date, on being satisfied that the premises have been completed in accordance with the signed plans submitted under sub section (2) and that any conditions which may have been imposed in the assurance have been complied with, issue to the applicant a licence of the type specified in the assurance in respect of the premises :
Provided that any assurance shall become ineffective and the chairman shall not issue a licence if, between the date of the giving thereof and the date of completion of the premises, the applicant becomes a person to whom, in accordance with section 14, a licence may not be granted.
Objections.
4 of l973 Sch.
10. (1) Any person may lodge objection to an application.
(2) Every objection to an application shall be made in writing to the chairman of the licensing court, and the objector shall serve notice of the grounds of the objection on the applicant, personally or by post, at least seven days before the hearing of the application, and the onus of proof of such service shall be on the objector.
Procedure at hearing.
Cap. 63.
11. (1) Every person making an application shall, save as otherwise provided, appear in person or by an advocate before the licensing court, and shall satisfy the licensing court that there is need for the grant of a licence of the type applied for in the particular locality in respect of which the application is made.
(2) A licensing court may require the personal appearance before it of the applicant, or of the manager of the premises to which the application relates, or of both of them, and of any other person whose attendance is considered by the court to be necessary.
(3) Any objector may appear personally or by an advocate at the hearing of the application.
(4) A local authority may authorize, in writing, any person to appear before any licensing court having jurisdiction in any part of the area within the jurisdiction of the local authority for the purpose of representing the inhabitants of that part in respect of any objection lodged to an application.
(5) Where any licensing court deems it necessary to take evidence respecting any question to be determined by the court, such evidence shall be given on oath, and the chairman shall be empowered to administer oaths.
(6) For the purposes of Chapter XI of the Penal Code (which concerns offences relating to the administration of justice), all proceedings before a licensing court shall be deemed to be judicial proceedings.
(7) Every licensing court shall maintain records of all its proceedings, and, in particular, of the purpose for which an application was made, and notes of the evidence given and of the arguments adduced and the decision of the court thereon:
Provided that no decision shall be quashed on appeal solely by reason of any omission or error in such record, unless it appears that a substantial miscarriage of justice has thereby been occasioned.
Objection by licensing court.
12. (1) A licensing court may of its own motion take notice of any matter or thing which, in the opinion of such court, constitutes an objection to an application, whether or not any objection has been otherwise lodged.
(2) Where in respect of an application a licensing court acts in pursuance of subsection (1), such court shall inform the applicant of the nature of the objection, and shall, if the applicant so requests, adjourn the hearing for such period, not being less than seven days, as the licensing court deems necessary to enable the applicant to reply thereto.
When new on-licence will be refused.
13. A licensing court shall not grant a new licence for the sale of liquor to be consumed on the premises unless such court is satisfied -
(a) that it would be in the public interest for provision to be made for the sale of liquor for consumption on the premises in the particular locality in respect of which the application is made, and that the number of such premises in respect of which such licences have already been granted is insufficient for the requirement of the locality; and
(b) that the premises in respect of which the application is made are in good repair and are in a clean and wholesale condition, and are provided with adequate and proper sanitary arrangements.
Persons to whom licences or transfers shall not be granted.
14. A licensing court shall not grant a new licence or transfer a licence to any person who -
(a) has failed to satisfy the court, if called upon to do so, of his good character and standing; or
(b) has been convicted of selling liquor without a licence or offering or exposing it for sale, or of any offence against any law for the time being in force relating to the distillation, manufacture, sale or use of industrial alcohol, or
(c) has been convicted of an offence and sentenced to imprisonment without the option of a fine in Kenya or elsewhere for a period in excess of six months: or
(d) in the case of a retail licence, is not resident in Kenya; or
(e) is under twenty-one years of age; or
(f) is an undischarged bankrupt.
Restrictions on granting or removing certain licences.
15. A licensing court shall not grant or remove a licence if such grant or removal would result in the existence in the same premises of both a wine merchant's and grocer's liquor licence and a malt and non-spirituous liquor on-licence.
When licences shall not be renewed.
16. A licensing court may refuse to renew an existing licence only when such court is satisfied that -
(a) the licensee is not a fit and proper person to hold the licence; or
(b) the licensee has been convicted of an offence under this Act or any Act at any time in force regulating the sale of liquor; or
(c) has been convicted of an offence and sentenced to imprisonment without the option of a fine in Kenya or elsewhere for a period in excess of six months; or
(d) the business to which the licence relates is conducted in an improper manner; or
(e) the conditions of the licence have not been satisfactorily fulfilled; or
(f) the premises to which the licence relates are not in a proper state of repair, or are not provided with proper sanitary arrangements, or do not comply with the reasonable requirements of the medical officer of health, and the owner of the premises or the licensee refuses or is unable to give satisfactory guarantees that the necessary repairs will be carried out, or due compliance effected, as the case may be, within a time specified by the licensing court.
General provisions as to grant, renewal, transfer or removal of licences.
4 of 1973, Sch.
17. (1) Except as otherwise provided in this Act, a licensing court may, subject to sections 13, 14, 15, 16, 23 and 24, grant, renew, transfer or remove a licence, and may embody therein such conditions as it may deem appropriate, or it may refuse to grant, renew, transfer or remove a licence.
(2) Every licence and every renewal, transfer, removal or cancellation thereof shall be sufficiently authenticated by writing under the hand of the chairman of the licensing court, or of any public officer authorized by him in writing in that behalf.
(3) Every licence and every renewal, transfer or removal thereof shall be subject to the payment of such fee or fees as may be prescribed, and shall expire on the 30th June or the 31st December in the year of issue, as the case may be:
Provided that, where an application for the renewal of a licence has been made and the licensing court has not by the 30th June or the 31st December reached a decision thereon, such licence shall continue in force until the decision of the licensing court is made known.
Appeal against refusal to renew or transfer licence.
18.(1) An applicant whose application to renew or transfer a licence has been refused may within twenty-one days of such refusal appeal against such refusal to the High Court.
(2) The High Court on an appeal under this section may confirm the refusal or may grant the renewal or transfer in the same way as the licensing court could have granted it and the judgment of the High Court on such appeal shall be final.
Returns of licences.
29 of 1967, 1st Sch.
4 of 1973, Sch.
19. (1) The chairman at any meeting of a licensing court shall, within seven days after such meeting or any adjournment thereof is concluded, cause to be published at the office of the District Commissioner of each district any part of which is situated within the licensing area for which the court has been appointed for a period of not less than twenty-one days a return signed by him specifying the names and addresses of all persons to whom, and the situation of the premises in respect of which, licences have been granted, renewed, transferred or removed in the respective districts at that meeting, and the nature of such licences, and the names of all persons whose licences have been cancelled, and shall at the same time cause a copy of each such return to be for warded to the Commissioner of Police or to such police officer as the Commissioner of Police may have notified the chairman that he has appointed to receive it on his behalf, together with a return showing with reference to that meeting the number of licences in force immediately prior thereto and the number of licences respectively renewed, transferred, granted and refused thereat.
(2) Where any person has lodged any objection to an application under this Act, the licensing court shall notify such person of the decision of the court on such application.
Licences to corporations.
20. (1) A licence issued to a body corporate shall be issued in the name of the body to the secretary thereof.
(2) No transfer of a licence issued to a body corporate shall be necessary on any change in the office of secretary, but any person for the time being holding such office shall be entitled to the privileges granted by, and shall be subject to the duties and liabilities imposed upon the holder of, such licence.
Renewal of unsuccessful applications, etc.
21. Where an application for a licence has been refused, or a licence has been cancelled, no subsequent application by the former applicant or licensee for a licence of the same description, whether in respect of the same premises or not, shall be considered by a licensing court during the period of six months from the date of such refusal or cancellation, except at the absolute discretion of the chairman of the licensing court.
Types and contents of licence.
36 of 1962, s. 2.
22. (1) The several licences which may be granted under this Act shall be those specified in the Schedule, and the provisions of that Schedule and of any rules made under this Act shall have effect in relation to the respective licences therein specified.
(2) Save as otherwise provided in this Act, no licence may be granted so as to be applicable to more premises than one.
(3) A licensing court shall, when a licence is granted, renewed or removed, include in the licence a sufficient description of the premises to which the licence applies.
PART IV - TRANSFER AND REMOVAL OF LICENCE
Transfer of licence to another person.
23. (1) Where a licensee sells or leases or otherwise disposes of the premises specified in his licence, he may apply in writing to the chairman of the appropriate licensing court for the temporary transfer of his licence to the purchaser or lessee or otherwise of such premises, and the chairman may, if he thinks fit, grant a temporary transfer of such licence, to be valid only until the next meeting of the licensing court, by an endorsement thereon, under his hand, specifying the name of the temporary licensee.
(2) Where a licence has been temporarily transferred under subsection (1), the person to whom the same has been transferred shall make application to the licensing court at the next ordinary meeting of the court for the grant of the appropriate licence, and sections 8, 10, 11, 12 and 14 shall apply to and in respect of the application.
(3) A licensing court shall grant to the applicant a licence of the same type as that temporarily transferred unless the applicant is a person to whom, under section 14, the court shall not transfer a licence, and the applicant shall surrender the licence temporarily transferred to him,
(4) No fee shall be payable in respect of a licence granted under subsection (3) if, at the date of the grant, the licence which was temporarily transferred was valid for a period of more than six months.
Removal of licence to other premises.
4 of 1973, Sch.
24.(1) Where a licensee desires to remove his licence from the premises specified therein to other premises in the same licensing area, he may apply in writing to the chairman of the appropriate licensing court for permission so to do after not less than thirty days' notice of his intention to make such application has been given by the licensee by means of a notice affixed in a conspicuous place on the outside of the premises to which it is desired to remove the licence and at the office of the chairman of the court.
(2) The provisions of sections 10 and 12 shall apply, mutatis mutandis, to applications under this section.
(3) The chairman may, if he thinks fit, and after hearing any objections to the removal, either -
(a) by endorsement of the licence under his hand, remove the licence from the premises specified therein to the premises specified in the application, in which case the licence shall, for the period of its validity, be deemed to apply to the premises thereon so endorsed and may, subject to section 16, be renewed as though it had originally been issued in respect of the premises thereon endorsed, or
(b) endorse upon the licence a temporary removal to be valid only until the next ordinary meeting of the licensing court, or
(c) defer the application for consideration at a meeting of the licensing court.
(4) Where a licence has been endorsed with a temporary removal under paragraph (b) of subsection (3), the licensee shall, at the next ordinary meeting of the licensing court, make application for the ratification of the removal, and the pro visions of sections 8, 10, 11, 12 and 14 shall apply to such applications.
Power to carry on business on death, bankruptcy, etc.
25. In the event of the death, bankruptcy or unsoundness of mind of a licensee, or in any similar event to which the chairman of a licensing court, declares in writing that this section should be applied, it shall be lawful, for the purposes of this Act, for the widow, executor, administrator, trustee or manager, as the case may be or any other person approved by the chairman, to carry on the business of the licensee without any transfer or grant of a licence, either personally or by an agent approved by the chairman, until the next meeting of the licensing court, or, if such meeting is held within fourteen days of such death, bankruptcy unsoundness of mind or other event, the next meeting but one.
Rights, duties, etc., applicable to sections 23 and 25.
26. Every person to whom a licence may have been temporarily transferred under section 23, and every person permitted to carry on a business without a transfer or grant of a licence in pursuance of section 25, shall possess all the rights and be liable to all the duties and obligations of the original licensee.
PART V - MISCELLANEOUS PROVISIONS CONCERNING LICENCES
Temporary extension of licence where renewal refused.
10 of 1969, Sch.
27. (1) If the renewal of a licence is refused, the licensee shall, on payment of the proportionate part of the fee for the appropriate licence, be entitled to a licence of such description and for such period, not exceeding three months, as the licensing court may deem necessary for the purpose of disposing of the liquor or apparatus on the premises, such period to commence on the day after the last sitting of the court at which the renewal of his licence has been refused, or on the day after the termination of his existing licence, whichever day is the later.
Licenses to be displayed.
28. Every licence shall be prominently and conspicuously displayed on the premises to which it relates, and any licensee who fails or neglects so to display his licence shall be guilty of an offence:
Provided that, where a wholesale liquor licence is granted so as to be applicable to more premises than one, it shall be displayed in the premises first named therein.
Holding out as licensee.
29. Any person causing or permitting to be on his premises or on premises under his control any words, letters or sign falsely importing that he is a licensee shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months.
Employment of persons under eighteen years of age, etc.
30. (1) Notwithstanding the provisions of any other written law, no licensee shall employ a person under the age or apparent age of eighteen, or knowingly employ a person who has been convicted of an offence under this Act or any other Act at any time in force regulating the sale of liquor, to sell, control or supervise the sale of liquor or to have the custody or control of liquor on licensed premises.
(2) No person shall knowingly sell or deliver liquor, or permit it to be sold or delivered, to a person under the age or apparent age of eighteen.
(3) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.
Managers and employees.
31. (1) No licensee shall permit any other person to manage, superintend or conduct the day-to-day business of the premises in respect of which he is licensed except with the written consent of the chairman of the licensing court, and every person in respect of whom such consent is given shall be subject and liable to the same duties, obligations and penalties under this Act as the licensee:
Provided that nothing in this subsection shall relieve the licensee of all such duties, obligations and penalties.
(2) Every licensee who contravenes the provisions of subsection (1) shall be guilty of an offence.
(3) Any act done or omitted to be done by an employee in contravention of any of the provisions of this Act shall be deemed also to be the act or omission of the employer, and any proceedings for an offence arising out of such act or omission may be taken against both employer and employee.
Power to expel drunkards, etc.
32. (1) Any licensee or any agent or servant of a licensee may refuse to admit to, and shall expel from, the premises to which his licence relates any person who is drunk, violent, quarrelsome or disorderly, or whose presence would subject the licensee to a fine or penalty under this Act.
(2) Any person such as is referred to in subsection (1) who, on being requested by the licensee or his agent or servant, or by any police officer, to quit the licensed premises, refuses so to do shall be guilty of an offence and liable to a fine not exceeding two hundred shillings.
(3) On the demand of a licensee or his agent or servant. a police officer shall expel or assist in expelling from the licensed premises any person such as is referred to in subsection (1).
(4) Every licensee who permits any drunkenness or any violent, quarrelsome or riotous conduct to take place on the premises to which the licence relates shall be guilty of an offence.
No suit for recovery of price where liquor sold for consumption on premises.
33. No suit shall be maintainable to recover any debt alleged to be due in respect of the sale of any liquor which was delivered for consumption on the premises where the same was sold unless the same was sold for consumption with a meal supplied at the same time or unless the person to whom the same was sold or supplied was at the time of the sale a lodger on such premises.
Offence to sell liquor after hours.
34. (1) Any licensee who keeps his licensed premises open for the sale of liquor or sells or exposes liquor for sale during any time when he is not authorized by his licence to sell, or allows any liquor purchased before the hour of closing to be consumed on such premises after such closing hour, shall be guilty of an offence and liable, for a first offence, to a fine not exceeding five hundred shillings, and for a second or subsequent offence to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months:
Provided that it shall not be an offence to allow the consumption on the premises between the hour of closing and fifteen minutes after such hour of liquor supplied for consumption with a meal to be eaten on the premises, if the liquor and the meal were purchased before the hour of closing.
(3) The fact that any person, other than the licensee, a member of his family, his agent or servant or a person lodging on the premises, is found in any bar on licensed premises during any time when the licensee is not authorized by his licence to sell liquor shall be taken as prima facie evidence of a sale of liquor on such premises after such hour of closing or during such time as aforesaid.
Licence to include sale of tobacco, etc.
35. Every licence shall, unless otherwise therein provided, entitle the licensee to sell cigars, cigarettes, tobacco, snuff and matches during the hours during which he is entitled to sell liquor under the licence.
Licensee not compelled to sell.
36. Nothing in this Act shall be construed as compelling a licensee to sell liquor or any other commodity during the hours during which he is entitled under the licence so to do.
Duties of medical officers of health.
4 of 1973, Sch.
37. (1) It shall be the duty of any medical officer of health to report to the chairman of the appropriate licensing court any licensed premises which are deficient in accommodation or sanitary or drainage requirements, or are in bad repair.
(2) A medical officer of health or any person authorized by him in writing in that behalf may enter and inspect any licensed premises for the purpose of ascertaining whether a report under subsection (1) is required.
Duties of police officers.
10 of 1969, Sch.,
4 of 1973, Sch.
38. (1) It shall be the duty of any police officer not below the rank of Assistant Inspector to report in writing to the chairman of the appropriate licensing court every case in which a licensee is of drunken habits or keeps a disorderly house, or commits any breach of any of the provisions of this Act or of his licence.
(2) Any police officer not below the rank of Assistant Inspector may without written authority enter and inspect any licensed premises for the purpose of ascertaining whether a report under subsection (1) is required.
Cancellation of licences.
4 of 1973, Sch.
39. (1) Upon receipt of a report made under section 37 or section 38, the chairman of a licensing court shall -
(a) send, by registered post, a copy of the report to the licensee concerned therewith, informing him that at a meeting of the licensing court to be held on a date to be specified, but not less than thirty days therefrom, the report will be considered by the court;
(b) send a copy of the report to every member of the licensing court and to the Commissioner of Police;
(c) inform the medical officer of health or the police officer, as the case may be, of the date upon which the court will consider the report, and require him to attend the court on the date specified.
(2) Any licensee concerning whom a report is to be considered may appear in person or by advocate before the licensing court.
(3) The provisions of subsections (2), (5), (6) and (7) of section 11 shall apply, mutatis mutandis, to proceedings before a licensing court on the consideration of a report as aforesaid.
(4) The court, having duly considered the report and having heard the licensee, if he appears, may, if it thinks fit, cancel the licence of the licensee reported upon, or it may make such an order in respect of such licence or the licensed premises specified therein as, in the opinion of the court, is necessary.
(5) Any person aggrieved by the decision of the licensing court upon any such report may within twenty-one days appeal against the decision to the High Court, and the judgment of the High Court on such appeal shall be final.
(6) Where a licensee whose licence has been cancelled under subsection (4) appeals to the High Court under subsection (5), his licence shall not be deemed to be cancelled until the decision of the High Court is made known.
(7) The High Court, on an appeal under this section, may confirm or reverse the decision of the licensing court.
(8) If a licence is cancelled and no appeal is filed by the licensee against the cancellation, or if such appeal is dismissed by the High Court, the licensee shall be entitled, on payment of the proportionate part of the fee for the appropriate licence, to a licence of such description and for such period, not exceeding three months, as the licensing court may deem necessary for the purpose of disposing of the liquor or apparatus on the premises, such licence to run from the date of the decision of the licensing court or of the High Court, as the case may be.
Powers of search.
40. (1) A police officer furnished with written authority by a magistrate may enter and search any unlicensed premises and stop, enter and search any car or other vehicle, in which he has reason to suspect that any liquor is sold or kept for sale, and any liquor found in such search may be seized and removed together with the vessels containing it and may be forfeited by a court on conviction of the owner or person found in possession thereof:
Provided that where the delay occasioned in obtaining such written authority is likely to prevent the detection of an offence a police officer may so act without such authority, but shall report such action as soon as possible to a magistrate.
(2) Any person who resists or obstructs a medical officer of health, or any person authorized in writing by a medical officer of health, or a police officer, in the exercise of his duty under section 37 or section 38, as the case may be, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months.
Name and address to be furnished in certain circumstances.
41. (1) A police officer may demand the name and address of any person found on premises in which he seizes or from which he removes any liquor under this Act, and if such person refuses to comply with such demand, or gives a name or address which the officer has reasonable grounds to believe is false, the officer may arrest such person without warrant and take him as soon as possible before a magistrate.
(2) Any person who refuses to give his name or address when demanded under this section, or gives a false name or address, or in any way obstructs or evades such demand, shall be guilty of an offence.
Intoxication.
42. (1) Any person found by a police officer to be drunk and incapable or drunk and disorderly in or near a street, road, licensed premises, shop, hotel or other public place may be arrested without warrant and brought without unnecessary delay before a magistrate.
(2) Any person convicted of being drunk and incapable or drunk and disorderly in or near a place referred to in subsection (1) shall be liable to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months or to both.
(3) Any person convicted under subsection (2) on more than three occasions in any period of twelve months shall be forthwith reported by the convicting magistrate to the Commissioner of Police, who shall inform such licensees as he deems desirable of such convictions, and thereupon, and until a period of twelve months has passed without any further such conviction in respect of that person, any licensee so informed who knowingly sells or supplies liquor to or for delivery to that person shall be guilty of an offence, and it shall furthermore be an offence for that person to be in possession of any liquor.
(4) Any licensee who sells liquor to a person already in a state of intoxication or by any means encourages or incites him to drink liquor shall be guilty of an offence.
No sale or bottling of liquor except under licence.
43. Any person who sells liquor or offers or exposes it for sale or who bottles liquor except under and in accordance with, and on such premises as may be specified in, a licence issued in that behalf under this Act shall be guilty of an offence and liable -
(a) for a first offence, to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding nine months, or to both;
(b) for a second or subsequent offence, to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding one year or to both,
and in addition to any penalty imposed under paragraph (a) or paragraph (b) it shall be lawful for the court to order, the forfeiture of all liquor found in the possession, custody or control of the person convicted, together with the vessels containing the liquor.
Selling liquor to police officer.
44. Any person who sells liquor to a police officer in uniform of or below the rank of Inspector, or who harbours or suffers to remain on licensed premises any such police officer except for the purpose of keeping or restoring order or otherwise in the execution of his duty, shall be guilty of an offence and liable to imprisonment for a term not exceeding three months.
Failure to disclose previous conviction on application for licence.
45. Any person who is required by any provision of this Act to disclose any conviction and fails to do so when making any application shall be guilty of an offence.
No drinking in contravention of licence.
46. (1) If any person purchases any liquor from a licensee whose licence does not cover the sale of that liquor for consumption on the premises, and drinks the liquor on the premises where it is sold, or in any premises adjoining or near to those premises, if belonging to the seller of the liquor or under his control or used by his permission, or on any highway adjoining or near any such premises, and it appears to the court that the drinking was with the privity or consent of the licensee who sold the liquor, the licensee shall be guilty of an offence.
(2) If a licensee whose licence does not cover the sale of liquor to be consumed on his premises himself takes or carries, or employs or suffers any other person to take or carry, any liquor out of or from his premises for the purpose of being sold on his account, or for his benefit or profit, and of being drunk or consumed in any place whatsoever (whether enclosed or not, and whether or not a public thoroughfare) other than the licensed premises, with intent to evade the conditions of the licence, the licensee shall be guilty of an offence, and, if the place is any house, tent, shed or other building of any kind whatever belonging to the licensee or hired, used or occupied by him, the licensee shall be deemed, unless the contrary is proved, to have intended to evade the conditions of the licence.
Penalty for selling adulterated liquor.
47. (1) Any person who keeps for sale, offers for sale or sells any liquor which has been -
(a) in any way adulterated, or
(b) diluted by any person other than the bottler thereof,
shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years or to both.
(2) On the conviction of a licensee of an offence under subsection (1), the court may, in addition to any other penalty it may lawfully impose, if it finds that the liquor in respect of which the offence was committed was adulterated by a substance or substances which rendered the liquor unfit for human consumption, and unless the licensee proves to the satisfaction of the court that he took all reasonable precautions against such adulteration and that such adulteration took place without his knowledge or consent, order that his licence be forfeited, and no licence shall thereafter be granted or transferred to him.
Evidence of sale or consumption.
48. (1) In any proceedings under this Act relating to the sale or consumption of liquor, such sale or consumption shall be deemed to be proved if the court is satisfied that a transaction in the nature of a sale took place, whether or not any money has been shown to have passed, or as the case may be, if the court is satisfied that any consumption was about to take place.
(2) Evidence of consumption or intended consumption of liquor on licensed premises by some person other than the licensee or a member of his family or his servant or agent shall be prima facie evidence that the liquor was sold by or on behalf of the licensee to the person consuming or about to consume the liquor.
(3) If any seller of non-intoxicating beverages supplies liquor mixed or to be mixed or taken with such beverage, he shall be deemed to have sold such liquor.
Onus of proof.
49. (1) The onus of proving that a person is licensed under this Act shall lie on that person.
(2) The fact that a person not licensed under this Act to sell liquor has a signboard or notice upon or near his premises fitted with a bar or other place containing bottles, casks or vessels so displayed as to induce a reasonable belief that liquor is sold or served therein, or having liquor concealed, or more liquor than is reasonably required for the person residing therein, shall be deemed to be prima facie evidence of the unlawful sale of liquor by that person.
(3) In any proceedings under this Act, where a person is charged with selling liquor without a licence or without an appropriate licence, such liquor being in bottle and appearing to be unopened and labelled and stoppered by the bottler thereof, the contents of such bottle shall be deemed, unless the contrary is proved, to be liquor of the description specified on the label thereof.
General penalty
50. Any person who is guilty of an offence under this Act or any rules made thereunder for which no penalty is specially provided shall be liable to a fine not exceeding five hundred shillings or to imprisonment for a period not exceeding one month or to both.
Conviction to be endorsed on licence.
51. Every licensee who is convicted of an offence under this Act shall produce his licence to the court convicting him, and the court shall endorse every such conviction on the licence and shall inform the chairman of the appropriate licensing court.
Forfeiture of licence for transfer of interest and for convictions.
52. If in any proceedings before a court it appears that a licensee -
(a) whether he was present in the licensed premises or not, has permitted an unlicensed person to be the owner or part owner of the business of the licensed premises or to have a substantial interest in that business, except with the consent of the chairman of the licensing court; or
(b) is convicted of an offence under this Act and a previous conviction within the preceding twelve months of the same or any other offence under this Act or three such previous convictions within the preceding five years is or are proved; or
(c) is twice convicted within twelve months of selling, offering or keeping for sale any adulterated liquor,
then the court may, in addition to any other penalty which it may lawfully impose, order that his licence be forfeited, and that no licence shall be issued or transferred to him for such period as the court may order.
Rules.
L.N.87/1964,
36 of 1966, s. 2.
53. The Minister may make rules generally for the better carrying out of the provisions and purposes of this Act, and in particular, but without prejudice to the said generality, for -
(a) regulating the proceedings and meetings of licensing courts;
(b) prescribing the forms of applications, notices, licences and other documents for use under this Act;
(c) prescribing fees;
(d) prescribing the hours during which any licensee may sell liquor, and any such rules may make different provision with respect to different areas, premises or licences and may impose conditions and make exceptions;
(e) prescribing anything by this Act required to be prescribed.
SCHEDULE
(s. 22)
1. Liquor licenses of the following descriptions may be granted under this Act-
(A) Brewer's licence
Subject to the conditions specified in the licence, a brewer's licence authorises the holder to-
(a) brew and store the brewed liquor in his depot;
(b) sell the product of his brewery by wholesale in accordance with the conditions that are, for the time being, applicable to a holder of a wholesale licence or by delivery from the depot throughout Kenya; and
(c) bottle liquor subject to such conditions as may be prescribed.
For the purposes of this paragraph, "depot" means premises of whatever description, which are occupied by a brewer for the purposes of his trade.
(B) Wholesale licence
A wholesale liquor licence authorises the licensee to sell liquor at the premises specified in the licence, subject to such conditions as may be prescribed.
(C) Retail licence
A retail liquor licence authorises the licensee to sell liquor on the premises, at the hours and subject to such other conditions as are specified in the licence.
2. The following general provisions apply with respect to licenses granted under this Act-
(a) A liquor licence may be granted to apply to more than one premise, subject to the conditions specified in the licence.
(b) A liquor licence shall be valid for a period of one year from the date of issue and is renewable, subject to the Act and the conditions on which it is issued.
(c) A liquor licence may be transferred to such person as may be approved by the Liquor Licensing Court on application of the transferor and the transferee, subject to such conditions as may be imposed.
L.N.40/1971,
L.N.254/1978.
SUBSIDIARY LEGISLATION
Areas declared to be licensing areas under section 3
The areas specified in the first column hereunder have been declared to be licensing areas for the purposes of the Act, and are to be known by the respective names specified in the second column hereunder –
|NAIROBI AREA | |
|The Nairobi Area |Nairobi Licensing Area- |
| | |
| | |
|NYANZA PROVINCE | |
|The Siaya District |Siaya Licensing Area. |
|The Kisumu District |Kisumu Licensing Area. |
|The South Nyanza District |South Nyanza Licensing Area, |
|The Kisii District |Kisii Licensing Area. |
| | |
|WESTERN PROVINCE | |
|The Kakamega Dislrict |Kakamega Licensing Area. |
|The Bungoma District |Bungoma Licensing Area. |
|The Busia District |Busia Licensing Area. |
| | |
|RIFT VALLEY PROVINCE |Nakuru Licensing Area. |
| |Baringo Licensing Area. |
|The Nakuru District |Kericho Licensing Area. |
|The Baringo District |Samburu Licensing Area. |
|The Kericho District |Laikipia Licensing Area. |
|The Samburu District |Uasin Gishu Licensing Area. |
|The Laikipia District |Trans Nzoia Licensing Area. |
|The Uasin Gishu District |EIgeyo-Marakwet Licensing Area. |
|The Trans Nzoia District |Nandi Licensing Area. |
|The EIgeyo-Marakwet District |West Pokot Licensing Area. |
|The Nandi District |Kajiado Licensing Area. |
|The West Pokot District |Ngong Licensing Area. |
|Ths Kajiado District |Turkana Licensing Area. |
|The Narok District | |
|The Turkana District | |
| | |
| | |
|CENTRAL PROVINCE | |
|The Nyeri District | |
|The Kiambu District |Nyeri Licensing Area. |
|The Nyandarua District |Kiambu Licensing Area. |
|The Kirinyaga District |Nyandarua Licensing Area. |
|The Murang'a District |Kirinyaga Licensing Area. |
| |Murang'a Licensing Area. |
| | |
|EASTERN PROVINCE | |
| | |
|The Meru District |Meru Licensing Area. |
|The Embu District |Embu Licensing Area. |
|The Machakos District |Machakos Licensing Area. |
|The Kitui District |Kitui Licensing Area. |
|The Lsiolo District |Isiolo Licensing Area. |
|The Marsabit District |Marsabit Licensing Area. |
| | |
|NORTH-EASTERN PROVINCE | |
|The Garissa District | |
|The Wajir District | |
|The Mandera District | |
| |Garissa Licensing Area. |
| |Wajir Licensing Area. |
| |Mandera Licensing Area. |
| | |
|COAST PROVINCE | |
|The Kilifi District |Kilifi Licensing Area. |
|The Lamu District |Lamu Licensing Area. |
|The Tana River District |Tana River Licensing Area. |
|The Mombasa District |Mombasa Licensing Area. |
|The Kwale District |Kwale Licensing Area. |
|The Taita District |Taita Licensing Area. |
| | |
PART I – PRELIMINARY
Citation.
1. These Rules may be cited as the Liquor Licensing Rules.
PART II - APPLICATIONS
Applications for grant or renewal of licences.
2. Except as otherwise provided in these Rules, every application for the grant or renewal of a licence shall be made in triplicate in Form 1 in the First Schedule, and shall bear a ten shilling adhesive revenue stamp.
Applications for transfer or removal of licences.
3. Every application for the transfer or removal of a licence shall be made in triplicate in Form 2 in the First Schedule, and shall bear a ten shilling adhesive revenue stamp.
Applications for temporary licences.
4. Every application for a temporary liquor licence or a temporary extension liquor licence shall be made in Form 3 in the First Schedule.
Applications for club liquor licences.
5. (1) Where an application is made for the grant of a club liquor licence of either description, the applicant, in addition to completing Form 1, shall complete Form 4 in the First Schedule and forward both to the licensing court.
(2) Where a licensing court desires further particulars, it may, by notice in writing sent to the applicant, require the applicant to furnish such particulars either in writing or otherwise, and may, where it considers it desirable, require that the constitution and rules of the club be produced for inspection.
Applications for assurance.
6. Every application for an assurance under section 9 of the Act shall be made in triplicate in Form 5 in the First Schedule and shall bear a ten shillings adhesive revenue stamp.
Police and medical officer of health to receive copies of application.
7. The chairman of a licensing court shall forward one copy of each application received by him under rules 2, 3 and 6 to the officer commanding the police formation in the licensing area and to the medical officer of health, both of whom shall make such recommendations thereon as may be appropriate.
Applications for duplicate licences.
8. Every application for a duplicate licence shall be made in writing, and shall set forth details of the licence lost and the manner in which it was lost or destroyed.
PART III – LICENCES
Form of liquor licence.
9. Save as otherwise hereinafter provided, every liquor licence shall be in Form 1 in the Second Schedule.
Temporary liquor licence.
10. Every temporary liquor licence shall be in Form 2 in the Second Schedule.
Temporary extension liquor licence.
11. Every temporary extension liquor licence shall be in Form 3 in the Second Schedule.
Assurance.
12. Every assurance under section 9 of the Act given by a licensing court shall be in Form 4 in the Second Schedule.
PART IV - MISCELLANEOUS
Fees.
13. There shall be paid to the licensing court or to the District Commissioner, as the case may be, for the several matters set out in the first column of the Third Schedule the fees set out in the second column of that Schedule.
Applications to follow form prescribed.
14. (1) All applications and other documents required by these Rules shall be clearly and legibly written, typewritten or printed in English, and shall be in the form prescribed therefor in the First Schedule with such alterations or additions as may be necessary. (2) Nothing in this paragraph shall preclude a licensing court from accepting any document which substantially complies with the form prescribed therefor.
Proportionate fee.
15. Where under section 27 or subsection (8) of section 39 of the Act a proportionate fee is payable, the fee shall be calculated as the appropriate proportion of the fee payable for one year.
Hours, etc., for the sale of liquor.
16. (1) Subject to the Schedule to the Act, the hours, conditions and exceptions specified in the second column of the Fourth Schedule shall apply with respect to the sale of liquor by persons granted the licences specified in relation thereto in the first column of the Fourth Schedule. (2) In the Fourth Schedule, "meal" means substantial refreshment to which the sale of liquor is ancillary.
FIRST SCHEDULE
FORM 1 (r. 2)
THE LIQUOR LICENSING ACT APPLICATION FOR THE GRANT OR RENEWAL OF A LIQUOR LICENCE
[To be completed in triplicate]
1. Name of applicant ................................................................................... 2. Applicant's postal address ....................................................................... 3. Address and plot number of premises ....................................................... [Give sufficient details adequately to identify the premises]
4. Name by which premises known .............................................................. 5. If for renewal, give expiring licence number ............................................... 6. Licence to run from ...................... to ....................................................... 7. Type of licence applied for ....................................................................... 8. Details of convictions as required by section 8 of the Liquor Licensing Act. ..................................................................................................................... ..................................................................................................................... Date ............................................... ................................................ Signature of Applicant.
TEN SHILLINGS ADHESIVE REVENUE STAMP
Note. - If the application is for a wholesale liquor licence to be applicable to more premises than one, paragraphs 3 and 4 must give particulars of all such premises.
FORM 2 (r. 3)
THE LIQUOR LICENSING ACT APPLICATION FOR *TRANSFER/ REMOVAL OF A LIQUOR LICENCE
[To be completed in triplicate]
1. Name of applicant....................................................................
2. Applicant's postal address ........................................................................
3. Type and number of licence held ..............................................................
4. Address of premises specified therein ......................................................
*5. Name of transferee/address of premises to which it is desired to remove licence .........................................................................................................
6. Details of transferee's convictions as required by section 8 of the Liquor Licensing Act. ........................................................................................... Date............................... ...................................... Signature of Applicant.
TEN SHILLINGS ADHESIVE REVENUE STAMP
*Delete where not applicable.
FORM 3 (r. 4)
THE LIQUOR LICENSING ACT APPLICATION FOR A *TEMPORARY LIQUOR LICENCE/TEMPORARY EXTENSION LIQUOR LICENCE
1. Name of Applicant .................................................................................
2. Applicant's postal address ......................................................................
3. Type and number of licence held .............................................................
4. Type of licence required ..........................................................................
*5. Address to which temporary licence should be made applicable ............
*6. Period for which temporary licence required .........................................
*7. Extension times applied for ................................................................... Date...................................................................... Signature of Applicant.
*Delete where not applicable.
FORM 4 (r. 5)
THE LIQUOR LICENSING ACT PARTICULARS CONCERNING CLUBS
[To be completed in block capitals]
THESE PARTICULARS relate to an application which has been made for the grant of a ........................................................................................
[Particulars of type of licence]
by ...........................................................................................................
[Full names of applicant] who intends to hold such licence on behalf of a club]
PARTICULARS
1. Name of club concerned .........................................................................
2. Address and situation of club premises ..................................................... .........................................................................................................................
3. State whether the club is registered or exempted from registration under the provisions of the law for the time being relating to companies or societies ......................................................................................................................... Registration No. ..........................................................................................
4. Particulars of types or categories of membership existing .......................... .........................................................................................................................
5. Total membership of club ......................................................................... .........................................................................................................................
6. State whether entrance fees or subscriptions are payable ...........................
7. Give details of the objects or purposes for which the club is established .........................................................................................................................
8. State whether any persons, other than members, may pay for or be charged for food, drink or accommodation offered by the club ......................
9. State whether the club is a members' club or a proprietary club; that is, who owns the club property, the freehold title or leasehold title to the land upon which the club is situate, and who retains any profits earned or made by the club ..... .................................................................................................
10. State whether any limit is imposed on temporary membership, and whether temporary members are required to pay both entrance fees and subscriptions ............................................................................................... .....................................................................................................
11. Particulars of the applicant's office or position in the club ......................... .........................................................................................................................
I, .............................. the applicant, hereby declare that the foregoing particulars are correct in every detail. Date......................... ........................................ Signature of Applicant.
FORM 5 (r. 6)
THE LIQUOR LICENSING ACT APPLICATION FOR AN ASSURANCE UNDER SECTION 9 OF THE ACT
1. Name of applicant ..................................................................................
2. Applicant's postal address ......................................................................
3- Type of licence which will be required .....................................................
4. Situation of premises concerned ..............................................................
5. Whether being constructed or reconstructed ............................................
6. Date from which licence will be required to run ........................................
7. Details of applicant's convictions, as required by section 8 of the Liquor Licensing Act .............................................................................................. ...................................................................................................................
8. Details of applicant's interest in the premises ............................................. .................................................................................................................... Date................................. ...................................... Signature of Applicant.
TEN SHILLINGS ADHESIVE REVENUE STAMP SECOND SCHEDULE
FORM 1 (r. 9)
THE LIQUOR LICENSING ACT .............................................LIQUOR LICENCE LICENCE No. ................................
This liquor licence is granted under the provisions of the Liquor Licensing Act to .............................. of .............................. in respect of premises situate at ............................................................................................................... [Full details of premises to be inserted by issuing officer]
This licence is granted subject to the provisions of the Liquor Licensing Act, and to the following conditions .................................................................... ................................................................................................................... ................................................................................................................... This licence shall expire on .......................................................................... Fees paid: Sh. ................................................ Date of issue .................................................. ........................................... Chairman, ........................................... Licensing Court.
FORM 2 (r. 10)
THE LIQUOR LICENSING ACT TEMPORARY LIQUOR LICENCE
No. ............................
This temporary liquor licence is granted under the provisions of the Liquor Licensing Act to ................................. or ......................................... being the holder of a ...................................... liquor licence No. .................... and authorizes the licensee to sell ....................... liquor at ................................ This licence is valid from ................ to ..................................................... This licence is issued subject to the provisions of the Liquor Licensing Act, and to the following conditions .................................................................... ................................................................................................................... ................................................................................................................... Fee paid: Sh. ........................................ Date of issue ................................. ........................................... District Commissioner, .......................District.
FORM 3 (r. 11)
THE LIQUOR LICENSING ACT TEMPORARY EXTENSION LIQUOR LICENCE No. ......................................
This temporary extension liquor licence is issued to ...................................... ........................................................................................... being the holder of a ............................ liquor licence, No........................, and authorizes the licensee to sell .............................liquor at ................. from ................... o'clock in the afternoon until ........................ o'clock in the .......................... noon on ...................................................................................................... This temporary extension liquor licence is granted subject to the provisions of the Liquor Licensing Act, and to the following conditions ............................. ................................................................................................................... ................................................................................................................... Fee paid: Sh. ........................ Date of issue ........................ .......................................... District Commissioner, .........................District.
FORM 4 (r. 12)
THE LIQUOR LICENSING ACT ASSURANCE THAT A LIQUOR LICENCE WILL BE ISSUED ............................................. LICENSING COURT ........................................................................................................... of ............................................... having satisfied me that he has an interest in premises to be built/being built* at .................................... for the purpose of being used for the sale of liquor for consumption therein, and having supplied me with a signed copy of the plans of the premises, he is hereby assured that, on completion of the premises in accordance with the signed plans, and subject to the provisions of section 9 of the Liquor Licensing Act, he will be granted a ................................................................ liquor licence. Fee paid: Sh. ........................ Date of issue ....................... ............................................... Chairman, ...................Licensing Court. *Delete where not applicable.
THIRD SCHEDULE
Licence Fees For 12 months For 6 months or less Sh. Sh.
1. General retail liquor licence -
(a) in respect of premises situate in the City of Nairobi or on Mombasa Island .. .. ... .. .. .. .. .. .. .. .. .. .. .. .
(b) in respect of premises situate within any municipality other than the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
(c) in respect of premises situate elsewhere than in a municipality.. .. . 6,000 4,500 3,000 3,600 2,700 1,800
2. Wholesale liquor licence -
(a) for the first premises .. .. .. .. .. ..
(b) for each additional premises .. .. 3,000 300 1,800 300 3.
(1) Bottler's liquor licence .. .. ..
(2) Depot licence, in addition to (1), per depot.. .. .. .. .. .. .. .. .. .. .. .. .. 6,000 300 3,600 300
4. Malt and non-spirituous liquor, on-licence -
(a) in respect of premises situate in the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. . . .. .. .. .. .. ..
(b) in respect of premises situate in any municipality other than the City of Nairobi or on Mombasa Island..
(c) in respect of premises situate elsewhere than in a municipality.. .. . 1,800 1,200 900 1,050 750 540
5. Malt and non-spirituous liquor, off-licence -
(a) in respect of premises situate in any municipality
(b) in respect of premises situate elsewhere than in a municipality.. ..
(c) where the licensee holds a malt and non-spirituous liquor on-licence in respect of the same premises.. .. 900 450 60 540 270 60
6. Wine merchants and grocer's liquor licence -
(a) in respect of premises situate in the City of Nairobi or on Mombasa Island . .. .. .. .. .. .. .. .. .. .. .. .. .. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. ..
(c) in respect of premises situate elsewhere than in a municipality.. .. . 6,000 4,500 3,000 3,600 2,700 1,800,
7. Hotel liquor licence -
(a) in respect of premises situate in the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
(b) in respect of premises situate in any municipality other than the City of Nairobi or on Mombasa Island ..
(c) in respect of premises situate elsewhere than in a municipality.. ..
(d) where the licensee holds a general retail liquor licence in respect of the same premises .. .. .. 3,600 2,400 1,500 60 2,160 1,400 840 60
8. Restaurant liquor licence -
(a) in respect of premises situate in the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. .. .. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. .. .. .
(c) in respect of premises situate elsewhere than in municipality .. .. .. .. 3,600 2,400 1500 2,160 1,440 840
9.(1) Club liquor licence (members' club) -
(a) in respect of premises situate in the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. .. .. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. .. .. .
(c) in respect of premises situate elsewhere than in municipality. .. .. .
(2) Club liquor licence (proprietary club) -
(a) in respect of premises situate in the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. .. .. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. .. .. .
(c) in respect of premises situate elsewhere than in municipality. .. .. . 450 300 225 3,600 2,400 1,500 270 180 135 2,170 1,470 840
10.Canteeen liquor licence -
(a) over 50 members .. .. .. .. .. . . ..
(b) 50 or fewer members .. .. .. .. .. 900 150 540 90
11.Theatre liquor licence .. .. .. .. .. . 3,000 1,800
12. Traveller's liquor licence
(a) where the licensee does not hold a general retail liquor licence in respect of the same premises .. .. ..
(b) where the licensee holds a general retail liquor licence in respect of the same premises .. .. .. 6,000 3,000 3,600 1,800
13. Railway restaurant car liquor licence, per car .. .. .. .. .. .. .. .. .. 900 900
14. Steamship liquor licence, per steamship.. .. .. .. .. .. .. .. .. .. .. .. .. 900 900
15. Temporary liquor licence, per day .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 150
16. Temporary extension liquor licence, per hour of extension-
(a) in respect of premises situate in the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. .. .. ... ... .. .. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(c) in respect of premises situate elsewhere than in a municipality .. . 90 60 45
17. For transferring a liquor licence.. 150
18. For removing a liquor licence .. .. 90
19. For the issue of an assurance under section 9 of the Act.. .. .. .. .. 150
20. For the issue of a duplicate licence .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 20
FOURTH SCHEDULE
(r. 16)
Licence Hours, Conditions and Exceptions
1. General Retail LiquorLicence Authorized to sell liquor on any day of the week during the hours of 10.00 a.m. to 2.00 p.m. and 5.00 p.m. to 11.00 p.m.
2. Malt and Non-spirituous Liquor) On-licence.
3. Hotel Liquor Licence .. Authorized to sell liquor on any day of the week to a lodger -
(a) for his own consumption on the premises, at any hour,
(b) for the consumption on the premises by the guests of such lodger during the hours of 10.00 a.m. to 12 midnight:
Provided that no liquor for consumption by guests shall be sold after 11.00 p.m. except for consumption with a meal to be eaten on the premises.
4. Restaurant Liquor Licence .. .. Authorized to sell liquor on any day of the week to persons taking meals in the restaurant, for consumption with such meals, during the hours of 12 noon to 12 midnight.
5. Club Liquor Licence .. Authorized to sell liquor to members on any day of the week at any hour.
6. Canteen Liquor Licence Authorized to sell liquor during the hours of 12 noon to 2.00 p.m. and 5.00 p.m. to 10.00 p.m.
7. Theatre Liquor Licence Authorized to sell liquor during the hours of 12 noon to 2.00 p.m. and 5.00 p.m. to 12 midnight.
8. Travellers' Liquor Licence .. .. Authorized to sell liquor on any day of the week at any hour to persons bona fide travelling by train or air.
9. Railway Restaurant Car Liquor Licence. Authorized to sell liquor at any hour.
10. Steamship Liquor Licence .. .. Authorized to sell liquor on any day of the week at any hour while the steamship, whether stationary or in motion, is on a voyage.
11. Extension of Liquor Licence .. Authorized to sell liquor on the day specified in the licence during such hours not extending beyond 4.00 a.m. of the day following as the District Commissioner may specify.
LICENSING AREA
IN EXERCISE of the powers conferred by section 3 of the Liquor Licensing Act, the Minister of State for Provincial Administration and Internal Security declares the area specified in the first column of the Schedule hereunder to be a licensing area for the purposes of the Act, and is to be known by the respective name specified in the second column hereunder.
SCHEDULE
Rift Valley Province
The Kajiado North District Ngong Licensing Area
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