CHAPTER 77
INTOXICATING LIQUORS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
LICENSING AUTHORITIES

   3.   Establishment of licensing authorities.

   4.   General provisions relating to licensing authorities.

   5.-7.   [Repealed.]

PART III
TYPES OF LICENCES

   8.   Liquor licences.

   9.   Local liquor licences.

   10.   Wholesale dealer's licence.

   11.   Retailer's off-licence.

   12.   Authorised hours in case of wholesale and retailer's off-licence.

   13.   Retailer's on-licence.

   14.   Authorised hours in case of retailer's on-licence.

   15.   Hotel licence.

   16.   Restaurant licence.

   17.   Combined licences.

   18.   Railway licences.

   19.   Passenger vessel licence.

   20.   Aerodrome licence.

   21.   Theatre licence.

   22.   Club licences.

   23.   Club beer licence.

   24.   Canteen licence.

   25.   Temporary licence.

   26.   Licensing authority may prohibit sale of local liquor.

   27.   Class A local liquor licence.

   28.   Class B local liquor licence.

   29.   Class C local liquor licence.

   30.   Class D local liquor licence.

   31.   Class E local liquor licence.

   32.   Temporary local liquor licence.

   33.   Hours of sale of local liquor.

   34.   Liquor licence may be restricted to particular kind of local liquor.

   35.   Local liquor market.

PART IV
PROCEDURE IN APPLICATIONS FOR AND THE GRANT OF LICENCES

   36.   Application for a licence.

   37.   Notification of application for licence.

   38.   Days for hearing of applications.

   39.   Objections.

   40.   Amendment of application.

   41.   Application for temporary licence.

   42.   Appeals.

   43.   Procedure in respect of appeals.

PART V

   44.-45.   [Repealed.]

PART VI
GENERAL PROVISIONS RELATING TO LICENCES

   46.   Grant of licences.

   47.   Licence may not be granted or transferred to certain persons.

   48.   Power to attach conditions to a licence.

   49.   Licensing authority to be satisfied that premises are sanitary and may suspend a licence if premises are insanitary.

   50.   Licences for premises in course of construction.

   51.   Death or bankruptcy occurring before grant of licence.

   52.   Transfer or removal of licence.

   53.   Making a false statement in an application.

   54.   Licensing authority may require attendance of applicant and may examine him on oath.

   55.   Form of licence and date of commencement.

   56.   Separate licence for each set of premises.

   57.   Payment of fee by instalment.

   58.   Licence fee may be reduced where licence is not to run for more than five months.

   59.   Duplicates.

   60.   Surrender of a licence.

   61.   Extension of hours.

   62.   Delegation of functions.

   63.   Reduction of hours.

   64.   Refund of fee where hours reduced.

   65.   Minister may cancel licences in certain cases.

PART VII
OFFENCES

   66.   Illegal manufacture or sale of intoxicating liquor.

   67.   Restriction on carrying on other business on licensed premises.

   68.   Sale of tobacco, etc., by licence holder.

   69.   Supplying intoxicating liquor to a person under the age of sixteen years.

   70.   Employing persons under the age of sixteen years.

   71.   Alterations to retailer's premises.

   72.   Improper storage of intoxicating liquor.

   73.   Exhibition of name of licensee.

   74.   Drunkenness on licensed premises.

   75.   Power to exclude drunkards and others.

   76.   Licensed premises not to be used as brothel.

   77.   Supply of intoxicating liquor to police officers.

   78.   Gambling.

   79.   Personal supervision by licensee.

   80.   Sales by auction.

   81.   Tapping of palm trees.

   82.   Power to prohibit manufacture, etc. of specified local liquors.

   83.   Infringement of conditions of licence.

PART VIII
PREVENTION AND DETECTION OF OFFENCES

   84.   Power to enter and inspect licensed premises.

   85.   Search warrant for detention of liquor sold or kept contrary to law.

   86.   Power to close licensed premises in case of disorder.

   87.   Limitation on powers of police officers below the rank of Assistant Inspector.

PART IX
FORFEITURES

   88.   Forfeiture of licence.

   89.   Forfeiture of intoxicating liquor.

PART X
EXEMPTIONS

   90.   Exemptions from the Act.

PART XI
MISCELLANEOUS PROVISIONS

   91.   Offences by servants and agents.

   92.   Penalty for offences.

   93.   Evidence of sale or consumption and burden of proof.

   94.   Evidence of issue of licence, etc.

   95.   Power for certain authorities to manufacture or contract for manufacture of local liquor.

   96.   Manufacture of local liquor.

   97.   Grant of monopolies.

   98.   Permits to manufacture local liquor for private consumption.

   99.   Establishment of Appeals Committees.

   100.   Minister to hear certain appeals.

   101.   Licensing authority may delegate its functions.

   102.   Regulations.

   103.   Fees for intoxicating liquor licences.

   104.   Directions by Minister.

   105.   Appeals.

   106.   [Repeal of R.L. Caps. 77 and 365.]

   107.-108.   [Omitted.]

SCHEDULES

CHAPTER 77
THE INTOXICATING LIQUORS ACT

An Act to provide for the procedure of carrying on the business of selling intoxicating liquors and related matters.

[1st January, 1968]
[G.N. No. 344 of 1968]

Acts Nos.
28 of 1968
27 of 1971
12 of 1978
20 of 1978
70 of 1982

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Intoxicating Liquors Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "Appeals Committee" means an Appeals Committee, established by section 98;

   "district council" means a district council established under the Local Government (District Authorities) Act;

   "intoxicating liquor" means, liquor or local liquor;

   "licence" means a licence and includes a permit granted under this Act;

   "licensee" means the holder of a licence granted under this Act;

   "licensing authority" means the authority designated by section 3 to be a licensing authority for the purposes of this Act;

   "licensed premises" means premises in respect of which a licence granted under this Act is in force;

   "liquor" means–

   (a)   wine, ale, beer, porter, cider, perry, hop beer and any liquor containing more than two per per centum by weight of absolute alcohol except any bona fide medicine containing intoxicating liquor as herein defined, administered or sold by any duly qualified medical practitioner or pharmacist, or administered by any person purely for medicinal purposes; and

   (b)   spirits of any description other than industrial spirits as defined in section 2 of the Spirits Act *,

but does not include local liquor or moshi;

   "local authority" means a municipal council, district council or town council;

   "local liquor" means pombe, fermented asali, tembo, ulanzi and all liquors (other than beer, spirits and wines to which the Excise (Management and Tariff) Act *, applies or moshi) of a kind prepared by the indigenous people of Tanzania which contain more than one per centum by weight of absolute alcohol and any liquor which the Minister may, by notice in the Gazette, declare to be local liquor;

   "member" means a member of a licensing authority and includes the Vice-Chairman;

   "Minister" means the Minister responsible for local government;

   "moshi" shall have the meaning assigned to that term in the Traditional Liquor (Control of Distillation) Act *;

   "municipality" means a municipality established under the Local Government (Urban Authorities) Act *;

    "non-spirituous liquor" means liquor which does not consist of or contain any spirits;

   "rural area" means any area other than an urban area;

   "sell" or "sale" include barter;

   "supply" includes a sale and any transfer, whether on a sale or otherwise;

   "town council" means a town council established under the Local Government (Urban Authorities) Act *;

   "urban area" means any area–

   (a)   within the jurisdiction of a city, municipal or town council; or

   (b)   an area which the Minister has, by notice in the Gazette, declared to be an urban area for the purposes of this Act;

   "urban settlement" means any area, other than an urban area of a village in terms of the Local Government (District Authorities) Act *, upon which the status of an urban council has not been conferred.

PART II
LICENSING AUTHORITIES (ss 3-7)

3.   Establishment of licensing authorities Cap. 287; Act No. 12 of 1978 s. 3">

   (1) Every Village Council established under the Local Government (District Authorities) Act, shall be the licensing authority for the village in respect of which it is established.

   (2) Every local authority, other than a district council, shall be the licensing authority for the urban area in respect of which it is established.

   (3) Every District Council shall establish a licensing authority which shall have jurisdiction, for the purposes of this Act, in respect of urban settlements within the district for which the Council is established.

4.   General provisions relating to licensing authorities Act No. 12 of 1978 s. 3">

   (1) Subject to subsection (2), all matters of procedure, including the convening of meetings, quorum at meetings and the making of decisions, in relation to every licensing authority shall be governed by–

   (a)   in the case of a licensing authority of a village, the provisions of the Local Government (District Authorities) Act ;

   (b)   in the case of a licensing authority of an urban area, the provisions of the written law or other instrument by or under which its local authority is established; and

   (c)   in the case of a licensing authority in respect of urban settlements, the provisions of the Local Government (District Authorities) Act *.

   (2) Any member of licensing authority who has a financial interest in the sale of intoxicating liquor in the area over which the licensing authority has jurisdiction shall not attend any meeting at which it considers applications for licences or for their renewal.

5.-7.   Repealed

   [Repealed by Act No. 12 of 1978 s. 3.]

PART III
TYPES OF LICENCES (ss 8-35)

8.   Liquor licences

   A licensing authority may grant the following types of licences in respect of intoxicating liquors–

   (a)   a wholesale dealer's licence;

   (b)   a retailer's off-licence;

   (c)   a retailer's on-licence;

   (d)   a hotel licence;

   (e)   a restaurant licence;

   (f)   a railway station licence;

   (g)   a railway restaurant car licence;

   (h)   a passenger vessel licence;

   (i)   an aerodrome licence;

   (j)   a theatre licence;

   (k)   a club licence;

   (l)   a club beer licence;

   (m)   a canteen licence; and

   (n)   a temporary intoxicating liquor licence.

9.   Local liquor licences

   A licensing authority may grant the following types of licences in respect of local liquors–

   (a)   class A local liquor licence;

   (b)   class B local liquor licence;

   (c)   class C local liquor licence;

   (d)   class D local liquor licence;

   (e)   class E local liquor licence; and

   (f)   temporary local liquor licence.

10.   Wholesale dealer's licence

   A wholesale dealer's licence shall authorise the holder to sell on the premises specified in the licence for consumption off such premises, or at the licensed premises of the holder of a retailer's licence, at any one time to the same person intoxicating liquor in any quantity of not less than one and one-half gallons whether in casks, bottles or tins, but shall not authorise–

   (a)   the sale of any intoxicating liquor except in casks or unopened bottles or tins; or

   (b)   the sale of any intoxicating liquor at the premises of the holder of a retailer's licence to any person other than such holder.

11.   Retailer's off-licence

   A retailer's off-licence shall authorise the holder to sell on the premises at any one time to the same person for consumption off the premises intoxicating liquor in any quantity of not less than one-quarter of a pint and, where the intoxicating liquor is spirituous liquor, not more than two gallons or, where the intoxicating liquor is non-spirituous liquor not more than fourteen gallons, but shall not authorise the sale of any intoxicating liquor except in a bottle or bottles securely corked or stoppered or in a tin or securely sealed.

12.   Authorised hours in case of wholesale and retailer's off-licence

   The holder of a wholesale dealer's licence or a retailer's off-licence may sell intoxicating liquor between the hours of 8 a.m. and 7 p.m. upon any ordinary day and between the hours of 9 a.m. and 12 noon on Sundays and public holidays.

13.   Retailer's on-licence

   (1) A retailer's on-licence shall authorise the holder to sell on the premises intoxicating liquor in any quantity for consumption either on or off the premises.

   (2) A licensing authority may if an applicant so desires, or if the licensing authority considers it desirable to do so, issue a retailer's on-licence with the words "non-spirituous" endorsed thereon in red and the holder of a licence so endorsed shall not supply spirituous liquor to any person.

   (3) It shall be an offence for any person to keep spirituous liquors on any premises licensed under a retailer's on-licence which is endorsed as in subsection (2).

14.   Authorised hours in case of retailer's on-licence Act No. 27 of 1971 s. 2">

   (1) The holder of a retailer's on-licence may supply intoxicating liquor–

   (a)   in urban areas, from 6.00 p.m. to 11.00 p.m. on Mondays to Fridays (inclusive) and from 11.00 a.m. to 00 p.m. and from 6.00 p.m. to 12 midnight on Saturdays, Sundays and public holidays;

   (b)   in rural areas, from 3.00 p.m. to 8.00 p.m. on Mondays to Fridays (inclusive) and from 2 p.m. to 11.00 p.m. on Saturdays, Sundays and public holidays.

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