CHAPTER 390
POTABLE SPIRITS (COMPOUNDING) ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
(Section 6)
G.N. No. 211 of 1964
1. These Regulations may be cited as the Potable Spirits (Compounding) Regulations.
2. In these Regulations–
"Act" means the Potable Spirits (Compounding) Act;
"licensee" means the holder of a licence issued under section 5 of the Act;
"Minister" means the Minister responsible for Finance.
3. Every application to compound spirits shall be made in duplicate to the Licensing Officer in the form set out in the First Schedule to these Regulations and shall be accompanied by the fee of twenty shillings.
4. Upon receipt of an application and the fee therefor under Regulation 3, the Licensing Officer may in his discretion issue a licence to compound spirits in the form set out in the Second Schedule to these Regulations, subject to such terms and conditions as he thinks fit, or without assigning any reason therefor, refuse to issue a licence.
5. (1) Every licence to compound spirits shall expire on the 31st December following the date of issue thereof.
(2) The Licensing Officer may renew such licence for the next succeeding year, upon receipt by him of an application in writing from the licensee before the expiration of the current licence accompanied by the fee of twenty shillings.
6. The Licensing Officer may at any time, without prejudice to any prosecution for any offence then pending, by notice in writing addressed to the licensee, vary the terms and conditions of, suspend or revoke any licence to compound spirits if he is satisfied that the licensee has committed any breach of–
(a) the provisions of the Customs (Management and Tariff) Act *, the Excise (Management and Tariff) Act *, the Intoxicating Liquor Act *, or of any Subsidiary Legislation made under those Acts or that Act in so far as such provisions relate to spirits; or
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(b) the Act or these Regulations or any of the terms and conditions of the licence.
7. Where any person is aggrieved by the refusal to grant a licence or by the variation of the terms and conditions, the suspension or revocation of, or the refusal to renew the licence, he may within fourteen days of the receipt of the notice thereof, appeal in writing to the Minister whose determination thereon shall be final and shall not be questioned in any court.
8. (1) The Licensing Officer may in writing require any licensee to keep such records and in such form as may appear to him to be necessary to carry out the provisions and purpose of the Act.
(2) Any licensee who fails to make any record required under this Regulation or who makes or is privy to making any false entry in such record or who omits or is privy to omitting any material particular from such record shall be guilty of an offence against these Regulations.
9. (1) Any officer serving in the Customs and Excise Department, in uniform or upon production of his authority if so requested, may at any reasonable time–
(a) enter any premises used by a licensee for the purpose of compounding spirits;
(b) make such inspection, search and enquiry as he may consider necessary for the carrying out of the provisions of the Act, including inspection of books and records; and
(c) take reasonable samples of any spirits or of any materials used in the compounding of spirits.
(2) Any person who obstructs any officer acting in pursuance of powers conferred by this Regulation shall be guilty of an offence.
10. Any person who is guilty of an offence against these Regulations shall be liable to a fine not exceeding two thousand shillings or to a term of imprisonment not exceeding two months or both such fine and imprisonment.
FIRST SCHEDULE
APPLICATION FOR A LICENCE TO COMPOUND SPIRITS
(Regulation 3)
POTABLE SPIRITS (COMPOUNDING) ACT (Cap. 390)
(Section 6)
The Potable Spirits (Compounding) Regulations
(To be submitted in duplicate) |
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I/We ........................................................................................................................... |
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(a) the under-mentioned buildings, rooms, places and items of plant and no other will be used for the compounding of spirits and storage of materials used in connection therewith; namely .............................................................................................. |
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(b) the process of compounding, the formulae to which such spirits will be compounded and the materials that will be used therein will be as set out in the Schedule attached to this application. |
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Date ...................................... | ....................................................... |
SECOND SCHEDULE
COMPOUNDING LICENCE
(Regulation 4)
POTABLE SPIRITS (COMPOUNDING) ACT (Cap. 390)
(Section 6)
The Potable Spirits (Compounding) Regulations
Name .............................................................................................................................. |
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1. ............................................................................................................................... |
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Date .............................................. | ............................................................ |
FEE PAID: SHS. 20/= | |
Made this ......................... day of ......................... 20........ |
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