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Regulations under section 5
COMPOUNDING OF POTABLE SPIRITS REGULATIONS, 1962
| 1. |
These Regulations may be cited as the Compounding of Potable Spirits Regulations, 1962.
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| 2. |
In these Regulations, “licensee” means the holder of a licence to compound spirits issued under section 4 of the Act.
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| 3. |
| (1) |
Every application for a licence to compound spirits shall be made in duplicate to the Licensing Officer in the form in the First Schedule to these regulations.
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| (2) |
Every application referred to in subregulation (1) shall be accompanied by the fee of twenty shillings.
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| 4. |
Upon receipt of an application and the fee therefor under regulation 3 of these Regulations, the licensing officer may in his discretion issue a licence to compound spirits under section 4 of the Act 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.
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| 5. |
Every licence to compound spirits shall expire on the 31st December following the date of issue thereof, and on application in writing, made to him before such expiration, and accompanied by the fee of twenty shillings, the licensing officer may renew the licence for the next succeeding year.
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| 6. |
The Licensing officer may at any time, without prejudice to any prosecution for any offence, 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 and Excise Act (Cap. 472), or the Liquor Licensing Act (Cap. 121), or any subsidiary legislation made under either of those Acts in so far as those provisions in any way relate to spirits; or
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| (b) |
the Act, these Regulations or any of the terms and conditions of his licence.
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| 7. |
Where any person is aggrieved by the refusal to grant a licence, or by the variation of the terms and conditions of, the suspension or revocation of, or the refusal to renew, his licence, he may, within fourteen days of the receipt of notice thereof, appeal in writing to the Minister whose determination thereof shall be final and shall not be questioned in any court.
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| 8. |
| (1) |
The Licensing Officer may in writing require any licensee to keep such records and in such form as may to the Licensing Officer appear to be necessary to carry out the provisions and purposes of the Act.
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| (2) |
A licensee who fails to keep any record required under the preceding paragraph 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 a record, shall be guilty of an offence against these Regulations.
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| 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;
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| (b) |
make such inspection, search and inquiry as he may consider necessary for the carrying out of the provisions and purpose of the Act, including inspection of books and records; and
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| (c) |
take reasonable samples of any spirits or of any materials used in the compounding of spirits.
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| (2) |
Any person who obstructs any officer acting in pursuance of the powers conferred by subregulation (1) shall be guilty of an offence.
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| 10. |
Any person who is guilty of an offence under these Regulations shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and imprisonment.
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FIRST SCHEDULE
APPLICATION FOR A LICENCE TO COMPOUND SPIRITS
SECOND SCHEDULE [Rule 4, L.N. 149/62.]
COMPOUNDING LICENCE UNDER SECTION 4 OF THE COMPOUNDING
OF POTABLE SPIRITS ACT
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