A BILL
ENTITLED
AN ACT to Amend the Spirit Licence Act.
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BE IT ENACTED by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and House of
Representatives of Jamaica, and by the authority of the same, as
follows:­
1.-( 1) This Act may be cited as the Spirit Licence (Amendment)
Act, 2012, and shall be read and construed as one with the Spirit
Licence Act (hereinafter referred to as the "principal Act") and all
amendments thereto.
Short title and
construction,
2
Repeal of
,;cetlOn 34 of
the pnncipal
Act
2. Section 34 of the principal Act is repealed and the following
substituted therfor"Powerof
Minister 10
prescribehoul"lo and days for opening of
licensed premises.
34. The Minister may, by order published in the
Gazette. prescribe­
(a) the hours for keeping open premises
licensed under this Act;
(b) subject to section 35, the extended hours
in respect of which the Superintendent
may, grant a special licence for keeping
open premises, licensed under this Act;
and
(c) the days on which premises licensed
under this Act, are permitted to be open
for the activities, authorized under the
licence.".
Amendment of
section 35 of
principal Act.
3. Section 35 of the principal Act is amended by­
(a) deleting the word "midnight" and substituting therefor
the words "the hour prescribed by the Minister pursuant
to section 34(b), being an hour not later than two o'clock
in the morning; and
(b) deleting the words "on any weekday".
3
MEMORANDUM OF OBJECTS AND REASONS
The Spirit Licence Act was enacted in 1928 to establish a licensing regime
for establishments which sell alcoholic spirits.
Section 34 of the Act, stipulates the days of operation and opening hours
for various establishments licensed under the Act. It is appreciated that lifestyle
trends have changed and the modern trend is for establishments to open beyond
nine o'clock at nights. As a result, many establishments normally open beyond
the hours prescribed by the Act. A decision has been taken to extend opening
hours of licensed premises under the Act. In order to facilitate flexible future
amendments, a decision has also been taken to delete the opening hours from
the Act and empower the Minister to prescribe them by regulations.
Section 35 of the Act empowers the Superintendent, on application made
to him in writing, to grant any licensed retailer or tavern keeper within the
parish a special licence to keep his premises open until midnight, on any special
occasion and for any special reason on any week day subject to conditions.
Therefore, this Bill seeks to amend section 34 of the SpIrit Licence Act to
empower the Minister, by order published in the Gazette, to prescribe­
(a) the hours for keeping open premises licensed under this Act;
(b) subject to section 35, the extended hours in respect of which the
Superintendent may grant a special licence for keeping open
premises licensed under this Act; and
(c) the days on which premises licensed under this Act are permitted
to be open for the activities authorized under the licence.
The Bill seeks further to amend section 35 ofthe Act to extend the opening
hours for licensed premises under the Act within which a Superintendent may
grant to any the special licence from midnight to the hour prescribed by the
Minister pursuant to section 34(b) being an hour not later than two o'clock in
the morning.
Mark J. Golding
Minister of Justice.
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SECTIONS 34 and 35 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO REPEAL AND REPLACE Hours of Opening and Closing Licensed Premised
34. The hours for keeping open town and village retail houses. taverns and
hotels, respectively, shall be as followstown retail house between seven o'clock in the morning and nine o'clock
at night on weekdays only;
village retail house between seven o'clock in the morning and nine o'clock
at night on weekdays only;
taverns between seven o'clock in the morning and eleven o'clock at night
on weekdays; on Sundays between three o'clock and six o'clock in
the afternoon and between eight and ten o'clock at night;
hotels between seven o'clock in the morning and midnight on weekdays
and Sundays.
35. It shall be lawful for the Superintendent, on an application being made
to him in writing, to grant any licensed retailer or tavern keeper within the
parish a special licence to keep his premises open until midnight on any special
occasion and for any special reason on any weekdays; but such licence shall
only apply for the day for which it is granted and the proof of any such special
licence in any prodeedings taken for an offence against this Act shall be on the
defendant.
A BILL
ENTITLED
AN ACT to Amend the Spirit Licence Act.
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As introduced by the Honourable Minister of Justice.
PRINTED BY JAMAICA PRINTING SERVICES (1992) LTD ..
(GOVERNMENT PRINTERS). DUKE STREET. KINGSTON. JAMAICA.