No. 4 of 2010

Point in Time

Act No: No. 4 of 2010

Act Title: ALCOHOLIC DRINKS CONTROL

SUBSIDIARY LEGISLATION

Arrangement of Sections

THE ALCOHOLIC DRINKS CONTROL (LICENSING) REGULATIONS, 2010

THE ALCOHOLIC DRINKS CONTROL (LICENSING) REGULATIONS, 2010

ARRANGEMENT OF REGULATIONS

Citation

2.	Interpretation

3.	Conduct of business and affairs of District Committee

4.	Application for licence

5.	Failure to submit documents or information

6.	Granting of licences

7.	Licence terms and conditions

8.	Notification of change of particulars

9.	Transfer or assignment of a licence

10.	Renewal of a licence

11.	Revocation of licences

12.	Obligations of a licensee to provide quality of service

13.	Inspections and investigations

14.	Approvals from other authorities

15.

Fees

16.

Hours

SCHEDULES

FIRST SCHEDULE —

PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE DISTRICT COMMITTEE

SECOND SCHEDULE

THE ALCOHOLIC DRINKS CONTROL (LICENSING) REGULATIONS, 2010

[Legal Notice 206 of 2010]

1.	Citation These Regulations may be cited as the Alcoholic Drinks Control (Licensing) Regulations, 2010.

Interpretation

In these Regulations, unless the context otherwise requires—

"District Committee" has the meaning assigned to it under section 2 of the Act;

"licence" means a licence issued under these Regulations;

"licensee" has the meaning assigned to it under section 2 of the Act;

"off-licence" means a licence for the sale of alcoholic drink to be consumed elsewhere than on the premises.

Conduct of business and affairs of District Committee

(1)	The conduct of business and affairs of the District Committee shall be as specified in the First Schedule.

(2)	Save as specified in the First Schedule, the District Committee shall regulate its own procedure.

Application for licence

(1)	A person who wishes to manufacture or otherwise produce; sell, dispose of, or deal with; import or cause to be imported; or export or cause to be exported any alcoholic drink under the Act, shall apply to the District Committee for a licence.

(2)	An application for a grant or renewal of an alcoholic retail drinks licence shall be in Form 1 as set out in the Second Schedule.

(3)	An application for a grant or renewal of a licence to manufacture or otherwise produce; sell, dispose of, or deal with an alcoholic drink shall be in Form 2 specified in the Second Schedule.

(4)	An application for a grant or renewal of a licence to import or cause to be imported; or export or cause to be exported any alcoholic drink shall be made to the District Committee in the district where the business premises is situated and shall be in Form 3 specified in the Second Schedule.

(5)	An application for the transfer or removal of a licence shall be made in triplicate in Form 4 set out in the Second Schedule.

(6)	An application for a temporary alcoholic drink licence or a temporary extension alcoholic drink licence shall be made in Form 5 set out in the Second Schedule.

(7)	An application for an assurance under section 11 of the Act shall be made in triplicate in Form 10 in the Second Schedule.

(8)

Any application submitted under sub-regulations (3) and (4) shall be accompanied with—

(a)	such registration or identification documents as may be required by the District Committee;

(b)	a detailed physical address, telephone number, facsimile number and email address of the applicant;

(c)	detailed information relating the proposed services to be provided;

(d)	where applicable, information relating to the previous experience in the provision of the services for which a licence is sought; and

(e)	any other information that the District Committee may require.

Failure to submit documents or information

(1)	Where an applicant fails to submit all documents or information required under these Regulations, the District Committee may reject the application and inform the applicant, in writing, of the rejection.

(2)	Where the District Committee rejects an application due to incomplete or insufficient information, the rejection shall not, bar the applicant from resubmitting the application.

Granting of licences

(1)	Upon the completion of the application process, the District Committee shall, if it is satisfied that the applicant has complied with the requirements under these Regulations, issue a licence to the applicant.

(2)	A licence issued under these Regulations shall be in Form 6, 7, 8 and 9 set out in the Second Schedule.

Licence terms and conditions

(1)	The District Committee may specify the terms and conditions of a licence consistent with the provisions of the Act and these Regulations.

(2)	A licensee shall comply with all terms and conditions of his licence.

Notification of change of particulars

A licensee shall—

(a)	notify the District Committee of his intention to change the name or contact address he filed with the District Committee at least thirty days before effecting such change; and

(b)	notify the District Committee and the public of any trade or brand name he intends to use at least thirty days prior to using the trade or brand name.

Transfer or assignment of a licence

(1)	A licensee shall not transfer or assign a licence granted under the Act without the written consent of the District Committee.

(2)	The District Committee may, when considering an application for the transfer or assignment, consider the same requirements and terms as if considering an application for the grant of a new licence.

(3)	The District Committee shall communicate its decision on an application for the transfer or assignment of a licence to an applicant within thirty days of receipt of the application and state the reasons for the decision.

10.

Renewal of a licence

(1)	A licensee shall make an application for the renewal of his licence in accordance with the procedure set out in the Act and these Regulations.

(2)	When considering an application for renewal of a licence, the District Committee shall consider the extent of compliance, by the licensee, with the terms and conditions contained in the licence in the previous licence period.

11.

Revocation of licences

(1)	The District Committee may revoke a licence in accordance with the Act.

(2)	Any person who is aggrieved by the decision of the District Committee made under this regulation may appeal in accordance with the Act.

12.

Obligations of a licensee to provide quality of service

A licensee shall, in addition to the terms and conditions of the licence—

(a)	improve service quality, by identifying service deficiencies and making appropriate changes;

(b)	maintain service quality and hygiene while considering environmental and operating conditions;

(c)	ensure that practices increasing consumer satisfaction and safety and decreasing user complaints are encouraged;

(d)	avoid discrimination, relating to the quality of the service offered, between consumers;

(e)	ensure special needs of disabled consumers are also considered when developing quality of service parameters.

13.	Inspections and investigations The District Committee may inspect or investigate matters relating to the quality of service, of a licensee from time to time to ensure compliance or carry out any other visits or inspections pursuant to the Act.

14.

Approvals from other authorities

Notwithstanding that a licence has been issued by the District Committee, a licensee shall bear the responsibility of obtaining the approvals of other Government agencies, local authorities or other relevant authorities that may be required for the provision of the licensed services or premises, or maintenance thereof of any premises on, through, under or across any land.

15.	Fees The Third Schedule shall have effect in relation to the fees payable in accordance with these Regulations.

16.	Hours The alcoholic drink licence hours shall be as specified in the Fourth Schedule.

FIRST SCHEDULE

PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE DISTRICT COMMITTEE

[Regulation 3(1).]

Tenure of office

(1)

The members of the District Committee referred to in section 8(3)(d) and (e) shall, subject to the provisions of this Schedule, hold office for a period of three years, on such terms and conditions as may be specified in the instrument of appointment, but shall be eligible for re-appointment for one further term.

(2)

No person shall be eligible to be appointed as a member of the District Committee under section 8(3)(d) and (e) of the Act if such person is—

(a)	the holder of any licence for the sale, manufacture or distillation of an alcoholic drink;

(b)	a person having a pecuniary interest in a partnership, company or society which is a licensee;

(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 alcoholic drink;

(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.

(3)	Any such person who knowingly acts or sits as a member of the District Committee thereof whilst so disqualified commits an offence and liable to a fine not exceeding ten thousand shillings.

Appointment of Vice-Chairperson

(1)	The District Committee shall, at its first meeting, elect a Vice-Chairperson from amongst the persons appointed under section 8(3)(d) and (e) of the Act.

(2)	The person elected under sub-paragraph (1) shall not be of the same gender as the Chairperson of the District Committee.

Vacation of office

(1)

A member of the District Committee other than an ex officio member may—

(a)	at any time resign from office by notice in writing to then Minister;

(b)

be removed from office by the Minister on recommendation of the District Committee if the member—

(i)	has been absent from three consecutive meetings of the District Committee without its permission;

(ii)	is convicted of a criminal offence that amounts to a felony under the Laws of Kenya;

(iii)

is incapacitated by prolonged physical or mental illness for a period exceeding six months; or

(iv)	is otherwise unable or unfit to discharge his functions.

Meetings

(1)	The District Committee shall meet not less than four times in every financial year in each administrative units of the district and not more than four months shall elapse between the date of one meeting and the date of the next meeting.

(2)	The Chairperson shall, through the Secretary convene the District Committee meetings.

(3)	Notwithstanding sub-paragraph (1), the Chairperson may, and upon requisition in writing by at least a third of all the members shall, convene a special meeting of the District Committee at any time for the transaction of the business of the District Committee.

(4)	Unless three quarters of the total members of the District Committee otherwise agree, at least fourteen days’ written notice of every meeting of the District Committee shall be given to every member of the District Committee.

(5)	The quorum for the conduct of the business of the District Committee shall be half of the total members.

(6)

(a)	The Chairperson or in his absence, the Vice-Chairperson, shall preside at every meeting of the District Committee.

(b)	Whenever the Chairperson and Vice-Chairperson are absent, the Chairperson shall nominate one of the members to preside over the meeting and the business transacted in such a meeting shall be as directed by the Chairperso.

(7)	Unless a unanimous decision is reached, a decision on any matter before the District Committee shall be by a majority of the votes of the members present and voting, and in case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.

(8)	All decisions of the District Committee shall be in writing and shall be authenticated by the signatures of both the Chairperson and the Secretary.

(9)	Subject to sub-paragraph (5), no proceedings of the District Committee shall be invalid by reason only of a vacancy among the members thereof.

(10)	Subject to the provisions of this Schedule, the District Committee may determine its own procedure and the procedure for any sub-committee of the District Committee and for the attendance of other persons at its meetings and may make standing orders in respect thereof.

Sub-Committees

(1)	The District Committee may establish such subcommittees as it may deem appropriate to perform such functions and responsibilities as it may determine.

(2)	The District Committee shall appoint the chairperson of a sub-committee established under subparagraph (1) from amongst its members.

(3)	The District Committee may where it deems appropriate, co-opt any person to attend the deliberations of any of its sub-committees.

(4)	All decisions by the sub-committees appointed under sub-paragraph (1) shall be ratified by the District Committee.

Secretariat

The Secretary to the District Committee shall be responsible for—

(a)	providing administrative support to the District Committee;

(b)	the custody and keeping of the minutes of the proceedings of the District Committee and all other records of the Committee;

(c)	the custody of the common seal;

(d)	such other functions as may be assigned by the relevant agency and the District Committee.

7.	Place of meetings The District Committee may, on a rotational basis, hold meetings within the administrative units of their respective districts.

Disclosure of interest

(1)

A member who has an interest in any contract, or other matter present at a meeting shall at the meeting and as soon as reasonably practicable after the commencement, disclose the fact thereof and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

(2)	A disclosure of interest made under sub-paragraph (1) shall be recorded in the minutes of the meeting at which it is made.

(3)	A member of the District Committee who contravenes sub-paragraph (1) commits an offence.

Common seal

(1)	The common seal of the District Committee shall not be used except on the order of the District Committee.

(2)	The affixing of the common seal of the District Committee shall be authenticated by the signature of the Chairperson and the Secretary.

(3)	Notwithstanding the provisions of sub-paragraph (2) the District Committee shall, in the absence of either the Chairperson or the Secretary in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or Secretary.

(4)

The common seal of the District Committee when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the District Committee under this paragraph shall be presumed to have been duly given.

SECOND SCHEDULE

FORM 1

Laws of Kenya