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Intoxicating Liquor (Amendment) Act 1995

TONGA

INTOXICATING LIQUOR (AMENDMENT) ACT 1995

Act 15 of 1995

AN ACT TO AMEND THE INTOXICATING LIQUOR ACT

I assent,

TAUFA'AHAU TUPOU IV,
9th November, 1995

[26th October, 1995]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. This Act may be cited as the Intoxicating Liquor (Amendment) Act 1995. The Intoxicating Liquor Act (Cap. 84), as amended, is in this Act referred to as the Principal Act.

2. Section 4(1) of the Principal Act is amended by inserting under the words "Restaurant Licences" the following words: "Night Club Licences".

3. Section 22 of the principal Act is amended by deleting the proviso thereto.

4. The Principal Act is amended by inserting above section 44 the heading "RESTAURANT LICENCES".

5. The Principal Act is amended by inserting after section 45 and before the heading "Applications" the following heading and sections:

"NIGHT CLUB LICENCES

45A (1) A night club licence shall authorise the licensee to sell or supply liquor for consumption on the licensed premises during the permitted hours.

(2) The permitted hours under a night club licence shall be the hours between 8 p.m. of any day and 4 a. m. of the following day, except that no sale or supply of liquor shall be permitted between the hours of 12 midnight of the previous day and 12 midnight on any Sunday, Good Friday or Christmas Day.

(3) In the event of any person acting in contravention of a night club licence, the licensee and such person shall be guilty of an offence and on conviction shall be liable to a fine not exceeding $100 in the case of the licensee and $50 in the case of any other person.

45B (1) A night club licence or the renewal thereof shall not be granted unless the Minister of Police is satisfied that-

(a) the premises have been structurally adapted and are otherwise suitable for the purpose of a nightclub;

(b) the premises have adequate toilet, urinal and wash-hand basin facilities as may be prescribed by the Ministry of Health;

(c) the premises conform to the specifications laid down by the Fire Service Department for safe fire standards.

(2) A night club licence may be suspended by the Minister of Police at any time if-

(a) the licensed premises are being conducted in such a manner as to cause nuisance;

(b) the licensed premises fail to comply with any of the requirements contained in subsection (1)."

6. Section 46 of the Principal Act is amended by deleting the word "restaurant".

7. Section 47 of the Principal Act is amended by inserting between the words "obtain a" and "publican's" the words "night club".

8. Section 52(2) of the Principal Act is amended by inserting between the words "holder of a" and "wholesale" the words "night club".

9. Section 55 of the Principal Act is amended by inserting between the words "holder of a" and "publican's" the words "night club".

10. The Principal Act is amended by inserting immediately after section 56 but before the heading "OFFENCES" the following heading and section:

"APPEALS

56A (1) Any person may appeal to Cabinet from a decision made by the Minister of Police on any matter relating to the operation of this Act.

(2) The decision of Cabinet on any appeal made under this section shall be final".

11. The First Schedule to the Principal Act is amended by inserting the following below "Restaurant Licence":

"NIGHT CLUB LICENCE $400".

12. The Second Schedule to the Principal Act is amended by inserting the following at the end thereof:

"NIGHT CLUB LICENCE

(Section 45A)

Licence is hereby granted to....................................................................... of .................................................................................to sell or supply intoxicating liquor for consumption on the undermentioned premises during the permitted hours.

The permitted hours shall be the hours between 8 p.m. of any day and 4a.m. of the following day, except that no sale or supply of liquor shall be permitted between the hours of 12 midnight of the previous day and 12 midnight on any Sunday, Good Friday or Christmas Day.

This licence applies only to the premises at ........................................................ and at present occupied by ......................................................and will expire on the ..............day of .....................................................19 ........................

Given under my hand this ............... day of .................. 19........

Licensing Officer"

Passed by the Legislative Assembly this 26th day of October, 1995

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