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Liquor Act 1971

CONSOLIDATED ACTS OF SAMOA 2009

LIQUOR ACT 1971

Arrangement of Provisions

TITLE
1. Short title
2. Interpretation
3. Liquor Control Board
4. Manufacture and importation of liquor
5. Minister may import liquor
6. Custody of liquor
7. Sales of liquor by Government
8. Licences to resell liquor
9. Offences by licensees
10. Offence to sell liquor without authority
11. Offences by minors
12. Offence to drink liquor in public thoroughfares
13. Prohibition orders
14. Penalties
15. Commencement of proceedings
16. Powers of Police officers
17 Regulations
18. Repeals and revocations

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THE LIQUOR ACT 1971
1971 No.12

AN ACT to provide for the control of the manufacture and sale of liquor in Samoa.

[21 December 1971]
[Commencement date: 21 December 1971]

1. Short title - This Act may be cited as the Liquor Act 1971.

2. Interpretation - (1) In this Act, unless the context otherwise requires,-

"Act" includes Ordinance.

"Alii and Faipule" for the purposes of this Act means the customary titleholders whose names appear for the time being on the Register of Matais at the office of the Registrar of Lands and Titles.

"Board" means the Liquor Control Board.

"Collector" means the Collector of Customs.

"Commissioner" means the Commissioner of Police appointed pursuant to the Police Service Act 1977.

"Enactment" includes every Article of the Constitution of the Independent State of Samoa and every section of an Act or Ordinance and every regulation and rule.

"Government" means the Government of the Independent State of Samoa.

"Licensed premises" means a building or part of a building in which the holder of a licence issued pursuant to section 8 is authorised to resell liquor and includes any land adjacent to such building or part of a building from which liquor may lawfully be resold.

"Liquor" means any spirits, wine, ale, beer, stout, cider, or any other fermented, distilled or spirituous liquor ordinarily used as a beverage which contains more than 2 parts per cent of proof spirit.

"Liquor Importer's Licence" means a licence granted under section 5A to import liquor into Samoa.

"Minister" means the Minister of Revenue.

"Nominee" means any Officer or employee of the Ministry of Finance authorised by the Chief Executive Officer of the Ministry of Finance in writing to exercise the rights and powers conferred by the principal Act on the Chief Executive Officer of the Ministry of Finance.

"Permit" means a permit granted under section 5B to import liquor into Samoa.

"Police officer" means a commissioned officer of Police; and includes any sergeant, corporal, and constable acting with the express authority and under the instructions of a commissioned officer of Police.

"Revenue Board" means the National Revenue Board established pursuant to the Public Finance Management Act 2001.

(2) Where by this Act the Minister is enabled to delegate any of the Minister's powers to the Collector, or to authorise the Collector to take any action, the Minister may, in addition thereto or in lieu thereof, delegate to or authorise any other officer of the Customs Department.

(3) Nothing in this Act shall apply to a minister of religion obtaining and using or giving wine or other liquor in connection with any religious rite or sacrament.

3. Liquor Control Board - (1) There is hereby established for the purposes of this Act a Board to be known as the Liquor Control Board which shall consist of the Minister, who shall be the Chairperson of the Board, the Commissioner, the Collector, the Chief Executive Officer of the Ministry of Health, the Chief Executive Officer of the Ministry of Finance (or his or her nominee) and four persons to be chosen by the Minister from the general public.

(2) Four members of the Board present at a meeting shall form a quorum.

(3) The Board shall have power to:

(a) Grant or refuse any application for a licence under sections 5A or 5B;

(b) Hold such enquiries as it thinks fit and advise the Government on matters relating to the control of manufacture, sale and consumption of liquor in Samoa;

(c) Prescribe fees to be paid for licences and permits under this Act;

(d) Fix the price payable to licensees for liquor sold by them;

(e) Prescribe opening and closing hours for the sale of liquor by licensees;

(f) Do such things as shall be prescribed by regulations under this Act;

(ff) Prescribe opening and closing hours for licensed premises, including the prescription of different hours for different types of licensed premises.

(4) There shall be a Secretary of the Board who shall be appointed by the Public Service Commission and who may hold any other office in the Public Service which the Public Service Commission shall consider to be not incompatible therewith.

4. Manufacture and importation of liquor - (1) It shall not be lawful for any person to brew or manufacture or sell liquor in Samoa, except with the prior written authority of the Minister to be given on such terms and conditions as the Minister may deem fit to impose and to be consistent with any regulations to be made under this Act.

(2) Except as provided in sections 5, 5A and 5B of this Act, it shall not be lawful for any person to import any liquor into Samoa:

PROVIDED THAT it shall be lawful for any person of or over the age of 21 years returning or entering into Samoa to bring with him or her as part of his or her personal baggage and exempt from Customs duty one bottle of spirits for consumption by himself or herself or members of his or her household.

(3) Every person who carries, conveys or conceals any liquor brewed, manufactured, or imported in breach of this section, or who has in his or her possession or control any such liquor, or who is the owner, lessee, or occupier of any premises in or about which any such liquor is found, shall be guilty of an offence against this Act, unless in the case of an accused person charged with being the owner, lessee or occupier of premises in which any such liquor is found as aforesaid the person satisfies the Court that such liquor was not there with the person's knowledge or consent.

5. Minister may import liquor - (1) The Minister may, for and on behalf of the Government, and at the cost of Treasury, purchase and import into Samoa such liquor of such nature as the Minister thinks fit for sale or use in accordance with the provisions of this Act.

(2) The Minister may from time to time delegate all or any of the powers under subsection (1) to the Collector.

5A. Liquor Importer's Licence - (1) Any person who is the holder of a licence granted under section 8 may make application to the Board for a grant of a liquor importer's licence.

(2) Upon application, it shall be lawful for the Board to grant to such person a licence authorising him or her to import liquor into Samoa.

(3) Every liquor importer's licence shall be subject to all such terms and conditions imposed in each case as the Board thinks fit and the Board may for reasonable cause cancel or vary any licence.

(4) A liquor importer's licence shall be:

(a) Valid only for the calendar year of issue;

(b) Valid only if the holder continues to be a holder of a licence granted under section 8.

5B. Permit - (1) The holder of a liquor importer's licence who wishes to import liquor shall apply to the Collector for a permit before placing an order for liquor with a supplier.

(2) The Collector may grant a permit subject to all such terms and conditions as the Collector thinks fit.

(3) The Collector may refuse to grant a permit either in whole or in part where stocks of the same liquor or similar liquor are already held by the Collector for resale in accordance with this Act, or where in any other case the Collector considers it fit to do so.

(4) Every permit shall be:

(a) Valid only for one consignment, and the quantities and types of liquor to which it applies shall be specified therein;

(b) Subject to the payment of any prescribed fees at such time as the Collector determines.

(5): (a) Except as provided in the proviso to section 4(2) and except as provided in section 5, any person who imports liquor into Samoa without a liquor importer's licence and a permit, or contrary to any term or condition of a liquor importer's licence or permit, shall be guilty of an offence;

(b) It shall be lawful for the Collector to seize such liquor which shall be forfeited to the Government and shall be kept in the custody of the Collector until it is sold, destroyed, or otherwise disposed of as the Minister thinks fit.

6. Custody of liquor - All liquor hitherto imported and held in stock by the Collector on the coming into force of this Act, and all liquor imported pursuant to section 5, shall be kept in the custody of the Collector until it is sold or disposed of under the provisions of this Act.

7. Sales of liquor by Government - (1) The Government may sell liquor to any persons of or over the age of 21 years who have not been prohibited under a prohibition order, at such prices as the Minister shall fix from time to time.

(2) Such sales shall be made for cash and from such Government store on such days and between such hours as the Minister shall from time to time direct.

(3) No such sale shall be of less liquor than is contained in a bottle or can or other sealed container, and no liquor shall be consumed by a purchaser at any such store.

(4) The Collector shall keep proper records relating to the importation, custody and sale or other disposition of liquor.

8. Licences to resell liquor - (1) It shall be lawful for the Board to grant, on application, a license to the owners or occupiers of suitable premises authorising the holder thereof to purchase liquor from the Government or the holder of a valid liquor importers licence and to resell such liquor in the licensed premises at such times and during such hours as shall be stipulated in the licence:

PROVIDED THAT no licence shall be granted under this section without the prior approval of Alii and Faipule of the village wherein such premises are situated.

(2) Every such licence shall be subject to all such terms and conditions imposed in each case as the Board thinks fit and the Board may for reasonable cause cancel or vary any such licence.

(3) Any such licence may, at the Board's discretion, authorise the sale of liquor for consumption on the premises only, or for consumption off the premises only, or for consumption either on the premises or off the premises.

9. Offences by licensees - (1) Every licence who shall sell or expose for sale any liquor at any place or time or in any quantity or manner not authorised by his or her licence or by the provisions of this Act shall be guilty of an offence.

(2) Any licensee who sells or supplies or allows to be sold or supplied any liquor to any person under 21 years of age shall be guilty of an offence.

(3) Every licensee commits an offence, who:

(a) Permits drunkenness or violent, quarrelsome, disorderly or riotous conduct to take place on his or her licensed premises or sells any liquor to any drunken person; or

(b) Knowingly permits any disorderly or drunken persons to assemble or remain on his or her licensed premises; or

(c) Suffers or permits unlawful gambling, as defined in section 58P(2) of the Crimes Ordinance 1961 (as enacted by section 3 of the Crimes Amendment Act 1969), to be carried on in his or her licensed premises.

(4) Every licensee shall be responsible for the acts or omissions of his or her servants or agents in contravention of this Act, notwithstanding that it shall appear that the offence charged was not committed by such licensee personally but by his or her servant or agent.

10. Offence to sell liquor without authority - Every person, not being licensed or authorised under or by virtue of this Act to sell Liquor, who sells or offers or exposes or keeps for sale any liquor commits an offence.

11. Offences by minors - Every person under the age of 21 years commits an offence who drinks any liquor in any hotel, club or place of resort open to or used by the public or has possession of any liquor therein.

12. Offence to drink liquor in public thoroughfares - Every person commits an offence who drinks any liquor on any road, street, footpath, alley or any thoroughfare of a public nature, or in any licensed public vehicle or passenger carrying vessel, or on any village malae other than during the course of an official function lawfully held thereon.

13. Prohibition orders - (1) Upon the application of any person or any relative of such person or of the Police Service, and upon proof that such person is of confirmed intemperate habit a Court may make a prohibition order in respect of such person prohibiting the person from possessing or drinking any liquor for such period or for life as the Court shall determine.

(2) Every prohibited person who purchases or procures or possesses liquor during currency of a prohibition order commits an offence.

(3) Every person commits an offence who knowingly procures any liquor for a prohibited person or assists such person to procure liquor.

(4) A prohibition order may at any time not less than one year after the date of the order be rescinded by a Court, on being satisfied that the prohibited person has in all respects complied with the prohibition order and appears unlikely to revert to his or her previous intemperate habits.

(5) Whenever a Court has made a prohibition order it shall cause notice thereof to be given to the Commissioner, the Collector, and all licensees holding licences under this Act.

14. Penalties - (1) Any person convicted of an offence against this Act or any regulations made hereunder shall, until and unless any other penalty is provided, be liable for a first offence to a term of imprisonment not exceeding 2 months or a fine not exceeding 5 penalty units or both, and for a second or any subsequent offence to imprisonment for a term not exceeding 6 months or a fine not exceeding 10 penalty units or both.

(2) Where any offender against this Act is a licensee, the convicting Court may in addition recommend to the Board that his or her licence be cancelled.

(3) Where a second or subsequent offence involving drunkenness is committed by any person the Court in addition to any other penalty may make a prohibition order against the person.

(4) On the conviction of any person for an offence against this Act, the Court, in addition to any other penalty imposed or order made by it, may declare any liquor which has been seized by the Police Service under section 16(c) and in respect of which such person is convicted together with the container of such liquor, to be forfeited to the Government, to be sold, destroyed, or otherwise disposed of as the Minister thinks fit.

15. Commencement of proceedings - All proceedings for offences against this Act shall be commenced within a period of 6 months after the commission of the offence charged, and may be instituted and prosecuted in the name or at the instance of the Commissioner or the Collector.

16. Powers of Police officers - Any Police officer may at any time:

(a) Enter on and inspect any licensed premises or any part thereof;

(b) Demand the name, address and age of any person in any licensed premises or public place;

(c) On suspecting for reasonable grounds that an offence against this Act has probably been committed at or in any place to enter on such place under the authority of a search warrant to be duly obtained by him or her, and to seize any liquor the possession of which is not satisfactorily accounted for by any owners or occupants of such place, such liquor to be held in safe custody pending an order being made under section 14(4) in relation thereto.

17. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make all such regulations as shall be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

(2) Without limiting the general power conferred by subsection (1), it is hereby declared that regulations may be made under this section for all or any of the following purposes:

(a) Prescribing procedures and forms in respect of application for and issue of licences;

(b) Providing for fees and allowances of members of the Board;

(c) Providing for the keeping of records and accounts for the purposes of this Act;

(d) Prescribing minimum standards with respect to the location, size and nature of premises to qualify for the issue of a licence under this Act.

18. Repeals and revocations - (1) The following enactments are hereby repealed and shall cease to form part of the law of Samoa:

(a) Part XIII, comprising sections 336 to 341 inclusive, of the Samoa Act 1921 (NZ);

(b) Sections 12, 13 and 14 of the Samoa Amendment Act 1923 (NZ);

(c) Part II, comprising sections 5 to 20 inclusive, of the Samoa Amendment Act (No.2) 1956 (NZ).

(2) The following regulations are hereby revoked and shall cease to form part of the law of Samoa:

(a) The Samoa Sale of Intoxicating Liquor Regulations 1920 (NZ);

(b) Regulations made by Order in Council on the 30th day of October 1922, amending the Samoa Sale of Intoxicating Liquor Regulations 1920 (NZ).

(3) The following regulations are hereby revoked:

(a) The Board of Health of Samoa Regulations No.1 (being Regulations for the Sale of Intoxicating Liquor, published in 1922 Samoa Gazette page 28);

(b) Amending Regulations for the Sale of Intoxicating Liquor (published in 1929 Samoa Gazette page 265).

REVISION NOTES 1997

The Liquor Act 1971 No.12 as shown in this reprint comprised that Act amended as indicated below:

Section 2 (1): The definitions of "Alii and Faipule" and "Licensed Premises" were awarded by the Liquor Amendment Act 1991, No. 13 section 2. The definitions of "Liquor Importer's Licence" and "Permit" were added by the Liquor Amendment Act 1986 No. 26 section 3. The definition of "Nominee" was added by section 2 of the Liquor Amendment Act 1992/93, No. 36. The definition of "Revenue Board" was added by the National Revenue Board Act 1990, No. 24 section 15.

Section 3(1): The replacement of three persons for one person is contained in 1991 No. 13 section 3 (1).

The amendment contained in the Liquor Amendment Act 1992/93 section 3 has also been inserted into this subsection.

Section 3 (2): The alteration of the quorum to four persons is contained in 1991 No. 13 section 3 (2).

Section 3(3)(a): The addition of section 5A is contained in 1986 No. 26 section 4 (a).

Section 3(3)(c): The addition of the words "and permits" is contained in 1986 No. 26 section 4 (b).

Section 3(3)(ff): Was added by 1991 No. 13, section 3 (3).

Section 4(2): Amended by 1986 No. 26, section 5.

Sections 5A and 5B: Were added by 1986 No. 26 sections 6.

Section 8(1): Amended by 1986 No. 26 section 7.

Section 8(2): Amended by 1991 No. 13 section 4.

Sections 15(2) and (3) of the National Revenue Board Act 1990 state:"(2) subject to subsection (3) of this section wherever in any Revenue Act (excepting only this Act) or in regulations made under any such Act there is a discretion given to a Minister any such discretion shall be exercised by that Minister only after he or she has consulted with the Revenue Board, and the Revenue Acts and Regulations shall be construed accordingly.

(3) subsection (2) of this section shall not apply:

(a) to section 5 of the Liquor Act 1971.

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.

(c) All references to the male gender have been made gender neutral.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(e) Amendments have been made to up-date references to offices, officers and statutes.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

Section 3 The word "three" in subsection (1) was replaced with "four" by the Membership of Statutory Boards and Authorities Act 2001 (No. 9).

Section 14(1) The fines were increased to 5 penalty units for a first offence and 10 penalty units for subsequent offences by the Fines (Review and Amendment) Act 1998 (No. 24).

NOTE: Reference to "Commissioner" and "Collector" has not been changed. They are now offices both held by the Chief Executive Officer of Revenue. A formal amendment is required.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

The commencement date is inserted. Pursuant to section 8 of the Acts Interpretation Act 1974, where there is no express provision in the Act for a commencement date, the date of assent is the date of commencement. This law has not been amended since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Liquor Act 1971 is administered in the Ministry for Revenue.