The Spirits (Distillation and short title (1962)

Assented to in Her Majesty's name this /5th day of February, 1962. LS No. 5 FREEDO MAURICE H. DORMAN, Governor-General. STICEJ Sierra Leone An Act to Regulate the Distillation of Spirits in Sierra Leone . 1962.] com BE IT ENACTED by the Queen's Most Excellent Majesty, by andwith the advice and consent of the House of Representatives inthis present Parliament assembled, and by the authority of thesame, as follows: Date of Provided that the Governor-General may appoint differentdates for the coming into operation of different provisions hereofn any area, 1, This Act may be cited as the Spirits (Distillation and short title.Licensing) Act, 1962, and shall come into operation in such areas applicationand on such dates as the Governor-General shall from time toand comtime by Order appoint: A 13 mencenent. mencement. A 14 Interpreta tion. hibitions. No, $ Special Spirits (Distillation and Licensing)

" Board" means the Licensing Board appointed under section $; " distil " includcs " redistil ": "liccnscd company licence : means a company holding a special "Minister " means the Minister responsible for Trade and Industry: "omole " means any spirits distilled in Sierra Leone from material grown in Sierra Leone, other than refined spirits distilled under a special licence; omole licence " nmcans a licence to distil omole granted bv the Board: refincd spirits " means the spirits listed in the Schedule hereto, which may be varied, anended or replaced by an Order of the Minister: Exemption 3. Notwithstanding any existing legislation to the contrary of omoie licence the holder of an omole licence may without any further licence holder or authority distil omole in Sierra Leone and sell the same to trom certain a liccnsed company according to the terms of his licence. special licence " means a licence granted by the Minister to distil refined spirits.

Wellington Distilleries, Limited (being a company in which the Government holds more than fifty per centum of the share capital). (2) After the expiration of ten years from the passing of this Act the Minister may grant a special licence to any company registered in Sierra Leone in which the Governmnent holds more than fifty per centum of the share capital. (3) A special licence shall be granted for such period not exceeding ten years as the Minister may determine. (4) Notwithstanding any existing legislation to the contrary a special licence shall authorise a licensed company without any further licence or authority to distil refined spirits in Sierra Leone and sell the same to the public or any member thereof subject lo the condition that súch company shal! offer to purchase for distillation during every calendar year a quantity of omole to be fixed by the Minister annually: Provided that nothing in this Act shall compel a licensed company to buy omole of a strength less than thirty-seven per centum of alcohol by volume. (5) The price to be paid for omole by a licensed com pany and the conditions of purchase shall be subject to the approval of the Minister and may be varied from time to time with the approval of the Minister. legal pro No, 5 Spirits (Distillation and Licensing) 1962 (6) A special licence shall not cease to bc valid by rcason of the fact that the Government ceases to hold more than fifty per centum of the share capital of the company to which the licence was granted. 5, The Minister shall by Notice in the (Gazete appoint a Licensing Licensing Board to grant omole licences. The Board shall Board. consist of a Chairman and two mebers of whom the Chairman and one member shall be publie oflicers.

Within thirty days of the grant of a special licence to Applicsa company under section 4 the Board by notice in the Guzette tions for shall invite applications for omole licences for the supply of omolelicences.omole to such conmpany. Applications shall be in the form

(1) On the expiry of the period for the submission of Grant ofapplications under section 6 the Board shall meet to grant omole licences and (a) the total quantity of onole whiclh a licenscd company must offer to purchase under the condi tions of its licence; general (2) The Board shall invite one representative of a conditions licensed company to attend its meeting as an observer. governing the grant (3) In granting or refusing omole licences the Board of omole shall have regard to the following considerations (b) the price to be paid for omole by a licensed company; (c) the number of persons associated in any one such application made by a partnership, a registered company or aco-operative society; (d) the place at which an applicant proposes to distil spirits having regard to the desirability of a fair distribution of such licences throughout Sierra Leone in so far as the economic circum stances permit; and (e) any other considerations which in the opinion of A 15 the Board are relevant to the economic prospects of a particular applicant or of the applicants generally to whom omole licences may be granted. (4) Every omole 1licence shall specify the quantity of omole which the holder is required to offer to a licensed com pany during the following twelve months. Such quantity may exceed but shall not be less than three thousand gallons, and the Board may specify different quantities in different licences. (5) The total of the quantities of omole specified under Subsection (4) in the omole licences issued by the Board in any calendar year for the supply of omole to a licensed company shall not exceed the total quantity of omole which such licensed company is required to offer to purchase in that year. initial omole prescribed by and shall be submitted to the Board within a period of sixty days from the first publication of such notice. A 16 Expiry and renewal of licences and grant Omole licenceholder to keep records. No. 5 Revocationof special licençe. Spirits (Distillation and Licensing) 1962 (6) The Board shall not be required to give its reasons for the grant or refusal of an omole licence, but shall publish (7) Any applicant aggrieved by a decision of the Board may appeal to the Minister whose decision shall be final. (8) An omole liccnce slhall be in the prescribed form and shall be issued on payment of the sum of twenty pounds: (2) The Board shall meet annually in November or of additional December to grant omole licences for the following calendar year omole Provided that if the first of such licences issued after the coming into operation of the Act are issued in the second quar ter of the year the fee for that year shall be fifteen pounds only and if in the third or fourth quarters of the year shall be ten pounds and five pounds respectively.

(1) An omole licence shall expire on the 31st Decembernext following the date of issue. and shall be advised by the Minister of the minimum quantity of omole to be purchased by licensed companies during that calendar vear and of the price to be paid for it. (3) A licensed company shall purchase from the holder of each omole licence granted for the supply of omole to th¡t com pany the annual quantity shown on the licence. If a licensed company can purchase more than the total quantity which it is required to buy under the terms of a special licence it shall notify the Board and the Minister of the additional quantities which it is prepared to purchase. Such notifications shall be nade quarterly and shall take account of any quantities outstanding from omole licence holders. (4) If in the opinion of the Board the supply of omoleto any licensed company falls short of its requirements, theBoard with the prior approval of the Minister may grant additional omole licences at any time during a calendar year. Such additional licences may be granted either to the holders ofexisting omole licences or to any other person at the discretion ofthe Boardand the fee for such licences shall be calculated by themethod set out in subsection (8) of section 7. (5) Where appropriate the provisions of sections 6 and7 shall apply to the grant of annual and additional omolelicences.

A special licence may be revoked by the Minister ifa licensed company ceases to operate a distillery or to purchase omole in accordance with the conditions of the special licence, or fails to observ any other conditions of such in the Gazette particulars of such liccnces granted. No. 5 Spirits (Distillation and Licensing) 1962

An omole licence may be revoked by the Minister if Revocationof omole the licence holder (a) fails to supply a licensed company with the quantity of omole specificd in such licence, or (6) fails to observe any other condition of such licence; or (c) is convicted of a criminal offence under this Act.

(1) Any person producing or in any way connected Medicalwith the production or sale of spirits in Sierra Leone shall require comply with all lawful directions given him from time to time by any Government medical officer and shall do all things necessary to protect such spirits from contamination. (2) For the purposcs of this section any Government medical oficer or any person authorised in writing by the Board may enter at all reasonable times upon premises where spirits are being produced or are capable of being produced and inspect the state and condition of the premises and may take samples of spirits for analysis.

(a) to comply with the requirements of this Act as to licence; or licence. ments. (2) Regulations made under this section shall be laid before the House of Representatives as soon as possible after being made. If within twenty days, beginning with the date on which the Regulations are so laid, the House resolves that the Regulations shall be annulled the Regulations shall be deemed to be revoked but without prejudice to the validity of anything previously done thereunder or to the making of further Regulations. Offences. (6) to comply with any lawful direction given by a Government medical officer shall constitute an offence against the- Liquor Act and render any Cap. 237. person guilty thereof liable to punishment in accordance with the provisions of section 8 of that Act.

(1) The Minister may make Regulations generally for Regulaall or any of the purposes of this Act. tions. A 17 Moneys to

Consolidated be paid into the Consolidated Revenue Fund. Revenue Fund.

Liquor Act is hereby amended' by the insertion immediately ment of after the words such licence " in the second line thereof of the sections 5 and 6 of Words or any licence granted under the provisions of the Cap. 237. Spirits (Distillation and Licensing) Act, 1962.". No. 5 Spirits (lDistillation und Licensing) (2) Paragraph (3) of the proviso to section 6 of the. * the last precedLiquor Act is lhereby anended by the substitution in the second and third lines thercof for the words the Spitits (Distillation and words ing scction " of the Licensing) Act. 1962, or section 5 of this Act.". Whiskey M.P. CI, 14/18, Gin Rum Brandy

Vermouth Vodka Schnapps. (Section 2) Passed in the House of Representatives this 12th day of January, in the year of our Lord one thousand nine hundred and sixty-two. S. V. WRIGHT, Clerk of the House of Representatives. THIS PRINTED IMPRESSION has been carefully compared by me WitIlthe Bill which has passed the House of Representatives and found by me tobe a true and correctly printed copy of the said Bill, S. V. WRIGHT, Clerk of the House of Representatives.