Zimbabwe
Liquor Act
Chapter 14:12
- Commenced on 1 January 1985
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title
This Act may be cited as the Liquor Act [Chapter 14:12].2. Interpretation
3. Application of Act
Part II – Liquor Licensing Board
4. Establishment of Liquor Licensing Board
5. Terms of office of members
6. General disqualifications for membership of Board
7. Appointment and duties of secretary of Board
Part III – Meetings of Board
8. Times and places of Board meetings
Meetings of the Board shall be held at such times and places as the chairman may determine.9. Procedure
10. Conflict of interest
No member shall take part in any meeting or decision of the Board concerning—11. Hearing of applications and objections
12. Board may take notice of matters
The Board may of its own motion take notice of any matter or thing which in its opinion would be a ground for refusing an application or for imposing a condition in respect of a licence:Provided that, where the Board proposes to act in terms of this section, it shall cause notice of such fact and the ground upon which it proposes to act to be given to the applicant and shall afford him a reasonable opportunity to make representations on the matter and to appear in support of such representations.13. Examination by Board and administration of oaths
14. Evidence and cross-examination
15. General addresses to Board
16. General powers of Board
The Board may, subject to this Act—17. Decisions of Board
18. Record of Board’s proceedings
19. Appeals
Part IV – Licences and licensing authorities
20. Classification of licences
21. Form of licences
22. Licensing authorities
23. Part I licences: duration and fees
24. Part II licences: duration and fees
25. Exemptions and refunds
Where he considers that it is just and equitable by reason of the fact that the carrying on of a trade or business for which a licence is required in terms of this Act has been or is likely to be restricted or curtailed by virtue of anything done or required to be done under any law relating to defence, the preservation of public safety or the maintenance of law and order or by virtue of any hostile act or activity directed towards the Government or inhabitants of Zimbabwe, the Minister may—Part V – Form, scope and purpose of licences
General
26. Licences to be in prescribed form
All licences shall be in the prescribed form.Part I licences
27. Extended hours (occasional) liquor licence
28. Temporary retail liquor licence
29. Temporary removal liquor licence
30. Temporary transfer liquor licence
Part II licences
31. Agent’s liquor licence
32. Airport liquor licence
33. Airport bottle liquor licence
34. Bar liquor licence
35. Beer-hall liquor licence
36. Bottle liquor licence
37. Special bottle liquor licence
38. Camp and caravan park liquor licence
39. Casino liquor licence
40. Club liquor licence
41. Hotel liquor licence
42. Hotel (private) liquor licence
43. Night-club liquor licence
44. Park area liquor licence
45. Passenger vessel liquor licence
46. Restaurant (ordinary) liquor licence
47. Restaurant (special) liquor licence
48. Theatre liquor licence
49. Theatre club liquor licence
50. Wholesale liquor licence
51. Wine producer’s liquor licence
Part VI – Licence applications
52. Application for Part I licence
53. Application for issue of Part II licence
54. Application for renewal of Part II licence
55. Temporary continuation of validity of licence
56. Application for removal of Part II licence
57. Application for conditional authority
58. Application for transfer of Part II licence
59. Death or incapacity of applicant
60. Transfer of licence pending grant or refusal of application for renewal
Where a person has applied in terms of this Part for authority for the renewal of a licence and before such authority is granted or refused the licence is transferred, the Board or secretary may, subject to this Act, grant the application in the name of the transferee.Part VII – Monopoly areas
61. ***
[section 61 repealed by section 10 of act 12 of 1997]62. ***
[section 62 repealed by section 10 of act 12 of 1997]63. ***
[section 63 repealed by section 10 of act 12 of 1997]Part VIII – Approved managers
64. Application for approval of manager
65. Board may authorize more than one approved manager
66. When approved manager ceases to be manager
Where an approved manager has ceased or will cease for any reason to be the manager of the licensed premises, the licensee may make application in terms of section sixty-four to the Board for the deletion of the manager’s name and address from the licence or certificate upon which it is endorsed and for the approval of some other person as manager.67. Qualifications of approved manager
68. Appointment of deputy for period not exceeding thirty days
69. Appointment of deputy for period exceeding thirty days
Part IX – General considerations relating to licences
70. General discretion of licensing authority
71. General considerations
72. Persons to whom licences may not be granted
73. Notification of change of directors
74. General restrictions as to premises
75. Conditions may be imposed
Part X – Conduct of licensed premises
76. Duty of approved manager
77. Licensed premises not to be altered without permission
78. Employment of certain persons in licensed premises
The holder of a Part II licence, other than a wholesale liquor licence, and an approved manager of the licensed premises to which any such licence relates shall not employ in connection with the sale of liquor or in any bar on his licensed premises during the hours when liquor may be sold or supplied by him, any person who—79. Exclusion of certain persons from licensed premises
80. No liquor to be consumed on licensed premises later than thirty minutes after closing time
81. Restriction on credit sales of liquor
82. Payments for liquor
83. Restrictions on recovery of debts for liquor supplied
84. Sale or supply of liquor to persons under eighteen
85. Display of licence and name of deputy approved manager
Part XI – Permits to sell liquor
86. Permits for sale of liquor
87. Conditions of permits
88. Duration and renewal of permits
89. Cancellation, suspension and variation of permits
Part XII – Powers and duties of inspectors of premises, medical officers and police
90. Reports to be submitted
An inspector of premises, a medical officer of health and a police officer who has been called upon to report in terms of paragraph (b) of subsection (2) of section fifty-three, subsection (5) of section fifty-four or subsection (2) of section sixty-four shall as soon as possible furnish such report in such form and manner as may be prescribed.91. General duty of inspector to report
92. Special report by police
Whenever it appears to the officer commanding the police district where any licensed premises are situated that—93. Chairman to convene meeting to consider report
94. Inspection of premises
95. Police right of entry and seizure
96. Police may demand names and addresses
97. Closing of licensed premises during tumult
98. Closing of licensed premises for reasons of public safety or public order
Part XIII – General
99. Representative may continue when licensee incapacitated
100. Appointment of inspectors of premises
101. Other licences under Chapter 14:17 not required
Notwithstanding anything to the contrary contained in the Shop Licences Act [Chapter 14:17], the holder of a licence or permit may, in accordance with this Act, sell any liquor, refreshments, light refreshments or other articles the sale of which is authorized by his licence or permit, as the case may be.102. Right of disposal on forfeiture or cancellation of licence
103. Presumption of sale by unlicensed person
Evidence that an unlicensed person—104. When supply of liquor presumed to be sale
Evidence that a person has supplied any liquor in connection with any dealing or transaction in the nature of a sale or exchange shall be prima facie proof that such person had sold, supplied or dealt in such liquor.105. Evidence of sale or consumption of liquor
In proving the sale or consumption of liquor for the purpose of any proceedings relative to any offence under this Act, it shall not be necessary to show that any money actually passed or any liquor was actually consumed, if the court is satisfied that a transaction in the nature of a sale actually took place or that any consumption of liquor was about to take place.106. Presumption of sale arising from presence in licensed premises
Evidence that any person other than—107. Presumption arising from supply of liquor
Evidence that any liquor was supplied to any person upon licensed premises by—108. Presumption arising from consumption of liquor
Evidence of consumption or intended consumption of liquor on licensed premises by some person other than—109. Burden of proof where prohibited person on premises
If any person, who in terms of this Act is prohibited from access to, or from being at any particular time upon, any licensed premises or any particular portion thereof, is proved to have been upon such premises or portion thereof or to have been there at such time, the licensee or approved manager of such premises shall be deemed to have permitted such person to be at the place where he is proved to have been unless the licensee or approved manager proves to the satisfaction of the court that he and, in addition, his agents and employees exercised all due diligence to prevent the presence there of such person.110. Burden of proof that accused is licensed or exempted or premises have approved manager
111. Extract from register
A document certified by the secretary and purporting to be an extract from the register kept by him in terms of subsection (3) of section seven shall, upon its mere production by any person, be received as prima facie proof of the facts stated therein.112. Criminal responsibility of licensee or approved manager for unlawful act of agent, employee or member of family
113. Control of sale of liquor
114. Control of soliciting, etc., off licensed premises of orders for sale of liquor
115. Prohibited conduct by licensees and approved managers
116. Prohibited conduct by persons in general
117. Free supply of liquor by proprietors of unlicensed restaurants prohibited
118. Offences and penalties
119. Surrender of licence or permit to secretary
120. Limitation of liability
No action, civil or criminal, shall lie against a licensee or approved manager who refuses to supply liquor to any person whom such licensee or approved manager believes to be a person prohibited from acquiring liquor in terms of this Act.121. Provisions relating to exemptions
122. Regulations
History of this document
01 January 1985
Commences.