Customs (Liquors Licensing) Regulations - Singapore Statutes Online

Customs Act

(CHAPTER 70, Section 143)

Customs (Liquors Licensing) Regulations

Rg 3

REVISED EDITION 2002

(30th September 2002)

[19th September 1980]

Citation

1. These Regulations may be cited as the Customs (Liquors Licensing) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Board” means the Liquors Licensing Board constituted under section 70(1) of the Act;

“Chairman” means the Chairman of the Board;

“Health Officer” means any registered medical practitioner, as defined in the Medical Registration Act [Cap. 174], who is in the service of the Government and includes any person authorised by him to perform the duties required of a Health Officer by these Regulations;

“licence” means any licence specified in section 74(1) of the Act;

“member” means a member of the Board;

“ordinary licence” means any licence other than a special licence, a temporary licence or a licence in respect of a railway restaurant car or the Victoria Theatre;

“Secretary” means the Secretary of the Board;

“special licence” means any licence in respect of premises used by any person for the purpose of promoting any arts, science, religion, charity or other similar objects and not conducted for profit or gain;

“session” means a general licensing session of the Board;

“temporary licence” means any licence issued for a specified period of not more than 30 days;

“Vice-Chairman” means the Vice-Chairman of the Board.

Term of office of member

3. A member shall hold office for a period of not more than 3 years and shall be eligible for reappointment.

Revocation of appointment

4. The Minister may, at any time, revoke the appointment of a member without assigning any reason therefor.

Resignation

5. A member may resign from his appointment at any time by giving written notice to the Minister.

Vacation of office

6. The office of a member shall be vacated if he has been absent from two consecutive sessions without the permission of the Board.

Casual vacancy

7. If a member resigns, dies or has his appointment revoked or otherwise vacates his office before the expiry of his term of office, another person may be appointed by the Minister for the unexpired period of the term of office of the member in whose place he is appointed.

Vice-Chairman

8. During the absence, or incapacity owing to illness or otherwise, of the Chairman, the Vice-Chairman may exercise all the functions, powers and duties of the Chairman.

General licensing session

9.—(1) The Board shall hold a session once in 3 months to consider applications for the issue or transfer of licences or to review licences that have been issued.

(2) The holding of a session shall be advertised in such manner as the Chairman may think fit on not less than two occasions 6 weeks before the holding of the session.

Chairman may call meetings

10.—(1) The Chairman may call a meeting of the Board at any time for the purpose of considering applications for the issue or transfer of licences and for any other business of the Board.

(2) Any meeting of the Board may be advertised in such manner as the Chairman thinks fit.

Proceedings of Board

11.—(1) At any session or meeting of the Board 3 members shall form a quorum except that where the questions for the determination of the Board include the suspension or cancellation of a licence 5 members shall form a quorum.

(2) All questions for the determination of the Board shall be decided by a majority of votes and in the event of an equality of votes the Chairman shall have a casting vote.

(3) The Secretary shall keep minutes of all proceedings of the Board.

Decisions of Board

12.—(1) Any decision of the Board shall normally be taken at a session or meeting of the Board.

(2) An application for the transfer of an ordinary licence may be considered by the Board at any time by the recording of the votes of members on files circulated among them.

(3) Where any notice of objection has been received against an application for the transfer of an ordinary licence a final decision on the application shall be deferred for consideration at the next session of the Board, but the Board may approve such interim arrangements as it thinks fit.

(4) The Chairman and any two members, whose votes may be recorded on files circulated among them, after consulting the Commissioner of Police, the Director-General or such other police officer or officer of customs as may be authorised by the Commissioner of Police or the Director-General in that behalf, may issue to an applicant —

(a)	a temporary licence;
(b)	a special licence;
(c)	a licence for railway restaurant cars; and
(d)	extensions of the hours during which he may sell intoxicating liquor.

Application for licences

13.—(1) Subject to this regulation, all applications for the issue of ordinary licences shall be submitted in writing in quadruplicate to the Secretary not less than 30 days before the date of any session or meeting of the Board.

(2) A person who has been issued with an ordinary licence shall submit his application to the Secretary for the issue of another such licence in respect of the same premises before the expiry date of the licence.

(3) Where a person who has been issued with an ordinary licence submits his application for the issue of another such licence in respect of the same premises after the expiry date of the licence issued to him, the Board may reject the application or in its discretion consider the application on the payment of a penalty which shall be additional to but shall not exceed the amount of the fee normally chargeable for the licence.

Application form for issue of licence

14.—(1) Every application for the issue of an ordinary licence shall be in such form as the Board may approve.

(2) Where an application is made by a body corporate or firm, the application shall be countersigned by the person to whom it is desired the licence shall be issued.

(3) Every applicant for the issue of an ordinary licence shall attend in person, if so required in writing by the Secretary, at the session or meeting of the Board at which his application is to be considered.

Application form for transfer of licence

15.—(1) Every application for the transfer of an ordinary licence shall be in such form as the Board may approve.

(2) Where an application is made by a body corporate or firm, the application shall be countersigned by the transferee.

(3) Every applicant for the transfer of a licence and every person who is specified by the applicant as the person to whom he desires to transfer the licence shall attend in person, if so required in writing by the Secretary, at the session or meeting of the Board at which his application is to be considered.

Application for special or temporary licence

16. An application for the issue or transfer of a special or temporary licence, or for the issue or transfer of a licence in respect of a railway restaurant car or the Victoria Theatre, may be submitted to the Secretary at any time and shall be supported by such particulars as the Board may require.

Advertisement of applications

17.—(1) Every applicant for the issue of an ordinary licence in respect of premises which had not been licensed under these Regulations, other than a licence for an outdoor beer stall, shall, during the period of 30 days before the session or meeting of the Board, post a copy of the application at the principal entrance to the premises to which the application relates.

(2) The Director-General may, if he considers necessary, post a copy of the application referred to in paragraph (1) on the Customs Internet website in such manner as he thinks fit.

(3) Where an application for the transfer of an ordinary licence, other than a licence for an outdoor beer stall, is to be considered under regulation 12(2), a copy of the application shall be posted at the principal entrance to the premises to which the application relates for a period of not less than two weeks from the date of the application.

(4) Every applicant for the issue of an ordinary licence in respect of premises which have not been licensed under these Regulations, or for the transfer of an ordinary licence, shall permit any member of the Board, the Secretary, any proper officer of customs, any police officer not below the rank of sergeant or the Health Officer to enter and inspect the premises.

(5) Every applicant for the issue of a special or temporary licence in respect of premises which have not been licensed under these Regulations, for the issue of a licence for a railway restaurant car or the Victoria Theatre, or for the transfer of a special licence, shall advertise his application in such manner as the Chairman may direct.

Application to be referred to Police, Customs and Health Officer

18. The Secretary shall, immediately upon receipt of any application for the issue or transfer of an ordinary licence, forward copies thereof to the Commissioner of Police, the Director-General and the Health Officer.

Notice of objection to issue or transfer of licences

19.—(1) Every notice of objection to the issue or transfer of a licence shall be submitted in writing to the Secretary not less than two weeks before the session or meeting of the Board at which the issue or transfer of the licence is to be considered.

(2) Every notice of objection shall be signed by the person submitting the objection and shall state briefly the reasons therefor.

(3) Any person submitting a notice of objection shall appear at the session or meeting of the Board at which the objection is to be considered to support the objection.

(4) The Board shall not be bound to consider any notice of objection which does not comply with this regulation but may, in its discretion, do so subject to such conditions as it may impose.

Notices of objection to be referred to Customs, licensee and Police

20. The Secretary shall send any notice of objection received under regulation 19 to the Director-General, the licensee in respect of whom the notice of objection has been received and, except where the notice of objection has been submitted by a police officer, to the Commissioner of Police.

Officers entitled to be heard at sessions and meetings of Board

21. The following officers shall be entitled to be heard at any session or meeting of the Board before any decision is made thereat as to the issue, transfer, suspension or cancellation of any licence:

(a)	the Commissioner of Police or a police officer authorised by him in writing in that behalf;
(b)	the Director-General or an officer of customs authorised by him in writing in that behalf; and
(c)	the Health Officer.

Date of expiry of licences

22. Every licence other than a temporary licence shall be valid for a period not exceeding 12 months.

Licences to be issued by Secretary

23.—(1) All licences shall be issued by the Secretary in accordance with the decision of the Board.

(2) No licensee shall assign, lease or let the licensed premises or do any act to relinquish the management of the business for which the licence is issued.

(3) No licensee shall change the name or style under which he carries on business without the prior approval of the Board.

Cancellation and suspension of licences

24.—(1) The Board may, in its discretion, cancel or suspend any licence at any session or meeting of the Board.

(2) Every suspension of a licence shall be for such period as the Board thinks fit.

Fees for licences

25. The licence fees payable for the sale of intoxicating liquor shall be as set out in the First Schedule.

Fees for extensions and transfers

26. The fees payable for extension of the hours for the sale of intoxicating liquor issued under regulation 12(4) and for the transfer of a licence shall be as set out in the Second Schedule.

Fees for part of a year

27.—(1) Fees for licences in respect of part of a year may be payable at the rate of one-twelfth of the full fee for each month of the year in respect of which the licence is issued.

(2) No fee for a licence issued in respect of the Victoria Theatre shall be refunded.

Payment of fees by instalments

28.—(1) The Chairman may authorise the payment of the fee for any licence by instalments and of such amounts and on such dates as he may specify.

(2) When default is made in the payment of any instalment specified in paragraph (1), the licence shall be deemed to have been suspended until payment is made.

Closing hours

29. Subject to any extensions granted under regulation 12(4), every premises licensed to sell intoxicating liquor, except the Changi Airport Transit Restaurant Bar and an Airport duty-free shop, shall remain closed between the hours as set out in the Third Schedule, unless it is to be used for any purpose other than the sale of intoxicating liquor.

No person to remain in premises during closing hours

30. No licensee shall permit any person, other than his employee or an occupier of the licensed premises, to remain in the premises during any period the premises are required by these Regulations to remain closed.

Prohibition of sale or consumption of liquor

31. No person shall, at any premises licensed to sell intoxicating liquor and during the hours as set out in the Third Schedule —

(a)	sell or offer for sale any intoxicating liquor;
(b)	keep open the premises for the sale of any intoxicating liquor; or
(c)	allow any intoxicating liquor to be consumed on the premises.

Licensee to keep stock book

32.—(1) A person to whom an ordinary licence has been issued shall —

(a)	keep a stock book in the English language;
(b)	cause to be entered in the stock book the quantity and description of such intoxicating liquor as the Director-General may specify from time to time, and the dates on which they were received and the licence number of the firms or persons from whom they were purchased or received;
(c)	cause to be entered each day the quantity and description of such liquor as is specified by the Director-General in sub-paragraph (b) sold by him;
(d)	cause the stock book to be balanced daily so as to show the stock in hand at the close of each day of such liquor as is specified by the Director-General in paragraph(b); and
(e)	whenever so required by any proper officer of customs, submit the stock book to him for inspection.

(2) Paragraph (1) shall not apply in relation to the purchases and sales of beer.

Licensee to exhibit licence, etc.

32A.—(1) Every licensee shall —

(a)	exhibit his licence at all times in a conspicuous place within his licensed premises; and
(b)	if so directed or required by the Director-General, display notices, in such form and manner as the Director-General may approve, in conspicuous places within his licensed premises, stating in English that no person below the age of 18 years is allowed to buy or consume intoxicating liquors at those premises.

(2) The Director-General may, in his discretion, waive paragraph 1 (b) in the case of any person to whom a temporary licence has been issued.

Licensee to keep premises clean

33. The licensee of a public house, beer house or samsu shop shall keep his premises clean and in good repair, and shall maintain such toilet facilities for the use of his customers as the Board may require.

Disorderly conduct

34. No licensee shall permit any drunkenness, disorderly conduct or gambling in his licensed premises.

Restrictions on sale and consumption of liquor

35.—(1) No licensee shall supply or permit to be supplied in his licensed premises any intoxicating liquor to any drunken person.

(2) No licensee shall permit the consumption in his licensed premises of any intoxicating liquor by any person who is below the age of 18 years.

(3) No person who is below the age of 18 years shall buy or attempt to buy any intoxicating liquor for consumption in any licensed premises.

(4) No person shall buy from any licensed premises intoxicating liquor for consumption in a licensed premises by a person who is below the age of 18 years.

Employment of women in licensed premises

36.—(1) No licensee shall employ or permit to be employed in his licensed premises any waitress —

(a)	who has not attained the age of 17 years; or
(b)	who he knows or has reason to believe is a prostitute or of bad character.

(2) Where the Director of Social Welfare has reasonable cause to believe that any woman employed in any licensed premises is a prostitute or of bad character, he may, by writing under his hand, order the licensee of such premises to terminate her employment within such time as is specified in the order, and the licensee shall comply with the order.

(3) Any licensee who is aggrieved by any such order of the Director of Social Welfare shall have the right of appeal to the Minister for the time being charged with responsibility for social welfare whose decision shall be final.

Penalty

37. Any person who contravenes or fails to comply with any of the provisions of these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Power to compound

38. A senior officer of customs may compound any offence under these Regulations by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding $5,000.

[G.N. Nos. S 266/80; S 277/80; S 48/83; S 268/91; S 232/93; S 373/94; S 239/98; S 222/99; S 547/99; S 419/2000; S 617/2000]

Search within Legislation