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No. S 713

Customs Act

(Chapter 70)

Customs (Liquors Licensing) (Amendment) Regulations 2005

In exercise of the powers conferred by section 143 of the Customs Act, the Minister for Home Affairs hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Customs (Liquors Licensing) (Amendment) Regulations 2005 and shall come into operation on 21st November 2005.

Amendment of regulation 2

2. Regulation 2 of the Customs (Liquors Licensing) Regulations (Rg 3) (referred to in these Regulations as the principal Regulations) is amended by deleting the definitions of “Health Officer”, “ordinary licence” and “special licence”.

Deletion of regulation 9

3. Regulation 9 of the principal Regulations is deleted.

Amendment of regulation 11

4. Regulation 11 of the principal Regulations is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) At any session or meeting of the Board, 3 members shall form a quorum.”.

Amendment of regulation 12

5. Regulation 12 of the principal Regulations is amended —

(a)

by deleting the words “an ordinary licence” in paragraph (2) and substituting the words “a licence”; and

(b)

by deleting paragraphs (3) and (4) and substituting the following paragraph:

“(3) The Chairman and any 2 members, whose votes may be recorded on files circulated among them, after consulting the Commissioner of Police or such other police officer as may be authorised by the Commissioner of Police for that purpose, may on behalf of the Board —

(a)	issue to an applicant a temporary licence; or
(b)	grant approval for any extension of the hours for the sale of intoxicating liquor.”.

Deletion of regulations 13 to 21 and substitution of regulations 13 to 16

6. Regulations 13 to 21 of the principal Regulations are deleted and the following regulations substituted therefor:

“Application for licences

13.—(1) Subject to paragraph (2), an application for a licence or a temporary licence shall be made using the electronic application service provided at https://licences.business.gov.sg/.

(2) In the event of a malfunction or failure of the electronic application service, the application shall be in such form as the Board may approve.

(3) Every applicant for the issue of a 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.

Transfer of licence

14.—(1) A licensee shall not transfer his licence to any other person without the approval of the Board.

(2) Subject to paragraph (3), an application for the transfer of a licence shall be made using the electronic application service provided at https://licences.business.gov.sg/.

(3) In the event of a malfunction or failure of the electronic application service, the application shall be in such form as the Board may approve.

(4) 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 temporary licence

15. An application for the issue of a temporary licence may be submitted to the Secretary at any time and shall be supported by such particulars as the Board may require.

Officers entitled to be heard at sessions and meetings of Board

16. The Commissioner of Police or any police officer authorised by him shall be entitled to be heard at any session or meeting of the Board before any decision is made relating to the issue, transfer, suspension or cancellation of any licence.”.

Amendment of regulation 22

7. Regulation 22 of the principal Regulations is amended by deleting the words “12 months” and substituting the words “2 years”.

Amendment of regulation 23

8. Regulation 23 (3) of the principal Regulations is amended by inserting, immediately after the words “carries on business”, the words “or the address of the place at which he so carries on business”.

Deletion and substitution of regulations 25 to 28

9. Regulations 25 to 28 of the principal Regulations are deleted and the following regulations substituted therefor:

“Fees

25. The fees payable for —

(a)	a licence;
(b)	a replacement licence;
(c)	a transfer of licence; and
(d)	a change in the name or style under which a licensee carries on business or the address of the place at which he so carries on business,

shall be specified in the First Schedule.

Extension of hours of sale of intoxicating liquors

26.—(1) A licensee shall not sell any intoxicating liquor during the statutory closing hours without the approval of the Board.

(2) Subject to paragraph (3), an application for the extension of hours of sale of intoxicating liquors shall be made using the electronic application service provided at https://licences.business.gov.sg/.

(3) In the event of a malfunction or failure of the electronic application service, the application shall be in such form as the Board may approve.

Fees for extensions

27.—(1) Where the Board grants its approval under regulation 12(3)(b) for a licensee to extend the hours for the sale of intoxicating liquors on the same day or days of each week for a period of 3 months or more, the fee payable by the licensee in respect of the extension shall be specified in the second column of the Second Schedule.

(2) The fee specified in the third column of the Second Schedule shall be payable by a licensee in respect of any other extension for which approval is granted by the Board under regulation 12(3)(b).

Refund of fees

28. Except where the Board considers appropriate, no refund shall be made in respect of any fee paid under these Regulations.”.

Amendment of regulation 29

10. Regulation 29 of the principal Regulations is amended by deleting the words “regulation 12 (4)” and substituting the words “regulation 12 (3) (b)”.

Deletion of regulations 32 and 32A and substitution of regulation 32

11. Regulations 32 and 32A of the principal Regulations are deleted and the following regulation substituted therefor:

“Licensee to exhibit licence, etc.

32.—(1) Every licensee shall —

(a)	on demand by the Secretary or any police officer, produce his licence for inspection; and
(b)	if so directed or required by the Commissioner of Police, display notices, in such form and manner as the Commissioner of Police 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 Commissioner of Police may, in his discretion, waive the requirement under paragraph (1)(b) in the case of any person to whom a temporary licence has been issued.”.

Deletion and substitution of First and Second Schedules

12. The First and Second Schedules to the principal Regulations are deleted and the following Schedules substituted therefor:

“FIRST SCHEDULE

Regulation 25

Fees

(1) For the grant or renewal of the following licences:

(a) public house, first class

$1600 for 2 years

(b) public house, second class

$1200 for 2 years

$840 for 2 years

(d) outdoor beer stall

$520 for 2 years

(e) samsu shop

$200 for 2 years

(f) wholesale liquor shop

$200 for 2 years

(g) wholesale beer shop

$200 for 2 years

(h) retail liquor shop

$200 for 2 years

(i) retail beer shop

$200 for 2 years

(2) For the grant of a temporary licence for any licence referred to in item (1)

(i) $20 per day

(ii) $40 per 7 days*

(3) For a transfer of licence

$40

(4) For a change in the name or style under which a licensee carries on business or the address of the place at which he so carries on business

$20

(5) For a replacement of licence

$10.

* The licence is valid for any 7 consecutive days.

SECOND SCHEDULE

Regulation 27

Fees for Extensions

First column

Second column

Third column

Extension

Fee payable for extension for period of 3 months or more

Fee payable for any other extension

(1) For every hour or part thereof extension after the statutory closing hours for any of the following licences:

$4 per hour or part thereof

$20 per hour or part thereof

(a) public house, first class

(b) beer house

(2) For every hour or part thereof extension after the statutory closing hours for any public house, second class licence

$4 per hour or part thereof*

$20 per hour or part thereof

(3) For an extension of the hours of sale or delivery of intoxicating liquors after the statutory closing hours for any wholesale or retail shop licence

$4 per hour or part thereof

$20 per hour or part thereof.

* This fee is applicable only where the Board grants an approval under regulation 26(1) for a licensee to extend the hours of sale of intoxicating liquors not exceeding 11 p.m.”

Amendment of Third Schedule

13. The Third Schedule to the principal Regulations is amended —

(a)

by deleting items (1), (2) and (3) and substituting the following item:

(1) Public house with a first class licence or beer house licence

Midnight and 6 a.m.

(b)

by deleting the words “or beer house” in item (4) under the heading “Type of Licence”;

(c)

by deleting items (5) and (6) and substituting the following item:

“

(5) Outdoor beer stall licence

To be indicated in the licence.

”;

(d)

by deleting the words “10 p.m. and 6 a.m.” in item (7) under the heading “Closing hours” and substituting the words “Midnight and 6 a.m.”; and

(e)

by deleting the words “9 p.m. and 6 a.m.” in items (8) to (11) under the heading “Closing hours” and substituting in each case the words “Midnight and 6 a.m.”.

Transitional provisions

14.—(1) Any licence issued under regulation 23(1) of the principal Regulations in force immediately before 21st November 2005 and which has not expired on that date shall continue in force and have effect until the date of its expiry or until it is cancelled by the Board, whichever is the earlier, as if these Regulations have not been enacted.

(2) Notwithstanding paragraph (1), the holder of a licence which was issued before 21st November 2005 and which, on that date, remains in force may apply to the Board for the cancellation of that licence and for the grant to him of a new licence in accordance with the principal Regulations in force as from that date.

(3) Regulation 9 (in relation to fees) shall not apply in relation to any licence issued on or after 21st November 2005 if the application for the licence is made before that date, and the fee specified in regulation 25 of the principal Regulations in force immediately before that date shall apply in relation to the issuance of such licence, as if these Regulations have not been enacted.

(4) Regulation 9 (in relation to fees for extensions) shall not apply in relation to any licence other than a public house (first or second class) licence issued before 21st November 2005 and the fee specified in regulation 26 of the principal Regulations in force immediately before that date shall apply in relation to the extension of such licence, as if these Regulations have not been enacted.

Made this 11th day of November 2005.

BENNY LIM

Permanent Secretary,
Ministry of Home Affairs,
Singapore

[MHA (PS) 10/12/02; AG/LEG/SL/70/2002/1 Vol. 5]

(To be presented to Parliament under section 143(2) of the Customs Act).