Liquor Licensing Act, Cap 121
(Repealed by Alcoholic Drinks Control Act, No 4 of 2010)
LAWS OF KENYA
THE LIQUOR LICENSING ACT
CAP. 121
Published by the National Council for Law Reporting
With the Authority of the Attorney-General
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Liquor Licensing Act, Cap 121
THE LIQUOR LICENSING ACT
CHAPTER 121
Commencement Date: 1957-11-05
An Act of Parliament to make provision for regulating the sale and
supply of liquor, and for matters incidental thereto and connected therewith
PART I - PRELIMINARY
Citation
1. This Act may be cited as the Liquor Licensing Act.
Application.
L.N. 87/1964,
L.N. 103/1965.
Cap. 366.
Cap. 244.
Cap.526.
2. This Act shall not apply to (a) the bona fide administration or sale for purely medical purposes, and in
accordance with any written law for the time being in force governing the
administration and sale of medicine, by a medical practitioner, a veterinary surgeon
registered under the Veterinary Surgeons Act or a pharmacist registered under the
Pharmacy and Poisons Act, of a medicine containing liquor;
(b) the sale of spirituous or distilled perfume, or perfumery;
(c) the sale of industrial alcohol;
(d) the sale by auction by an auctioneer, licensed under the Auctioneers Act, of
liquor in quantities not less than those authorized to be sold under a wholesale liquor
licence belonging to a wholesale dealer, on the licensed premises of the dealer;
(e) the sale by a deceased person's legal personal representative of liquor forming
part of the estate of the deceased person;
(f) the sale by a trustee in bankruptcy of liquor forming part of the bankrupt's
estate;
(g) the sale by the liquidator of a company of liquor forming part of the company's
assets;
(h) the sale of liquor at Parliament Buildings, if sold with the permission of the
Speaker of the National Assembly;
(i) the sale of liquor to the members only of any canteen, club, institute, mess or
similar institution of -
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(i) the Armed Forces of Kenya;
(ii) the Kenya Police Force or the Kenya Police Reserve;
(iii) the Kenya Prisons Service;
(iv) the Administration Police Force:
Provided that this paragraph shall not apply to any such canteen, club, institute,
mess or similar institution conducted by any person for personal profit;
(j) the sale of liquor on board a vessel in harbour (other than a harbour on an inland
water) to any passenger or officer or member of the crew of such vessel, for
consumption therein.
Interpretation.
L.N, 87/1964
29 of 1967, 1st Sch.
Cap. 122.
A 17 of 2006
3. In this Act, unless the context otherwise requires "application" means an application for the grant, renewal, transfer or removal of a
licence of any description other than a temporary liquor licence or a temporary
extension liquor licence;
"to bottle" means to put liquor into bottles or other containers for the purpose of
sale, whether by wholesale or retail, in those bottles or containers, and "bottler" shall
be construed accordingly;
“industrial alcohol" means spirits, specially denatured spirits and mineralized
methylated spirits or any such spirits with which any substance is mixed, but does
not include liquor;
"licence" means a licence for the sale of liquor, granted under section 17;
"licensed premises" means premises in respect of which a licence is in force;
"licensee" means the holder of a licence;
"licensing area" means the Nairobi Area and any area declared by the Minister, by
notice in the Gazette, to be a licensing area for the purposes of this Act;
"licensing court" means a court appointed under section 4;
"liquor" means any spirit, wine, ale, beer, porter, cider, perry or hop beer, or any
liquor containing more than two per centum by weight of absolute alcohol, or any
other liquor which the Minister may, by notice in the Gazette, declare to be liquor for
the purposes of this Act, but does not include industrial alcohol;
"off-licence" means a licence for the sale of liquor to be consumed elsewhere than on
the premises;
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"on-licence" means a licence for the sale of liquor to be consumed on the premises;
"premises", in relation to a railway restaurant car liquor licence, or any application
for such licence, means the train to which the restaurant car is attached;
"sell" includes, in the case of a members' club, supply;
"spirituous liquor" means liquor manufactured by any process of distillation.
"traditional liquor" means(a) any intoxicating liquor manufactured by traditional African methods, other than
distillation, which is offered, or intended to be offered, for sale in a state of
continuing fermentation without further processing; or
(b) such other intoxicating liquor manufactured in Kenya otherwise than by
distillation, as the Minister may, by notice in the Gazette, declare to be traditional
liquor for the purposes of this Act.
Appointment and procedure of licensing courts.
L.N.103/1965,
10 of 1969, Sch.
4 of 1973, Sch.
4. (1) There shall be for every licensing area a licensing court to consider
and determine applications and the cancellation of licences.
(2) Each licensing court shall consist of (a) one District Commissioner, being the District Commissioner of any district the
whole or any part of which is situated within the licensing area, who shall be
appointed by the Minister* and who shall be chairman thereof;
(b) one person appointed by every municipal council and county council having
jurisdiction in the licensing area; and
(c) not less than three nor more than seven residents of the licensing area,
appointed by the Minister*:
Provided that the chairman of the licensing court for the Nairobi Area shall be the
Provincial Commissioner for the Nairobi Area.
(3) Every member of a licensing court appointed under paragraph (b) or paragraph
(c) of subsection (2) shall vacate his office on the 31st December in the year of his
appointment, but shall be eligible for reappointment.
(4) The quorum of a licensing court shall be three.
(5) If the chairman of a licensing court is for any reason temporarily unable to
perform his duties as such, he or the Minister may authorize in writing any public
officer to perform the duties of the chairman during the period of his disability.
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(6) In the absence of the chairman, or a public officer authorized under subsection
(5), from any meeting of a licensing court, the members present may elect one of
their number to preside, and any person so elected shall, for the purposes of that
meeting, have all the powers, duties and obligations conferred and imposed on the
chairman by virtue of this Act.
(7) The chairman of a licensing court shall have a deliberative vote and, in case of an
equality of votes, shall also have a casting vote.
(8) Subject to this Act, the procedure at each meeting of a licensing court shall be
regulated by the chairman.
*Power delegated to the Permanent Secretary of the Ministry (L.N.539/1957).
Persons not eligible to be members of licensing courts.
5.(1) The following persons shall not be eligible to be appointed members of a
licensing court, and any such person who knowingly acts or sits as a member thereof
whilst so disqualified shall be guilty of an offence and liable to a fine not exceeding
three thousand shillings (a) the holder of any licence for the sale, manufacture or distillation of liquor;
(b) a person having a pecuniary interest in a partnership, company or society which
is a licensee, being a person who has not declared that interest to the Minister and
obtained the Minister's permission to act or sit as a member;
(c) a paid officer or paid agent of a partnership, company or society interested in the
sale, or in the prevention of the sale, of liquor.
(d) a person employed directly or indirectly as an agent for the purpose of making
application for a licence for any other person, or any partner of a person so
employed as an agent;
(e) an agent or manager of, or a partner in, any trade or calling carried on upon
premises licensed, or in respect of which a licence has been applied for, or the
owner, lessor or mortgagee of those premises;
(f) an undischarged bankrupt;
(g) a person who, in Kenya or elsewhere, has been sentenced to imprisonment
without the option of a fine and who has not received a pardon therefor.
(2) The fact that a person is a member of a club or local authority which is licensed
under this Act shall not of itself disqualify him from being a member of a licensing
court.
(3) No action of a licensing court shall be affected by (a) any vacancy in the membership thereof; or
(b) any defect afterwards discovered in the appointment or ualification of a person
purporting to be a member thereof.
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Meetings of licensing courts.
6 of 1981, s. 7.
6. (1) A meeting of each licensing court shall be held on the second Monday
in the months of May and November in each year, or, if unavoidably prevented, as
soon thereafter as is possible, for the purpose of considering all applications in
respect of which notice has been given under this Act, and the cancellation of
licences.
(2) The Provincial Commissioner of any province in which a licensing court has been
established may, in any case where he thinks fit, and shall, when required so to do
and upon payment to the licensing court of the sum of one thousand shillings by the
applicant, authorize the holding of a special meeting of the licensing court,
(3) A licensing court may from time to time adjourn its meetings as it thinks fit:
Provided that no such adjournment shall extend beyond a period of one month after
the date of the meeting of the licensing court at which the matter adjourned was first
considered.
Proceedings by or against licensing court members.
21 of 1966, 1st Sch.
7. (1) The Attorney-General, or any person duly entitled to practice in any
court in Kenya in connexion with the duties of his office and holding office in the
Attorney-General's chambers or any person appointed by the Attorney-General in
writing for that purpose, may appear for and on behalf of the members of a licensing
court in any legal proceedings by or against such members in their capacity as such
members.
(2) All costs awarded to the members of a licensing court in any proceedings referred
to in subsection (1) shall be paid into the Consolidated Fund, and all costs awarded
against those members shall be paid out of moneys provided by Parliament.
Application for licence.
29 of 1967, 1st Sch.,
4 of 1973, Sch.
6 of 1981, s. 7.
8. (1) Save as otherwise provided in this Act, any person desiring to make an
application shall apply in the prescribed form to the chairman of the appropriate
licensing court; all the applications shall be delivered to the chairman of the licensing
court before the 25th March if they are to be considered at the May meeting of the
court, or before the 25th September if they are to be considered at the November
meeting of the court:
Provided that, where an application is through inadvertence not delivered in due
time, the chairman of the licensing court may, if he thinks fit, and if the application is
received not less than thirty days before the next ordinary meeting of the court,
accept such application for consideration by the licensing court at its next meeting or
any adjournment thereof, upon payment by the applicant of a sum of three hundred
shillings, and upon such terms as to notice as he may order.
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(2) A person making an application as aforesaid shall, if he has been sentenced to
imprisonment without the option of a fine in Kenya or elsewhere and has not
received a pardon therefor, or has been convicted of an offence under this Act or any
Act at any time in force regulating the sale of liquor, give, in his form of application,
full particulars of the offence of which he was convicted, of the court by which he
was convicted, of the date of the conviction and of the penalty imposed by the court.
(3) The chairman of a licensing court shall, not less than twenty-one days before a
meeting of the court at which applications for licences are to be considered, by notice
in the Gazette, specify the time, date and place of the meeting, and, for each district
which lies wholly or partly within the licensing area of the court, the address of the
District Commissioner's office at which a notice setting forth the names of the
applicants, the types of licences applied for and the premises in respect of which the
licences are applied for may be inspected.
(4) The chairman of a licensing court shall, not less than twenty-one days before a
meeting of the court at which applications for licences are to be considered, prepare
a notice setting forth the names of all applicants, the types of licences applied for,
the premises in respect of which the licences are applied for and the time, date and
place of the meeting, and shall forthwith cause a copy of the notice (a) to be published, at the office of the District Commissioner, in each district which
lies wholly or partly within the licensing area of the court, for a period of not less
than twenty-one consecutive days immediately preceding the day of the meeting;
(b) to be posted in some conspicuous place at or near the licensing court premises;
(c) to be sent to every member of the licensing court;
(d) to be sent to the Commissioner of Police, or to such police officer as the
Commissioner of Police may have notified the chairman that he has appointed to
receive it on his behalf;
(e) to be sent to the medical officer of health of the district in which the premises in
respect of which the licences are applied for are situated; and
(f) to be sent to the local authority of the area in which the premises in respect of
which the licences are applied for are situated.
(5) It shall be the duty of the Commissioner of Police or, as the case may be, of the
police officer appointed under paragraph (d) of subsection (4), and of the medical
officer of health, before the hearing of the application to report as fully as possible to
the licensing court on all matters which may be relevant to the consideration of the
application.
(6) No licence shall be invalid merely by reason of the fact that the provisions of this
section have not in all respects been complied with.
Assurance that licence will be issued in certain circumstances.
4 of 1973, Sch.
9.(1) Where premises are about to be constructed or reconstructed or are in
course of construction or reconstruction for the purpose of being used for the sale of
liquor for consumption on such premises, any person having an interest in the
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premises may apply in the prescribed form to the chairman of the appropriate
licensing court for an assurance that, on the completion of the construction or
reconstruction, a licence of the type to be specified in the application will be granted
in respect of such premises.
(2) The provisions of section 8 shall apply to such applications, which shall be
accompanied by a signed copy of the plans of such premises.
(3) The licensing court may, subject to such reasonable conditions as it may therein
include, give to the applicant an assurance in the prescribed form that, on the
completion of the premises, a licence of the type specified therein will be granted, or
it may refuse to give such an assurance.
(4) Where such an assurance has been given by the licensing court, the chairman of
the court shall, on any date, on being satisfied that the premises have been
completed in accordance with the signed plans submitted under sub section (2) and
that any conditions which may have been imposed in the assurance have been
complied with, issue to the applicant a licence of the type specified in the assurance
in respect of the premises :
Provided that any assurance shall become ineffective and the chairman shall not
issue a licence if, between the date of the giving thereof and the date of completion
of the premises, the applicant becomes a person to whom, in accordance with
section 14, a licence may not be granted.
Objections.
4 of l973 Sch.
10. (1) Any person may lodge objection to an application.
(2) Every objection to an application shall be made in writing to the chairman of the
licensing court, and the objector shall serve notice of the grounds of the objection on
the applicant, personally or by post, at least seven days before the hearing of the
application, and the onus of proof of such service shall be on the objector.
Procedure at hearing.
Cap. 63.
11. (1) Every person making an application shall, save as otherwise
provided, appear in person or by an advocate before the licensing court, and shall
satisfy the licensing court that there is need for the grant of a licence of the type
applied for in the particular locality in respect of which the application is made.
(2) A licensing court may require the personal appearance before it of the applicant,
or of the manager of the premises to which the application relates, or of both of
them, and of any other person whose attendance is considered by the court to be
necessary.
(3) Any objector may appear personally or by an advocate at the hearing of the
application.
(4) A local authority may authorize, in writing, any person to appear before any
licensing court having jurisdiction in any part of the area within the jurisdiction of the
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local authority for the purpose of representing the inhabitants of that part in respect
of any objection lodged to an application.
(5) Where any licensing court deems it necessary to take evidence respecting any
question to be determined by the court, such evidence shall be given on oath, and
the chairman shall be empowered to administer oaths.
(6) For the purposes of Chapter XI of the Penal Code (which concerns offences
relating to the administration of justice), all proceedings before a licensing court shall
be deemed to be judicial proceedings.
(7) Every licensing court shall maintain records of all its proceedings, and, in
particular, of the purpose for which an application was made, and notes of the
evidence given and of the arguments adduced and the decision of the court thereon:
Provided that no decision shall be quashed on appeal solely by reason of any
omission or error in such record, unless it appears that a substantial miscarriage of
justice has thereby been occasioned.
Objection by licensing court.
12. (1) A licensing court may of its own motion take notice of any matter or
thing which, in the opinion of such court, constitutes an objection to an application,
whether or not any objection has been otherwise lodged.
(2) Where in respect of an application a licensing court acts in pursuance of
subsection (1), such court shall inform the applicant of the nature of the objection,
and shall, if the applicant so requests, adjourn the hearing for such period, not being
less than seven days, as the licensing court deems necessary to enable the applicant
to reply thereto.
When new on-licence will be refused.
13. A licensing court shall not grant a new licence for the sale of liquor to be
consumed on the premises unless such court is satisfied (a) that it would be in the public interest for provision to be made for the sale of
liquor for consumption on the premises in the particular locality in respect of which
the application is made, and that the number of such premises in respect of which
such licences have already been granted is insufficient for the requirement of the
locality; and
(b) that the premises in respect of which the application is made are in good repair
and are in a clean and wholesale condition, and are provided with adequate and
proper sanitary arrangements.
Persons to whom licences or transfers shall not be granted.
14. A licensing court shall not grant a new licence or transfer a licence to any
person who (a) has failed to satisfy the court, if called upon to do so, of his good character and
standing; or
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(b) has been convicted of selling liquor without a licence or offering or exposing it for
sale, or of any offence against any law for the time being in force relating to the
distillation, manufacture, sale or use of industrial alcohol, or
(c) has been convicted of an offence and sentenced to imprisonment without the
option of a fine in Kenya or elsewhere for a period in excess of six months: or
(d) in the case of a retail licence, is not resident in Kenya; or
(e) is under twenty-one years of age; or
(f) is an undischarged bankrupt.
Restrictions on granting or removing certain licences.
15. A licensing court shall not grant or remove a licence if such grant or
removal would result in the existence in the same premises of both a wine
merchant's and grocer's liquor licence and a malt and non-spirituous liquor onlicence.
When licences shall not be renewed.
16. A licensing court may refuse to renew an existing licence only when such
court is satisfied that (a) the licensee is not a fit and proper person to hold the licence; or
(b) the licensee has been convicted of an offence under this Act or any Act at any
time in force regulating the sale of liquor; or
(c) has been convicted of an offence and sentenced to imprisonment without the
option of a fine in Kenya or elsewhere for a period in excess of six months; or
(d) the business to which the licence relates is conducted in an improper manner; or
(e) the conditions of the licence have not been satisfactorily fulfilled; or
(f) the premises to which the licence relates are not in a proper state of repair, or
are not provided with proper sanitary arrangements, or do not comply with the
reasonable requirements of the medical officer of health, and the owner of the
premises or the licensee refuses or is unable to give satisfactory guarantees that the
necessary repairs will be carried out, or due compliance effected, as the case may
be, within a time specified by the licensing court.
General provisions as to grant, renewal, transfer or removal of licences.
4 of 1973, Sch.
17. (1) Except as otherwise provided in this Act, a licensing court may,
subject to sections 13, 14, 15, 16, 23 and 24, grant, renew, transfer or remove a
licence, and may embody therein such conditions as it may deem appropriate, or it
may refuse to grant, renew, transfer or remove a licence.
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(2) Every licence and every renewal, transfer, removal or cancellation thereof shall
be sufficiently authenticated by writing under the hand of the chairman of the
licensing court, or of any public officer authorized by him in writing in that behalf.
(3) Every licence and every renewal, transfer or removal thereof shall be subject to
the payment of such fee or fees as may be prescribed, and shall expire on the 30th
June or the 31st December in the year of issue, as the case may be:
Provided that, where an application for the renewal of a licence has been made and
the licensing court has not by the 30th June or the 31st December reached a
decision thereon, such licence shall continue in force until the decision of the
licensing court is made known.
Appeal against refusal to renew or transfer licence.
18.(1) An applicant whose application to renew or transfer a licence has been
refused may within twenty-one days of such refusal appeal against such refusal to
the High Court.
(2) The High Court on an appeal under this section may confirm the refusal or may
grant the renewal or transfer in the same way as the licensing court could have
granted it and the judgment of the High Court on such appeal shall be final.
Returns of licences.
29 of 1967, 1st Sch.
4 of 1973, Sch.
19. (1) The chairman at any meeting of a licensing court shall, within seven
days after such meeting or any adjournment thereof is concluded, cause to be
published at the office of the District Commissioner of each district any part of which
is situated within the licensing area for which the court has been appointed for a
period of not less than twenty-one days a return signed by him specifying the names
and addresses of all persons to whom, and the situation of the premises in respect of
which, licences have been granted, renewed, transferred or removed in the
respective districts at that meeting, and the nature of such licences, and the names
of all persons whose licences have been cancelled, and shall at the same time cause
a copy of each such return to be for warded to the Commissioner of Police or to such
police officer as the Commissioner of Police may have notified the chairman that he
has appointed to receive it on his behalf, together with a return showing with
reference to that meeting the number of licences in force immediately prior thereto
and the number of licences respectively renewed, transferred, granted and refused
thereat.
(2) Where any person has lodged any objection to an application under this Act, the
licensing court shall notify such person of the decision of the court on such
application.
Licences to corporations.
20. (1) A licence issued to a body corporate shall be issued in the name of
the body to the secretary thereof.
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(2) No transfer of a licence issued to a body corporate shall be necessary on any
change in the office of secretary, but any person for the time being holding such
office shall be entitled to the privileges granted by, and shall be subject to the duties
and liabilities imposed upon the holder of, such licence.
Renewal of unsuccessful applications, etc.
21. Where an application for a licence has been refused, or a licence has
been cancelled, no subsequent application by the former applicant or licensee for a
licence of the same description, whether in respect of the same premises or not,
shall be considered by a licensing court during the period of six months from the
date of such refusal or cancellation, except at the absolute discretion of the chairman
of the licensing court.
Types and contents of licence.
36 of 1962, s. 2.
22. (1) The several licences which may be granted under this Act shall be
those specified in the Schedule, and the provisions of that Schedule and of any rules
made under this Act shall have effect in relation to the respective licences therein
specified.
(2) Save as otherwise provided in this Act, no licence may be granted so as to be
applicable to more premises than one.
(3) A licensing court shall, when a licence is granted, renewed or removed, include in
the licence a sufficient description of the premises to which the licence applies.
PART IV - TRANSFER AND REMOVAL OF LICENCE
Transfer of licence to another person.
23. (1) Where a licensee sells or leases or otherwise disposes of the
premises specified in his licence, he may apply in writing to the chairman of the
appropriate licensing court for the temporary transfer of his licence to the purchaser
or lessee or otherwise of such premises, and the chairman may, if he thinks fit, grant
a temporary transfer of such licence, to be valid only until the next meeting of the
licensing court, by an endorsement thereon, under his hand, specifying the name of
the temporary licensee.
(2) Where a licence has been temporarily transferred under subsection (1), the
person to whom the same has been transferred shall make application to the
licensing court at the next ordinary meeting of the court for the grant of the
appropriate licence, and sections 8, 10, 11, 12 and 14 shall apply to and in respect
of the application.
(3) A licensing court shall grant to the applicant a licence of the same type as that
temporarily transferred unless the applicant is a person to whom, under section 14,
the court shall not transfer a licence, and the applicant shall surrender the licence
temporarily transferred to him,
(4) No fee shall be payable in respect of a licence granted under subsection (3) if, at
the date of the grant, the licence which was temporarily transferred was valid for a
period of more than six months.
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Removal of licence to other premises.
4 of 1973, Sch.
24.(1) Where a licensee desires to remove his licence from the premises
specified therein to other premises in the same licensing area, he may apply in
writing to the chairman of the appropriate licensing court for permission so to do
after not less than thirty days' notice of his intention to make such application has
been given by the licensee by means of a notice affixed in a conspicuous place on
the outside of the premises to which it is desired to remove the licence and at the
office of the chairman of the court.
(2) The provisions of sections 10 and 12 shall apply, mutatis mutandis, to
applications under this section.
(3) The chairman may, if he thinks fit, and after hearing any objections to the
removal, either (a) by endorsement of the licence under his hand, remove the licence from the
premises specified therein to the premises specified in the application, in which case
the licence shall, for the period of its validity, be deemed to apply to the premises
thereon so endorsed and may, subject to section 16, be renewed as though it had
originally been issued in respect of the premises thereon endorsed, or
(b) endorse upon the licence a temporary removal to be valid only until the next
ordinary meeting of the licensing court, or
(c) defer the application for consideration at a meeting of the licensing court.
(4) Where a licence has been endorsed with a temporary removal under paragraph
(b) of subsection (3), the licensee shall, at the next ordinary meeting of the licensing
court, make application for the ratification of the removal, and the pro visions of
sections 8, 10, 11, 12 and 14 shall apply to such applications.
Power to carry on business on death, bankruptcy, etc.
25. In the event of the death, bankruptcy or unsoundness of mind of a
licensee, or in any similar event to which the chairman of a licensing court, declares
in writing that this section should be applied, it shall be lawful, for the purposes of
this Act, for the widow, executor, administrator, trustee or manager, as the case
may be or any other person approved by the chairman, to carry on the business of
the licensee without any transfer or grant of a licence, either personally or by an
agent approved by the chairman, until the next meeting of the licensing court, or, if
such meeting is held within fourteen days of such death, bankruptcy unsoundness of
mind or other event, the next meeting but one.
Rights, duties, etc., applicable to sections 23 and 25.
26. Every person to whom a licence may have been temporarily transferred
under section 23, and every person permitted to carry on a business without a
transfer or grant of a licence in pursuance of section 25, shall possess all the rights
and be liable to all the duties and obligations of the original licensee.
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PART V - MISCELLANEOUS PROVISIONS CONCERNING LICENCES
Temporary extension of licence where renewal refused.
10 of 1969, Sch.
27. (1) If the renewal of a licence is refused, the licensee shall, on payment
of the proportionate part of the fee for the appropriate licence, be entitled to a
licence of such description and for such period, not exceeding three months, as the
licensing court may deem necessary for the purpose of disposing of the liquor or
apparatus on the premises, such period to commence on the day after the last sitting
of the court at which the renewal of his licence has been refused, or on the day after
the termination of his existing licence, whichever day is the later.
Licenses to be displayed.
28. Every licence shall be prominently and conspicuously displayed on the
premises to which it relates, and any licensee who fails or neglects so to display his
licence shall be guilty of an offence:
Provided that, where a wholesale liquor licence is granted so as to be applicable to
more premises than one, it shall be displayed in the premises first named therein.
Holding out as licensee.
29. Any person causing or permitting to be on his premises or on premises
under his control any words, letters or sign falsely importing that he is a licensee
shall be guilty of an offence and liable to a fine not exceeding two thousand shillings
or to imprisonment for a term not exceeding six months.
Employment of persons under eighteen years of age, etc.
30. (1) Notwithstanding the provisions of any other written law, no licensee
shall employ a person under the age or apparent age of eighteen, or knowingly
employ a person who has been convicted of an offence under this Act or any other
Act at any time in force regulating the sale of liquor, to sell, control or supervise the
sale of liquor or to have the custody or control of liquor on licensed premises.
(2) No person shall knowingly sell or deliver liquor, or permit it to be sold or
delivered, to a person under the age or apparent age of eighteen.
(3) Any person who contravenes the provisions of this section shall be guilty of an
offence and liable to a fine not exceeding one thousand shillings.
Managers and employees.
31. (1) No licensee shall permit any other person to manage, superintend or
conduct the day-to-day business of the premises in respect of which he is licensed
except with the written consent of the chairman of the licensing court, and every
person in respect of whom such consent is given shall be subject and liable to the
same duties, obligations and penalties under this Act as the licensee:
Provided that nothing in this subsection shall relieve the licensee of all such duties,
obligations and penalties.
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(2) Every licensee who contravenes the provisions of subsection (1) shall be guilty of
an offence.
(3) Any act done or omitted to be done by an employee in contravention of any of
the provisions of this Act shall be deemed also to be the act or omission of the
employer, and any proceedings for an offence arising out of such act or omission
may be taken against both employer and employee.
Power to expel drunkards, etc.
32. (1) Any licensee or any agent or servant of a licensee may refuse to
admit to, and shall expel from, the premises to which his licence relates any person
who is drunk, violent, quarrelsome or disorderly, or whose presence would subject
the licensee to a fine or penalty under this Act.
(2) Any person such as is referred to in subsection (1) who, on being requested by
the licensee or his agent or servant, or by any police officer, to quit the licensed
premises, refuses so to do shall be guilty of an offence and liable to a fine not
exceeding two hundred shillings.
(3) On the demand of a licensee or his agent or servant. a police officer shall expel
or assist in expelling from the licensed premises any person such as is referred to in
subsection (1).
(4) Every licensee who permits any drunkenness or any violent, quarrelsome or
riotous conduct to take place on the premises to which the licence relates shall be
guilty of an offence.
No suit for recovery of price where liquor sold for consumption on
premises.
33. No suit shall be maintainable to recover any debt alleged to be due in
respect of the sale of any liquor which was delivered for consumption on the
premises where the same was sold unless the same was sold for consumption with a
meal supplied at the same time or unless the person to whom the same was sold or
supplied was at the time of the sale a lodger on such premises.
Offence to sell liquor after hours.
34. (1) Any licensee who keeps his licensed premises open for the sale of
liquor or sells or exposes liquor for sale during any time when he is not authorized by
his licence to sell, or allows any liquor purchased before the hour of closing to be
consumed on such premises after such closing hour, shall be guilty of an offence and
liable, for a first offence, to a fine not exceeding five hundred shillings, and for a
second or subsequent offence to a fine not exceeding one thousand shillings or to
imprisonment for a term not exceeding three months:
Provided that it shall not be an offence to allow the consumption on the premises
between the hour of closing and fifteen minutes after such hour of liquor supplied for
consumption with a meal to be eaten on the premises, if the liquor and the meal
were purchased before the hour of closing.
(3) The fact that any person, other than the licensee, a member of his family, his
agent or servant or a person lodging on the premises, is found in any bar on licensed
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premises during any time when the licensee is not authorized by his licence to sell
liquor shall be taken as prima facie evidence of a sale of liquor on such premises
after such hour of closing or during such time as aforesaid.
Licence to include sale of tobacco, etc.
35. Every licence shall, unless otherwise therein provided, entitle the
licensee to sell cigars, cigarettes, tobacco, snuff and matches during the hours
during which he is entitled to sell liquor under the licence.
Licensee not compelled to sell.
36. Nothing in this Act shall be construed as compelling a licensee to sell
liquor or any other commodity during the hours during which he is entitled under the
licence so to do.
Duties of medical officers of health.
4 of 1973, Sch.
37. (1) It shall be the duty of any medical officer of health to report to the
chairman of the appropriate licensing court any licensed premises which are deficient
in accommodation or sanitary or drainage requirements, or are in bad repair.
(2) A medical officer of health or any person authorized by him in writing in that
behalf may enter and inspect any licensed premises for the purpose of ascertaining
whether a report under subsection (1) is required.
Duties of police officers.
10 of 1969, Sch.,
4 of 1973, Sch.
38. (1) It shall be the duty of any police officer not below the rank of
Assistant Inspector to report in writing to the chairman of the appropriate licensing
court every case in which a licensee is of drunken habits or keeps a disorderly house,
or commits any breach of any of the provisions of this Act or of his licence.
(2) Any police officer not below the rank of Assistant Inspector may without written
authority enter and inspect any licensed premises for the purpose of ascertaining
whether a report under subsection (1) is required.
Cancellation of licences.
4 of 1973, Sch.
39. (1) Upon receipt of a report made under section 37 or section 38, the
chairman of a licensing court shall (a) send, by registered post, a copy of the report to the licensee concerned
therewith, informing him that at a meeting of the licensing court to be held on a date
to be specified, but not less than thirty days therefrom, the report will be considered
by the court;
(b) send a copy of the report to every member of the licensing court and to the
Commissioner of Police;
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(c) inform the medical officer of health or the police officer, as the case may be, of
the date upon which the court will consider the report, and require him to attend the
court on the date specified.
(2) Any licensee concerning whom a report is to be considered may appear in person
or by advocate before the licensing court.
(3) The provisions of subsections (2), (5), (6) and (7) of section 11 shall apply,
mutatis mutandis, to proceedings before a licensing court on the consideration of a
report as aforesaid.
(4) The court, having duly considered the report and having heard the licensee, if he
appears, may, if it thinks fit, cancel the licence of the licensee reported upon, or it
may make such an order in respect of such licence or the licensed premises specified
therein as, in the opinion of the court, is necessary.
(5) Any person aggrieved by the decision of the licensing court upon any such report
may within twenty-one days appeal against the decision to the High Court, and the
judgment of the High Court on such appeal shall be final.
(6) Where a licensee whose licence has been cancelled under subsection (4) appeals
to the High Court under subsection (5), his licence shall not be deemed to be
cancelled until the decision of the High Court is made known.
(7) The High Court, on an appeal under this section, may confirm or reverse the
decision of the licensing court.
(8) If a licence is cancelled and no appeal is filed by the licensee against the
cancellation, or if such appeal is dismissed by the High Court, the licensee shall be
entitled, on payment of the proportionate part of the fee for the appropriate licence,
to a licence of such description and for such period, not exceeding three months, as
the licensing court may deem necessary for the purpose of disposing of the liquor or
apparatus on the premises, such licence to run from the date of the decision of the
licensing court or of the High Court, as the case may be.
Powers of search.
40. (1) A police officer furnished with written authority by a magistrate may
enter and search any unlicensed premises and stop, enter and search any car or
other vehicle, in which he has reason to suspect that any liquor is sold or kept for
sale, and any liquor found in such search may be seized and removed together with
the vessels containing it and may be forfeited by a court on conviction of the owner
or person found in possession thereof:
Provided that where the delay occasioned in obtaining such written authority is likely
to prevent the detection of an offence a police officer may so act without such
authority, but shall report such action as soon as possible to a magistrate.
(2) Any person who resists or obstructs a medical officer of health, or any person
authorized in writing by a medical officer of health, or a police officer, in the exercise
of his duty under section 37 or section 38, as the case may be, shall be guilty of an
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offence and liable to a fine not exceeding two thousand shillings or to imprisonment
for a term not exceeding six months.
Name and address to be furnished in certain circumstances.
41. (1) A police officer may demand the name and address of any person
found on premises in which he seizes or from which he removes any liquor under this
Act, and if such person refuses to comply with such demand, or gives a name or
address which the officer has reasonable grounds to believe is false, the officer may
arrest such person without warrant and take him as soon as possible before a
magistrate.
(2) Any person who refuses to give his name or address when demanded under this
section, or gives a false name or address, or in any way obstructs or evades such
demand, shall be guilty of an offence.
Intoxication.
42. (1) Any person found by a police officer to be drunk and incapable or
drunk and disorderly in or near a street, road, licensed premises, shop, hotel or
other public place may be arrested without warrant and brought without unnecessary
delay before a magistrate.
(2) Any person convicted of being drunk and incapable or drunk and disorderly in or
near a place referred to in subsection (1) shall be liable to a fine not exceeding five
hundred shillings or to imprisonment for a term not exceeding three months or to
both.
(3) Any person convicted under subsection (2) on more than three occasions in any
period of twelve months shall be forthwith reported by the convicting magistrate to
the Commissioner of Police, who shall inform such licensees as he deems desirable of
such convictions, and thereupon, and until a period of twelve months has passed
without any further such conviction in respect of that person, any licensee so
informed who knowingly sells or supplies liquor to or for delivery to that person shall
be guilty of an offence, and it shall furthermore be an offence for that person to be in
possession of any liquor.
(4) Any licensee who sells liquor to a person already in a state of intoxication or by
any means encourages or incites him to drink liquor shall be guilty of an offence.
No sale or bottling of liquor except under licence.
43. Any person who sells liquor or offers or exposes it for sale or who bottles
liquor except under and in accordance with, and on such premises as may be
specified in, a licence issued in that behalf under this Act shall be guilty of an offence
and liable (a) for a first offence, to a fine not exceeding three thousand shillings or to
imprisonment for a term not exceeding nine months, or to both;
(b) for a second or subsequent offence, to a fine not exceeding four thousand
shillings or to imprisonment for a term not exceeding one year or to both,
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and in addition to any penalty imposed under paragraph (a) or paragraph (b) it shall
be lawful for the court to order, the forfeiture of all liquor found in the possession,
custody or control of the person convicted, together with the vessels containing the
liquor.
Selling liquor to police officer.
44. Any person who sells liquor to a police officer in uniform of or below the
rank of Inspector, or who harbours or suffers to remain on licensed premises any
such police officer except for the purpose of keeping or restoring order or otherwise
in the execution of his duty, shall be guilty of an offence and liable to imprisonment
for a term not exceeding three months.
Failure to disclose previous conviction on application for licence.
45. Any person who is required by any provision of this Act to disclose any
conviction and fails to do so when making any application shall be guilty of an
offence.
No drinking in contravention of licence.
46. (1) If any person purchases any liquor from a licensee whose licence
does not cover the sale of that liquor for consumption on the premises, and drinks
the liquor on the premises where it is sold, or in any premises adjoining or near to
those premises, if belonging to the seller of the liquor or under his control or used by
his permission, or on any highway adjoining or near any such premises, and it
appears to the court that the drinking was with the privity or consent of the licensee
who sold the liquor, the licensee shall be guilty of an offence.
(2) If a licensee whose licence does not cover the sale of liquor to be consumed on
his premises himself takes or carries, or employs or suffers any other person to take
or carry, any liquor out of or from his premises for the purpose of being sold on his
account, or for his benefit or profit, and of being drunk or consumed in any place
whatsoever (whether enclosed or not, and whether or not a public thoroughfare)
other than the licensed premises, with intent to evade the conditions of the licence,
the licensee shall be guilty of an offence, and, if the place is any house, tent, shed or
other building of any kind whatever belonging to the licensee or hired, used or
occupied by him, the licensee shall be deemed, unless the contrary is proved, to
have intended to evade the conditions of the licence.
Penalty for selling adulterated liquor.
47. (1) Any person who keeps for sale, offers for sale or sells any liquor
which has been (a) in any way adulterated, or
(b) diluted by any person other than the bottler thereof,
shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings
or to imprisonment for a term not exceeding two years or to both.
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(2) On the conviction of a licensee of an offence under subsection (1), the court
may, in addition to any other penalty it may lawfully impose, if it finds that the liquor
in respect of which the offence was committed was adulterated by a substance or
substances which rendered the liquor unfit for human consumption, and unless the
licensee proves to the satisfaction of the court that he took all reasonable
precautions against such adulteration and that such adulteration took place without
his knowledge or consent, order that his licence be forfeited, and no licence shall
thereafter be granted or transferred to him.
Evidence of sale or consumption.
48. (1) In any proceedings under this Act relating to the sale or consumption
of liquor, such sale or consumption shall be deemed to be proved if the court is
satisfied that a transaction in the nature of a sale took place, whether or not any
money has been shown to have passed, or as the case may be, if the court is
satisfied that any consumption was about to take place.
(2) Evidence of consumption or intended consumption of liquor on licensed premises
by some person other than the licensee or a member of his family or his servant or
agent shall be prima facie evidence that the liquor was sold by or on behalf of the
licensee to the person consuming or about to consume the liquor.
(3) If any seller of non-intoxicating beverages supplies liquor mixed or to be mixed
or taken with such beverage, he shall be deemed to have sold such liquor.
Onus of proof.
49. (1) The onus of proving that a person is licensed under this Act shall lie
on that person.
(2) The fact that a person not licensed under this Act to sell liquor has a signboard or
notice upon or near his premises fitted with a bar or other place containing bottles,
casks or vessels so displayed as to induce a reasonable belief that liquor is sold or
served therein, or having liquor concealed, or more liquor than is reasonably
required for the person residing therein, shall be deemed to be prima facie evidence
of the unlawful sale of liquor by that person.
(3) In any proceedings under this Act, where a person is charged with selling liquor
without a licence or without an appropriate licence, such liquor being in bottle and
appearing to be unopened and labelled and stoppered by the bottler thereof, the
contents of such bottle shall be deemed, unless the contrary is proved, to be liquor
of the description specified on the label thereof.
General penalty
50. Any person who is guilty of an offence under this Act or any rules made
thereunder for which no penalty is specially provided shall be liable to a fine not
exceeding five hundred shillings or to imprisonment for a period not exceeding one
month or to both.
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Conviction to be endorsed on licence.
51. Every licensee who is convicted of an offence under this Act shall produce
his licence to the court convicting him, and the court shall endorse every such
conviction on the licence and shall inform the chairman of the appropriate licensing
court.
Forfeiture of licence for transfer of interest and for convictions.
52. If in any proceedings before a court it appears that a licensee (a) whether he was present in the licensed premises or not, has permitted an
unlicensed person to be the owner or part owner of the business of the licensed
premises or to have a substantial interest in that business, except with the consent
of the chairman of the licensing court; or
(b) is convicted of an offence under this Act and a previous conviction within the
preceding twelve months of the same or any other offence under this Act or three
such previous convictions within the preceding five years is or are proved; or
(c) is twice convicted within twelve months of selling, offering or keeping for sale any
adulterated liquor,
then the court may, in addition to any other penalty which it may lawfully impose,
order that his licence be forfeited, and that no licence shall be issued or transferred
to him for such period as the court may order.
Rules.
L.N.87/1964,
36 of 1966, s. 2.
53. The Minister may make rules generally for the better carrying out of the
provisions and purposes of this Act, and in particular, but without prejudice to the
said generality, for (a) regulating the proceedings and meetings of licensing courts;
(b) prescribing the forms of applications, notices, licences and other documents for
use under this Act;
(c) prescribing fees;
(d) prescribing the hours during which any licensee may sell liquor, and any such
rules may make different provision with respect to different areas, premises or
licences and may impose conditions and make exceptions;
(e) prescribing anything by this Act required to be prescribed.
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SCHEDULE
(s. 22)
1. Liquor licenses of the following descriptions may be granted under this Act(A) Brewer's licence
Subject to the conditions specified in the licence, a brewer's licence authorises the holder to(a) brew and store the brewed liquor in his depot;
(b) sell the product of his brewery by wholesale in accordance with the conditions that are, for
the time being, applicable to a holder of a wholesale licence or by delivery from the depot
throughout Kenya; and
(c) bottle liquor subject to such conditions as may be prescribed.
For the purposes of this paragraph, "depot" means premises of whatever description, which
are occupied by a brewer for the purposes of his trade.
(B) Wholesale licence
A wholesale liquor licence authorises the licensee to sell liquor at the premises specified in the
licence, subject to such conditions as may be prescribed.
(C) Retail licence
A retail liquor licence authorises the licensee to sell liquor on the premises, at the hours and
subject to such other conditions as are specified in the licence.
2. The following general provisions apply with respect to licenses granted under this Act(a) A liquor licence may be granted to apply to more than one premise, subject to the
conditions specified in the licence.
(b) A liquor licence shall be valid for a period of one year from the date of issue and is
renewable, subject to the Act and the conditions on which it is issued.
(c) A liquor licence may be transferred to such person as may be approved by the Liquor
Licensing Court on application of the transferor and the transferee, subject to such conditions
as may be imposed.
L.N.40/1971,
L.N.254/1978.
SUBSIDIARY LEGISLATION
Areas declared to be licensing areas under section 3
The areas specified in the first column hereunder have been declared to be licensing areas for
the purposes of the Act, and are to be known by the respective names specified in the second
column hereunder –
NAIROBI AREA
The Nairobi Area
Nairobi Licensing Area-
NYANZA PROVINCE
The Siaya District
Siaya Licensing Area.
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The Kisumu District
The South Nyanza District
The Kisii District
Kisumu Licensing Area.
South Nyanza Licensing Area,
Kisii Licensing Area.
WESTERN PROVINCE
The Kakamega Dislrict
The Bungoma District
The Busia District
Kakamega Licensing Area.
Bungoma Licensing Area.
Busia Licensing Area.
RIFT VALLEY PROVINCE
The Nakuru District
The Baringo District
The Kericho District
The Samburu District
The Laikipia District
The Uasin Gishu District
The Trans Nzoia District
The EIgeyo-Marakwet District
The Nandi District
The West Pokot District
Ths Kajiado District
The Narok District
The Turkana District
CENTRAL PROVINCE
The Nyeri District
The Kiambu District
The Nyandarua District
The Kirinyaga District
The Murang'a District
Nakuru Licensing Area.
Baringo Licensing Area.
Kericho Licensing Area.
Samburu Licensing Area.
Laikipia Licensing Area.
Uasin Gishu Licensing Area.
Trans Nzoia Licensing Area.
EIgeyo-Marakwet Licensing Area.
Nandi Licensing Area.
West Pokot Licensing Area.
Kajiado Licensing Area.
Ngong Licensing Area.
Turkana Licensing Area.
Nyeri Licensing Area.
Kiambu Licensing Area.
Nyandarua Licensing Area.
Kirinyaga Licensing Area.
Murang'a Licensing Area.
EASTERN PROVINCE
The
The
The
The
The
The
Meru District
Embu District
Machakos District
Kitui District
Lsiolo District
Marsabit District
NORTH-EASTERN PROVINCE
The Garissa District
The Wajir District
The Mandera District
COAST PROVINCE
The Kilifi District
The Lamu District
The Tana River District
The Mombasa District
The Kwale District
The Taita District
Meru Licensing Area.
Embu Licensing Area.
Machakos Licensing Area.
Kitui Licensing Area.
Isiolo Licensing Area.
Marsabit Licensing Area.
Garissa Licensing Area.
Wajir Licensing Area.
Mandera Licensing Area.
Kilifi Licensing Area.
Lamu Licensing Area.
Tana River Licensing Area.
Mombasa Licensing Area.
Kwale Licensing Area.
Taita Licensing Area.
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Liquor Licensing Act, Cap 121
PART I – PRELIMINARY
Citation.
1. These Rules may be cited as the Liquor Licensing Rules.
PART II - APPLICATIONS
Applications for grant or renewal of licences.
2. Except as otherwise provided in these Rules, every application for the grant or
renewal of a licence shall be made in triplicate in Form 1 in the First Schedule, and shall bear a
ten shilling adhesive revenue stamp.
Applications for transfer or removal of licences.
3. Every application for the transfer or removal of a licence shall be made in triplicate
in Form 2 in the First Schedule, and shall bear a ten shilling adhesive revenue stamp.
Applications for temporary licences.
4. Every application for a temporary liquor licence or a temporary extension liquor
licence shall be made in Form 3 in the First Schedule.
Applications for club liquor licences.
5. (1) Where an application is made for the grant of a club liquor licence of either
description, the applicant, in addition to completing Form 1, shall complete Form 4 in the First
Schedule and forward both to the licensing court.
(2) Where a licensing court desires further particulars, it may, by notice in writing sent to the
applicant, require the applicant to furnish such particulars either in writing or otherwise, and
may, where it considers it desirable, require that the constitution and rules of the club be
produced for inspection.
Applications for assurance.
6. Every application for an assurance under section 9 of the Act shall be made in
triplicate in Form 5 in the First Schedule and shall bear a ten shillings adhesive revenue
stamp.
Police and medical officer of health to receive copies of application.
7. The chairman of a licensing court shall forward one copy of each application
received by him under rules 2, 3 and 6 to the officer commanding the police formation in the
licensing area and to the medical officer of health, both of whom shall make such
recommendations thereon as may be appropriate.
Applications for duplicate licences.
8. Every application for a duplicate licence shall be made in writing, and shall set forth
details of the licence lost and the manner in which it was lost or destroyed.
PART III – LICENCES
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Form of liquor licence.
9. Save as otherwise hereinafter provided, every liquor licence shall be in Form 1 in
the Second Schedule.
Temporary liquor licence.
10. Every temporary liquor licence shall be in Form 2 in the Second Schedule.
Temporary extension liquor licence.
11. Every temporary extension liquor licence shall be in Form 3 in the Second
Schedule.
Assurance.
12. Every assurance under section 9 of the Act given by a licensing court shall be in
Form 4 in the Second Schedule.
PART IV - MISCELLANEOUS
Fees.
13. There shall be paid to the licensing court or to the District Commissioner, as the
case may be, for the several matters set out in the first column of the Third Schedule the fees
set out in the second column of that Schedule.
Applications to follow form prescribed.
14. (1) All applications and other documents required by these Rules shall be clearly
and legibly written, typewritten or printed in English, and shall be in the form prescribed
therefor in the First Schedule with such alterations or additions as may be necessary. (2)
Nothing in this paragraph shall preclude a licensing court from accepting any document which
substantially complies with the form prescribed therefor.
Proportionate fee.
15. Where under section 27 or subsection (8) of section 39 of the Act a proportionate
fee is payable, the fee shall be calculated as the appropriate proportion of the fee payable for
one year.
Hours, etc., for the sale of liquor.
16. (1) Subject to the Schedule to the Act, the hours, conditions and exceptions
specified in the second column of the Fourth Schedule shall apply with respect to the sale of
liquor by persons granted the licences specified in relation thereto in the first column of the
Fourth Schedule. (2) In the Fourth Schedule, "meal" means substantial refreshment to which
the sale of liquor is ancillary.
FIRST SCHEDULE
FORM 1 (r. 2)
THE LIQUOR LICENSING ACT APPLICATION FOR THE GRANT OR RENEWAL OF A
LIQUOR LICENCE
[To be completed in triplicate]
1. Name of applicant ................................................................................... 2.
Applicant's postal address ....................................................................... 3. Address and
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plot number of premises ....................................................... [Give sufficient details
adequately to identify the premises]
4. Name by which premises known .............................................................. 5. If for
renewal, give expiring licence number ............................................... 6. Licence to run
from ...................... to ....................................................... 7. Type of licence applied for
....................................................................... 8. Details of convictions as required by
section 8 of the Liquor Licensing Act.
.....................................................................................................................
..................................................................................................................... Date
............................................... ................................................ Signature of Applicant.
TEN SHILLINGS ADHESIVE REVENUE STAMP
Note. - If the application is for a wholesale liquor licence to be applicable to more premises
than one, paragraphs 3 and 4 must give particulars of all such premises.
FORM 2 (r. 3)
THE LIQUOR LICENSING ACT APPLICATION FOR *TRANSFER/ REMOVAL OF A LIQUOR
LICENCE
[To be completed in triplicate]
1. Name of applicant....................................................................
2. Applicant's postal address ........................................................................
3. Type and number of licence held ..............................................................
4. Address of premises specified therein ......................................................
*5. Name of transferee/address of premises to which it is desired to remove licence
.........................................................................................................
6. Details of transferee's convictions as required by section 8 of the Liquor Licensing Act.
........................................................................................... Date...............................
...................................... Signature of Applicant.
TEN SHILLINGS ADHESIVE REVENUE STAMP
*Delete where not applicable.
FORM 3 (r. 4)
THE LIQUOR LICENSING ACT APPLICATION FOR A *TEMPORARY LIQUOR
LICENCE/TEMPORARY EXTENSION LIQUOR LICENCE
1. Name of Applicant .................................................................................
2. Applicant's postal address ......................................................................
3. Type and number of licence held .............................................................
4. Type of licence required ..........................................................................
*5. Address to which temporary licence should be made applicable ............
*6. Period for which temporary licence required .........................................
*7. Extension times applied for ...................................................................
Date...................................................................... Signature of Applicant.
*Delete where not applicable.
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FORM 4 (r. 5)
THE LIQUOR LICENSING ACT PARTICULARS CONCERNING CLUBS
[To be completed in block capitals]
THESE PARTICULARS relate to an application which has been made for the grant of a
........................................................................................
[Particulars of type of licence]
by ...........................................................................................................
[Full names of applicant] who intends to hold such licence on behalf of a club]
PARTICULARS
1. Name of club concerned .........................................................................
2. Address and situation of club premises .....................................................
.........................................................................................................................
3. State whether the club is registered or exempted from registration under the provisions of
the law for the time being relating to companies or societies
.........................................................................................................................
Registration No. ..........................................................................................
4. Particulars of types or categories of membership existing ..........................
.........................................................................................................................
5. Total membership of club .........................................................................
.........................................................................................................................
6. State whether entrance fees or subscriptions are payable ...........................
7. Give details of the objects or purposes for which the club is established
.........................................................................................................................
8. State whether any persons, other than members, may pay for or be charged for food, drink
or accommodation offered by the club ......................
9. State whether the club is a members' club or a proprietary club; that is, who owns the club
property, the freehold title or leasehold title to the land upon which the club is situate, and
who retains any profits earned or made by the club .....
.................................................................................................
10. State whether any limit is imposed on temporary membership, and whether temporary
members are required to pay both entrance fees and subscriptions
...............................................................................................
.....................................................................................................
11. Particulars of the applicant's office or position in the club .........................
.........................................................................................................................
I, .............................. the applicant, hereby declare that the foregoing particulars are correct
in every detail. Date......................... ........................................ Signature of Applicant.
FORM 5 (r. 6)
THE LIQUOR LICENSING ACT APPLICATION FOR AN ASSURANCE UNDER SECTION 9 OF THE
ACT
1. Name of applicant ..................................................................................
2. Applicant's postal address ......................................................................
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Liquor Licensing Act, Cap 121
3- Type of licence which will be required .....................................................
4. Situation of premises concerned ..............................................................
5. Whether being constructed or reconstructed ............................................
6. Date from which licence will be required to run ........................................
7. Details of applicant's convictions, as required by section 8 of the Liquor Licensing Act
..............................................................................................
...................................................................................................................
8. Details of applicant's interest in the premises .............................................
....................................................................................................................
Date................................. ...................................... Signature of Applicant.
TEN SHILLINGS ADHESIVE REVENUE STAMP SECOND SCHEDULE
FORM 1 (r. 9)
THE LIQUOR LICENSING ACT .............................................LIQUOR LICENCE LICENCE No.
................................
This liquor licence is granted under the provisions of the Liquor Licensing Act to
.............................. of .............................. in respect of premises situate at
............................................................................................................... [Full details of
premises to be inserted by issuing officer]
This licence is granted subject to the provisions of the Liquor Licensing Act, and to the
following conditions ....................................................................
...................................................................................................................
................................................................................................................... This licence
shall expire on .......................................................................... Fees paid: Sh.
................................................ Date of issue ..................................................
........................................... Chairman, ........................................... Licensing Court.
FORM 2 (r. 10)
THE LIQUOR LICENSING ACT TEMPORARY LIQUOR LICENCE
No. ............................
This temporary liquor licence is granted under the provisions of the Liquor Licensing Act to
................................. or ......................................... being the holder of a
...................................... liquor licence No. .................... and authorizes the licensee to sell
....................... liquor at ................................ This licence is valid from ................ to
..................................................... This licence is issued subject to the provisions of the
Liquor Licensing Act, and to the following conditions
....................................................................
...................................................................................................................
................................................................................................................... Fee paid:
Sh. ........................................ Date of issue .................................
........................................... District Commissioner, .......................District.
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Liquor Licensing Act, Cap 121
FORM 3 (r. 11)
THE LIQUOR LICENSING ACT TEMPORARY EXTENSION LIQUOR LICENCE No.
......................................
This temporary extension liquor licence is issued to ......................................
........................................................................................... being the holder of a
............................ liquor licence, No........................, and authorizes the licensee to sell
.............................liquor at ................. from ................... o'clock in the afternoon until
........................ o'clock in the .......................... noon on
...................................................................................................... This temporary
extension liquor licence is granted subject to the provisions of the Liquor Licensing Act, and to
the following conditions .............................
...................................................................................................................
................................................................................................................... Fee paid:
Sh. ........................ Date of issue ........................ .......................................... District
Commissioner, .........................District.
FORM 4 (r. 12)
THE LIQUOR LICENSING ACT ASSURANCE THAT A LIQUOR LICENCE WILL BE ISSUED
............................................. LICENSING COURT
........................................................................................................... of
............................................... having satisfied me that he has an interest in premises to
be built/being built* at .................................... for the purpose of being used for the sale of
liquor for consumption therein, and having supplied me with a signed copy of the plans of the
premises, he is hereby assured that, on completion of the premises in accordance with the
signed plans, and subject to the provisions of section 9 of the Liquor Licensing Act, he will be
granted a ................................................................ liquor licence. Fee paid: Sh.
........................ Date of issue ....................... ............................................... Chairman,
...................Licensing Court. *Delete where not applicable.
THIRD SCHEDULE
Licence Fees For 12 months For 6 months or less Sh. Sh.
1. General retail liquor licence (a) in respect of premises situate in the City of Nairobi or on Mombasa Island .. .. ... .. .. .. ..
.. .. .. .. .. .. .. .
(b) in respect of premises situate within any municipality other than the City of Nairobi or on
Mombasa Island .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
(c) in respect of premises situate elsewhere than in a municipality.. .. . 6,000 4,500 3,000
3,600 2,700 1,800
2. Wholesale liquor licence (a) for the first premises .. .. .. .. .. ..
(b) for each additional premises .. .. 3,000 300 1,800 300 3.
(1) Bottler's liquor licence .. .. ..
(2) Depot licence, in addition to (1), per depot.. .. .. .. .. .. .. .. .. .. .. .. .. 6,000 300 3,600
300
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Liquor Licensing Act, Cap 121
4. Malt and non-spirituous liquor, on-licence (a) in respect of premises situate in the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. .
. .. .. .. .. .. ..
(b) in respect of premises situate in any municipality other than the City of Nairobi or on
Mombasa Island..
(c) in respect of premises situate elsewhere than in a municipality.. .. . 1,800 1,200 900 1,050
750 540
5. Malt and non-spirituous liquor, off-licence (a) in respect of premises situate in any municipality
(b) in respect of premises situate elsewhere than in a municipality.. ..
(c) where the licensee holds a malt and non-spirituous liquor on-licence in respect of the same
premises.. .. 900 450 60 540 270 60
6. Wine merchants and grocer's liquor licence (a) in respect of premises situate in the City of Nairobi or on Mombasa Island . .. .. .. .. .. .. ..
.. .. .. .. .. .. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or on
Mombasa Island .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. ..
(c) in respect of premises situate elsewhere than in a municipality.. .. . 6,000 4,500 3,000
3,600 2,700 1,800,
7. Hotel liquor licence (a) in respect of premises situate in the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. ..
.. .. .. .. .. .. ..
(b) in respect of premises situate in any municipality other than the City of Nairobi or on
Mombasa Island ..
(c) in respect of premises situate elsewhere than in a municipality.. ..
(d) where the licensee holds a general retail liquor licence in respect of the same premises .. ..
.. 3,600 2,400 1,500 60 2,160 1,400 840 60
8. Restaurant liquor licence (a) in respect of premises situate in the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. ..
.. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or in
on Mombasa Island .. .. .. .. .. .. .. .. .
(c) in respect of premises situate elsewhere than in municipality .. .. .. .. 3,600 2,400 1500
2,160 1,440 840
9.(1) Club liquor licence (members' club) -
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Liquor Licensing Act, Cap 121
(a) in respect of premises situate in the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. ..
.. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or in
on Mombasa Island .. .. .. .. .. .. .. .. .
(c) in respect of premises situate elsewhere than in municipality. .. .. .
(2) Club liquor licence (proprietary club) (a) in respect of premises situate in the City of Nairobi or in on Mombasa Island .. .. .. .. .. .. ..
.. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or in
on Mombasa Island .. .. .. .. .. .. .. .. .
(c) in respect of premises situate elsewhere than in municipality. .. .. . 450 300 225 3,600
2,400 1,500 270 180 135 2,170 1,470 840
10.Canteeen liquor licence (a) over 50 members .. .. .. .. .. . . ..
(b) 50 or fewer members .. .. .. .. .. 900 150 540 90
11.Theatre liquor licence .. .. .. .. .. . 3,000 1,800
12. Traveller's liquor licence
(a) where the licensee does not hold a general retail liquor licence in respect of the same
premises .. .. ..
(b) where the licensee holds a general retail liquor licence in respect of the same premises .. ..
.. 6,000 3,000 3,600 1,800
13. Railway restaurant car liquor licence, per car .. .. .. .. .. .. .. .. .. 900 900
14. Steamship liquor licence, per steamship.. .. .. .. .. .. .. .. .. .. .. .. .. 900 900
15. Temporary liquor licence, per day .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 150
16. Temporary extension liquor licence, per hour of extension(a) in respect of premises situate in the City of Nairobi or on Mombasa Island .. .. .. .. .. .. .. ..
.. ... ... .. .. ..
(b) in respect of premises situate within any municipality other than the City of Nairobi or on
Mombasa Island .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(c) in respect of premises situate elsewhere than in a municipality .. . 90 60 45
17. For transferring a liquor licence.. 150
18. For removing a liquor licence .. .. 90
19. For the issue of an assurance under section 9 of the Act.. .. .. .. .. 150
20. For the issue of a duplicate licence .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 20
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Liquor Licensing Act, Cap 121
FOURTH SCHEDULE
(r. 16)
Licence Hours, Conditions and Exceptions
1. General Retail LiquorLicence Authorized to sell liquor on any day of the week during the
hours of 10.00 a.m. to 2.00 p.m. and 5.00 p.m. to 11.00 p.m.
2. Malt and Non-spirituous Liquor) On-licence.
3. Hotel Liquor Licence .. Authorized to sell liquor on any day of the week to a lodger (a) for his own consumption on the premises, at any hour,
(b) for the consumption on the premises by the guests of such lodger during the hours of
10.00 a.m. to 12 midnight:
Provided that no liquor for consumption by guests shall be sold after 11.00 p.m. except for
consumption with a meal to be eaten on the premises.
4. Restaurant Liquor Licence .. .. Authorized to sell liquor on any day of the week to persons
taking meals in the restaurant, for consumption with such meals, during the hours of 12 noon
to 12 midnight.
5. Club Liquor Licence .. Authorized to sell liquor to members on any day of the week at any
hour.
6. Canteen Liquor Licence Authorized to sell liquor during the hours of 12 noon to 2.00 p.m.
and 5.00 p.m. to 10.00 p.m.
7. Theatre Liquor Licence Authorized to sell liquor during the hours of 12 noon to 2.00 p.m.
and 5.00 p.m. to 12 midnight.
8. Travellers' Liquor Licence .. .. Authorized to sell liquor on any day of the week at any hour
to persons bona fide travelling by train or air.
9. Railway Restaurant Car Liquor Licence. Authorized to sell liquor at any hour.
10. Steamship Liquor Licence .. .. Authorized to sell liquor on any day of the week at any hour
while the steamship, whether stationary or in motion, is on a voyage.
11. Extension of Liquor Licence .. Authorized to sell liquor on the day specified in the licence
during such hours not extending beyond 4.00 a.m. of the day following as the District
Commissioner may specify.
LICENSING AREA
IN EXERCISE of the powers conferred by section 3 of the Liquor Licensing Act, the Minister of
State for Provincial Administration and Internal Security declares the area specified in the first
column of the Schedule hereunder to be a licensing area for the purposes of the Act, and is to
be known by the respective name specified in the second column hereunder.
SCHEDULE
Rift Valley Province
The Kajiado North District Ngong Licensing Area
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