Compoundingof Potable Spirits Act Cap 123 - as Plain Text by MWakili

LAWS OF KENYA COMPOUNDING OF POTABLE SPIRITS ACT CHAPTER 123 Revised Edition 2012 [1982] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

123 Compounding of Potable Spirits CHAPTER 123 COMPOUNDING OF POTABLE SPIRITS ACT ARRANGEMENT OF SECTIONS Section 1.

Short title.

2.

Interpretation.

3.

Offence to compound spirits without licence.

4.

Issue of licences.

5.

Power to make regulations.

SCHEDULES FIRST SCHEDULE APPLICATION FOR A LICENCE TO COMPOUND SPIRITS SECOND SCHEDULE COMPOUNDING LICENCE UNDER SECTION 4 OF THE COMPOUNDING OF POTABLE SPIRITS ACT 3 [Issue 1] [Rev.

2012] CAP.

123 Compounding of Potable Spirits CHAPTER 123 COMPOUNDING OF POTABLE SPIRITS ACT [Date of assent: 2nd November, 1961.] [Date of commencement: 21st November, 1961.] An Act of Parliament to control the compounding of potable spirits [L.N.

2/1964, Act No.

21 of 1966.] 1.

Short title This Act may be cited as the Compounding of Potable Spirits Act.

2.

Interpretation In this Act, except where the context otherwise requires compound means to communicate any flavour to, or to mix any ingredient or material with, spirits, but not so as to denature the spirits; denatured spirits means spirits mixed with any substance so as to render the mixture unfit, and incapable of being readily converted so as to be fit, for human consumption as a beverage; licensing officer means a person appointed by the Minister to be a licensing officer for the purposes of this Act, for the whole or any part of Kenya; spirits means spirits of any description and includes all mixtures, compounds or preparations made with spirits, but does not include any denatured spirits.

3.

Offence to compound spirits without licence (1) Any person who, for profit or sale, compounds spirits otherwise than under and in accordance with a licence issued under section 4 of this Act shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.

(2) Nothing in this section shall apply to the bona fide compounding of spirits (a) upon any premises licensed under the Liquor Licensing Act (Cap.

121), by the licensee, for the Lawful sale thereof for consumption on those premises; (b) in any canteen, club, institute, mess or similar institution not conducted by a private individual for personal profit, for the lawful sale thereof to the members only of that canteen, club, institute, mess or similar institution, for consumption therein; (c) in any vessel in territorial waters, or in any aircraft, for the lawful sale thereof to a passenger or officer or member of the crew of the vessel or aircraft, for consumption therein; 5 [Issue 1] No.

16 of 1961 [Rev.

2012] Compounding of Potable Spirits (d) in the course of the lawful preparation or administration of medicine by a medical practitioner, a veterinary surgeon registered under the Veterinary Surgeons Act (Cap.

366), or a pharmacist registered under the Pharmacy and Poisons Act (Cap.

244); (e) authorized under the Customs and Excise Act (Cap.

472); (f) in any circumstances or in any particular case or for any purpose exempted by a licensing officer, in writing or by notice in the Gazette, from the provisions of this section.

4.

Issue of licences Upon any application made to him in that behalf, a licensing officer may issue a licence to compound spirits subject to such terms and conditions, including the specification or formulae, as he thinks fit.

5.

Power to make regulations (1) The Minister may make regulations generally for the better carrying out of the provisions and purpose of this Act.

(2) Regulations made under this section may, without prejudice to the generality of the power conferred by subsection (1) of this section, prescribe the form of licences and the fees to be paid therefor, and provide for the duration and cancellation of licences.

[Issue 1] 6 [Rev.

2012] CAP.

123 Compounding of Potable Spirits [Subsidiary] CHAPTER 123 COMPOUNDING OF POTABLE SPIRITS ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.

Compounding of Potable Spirits Regulations Regulations Under Section 5, 1962.

97 [Issue 1] [Rev.

2012] CAP.

123 Compounding of Potable Spirits [Subsidiary] COMPOUNDING OF POTABLE SPIRITS REGULATIONS, 1962 REGULATIONS UNDER SECTION 5 [L.N.

149/1962.] 1.

These Regulations may be cited as the Compounding of Potable Spirits Regulations, 1962.

2.

In these Regulations, licensee means the holder of a licence to compound spirits issued under section 4 of the Act.

3.

(1) Every application for a licence to compound spirits shall be made in duplicate to the Licensing Officer in the form in the First Schedule to these regulations.

(2) Every application referred to in subregulation (1) shall be accompanied by the fee of twenty shillings.

4.

Upon receipt of an application and the fee therefor under regulation 3 of these Regulations, the licensing officer may in his discretion issue a licence to compound spirits under section 4 of the Act in the form set out in the Second Schedule to these Regulations, subject to such terms and conditions as he thinks fit, or, without assigning any reason therefor, refuse to issue a licence.

5.

Every licence to compound spirits shall expire on the 31st December following the date of issue thereof, and on application in writing, made to him before such expiration, and accompanied by the fee of twenty shillings, the licensing officer may renew the licence for the next succeeding year.

6.

The Licensing officer may at any time, without prejudice to any prosecution for any offence, by notice in writing addressed to the licensee, vary the terms and conditions of, suspend or revoke any licence to compound spirits, if he is satisfied that the licensee has committed any breach of (a) the provisions of the Customs and Excise Act (Cap.

472), or the Liquor Licensing Act (Cap.

121), or any subsidiary legislation made under either of those Acts in so far as those provisions in any way relate to spirits; or (b) the Act, these Regulations or any of the terms and conditions of his licence.

7.

Where any person is aggrieved by the refusal to grant a licence, or by the variation of the terms and conditions of, the suspension or revocation of, or the refusal to renew, his licence, he may, within fourteen days of the receipt of notice thereof, appeal in writing to the Minister whose determination thereof shall be final and shall not be questioned in any court.

8.

(1) The Licensing Officer may in writing require any licensee to keep such records and in such form as may to the Licensing Officer appear to be necessary to carry out the provisions and purposes of the Act.

(2) A licensee who fails to keep any record required under the preceding paragraph or who makes or is privy to making any false entry in such record, or who omits or is privy to omitting any material particular from a record, shall be guilty of an offence against these Regulations.

9.

(1) Any officer serving in the Customs and Excise Department in uniform or upon production of his authority if so requested, may at any reasonable time (a) enter any premises used by a licensee for the purpose of compounding spirits; (b) make such inspection, search and inquiry as he may consider necessary for the carrying out of the provisions and purpose of the Act, including inspection of books and records; and 9 [Issue 1] CAP.

123 [Rev.

2012] Compounding of Potable Spirits [Subsidiary] (c) take reasonable samples of any spirits or of any materials used in the compounding of spirits.

(2) Any person who obstructs any officer acting in pursuance of the powers conferred by subregulation (1) shall be guilty of an offence.

10.

Any person who is guilty of an offence under these Regulations shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and imprisonment.

FIRST SCHEDULE APPLICATION FOR A LICENCE TO COMPOUND SPIRITS (To be submitted in duplicate) I/We.

of.

hereby apply for a licence to compound spirits in my/our premises situated at.

.

and hereby declare that (a) The undermentioned buildings, rooms, places and items of plant and no other will be used for the compounding of spirits and storage of materials used in connexion therewith, namely.

.

.

.

.

.

.

(b) the process of compounding, the formulae to which the spirits will be compounded and the materials that will be used therein will be as set out in the Schedule attached to this application.

Date.

.

Signature(s) of Applicant(s) [Issue 1] 10 [Rev.

2012] CAP.

123 Compounding of Potable Spirits [Subsidiary] SECOND SCHEDULE [Rule 4, L.N.

149/62.] COMPOUNDING LICENCE UNDER SECTION 4 OF THE COMPOUNDING OF POTABLE SPIRITS ACT LICENCE NO.

.

Name.

of.

is hereby licensed to compound 1.

.

2.

.

3.

.

4.

.

in premises situated at.

from the date hereof to 31st, December, 20.

, subject to the conditions endorsed overleaf.

Date.

.

Licensing Officer FEE PAID: Sh.

20.

11 [Issue 1].