Division 1 — Prohibitions relating to supply of liquor, etc.
Supply of liquor to be licensed
4.—(1) Subject to this section, a person must not supply any liquor unless the person is authorised by a liquor licence to supply the liquor.
(2) Subsection (1) does not apply in the following circumstances:(a)
the delivery only to a person, at the request of that person, of liquor that is owned by, or ordered under a contract of purchase by, that person;
(b)
in an emergency where the liquor is necessary to preserve life or prevent injury or further injury;
(c)
in the course of a religious service, ceremony or rite lawfully conducted by a priest or minister of religion in a place of worship;
(d)
any other circumstances that the Minister, by order in the Gazette, specifies.
(3) Subject to section 16, a person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $20,000; and
(b)
where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.
Supply of liquor only at licensed premises
5.—(1) Where licensed premises are specified in the liquor licence of a licensee, the licensee must not supply any liquor except at those licensed premises.
(2) A licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Supply, etc., of liquor only during trading hours
6.—(1) A licensee must not do any of the following outside of the trading hours specified in the licensee’s liquor licence or applicable by an order under subsection (2):(a)
supply any liquor;
(b)
keep open, or cause or permit to be kept open, the licensed premises in connection with paragraph (a);
(c)
allow any liquor to be consumed within the licensed premises.
(2) The Minister may, by order in the Gazette, and without compensation, specify that different trading hours are to apply in place of the trading hours specified in the liquor licence of —(a)
any particular licensee described in that order; or
(b)
any class of licensees described in that order.
(3) An order mentioned in subsection (2) may —(a)
provide for the trading hours specified in the order to apply temporarily for a specific period or otherwise; and
(b)
provide for different trading hours to apply to different licensees or classes of licensees.
(4) A licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(5) To avoid doubt, the Minister need not give any licensee an opportunity to be heard before exercising any power under subsection (2).
Unlicensed person not to exhibit sign, etc.
7.—(1) A person must not display, or cause or permit to be displayed, any sign, writing, painting or other mark in or at any part of any premises for the purpose of falsely claiming, suggesting or implying that the premises are licensed premises, or that any liquor may be or is supplied at the premises, when those premises are not licensed premises.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Division 2 — Liquor licences
Grant of liquor licence, etc.
8.—(1) Subject to subsection (2), upon application for a liquor licence, the Licensing Officer may grant the applicant the liquor licence, or renew the liquor licence, as the case may be.
(2) The Licensing Officer must not grant or renew a liquor licence if the Licensing Officer is satisfied that —(a)
the applicant is not a fit and proper person to be granted the liquor licence or renewal; or
(b)
the premises at which the applicant proposes to supply liquor is in a location not suitable for that supply.
(3) For the purposes of subsection (2)(a), the Licensing Officer may —(a)
require that the applicant satisfy the criteria and requirements that the Licensing Officer publishes on a prescribed website (including criteria and requirements relating to any responsible officer of the applicant and any person having substantial interest in, or control or direction over, the business of the applicant); and
(b)
publish different criteria or requirements for different classes of applicants.
(4) The Licensing Officer may, in granting or renewing a liquor licence, impose any restrictions and conditions that the Licensing Officer thinks fit.
(5) The Licensing Officer may, at any time after the grant or renewal of a liquor licence, and without compensation —(a)
remove or modify any restriction or condition imposed on the liquor licence at the time of the grant or renewal; or
(b)
add any new restriction or condition to the liquor licence.
(6) The Licensing Officer must, before proceeding under subsection (5), give the licensee —(a)
written notice of the Licensing Officer’s intention to so proceed; and
(b)
an opportunity to be heard, within a reasonable time specified in the notice, as to why the removal, modification or addition (as the case may be) should not be proceeded with.
Suspension or cancellation of liquor licence
9.—(1) The Licensing Officer may, without compensation, suspend (for a period not exceeding 6 months) or cancel a liquor licence where —(a)
any information provided by the licensee in or in connection with the licensee’s application for the liquor licence or its renewal was false or incorrect in a material particular;
(b)
the licensee has breached or is breaching any restriction or condition of the liquor licence; or
(c)
the licensee is no longer a fit and proper person within the meaning of section 8(2), taking into consideration the criteria and requirements mentioned in section 8(3).
(2) The Licensing Officer must, before proceeding under subsection (1), give the licensee —(a)
written notice of the Licensing Officer’s intention to so proceed; and
(b)
an opportunity to be heard, within a reasonable time specified in the notice, as to why the suspension or cancellation (as the case may be) should not be proceeded with.
Division 3 — Enforcement of this Part
Entry and search, etc.
10.—(1) Without affecting section 23, the Licensing Officer or a police officer may enter any premises with a view to ascertaining whether any provision of this Part or any regulations made in connection with this Part, and any restriction or condition of a liquor licence, are being complied with.
(2) Without affecting subsection (1), the Licensing Officer or police officer may —(a)
inspect the premises;
(b)
inspect any liquor at those premises or any container in those premises that the Licensing Officer or police officer reasonably suspects contains liquor (including opening the container if unopened); and
(c)
inspect any document kept in connection with the liquor, and take any copies of or extracts from the document that the Licensing Officer or police officer thinks fit.
(3) Where the Licensing Officer or police officer has reasonable grounds to suspect that any provision of this Part or any regulations made in connection with this Part, or any restriction or condition of a liquor licence, has been or is being contravened, any liquor or container of liquor found in connection with the contravention may be seized by a police officer not below the rank of Assistant Superintendent of Police, or any police officer authorised by a police officer not below the rank of Assistant Superintendent of Police.
Closure of licensed premises, etc.
11.—(1) This section applies in the following circumstances:(a)
the Commissioner is satisfied that a breach of this Act or public order, safety or peace has occurred, or is likely to occur, on or in the vicinity of licensed premises and that an order under subsection (2) is necessary to prevent or reduce a significant threat or risk to public order, safety or peace; or
(b)
an offence involving violence has been or is suspected of having been committed on licensed premises.
(2) The Commissioner may, in any of the circumstances specified in subsection (1), by written order to the licensee of the licensed premises, do all or any of the following:(a)
require the licensee to close the licensed premises for the period specified in the order but in no case exceeding 72 hours from the time the order is received by the licensee;
(b)
require the licensee to take any steps, at the expense of the licensee, that the Commissioner thinks necessary to prevent or minimise any significant threat or risk to public order, safety or peace that may arise from the supply of liquor at the licensed premises;
(c)
despite sections 8(6) and 9(2), modify any restriction or condition imposed on the liquor licence of the licensee, or add any new restriction or condition to the liquor licence, or suspend the liquor licence, with immediate effect until such time as the Commissioner is satisfied that the significant threat or risk no longer exists, or the steps required of the licensee under paragraph (b) have been carried out.
(3) A police officer may do anything necessary and use reasonable force in ensuring that an order mentioned in subsection (2), if issued, is complied with.
(4) Without limiting subsections (1)(a) and (2), the circumstances in which there may be a significant threat or risk to public order, safety or peace include circumstances in which there is —(a)
a threat to public health or safety;
(b)
a risk of substantial damage to property;
(c)
a significant threat to the environment; or
(d)
a risk of offences involving violence being committed.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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