Provision of false or misleading information
28. Any person who knowingly or recklessly provides to the Licensing Officer, the Commissioner, an authorised officer, the Liquor Appeal Board or the Minister, any false or misleading information or document in relation to any application or appeal concerning a liquor licence, a consumption permit or a Liquor Control Zone banning notice, shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $5,000; and
(b)
where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.
Exemption
29.—(1) The Minister may, by order in the Gazette, exempt any person or class of persons from any provision in this Act, subject to any conditions that the Minister thinks fit.
(2) This section does not apply to matters referred to in sections 4(2)(d) and 12(3)(c).
Power of arrest
30. Any police officer may arrest without warrant any person offending, in the police officer’s view, against any of the provisions of this Act, and take that person before a Magistrate’s Court to be dealt with according to law.
Obstruction
31. Any person who at any time hinders or obstructs any public officer or auxiliary police officer acting in the discharge of the public officer’s or auxiliary police officer’s duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.
Offences by bodies corporate, etc.
32.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any act or default on the officer’s part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) is to apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any act or default on the partner’s part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by a limited liability partnership is proved —(a)
to have been committed with the consent or connivance of a partner or manager of the limited liability partnership; or
(b)
to be attributable to any act or default on the part of a partner or manager of the limited liability partnership,
the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any act or default on the part of the officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(6) In this section —“body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005;
“officer” —(a)
in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(7) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, partnership, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.
Composition of offences
33.—(1) The Commissioner or an authorised officer may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the prosecution of the offence.
(3) All sums collected under this section are to be paid into the Consolidated Fund.
Limitation of liability
34. No liability is incurred by the Licensing Officer, the Commissioner, any approved person, any authorised officer, any police officer, or any member of the Liquor Appeal Board, for anything which is done or intended to be done in good faith and with reasonable care, in the exercise or purported exercise of any power, or the performance or purported performance of any function or duty, under this Act.
Regulations
35.—(1) The Minister may make regulations prescribing matters necessary or convenient to be prescribed for carrying out this Act.
(2) Without limiting subsection (1), the Minister may make regulations to prescribe all or any of the following:(a)
the form, manner and procedure by which an application for a liquor licence is to be made, and the persons who may apply for a liquor licence;
(b)
the different categories of liquor licences that may be granted by the Licensing Officer, including liquor licences for the supply of liquor pursuant to a sale by retail and liquor licences for the supply of liquor pursuant to a sale by wholesale, and when a sale is to be regarded as being by retail or by wholesale;
(c)
the circumstances in which any liquor licence may not be granted or renewed by the Licensing Officer;
(d)
the duties and obligations of licensees, including in connection with the storage of liquor, the persons who may be employed to work at licensed premises, and the persons to whom the liquor may not be supplied;
(e)
the duties and obligations of persons working at any licensed premises, or at any event for which a consumption permit is granted, whose work involves supplying liquor;
(f)
the form, manner and procedure by which an application for a consumption permit is to be made, and the persons who may apply for a consumption permit;
(g)
the form and manner, and the time within which, any appeal under this Act is to be brought, and any procedures or proceedings relating to such appeal;
(h)
the fees and charges for anything done under this Act and the waiver, reduction or refund of fees charged;
(i)
the offences under this Act which may be compounded;
(j)
anything required to be prescribed under this Act.
(3) The Minister may, in making any regulations under subsection (1), provide that any contravention or failure to comply with any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 3 months or with both.
Presentation of regulations to Parliament
36. All regulations made under this Act are to be presented to Parliament as soon as possible after publication in the Gazette.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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