All persons and/or establishments (General Public, Restauranteurs, Bar Owners and Vendors) selling or keeping for sale any liquor must obtain and display a Liquor Licence. Consumers should be vigilant about checking to see if there is a liquor licence on display when visiting an establishment.
Liquor Licences are granted through the Special Magistrate’s court. The sittings for new and renewal Liquor Licences are held on the 2nd day of the first month of each quarter, or on the first workday immediately following. The next sitting will be held on Tuesday April 2nd, 2019. For those who will need a licence closer to the Carnival Season, the sitting will be on Tuesday July 2nd, 2019.
For First Time Liquor Licence applicants the following information is important to know.
You are required to:
• Make an application to the court not less than 21 days before the hearing.
• Complete the application form in triplicate, one for the applicant, one for the Court and the other for the Commissioner of Police.
• Publish the application notice in the public newspaper two weeks prior to the court hearing, providing a copy of your application.
• Affix and maintain the application notice to the door of the intended premises for the Liquor Licence between the hours of 10 am and 5 pm for two (2) consecutive Sundays prior to the court hearing.
• Attend court on the day appointed for the special hearing.
• If the licence is granted, a certificate is issued at the court detailing the particulars of the licence.
The categories for liquor licences are as follows: (All prices in Eastern Caribbean Dollars)
Wholesale Liquor Licence – $1000
Retail Liquor Licence – $800
Beer Licence – $400
Entirely locally owned Restaurant Licence – $800
Non-Local Restaurant – $1600
Temporary Liquor Licence Retail or Wholesale per day – $25
Tobacco Licence – $500
Persons who wish to have a Temporary Liquor Licence can collect and complete a form at the Inland Revenue Department and make payment to the cashier.
Those who are in possession of a Liquor Licence but wish to renew it should submit their renewal application form to the court not less than 21 days before the special magistrate’s court. The applicant is not required to attend the court in person, unless summoned by the magistrate.
Successful applicants must present the certificate granted by the Magistrate to the Inland Revenue Department for payment and processing. On receipt of certificate and payment, a licence is issued according to the particular licence required.
As noted above there are different categories of licences and persons are only allowed to sell the type of liquor for which the licence has been granted. A Beer Licence, for example, only allows for the sale of beer, ale or stout. It is important to remember that liquor licences are annual and expire on the 5th day of January every year. Fees are charged pro rata on the annual rate.Anyone who had a Liquor Licence in 2018 and is currently selling liquor should have renewed his/her Liquor Licence for 2019.
The Magistrate can refuse to grant a liquor licence if there are objections from the Commissioner of Police or any other party.There are several reasons why a licence may be refused. Persons considering getting a Liquor Licence should take note. A licence may be refused because:
(a) the premises are unfit for the purpose of the licence applied for or are, in the opinion of the Magistrate, undesirable to be licensed;
(b) the applicant is a person of bad character;
(c) the applicant, having within the preceding 12 months been a holder of a licence in any part of Anguilla, has allowed his licensed premises to become a nuisance to his neighbourhood;
(d) the premises for which the application is made are so situated that they cannot be kept under effective police control;
(e) the premises are likely to be a nuisance to the neighbourhood;
(f) the applicant has neglected to comply with the provisions of this Act in making his application;
(g) the applicant has not attained the age of 18 years;
(h) a licence previously held by the applicant under this Act in respect of premises under his own management or immediate supervision has, within the preceding 2 years, been forfeited under the provisions of this Act relating to forfeiture of licences;
(i) there are enough licensed premises to meet the needs of the neighbourhood.
The activities of those purchasing and selling liquor are governed by the Liquor Licences Act. Compliance is encouraged through monitoring and penalties. For example, it is lawful for the Comptroller or any person authorised by the Comptroller to enter and search any place for certain purpose whether licensed or not, where there is reasonable cause to suspect:
(a) that any unlawful sale of liquor is being carried on, in or at such place;
(b) that any liquor is unlawfully kept for sale or concealed in or at such place; or
(c) that any of the provisions of the Liquor Licences Act are being violated or contravened in any manner.
For monitoring and compliance purposes, every licensed dealer and every licensed person must keep a book with records of all sales of spirits in any quantity of 1 gallon or over. The book should always be available and open to inspection by the Comptroller, the Commissioner of Police and any police officer. It may be used in evidence against a licensed dealer or licensed person in any proceedings instituted against such persons under the provisions of the Liquor Licence Act or any other Act.
There are also strict penalties for not adhering to the law. Any person who sells, exposes for sale, or keeps for selling, any liquor whatsoever, without having obtained a licence as required under the provisions of the Act, is liable to a penalty of EC$9,600. There are also penalties for consuming liquor on premises not licenced for same, removing and receiving liquor without sale note and buying liquor from an unlicensed dealer or person.
Licence holders also have rights. Any licensed person may refuse to admit, and may turn out of his licensed premises, any person who is either drunk, violent, quarrelsome or disorderly, or any person whose presence on such licensed premises would subject him to a penalty under the provisions of the Liquor Licences Act.
Any such person, who, upon being requested to leave refuses or fails to do so, is liable to a penalty of $960. Police officers shall, on demand of such licensed person, or his agent, expel or assist in expelling such person, and may use force in doing so.
All persons who sell or intend to sell liquor should ensure they have a liquor licence. This is law, but it is also important for the general wellbeing of our communities.
For more information about liquor licences, visit our office or call 497-8334 or email inlandrevenue@gov.ai. We also invite you to like our Facebook page @AnguillaIRD for updates on services offered by the Inland Revenue Department.
