It is common to see the sign saying, 'It is my intention to apply for a spirit licence to sell rum, gin, brandy and other distilled spirit at the next court session', at various bars across the island. The reason for this is that the selling of any spirit in Jamaica requires a spirit licence pursuant to the Spirit Licence Act. Contrary to popular belief, this sign does not permit you to sell alcohol, instead, it simply serves as public notice of your intention to open a bar so that possible objectors are made aware of your intention prior to the licence being granted.
The Spirit Licence Act defines 'spirits' as any liquid containing alcohol, the product of distillation, including the spirits known or sold as rum, brandy, whisky, gin, hollands, and arrack, and all other distilled spirit. There are several types of spirit licences, namely: wholesale licence; town-retail licence, town-off licence, village-retail licence, and tavern licence. It is important to note that the type of licence determines the quantity of spirit you will be able to sell.
WHAT IS THE PROCESS?
In order to get a spirit licence, an applicant will be required to visit the parish court, the tax office, the police station nearest to the establishment, and also the public health department.
The applicant is first required to complete an application for spirit licence form, a duplicate of which is to be served on the police station nearest to the establishment. The application form which can be obtained from the court's office or the tax office requires information, such as: the nature of the licence applied for; a full description of the premises for which the same is desired; as well as whether or not the applicant is able to read and write, and keep account books in English.
The applicant is also required to pay the licence duty and stamp duty for the licence at the tax office. Please keep the receipt safely as the receipt forms part of the application. It is important to note as well that the fees are determined by the type of licence applied for. For example, a village licence costs $1,500 while a town tavern licence costs $5,000. The applicant is also required to obtain a health certificate, and, as such, he or she will be required to visit the public health department.
The application form, proof of payment, and health certificate must be submitted to the court and the superintendent of police in charge of the area at least 21 days before the sitting of the licensing authority, which sits every quarter. One should visit the parish court to ascertain the specific date of the next sitting.
Upon filing of the application, the court will sanction an inspection of the establishment to determine if it is suitable to be issued a spirit licence. An application may be refused by the licence authority if the establishment is deemed unfit for such business operation. However, if satisfied that the establishment is suitable, the applicant will be summoned to attend the next sitting of the licensing authority where a decision will be made on the application. A successful applicant will be contacted within two to three weeks to from the date of the granting of the licence.
Odane Marston is an attorney-at-law who specialises in conveyancing, administration, probate, recovery of possession, criminal litigation and divorce. Marston may be contacted via email at Odanemarston @ gmail . com or telephone 876-999-5391. This article is for general information purposes only and does not constitute legal advice.
