CHAPTER 153 - HOTELS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Hotels Regulations

Hotels (Minimum Standards and Classification) Regulations

Hotels (Guest Register) Regulations

Hotels (License Fees) Regulations Hotels (Partial Exemption from Service Charge) (Sun International (Zambia) Limited) Regulations

HOTELS REGULATIONS

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Applications for licenses

   4.   Procedure on application

   5.   Consideration of application

   6.   Grant of license

   7.   Notification of change of ownership

   8.   Classification of hotels

   9.   Factors governing classification

   10.   Issue of notice of classification

   11.   Keeping of register

   12.   List of charges to be displayed

   13.   Notice of classification to be displayed

   14.   Bedrooms to be numbered

   15.   Accommodation in a double room

   16.   Charges for full board terms

   17.   Bill to be supplied

   18.   Authentication of documents

   19.   Power of inspector

   20.   Penalties

   21.   Publication in Gazette

   22.   Revoked by S.I. No. 162 of 1985

   23.   Revoked by S.I. No. 162 of 1985

   24.   Revocation of SI 106 of 1983

      SCHEDULE

SI 161 of 1983,

SI 162 of 1985.

1.   Title

These Regulations may be cited as the Hotels Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“accommodation” means the supply of a bed with linen and sufficient and suitable bed-covers and includes the cleaning of the bedroom and any other supply or service which may reasonably be expected in an hotel of the class to which the license relates;

“bath” includes supply of adequate hot and cold water, soap and towels, and cleaning of the bath and bathroom;

“bed and breakfast” means accommodation and continental breakfast;

“double room” means a room of at least sixteen square metres with not more than two beds excepting a baby cot;

“full board” includes accommodation, early morning tea, breakfast, luncheon, dinner and bath;

“Hotel Manager” means the person who has overall charge of the day-to-day affairs of an hotel;

“single room” means a room of at least eleven square metres with not more than one bed excepting a baby cot;

“suite” means a bedroom with bathroom, and interleading lounge.

3.   Applications for licenses

   (1) Any person required by the Act to obtain a license to keep or manage an hotel shall submit an application to the Board in Form 1 in the Schedule.

   (2) Any person required by the Act to renew such license shall submit an application to the Board in Form 2 in the Schedule.

   (3) With effect from the 1st January, 1984, any person desiring to be or continue to be an hotel manager must hold an hotel manager's license issued by the Board by that date.

   (4) An application for an hotel manager's license shall be in Form 3 in the Schedule and the license shall be in Form 4 in the Schedule; the Board shall determine its own criteria for issuing a hotel manager's license.

4.   Procedure on application

   (1) Upon receipt of an application, the Board shall satisfy itself that the particulars set out therein are correct and shall carry out such investigation or inspection as may be necessary.

   (2) Upon receipt of an application, the Board shall furnish the applicant with an acknowledgement and shall specify therein the date on which the Board shall consider such application.

5.   Consideration of application

Upon the date appointed for the consideration of an application, the Board shall consider the particulars set out therein together with such reports of inspections and inquiries as may have been called for, and may—

      (a)   grant or refuse a license;

      (b)   postpone consideration of the application for any reason which the Board may deem just.

6.   Grant of license

The license granted by the Board in respect of an hotel shall be in Form 5 in the Schedule.

7.   Notification of change of ownership

When the ownership of an hotel is changed, the holder of the license shall notify the Board of such change forthwith.

8.   Classification of hotels

The Board shall classify hotels into such classes and in accordance with such principles as the Board may from time to time decide. The Board shall publish particulars of such classes and principles in the Gazette.

9.   Factors governing classification

In determining the classification of an hotel, the Board shall take into consideration all the factors affecting the overall standard of an hotel and in particular the following—

      (a)   the standard of service and efficiency of the management and the staff;

      (b)   the degree of comfort afforded, the quality of the equipment and furnishings, the proportion of bathrooms to the number of bedrooms and the number of private bathrooms in proportion to the whole;

      (c)   the standard of cleanliness throughout the hotel and the sanitary facilities provided; the manner in which food is stored, prepared, cooked and served and the quality of the food;

      (d)   the structure of the hotel buildings and the amenities provided by public rooms, recreational facilities and grounds.

10.   Issue of notice of classification

The Board shall, upon classification of any hotel in accordance with these Regulations, send to the holder of the license for such hotel a notice in writing in Form 6 in the Schedule informing him of such classification.

11.   Keeping of register

Every hotel-keeper required under section 13 of the Act to keep a register for the purpose of showing the name of every guest shall keep such register in book form in Form 7 in the Schedule.

12.   List of charges to be displayed

Every hotel-keeper shall cause a list of current charges for his hotel to be clearly printed and a copy of it to be displayed in every bedroom and in a prominent place at the reception desk at his hotel. Any person who contravenes the provisions of this regulation shall be guilty of an offence.

13.   Notice of classification to be displayed

Every hotel-keeper shall cause the notice of classification to be exhibited at the reception desk of the hotel, and he shall not advertise or describe his hotel in any publication, leaflet, brochure, broadcast or elsewhere as being of a higher class than that described in such notice. Any person who contravenes the provisions of this regulation shall be guilty of an offence.

14.   Bedrooms to be numbered

Every bedroom shall be numbered and the number allotted to each such room shall be clearly marked on the outside of the door thereof.

15.   Accommodation in a double room

   (1) When a person occupies a double room because no single-room accommodation is available, the hotel-keeper shall not charge to such person, in respect of the room, a rate higher than that fixed for single-room accommodation:

Provided that, the hotel-keeper may, at any time, request such person to share a room with another person, and, if the first person agrees, he shall be charged as regards accommodation and for so long as the room is shared with the other person, half the price chargeable for a double room; and, if he refuses, such first person may be charged the full price for the double- room accommodation.

   (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence.

16.   Charges for full board terms

No guest staying at an hotel on full board terms shall be entitled to any reduction in charges by reason of the fact that he may not have consumed the full number of meals supplied under full board terms.

17.   Bill to be supplied

An hotel-keeper shall furnish every guest staying at his hotel with a bill showing in detail the item or items supplied and the charge or charges made therefor and, on payment being made, with a receipt duly dated and signed. Every such bill and receipt shall be numbered consecutively and a carbon copy thereof shall be kept by the hotel-keeper and, for one year from the date of issue, such copy shall be available for inspection by a member of the Board or a person authorised in writing by the Board. Any person failing to comply with the provisions of this regulation shall be guilty of an offence.

18.   Authentication of documents

Every notice, order or other document issued by the Board shall be signed by the Chairman thereof, or by some person authorised in writing by the Chairman for the purpose, and when so signed shall for all purposes be deemed to have been duly issued by the Board until the contrary be proved.

19.   Power of inspector

Any person authorised in writing by the Board in terms of section 12 of the Act and acting in the course of his duties may—

      (a)   require any hotel-keeper or any of his employees, servants or agents to produce to him any article, books or accounts or other documents relating to the business of the hotel, other than profit and loss, trading accounts and balance sheets;

      (b)   investigate any matter arising under the provisions of the Act;

      (c)   seize and detain any article, books or documents relating to the business of any hotel, other than profit and loss, trading accounts and balance sheets, if he has reasonable grounds for suspecting that they contain evidence of the commission of an offence against the Act.

20.   Penalties

   (1) Any person who is convicted of an offence against these Regulations shall be liable to a fine not exceeding one thousand two hundred and fifty penalty units or to imprisonment for six months, or to both, and the court trying the offence may order the cancellation of any license held by any hotel-keeper who is convicted, or whose employee, servant or agent is convicted, of an offence against these Regulations.

   (2) Any person who abets the commission of, or attempts to commit, any offence against these Regulations shall himself be guilty of an offence.

[Am by Act 13 of 1994.]

21.   Publication in Gazette

A classification or reclassification of an hotel by the Board shall be published in the Gazette.

22.   Revoked by SI 162 of 1985

23.   Revoked by SI 162 of 1985

24.   Revocation of SI 106 of 1983

The Hotels Regulations are hereby revoked.

SCHEDULE

PRESCRIBED FORMS

For Official Use Only
1.............................................
2.............................................
3.............................................
4.............................................
5..............................................

FORM 1

[Regulation 3(1)]

APPLICATION FOR LICENSE TO KEEP OR MANAGE AN HOTEL

I, ……………………………………………………………………………………… hereby apply in terms

of section 5 of the Hotels Act for a license to keep/manage* the under mentioned hotel.

1. Name of hotel ……………………………………………………………………………………….

2. Address of hotel ……………………………………………………………………………………..

3. Name of proprietor ………………………………………………………………………………….

(if partnership, give names of all partners; if limited company, names of Directors).

4. Name of manager……………………………………………………………………………………..

5. Qualifications and/or experience of proprietor or manager in keeping or managing an hotel:

…………………………………………………………………………………………………………..

…………………………………………………………………………………………………………...

6. Municipal valuation of property ……………………………………………………………………..

7. Number of bedrooms:

(a) Single

TOTAL..

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