CHAPTER 168 - TRADITIONAL BEER ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Traditional Beer Regulations

Traditional Beer (Farms) Regulations

TRADITIONAL BEER REGULATIONS

[Section 4 and 7]

Arrangement of Regulations

   Regulation

PART I
GENERAL

   1.   Title

   2.   Interpretation

   3.   Local authorities, Boards and permit authorities

   4.   Prohibition on making, etc, of traditional beer

   5.   Guard areas

PART II
SALE OF TRADITIONAL BEER

   6.   Application of Part II

   7.   Interpretation for purposes of Part II

   8.   Regulation of manufacture of beer sold by Board

   9.   Conditions of sale

PART III
PERMITS TO MANUFACTURE, ETC, TRADITIONAL BEER

   10.   Application of Part III

   11.   Interpretation for purposes of Part III

   12.   Permits

PART IV
TRADITIONAL BEER RATIONS

   13.   Traditional beer ration permit

   14.   Granting of permits

   15.   Brewery premises

   16.   Inspection of permit

   17.   Conditions of supply

   18.   Inspection of brewery premises

PART V
MISCELLANEOUS

   19.   Contravention of regulations

   20.   Cancellation of permits

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

[Regulations by the Minister]

GN 195 of 1933,

GN 109 of 1934,

GN 78 of 1935,

GN 99 of 1936,

GN 122 of 1936,

GN 16 of 1938,

GN 102 of 1938,

GN 106 of 1939,

GN 118 of 1939,

GN 167 of 1939,

GN 224 of 1945,

GN 73 of 1947,

GN 110 of 1947,

GN 23 of 1949,

GN 46 of 1949,

GN 254 of 1949,

GN 30 of 1950,

GN 197 of 1950,

GN 200 of 1951,

GN 26 of 1952,

GN 74 of 1952,

GN 101 of 1952,

GN 223 of 1952,

GN 60 of 1953,

GN 234 of 1953,

GN 316 of 1953,

GN 18 of 1954,

GN 39 of 1954,

GN 85 of 1954,

GN 223 of 1954,

GN 324 of 1954,

GN 87 of 1955,

GN 191 of 1955,

GN 279 of 1955,

GN 95 of 1956,

GN 128 of 1956,

GN 258 of 1956,

GN 275 of 1956,

GN 251 of 1957,

GN 250 of 1958,

GN 342 of 1958,

GN 202 of 1960,

GN 213 of 1960,

GN 269 of 1960,

GN 105 of 1962,

GN 304 of 1964,

GN 502 of 1964,

SI 91 of 1965,

SI 286 of 1965.

PART I
GENERAL

 

1.   Title

These Regulations may be cited as the Traditional Beer Regulations.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“area” means any one of the areas set out in the First, Second and Third Schedules;

“guard area” means any one of the areas set out in the Fourth Schedule.

[Am by GN 224 of 1945.]

 

3.   Local authorities, Boards and permit authorities

   (1) The local authorities set out in the third column of the First Schedule are hereby authorised to manufacture, be in possession of and sell traditional beer in accordance with these Regulations and to issue permits in accordance with Part III within the respective areas set out in the first column of and defined in the second column of the said Schedule.

   (2) The several persons set out in the third column of the Second Schedule are hereby appointed to be Boards for the respective areas set out in the first column of and defined in the second column of the said Schedule, and are hereby authorised to manufacture, be in possession of and sell traditional beer in accordance with these Regulations and to issue permits in accordance with Part III within the aforesaid areas.

   (3) The several persons set out in the third column of the Third Schedule are hereby appointed to be Boards for the respective areas set out in the first column of and defined in the second column of the said Schedule, and are hereby authorised to issue permits in accordance with Part III.

   (4) The several persons set out in the third column of the Fourth Schedule are hereby appointed to be permit authorities for the respective areas set out in the first column of and defined in the second column of the said Schedule, and are hereby authorised to issue permits in guard areas.

   (5) Any Board or other authority authorised to issue permits may change such fees as may from time to time be approved by the Minister.

[Am by GN 224 of 1945, 60 of 1953, 304 of 1964.]

 

4.   Prohibition on making, etc, of traditional beer

Save as in Parts II, III and IV provided, no person shall—

      (a)   at any place within an area make, sell or be in possession of any traditional beer;

      (b)   introduce or cause to be introduced into an area any traditional beer.

 

5.   Guard areas

   (1) The areas set out in the Fourth Schedule are hereby declared to be guard areas.

   (2) No person shall sell traditional beer within a guard area unless he is in possession of a permit authorising him to sell traditional beer within such area.

   (3) Such permit shall specify the name of the person so authorised, and the permit authority may limit the quantity of traditional beer to be sold and may impose any other conditions in regard thereto as it may think fit.

   (4) Such limitation of quantity and such conditions shall be endorsed on the permit and any breach or non-observance thereof shall be deemed to be a contravention of these Regulations.

PART II
SALE OF TRADITIONAL BEER

 

6.   Application of Part II

This Part shall apply only to the areas specified in the First and Second Schedules.

 

7.   Interpretation for purposes of Part II

For the purposes of this Part—

“Board” means, in respect of any area set out in the First Schedule, the local authority and, in respect of any area set out in the Second Schedule, a Board appointed under the provisions of sub-regulation (2) of regulation 3.

 

8.   Regulation of manufacture of beer sold by Board

Where traditional beer may be sold by any Board, the manufacture, sale and distribution of such beer shall be under-taken under the authority of such Board only at such place or places and by such person or persons as may be authorised in writing by the Board, and such manufacture, sale and distribution shall be under the control of such person or persons, subject to the directions of the Board.

 

9.   Conditions of sale

   (1) Traditional beer shall—

      (a)   be sold for cash only and at a price to be fixed by the Board;

      (b)   not be sold except by or in the presence of the person in charge of the place where traditional beer is sold;

      (c)   spent;

      (d)   not be supplied to anyone apparently under the age of sixteen years or to anyone already under the influence of liquor;

      (e)   be consumed only in a place where traditional beer is sold and not be removed therefrom without the special permission of the Board.

   (2) Spent.

[Am by GN 101 of 1952, 60 of 1953, 85 of 1954.]

PART III
PERMITS TO MANUFACTURE, ETC, TRADITIONAL BEER

 

10.   Application of Part III

This Part shall apply to the areas specified in the First, Second and Third Schedules.

 

11.   Interpretation for purposes of Part III

For the purposes of this Part—

“Board” means the authority or any of the Boards set out in the third column of the Schedules to which this Part applies.

 

12.   Permits

   (1) The Board or some person authorised by the Board may issue or cause to be issued a permit authorising any person to make, be in possession of or introduce traditional beer within an area.

   (2) Such permit shall specify the name of the person so authorised, and the Board may limit the quantity of traditional beer to be made, possessed or introduced, and may impose any other conditions in regard thereto as it may think fit.

   (3) Such limitation of quantity and such conditions shall be endorsed on the permit and any breach or non-observance thereof shall be deemed to be contravention of these Regulations.

PART IV
TRADITIONAL BEER RATIONS

 

13.   Traditional beer ration permit

No employer shall brew and supply traditional beer in the form of rations to persons in his employ unless he is in possession of a traditional beer ration permit (hereinafter in this Part called a “permit”) in the form contained in the Fifth Schedule.

 

14.   Granting of permits

   (1) Permits shall only be granted by a resident secretary, and the granting or refusal thereof shall be in his absolute discretion.

   (2) An application for a permit shall be made by the employer to an Administrative Officer stationed in the District in which the employees are working and shall be forwarded by the Administrative Officer with his recommendation to the Permanent Secretary of the Province within which such District is situate.

   (3) Every permit shall expire on the 31st December next following the day of issue.

   (4) No fee shall be charged for the issue of a permit.

   (5) The Permanent Secretary may, if he thinks fit, without assigning any reason, revoke a permit at any time.

[Am by GN 502 of 1964.]

 

15.   Brewery premises

Every employer to whom a permit has been issued shall set aside and designate a separate building or separate buildings for the purpose of the brewing and supplying of traditional beer, and such building or buildings shall be enclosed with a fence. The area so enclosed shall be known as the brewery premises.

 

16.   Inspection of permit

Every employer to whom a permit has been issued shall keep such permit on the brewery premises, and such permit shall be produced on demand for inspection by any Administrative Officer or police officer of or above the rank of Sub-Inspector.

[Am by GN 502 of 1964; SI 91 of 1965.]

 

17.   Conditions of supply

   (1) Traditional beer brewed and supplied as rations shall be consumed on the brewery premises and supplied only to employees of the holder of a permit.

   (2) No traditional beer shall be supplied to any employee apparently under the age of sixteen years.

   (3) Traditional beer supplied as rations shall be supplied free of charge, and no deduction from wages shall be made in respect of such supply.

   (4) No employee shall be supplied with a traditional beer ration exceeding 1 litre a week.

   (5) The date of supply of traditional beer ration shall be marked on the employee’s ticket.

   (6) The brewing and supply of traditional beer shall be under the personal supervision of a duly authorised person.

   (7) The brewery premises and all utensils and receptacles used for the brewing and supply of traditional beer shall be kept in a clean and sanitary condition.

 

18.   Inspection of brewery premises

Every employer to whom a permit has been issued shall at all times allow any Administrative Officer, police officer of or above the rank of Sub Inspector, Medical Officer or Sanitary Inspector full access to all parts of the brewery premises for the purpose of inspection.

[Am by GN 502 of 1964; SI 91 of 1965.]

PART V
MISCELLANEOUS

 

19.   Contravention of regulations

The omission to do any act, matter or thing required to be done under and in accordance with the provisions hereof shall be deemed to be a contravention of these Regulations.

 

20.   Cancellation or permits

Any person contravening any of these Regulations shall be liable, on conviction, in addition to any other penalties, to have any permit issued to him cancelled.

FIRST SCHEDULE

[Regulations 2, 3, 6, 7, 10 and 11]

LOCAL AUTHORITIES AUTHORISED TO MAKE, POSSESS AND SELL TRADITIONAL BEER

Area 

Definition of Area 

Local Authority 

Chipata Beer Area 

All that portion of the Chipata District contained within the limits of the Chipata Township Area 

Chipata Township Council

SECOND SCHEDULE

[Regulations 2, 3, 6, 7, 10 and 11]

BOARDS AUTHORISED TO MAKE, POSSESS AND SELL TRADITIONAL BEER

Area 

Definition of Area 

Board 

Butondo Beer Area 

Butondo Township 

Butondo Township Management Board 

Chambishi Beer Area 

Chambishi Township 

Chambishi Townshi Council 

Chililabombwe Beer Area 

Chililabombwe Township and the Bancroft Township 

Chililabombwe Township Council 

Chingola Beer Area 

Chingola Municipal Area and the Nchanga Township Area 

Municipal Council of Chingola 

Chisamba Beer Area 

*Chisamba 

District Secretary, Kabwe Rural District, or his representative 

Choma Beer Area Choma 

Township and unalienated State Land contiguous thereto 

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