CHAPTER 153
HOTELS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE HOTELS BOARD

   3.   Establishment and composition of Board

   4.   Tenure and vacancies

   5.   Remuneration and allowances

   6.   Functions of Board

   7.   Proceedings of Board

   8.   Disclosure of interest

   9.   Immunity of members

   10.   Committees of Board

PART III
ADMINISTRATION

   11.   Secretary and other staff

   12.   Prohibition of publication or disclosure of information to unauthorised persons

PART IV
LICENSING AND GRADING OF HOTELS

   13.   Licenses

   14.   Conditions under which licenses shall be granted

   15.   Transfer of hotel license

   16.   Revocation of licenses

   17.   Re-grading of hotels

   18.   Refusals, cancellations and regradings

   19.   Appeal to Minister

PART V
MISCELLANEOUS

   20.   Entry, inspection and information

   21.   Register of guests

   22.   Lien of hotel-keeper

   23.   Liabilities of an hotel-keeper

   24.   Settlement of bill

   25.   Service charge and tips

   26.   Offences and penalties

   27.   Regulations

   28.   Application of Liquor Licensing Act.

   29.   Repeal and disapplication

AN ACT

to enable control to be exercised over hotels for the purpose of enforcing therein reasonable standards of cleanliness, sanitation and service; to repeal and replace the Hotels Act,1950, and to disapply the Inn-keepers Act, 1878, so far as it remains in force in Zambia; and to provide for matters connected with or incidental to the foregoing.

[31st December, 1987]

Act 27 of 1987,

Act 13 of 1994.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Hotels Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“Board” means the Hotels Board established under section 3;

“board” means the supplying of lodging and includes the supplying of lodging and meals by the same establishment whether or not separate charges are made for lodging, meals or any other service;

“Chairman” means the Chairman appointed under section 3;

“committee” means a committee of the Board, established by the Board under sub-section (1) of section 10;

“Hotel” means a motel, lodge, boarding-house, resthouse, and any other building or premises used for the accommodation of the public in which lodgings are provided and provisions are supplied by the manager thereof but does not include any Government resthouse, hostel, school, or any premises or class of premises exempted from this Act by the Minister under section 27;

“Hotel-keeper” means a person to whom a hotel license has been issued under sub-section (1) of section 13, and includes a person to whom a license has been transferred under section 15;

“Hotel license” means a license issued under sub-section (1) of section 13;

“Hotel Manager's license” means a license issued under sub-section (2) of section 13 and

“Hotel Manager” shall be construed accordingly;

“member” means a member of the Board, appointed under section 3 and includes the Chairman and the Vice-Chairman;

“public officer” means a person in the employment of—

      (a)   a department of the Government;

      (b)   a statutory corporation;

      (c)   a statutory body; or

      (d)   a company in which the Government has majority or controlling interest;

“register” means the register kept by an hotel-keeper under sub-section (1) of section 21;

“Secretary” means the Secretary appointed under section 11;

“Vice-Chairman” means the Vice-Chairman appointed under section 3;

PART II
THE HOTELS BOARD

3. Establishment and composition of Board

   (1) There shall be established an Hotels Board, which shall consist of—

      (a)   a Chairman and a Vice-Chairman;

      (b)   an Advocate of the High Court for Zambia;

      (c)   a health inspector;

      (d)   a member of the Hotels and Catering Association of Zambia;

      (e)   a member of the Hotels and Catering Worker's Union of Zambia; and

      (f)   not more than three other members.

   (2) The members referred to in paragraphs (a), (b), (c) and (f) of sub-section (1) shall be appointed by the Minister in his discretion but the members referred to in paragraphs (d) and (e) shall be appointed by the Minister in accordance with the recommendation of the organisation concerned.

   (3) Members, except those referred to in paragraphs (a), (b), (c) and (f) of sub-section (1), may nominate a member of their organisation to represent them at a particular meeting and that representative shall, for the purposes of that meeting, be a member.

4. Tenure and vacancies

   (1) Members shall hold office for three years and may be re-appointed.

   (2) Members may resign upon giving one month's notice in writing to the Minister and may, at any time, be removed by the Minister.

   (3) No person shall be appointed a member and where he is a member he shall cease to be a member—

      (a)   if he is declared to be of unsound mind;

      (b)   if he is an undischarged bankrupt;

      (c)   if he is detained, or his freedom of movement is restricted, for over six months under any law in force in Zambia;

      (d)   if he is sentenced to a term of imprisonment longer than six months; or

      (e)   if he is convicted of an offence involving dishonesty.