L.S. 41.02 Regolamenti dwar ix-Xorb Alkoholiku

(1)requires - Interpretation. Amended by: L.N. 36 of 1977. In these regulations, unless the context otherwise "alcohol" includes any spirit, whether or not bottled, which is intended for the manufacture, or blending or preparation of alcoholic beverages; "bottle" means any container of a capacity not exceeding 1 litre, and "bottled" shall be construed accordingly; "alcoholic beverage" means any beverage of an alcoholic strength exceeding 3.5º proof, whether produced and bottled or solely bottled in Malta, but does not include wine or beer.

(2)Words and phrases used in these Regulations and not otherwise defined shall have the same meaning as is assigned to them in the Spirits Ordinance. 3.

(1)No person may manufacture, blend or prepare for sale any alcoholic beverage unless he is in possession of a licence issued by the Comptroller.

(2)Any such licence shall be non-transferable and shall apply only to the premises therein specified. Cap. 41. Issue of licence. Amended by: XIII.1983.5; L.N. 407 of 2007; XIII. 2015.26.

(3)Any licence issued under this regulation shall be valid up to the 31st day of December of the year during which it is issued, and a fee of twelve euro and ninety cents (€12.90) shall be charged for the issue of any such licence or for the renewal thereof.

(4)No person in possession of any such licence shall sell, transfer or otherwise dispose of any alcoholic beverage produced by him otherwise than in bottles and in accordance with the provisions of these Regulations. 4.

(1)The Comptroller may refuse the issue or renewal of a licence to any person.

(2)The Comptroller may, at any time, cancel the licence where the licensee does not manufacture, blend or prepare for sale any alcoholic beverage for two consecutive years. Refusal and cancellation of licence. 2 [ S.L.41.02 ALCOHOLIC BEVERAGES Illegal preparation, blending and manufacture of alcoholic beverages. Amended by: XIII.1983.5; L.N. 407 of

2. Any person who prepares, blends or manufactures any alcoholic beverage without the licence required under regulation 3 shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding one thousand and one hundred and sixty-four euros and sixty-nine cents (1,164.69) or to imprisonment for a term of not more than three months, or to both such fine and imprisonment. Keeping of a register. Amended by: L.N. 36 of 1977; XIII.1983.5; L.N. 407 of
3. 6.

(1)Any person to whom a licence has been granted under regulation 3 to manufacture, blend or prepare alcoholic beverages shall keep a register, in the form set out in the Schedule to these Regulations, in which shall be entered, immediately after any quantity of alcohol is received in his warehouse (

1. a)the name and address of the person from whom the alcohol has been acquired, the date of acquisition, the type and quantity acquired and the alcoholic strength as well as the reference number of the certificate issued in accordance with regulation 7; (
2. b)the type and quantity of alcoholic beverages produced and bottled, the number of bottles, their capacity, the respective alcoholic strength of the beverages and the wastage resulting from bottling operations; and (
3. c)where the alcohol has been imported directly by the licensee concerned, the quantity imported, the alcoholic strength, the amount of duty paid, the number of the Customs entry form and the date of payment of the relative duty.

(2)No alcoholic beverage, whether imported or locally produced, which is bottled shall be used in the re-manufacture, blending or preparation of alcoholic beverages without the written authorisation of the Comptroller under such conditions as he may impose and unless such alcoholic beverage is first examined by the Comptroller.

(3)Any person who fails to comply with the provisions of subregulation

(1)of this regulation shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding two hundred and thirty-two euros and ninety-four cents (232.94). Transfer of alcohol. 7. No transfer of alcohol from one blender or an importer to another blender shall be carried out unless such transfer is first authorised by a certificate issued by the Comptroller. Affixing of label. 8.

(1)Any person to whom a licence has been granted under regulation 3 shall affix a label to every bottle of alcoholic beverage produced by him showing the trade mark or trade name and the type of the beverage, its alcoholic strength, its capacity and his name and full address.

(2)Where more than one label is affixed on any bottle, the details required under sub-regulation

(1)of this regulation shall be shown on the main label. Control and disposal of register. 9.

(1)The pages of the register kept in accordance with regulation 6 shall be numbered consecutively and the register shall ALCOHOLIC BEVERAGES [ S.L.41.02 3 not be used unless it is first approved, stamped and signed by the Comptroller.

(2)Such register shall be kept in the premises specified in the licence and shall be shown on demand to the Comptroller, and it shall not be destroyed or otherwise disposed of without the previous authorisation in writing of the Comptroller.

1. No person may sell from any premises in respect of which there is in force a licence to manufacture, blend or prepare alcoholic beverages any such beverage for consumption within the said premises. Control of sale of alcoholic beverages.
2. No entry made in the register prescribed under regulation 6 which requires correction shall be erased or obliterated but it shall be corrected in such a way as to leave it clearly legible. Correction of entries in register. 12.

(1)There shall be affixed across the cap of every bottle of alcoholic beverage bottled in Malta a band of paper in such a manner as to ensure that such band is broken when the bottle is opened. Affixing of bands or other sealing device. Amended by: L.N. 36 of 1977; L.N. 17 of 1996.

(2)Such band (

1. a)shall be white in colour and shall bear the words "Blended in Malta from imported spirits" when the beverage is produced from a blend of imported spirits to which no other ingredient other than distilled water or colouring matter or both is added; (
2. b)shall be white in colour and shall bear the words "Produced in Malta" when the beverage is produced locally or consists of a blend containing other ingredients over and above those listed in paragraph (
3. a)of this sub-regulation; (
4. c)shall be of any colour other than white and shall bear the words "Imported in bulk and bottled in Malta" when the beverage is imported in bulk and no ingredient other than distilled water or colouring matter or both is added.

(3)Such bands shall be consecutively numbered and shall be obtainable at cost from the Comptroller upon the written request by the person licensed as provided under regulation 3, who shall indicate the type and quantity of bands required.

(4)The affixing of the bands shall take place in the presence of the Comptroller to whom adequate notice in advance shall be given.

(5)The Comptroller shall enter in the register kept under regulation 6 the quantity and the serial number of the bands or other sealing devices used on each occasion.

(6)The Comptroller may, on good cause being shown, permit the sealing of bottles otherwise than by the use of a paper band under such conditions as he may deem fit to impose, or dispense with such sealing when other forms of control are deemed by him to be satisfactory in the circumstances.

(7)It shall not be lawful for any person to be in possession of, 4 [ S.L.41.02 ALCOHOLIC BEVERAGES or to acquire in any way whatsoever or to re-use any unbroken bands or other sealing devices, whether used or unused, except as provided in these Regulations.

(8)No bands or other sealing devices affixed to bottles containing any alcoholic beverages as provided under these Regulations may be removed, before the bottle is opened for consumption or re-used for the sealing of bottles containing alcoholic beverages. Withdrawal of samples of alcoholic beverages. Cap.

2. The Comptroller may, at any time, take samples of alcoholic beverages for analysis by the customs analyst who shall certify the alcoholic strength, and for submission to the Superintendent of Public Health who shall ascertain whether the said beverages comply with the provisions of the Food Safety Act or of any regulations made thereunder. Responsibilities of licensees.
3. The affixing of a band or other sealing device across the cap of a bottle containing alcoholic beverage, shall not in any way exempt the licensee in respect thereof from the obligations, r e s p o n s i b i l i t i e s o r o t h e r r e q u i r e m e n t s p r e s c r i b e d b y t h e se Regulations or by any other law. Attendance by Comptroller. 15.

(1)All attendances by the Comptroller in connection with t h e a ff i x i n g o f b a n d s o r a n y o t h e r s e a l i n g d e v i c e a n d t h e withdrawal of samples shall be free of any charge during the following hours: From the 1st October of any year to the 15th June of the next following year: Mondays to Fridays: From 7.45 a.m. to 12.30 p.m. From 1.15 p.m. to 5.15 p.m. From the 16th June of any year to the 30th September of the same year: Mondays to Fridays: From 7.30 a.m. to 1.30 p.m.

(2)The licensee shall provide satisfactory transport for the Comptroller ’s attendance at the licensee’s premises for the purposes referred to in regulation 12. Sale or disposal of bottles without band to be illegal. Amended by: L.N. 36 of 1977. 16.

(1)It shall not be lawful for any person licensed under regulation 3 to sell, give, or otherwise dispose of or attempt to sell, give, or otherwise dispose of any bottle of alcoholic beverages p r o d u c e d o r bo t t l e d b y h i m u n l e s s s u c h b o t t l e i s s e a l e d i n accordance with the provisions of regulation 12.

(2)It shall not be lawful for any person not licensed under regulation 3 to acquire or to be in possession of, or to sell, expose for sale, give or otherwise dispose of, any unopened bottle of alcoholic beverages which are produced, blended, or bottled in Malta unless such bottle had been sealed in accordance with regulation 12. Power of Comptroller to enter premises. 17. The Comptroller may, at any time, upon reasonable suspicion, enter any factory or other premises belonging to or under the control of any person in possession of a licence issued under ALCOHOLIC BEVERAGES [ S.L.41.02 5 regulation 3 to examine the register which is to be kept under regulation 6 and any stocks of alcohol or alcoholic beverages. 18. Where the Comptroller has reasonable cause to suspect that any alcohol is being transported in contravention of the provision of regulation 7 or that any alcoholic beverage is being transported in such a state as to be in contravention of regulation 12, he may stop the person or persons in charge of, and the vehicle or vehicles being used for, such transport, and he may detain such person or persons and such vehicle or vehicles until the alcohol or alcoholic beverages, as the case may be, is examined. Power of Comptroller to stop and detain persons and vehicles. 19. Any person or persons driving the vehicle or vehicles referred to in regulation 18 and who - Offences by other persons. (

1. a)hinders or obstructs the Comptroller in carrying out the examination referred to in the said regulation; or (
2. b)fails to comply with any order given to him by the Comptroller; or (
3. c)refuses to give information, or gives false information, to the Comptroller; or (
4. d)fails to stop the vehicle or vehicles as ordered by the Comptroller, shall be guilty of an offence against these Regulations. 20. Any person in possession of a licence issued under regulation 3 and who - Offences by licensees. (
5. a)fails to keep a register as required by regulation 6 hereof; or (
6. b)hinders or obstructs the Comptroller from examining such register; or (
7. c)destroys, obliterates, or cancels any part of such register; or (
8. d)enters any false particulars in such register; or (
9. e)irregularly cancels or obliterates any entry in such register; or (
10. f)refuses to give information, or gives false information, to the Comptroller concerning the purchase or the stock of any alcohol, shall be guilty of an offence against these Regulations. 21. Any person who forges a die, stamp, or mark used by the Comptroller or who forges a band or other sealing device to be affix ed to bo ttles of alcoholic beverages or w ho has in his possession any such forged die, stamp, mark, band or other sealing device, shall be guilty of an offence against these Regulations. Forgery of dies, etc. 22. No person having access to information relating to any individual business by virtue of the provisions of these Regulations shall publish or disclose any such information without the written consent of the licensee, unless such publication is given or such disclosure is made to another person requiring that information for the purposes of these Regulations or of a prosecution to be taken Disclosure of information. 6 [ S.L.41.02 ALCOHOLIC BEVERAGES thereunder. Penalties. Amended by: XIII.1983.5; L.N. 407 of 2007. 23. Any person who contravenes or fails to comply with any of the provisions of these regulations shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding one thousand and one hundred and sixty-four euros and sixty-nine cents (1,164.69) or to imprisonment for a term of not more than three months, or to both such fine and imprisonment, unless a specific penalty is provided by these Regulations in respect of the particular offence. Other licences. 24. The grant of a licence under regulation 3 shall not exempt from the necessity of obtaining any other licence required by or under any other law. SCHEDULE Amended by: L.N. 36 of 1977. Substituted by: L.N. 407 of 2007. (Regulation 2) Date From Type and Alcoholic Amount of whom quantity Strength Duty (Ltrs) L PRODUCTION FOR OFFICIAL USE ONLY No. of Date of For Type of Quantity of Capacity Alcoholic Wastages No. of Serial Signature Remarks Customs Entry payment of Official Beverages Bottles of Bottles Strength or Bands or Nos. C&E or Customs & Duty use Breakages sealing Official Excise Certificate Devices ACQUISITION OF ALCOHOL OR ITS DERIVATIVES STOCK REGISTER ALCOHOLIC BEVERAGES [ S.L.41.02 7