ADVOKS GLOBAL · KENYA
Alcoholic Drinks Control Act
13. Persons not eligible for a licence
Edition: 2023-07-01 · In force
13. Persons not eligible for a licence
(1)The District Committee shall not grant a new licence or transfer a licence to any person who—(a)has failed to satisfy the District Committee, if called upon to do so, of his good character and standing in relation to the expectations in this Act; or(b)has been convicted of selling an alcoholic drink without a licence or offering or exposing it for sale, or of any offence against any law for the time being in force relating to the distillation, manufacture, sale or use of industrial alcohol; or(c)has been convicted of an offence and sentenced to imprisonment without the option of a fine in Kenya or elsewhere for a period in excess of six months; or(d)in the case of a retail licence, is not resident in Kenya; or(e)is under eighteen years of age; or(f)is an undischarged bankrupt.(2)The District Committee may refuse to renew an existing licence only when the District Committee is satisfied that—(a)the licensee is not a fit and proper person to hold the licence; or(b)the licensee has been convicted of an offence under this Act or any Act at any time in force regulating the sale of an alcoholic drink; or(c)has been convicted of an offence and sentenced to imprisonment without the option of a fine in Kenya or elsewhere for a period in excess of six months; or(d)the business to which the licence relates is conducted in a manner that is in breach of this Act, or any other rules and regulations for the time being in effect, or conditions set by the District Committee; or(e)the conditions of the licence have not been satisfactorily fulfilled; or(f)the premises to which the licence relates are not in a proper state of repair, or are not provided with proper sanitary arrangements, or do not comply with the reasonable requirements of the medical officer of health, and the owner of the premises or the licensee refuses or is unable to give satisfactory guarantees that the necessary repairs will be carried out, or due compliance effected, as the case may be, within a time specified by the District Committee.