Liquor (licensing) Law

1. Citation. This Law may be cited as the Liquor (Licensing) Law.

2. Interpretation. In this Law - "Appropriate Authority" means the member of the Government of the State for the time being charged with responsibility for the exercise of the functions of the appropriate authority under this Law; "Beer" includes every description of beer, porter, cider and perry and any fermented malt liquor; "Country Liquor" means fermented liquor usually made by Africans in or about Nigeria, but does not include spirits; "Denatured Spirits" means intoxicating liquor which by the addition of some substance has been rendered impossible for use as a beverage; "Intoxicating Liquor" and "liquor" mean any liquid which, if used as a beverage, may have an intoxicating effect and wines, beer and spirits, but do not include country liquor; "Licensed Premises" and "premises" in relation to sections 37, 38, 41 and 45, include any room or place adjacent to and communicating with any portion of any premises licensed for the sale of liquor; "Permanent Secretary" means the Permanent Secretary having supervision of matters and departments with responsibility for which the appropriate authority is charged; "Prescribed" means prescribed by this Law or by any regulation or by-law made thereunder; "Responsible Federal Authority" means the Federal authority charged with responsibility for matters relating to railways; "Retail" means the sale of liquor in quantities not exceeding two gallons to anyone person during the space of twenty-four hours; "Sale" includes the distribution of liquor the property of members of a club amongst such members; "Spirits" means distilled liquors and all mixtures and compounds made with such liquors, and includes any wine or beer containing more than twenty per centum of pure alcohol; "Trade Spirits" means spirits of which the importation into Nigeria is absolutely prohibited under the Customs and Excise Management Act, 1958, or any enactment replacing the same, and the regulations made thereunder; "Wholesale" means the sale of liquor in quantities of not less than two gallons to be delivered at one time to one person.

3. Licensing districts. (1) Subject to the provisions of this section, the appropriate authority, may, by order, divide the State into licensing districts for the purposes ofthis Law, and may from time to time, by like order, alter such districts. (2) A licensing district established under this section shall consist of the area of authority of a local government council.

4. Licensing tribunal. (1) For each licensing district there shall be a licensing tribunal which shall consist of three persons appointed by the appropriate authority after consultation with the appropriate council. (2) The appropriate authority shall appoint one ofthe members of a licensing tribunal to be chairman ofthe tribunal. (3) Every person appointed under this section - (a) shall, subject to this Law, hold office for a period of three years from the date of his appointment; (b) shall be eligible for re-appointment (4) The appropriate authority may at any time terminate the appointment of a member of a licensing tribunal. (5) The licensing tribunal shall sit in such place or places as may be prescribed or, if no place is prescribed, in such place or places as they may think fit. (6) The Secretary of the appropriate council shall be clerk of the licehsing tribunal. (7) In this Section "the appropriate council" means the local government council in respect of whose area of authority the licensing district is established.

5. Power of tribunal to grant licences. Subject to the provisions of this Law, a licensing tribunal may in tljeir discretion, as respects'premises in their licensihg district - (a) grant licences of the description specified in section 6 to such persons as they deem fit and proper; (b) renew any licence which the tribunal has power to grant; (c) exercise such powers of transfer or removal of licences granted by the tribunal as are conferred on the tribunal by this Law.

6. Description of liquor licences. The following descriptions of licences for the sale of intoxicating liquor may be granted by a licensing tribunal - (a) a tavern licence; (b) a wine and beer on licence; (c) a wine and beer off licence; (d) a hotel liquor licence; (e) a club licence; (f) a general wholesale liquor licence; (g) a general retail liquor licence.

7. Authority conferred by licences. (1) Subject to the provisions of this Law - (a) a tavern licence shall authorise the licensee therein named to sell liquor by refail, during the permitted hours, to be consumed on the premises therein specified; (b) a wine and beer on licence shall authorise the licensee therein named to sell by retail wine and beer, during the permitted hours, to be consumed on the prfemisés therein specified; (c) a Wine and beer off licence shall authorise the licensed therein named to sell on the premises therein specified, during the permitted hours, wine and beer, in quantities not exceeding twelve bottles during the space of twenty-four hours to any one person, for consumption offthe said premises; (d) a hotel liquor licence shall authorise the licensee therein named to sell liquor by retail on the premises therein specified - (i) to persons sleeping on the premises; (ii) during the permitted hours, to persons not sleeping on the premises, to be consumed on the premises; (e) a club liquor licence shall authorise the sale by retail of liquor to members of the club to be consumed on the premises ofthe club; (f) a general wholesale licence shall authorise the person therein named to sell liquor by wholesale on the premises therein specified during the permitted hours for consumption off those premises; (g) a general retail liquor licence shall authorise the person therein named to sell liquor by retail on the premises therein specified, during the permitted hours, for consumption off those premises. (2) A wine and beer on licence and a wine and beer off licence shall not authorise the sale of wine or beer containing more than twenty per centum of pure alcohol. (3) No licence specified in this section shall authorise the sale oftrade spirits.

8. Permitted hours and occasions on which sale prohibited - powers of appropriate authority. (1) The hours during which liquor may be sold unider - (a) a tavern licence; (b) a wine and beer on licence; (c) a wine and beer off licence; (d) a hotel liquor licence; (e) a general wholesale liquor licence; and (f) a general retail liquor licence, shall be between 6 a.m. and 12 p.m. on any day: Provided that liquor may be sold under a hotel liquor licence to persons sleeping on the premises to be consumed thereon, on any day and at any hour. (2) Liquor may be sold under a club liquor licence to members of the club on any day and at any hour. (3) The Chairman or any member of the licensing tribunal may, upon application being made to him by a licence holder, by authority in writing, extend the hours during which liquor may be sold on any special occasion by all or any licence holders in the licensing district. (4) Notwithstanding the preceding provisions of this section - (a) whenever the appropriate authority is satisfied that for the purpose of maintaining law and order in any licensing district or in any part of the district it is necessary to prohibit the sale of liquor therein, he may, by order, prohibit such sale for a period, not exceeding seventy-two hours at a time, to be specified in the order; (b) no liquor may be sold during the hours appointed for the holding of a poll, on any day upon which any election of members of the National Assembly, or of the House of Assembly ofthe State, is being held: Provided that in the case of a by-election, this paragraph shill apply only to licensed premises situate within the electoral district in Respect of which such by-election is being held and only, in such a case when a poll is taken.

9. Club licence. (1) No club liquor licence shall be granted or renewed by a licensing tribunal unless the applicant produces a certificate issued by the appropriate authority that the club complies with the conditions required by this section and is a proper club to be granted a licence. (2) The conditions which shall be complied with by a club for the purposes of this section shall be - (a) the club shall be a bona fide body, association or company associated together for social, literary, political, sporting, athletic of any other lawful purpose; (b) the club shall be established for the purpose of providing accommodation or entertainment for the members thereof and their guests upon premises of which the club are bona fide occupiers; (c) Only members or their guests shall be allowed entry or accommodation. (3) A certificate issued by the appropriate authority under subsection (1) of this section shall be conclusive evidence that the club to which it relates complies with the provisions of subsection (2) of this section and is a proper club to be licensed. (4) (a) Where it appears to the appropriate authority that a club has ceased to comply with thp conditions required by subsection (2) of this section or has ceased to be a properclub to be licensed, he may, after giving notice to the holder of the licence in respect of the club and giving such holder an opportunity to make representation; with regard to the proposed revocation, revoke a certificate issued in respect of the club. (b) Upon the revocation of a certificate issued by the appropriate authority any licence granted to the club in question in force at the date of the revocation shall be forfeited, but the appropriate authority may grant temporary authority to the holder of the licence, subject to such conditions as he may specify, to sell, otherwise than by retail, any intoxicating liquor being the residue of the stock held by the club at the date of the revocation of the certificate. (5) A club Iiquor licence shall be issued to the proprietor, secretary, or manager of the club, and the person for the time being holding such of those offices to which it is issued shall be entitled to the rights and privileges granted by the licence and shall be subject to the duties and obligations imposed upon the holder thereof, and upon any change in the holder of the office of proprietor, secretary or manager, as the case may be, no transfer of the licence shall be necessary.

10. Temporary liquor licences. (1) Subject to the provisions of this section, the Chairman of the licensing tribunal may grant a temporary liquor licence to the holder of a licence to sell liquor by retail. (2) A temporary liquor licence - (a) shall not be granted for the sale of liquor at any place other than a place of recreation, amusement or assembly; (b) shall not be granted for a period exceeding three days; (c) shall specify the number of days during which, and the hours between which the sale of liquor is authorised by the licence; (d) does not authorise the sale oftrade spirits. (3) The clerk of the licensing tribunal shall notify the senior police officer having charge of the Nigeria Police Force for the licensing district of the issue of every temporary liquor licence and of the particulars thereof.

11. Railway restaurant car liquor licence. (1) The responsible Federal authority may grant railway restaurant car liquor licences. (2) A railway restaurant car liquor licence shall authorise the person therein named to sell liquor (other than trade spirits) by retail in a restaurant car to passengers travelling on a train to be consumed on the train. (3) Liquor may be sold under a licence granted under this section on any day and at any time.

12. Conditions may be imposed. A licence issued under the provisions of this Part shall be subject to such conditions and provisions, not inconsistent with the provisions of this Law, which the authority granting the same may impose.

13. Conditions against discrimination to be implied. Every licence issued under this Part, other than a club liquor licence, shall be subject to the condition that the holder of the licence shall not refuse to sell, liquor to any person who may otherwise lawfully be supplied, on account of the race, colour or creed of such person.

14. Duration of licences. A licence granted under the provisions of this Part other than a temporary liquor licence, shall, unless it is previously forfeited under the provisions of this Law, be in force until the 31st day of December in the year in which it was granted and shall then expire: Provided that when proper application for the renewal of a licence has been made that licence shall continue in force until such time as the decision of the licensing tribunal is notified.

15. Form of licence. (1) Licences (other than a railway restaurant car licence) shall be in such form as may be prescribed by the appropriate authority. (2) A renewal of a licence may be made by an indorsement on the licence. (3) (a) The form of a railway restaurant car liquor licence shall be such as may be specified by the responsible Federal authority. (b) Where power is conferred on the responsible Federal authority by any enactment in force in any other State to grant a railway restaurant car liquor licence giving the same Authority to sell liquor in that State as is given by section 11 (2) of this Law, the responsible Federal authority may specify a form appropriate for a licence under this Law and that enactment, and a licence granted in such form shall be sufficient for the purpose of this Law.

16. Quarterly and special sittings. (1) There shall be quarterly sittings of a licensing tribunal in each quarter in every year. (2) Special sittings, in addition to the quarterly sittings, may be held by a licensing tribunal for all purposes authorised by this Law.

17. Applications. (1) Applicatipn for new licences or for the renewal of licences which may be granted by a licensing tribunal shall be made in the prescribed form and shall be delivered to the clerk of the licensing tribunal in such manner as may be prescribed together with the prescribed fee for making the application. (2) An application shall be delivered not later than fourteen day before the commencement of the quarter in which it is to be considered by the licensing tribunal. (3) An application delivered later than the date provided in subsection (2) of this section may, if the licensing tribunal thinks fit, be considered by them upon being satisfied that the late delivery was caused through inadvertence and upon payment of such fee as may be prescribed.

18. Procedure on receipt of applications. (1) The clerk of the licensing tribunal shall - (a) publish a copy of each application received; (b) not less than ten days before a sitting of the licensing tribunal - (i) publish a notice of the day and hour of the commencement of the sitting and the applications to be considered thereat; (ii) send a copy of the notice to the applicant. (2) Publication for the purposes of this section shall be by affixing a copy at some conspicuous place outside the council office or place of sitting ofthe licensing tribunal.

19. Objections. (1) Any person residing in the licensing district may object, in accordance with the provisions of this section, to the granting or renewal of a licence by the licensing tribunal. (2) An objection may be made by delivering notice in writing, stating the grant or renewal to which the objector is opposed and the reasons, not less than two days before the date appointed for the commencement of the sitting of the licensing tribunal.

20. Procedure at hearing. (1) A licensing tribunal shall determine all applications and objections made to them on such evidence as appears to them to be sufficient. (2) (a) The licensing tribunal may of their own motion take notice of any matter or thing which in the opinion of the members thereof would be an objection to the grant or renewal of a licence. (b) When the licensing tribunal act of their own motion under the powers conferred by paragraph (a) of this subsection the applicant shall be given an opportunity of answering the objection either in person or in writing, as the tribunal may direct. (3) The licensing tribunal, if not unanimous, shall decide by vote. (4) All persons appearing at an inquiry, whether for an applicant or an objector, may be required to give evidence on oath which the Chairman of the licensing tribunal is authorised to administer. (5) The licensing tribunal may adjourn its sittings from time to time. (6) The decision of the licensing tribunal shall be given by the Chairman who shall sign all documents given or issued by the tribunal. (7) A person may appear and be represented before a licensing tribunal by a legal practitioner.

21. Grounds on which licence may be refused. A grant of a new licence that may be granted by a licensing tribunal or the renewal of any such licence shall only be refused on the following grounds - (a) that the applicant is a person of drunken or dissolute habits or otherwise of bad repute; (b) that his licence has within the twelve months preceding the date of application been cancelled; (c) that the applicant has been convicted of an offence under this Law within a like period; (d) that the premises are insanitary; (e) that the reasonable requirentents of the neighbourhood do not justify the granting of the licence; (f) that the premises are in the immediate vicinity of a place of public worship, hospital or public school; or (g) that the good order of the neighbourhood in which the premises are situated will be disturbed if a licence is granted.

22. Issue of licences. (1) If the licensing tribunal decide to grant an application they shall authorise the clerk to issue a licence to the applicant. (2) No licence or, renewed licence shall be issued by the clerk unless the prescribed fee has been paid.

23. Issue of temporary licence when renewal refused. (1) When renewal of a licence has been refused by the licensing tribunal or when a licence is revoked in accordance with a direction of the appropriate authority under section 31 (3), the, tribunal may in their discretion authorise the issue of a, temporary licence to the applicant for such period as the tribunal may think proper to enable the applicant to dispose of liquor then in his possession. (2) A proportionate part of the prescribed fee for the annual licence shall be paid for every such licence.

24. Death or insolvency of applicant. In case the applicant shall die, or shall become insolvent after applying for the grant or renewal of a licence and before the licence or renewed licence has been issued, the licensing tribunal may authorise the issue of the licence or renewed licence to the executor, administrator, receiver or trustee, as the case may be, or the estate of such applicant.

25. Transfer of licences. A licensing tribunal may, on application in writing by the intended transferor and transferee and upon payment of the prescribed fee, transfer at any time the licence of any licensee (other than a railway restaurant car licence, a club liquor licence or a temporary liquor licence) to that transferee, if approved by them, by an indorsement on the licence in the form prescribed.

26. Removal (1) No removal of a licence granted by a licensing tribunal under Part III from one licensing district to another shall be lawful. (2) The holder of a licence granted by a licensing tribunal who desires to remove his licensed premises to any other premises in the same licensing district may give notice in the form prescribed of his intended application in the same manner as notice is required to be given of an application for a new licence. (3) The provisions of section 18 shall apply in relation to an applicant under this section as they apply to an application for a new licence. (4) The same objections may, so far as applicable, be made to the removal of a licence as to the grant of a licence. (5) If on hearing the application and the objection, if any, the licensing tribunal considers that the licence should be transferred, they may, on payment of the prescribed fee authorise the removal of the licence and indorse the licence accordingly.

27. Fresh application to be made on the expiration of a licence transferred. Any person to whom a licence may be transferred and any person who may be authorised to remove his licence to other premises shall on the expiration of the licence apply for a new licence as if he were not a licence holder.

28. Temporary authority to continue business. (1) The chairman of the licensing tribunal may, if he thinks fit, as respects any licensed premises in his licensing district, on an application made by any person to whom it is proposed to transfer a licence granted by the tribunal in respect of the premises, grant him authority in writing to sell any intoxicating liquor on the premises which may be sold under that licence. (2) An authority under this section shall remain in force until the next sitting of the licensing tribunal at which application may be made for a transfer of the licence.

29. Duties and liabilities of a transferee. Any person to whom a licence may have been transferred by a licensing tribunal or who may be carrying on a business in pursuance of the last preceding section shall possess all the rights and be subject and liable to the duties, obligations and penalties of the original holder of the licence.

30. Provisions relating to railway restaurant car liquor licences. (1) Application for a railway restaurant car liquor licence Shall be made to the responsible Federal authority before the 1st day of December in any year. (2) The responsible Federal authority may authorise the transfer or removal of a railway restaurant car liquor licence as he may think fit. (3) The provisions of sections 24, 25, 27, 28 and 29 shall apply in relation to railway restaurant car liquor licences as they apply in relation to licences granted by a licensing tribunal, but as if references to the licensing tribunal were references to the responsible Federal authority. (4) The prescribed fee shall be paid upon the grant, renewal or transfer of a railway restaurant car liquor licence.

31. Appeals to Iie to appropriate authority. (1) Any applicant who thinks himself aggrieved by the refusal of a licensing tribunal to renew or to grant a licence which may be granted by them and any objector who thinks himself aggrieved by any decision of a licensing tribunal to grant or renew a licence to which he objected may appeal to the appropriate authority. (2) Notice in writing shall be given by the appellant of his intention to appeal and the grounds thereof to the Permanent Secretary within twenty-one days of the decision of the licensing tribunal. (3) The appropriate authority may uphold the decision of the licensing tribunal - (a) in the case of an appeal against refusal to grant or renew a licence may direct that a licence be granted by the tribunal subject to Such conditions, if any, as he may specify that are not inconsistent with this Law; (b) in the case of an appeal by an objector, direct the tribunal to revoke the licence objected to. (4) No appeal shall lie from the decision of the appropriate authority. (5) Where a licensing tribunal fails to comply with a direction of the appropriate authority, given in exercise of the powers conferred on him by subsection (3) of this section, within one month of notification thereof, the appropriate authority may himself exercise, on behalf of the tribunal, any powers of the tribunal that are necessary to give effect to such directions.

32. Continuance of licence pending appeal. Where the licensing tribunal refuses the renewal of a licence and an appeal against the refusal is duly made and the licence expires before the appeal is determined, the appropriate authority, may authorise the person, the refusal of whose licence is appealed against, to carry on his business in the same manner as if the licence had not been refused, during the pendency of the appeal.

33. Appropriate authority may grant manufacturing licences. No person shall manufacture beer or wine except under a licence granted by the appropriate authority and subject to the prescribed conditions.

34. Selling liquor without a licence. (1) A person shall not sell intoxicating liquor unless he holds a licence issued under this Law authorising the sale nor at any place except that at which the licence authorises the sale. (2) If any person acts in contravention of this section he shall be guilty of an offence and shall be liable on conviction - (a) in the case of the first offence, to a fine of one thousand naira; (b) in the case of any subsequent offence, to a fine oftwo thousand naira.

35. Manufacturing beer, etc., without a licence. Any person who manufactures beer or wine in contravention of section 33 shall be guilty of an offence and shall be liable on conviction - (a) in the case of the first offence to a fine often thousand naira; (b) in the case of a subsequent offence to a fine of twenty thousand naira or to imprisonment for two years or to both.

36. Breach of condition by a licence holder. The holder of a licence who commits any breach of a condition of his licence for which no other penalty is provided shall be guilty of an offence and liable on conviction to a fine of one thousand naira.

37. Offences by retail licence holder. The holder of a retail licence who - (a) permits drunkenness or any riotous or quarrelsome conduct to take place upon his premises; (b) sells liquor to any person already in a state of intoxication or by any means encourages or incites any such persoti to drink intoxicating liquor; (c) sells liquor to a child under sixteen years of age for consumption on the licensed premises; (d) sells or supplies liquor to any soldier or police officer on duty or knowingly harbours or suffers to remain on his premises any such soldier or police officer unless for the purpose of keeping or restoring order or in execution of his duty; (e) permits the premises to be used as a brothel or the habitual resort or place or meeting of prostitutes, or allows any such person to remain on the licenced premises longer than is necessary for the consumption of any liquor purchased by her; (f) fails to admit or obstructs, any police officer or other authorised person wishing to enter the licenced premises in the execution of his duty or fails to produce his licence when requested to do so by a police officer or other authorised person; (g) keeps his premises open for the sale ofliquor during any tirrje when he is not authorised by his licence to sell liquor of allows any liquor to be consumed on such premises during any such time; or (h) being the holder of a tavern licence, a wine and beer licence or a general retail liquor licence, permits gaming or any unlawful game to be played on the licensed premises, shall be guilty of offence and liable on conviction to a fine of one thousand naira.

38. Goods not to be sold on certain licensed premises. Any person who sells on premises licensed under a tavern licence or a wine and beer on licence any article whatever, other than intoxicating liquor, non-intoxicating beverages, food intended for consumption on the premises, tobacco, cigars and cigarettes; shall be guilty of an offence and liable on conviction to a fine offive hundred naira.

39. Offences by persons other than licence holders. Any person who - (a) not being the occupier or a servant or member of the family of the occupier, consumes any intoxicating liquor on premises licensed for the sale of liquor by retail during the hours when the said of liquor is prohibited; (b) obtains or attempts to obtain intoxicating liquor during thp hours,when the sale of liquor is prohibited by falsely representing himsplf to.bd a person sleeping on hotel premises; or (c) being found on licensed premises during the hours during which the sale of liquor is prohibited, refuses to give his name and address when requested so to do by a police officer, or gives a false name or address, shall be guilty of an offence and liable on conviction to a fine of two hundred naira for a first offence and of four hundred naira for any subsequent offence.

40. Signboards. (1) Every holder of a licence (other than a club licence) granted by a licensing tribunal authorising the sale of liquor by retail, shall suspend or affix, and maintain over the entrance to the licensed premises a board of not less dimensions than two feet by eight inches, on which shall be printed in legible characters the name of the licensee and the class of the licence of which he is the holder. PENALTY: A FINE OF ONE THOUSAND NAIRA. (2) No person who is not licensed shall have any words on his premises purporting that he is licensed and no licensed person shall have any word or letter on his premises purporting that he is licensed in any other way than that in which he is duly licensed. PENALTY: A FINE OF TWO THOUSAND NAIRA.

41. Power to expel drunkards; etc., from licenced premises. (1) Any licensed person or his agent or servant may refuse to admit to or may turn out of his licensed premises, by force if necessary, any person who is drunken, violent, quarrelsome or disorderly, and any person whose presence on his premises would subject him to a penalty under this Law. disorderly, and any person whose presence on his premises would subject him to a penalty under this Law. (2) Any such person who, on being requested by such licensed person or his agent or servant or by a police officer to quit such premises refuses or fails to do so, shall be liable to a fine of five hundred naira. (3) All police officers are required, on demand of such licensed person, agent or servant to expel or assist in expelling such person from such premises and may use such force as may be required for the purpose.

42. Conviction to be indorsed on licence. (1) (a) Every conviction under this Law of a licence holder to shall be indorsed on his licence by the convicting court, and the licence holder shall produce his licence to the court for such purpose. . (b) Every applicant for the renewal of a license shall, if required by the officer to whom application is made, or by the licensing tribunal, produce the licence for inspection. (c) In the case of a renewal of the licenses, all convictions within five years preceding such renewal indorsed on the licence renewed shall be transferred to the renewed licence, and it shall be the duty of the licence holder to produce his licence for such purpose to the officer issuing the renewed licence. (2) Any person who - (a) shall neglect to produce his licence as required by the preceding subsection; or (b) without proper authority obliterates or alters any such indorsement as aforesaid. shall be guilty of an offence and liable on conviction to a fine of five hundred naira.

43. Imprisonment may be imposed on second or subsequent conviction. If a person convicted of an offence under this Law, other than an offence under section 39, has been previously convicted of a similar offence, the court may in lieu of or in addition to any fine sentence the convicted person to imprisonment for two years.

44. Forfeiture of liquor. A court may order the forfeiture of intoxicating liquor manufactured, sold, or otherwise dealt with in contravention of this Law.

45. Powers of Magistrate and police officers. Any Magistrate or person authorised in writing by a magistrate and every police officer may - (a) enter on any licensed premises at any time for the purpose of detecting or preventing any breach of the provisions of this Law, or of any licence granted under this Law; (b) at any time demand the production of any licence or permit granted under this Law; (c) having reasonable grounds for suspecting that intoxicating liquor is being unlawfully sold or otherwise dealt with, enter and inspect any premises; (d) seize and detain any intoxicating liquor which he has reason to believe has been manufactured or sold contrary to the provisions of this Law, or is on unlicensed premises for the purpose of sale, and any receptacle containing the same.

46. Incriminated informer not to incur penalty. If any person shall give information which shall lead to the conviction of any other person for an offence against Law he shall not incur any penalty notwithstanding that he may himself be incriminated in such offence: Provided that the offender is convicted of an offence of not less gravity than that in respect of which the informer is incriminated.

47. Licence liable to forfeiture on conviction. Whenever a licence holder shall be convicted of an offence under this Law, his licence shall be liable to forfeiture by the authority by which it was granted.

48. Functions conferred on federal officers. The provisions of this Law, other than this section, conferring any power or imposing any duty upon the responsible Federal authority or police officers, shall not have effect until the President shall, by notice in the Gazette of the Federation, have given his consent to the conferment or imposition of that power or duty.

49. Power to make regulations. Subject to the provisions of his Law, the appropriate authority may make regulations for all or any of the following purposes - (a) prescribing the fees to be paid in respect of club liquor licences, railway restaurant car liquor licences and licences to manufacture wine or beer; (b) prescribing the conditions of a licence to manufacture wine or beer; (c) prescribing the procedure before a licensing tribunal; (d) prescribing the powers of police officers in connection with that inspection of premises licensed for the sale of liquor; (e) prescribing the returns to be made by licensing tribunals; (f) prescribing the forms of licences that may be issued by a licensing tribunal or the chairman thereof; (g) regulating and prescribing the cleanliness, drainage sanitary conveniences of any premises licensed under this Law for the sale of liquor by retail; (h) requiring the keeping of such books and records and the making of such returns, relating to the sale of liquor, by holders of all or any specified type of licence granted under this Law as maybe prescribed; (i) generally for the purpose of giving effect to the objects and purposes of this Law,

50. Power to make by-law. (1) A local government council in respect of whose area a licensing district is established may make by-laws (a) prescribing the fees to be paid in respect of licences (other than club liquor licences) and transfers or removals, which may be granted by the licensing tribunal in respect of premises in the council’s area of authority, and the times and manner or payment of such fees; (b) prohibiting, restricting, regulating or licensing the manufacture, supply, possession or consumption of country liquor. (2) The approving authority for by-laws made under this section shall be the appropriate authority.

51. Exemptions. Nothing in Parts 1 to 7 inclusive of this Law shall apply to - (a) the manufacture or sale of country liquor; (b) the sale of denatured spirits imported into Nigeria or distilled in Nigeria under a licence; (c) the sale by any qualified medical practitioner or licensed druggist for purely medical purposes of any bona fide medicine containing intoxicating liquor; (d) the sale of intoxicating liquor by an executor or administrator when such liquor forms part of the estate of the deceased person; (e) the sale by private arrangement of intoxicating liquor being the residue of a reasonable stock held for private consumption by a person about to leave Nigeria; (f) the sale of liquor the property of the members of an officers’ or non- commissioned officers’ mess in the military forces to the members of such mess; (g) the sale of liquor to members of the crews of the ships of the Nigerian Navy under conditions approved by the Head of the Nigerian Navy ; (h) the sale of intoxicating liquor to members of the military forces by any bona fide organisation engaged in supplying food or drink solely to members of such forces and approved by the appropriate authority; (i) the sale of spirits intended solely for the purpose of testing palm oil to any person in possession of a permit issued by the appropriate authority to sell such spirits for such purpose; (j) the sale by wholesale by the holder of a licence to manufacture beer or wine issued under any Federal Law relating to duties of excise, of beer or wine manufactured by him to the holder of a licence to sell beer or wine.