Liquor Licensing (Central)
Liquor licensing in Fiji’s Central Division, like the rest of the country, is governed primarily by the Liquor Act 2006 and its subsequent amendments, notably the Liquor (Amendment) Act 2023. The process is designed to regulate the sale, supply, and consumption of alcohol, aiming to balance economic activity with public safety and social welfare.
Here’s a summary of the key aspects of liquor licensing in the Central Division:
1. Governing Authority:
- Central Divisional Liquor Licensing Authority: For businesses located in the Central Division (which includes areas like Suva, Nasinu, Nausori, Navua, and other parts of Viti Levu within this division), the application and oversight of liquor licenses fall under the jurisdiction of the Central Divisional Liquor Licensing Authority. This Authority comprises a Chairperson (nominated by the Chief Registrar), the Divisional Commissioner or their nominee, the Solicitor-General or their nominee, and two other residents of the Division.
- Liquor Tribunal: The Liquor Tribunal acts as an appeal body for decisions made by the Divisional Liquor Licensing Authorities.
2. Types of Liquor Licenses:
The Liquor Act 2006 outlines various types of licenses, each with specific permitted hours and conditions:
- On-Premises Use Licenses:
- Hotel: Generally allows for liquor sales to guests and their bona fide guests. Bars within hotels can operate for extended hours (e.g., 24 hours). Room service generally has no restriction for guests.
- Tavern: Permitted hours typically from 11 am to 1 am daily.
- Restaurant: Permitted hours generally from 11 am to 12 midnight daily.
- Nightclub: Permitted hours from 5 pm until 1 am daily (amended from previously longer hours).
- Private Hotel: Allows sales from 9 am to 1 am daily to guests and their bona fide guests.
- Bar: Open for 24 hours (if within a hotel).
- Off-Premises Use Licenses: For outlets where liquor is sold for consumption elsewhere (e.g., supermarkets, bottle shops). Permitted hours are typically 8 am to 12 midnight daily.
- Club Use License: For registered clubs.
- Special Use License: For specific temporary events or gatherings. These have shorter validity periods and specific conditions.
3. Application Process (Central Division Specifics):
- Submission: Applicants must submit a formal application form (Form 1 under the Liquor Regulations 2008) along with a prescribed fee (e.g., FJD $1,000 application fee) and a copy of the approved/certified block plan of the premises. This plan must clearly show the boundaries where liquor will be sold, bar areas, and any restricted or supervised zones.
- Central Divisional Liquor Licensing Authority Contact: The application is submitted to the Secretary of the Central Divisional Liquor Licensing Authority (P.O. Box 45, Nausori; Phone: 3477165; Fax: 3478633; Contact person: Mr. Ravindra Narayan).
- Advertisement: Within 7 days of filing the application, the applicant must advertise their intention to apply for a license in English, Fijian, and Hindustani newspapers (once in each language). Proof of advertisement must be submitted to the Secretary.
- Inter-Agency Consultation: The Secretary forwards copies of the application and premises plan to various authorities for review and feedback, including:
- Commissioner of the Central Division
- Divisional Police Commander (for security and public order considerations)
- Health Authority/Town Council (for health, sanitation, and zoning compliance)
- National Fire Authority (for fire safety compliance)
- Ministry of Employment (for Occupational Health & Safety – OHS)
- Approval/Rejection: Based on the reviews and compliance with statutory provisions relating to health, safety, and security of the neighborhood, the Licensing Authority will either grant provisional approval, outright approval, or reject the application.
- Payment: If approved, the applicant pays the full license fee to commence operations.
4. Key Regulatory Considerations:
- Term of License: The Liquor (Amendment) Act 2022 extended the maximum term of a liquor license (excluding special or temporary licenses) from 3 years to 5 years, aiming to improve the ease of doing business and administration.
- Permitted Hours: The Liquor (Amendment) Bill 2023 further refined permitted hours for various types of licenses and notably removed “special zones” (which previously allowed extended hours in Suva and Nadi) due to concerns about public safety and late-night incidents.
- Applicant Qualifications: The Act specifies disqualifications for holding a license (e.g., being under 21, being in prison, being an undischarged bankrupt).
- Compliance: License holders must adhere to conditions imposed by the Authority, including display of the license, adherence to permitted hours, and maintenance of premises standards.
- Renewals and Variations: Procedures exist for renewing licenses, varying conditions, transferring licenses, or relocating premises, all subject to review and approval by the Authority.
- Enforcement: Police and other relevant authorities enforce the provisions of the Liquor Act, including permitted trading hours and conditions of licenses.
In essence, obtaining and maintaining a liquor license in Fiji’s Central Division involves a detailed application process, multi-agency review, and adherence to regulations primarily governed by the Liquor Act 2006, with recent amendments emphasizing simplified administration and public safety.