FRANCISTOWN TOWN COUNCIL (LOCAL BEER) BYE-LAWS

(under regulations 34 and 35)

(21st October, 1963)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Manufacture or possession of local beer

    4.    Permit to manufacture, etc.

    5.    Penalties

    6.    Permitted quantities

    7.    Fee

    8.    Form of permit

    9.    Permit not transferable

    10.    Appeal

    11.    Funds of the Council

        Schedule – Permit to Manufacture or be in Possession of Local Beer

Bye-Law 1, 1963,
G.N. 124, 1963.

1.    Citation

    These Bye-laws may be cited as the Francistown Town Council (Local Beer) Bye-laws*.

*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Interpretation

    In these Bye-laws “local beer” means beer brewed from sorghum-meal or a mixture of sorghum-meal and mealie-meal by the fermentation of malted sorghum, but excluding the liquors commonly known as “ila”, “kabidikamo” or “banyana”, or any beer brewed as described to which sugar, honey or syrup has been added or which is mixed with or fortified or adulterated by any other liquor or substance, or any other of the liquors commonly known as “khadi”.

3.    Manufacture or possession of local beer

    No person shall manufacture or be in possession of local beer within the limits of the Francistown Town Council area unless he is in possession of a valid permit authorising such manufacture or possession.

4.    Permit to manufacture, etc.

    Application for a permit of the type referred to in bye-law 3 shall be made to the Town Clerk of the Francistown Town Council who may—

    (a)    issue such a permit;

    (b)    refuse to issue such a permit;

    (c)    issue a permit for a lesser quantity of local beer than that applied for; or

    (d)    impose such conditions to a permit as he may deem fit.

5.    Penalties

    Any person who contravenes the provisions of bye-law 3 or who contravenes any condition imposed in a permit in terms of bye-law 4 shall be guilty of an offence and liable on conviction to a fine not exceeding P200 or in default of payment thereof to imprisonment for a term not exceeding six months.

6.    Permitted quantities

    The Town Clerk shall not issue any permit for a quantity of local beer in excess of 90,92 litres.

7.    Fee

    Before the issue of a permit a fee of two thebe in respect of each 4,546 litres of local beer authorised in such permit shall be paid to the Town Clerk.

8.    Form of permit

    A permit shall be in the form specified in the Schedule hereto and shall be valid only for the period specified therein, which period shall not, in the case of a permit to be in possession of local beer, exceed two days, and, in the case of a permit to manufacture local beer, exceed seven days.

9.    Permit not transferable

    A permit issued in terms of these Bye-laws shall not be transferable.

10.    Appeal

    Any person aggrieved by any decision of the Town Clerk relating to the issue of or conditions imposed in a permit may, on payment to the Town Clerk of a deposit of 20 thebe, appeal in writing to the Francistown Town Council within seven days of such decision and the decision of the Council on such appeal shall be final; in any successful appeal the said deposit shall be refunded to the appellant.

11.    Funds of the Council

    All moneys received by the Town Clerk in terms of these Bye-laws shall be paid into the funds of the Council.

SCHEDULE
PERMIT TO MANUFACTURE OR BE IN POSSESSION OF LOCAL BEER

FRANCISTOWN TOWN COUNCIL

(issued under the Francistown Town Council (Local Beer) Bye-laws)

Permission is hereby granted to …………………………………………………………………………

(Name)

of ……………………………………………………………………………………………………………….

(Address)

to manufacture and/or be in possession * of ………………………………………………. litres of

local beer within the limits of Francistown Council area for the period

from …………………………… a.m./p.m. on the ……………………. day of ……………… 20 …..

to ……………………………. a.m./p.m. on the ……………………… day of ………………. 20 …..

subject to the conditions set out hereunder.

Conditions

………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………..

…………………………………………………..
Date

………………………………………………..
Town Clerk

Fee …………………………………………. paid

 

>*Delete where inapplicable.>


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