| 9. | Application for licence
| (1) | A person intending to manufacture or otherwise produce any alcoholic drink in Kenya or to operate an establishment for the sale of an alcoholic drink shall make an application in a prescribed form to the District Committee in the district where the premises is to be situated and shall pay a prescribed fee. |
| (2) | The application under subsection (1) shall contain—
| (a) | a comprehensive proposal on the nature, orientation and other justification for the establishment of the alcoholic plant; |
| (b) | a disclosure as to whether the applicant has been previously convicted of an offence under this Act or any Act at any time in force relating to the manufacture, sale or consumption of an alcoholic drink, giving full particulars of the offence of which he was convicted, of the court by which he was convicted, of the date of the conviction; |
| (c) | such other matters as may be prescribed. |
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| (3) | The District Committee shall, within twenty-one days after the submission of application for a licence, prepare a notice setting forth the names of all applicants, the types of licences applied for, the premises in respect of which the licences are applied for and the time, date and place of the meeting, and shall forthwith cause a copy of the notice to be—
| (a) | published in the Kenya Gazette and at the office of the District Commissioner for a period of not less than twenty-one consecutive days; |
| (b) | posted in some conspicuous place at or near the applicant’s premises; |
| (c) | sent to the Commissioner of Police, or to such police officer as the Commissioner of Police may have notified the District Commissioner that he has appointed to receive it on his behalf; |
| (d) | sent to the medical officer of health of the district in which the premises in respect of which the licences are applied for are situated; and |
| (e) | sent to the local authority of the area in which the premises in respect of which the licences are applied for are situated. |
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| (4) | The Commissioner of Police or, as the case may be, of the police officer appointed by him for that purpose; the medical officer of health; and an officer from the local authority shall, before the hearing of any application under this section, report as fully as possible to the District Committee on all matters which may be relevant to the consideration of the application. |
| (5) | Any person may lodge objection to an application. |
| (6) | Every objection to an application shall be made in writing to the Secretary to the District Committee, and the objector shall serve notice of the grounds of the objection on the applicant, personally or by post, at least seven days before the hearing of the application and the onus of proof of such service shall be on the objector. |
| (7) | A District Committee may of its own motion take notice of any matter or thing which, in the opinion of the Committee, constitutes an objection to an application, whether or not any objection has been otherwise lodged. |
| (8) | Where in respect of an application a District Committee acts in pursuance of subsection (7), the Committee shall inform the applicant of the nature of the objection, and shall, if the applicant so requests, adjourn the hearing for such period, not being less than seven days, as the District Committee considers necessary to enable the applicant to reply thereto. |
| (9) | Every person making an application shall, save as otherwise provided, appear in person or by an advocate before the District Committee, and shall satisfy the District Committee that there is need for the grant of a licence of the type applied for in the particular locality in respect of which the application is made. |
| (10) | A District Committee may require the personal appearance before it of the applicant, or of the manager of the premises to which the application relates, or of both of them and of any other person whose attendance is considered by the committee to be necessary. |
| (11) | Any objector may appear personally or by an advocate at the hearing of the application. |
| (12) | A local authority may authorize, in writing, any person to appear before any District Committee having jurisdiction in any part of the area within the jurisdiction of the local authority for the purpose of representing the inhabitants of that part in respect of any objection lodged to an application. |
| (13) | Where a District Committee considers it necessary to take evidence respecting any question to be determined by the court, such evidence shall be given on oath, and the chairman shall be empowered to administer oaths. |
| (14) | For the purposes of Chapter XI of the Penal Code (Cap. 63) (which concerns offences relating to the administration of justice), all proceedings before a District Committee shall be deemed to be judicial proceedings. |
| (15) | Every District Committee shall maintain records of all its proceedings, and, in particular, of the purpose for which an application was made, and notes of the evidence given and of the arguments adduced and the decision of the court thereon:
Provided that no decision shall be quashed on appeal solely by reason of any omission or error in such record, unless it appears that a substantial miscarriage of justice has thereby been occasioned. |
| (16) | The District Committee shall, within twenty-one days of receipt of the application under subsection (1), record the application and assess the same on the basis of the objections received if any and the interests of the district, and shall ensure that—
| (a) | the available premises are suitable with regard to the nature of the licence being sought; |
| (b) | the premises conform to the prescribed requirements of the occupational health and safety regulations; |
| (c) | the applicant possesses the infrastructure and equipment necessary to carry out the business applied for; and |
| (d) | the premises has sufficient number of competent staff in line with such norms as may be prescribed. |
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| (17) | A licence under this section shall be applied for and issued electronically. |
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