Roles of Enforcement Presentation -R.ppt

Enforcement in County Government

1. THE ROLE OF ENFORCEMENT
UNIT IN LIQUOR LICENSING
PROCESS
CHARLES MUTINDA
13
th
Oct 2023

2. INTRODUCTION
•Enforcement –the process of
making people obey a law
(Cambridge dictionary)
•Objective-To ensure
compliance
•The enforcement is as guided
by the Nairobi City County
Alcoholic Drinks Control and
Licensing Act, 2014

3. SOPS OF ENFORCEMENT AND COMPLIANCE
•Sub-county committee and law enforcement agencies and authorized officers shall enforce the Act and
all regulations made under the Act to ensure effective compliance.
•The following aspects of the law shall be enforced among others:
1.Retailers
(a)License hours and other conditions stipulated by sub-county committee in the respective licenses.
(b)Requirements for maintaining premises in good sanitary conditions, good repair, conformity to
occupational health and safety regulations as stipulated under Section 8 (15), Section 11 (1) (b), Section 11
(2) (f) and Section 34 of the Act.
(c)Requirements for supermarkets and related retail chain stores to ensure that area where sale of alcoholic
drinks takes place is not accessible to persons below age of 18 years as stipulated under Section 11 (2)
of the Act.
(d)Requirement for licensees to display on the premises the license as stipulated under Section 29 (1) of
the Act.
(e)Prohibition on employment of persons below the age of 18 years by licensees as stipulated under Section
30 of the Act.

4. ENFORCEMENT AND COMPLIANCE Cont’d
(f) Prohibition of permitting persons to manage, superintend or conduct day-to-day business of
the premises on behalf of licensee without the written consent of the sub-county committee
as stipulated under Section 30 (2) of the Act.
(g) Prohibition on access by persons under age of 18 years to the area where alcoholic drink
is manufactured stored or consumed as stipulated under Section 33 of the Act.
(h) Prohibition of sale, supply or provision of alcoholic drinks to persons below age of 18
years as stipulated under Section 37 (1) of the Act.
(i) Prohibition of sale of objects including sweets, snacks and toys that resemble or imitate
alcoholic drinks as stipulated under Section 37 (5) of the Act.
(j)Requirementforretailerstopostdisplaysigninformingthepublicthatsaleoravailingof
alcoholtopersonsbelowageof18yearsisprohibitedbylawasstipulatedunderSection38of
theAct.

5. ENFORCEMENT AND COMPLIANCE Cont’d
(k)ProhibitionofsaleofalcoholicdrinkbywayofvendingmachineasstipulatedunderSection
39(1)oftheAct
(l)ProhibitionofsaleofalcoholicdrinkinsachetsasstipulatedunderSection40(1)oftheAct
(m)Prohibitionofsaleofalcoholicdrinkincontainersoflessthan250millilitersasstipulated
underSection40(2)(a)oftheAct
(n)RequirementforsaleofChang’aaorotherdistilledalcoholicdrinkinglassbottlesonlyas
stipulatedunderSection40(2)(b)oftheAct
(o)Prohibitionofsaleofalcoholicdrinkwhichdoesnotbearstatementofitsconstituentsand
healthwarningsasstipulatedunderSection41oftheAct

6. ENFORCEMENT AND COMPLIANCE Cont’d
(p)Prohibitionofsaleofanalcoholicdrinktoapersonalreadyinastateofintoxicationas
stipulatedundersection42(4)
(q)ProhibitionofsaleofalcoholicdrinkwithoutalicenseasstipulatedunderSection36ofthe
Act
(r)ProhibitionofsaleofadulteratedofalcoholicdrinkasstipulatedunderSection38(1)&(2)
ofthenationallegislation(AlcoholicDrinksControlAct2010)
(s)ConformitywithFirstSchedulesection3

7. PROCEDURE OF ENFORCEMENT
Upon visiting the Premise;
•Introduction to clients (Manager)
•Request for production of Alcoholic drinks license (To be displayed)
•Confirmation of the license validity and authenticity
•Confirmation of the type of the license vis-à-vis the business
•Check other compliance areas i.e. signage, operating hours, hygiene, etc.
•Give feedback to the client on the compliance level
•Establish offence, if any, and inform the client
•At this point the enforcement officers take the necessary action
•Inform the suspect of their rights

8. PROCEDURE OF ENFORCEMENT Cont’d
•Arrest done by authorized officer ( gender,PWD,people with chronic
diseases,security)
•Exhibit taken
•Inventory of the exhibit is taken and suspect signs alongside the authorized
officer at the premise.
•Booked at police station within jurisdiction of arrest
•Drawing of the charge sheet with witness statements, present the charge
sheet to the OCS for stamping and submit to the office of ODPP for charges
and charge sheets approval
•Register the charge sheet at the courts registry and presenting the suspect to
the court

9. PROCEDURE OF ENFORCEMENT Cont’d
•Plea taking is undertaken. Subsequently, mention and hearing of
the case(s) to conclusion (judgment and sentencing)
•On upon conclusion of the case(s) the exhibits are returned to the
suspect
•NB: authorized officers may enter premises at any reasonable time which
the officer believes on reasonable grounds that the person is
contravening the provisions of the act.

10. MULTIAGENCY OPERATIONS
•The Liquor Board Enforcement Unit liaises with other state agencies involved
in the regulation of the liquor Industry to jointly address compliance
•Interagency Secretariat is chaired by the county commissioner and with
representation from each agency playing their own mandate
•The team comes out with targeted operations aimed at specific goals
•The team also spearheads awareness on compliance
•Currently the team is dealing with enforcement of shisha and night clubs
operating within residential areas.
•Every agency has a checklist of what to check during the operation.