Namibia’s Directives for the Sale of Liquor during COVID-19

As the COVID-19 pandemic continues to affect countries across the globe, Namibia has implemented strict regulations regarding the sale of liquor to curb the spread of the virus. The Namibian government has issued directives that apply to on-consumption licence holders, licence holders and their employees, as well as those involved in the selling and purchasing of traditional liquor, and the transport and delivery of liquor. Below are the requirements of each directive:

Directive 1: Application of Directives

The directives do not apply to the restricted area as per Regulation 4 of the Regulations published under Proclamation No. 24 of 8 June 2020 during the period of lockdown referred to in Regulation 3 of those Regulations.

Directive 2: Period of Application of Directives

These directives apply for the duration of the specified period.

Directive 3: Selling of Liquor by On-Consumption Licence Holders

  • Except for holders of hotel or restaurant liquor licences, on-consumption licence holders must not sell liquor for on-consumption on licensed premises.
  • During the specified period, on-consumption licence holders may only sell liquor for off-sales and as if the holder was a holder of an off-sales licence.

Directive 4: Obligations of Licence Holders and Employees of Licence Holders

  • All persons entering the licensed premises must be sanitised with an alcohol-based hand sanitiser.
  • All persons in the licensed premises or waiting to enter must maintain a distance of at least one and a half metres between them.
  • The social distance must be demarcated inside and outside the licensed premises with clear signs to ensure adherence to the social distance.
  • All persons in the licensed premises or waiting to enter must queue up and be monitored to ensure compliance with the social distance.
  • Only one person per 10 square metres of trading floor or three persons per number of counters in any licensed premises may be allowed at any time, excluding employees of the licence holder.
  • The maximum number of people allowed in licensed premises at any time must be displayed at the entrance of the licensed premises.
  • All employees of service providers providing services to the licensed premises must wear protective gear.
  • Counters, till screens and speedpoint pads must be cleaned and sanitised after every customer’s transaction.
  • Cashiers must clean and sanitise their hands after every customer’s transaction.

Directive 5: Selling and Purchasing of Traditional Liquor

  • A traditional liquor includes tombo as defined in section 1 of the Liquor Act.
  • A person selling or purchasing a traditional liquor must only sell or purchase such traditional liquor during the days and hours specified in Regulation 7 of the Regulations.
  • A person selling or purchasing traditional liquor must not sell or purchase such traditional liquor for consumption at the place of the sale or purchase.
  • All persons entering or waiting to enter the premises where traditional liquor is sold must be sanitised with an alcohol-based hand sanitiser.
  • All persons must maintain a social distance of at least one and a half metres between them and must queue up, and be monitored at all times to ensure compliance with the social distance.
  • The social distance must be demarcated inside and outside the premises where the person sells traditional liquor with clear signs to ensure adherence to social distance.
  • The person or person’s employees selling traditional liquor must wear protective gear and ensure that the premises where the person sells traditional liquor is cleaned and sanitised.

Directive 6: Transport and Delivery of Liquor

  • A driver or person delivering liquor or any packaging materials related to the production of liquor is allowed to transport and deliver liquor or packaging materials at any time.
  • Third-party merchandisers are only allowed access to licensed premises during normal business hours

Frequently Asked Questions

Who is allowed to sell liquor for on-consumption during the specified period?

Only holders of hotel liquor licence or restaurant liquor licence are allowed to sell liquor for on-consumption during the specified period.

What are the obligations of licence holders and employees of licence holders?

They must ensure that all persons entering the licensed premises are sanitised with an alcohol-based hand sanitiser, maintain social distancing, demarcate social distance inside and outside the licensed premises with clear signs, monitor compliance with social distance, limit the number of people in the licensed premises, ensure employees wear protective gear, clean and sanitise counters and till screens after every customer’s transaction, and ensure cashiers clean and sanitise their hands after every customer’s transaction.

Can traditional liquor be sold or purchased for consumption at the place of sale or purchase?

No, traditional liquor cannot be sold or purchased for consumption at the place of sale or purchase.

What are the requirements for selling traditional liquor during the specified period?

The seller must ensure that all persons entering or waiting to enter the premises where the person sells the traditional liquor are sanitised with an alcohol-based hand sanitiser, maintain a social distance of at least one and half meters between them, queue up, and are monitored at all times to ensure compliance with the social distance. The social distance must be demarcated inside and outside the premises where the person sells the traditional liquor with clear signs to ensure adherence to social distance. The seller or seller’s employees must wear protective gear, and the premises where the person sells traditional liquor must be cleaned and sanitised.

What are the rules regarding the transport and delivery of liquor?

A driver or person delivering liquor or any packaging materials related to the production of liquor either within Namibia or sourced from outside Namibia is allowed to transport and deliver liquor or packaging materials at any time. Third party merchandisers are only allowed access to licensed premises during normal business hours as determined by a licence holder. They must adhere to the measures to combat, prevent and suppress the spread of COVID-19. A licence holder offering online sale of liquor may only sell liquor during the days and hours specified in regulation 7 of the Regulations and is allowed to transport or deliver liquor during the normal business hours of the licence holder.

What is the period of application of these directives?

These directives apply for the duration of the specified period.

Can an on-consumption licence holder sell liquor on the licensed premises for on-consumption during the specified period?

No, an on-consumption licence holder, except for a holder of hotel liquor licence or restaurant liquor licence, must not sell liquor on the licensed premises for on-consumption during the specified period.

Can a licence holder renew their licence during the specified period?

Yes, a licence holder intending to renew the holder’s licence in terms of section 38(5) of the Liquor Act may renew the licence on or before 28 June 2020, subject to regulation 15 of the Regulations published under Proclamation No. 18 of 4 May 2020 providing that a licence is valid during the specified period or such longer period as a Minister or other functionary may determine.

What is the penalty for contravening or failing to comply with these directives?

A person who contravenes or fails to comply with these directives commits an offence and on conviction is liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

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