Fit and Proper Criteria For Liquor Licence

LIQUOR CONTROL (SUPPLY AND CONSUMPTION) ACT
SECTION 8(3)
GUIDELINES ON THE CRITERIA AND REQUIREMENTS FOR

A PERSON TO BE FIT AND PROPER
TO HOLD A LIQUOR LICENCE
1. In considering whether a person is fit and proper to hold a liquor licence, the
Licensing Officer (“LO”) will take into account whether each of the relevant persons set out in
paragraph 3 below satisfies the criteria and requirements in paragraph 4 below.
2. These guidelines provide general guidance and the criteria and requirements in
paragraph 4 below are not meant to be exhaustive. In any particular case, the LO has the
discretion to consider other factors that he considers to be relevant to assess whether a
person is fit and proper to hold a liquor licence.
3. For the purposes of these guidelines, a “relevant person” means:
a) The holder of a liquor licence (“licensee”) or the applicant for a liquor licence or
a licensee who is applying to have his liquor licence renewed (each, an
“applicant”), as the case may be;
b) Each responsible officer1 (as defined in section 2(1) of the Liquor Control (Supply
and Consumption) Act 2015 (the “Act”)) of the applicant or licensee (as
applicable); and
c) Any person having a substantial interest in, or control or direction over, the
business of the applicant or licensee (as applicable), including all substantial
shareholders (as defined in section 81 of the Companies Act (Cap. 50)) and the
chief executive officer, deputy chief executive officer, and/or all other officers by
whatever name described, who have similar responsibilities or functions.
4. The criteria and requirements for considering whether a person is fit and proper to
hold a liquor licence include, but are not limited to, whether each relevant person has
honesty, integrity, a good reputation, competence and capability. To assess whether a
person meets these criteria, the LO may consider whether a relevant person:
a) has been convicted of any offence, or is under investigation, or being subject to

any pending proceedings for such offence, has been detained or placed under
supervision under any written law, or is being subject to any pending
proceedings which may lead to such detention or supervision, or has accepted
any offer of composition under any written law.
b) does not have a good track record of, or is a relevant person of any other entity
that does not have a good track record of, ensuring compliance with:
1 “responsible officer”, in relation to an applicant or a licensee, means –

(a) where the applicant or licensee is a body corporate (other than a limited liability partnership), a
director of the body corporate;
(b) where the applicant or licensee is a partnership, a partner of the partnership; and
(c) where the applicant or licensee is an unincorporated association registered as such pursuant to
the Societies Act (Cap. 311), an officer of the unincorporated association.
(i) the provisions of the Act or the subsidiary legislation thereunder; and/or
(ii) the licence conditions of any liquor licence issued to him or the relevant entity.
In determining whether there is a good track record as stated above, the LO may
take into account, inter alia, the detection of any breaches by the LO or any
alleged breaches of the Act, related subsidiary legislation and/or licence
conditions which are under investigation, or pending court proceedings.
c) has been uncooperative with SPF in respect of any investigations conducted or

queries posed by SPF in relation to the liquor licence or the application for the
grant or renewal thereof.
d) has had any licence, permission or permit issued by a regulatory authority

cancelled or suspended for reasons which also renders the relevant person
unsuitable to hold a liquor licence.
5. A person will not automatically be held to be not fit and proper to hold a liquor licence
if a relevant person does not meet any of the criteria or requirements set out in paragraph 4
above. The significance of a relevant person failing to satisfy any specific criteria or
requirement depends on:
a. The seriousness of, and surrounding circumstances resulting in, the relevant
person not meeting the specific criteria;
b. The relevance of the failure by the relevant person to meet the specific criteria to
the responsibilities that are, or are to be, assumed by the relevant person; and
c. The passage of time since the failure by the relevant person to meet the specific
criteria.
6. The LO may revise these guidelines at any time without notice.

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LIQUOR CONTROL (SUPPLY AND CONSUMPTION) ACT

GUIDELINES ON THE CRITERIA AND REQUIREMENTS FOR

3. For the purposes of these guidelines, a “relevant person” means:

a) has been convicted of any offence, or is under investigation, or being subject to

1 “responsible officer”, in relation to an applicant or a licensee, means –

c) has been uncooperative with SPF in respect of any investigations conducted or

d) has had any licence, permission or permit issued by a regulatory authority

6. The LO may revise these guidelines at any time without notice.

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