ALCOHOLIC BEVERAGES ġ S.L.41.02 1
SUBSIDIARY LEGISLATION 41.02
ALCOHOLIC BEVERAGES REGULATIONS 
18th November, 1974
LEGAL NOTICE 115 of 1974, as amended by: Legal Notices 36 of 1977
and 17 of 1996; and Act XIII of 1983.
Title. 
Regulations.
Interpretation.
Amended by:
L.N. 36 of 1977.
2. (1) In these Regulations, unless the context otherwise
requires -
"alcohol" includes any spirit, whether or not bottled, which is
intended for the manufacture, or blending or preparation of
alcoholic beverages;
"bottle" means any container of a capacity not exceeding 1 litre,
and "bottled" shall be construed accordingly;
"alcoholic beverage" means any beverage of an alcoholic
strength exceeding 3.5º proof, whether produced and bottled or
solely bottled in Malta, but does not include wine or beer.
Cap. 41.
(2) Words and phrases used in these Regulations and not
otherwise defined shall have the same meaning as is assigned to
them in the Spirits Ordinance.
Issue of licence.
Amended by:
XIII.1983.5.
3. (1) No person may manufacture, blend or prepare for sale
any alcoholic beverage unless he is in possession of a licence
issued by the Comptroller.
(2) Any such licence shall be non-transferable and shall apply
only to the premises therein specified.
(3) Any licence issued under this regulation shall be valid up to
the 31st day of December of the year during which it is issued, and
a fee of five liri shall be charged for the issue of any such licence or
for the renewal thereof.
(4) No person in possession of any such licence shall sell,
transfer or otherwise dispose of any alcoholic beverage produced
by him otherwise than in bottles and in accordance with the
provisions of these Regulations.
Refusal and 
cancellation of 
licence.
4. (1) The Comptroller may refuse the issue or renewal of a
licence to any person.
(2) The Comptroller may, at any time, cancel the licence where
the licensee does not manufacture, blend or prepare for sale any
alcoholic beverage for two consecutive years.
Illegal preparation, 
blending and  
manufacture of 
alcoholic 
beverages.
Amended by:
XIII.1983.5.
5. Any person who prepares, blends or manufactures any
alcoholic beverage without the licence required under regulation 3
shall be guilty of an offence and shall be liable, on conviction, to a
fine  (multa )   not exceeding five hundred liri or to imprisonment for
a term of not more than three months, or to both such fine and
2 ġ S.L.41.02 ALCOHOLIC BEVERAGES
imprisonment.
Keeping of a 
register.
Amended by:
L.N. 36 of 1977;
XIII.1983.5.
6. (1) Any person to whom a licence has been granted under
regulation 3 to manufacture, blend or prepare alcoholic beverages
shall keep a register, in the form set out in the Schedule to these
Regulations, in which shall be entered, immediately after any
quantity of alcohol is received in his warehouse -
( a ) the name and address of the person from whom the
alcohol has been acquired, the date of acquisition, the
type and quantity acquired and the alcoholic strength
as well as the reference number of the certificate
issued in accordance with regulation 7;
( b ) the type and quantity of alcoholic beverages produced
and bottled, the number of bottles, their capacity, the
respective alcoholic strength of the beverages and the
wastage resulting from bottling operations; and
( c ) where the alcohol has been imported directly by the
licensee concerned, the quantity imported, the
alcoholic strength, the amount of duty paid, the
number of the Customs entry form and the date of
payment of the relative duty.
(2) No alcoholic beverage, whether imported or locally
produced, which is bottled shall be used in the re-manufacture,
blending or preparation of alcoholic beverages without the written
authorisation of the Comptroller under such conditions as he may
impose and unless such alcoholic beverage is first examined by the
Comptroller.
(3) Any person who fails to comply with the provisions of sub-
regulation (1) of this regulation shall be guilty of an offence and
shall be liable, on conviction, to a fine ( multa )   not exceeding one
hundred liri.
Transfer of 
alcohol.
7. No transfer of alcohol from one blender or an importer to
another blender shall be carried out unless such transfer is first
authorised by a certificate issued by the Comptroller.
Affixing of label. 8. (1) Any person to whom a licence has been granted under
regulation 3 shall affix a label to every bottle of alcoholic beverage
produced by him showing the trade mark or trade name and the
type of the beverage, its alcoholic strength, its capacity and his
name and full address. 
(2) Where more than one label is affixed on any bottle, the
details required under sub-regulation (1) of this regulation shall be
shown on the main label.
Control and 
disposal of register.
9. (1) The pages of the register kept in accordance with
regulation 6 shall be numbered consecutively and the register shall
not be used unless it is first approved, stamped and signed by the
Comptroller.
(2) Such register shall be kept in the premises specified in the
licence and shall be shown on demand to the Comptroller, and it
shall not be destroyed or otherwise disposed of without the
previous authorisation in writing of the Comptroller.
ALCOHOLIC BEVERAGES ġ S.L.41.02 3
Control of sale of 
alcoholic 
beverages.
10. No person may sell from any premises in respect of which
there is in force a licence to manufacture, blend or prepare
alcoholic beverages any such beverage for consumption within the
said premises.
Correction of 
entries in register.
11. No entry made in the register prescribed under regulation 6
which requires correction shall be erased or obliterated but it shall
be corrected in such a way as to leave it clearly legible.
Affixing of bands 
or other sealing 
device.
Amended by:
L.N. 36 of 1977;
L.N. 17 of 1996.
12. (1) There shall be affixed across the cap of every bottle of
alcoholic beverage bottled in Malta a band of paper in such a
manner as to ensure that such band is broken when the bottle is
opened.
(2) Such band -
( a ) shall be white in colour and shall bear the words
"Blended in Malta from imported spirits" when the
beverage is produced from a blend of imported spirits
to which no other ingredient other than distilled water
or colouring matter or both is added;
( b ) shall be white in colour and shall bear the words
"Produced in Malta" when the beverage is produced
locally or consists of a blend containing other
ingredients over and above those listed in paragraph
( a ) of this sub-regulation;
( c ) shall be of any colour other than white and shall bear
the words "Imported in bulk and bottled in Malta"
when the beverage is imported in bulk and no
ingredient other than distilled water or colouring
matter or both is added.
(3) Such bands shall be consecutively numbered and shall be
obtainable at cost from the Comptroller upon the written request by
the person licensed as provided under regulation 3, who shall
indicate the type and quantity of bands required.
(4) The affixing of the bands shall take place in the presence of
the Comptroller to whom adequate notice in advance shall be
given.
(5) The Comptroller shall enter in the register kept under
regulation 6 the quantity and the serial number of the bands or
other sealing devices used on each occasion.
(6) The Comptroller may, on good cause being shown, permit
the sealing of bottles otherwise than by the use of a paper band
under such conditions as he may deem fit to impose, or dispense
with such sealing when other forms of control are deemed by him
to be satisfactory in the circumstances.
(7) It shall not be lawful for any person to be in possession of,
or to acquire in any way whatsoever or to re-use any unbroken
bands or other sealing devices, whether used or unused, except as
provided in these Regulations.
(8) No bands or other sealing devices affixed to bottles
containing any alcoholic beverages as provided under these
Regulations may be removed, before the bottle is opened for
4 ġ S.L.41.02 ALCOHOLIC BEVERAGES
consumption or re-used for the sealing of bottles containing
alcoholic beverages.
Withdrawal of 
samples of 
alcoholic 
beverages. 
Cap. 231.
13. The Comptroller may, at any time, take samples of
alcoholic beverages for analysis by the customs analyst who shall
certify the alcoholic strength, and for submission to the
Superintendent of Public Health who shall ascertain whether the
said beverages comply with the provisions of the Food, Drugs and
Drinking Water Act or of any regulations made thereunder.
Responsibilities of 
licensees. 
14.  The affixing of a band or other sealing device across the
cap of a bottle containing alcoholic beverage, shall not in any way
exempt the licensee in respect thereof from the obligations,
responsibilities or other requirements prescribed by these
Regulations or by any other law.
Attendance by 
Comptroller.
15. (1) All attendances by the Comptroller in connection with
the affixing of bands or any other sealing device and the
withdrawal of samples shall be free of any charge during the
following hours:
From the 1st October of any year to the 15th June of the next
following year:
Mondays to Fridays: From 7.45 a.m. to 12.30 p.m.
From 1.15 p.m. to 5.15 p.m.
From the 16th June of any year to the 30th September of the
same year:
Mondays to Fridays: From 7.30 a.m. to 1.30 p.m.
(2) The licensee shall provide satisfactory transport for the
Comptroller’s attendance at the licensee’s premises for the
purposes referred to in regulation 12.
Sale or disposal of 
bottles without 
band to be illegal.
Amended by:
L.N. 36 of 1977.
16. (1) It shall not be lawful for any person licensed under
regulation 3 to sell, give, or otherwise dispose of or attempt to sell,
give, or otherwise dispose of any bottle of alcoholic beverages
produced or bottled by him unless such bottle is sealed in
accordance with the provisions of regulation 12.
(2) It shall not be lawful for any person not licensed under
regulation 3 to acquire or to be in possession of, or to sell, expose
for sale, give or otherwise dispose of, any unopened bottle of
alcoholic beverages which are produced, blended, or bottled in
Malta unless such bottle had been sealed in accordance with
regulation 12.
Power of 
Comptroller to 
enter premises.
17. The Comptroller may, at any time, upon reasonable
suspicion, enter any factory or other premises belonging to or under
the control of any person in possession of a licence issued under
regulation 3 to examine the register which is to be kept under
regulation 6 and any stocks of alcohol or alcoholic beverages.
Power of 
Comptroller to stop 
and detain persons 
and vehicles. 
18. Where the Comptroller has reasonable cause to suspect that
any alcohol is being transported in contravention of the provision
of regulation 7 or that any alcoholic beverage is being transported
in such a state as to be in contravention of regulation 12, he may
ALCOHOLIC BEVERAGES ġ S.L.41.02 5
stop the person or persons in charge of, and the vehicle or vehicles
being used for, such transport, and he may detain such person or
persons and such vehicle or vehicles until the alcohol or alcoholic
beverages, as the case may be, is examined.
Offences by other 
persons.
19. Any person or persons driving the vehicle or vehicles
referred to in regulation 18 and who -
( a ) hinders or obstructs the Comptroller in carrying out
the examination referred to in the said regulation; or
( b ) fails to comply with any order given to him by the
Comptroller; or
( c ) refuses to give information, or gives false information,
to the Comptroller; or
( d ) fails to stop the vehicle or vehicles as ordered by the
Comptroller,
shall be guilty of an offence against these Regulations.
Offences by 
licensees.
20. Any person in possession of a licence issued under
regulation 3 and who -
( a ) fails to keep a register as required by regulation 6
hereof; or
( b ) hinders or obstructs the Comptroller from examining
such register; or
( c ) destroys, obliterates, or cancels any part of such
register; or
( d ) enters any false particulars in such register; or 
( e ) irregularly cancels or obliterates any entry in such
register; or
( f ) refuses to give information, or gives false information,
to the Comptroller concerning the purchase or the
stock of any alcohol,
shall be guilty of an offence against these Regulations.
Forgery of dies, 
etc.
21. Any person who forges a die, stamp, or mark used by the
Comptroller or who forges a band or other sealing device to be
affixed to bottles of alcoholic beverages or who has in his
possession any such forged die, stamp, mark, band or other sealing
device, shall be guilty of an offence against these Regulations.
Disclosure of 
information.
22. No person having access to information relating to any
individual business by virtue of the provisions of these Regulations
shall publish or disclose any such information without the written
consent of the licensee, unless such publication is given or such
disclosure is made to another person requiring that information for
the purposes of these Regulations or of a prosecution to be taken
thereunder.
Penalties.
Amended by:
XIII.1983.5.
23. Any person who contravenes or fails to comply with any of
the provisions of these Regulations shall be guilty of an offence
and shall be liable, on conviction, to a fine ( multa ) not exceeding
five hundred liri or to imprisonment for a term of not more than
three months, or to both such fine and imprisonment, unless a
6 ġ S.L.41.02 ALCOHOLIC BEVERAGES
specific penalty is provided by these Regulations in respect of the
particular offence.
Other licences. 24. The grant of a licence under regulation 3 shall not exempt
from the necessity of obtaining any other licence required by or
under any other law.
SCHEDULE
Amended by:
L.N. 36 of 1977.
(Regulation 2)
ALCOHOLIC BEVERAGES ġ S.L.41.02 7
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