By: Kymberli Whittaker
“It is my intention to apply for a spirit license to sell rum, gin,
brandy and other distilled spirits at the next session of the court in the
parish of xxxxx. Signed Management”
This sign is put at the entrance of bars to
partially keep in line with section 17 (1) of the Spirit License Act, however when I see those
words on any bar, it is a stark reminder
to me that we are not enforcers of the law, and that regulation is not one of
Jamaica’s strong areas.
Visit a corner or neighbourhood bar/tavern in any community,
and I guarantee you, that you will see a worn, dilapidated sign above the door,
or inside the establishment indicating an intention to apply for a Spirit
Licence. Each and every time I see a sign of this nature, I have to wonder if
the government really wants money. I believe these Parliament sittings and
discussions in the media about collecting taxes is all an elaborate ruse to make
us appear that they are busy doing work and are actively trying to increase
revenue.
The Kingston and St. Andrew Corporation (KSAC) and the
government do not need to re-invent the wheel. Why tax handcart men? What is
the rationale? How many handcarts do you plan to earn revenue from? What is the
longevity of a handcart’s operation? Are handcarts found in every parish or are
you just targeting persons carrying on business in Jamaica’s capital?
Jamaica is famously referred to as the country which has “the
most bars and churches per square mile”. Now we cannot even think to tax
churches, even though some may say these places of worship are running more
profitable “businesses” with a seemingly steady stream of income from its
worshippers. So it begs the question why have we not begun to ensure that bars
pay their fees?
The Spirit Licence Act, has been in operation from 1928, and amended
in 2004. It was last amended in 2012. However I am unsure if it was a grievous
oversight on the part of our legislators, to ignore the penalties for persons
who just have an “intention” to apply. The amendment of this Act was lauded by Parliament
to my disbelief and puzzled amusement as they concentrated on extending the
opening hours of such bars, for two additional hours.
Persons may have an intention to apply for years, and I am
sure for decades but decline to make the move. These persons have slipped
through the cracks, no, they have fallen off a precipice, enjoying free reign,
selling liquor with no licence, because they are legally allowed to do so. This
Act governing Spirits is so detailed; section 54 even
makes it an offence to sell rum which is not strong enough, being a lower proof
of forty per cent alcohol by volume. So the law in Jamaica seeks to ensure that
persons can consume “quality” rum, yet they are unable to ensure that the rum
being served is served in a legitimate fee paying establishment. Priorities,
priorities, priorities.
Big bars or Clubs who sell liquor cannot escape this piece
of legislation, as they are watched like hawks to ensure compliance. But what
about Angela or Peaches who sells around the corner. Almost every corner. The government
has shown that they have no qualms about targeting the poor people or the
regular man, so how come no one is pursuing this area with vigour?
Over the past couple months, we have seen that laws which the
government regard as important are fast tracked through the system and implemented
in no time. I would have thought that the Ministry of Health would have jumped on
this in the same manner they jumped on the issue of smoking in public places, as they seek to dictate/manage our level of exposure to substances which
though harmful, many have made a lifestyle choice to consume. I say without a
doubt that the numbers of bars would reduce drastically thus furthering the Health Ministry’s mandate, if sections 19 and 20 were enforced addressing the grounds for refusal
of licensing applications.
Section 3 of the Spirit License Act states explicitly “…no spirits shall be sold, either by
wholesale or retail in this Island, except by persons thereunto duly licensed
under this act…”Tax Collectors get your act together and stop looking for
ingenuous ways to pressure the masses, when laws on the books are not being
enforced.
September 2013
Twitter: kymroxi
Hey Kym, unlike you, I did not know squat about the The Spirit Licence Act before reading your article right here and subsequently taking a look at the act. But like you, I laugh every time I see a sign which says "it is my intention to blah, blah, blah!"
ReplyDeleteOther than the revenue raising implications of your observations, reading your piece makes me wonder how often does the Liquor Licence Authority of each parish meet seeing that prospective licence holders have to apply 21 days prior to a siting....
Unlike you, I think its time churches pay taxes. It is full time pastors who don't already do pay taxes on their incomes..