CHAPTER
288
HOTELS |
ARRANGEMENT OF
SECTIONS |
PART I
PRELIMINARY |
SECTION |
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PART II
LICENSING OF HOTELS |
Hotels to be operated only under licence granted
by Board. |
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Board to be notified of change of control in
certain cases. |
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Transfer or variation to be endorsed on
licences. |
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Time when decision of Board to take effect. |
Saving for certain agreements. |
PART III
FINANCIAL PROVISIONS |
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Duty of hotel operator to collect tax. |
Board may assess hotel guest tax. |
Payment of fees and taxes. |
Hotel guest tax to be paid into Consolidated
Fund. |
PART IV
MISCELLANEOUS |
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Penalty for operating hotel without licence,
etc. |
Penalty in relation to hotel guest tax. |
Offences by bodies corporate. |
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SCHEDULE - The Hotels Licensing Board. |
CHAPTER 288 |
HOTELS |
An Act to
make provision for the licensing of, and the regulation and improvement of
standards in, hotels; for the imposition of an hotel guest tax; and for matters
connected with or incidental to those purposes. | 18 of 1970
20 of 1978
11 of 1994
25 of 1995
16 of 1999
S.I. 42/1999 |
[Assent 21st
September, 1970]
[Commencement 1st February, 1971] |
PART I
PRELIMINARY |
1. This Act may be cited as the Hotels Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"Board"
means the Hotels Licensing Board established by section 3; |
"condo
hotel" means an hotel which satisfies the requirements of subsection (3); |
"Court"
means the Supreme Court; |
"hotel"
means any building (however described), or, in the case of a group of buildings
(however described) enjoying common ancillary services, any number of such
buildings, in which accommodation is provided for reward for guests by a common
management: |
Provided that such
building, or (in the case of such a group of buildings as aforesaid) such
buildings in the aggregate, shall either- |
(a) contain not
fewer than four bedrooms for the use of guests as sleeping accommodation; or |
(b) be equipped
with not fewer than ten beds for such use; |
"licence"
means a licence granted under section 4 or a temporary licence granted under
section 7, as the case requires, and "licensee" shall be construed
accordingly; |
"Minister"
means the Minister responsible for Promotion and Development of Tourism; |
"operator"
means the person who operates the business of an hotel, and cognate expressions
shall be construed accordingly; |
"regulation"
means regulation made under section 27 for the time being in force; |
"tax"
means hotel guest tax provided for in section 16. |
(2) Unless the
contrary intention appears, references in this Act to a section are references
to a section of this Act, and references in a section to a subsection are
references to a subsection of that section. |
(3)
In the case of a condo-hotel the following requirements shall be satisfied- |
(a) it shall be
licensed under this Act and shall pay hotel licence fees; |
(b) it shall
pay hotel guest taxes; |
(c) it shall
pay business licence fees; |
(d) it shall
pay real property taxes, if applicable; and |
(e) individual
units shall remain in the hotel's general rental pool for a minimum period of
nine months per year. |
PART II
LICENSING OF HOTELS |
3. (1) From and after the commencement of this Act, but
subject to subsection (3) of section 4 and to section 7, no person shall
operate any premises as an hotel except under and in accordance with the terms
of a valid licence granted under the said section 4 by the Hotels Licensing
Board (which is hereby established) authorising him to operate those premises
as an hotel. | Hotels to be operated only under licence granted by
Board. |
(2) The provisions
of the
Schedule shall have effect as to the constitution of the Board and otherwise in
relation thereto. |
4. (1) Subject to section 15, the Board may, upon an
application in that behalf made by any person in the prescribed manner, grant
to that person a licence in the prescribed form to operate any premises as an
hotel, or may refuse to grant such a licence, or may grant it subject to such
terms or conditions as it may see fit to impose. | Board may grant licences. |
(2) In the
exercise of its powers of licensing under subsection (1) of this section and
under section 7 the Board shall have regard to the need in the public interest
to maintain an efficient hotel industry in The Bahamas. |
5. Every licence shall specify- | Form of licences. |
(a) the name of
the operator; |
(b) the name of
the proprietor where he is not the operator; |
(c) the
description and address of the premises in respect of which the licence is
granted; |
(d) the date
upon which the licence is to take effect, |
and such
other particulars, if any, as may be prescribed. |
6. Every licence shall take effect on the date
specified in the licence as the date on which it is to take effect and shall
expire, in the case of an hotel in New Providence or Grand Bahama, on the
thirty-first day of December, and, in any other case, on the thirty-first day
of March, next following the date so specified, but, subject to section 15,
may, upon application made for the purpose in the prescribed manner, be renewed
by the Board by endorsement on the licence for a further period expiring on the
thirty-first day of December, or, as the case may be, March, next following,
and thereafter for further periods expiring on the anniversary of the said
thirty-first day of December or March upon application made as aforesaid,
successively from year to year, if the Board approves. | Duration of licences. |
7. (1) Notwithstanding anything to the contrary, the
Board, upon an application in that behalf made by any person in the prescribed
manner and upon payment of the prescribed fee, may grant to that person a
temporary licence to operate any premises as an hotel for a period not
exceeding forty-five days: | Temporary licences. |
Provided that a
temporary licence may not be granted to any person in respect of the same premises
or any part thereof for any number of days exceeding in the aggregate ninety in
any year. |
(2) A temporary
licence shall be in such form, and shall contain such terms and conditions, as
may be determined by the Board, and any terms or conditions so determined may
modify, in relation to the operation of the premises pursuant to the licence,
any of the requirements of this Act or of any regulations to such extent as the
Board deems fit. |
8. (1) Where any alteration is proposed in the control
of a company which is the operator of an hotel, such company shall notify to
the Board in writing all the particulars of such alteration that are known to
the company as soon as they become so known. | Board to be notified of change of control in certain
cases. |
(2) If the
operator of an hotel fails to comply with the provisions of subsection (1),
then the Board may, where there is a licence in force in respect of the hotel,
by instrument in writing cancel that licence. |
(3) For the
purposes of subsection (1), a company shall be deemed to be controlled by a
person or persons if that person or those persons, by the exercise of some
power exercisable by him or by them acting together, can, without the consent
of any other person, appoint or remove all or a majority of the directors of
the company; and for the purposes of this provision the expression
"director" means any person who occupies the position of a director,
by whatever name called. |
9. Where a licensee has died or proposes to divest
himself or has divested himself of his interest in the business of the hotel in
respect of which his licence was granted, the Board may, upon an application in
that behalf made by any person claiming the right to succeed to such licensee
as the operator of the hotel, and upon payment of the prescribed fee, transfer
the licence to that person subject to such terms and conditions as the Board
may think fit to impose: | Transfer of licences. |
Provided that
before transferring any licence under this section the Board shall, where
practicable, give to the licensee or, as the case may be, to his legal personal
representatives a reasonable opportunity to make any representations that they
may wish to make in relation to any such application, and shall take into
account any representations so made by them or on their behalf. |
10. The Board may at any time upon an application in
that behalf made by a licensee or of its own motion, vary any of the terms or
conditions of a licence: | Variation of licences. |
Provided that in
varying any term or condition of a licence the Board shall taken into account
any representations made to it by the licensee or on his behalf and shall not
vary such term or condition of its own motion without first giving to the
licensee a reasonable opportunity to make such representations. |
11. Any transfer of a licence or variation of any term
or condition of a licence made by the Board under section 9 or 10 shall be
endorsed on the licence, together with the date when it was made by the Board
and the date when it is to take effect. | Transfer or variation to be endorsed on licences. |
12. (1) Where it appears to the Board, after such inquiry
as it may deem fit, that any hotel (whether or not being an hotel for the
operation of which a licence under section 4 is required) is in default as
being conducted in contravention of any Act or rule (including this Act or any
regulation) and that such default is capable of remedy by the operator thereof,
the Board may by notice in writing require the operator of the hotel to remedy
the default within such time, not being less than fifteen days, as may be
specified in the notice. | Default by hotels. |
(2) If an hotel is
in default as alleged by a notice given under subsection (1) and the operator
thereof fails within the time specified in the notice to remedy the default
complained of by the Board, then the Board may, where there is a licence in
force in respect of the hotel, by instrument in writing cancel that licence. |
13. A decision of the Board under subsection (2) of
section 8 or under subsection (2) of section 12 to cancel a licence, or any
decision mentioned in subparagraph (i) or (ii) of paragraph (a) of subsection
(1) of section 25, or any assessment mentioned in paragraph (b) of that
subsection, or any other decision, act or order mentioned in paragraph (c)
thereof, shall take effect as respects any person- | Time when decisions of Board to take effect. |
(a) where no
appeal is brought under the provisions of sections 25 and 26, at the expiration
of fifteen days from the date on which the decision, assessment, act or order
is communicated to that person; |
(b) where such
an appeal is brought within the time limited by or pursuant to those sections
and is withdrawn or struck out for want of prosecution, on the withdrawal or
striking out of the appeal; |
(c) where such
an appeal is brought and is not withdrawn or struck out, as aforesaid, if and
when the appeal is dismissed, and not otherwise. |
14. Nothing in this Act shall have effect so as to
require to be licensed thereunder any individual who, or any business or
undertaking which, under any agreement entered into by or on behalf of the
Government of The Bahamas under the authority of any enactment, the said
Government agree shall be exempt from licensing by the said Government or any
department thereof or any licensing authority. | Saving for certain agreements. |
PART III
FINANCIAL PROVISIONS |
15. (1) Where the Board decides to grant or renew a
licence there shall be paid before such licence is issued or the endorsement of
such renewal is made, a fee in respect thereof of an amount of three dollars
for each bedroom provided in the hotel for the use of guests as sleeping
accommodation: | Hotel licence fee. |
Provided that no
such fee shall be payable in respect of any hotel- |
(a) in New
Providence either having fewer than ten bedrooms for use of guests as sleeping
accommodation or equipped with fewer than twenty beds for such use; or |
(b) in any Out
Island either having fewer than twenty-five bedrooms, or equipped with fewer
than twenty beds, as aforesaid. |
(2) This section
shall not come into force until such date as the Minister may appoint by notice
in the Gazette. |
16. (1) Subject to subsection (4), there shall be paid
by each guest of any hotel in any part of The Bahamas a tax (to be called
"hotel guest tax") for each period during which such guest is
provided with sleeping accommodation at such hotel. | Hotel guest tax. |
(2) Subject to
subsection (3), the hotel guest tax shall in respect of each such guest be
six per centum of his total room rate for the period during which such guest is
provided with sleeping accommodation at such hotel. |
(3)
Notwithstanding subsection (2), the Minister may, subject to subsection (5), by
order increase or reduce the rate of the hotel guest tax from a date to be
specified in the order. |
(4) Hotel guest
tax shall not be payable- |
(a) by any
person who is a member of the staff of the hotel occupying accommodation as
part of his conditions of service as a member of that staff, or by any member
of the family of, or by the private guest of, such a person; or |
(b) with effect
from a date to be specified by the Minister in an order under this paragraph,
and subject to subsection (5), by such class or classes of persons as may be
specified in the order. |
(5) The provisions
of sections 31 and 32 of the Interpretation Act shall not apply in relation to
any order made by The Minister under subsection (3) or paragraph (c) of
subsection (4), but instead every such order shall be subject to affirmative
resolution of both Houses of Parliament. |
(6) In subsection
(5) the expression "subject to affirmative resolution of both Houses of
Parliament", in relation to an order, means that the order is not to come
into operation unless and until approved by a resolution of each of those
Houses; and on and after the date specified in the order as so approved the
alteration of the rate of tax or, as the case requires, the exemption from
payment of the tax of the class or classes of persons, specified in the order
shall respectively have effect. |
17. (1) It shall be the duty of every operator of an
hotel who provides sleeping accommodation for any guest at that hotel, to
collect the hotel guest tax from such guest, and it shall be the duty of every
such guest to pay the tax to such operator. | Duty of hotel operator to collect tax. |
(2) In the
performance of his duty under subsection (1) an operator may add to the account
of each such guest the amount of tax payable by that guest. |
(3) Any amount of
hotel guest tax which an operator of an hotel is required to collect pursuant
to this section shall constitute a debt due and payable by such operator to the
Treasurer without further demand as soon as the account of the guest by whom
the tax is payable itself becomes due and payable in respect of the
accommodation provided for such guest by such operator: |
Provided that
regulations may permit, either generally or in any particular case, payment of
any such amount as aforesaid by such instalments or at such periods as may be
prescribed. |
18. Where, by reason of the failure of the operator of
any hotel to produce the prescribed books or records relating to such hotel, or
by reason of information contained in any such books or records or which the
Board may have received from any other source whatever, the Board is satisfied
that it has not been given a true account of the guests provided with sleeping
accommodation at such hotel during any period, the Board may, after
consideration of any representations or information which the operator of such
hotel may make or supply to it, assess the amount which shall be deemed to be
the amount of hotel guest tax due and payable by such guest during that period,
and the amount so assessed shall be deemed to be the amount of tax due from
that operator in relation to that period under subsection (3) of section 17: | Board may assess hotel guest tax. |
Provided that,
where an appeal is made pursuant to section 25 against such an assessment, the
assessment shall not take effect unless confirmed by the Minister or, where a
further appeal is made pursuant to section 26, by the Court. |
19. Any fees payable pursuant to section 15 and any
hotel guest tax payable pursuant to section 17 shall- | Payment of fees and taxes. |
(a) if the
hotel in question is situate in New Providence, be paid to, and collected by,
the Treasurer at the Treasury; |
(b) in any
other case be paid and collected either to and by the Treasurer as aforesaid
or, at the election of the operator of the hotel, to and by the commissioner
for the district concerned, to be by him remitted to the Treasurer. |
20. All hotel guest tax collected under section 19 by
the Treasurer shall be paid by him into the Consolidated Fund. | Hotel guest tax to be paid into Consolidated Fund. |
PART IV
MISCELLANEOUS |
21. (1) The operator of any hotel shall- | Records and returns. |
(a) keep such
books and records in relation to that hotel as may be prescribed; and |
(b) permit the
Minister or any person authorised by him in that behalf to enter into any
premises used for the purposes of that hotel and to inspect, and to make copies
of entries in, any books, records or other documents which relate or appear to
relate to that hotel; and |
(c) if required
so to do by the Minister or any person authorised by him in that behalf,
produce, at such time and place as the Minister or such person may specify, any
books, records or other documents relating to that hotel; and |
(d) at such
times and to such persons as the Minister may specify, make such returns as may
be prescribed and give such other information relating to that hotel as the
Minister may require. |
(2) Any person who
contravenes any of the provisions of subsection (1) shall be guilty of an
offence and liable, on summary conviction, to a fine not exceeding six hundred
dollars. |
22. (1) Any person who- | Penalty for operating hotel without licence, etc. |
(a) without
lawful excuse operates any premises as an hotel when there is not in force a
licence granted by the Board authorising him to operate those premises as an
hotel; or |
(b) having been
granted such a licence, operates the hotel in respect of which that licence has
been granted otherwise than in accordance with the terms of such licence, |
shall be
guilty of an offence and liable, on summary conviction, to a fine not exceeding
five hundred dollars for each day during which he so operated such premises. |
(2) Where any
operator of an hotel in respect of which a licence is, by virtue of section 14,
not required under this Act- |
(a) being a
company, fails to comply with the provisions of subsection (1) of section 8; or |
(b) having
received notice as provided by subsection (1) of section 12, fails to comply
therewith, |
such
operator shall be guilty of an offence and liable, on summary conviction, to a
fine not exceeding five hundred dollars. |
23. Any person who- | Penalty in relation to hotel guest tax. |
(a) when
lawfully required by the operator of an hotel to pay any hotel guest tax
payable by him, fails to pay such tax; or |
(b) being the
operator of an hotel, fails to make any payment which he is required to make by
reason of subsection (3) of section 17 at the time when it becomes due and
payable; or |
(c) in relation
to any amount paid or payable as hotel guest tax, makes any statement which he
knows to be false in any material particular or recklessly makes any statement
which is false in a material particular or, with intent to deceive, produces or
makes use of any book, record, account, return or other document which is false
in a material particular; or |
(d) is
knowingly concerned in, or in the taking of steps with a view to, the
fraudulent evasion, by him or any other person, of any hotel guest tax, |
shall be
guilty of an offence and liable, on summary conviction, to a fine not exceeding
six hundred dollars or, at the election of the Minister, treble the amount of
the hotel guest tax which is unpaid or in respect of which payment is sought to
be evaded. |
24. Where any offence under this Act is committed by a
body corporate with the consent or connivance of, or is attributable to any
wilful neglect on the part of, any director, manager, secretary or other
similar officer of the body corporate, or any person purporting to act in any
such capacity, he as well as the body corporate shall be guilty of the offence
and liable to be proceeded against and punished accordingly. | Offences by bodies corporate. |
25. (1) Any person aggrieved by- | Appeal to Minister. |
(a) a decision
of the Board- |
(i) to
refuse to grant or renew, or transfer, or vary a term or condition of, a
licence; or |
(ii) to
vary a term or condition of a licence; or |
(iii) to
cancel a licence; or |
(b) any
assessment made by the Board under section 18; or |
(c) any other decision,
act or order (by whatever name called) of the Board in the exercise or
purported exercise of any power or authority conferred upon it by this Act or
any regulations, |
may within
fifteen days from the date on which such decision, act, order or assessment, as
the case may be, is communicated to him, appeal in respect thereof in writing
to the Minister. |
(2) Upon any such
appeal the Minister may confirm, modify or reverse the decision, act, order or
assessment of the Board complained of or may make such other order, including
an order for costs, as he thinks just. |
26. (1) Subject to subsection (2), where any person
who has appealed to the Minister under section 25 is aggrieved by the decision
of the Minister on such appeal, he may appeal to the Court against that
decision within fifteen days (or such longer period as the Court may in any
particular case for good cause allow) after the making thereof by lodging a
notice of appeal with the Minister setting forth the grounds of appeal. | Appeal to Supreme Court. |
(2) No appeal
shall lie to the Court pursuant to this section except upon a ground of appeal
involving a question of law alone. |
(3) Upon the
hearing of any such appeal the Court may make such order, including an order
for costs, as it thinks just. |
27. (1) The Minister may make regulations under this
section for the maintenance of high standards in the operation of hotels in
every part of The Bahamas, for the protection of persons residing in or
resorting to any such hotels and generally for the better carrying out of the
purposes of this Act, and, in particular, but without prejudice to the
generality of the foregoing, such regulations may make provision for- | Regulations. |
(a) regulating
the number of persons who may be accommodated as guests in an hotel and in any
room thereof; |
(b) the medical
examination of hotel employees, for restricting and controlling the employment
in hotels of persons suffering from disease or infection or who have been in
contact with persons suffering from disease or infection, and for prescribing
standards of personal cleanliness to be observed by the hotel employees; |
(c) prescribing
standards for the maintenance of the exteriors and interiors of hotels and the
roads, pathways and grounds thereof; |
(d) prescribing
the precautions to be taken against the outbreak or spread of fire in hotels
and for the protection of persons therefrom; |
(e) prescribing
the furnishings and fixtures to be provided in bedrooms and other rooms
provided for the use of guests, and the standards to be maintained in
connection therewith; |
(f) the
keeping of records and registers by operators in relation to the operation of
hotels; |
(g) requiring
that the licence or the regulations or any part of or extract therefrom, shall
be displayed in any prescribed place; |
(h) exempting
any person or any premises, or any class of persons or premises, from any such
regulations, subject or not to any conditions; |
(i) prescribing
any matter or thing required or authorised by this Act to be prescribed. |
(2) Regulations
made under subsection (1) may, notwithstanding the provisions of section 25(e)
of the
Interpretation Act, provide for the imposition of a fine not exceeding five
hundred dollars for any contravention of, or failure to comply with, the
provisions of the regulations. |
SCHEDULE (Section 3(2)) |
THE HOTELS
LICENSING BOARD |
1. The
Board shall consist of five persons, to be appointed by the Minister, one of
whom shall be by him appointed chairman of the Board. | Constitution of Board. |
2. The
chairman and other members of the Board shall, subject to the provisions of
this Schedule, hold office for such period not exceeding
three years as the Minister may determine, and shall be eligible for
reappointment. | Tenure of office of members. |
3. The
Minister may appoint any person to act in the place of the chairman or any
other member of the Board in case of the absence or inability to act of the
chairman or such member. | Acting appointments. |
4. (1) Any
member of the Board other than the chairman may at any time resign his office
by instrument in writing addressed to the chairman, who shall forthwith cause
it to be forwarded to the Minister and, from the date of the receipt by the
chairman of such instrument, such member shall cease to be a member of the
Board. | Resignations. |
(2) The chairman
may at any time resign his office by instrument in writing addressed to the
Minister and, from the date of the receipt by the Minister of such instrument,
such chairman shall cease to be chairman or a member of the Board. |
5. The
Minister may, if he thinks it expedient so to do at any time revoke the
appointment of the chairman or any other member of the Board. | Revocation of appointments. |
6. If any
vacancy occurs in the member ship of the Board such vacancy shall be filled by
the appointment thereto by the Minister of another person, who shall, subject
to the provisions of this Schedule, hold office for the remainder of the period
for which the previous member was appointed. | Filling of vacancies. |
7. The
names of the members of the Board as first constituted and every change in the
membership thereof shall be published in the Gazette. | Publication of membership. |
8. (1) The
Board shall meet at such times as may be necessary or expedient for the transaction
of its business and such meetings shall be held at such places and times and on
such days as the Board may determine. | Procedure of Board. |
(2) A quorum of
the Board shall be three. |
(3) Subject to the
provisions of this Schedule the Board may regulate its own proceedings. |
9. The
Board may appoint and employ, at such remuneration and on such terms and
conditions as it thinks fit, but subject to the prior approval of the Minister
in each case, a secretary and such other officers, servants and agents as it
thinks necessary for the proper discharge of its functions: | Officers, servants and agents. |
Provided that
nothing in this paragraph shall prevent the assigning to the Board, to act as
such an officer, servant or agent of the Board, of any public officer or of any
officer employed in the Department of Tourism. |
10. There
shall be paid to the chairman and each member of the Board, not being a public
officer, such remuneration (if any), whether by way of honorarium, salary or
fees, and such allowances (if any) as the Minister may determine. | Remuneration of members. |