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Regulation of Production of Alcoholic Products (Commencement and Exemptions) (Sark) Ordinance, 2018

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The Regulation of Production of Alcoholic Products (Commencement and Exemptions) (Sark) Ordinance, 2018
 
THE CHIEF PLEAS OF SARK, in pursuance of their Resolution of the 5th October, 2016, and in exercise of the powers conferred on them by section 12, 21 and 24 of the Regulation of Production of Alcoholic Products (Sark) Law, 2012[a], hereby order:-
 
Exemption for products, substances and things other than intoxicating liquor.
1.      The production or manufacturing of any product, substance or thing, other than an intoxicating liquor, is exempt from the prohibition under section 1 of the 2012 Law.
 
Exemption for certain home-brewed products.
2.      (1)       Subject to subsection (2), the following are also exempt from the prohibition under section 1 of the 2012 Law –
 
(a)      the production or manufacturing of any home-brewed cider or home-brewed beer produced by an individual, not exceeding 10 hectolitres in aggregate of cider and beer produced in any period of 12 months, and
 
(b)      the production or manufacturing of any other home-brewed alcoholic product produced by an individual, not exceeding 5 hectolitres in any period of 12 months.
 
(2)      The exemption in subsection (1) applies only where –
 
(a)      the individual producing or manufacturing the cider, beer or other alcoholic product is 18 years of age or older,
 
(b)      the cider, beer or other alcoholic product is produced or manufactured solely for personal consumption and not for sale or supply for any consideration, and
 
(c)      none of the cider, beer or other alcoholic product is sold or otherwise supplied for any consideration.
 
Repeal of the 2017 Ordinance.
3.      The Regulation of Production of Alcoholic Products (Commencement and Exemptions) (Sark) Ordinance, 2017[b] is repealed.
 
Interpretation
4.      (1)      In this Ordinance –
 
"the 1972 Law" means the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972[c],
 
"the 2012 Law" means the Regulation of Production of Alcoholic Products (Sark) Law, 2012,
 
"beer" has the meaning given by the Fourth Schedule to the 1972 Law,
 
"cider" has the meaning given by the Fourth Schedule to the 1972 Law, and
 
"home-brewed", in relation to any cider, beer or other alcoholic product produced or manufactured by an individual, means cider, beer or other alcoholic product produced or manufactured in the home of the individual.
 
(2)      The Interpretation (Guernsey) Law, 1948[d] applies to the interpretation of this Ordinance.
 
(3)      Any reference in this Ordinance to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.
 
Citation.
5.      This Ordinance may be cited as the Regulation of Production of Alcoholic Products (Commencement and Exemptions) (Sark) Ordinance, 2018.
 
Commencement of 2012 Law.
6.      (1)      Subject to subsection (2), the 2012 Law shall come into force on the 30th January, 2018.
 
(2)      Sections 1 and 16(1) of the 2012 Law shall come into force on the 1st May, 2018.
 
Commencement of this Ordinance.
7.      This Ordinance shall come into force on the 30th January, 2018.
 

[a]

Order in Council No. VIII of 2013; as amended by Sark Ordinances No. II of 2015 and No. I of 2017.

[b]

Sark Ordinance No. XV of 2017.

[c]

Ordres en Conseil Vol. XXIII, p. 573; as amended by Vol. XXIV, p. 87; Vol. XXXI, p. 278; Vol. XXXIII, p. 217; Order in Council No. X of 2004; No. XIV of 2007; No. II of 2010; No. XV of 2012; Ordinance Nos. XXXV and XLVIII of 2007; No. XL of 2015; Nos. IX and XXXI of 2016. There are other amendments not relevant to this Ordinance.

[d]

Ordres en Conseil Vol. XIII, p. 355.