Statutes of Newfoundland 1994

RSN 1990 cL-18 as amended

(3) An inspector appointed under subsection (1) has, for the purpose of enforcing this Act, the powers of a member of the Royal Newfoundland Constabulary.

Non-application

20. (1) Notwithstanding another provision of this Act, this Act shall not apply to beer and wine that is made or brewed by a person for personal or family consumption.

(2) Subsection (1) shall not apply to beer or wine made or brewed on premises, in containers and using facilities, equipment, machinery or utensils that are rented or for which a fee is paid for the purpose of making or brewing that wine or beer.

(6) The board shall refuse to issue a licence to a person or shall cancel the licence of a licensee who has been convicted of an offence under section 124.1.

Powers of officers

88. (1) Where it is reasonably necessary for the purpose of ensuring that premises are administered and alcoholic liquor is kept and controlled in compliance with this Act, an officer may, at reasonable times, enter a ship, boat, building or place of business of a licensee or upon the premises where that licensee's alcoholic liquor or records are kept and may

and the person occupying or in charge of the ship, boat, building, place of business or premises shall answer questions pertaining to those matters and shall produce for inspection that alcoholic liquor and those bank statements, books of account, records, financial statements, including balance sheets and profit and loss statements, or other documents that the officer may request.

(2) An officer acting under subsection (1) may on any occasion and for the purpose of analysis, take from a ship, boat, building, place of business or premises samples of liquor not exceeding a total volume of 1 litre.

(3) A certificate of an analyst appointed under section 115 stating that the analyst has made an analysis of a sample of alcoholic liquor taken under subsection (2) or seized under section 89 or 90 stating the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.

(4) All samples taken under this section may be disposed of as the liquor corporation directs.

Search for alcoholic liquor or records

89. (1) Where an officer believes on reasonable grounds that a person is contravening or has contravened this Act, the officer may, with a warrant issued under subsection (2), enter a commercial, public or private premises in the province, and

(2) A Provincial Court judge or justice of the peace who is satisfied upon oath or affirmation that there are reasonable grounds for believing that there is in commercial or private premises anything that will provide evidence with respect to a contravention of this Act may issue a warrant authorizing the officer named in the warrant to enter the commercial or private premises, search for and seize anything that will provide evidence with respect to a contravention of this Act, subject to the conditions that may be specified in the warrant.

(3) The owner or person in charge of the premises referred to in this section and a person found there shall give an officer reasonable help to enable the officer to carry out his or her duties and functions under this section and shall provide the information that the officer may reasonably require.

(4) Notwithstanding subsection (1), an officer may exercise the power of search referred to in that subsection without a warrant issued under subsection (2) where the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

(5) For the purpose of subsection (4), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

(6) For the purpose of this section, the word "premises" includes a receptacle or container that is not a motor vehicle or trailer.

Seizure of contraband

90. Where an officer believes on reasonable grounds that a person is in possession of contraband, he or she may, without a warrant, stop and detain in the province a motor vehicle, aircraft, ship or boat, in which he or she has reasonable grounds to believe that contraband is located and may examine the contents of that motor vehicle, aircraft, ship or boat, including cargo, manifests, records, accounts, vouchers, papers or other things that may provide evidence that the motor vehicle, aircraft, ship or boat is carrying contraband and may

Disposal

91. (1) Thirty days following its seizure, alcoholic liquor seized as contraband under section 89 or 90 shall be forfeited to the liquor corporation and may be disposed of as the liquor corporation directs.

(2) The proceeds of sale from alcoholic liquor directed to be sold by the liquor corporation under subsection (1) shall, after payment of costs incurred by the liquor corporation in seizing, impounding, holding and disposing of the alcoholic liquor, be paid to the liquor corporation.

(3) Where a person from whom contraband or a motor vehicle, aircraft, ship, boat or other thing has been seized under section 89 or 90 is convicted of an offence under section 124.1 in relation to that seizure, that contraband, if not forfeited under subsection (1), and that motor vehicle, aircraft, ship, boat or other thing shall be forfeited to the liquor corporation to be disposed of as the liquor corporation directs.

(4) The proceeds of sale from the sale of contraband, a motor vehicle, aircraft, ship, boat or other thing directed to be sold under subsection (3) shall, after payment of costs incurred by the liquor corporation in seizing, impounding, holding and disposing of them, be paid to the liquor corporation.

(5) A person from whom a motor vehicle, aircraft, ship, boat or other thing has been seized under section 89 or 90 who is not convicted of an offence under section 124.1 in relation to that seizure shall have that item returned to him or her within 3 months from the date of the court proceedings at which the finding of not guilty was made unless further proceedings by way of appeal have been commenced.

(6) A person from whom alcoholic liquor seized as contraband has been seized under section 89 or 90 or sold under subsection (1) who is not convicted of an offence under section 124.1 in relation to that seizure or sale and who establishes to the satisfaction of the liquor corporation that the alcoholic liquor is not contraband and is his or her property may apply to the liquor corporation to have the property returned to him or her or for reimbursement of the value of that alcoholic liquor and the liquor corporation shall return that property to him or her or shall pay out to that person an amount equal to the value of the alcoholic liquor that was his or her alcoholic liquor at the time of its seizure plus interest.

Third party claims

92. (1) A person, other than a person accused of an offence relating to a seizure under section 89 or 90 who claims an interest in a motor vehicle, aircraft, ship, boat or other thing seized under those sections, as an owner, lienholder or holder of a like interest may, within 30 days after that seizure, apply to a Provincial Court judge for an order under subsection (2).

(2) If, on the hearing of an application under subsection (1) a Provincial Court judge is satisfied that the applicant has not been involved in the offence resulting in the seizure and has not colluded with an accused in relation to the offence, the judge may order that a seized motor vehicle, aircraft, ship, boat or other thing be returned to the applicant at a time and subject to conditions to be specified by the judge.

(3) Where a Provincial Court judge orders that a motor vehicle, aircraft, ship, boat or other thing be returned to an applicant under subsection (2), he or she shall order that applicant to post a bond or other form of security in an amount satisfactory to the judge, but not less than the market value of the seized item, pending a final resolution of proceedings commenced under this Act.

(4) Where a person from whom a motor vehicle, aircraft, ship or boat has been seized under section 89 or 90 is convicted of an offence under section 124.1, a bond or other security posted under subsection (3) shall be forfeited to the liquor corporation.