Applying the excise licence

Regulations, Procedures and Required Documents in applying the excise licence,

Applying the excise licence

Persons who may be applied the excise licence

1. According to the Myanmar Excise Rules 7.A (1) (2) (3) a licence may only be granted to the following ones;

1. A person who hold the Citizenship scrutiny card/ National Identity Card;
2. A body incorporated under the Myanmar Companies Act;
3. A partnership or Firm

2. According to the Myanmar Excise Rules 33.A (2), the following black-listed persons must not be granted for excise licences -

1. Any person who is convicted of any non-bailable offence by a Criminal Court;
2. Any person who is an insolvent;
3. Any person who has been convicted of any offence under the Myanmar Excise Act;
4. Any person who, having held an Excise licence, has had that licence cancelled for failing to pay all or any of his licence fees;
5. Any person who, having held an Excise licence, has had that licence cancelled for having committed any breach of the Myanmar Excise Act, or of the rules made thereunder, or the conditions of his licence; and
6. Any person reasonably believed to have been in the habit of participating in auctions for the purpose of extorting money from other bidders.

3. Previously, the excise licenceshall be granted for a period of calendar year.According to the Revised Rules on the Myanmar Excise Rules declared by the Ministry of Home Affairs, Notification No. 542/2011, dated of October 4, 2011, excise licenceshall be granted for a period of financial year, starting from 2012-2013 financial year. Nowadays, the duration of excise licence is the twelve months from the 1st April to the 31st March of the next year.

The required documents in applying the excise licence

4. Since the excise licence shall be granted for a period of financial year, any person who would like to get the excise licenceshall apply with the required documents at the relevant Township General Administration Department -

1. An application of the applicant;
2. A photocopy of the citizenship scrutiny card/ National Identity Card of the applicant;
3. The recommendation of the administrator of the relevant Ward or Village tract;
4. The recommendation of the relevant Police station;and
5. The approval of no objection by the surrounding people nearby.

Other Required Documents

5. If the company or firm which joint with the Myanmar Citizen apply the excise licence, it shall be needed the following additional documents-

1. The permission of the Myanmar Investment Commission;
2. The delegated document for assigning any person on behalf of Company or firm;
3. The photocopy of certificate of organizing of the company or firm.

The procedure to grant the excise licence

6. On receving the application of excise licence, the Township Administrator of the Township General Administration Department shall register, visit if the land is in accordance with the Excise Act and Rules, inform to public for any objection/ notice letter and submit the application as case file to the District General Administration Department with the attachement of the approval of the Township Excise Advisory Committee.

7. The District Administrator must scrutiny case by case whether cases are completed with necessary documents and regulations and then report to the relevant Nay Pyi Taw, Region/ State General Administration Department.

8. Nay Pyi Taw, Region/ State General Administration Department must also scrutiny the cases and put forward to General Administration Department(Head Office) after receiving the recommendation for the suitable amount of excise licence which should be granted by relevant Region/ State Government and Nay Pyi Taw Council.

9. The Geneal Administration Department (Head Office) has to scrutiny the annual Excise Plansubmitted by Nay Pyi Taw, Region/ State General Administration Department, and then submits to the Geneal Administration Department Executive Committee Meeting. According to that meeting decision, it is submitted to the Union Minister for Ministry of Home Affairs.

10. After getting the approval by Union Minister for Ministry of Home Affairs, the Geneal Administration Department(HeadOffice) takes out the permission to Nay Pyi Taw, Region/ State General Administration Department and relevant District Administrator issues the excise licence.

11. In granting the excise licence,it is limited the number of excise licence in accordance with the Excise Principle and Excise Policy and reduced the licence year after year. Therefore, it is not permitted no more than the amount of licencepervious financial year.

General Conditions and Regulations obliged by licence-holders

12. Every licence-holder shall obey following general conditions-

1. to keep and sell the alcoholic liquor intended for sell under the licenceon the premises in respect of which the licence is granted;
2. not to keep and sell on the licensed premises any alcoholic liquor other than of the description for which the licence is granted;
3. to open and close the vend of liquor in the licecnsed premises for sale within prescribed time;
4. to hang the licence with the frame to be seen by others;
5. not to employ on the licensed premises to assist the vend of liquor any person below the age of 16 years, any person suffering from an infectious or contagious disease;
6. not knowingly to sell or dispose of any alcoholic liquor to any soldier, Police Officer, Excise Officer in uniform, any railway servant on duty, any insane person, any intoxicated person or any person below the age of 18 years;
7. not to receive any wearing apparael or other effects in barter for liquor;
8. not to sublet the licensed premises or transfer the licence to any other person without the permission in writing of the Collector ; and
9. toproduce the licence on the demand of any Excise Officer.

The Provisions of Excise Act

13. Licences may not be granted for the retail vend on the same premises of any two, or more than two, of the following four classes of spirit and fermented liquor-

1. Foreign alcoholic liquor;
2. Country spirit;
3. Country fermented liquor other than tari;
4. Tari.

Provided that, in Upper Myanmar Districts, the Collector (District Administrator) may, with the prior sanction of the Commissioner(Nay Pyi Taw, Region/ State Administrator), grant licences for the retail vend of tari, and country spirit upon the same premises.

14. A shop for the retail vend of potable alcoholic liquor shall not be inaccessible to person requiring such liquor, but it shall not be in such a position as to obtrude itself on the attention of the public, or to subject the public to annoyance from person drinking and shall not be the entranceof any place of public resort,e.g, public market, factory, hospital, school, monastery, pagoda or other place of public worship.

15. A licence for the retail vend in a public house of country fermented liquor other than tariand a licence for the retail vend in a public house of foreign alcoholic liquor to be drunk on the premises shall not be granted for shops within 100 yards of each other.

16. The licence-holder shall open and close the premises following table -

No. Type of Licence Time of opening Hour of closing

Provided that, if he thinks fit, the Collector (District Administrator) may-

1. In seaport towns, in the case of licences, CFL-1, CFL-2, CS-1, FL-7, FL-9, FL-10 and FL-13, extend the hours of closing to 10 p.m;
2. In the case of licences , FL-17, CS-2A and CFL-2, fix the closing hours at any hour between 6 p.m and 11 p.m;
3. In the case of licences CFL-1, CFL-2, CS-1, CS-2, CS-3, FL-7, FL-9, FL-10 and FL-13 at the time of issue, and with the previous sanction of the Commissioner (Nay Pyi Taw, Region/ State Administrator), prescribe earlier hours of closing than those entered in the table above;
4. In the case of licences , FL-12, the Collector (District Administrator) may, with the previous sanction of the Commissioner (Nay Pyi Taw, Region/ State Administrator) extend the hours of closing up to 8 p.m, on specified dates and for special reasons.

17. Any shop in which any excisiable article is sold shall be closed at such times and for such periods as the District Magistrate or the Commissioner of Police/ Region/ State Chief of Police,by notice in writing to the licence-holder,may think necessary for the sake of public peace.

18. If a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, such shop to be kept closed for such period as a Magistrate of any class or Excise or Police Officer above the rank of a peon or constable who is present may think necessary.

19. Provided that where any riot or unlawful assembly occurs, the licence-holdershall close his shop without any order from such Magistrate or excise or police officer.