Commercial Permits Regulations (Alcohol) Rules 2024

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COMMERCIAL PERMITS REGULATIONS (ALCOHOL) RULES 2024 Date of Adoption: [] 2024 The Registrar of the Abu Dhabi Global Market, in implementation of the provisions of section 2(4) of the Commercial Permits Regulations 2024, hereby makes the following rules:

1. Citation and interpretation
   (1) These Rules may be cited as the Commercial Permits Regulations (Alcohol) Rules 2024. (2) These Rules will come into force on:
   (a) the day after the expiry date of a permit to sell alcohol issued by the Registrar for any person that has been selling alcohol in the Abu Dhabi Global Market prior to the publication of these Rules; and (b) the date of publication of these Rules for any person that intends to sell alcohol in the Abu Dhabi Global Market but has not done so prior to the publication of these Rules or has done so without a permit to sell alcohol. (3) In these Rules, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor in any state, as may be further described by the relevant Competent Body responsible for the sale of alcohol in Abu Dhabi, but excludes any liquor of 0.5% strength or below at the time of the sale or supply in question, perfume, flavouring essence, alcohol which is, or is included in, any medicine, denatured alcohol (methylated spirits) or alcohol contained in liqueur confectionery; “Alcohol Permit” means a permit issued by the Registrar to a person permitting the sale of alcohol in the Abu Dhabi Global Market; “Competent Body” means any UAE or Emirate of Abu Dhabi governmental or regulatory authority; “Landlord” means any property, hotel, resort, hotel apartment, or shopping centre located within the geographical boundaries of the Abu Dhabi Global Market that has leased premises to the Alcohol Permit holder and from where the sale of alcohol will take place; “Regulations” means the Commercial Permits Regulations 2024; “sale of” (including “sell” and “selling”) alcohol refers to the sale of alcohol for retail purposes or by food and beverage establishments for immediate consumption at their premises; and “Standard Fines Scale” means the standard fines scale set out in the Commercial Licensing Regulations (Fines) Rules 2020, as amended.
2. Application
   These Rules apply to:

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(a) subject to Rule 1(2)(a), every person that is, on the date of publication of these Rules, selling alcohol in the Abu Dhabi Global Market; and (b) every person that intends to sell alcohol in the Abu Dhabi Global Market.
3. Registrar’s Authority
(1) The Registrar shall be the sole authority to issue Alcohol Permits. (2) The Registrar shall set the conditions to be met to obtain and maintain an Alcohol Permit. (3) Subject to Part 3 of the Regulations, the Registrar may, in its sole discretion, suspend or revoke any Alcohol Permit issued under subsection (1) of this Rule. (4) The Registrar may, at its sole discretion, impose any such conditions, limitations or restrictions on an Alcohol Permit issued by the Registrar under these Rules. (5) The Registrar may issue guidance to supplement these Rules. (6) The Registrar may inspect the premises of the holder of any Alcohol Permit or any person selling alcohol within the geographical boundaries of the Abu Dhabi Global Market to ensure compliance with these Rules and the Regulations.
4. General Requirements
(1) A person who seeks to sell alcohol in the Abu Dhabi Global Market must:
(a) hold a valid commercial licence issued by the Registrar; or (b) hold a valid commercial licence issued by a Competent Body and a valid temporary permit to conduct business in the Abu Dhabi Global Market issued by the Registrar; and (c) obtain an Alcohol Permit before selling alcohol. (2) The Registrar may, in its discretion, determine the period of validity of the Alcohol Permit.
5. Application for an Alcohol Permit
(1) An application for an Alcohol Permit may be made to the Registrar by a body corporate. (2) An applicant for an Alcohol Permit must:
(a) complete an application in the form prescribed by the Registrar from time to time in accordance with the requirements of these Rules, and any guidance issued under these Rules, and submit that application to the Registrar with any other information in writing as may be required by the Registrar; (b) provide the Registrar with a floor plan of the premises from which the sale of alcohol will take place; (c) provide the Registrar with a no objection letter issued by the Landlord permitting the sale of alcohol from the Landlord’s premises, if applicable;

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(d) provide the Registrar with any additional information it may require; and (e) pay such fee or fees in connection with the application as set out in rules made by the Board. (3) When reviewing an application for an Alcohol Permit, the Registrar may take into account:
(a) matters of public health and safety;
(b) location of the premises and the surrounding environment; (c) matters of cultural sensitivity; and (d) any other matter that the Registrar deems relevant. (4) An applicant may withdraw the application by giving the Registrar written notice at any time before the Registrar determines it. (5) Failure to comply with Rule 5 by failing to obtain an Alcohol Permit prior to commencing the sale of alcohol within the Abu Dhabi Global Market will be considered a contravention of these Rules and any such person selling alcohol within the Abu Dhabi Global Market without an Alcohol Permit will be liable to a fine up to level 8 on the Standard Fines Scale for each contravention.
6. Renewing an Alcohol Permit
(1) If an Alcohol Permit holder continues to sell alcohol in the Abu Dhabi Global Market after the expiry of a previously issued Alcohol Permit, the Alcohol Permit is responsible for:
(a) renewing the Alcohol Permit in accordance with the requirements in Rule 5(2) and subject to Rule 5(3) prior to the expiry of the previously issued Alcohol Permit; and (b) paying all fees related to the renewal of such Alcohol Permit. (2) A delay in filing an application for the renewal of an Alcohol Permit will attract, in addition to the applicable renewal fee, a late filing fee as may be prescribed in rules by the Board. (3) Failure to comply with Rule 6 by failing to renew an Alcohol Permit more than 120 calendar days after the expiry date of the Alcohol Permit while the Alcohol Permit holder continues to sell alcohol within the Abu Dhabi Global Market will be considered a contravention of these Rules and the Alcohol Permit holder will be liable to a fine up to level 8 on the Standard Fines Scale for each contravention.
7. General Conditions of Alcohol Permits
(1) An Alcohol Permit holder must at all times– (a) hold a valid commercial license issued by the Registrar; or (b) hold a valid commercial licence issued by a Competent Body and a valid temporary permit to conduct business in the Abu Dhabi Global Market issued by the Registrar; and

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(c) comply with any conditions of the Alcohol Permit issued by the Registrar. (2) Failure to comply with these Rules may result in a contravention pursuant to the Regulations.
8. Discontinuance of Selling Alcohol
Where an Alcohol Permit has expired or has been suspended or revoked by the Registrar, the person to whom it was granted must immediately discontinue the sale of alcohol in the Abu Dhabi Global Market.