CHAPTER 50:01
TOURISM AND HOTELS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Establishment of Board

   4.   Policy

   5.   Licences

   6.   Functions of the Board

   7.   Conditions under which the licence shall be granted

   8.   Transfer of licence

   9.   Cancellation of licence

   9A.   Closure of premises and seizure of food, etc.

   9B.   Forfeiture, cancellation and other orders

   10.   Classification or re-classification of hotels

   11.   Right to be heard

   12.   Appeals

   12A.   Appeals committee

   12B.   Powers of appeals committee

   13.   Power to obtain information

   14.   Register of guests

   15.   Power to make regulations

   16.   Application of Act, etc., to other enterprises

   17.   Saving

51 of 1965
18 of 1969
37 of 1970
11 of 1971
8 of 1980
39 of 1981
1 of 2003

An Act to provide for the control and management of hotels, the establishment of a Tourism and Hotels Board and other matters incidental thereto

[8TH MARCH 1968]

1.   Short title

   This Act may be cited as the Tourism and Hotels Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

   “Board” means the Tourism and Hotels Board established under section 3;

   “hotel” includes a boarding-house and any other building or premises used for the accommodation of the public in which lodgings are provided and provisions are supplied by the keeper or manager thereof, but does not include any hostel or any school or any other premises or class of premises exempted from this Act by the Minister;

   “hotel-keeper” means any person to whom a licence to keep or manage an hotel has been issued under section 5, and includes any person to whom a licence has been transferred under section 8;

   “licence” means a licence issued under section 5;

   “member” includes the Chairman of the Board;

   “register” means the register kept by an hotel-keeper in accordance with section 14 (1).

3.   Establishment of Board

   (1) There is hereby established a board to be known as the Tourism and Hotels Board.

   (2) The Board shall consist of a chairman and not less than five other members appointed by the Minister.

   (3) Subject to a power or revocation of appointment by the Minister, every member shall hold office for a period of two years from the date of his appointment but shall be eligible for reappointment.

   (4) Four members shall constitute a quorum at any meeting of the Board. In the absence of the chairman the members present shall elect one of the number to act as chairman.

   (5) The chairman at any meeting shall, in addition to his deliberative vote as a member of the Board, have a casting vote.

4.   Policy

   The Board may, where necessary, seek the general direction of the Minister on the manner in which it is to carry out its duties under this Act.

5.   Licences

   (1) No person shall use any premises as an hotel unless he has previously obtained a licence from the Board authorizing that the premises be used as an hotel.

   (2) No person shall keep or manage an hotel unless he has previously obtained a licence from the Board authorizing him to keep or manage an hotel.

   (3) Every licence shall commence on the day on which it is expressed to commence and, unless previously cancelled or otherwise determined, shall expire on the thirty-first day of December next following the date of its commencement.

   (4) Any person who keeps or manages an hotel without a valid licence, or who, not being the holder of a valid licence, publicly uses, or permits to be used, the word “hotel” in relation to any premises of which he is the owner or occupier, shall be guilty of an offence and liable to a fine of K20,000 and to imprisonment of one year.

   (5) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine of K50,000 and to imprisonment for two years.

6.   Functions of the Board

   (1) The functions of the Board shall be to control and regulate the tourism industry.

   (2) Without prejudice to the generality of subsection (1), the Board shall—

   (a)   grant licences under section 5;

   (b)   consent to transfer of licences under section 8;

   (c)   vary, cancel or suspend licences under section 9; and

   (d)   classify or reclassify hotels under section 10.

7.   Conditions under which the licence shall be granted

   (1) No licence shall be granted by the Board unless the applicant satisfies the Board that the conditions specified in this section are fulfilled.

   (2) The conditions to be fulfilled for the purposes of this section are that—

   (a)   the applicant is of good character and is a person capable of keeping or managing an hotel;

   (b)   the premises in respect of which the application is made are structurally adapted for use as an hotel, and are in all respects suitable for such use;

   (c)   proper provision has been made for the sanitation of the hotel;

   (d)   proper provision has been made for the hotel to be conducted in an efficient manner;

   (e)   proper provision has been made for the storage, preparation, cooking and serving of food in the hotel; and

   (f)   the premises in respect of which the application is made comply with the requirements of the Public Health Act and any subsidiary legislation made thereunder.

   (3) The Board may attach to any licence such additional conditions as the Board may, in its discretion, and having regard to all the circumstances of the case, deem expedient.

8.   Transfer of licence

    A licence may, with the consent of the Board previously obtained, be transferred to any person who is of good character and is capable of keeping or managing an hotel.

9.   Cancellation of licence

   Where it is made to appear to the Board that—

   (a)   an hotel is being conducted in an unclean or insanitary manner;

   (b)   an hotel is not being conducted in an efficient manner;

   (c)   the food served in an hotel is not properly prepared, cooked or served, or;

   (d)   an hotel is being used for prostitution or for other unlawful activities; and

   (e)   any condition specified in section 7 (2) or (3) is not, or has ceased to be, complied with,

then the Board, by notice in writing, may require the hotel-keeper to remedy the defect within such period, not exceeding ninety days, as may be specified in such notice and if the hotel-keeper fails to remedy the defect to the satisfaction of the Board within the specified period, the Board shall cancel the licence in respect of such hotel.

9A.   Closure of premises and seizure of food, etc.

   (1) Where the Board believes, on reasonable grounds, that this Act, has been contravened, in the circumstances spelt out in section 5, section 9 or otherwise, the Board may, subject to subsection (2) and in consultation with relevant authorities, order—

   (a)   the closure of any premises; and

   (b)   the seizure of any food, except perishables, equipment, instrument or any other thing, by means of, or in relation to which, the Board reasonably believes the contravention was committed.

   (2) The closure of any premises shall cease, and any food, equipment, instrument or any other thing shall not be detained, after the provisions of this Act have, in the opinion of the Board, been complied with, unless before that time court proceedings have been instituted in respect of the contravention, in which event the premises shall remain closed and the food, equipment, instrument or other thing may be detained until the proceedings are finally concluded.

   (3) Where a person has been found guilty of an offence under this Act, any food, equipment, instrument or other thing by means of or in relation to which the offence was committed may, in addition to any other penalty imposed by the court, be forfeited, and may be disposed of in such manner and at such time and place, as the court may direct; but no such food, equipment, instrument or other thing shall be disposed of pending an appeal against the decision of the court or before the time within which the appeal may be taken has expired.

9B.   Forfeiture, cancellation and other orders

   (1) Where a court convicts a person for an offence under this Act, the court may, in addition to any other sentence, order that—

   (a)   any substance or equipment used in the commission of the offence be forfeited to the State and be disposed of as the court directs;

   (b)   the costs of disposing of any such substance or equipment be borne by the accused person;

   (c)   some or all of the reasonable cost of and incidental to any testing or analysis or other steps undertaken by or on behalf of the prosecution to investigate the alleged offence and obtain evidence, be borne by the accused person; or

   (d)   a licence granted to the person convicted under this Act be cancelled.

   (2) If a person is convicted for a second or subsequent time of an offence under this Act the court may, in addition to any other sentence, order that the person convicted be disqualified from holding a licence under this Act for a period not exceeding two years.

10.   Classification or re-classification of hotels

   (1) The Board shall classify every hotel, in respect of which a licence is granted, in a class or grade conformable with the standard with which the hotel is, or is intended or is likely to be, kept, managed or conducted; and in so classifying any hotel the Board shall take into consideration the extent to, and the manner in, which the several conditions specified in section 7 (2) are, or are intended or are likely to be, complied with.

   (2) Where it is made to appear to the Board that an hotel is being kept, managed or conducted in a manner conformable with a standard which is superior to the standard of an hotel of the class in which such hotel is classified, the Board may, upon giving notice thereof to the hotel-keeper, remove the name of the hotel from such class and place it in a higher class.

   (3) Where it is made to appear to the Board that an hotel is not being kept, managed or conducted in a manner conformable with the standard of an hotel of the class in which such hotel is classified, the Board may, upon giving notice thereof to the hotel-keeper, remove the name of such hotel from such class and place it in a lower class:

   Provided that any re-classification of an hotel under this section shall not take effect until the expiration of not less than thirty days from the date of the service of the notice of reclassification.

11.   Right to be heard

   The Board shall not refuse any application for a licence under section 5, or any application for a transfer under section 8, nor shall it cancel or suspend the licence of an hotel-keeper under section 9, nor classify or re-classify an hotel under section 10, unless the applicant, the proposed transferee or hotel-keeper, as the case may be, or a legal practitioner appearing on behalf of any such person, has been furnished by the Board with particulars of the contents of any complaint made to the Board and has been given an opportunity of appearing before the Board and of being heard in support of the application, or in opposition to the cancellation, suspension, classification or re-classification, as the case may be.

12.   Appeals

   Any person who is aggrieved by—

   (a)   any refusal, cancellation, suspension, revocation or variation of a licence issued under this Act; or

   (b)   any decision directly applicable to him taken by the Board or any person exercising powers under this Act,

may within thirty days appeal in writing to the Minister who shall appoint an appeals committee for the purpose of hearing the appeal in question.

12A.   Appeals committee

   (1) An appeals committee shall consist of—

   (a)   one person who has expert knowledge in the issues raised in the appeal, appointed by the Minister;

   (b)   one person representing the tourism industry, appointed by the Minister;

   (c)   one legal practitioner, appointed by the Minister;

   (d)   the Secretary responsible for tourism or his representative; and

   (e)   one member of the Board, appointed by the Board.

   (2) The person appointed under subsection (1) (a) shall be chairman of the appeals committee.

   (3) Members of the appeals committee shall be paid such an allowance as the Minister shall determine.

   (4) The Board may make provision for reimbursement of any reasonable expense incurred by a member of the appeals committee in connexion with the business of the appeals committee.

12B.   Powers of appeals committee

   (1) An appeals committee shall have, in relation to the hearing of any appeal, the power to—

   (a)   confirm, set aside, vary, alter, reverse or amend the decision which is the subject of the appeal;

   (b)   refer the relevant matter back to the Board for its reconsideration;

   (c)   order persons to attend and give evidence or to produce or give discovery and inspection of documents in like manner as in proceedings in the High Court:

   Provided that the appeals committee may, in its absolute discretion admit evidence which would not be admissible in a court of law and may use evidence contained in any official record and may call evidence of its own motion;

   (d)   make such order as it may deem fit; and

   (e)   do all things which it is required or empowered to do by or under this Act.

   (2) The decision of the appeals committee on any appeal shall be—

   (a)   made in writing;

   (b)   sent to all the parties to the appeal; and

   (c)   made available for public inspection.

   (3) Any person who, having appealed under section 12, is aggrieved by the decision of the appeals committee may, within thirty days thereof, apply to the High Court for judicial review of the decision of the committee.

13.   Power to obtain information

   Any member of the Board, or any person authorized in writing by the Board in that behalf, may at all reasonable times enter and inspect the premises of an hotel and may require the hotel-keeper to furnish such information as may be necessary to enable the Board to carry out its functions.

14.   Register of guests

   (1) Every hotel-keeper shall keep a register for the purpose of showing the name of every resident guest and such other particulars as may be prescribed.

   (2) Every hotel-keeper shall—

   (a)   present the register to every guest who proposes to stay at his hotel and shall request the guest to write his name in the register together with such other particulars as may be prescribed; and

   (b)   present the register for inspection when so requested by any member of the Board, by any person authorized by the Board under section 13, or by any police officer of or above the rank of Inspector.

   Any hotel-keeper who fails to comply with this subsection shall be liable to a fine of K10,000.

   (3) Any guest who proposes to stay at an hotel and who fails to write his name or any other prescribed particulars in the register, or who makes in any register a statement or entry knowing the same to be false, shall be liable to a fine of K5,000 and to imprisonment for three months.

15.   Power to make regulations

   (1) The Minister may make regulations for carrying this Act into effect.

   (2) In particular and without prejudice to the generality of the foregoing power, such regulations may be made—

   (a)   prescribing the form of any licence under this Act and, after consultation with the Minister of Finance, the fees, if any, payable therefor;

   (b)   providing for the classification or reclassification of hotels and all matters incidental thereto;

   (c)   fixing the maximum charges or enabling the Board to fix the maximum charges, which may be made by an hotel-keeper to guests staying in his hotel and providing for the posting-up by hotel-keepers of lists giving particulars of the maximum charges to such guests, or providing for different maximum prices to be fixed for different hotels, regard being had to the class to which an hotel belongs;

   (d)   providing for returns to be supplied from time to time by hotel-keepers to the Board or to any person authorized by the Board in that behalf, showing the number of guests staying at any hotel;

   (e)   prescribing the form of the register to be kept under section 14;

      (ee)   providing, after consultation with the Minister of Finance, for the establishment of tourism funds; and

   (f)   prescribing any other matter which is required or is necessary to be prescribed under this Act.

   (3) Any regulation made under this Act may, notwithstanding the provisions of section 21 (e) of the General Interpretation Act prescribe a fine of up to K200,000 and imprisonment for up to two years for an offence committed against any provision of such regulation.

16.   Application of Act, etc., to other enterprises

      (1) The Minister may, by order published in the Gazette, apply the provisions of this Act to such enterprises, other than hotels, as he may specify in such order, and in such event those provisions shall mutatis mutandis, apply to any such enterprise.

   (2) Any order made under subsection (1) may contain such incidental or consequential provisions as the Minister deems fits.

17.   Saving

   Nothing in this Act shall be deemed to affect the Liquor Act:

   Provided that where the Board refuses to issue, or cancels or suspends a licence in respect of an hotel under this Act any licence issued under the Liquor Act to such hotel shall, as from the date of such refusal, cancellation or suspension, and during the period of such refusal, cancellation or suspension, be of no force or effect.

SUBSIDIARY LEGISLATION

HOTELS REGULATIONS

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Interpretation

   3.   Forms of application

   4.   Procedure on application

   5.   Consideration of application

   6.   Grant of licence

   7.   Notification on change of ownership

   8.   Classification of hotels

   9.   Factors governing classification

   10.   Issue of notice of classification

   11.   Maximum charges fixed by the Board

   12.   Excessive charges an offence

   13.   List of charges to be displayed

   14.   Notice of classification to be displayed

   15.   Bedrooms to be numbered

   16.   Right to services

   17.   Monthly rates

   18.   Accommodation in a double room

   19.   Additional fees prohibited

   20.   Charges for full board terms

   21.   Bill to be supplied

   22.   Signature of notices etc., issued by the Board

   23.   Power of inspector

   24.   Particulars of classification to be published

   25.   Penalties

       Schedule

G.N. 52/1968
176/1971
10/1974
12/1982
25/2009

HOTELS REGULATIONS

under s. 15

1.   Citation

   These Regulations may be cited as the Hotels Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires—

   “accommodation” means the supply of a bed with clean, sufficient and suitable mosquito net, linen, bed-cover, and other bedding and includes the cleaning of the bedroom and any other supply or service which may reasonably be expected in an hotel of the class to which the licence relates;

   “application” means an application under these Regulations;

   “bath” includes the supply of adequate hot water, soap, towels, and cleaning of the bath and bathroom;

   “full board” means accommodation, early morning tea, breakfast, luncheon, afternoon tea, dinner and bath.

   “tourism enterprise” includes any business or undertaking that provides or offers goods and services for tourists, travellers and excursionists.

3.   Forms of application

   (1) Any person required by the Act to obtain a licence to keep or manage an hotel shall submit an application to the Board in Form 1 in the Schedule.

   (2) Any person required by the Act to renew such licence shall submit an application to the Board in Form 2 in the Schedule.

   (3) Any person desiring to have such licence transferred shall submit an application to the Board in Form 3 in the Schedule.

4.   Procedure on application

   (1) Upon receipt of an application the Board shall satisfy itself that the particulars set out therein are correct and shall cause such investigation or inspection of the premises concerned to be made as the Board may consider necessary.

   (2) Upon receipt of an application, the Board shall send a notice to the applicant acknowledging such receipt and specifying the date and place on and at which the Board will consider such application.

5.   Consideration of application

   Upon the date appointed for the consideration of an application, the Board shall consider the particulars set out therein together with such reports of inspections and investigations as may have been called for, and, after making recommendations on the matter to the Minister and having received the Minister’s approval, may—

   (a)   grant or refuse a licence;

   (b)   fix the maximum charges to apply to the hotel in question; or

   (c)   permit the hotel to be carried on without a licence for a period not exceeding three months pending further inquiry.

6.   Grant of licence

   The licence granted by the Board in respect of an hotel shall be in Form 4 in the Schedule.

7.   Notification on change of ownership

   When the ownership of an hotel changes, the holder of the licence shall forthwith furnish to the Board particulars of such change.

8.   Classification of hotels

   The Board shall, with the approval of the Minister and in accordance with such principles as the Board may from time to time, by notice, declare, classify hotels into such classes as it may, by notice, specify.

9.   Factors governing classification

   In determining the class to which a particular hotel belongs, the Board shall take into consideration all the factors relevant to the hotel of which it may reasonably become informed and, in particular, the following—

   (a)   the standard of service provided and the degree of efficiency of the management and the staff;

   (b)   the degree of comfort afforded, the quality of the equipment and furnishings, the proportion of the number of bathrooms to the number of bedrooms and the number of private bathrooms in proportion to the total number of bathrooms;

   (c)   the standard of cleanliness throughout the hotel and the sanitary facilities provided;

   (d)   the manner in which food is stored, prepared, cooked and served and the quality and quantity of the food;

   (e)   the structure of the hotel buildings and the amenities provided by or in public rooms, the recreational facilities of the hotel and, where relevant, of its surrounding grounds.

10.   Issue of notice of classification

   The Board shall upon classification of any hotel in accordance with these Regulations, send to the holder of the licence for such hotel a notice in writing in Form 5 in the Schedule informing him of such classification.

11.   Maximum charges fixed by the Board

   (1) The maximum charges which may be fixed by a hotel-keeper to be paid by guests at his hotel shall be furnished to the Board in writing quarterly.

   (2) In fixing the maximum charges under subregulation (1), the hotel keeper shall have regard to, inter alia, the grade awarded to the hotel.

   (3) The Minister may, by order published in the Gazette, cause a specified service charge to be levied on each bill made by a tourism enterprise operator to guests or clients at his tourism enterprise.

   (4) Any service charge levied in accordance with subregulation (3) shall, not later than the 12th day following the end of each calendar month, be paid into the Tourism Marketing fund established in accordance with section 15 (2) (ee) of the Act.

12.   Excessive charges an offence

   Any hotel-keeper who makes any charge for anything in excess of the maximum charge fixed therefor by the Board shall be guilty of an offence.

13.   List of charges to be displayed

   Every hotel-keeper shall cause the list of the maximum charges currently fixed by the Board under regulation 11 for his hotel to be clearly printed and a copy of such list to be displayed in every bedroom and in a conspicuous place at the reception desk of the hotel. Any hotel-keeper who contravenes this regulation shall be guilty of an offence.

14.   Notice of classification to be displayed

   Every hotel-keeper shall cause the current notice of classification sent to him by the Board under regulation 10 to be exhibited in a conspicuous place at the reception desk of the hotel, and he shall not advertise or describe his hotel in any publication, leaflet, brochure, broadcast or otherwise howsoever as being of a higher class than that described in such notice. Any hotel-keeper who contravenes this regulation shall be guilty of an offence.

15.   Bedrooms to be numbered

   Every bedroom shall be numbered and the number allotted to each such room shall be clearly marked on the outside of the door thereof.

16.   Right to services

   Save in conformity with any law or with any special order, direction or instruction given by the Board, no hotel-keeper shall attach any condition, other than a condition for the payment of his lawful charges, to the provision in his hotel of any food, drink, meal, board or other service incidental thereto. Any hotel-keeper who contravenes this regulation shall be guilty of an offence.

17.   Monthly rates

   No hotel-keeper in respect of whose hotel an all inclusive monthly rate for full board has been fixed shall unreasonably refuse to supply full board at such rate to any guest whom he has accepted as a resident in his hotel for a period of one month or more. The keeper of a boarding-house shall include in his tariff of charges an all inclusive monthly rate for full board. Any hotel-keeper or keeper of a boarding-house failing to comply with this regulation shall be guilty of an offence.

18.   Accommodation in a double room

   (1) Where a person occupies a double room because no single room accommodation is available, the hotel-keeper shall not charge such person, in respect of the room, a rate higher than that fixed for single room accommodation:

   Provided that the hotel-keeper may, at any time, request any such person to share a room with another person of the same sex and, if the first mentioned person agrees so to share the room, he shall be charged for accommodation, for so long as the room is shared with the other person, half the price chargeable for a double room; and if, without reasonable cause, he refuses, such first mentioned person may be charged the full price for the double room accommodation.

   (2) Any hotel-keeper who contravenes this regulation shall be guilty of an offence.

19.   Additional fees prohibited

   An hotel-keeper who, in addition to the fixed charge for a room and any service charge levied in accordance with regulation 11 (5), makes any other charge for a room, whether in the form of a booking fee or otherwise, shall be guilty of an offence.

20.   Charges for full board terms

   No guest staying at an hotel on full board terms shall be entitled to any reduction in charges by reason of the fact that he may not have consumed the full number of meals supplied under full board terms.

21.   Bill to be supplied

   An hotel-keeper shall furnish every guest staying in his hotel with a bill showing in detail the item or items supplied and the charge or charges made therefor and, on payment being made, with a receipt duly dated, signed and, where required by law, stamped. Every such bill and receipt shall be numbered consecutively and a carbon copy thereof shall be kept by the hotelkeeper and for one year from the date of issue such copy shall be available for inspection by a member of the Board or any person authorized in writing in that behalf by the Board. Any hotelkeeper failing to comply with this regulation shall be guilty of an offence.

22.   Signature of notices etc. issued by the Board

   Every notice, order or other document issued by the Board shall be signed by the chairman thereof, or by some person authorized in writing by the chairman for the purpose, and when so signed shall for all purposes be deemed to have been duly issued by the Board until the contrary be proved.

23.   Power of inspector

   Any member of the Board or any person authorized in writing by the Board in terms of section 13 of the Act and acting in the course of his duties may—

   (a)   require any hotel-keeper or any of the hotel-keeper’s employees, servants or agents to produce to him any article, books or accounts or other documents relating to the business of the hotel other than profit and loss, trading accounts and balance sheets;

   (b)   investigate any matter arising under the Act; and

   (c)   sieze and detain any article, books or documents relating to the business of any hotel, other than profit and loss, trading accounts and balance sheets, if he has reasonable grounds for suspecting that they contain evidence of the commission of an offence against the Act.

24.   Particulars of classification to be published

   Particulars of any classification or re-classification of an hotel made by the Board under regulation 8 shall be published in the Gazette.

25.   Penalties

   (1) Any person who is convicted of an offence against regulation 12, 13, 14, 16, 17, 18, 19 or 21 shall be liable to a fine of K200 and to imprisonment for three months, and the court trying the offence may, in its discretion, order the cancellation or suspension of any licence held by any hotel-keeper who is convicted, or whose employee, servant or agent is convicted of an offence against these Regulations.

   (2) Any person who aids, abets, counsels, procures or assists in the commission of, or attempts to commit, any offence against these Regulations shall himself be guilty of an offence.

SCHEDULE

HOTELS ACT

( Cap. 50:01)

FORM 1

HOTELS REGULATIONS

APPLICATION FOR LICENCE TO KEEP OR MANAGE AN HOTEL

(REGULATION 3 (1))

   I, ......................................................................., hereby apply in terms of section 5 of the Hotels Act for a licence to keep/manage the undermentioned hotel.

   1. Name of hotel ..............................................................................................

   2. Address of hotel ............................................................................................

   .........................................................................................................

   3. Name of proprietor
   (if partnership, give names
   of all partners; if limited
   company, names of directors) ..................................................................................

   .........................................................................................................

   .........................................................................................................

   4. Name of manager ..........................................................................................

   5. Experience of proprietor or
   manager in keeping or
   managing an hotel ............................................................................................

   .........................................................................................................

   .........................................................................................................

   6. Rateable valuation of property .................................................................................

   7. Number of bedrooms:

(a)

SINGLE TOTAL

No. with bathroom and W.C.

No. with bathroom and no W.C.

No. without bathroom but with H. and C.

No. without H. and C.

(b)

DOUBLE TOTAL

No. with bathroom and W.C.

No. with bathroom and no W.C.

No. without bathroom but with H. and C.

No. without H. and C.

8.

Number of:

(a)

women’s bathrooms ..............................................................*

(b)

men’s bathrooms .................................................................*

For resident guests:

(c)

women’s lavatories ................................................................*

(i)

with water-borne sanitation

(ii)

without water-borne sanitation

(d)

men’s lavatories ..................................................................*

(i)

with water-borne sanitation

(ii)

without water-borne sanitation

For non-resident guests:

(e)

women’s lavatories ...............................................................*

(i)

with water-borne sanitation

(ii)

without water-borne sanitation

(f)

men’s lavatories .................................................................*

(i)

with water-borne sanitation

(ii)

without water-borne sanitation*

(g)

(i)

sitting rooms for resident guests

(ii)

sitting rooms for non-resident guests*

(h)

writing rooms

(i)

other public rooms

   9. Is garage accommodation provided? ...........................................................................

   If so, describe and state for how many cars .....................................................................

   .........................................................................................................

   .........................................................................................................

   10. What is the system of lighting? ...............................................................................

   11. What is the system of water supply? ..........................................................................

   If not on mains supply, state quantity of water available in litres per day ................................................

   .........................................................................................................

   12. What is the system of sanitation? .............................................................................

   .........................................................................................................

   13. Are all rooms mosquito-proofed? If not, state number proofed .......................................................

   Number unproofed .........................................................................................

   14. Average number of staff employed:

Managers

....................................

Chefs

....................................

Cooks

....................................

Barmen

....................................

Housekeepers

....................................

Receptionists

....................................

Waiters

....................................

Kitchen staff

....................................

Bedroom staff

....................................

Others (specify)

....................................

   15. Are laundry facilities provided for guests? .......................................................................

   16. Details of dining-rooms:

   State seating accommodation ................................................................................

   Number of tables ...........................................................................................

   17. Is there a telephone? .......................................................................................

   If so, state location and number of extensions ....................................................................

   .........................................................................................................

   18. Are special arrangements made for children? ....................................................................

   (a)   Dining-room ............................................................................................

   (b)   Other rooms or services ...................................................................................

   19. Is there a liquor licence? .................................. .......................................

   If so, state whether there is:

   (a)   separate entrance to the bar ................................................................................

   (b)   sitting-room open to all guests*/residents only ..................................................................

   (c)   separate toilet arrangements for the bar .......................................................................

   20. Hours:

   (a)   for attendance ...........................................................................................

   (b)   for meals or refreshments ..................................................................................

   (c)   for night porter ............................................................................................

   21. Describe:

   (a)   kitchen accommodation and storage facilities ...................................................................

      (including refrigerator) ......................................................................................

   (b)   washing-up facilities .......................................................................................

   This application is supported by:

   (a)   bedroom plan

(in duplicate and not necessarily to scale) with room numbers, number of electric lights in each bedroom, location (if installed) of H. and C. installation, bathrooms and lavatories;

   (b)   brief description of grounds, stating extent and amenities provided:

      ............................................................................................................

   Date ......................... Signed .......................................

FORM 2

HOTELS ACT

(Cap. 50:01)

HOTELS REGULATIONS

APPLICATION FOR RENEWAL OF LICENCE TO KEEP OR MANAGE AN HOTEL

(REGULATION 3 (2))

   I, ................................................................................ hereby apply for the renewal of the licence issued in respect of the undermentioned hotel—

   Name of hotel ..............................................................................................

   Address ...................................................................................................

   ..........................................................................................................

   Name of proprietor(s) ........................................................................................

   ..........................................................................................................

   Name of manager .......................................................................

   I certify that the particulars of the hotel are the same as those submitted with the last application for a licence/renewal of a licence in respect of this hotel, with the exception of the changes and structural alterations set out in the attached statement.

   Date ......................... Signed .......................................

For official use only

1. ...........................................

2. ...........................................

3. ...........................................

4. ...........................................

5. ...........................................

FORM 3

HOTELS ACT

(Cap. 50:01)

HOTELS REGULATIONS

APPLICATION FOR TRANSFER OF LICENCE TO KEEP OR MANAGE AN HOTEL

(REGULATION 3 (3))

   We, the undersigned, being respectively the present holder of and the intended transferee of the licence for the hotel to which this application refers, hereby apply for the transfer of the licence from the present holder to the transferee stated herein.

   1. Name of hotel ............................................................................................

   2. Address of hotel ..........................................................................................

   3. Name of present licence holder ..............................................................................

   Licence number ........................................... issued on ......................................

   4. Name of transferee ........................................................................................

   We certify that the particulars of the hotel are the same as those set out in the last application for a licence/renewal of a licence in respect of this hotel, with the exception of the changes and structural alterations set out in the attached statement.

   Signature of present holder of licence .............................................................................

   Signature of transferee .........................................................................................

   Date ......................... No. .......................................

FORM 4

HOTELS ACT

(Cap. 50:01)

HOTELS REGULATIONS

(REGULATION 6)

LICENCE

   Name of holder ...............................................................................................

   Name of hotel ................................................................................................

   Address of hotel ...............................................................................................

   This licence is issued in terms of the Hotels Act. upon the conditions hereunder set forth and is valid until the......................
day of ...........................................19.....

   Date ......................... .................................

Chairman, The Hotel Board

CONDITIONS

FORM 5

HOTELS ACT

(Cap. 50:01)

HOTELS REGULATIONS

(REGULATION 10)

NOTICE OF CLASSIFICATION

   To ................................................................................................., hotel-keeper.

   You are hereby notified that the .........................................................hotel has been classified by the Hotel Board as a .................................................... hotel.

   Date ......................... .................................

Chairman, The Hotel Board

TOURISM AND HOTELS (MINIMUM STANDARDS) REGULATIONS

under s. 15

G.N. 62/1969
13/1982
18/2005

PART I
PRELIMINARY

1.   Citation

   These Regulations may be cited as the Tourism and Hotels (Minimum Standards) Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires—

   “accommodation” means the supply of bed with clean, sufficient and suitable mosquito net, linen, bed-cover, and other bedding and includes the cleaning of the bedroom and any other supply or service which may reasonably be expected in a hotel or any other accommodation of the class to which the licence relates;

   “apartment” means self-catering accommodation made available to tourists at a fee, in which the guests provide and prepare their own food and do their own laundry;

   “bath” includes the supply of adequate hot water, soap, towels and cleaning of the bath and bathroom;

   “bathroom” includes shower-room;

   “caravan” means a vehicle designed or fitted which is capable for use as habitation or dwelling or for sleeping purposes, excluding a railway stock;

   “caravan and camping park” means a place where tourists on payment of a charge, are permitted to reside temporarily in caravans or tents, or both caravans and tents;

   “holiday resort” means a complex of accommodation units, facilities and acceptable quality equipment designed to promote tourists stays and holiday usually at an all inclusive price covering lodging, the use of common equipment and sport and recreation facilities;

   “hotel” means any premises, wherein or whereon the business of supplying lodging and meals for reward is or is intended to be concluded, and includes an inn;

   “hotel premises” means premises used as an hotel and in respect of which a licence is held or intended to be held;

   “kitchen” includes any pantry, store-room or other part of an hotel in which food or drink are stored, prepared, cooked or served.

   “lodge” means any premises, wherein or whereon the business of supplying lodging and meals for reward is or is intended to be conducted, in conjunction with some other outdoor special interest activity;

   “resthouse” means any premises offering simple accommodation facilities and providing bed and beddings, ablution and toilet facilities of the lowest acceptable quality;

   “shower” includes the supply of adequate hot water, soap, towels and cleaning of shower-room;

3.   Provisions of these Regulations to be treated as conditions on which licence is granted, etc.

   For the purposes of section 7 of the Act, the matters hereinafter set out in these Regulations shall be deemed conditions which have to be satisfied before a licence may be granted by the Board and, in relation to a licence granted by the Board, shall be deemed conditions subject to which the licence is granted.

PART II
ADAPTATION AND SUITABILITY OF HOTEL PREMISES

4.   Adaptation and suitability of premises

   (1) All hotel premises shall be maintained at all times in a state of cleanliness and good repair and shall provide facilities for people with physical disabilities.

   (2) Each room in hotel premises shall have—

   (a)   adequate natural lighting during the day and shall be capable of being cross-ventilated by some natural means; and

   (b)   artificial lighting to the satisfaction of the Board.

   (3) All electrical wiring shall be on a conduit and PVC system and shall conform with such standards as may be prescribed under the Electricity Act.

   (4) All fixtures, fittings and furnishings in any hotel shall at all times be maintained in a clean and sound condition.

5.   Bedrooms

   (1) Each bedroom shall be provided with—

   (a)   cross-ventilation or air conditioning;

   (b)   electrical lighting and an electricity outlet; and

   (c)   electric lighting at each bed operated by a switch close to the bed.

   (2) The minimum size of a bedroom shall be 11m2 including built in furniture.

   (3) The window area, of which at least 50 per cent must be capable of being opened, shall be not less than 10 per cent of the floor area.

   (4) A lighted hand-wash basin with hot and cold running water, and with an accompanying mirror and shelf shall be provided in each bedroom without a private bathroom, and an area not less than 600 mm in width and 450 mm in height immediately above the basin shall be protected with an impervious splash-back.

   (5) A towel rail and a drinking glass for each guest shall be provided at or near every basin.

   (6) All bedroom doors shall—

   (a)   have locks and keys which shall be made available to guests;

   (b)   be numbered or named.

   (7) There shall be supplied in each bedroom—

   (a)   adequate number of chairs, bedside table, a dressing-cum-writing table with at least one drawer, mirror and stool, and waste paper basket;

   (b)   beds, other than for small children, which shall be well sprung of a minimum width of 910 mm and at least 1,800 mm in length, and shall be provided with—

      (i)   inner spring foam rubber or similar mattress, with all sagging eliminated; and

      (ii)   head board;

   (c)   an effective mosquito net for each bed or cot if required;

   (d)   for each new guest or every three days or earlier if required whichever be the more frequent, freshly laundered bed linen for each bed or cot;

   (e)   adequate window curtaining and bedside rug;

   (f)   a luggage rack;

   (g)   bath soap;

   (h)   an adequate supply of fresh and potable drinking water with a drinking glass for each guest; and

   (i)   a legible, up-to-date information notice or directory of services, including times.

6.   Bathrooms

   (1) There shall be at least one communal bathroom for every six beds which are not served by private bathrooms.

   (2) Separate communal bathrooms shall be provided for each sex on each floor on which bedrooms without private bathrooms are situated;

   (3) All bathrooms shall show for which sex they are provided.

   (4) All bathrooms shall be served by an efficient hot or cold water system, maintained in a good working order.

   (5) All bathrooms shall have splash-backs not less than 1.5 m in height, which shall be tiled or of impervious finish, the wall above the splash-backs to be of a finish satisfactory to the Board;

   (6) Floors shall be of impervious material, and all corners and junctions with walls shall be covered.

   (7) Every bathroom shall be provided with—

   (a)   a mirror, a shelf and a towel rail;

   (b)   a bath mat;

   (c)   a chair or a stool;

   (d)   hooks for hanging clothes;

   (e)   a door which can be locked or bolted from within; and

   (f)   freshly laundered bath towels for each guest and at least every two days or earlier if necessary.

   (8) All toilet-pans shall be provided with lids and seats and there shall be a toilet paper dispenser in each toilet and a suitable form of sanitary disposal in each female toilet.

7.   Communication

   Telephone or other means of communication shall be accessible to guests at all times.

8.   Electric lighting

   (1) Electric lighting shall be provided throughout the premises.

   (2) Where self-generated electric current is used, alternative means of lighting shall be available in all bedrooms, bathrooms, cloakrooms and public rooms for use when current is not available, and notices, prominently displayed, drawing attention to this fact, shall be provided.

9.   Diningrooms and lounges

   (1) All hotel premises shall contain a diningroom sufficient for use of guests and visitors.

   (2) All dining-rooms shall be equipped and supplied to the satisfaction of the Board with appropriate and sufficient furniture, clean table linen, cutlery, crockery and condiment sets of good quality.

   (3) A clean and legible menu, showing the meal tariff, shall be made available to each guest when orders are being taken.

   (4) No chipped, cracked or broken cutlery shall be used.

10.   Bar

   (1) Every bar and bar lounge shall be suitably furnished and equipped to the satisfaction of the Board.

   (2) A double sink with a splash board made of tiles or stainless steel or other acceptable impermeable material and supplied with hot and cold running water and used solely for the washing of glasses shall be provided in or near the bar.

   (3) Adequate sanitary and toilet arrangements with separate facilities for both sexes shall be provided near to, and accessible from, any bar or bar lounge.

   (4) Toilets shall be clearly designated and shall contain water closet with a lid, hand wash basin with hot and cold running water, soap and clean facilities for drying, and adequate clothes hooks.

   (5) Urinal and mirror and shelf shall be provided for toilet for men and, in the case of toilet for women, a sanitary basin, a dressing mirror, and a shelf or table and a chair shall be provided.

   (6) Every toilet door shall have means of fastening the door from within.

11.   Public cloakrooms

   (1) Separate public cloakrooms shall be provided for each gender and shall contain the following—

   (a)   a toilet pan with a lid and seat and a toilet paper dispenser, in a cubicle provided with a door which can be locked from within;

   (b)   a hand-wash basin with running hot and cold water with splash-back;

   (c)   a mirror and a shelf;

   (d)   soap and a towel or other hand drying facilities;

   (e)   a towel rail; and

   (f)   hooks for the hanging of outer garments.

   (2) In addition to items set out in subregulations (1)—

   (a)   cloakrooms for men shall provide a urinal of one piece construction of stainless steel or other impervious material; and

   (b)   cloakrooms for women shall provide a suitable form of sanitary disposal, a chair or stool and a dressing table or shelf.

   (3) The location of every public cloakroom shall be clearly indicated.

12.   Sanitation

   (1) Sewerage shall be water-borne for all sanitary facilities provided for guests or the public.

   (2) Water waste shall be disposed of—

   (a)   into a public sewer;

   (b)   into a French drain which is not in close proximity to any water supply;

   (c)   into a septic tank not less than 5,000 litres; or

   (d)   in any other way which is compliant with the Public Health Act.

13.   Kitchen, storerooms and pantries

   (1) A kitchen shall at all times be maintained in a clean and sanitary condition.

   (2) Floors of kitchens, storerooms and pantries shall be constructed of an impervious material suitably graded and drained, and all corners, edges and junctions with the walls shall be covered.

   (3) Kitchen walls shall be—

   (a)   tiled or be of other impervious finish to a height of not less than 1.98 m; and

   (b)   of light colour.

   (4) Adequate ventilation shall be provided in the kitchen and hot-air fumes and smoke shall be extracted by such means as shall be approved by the Board.

   (5) Kitchens shall be kept free of insects and rodents and other vermin.

   (6) Every kitchen shall be provided with adequate refuse receptacle with a lid.

   (7) No article not directly connected with the storage, preparation, cooking and serving of food or drink shall be kept in the kitchen.

   (8) All areas used for storage, preparation, cooking and serving of food and drink shall be provided with facilities, including sinks supplied with hot and cold running water, for the efficient washing of articles or utensils to the satisfaction of the Board.

   (9) Adequate refrigeration and cooling shall be provided to ensure the proper storage of all foodstuffs requiring such facilities and different types of foodstuffs shall be separated, and all exposed foodstuffs shall be adequately covered.

   (10) Adequate space and facilities shall be provided for the proper storage of dry stores.

   (11) No space or facility used for the storage of food, drink or dry stores shall be used for any other purpose.

   (12) Floors for wash-up areas shall be of impervious materials and walls shall be tiled or be of other finish approved by the Board and—

   (a)   at least two sinks or a dish-washing machine with running water shall be provided at each wash-up;

   (b)   separate pot-washing facilities shall be provided.

14.   Staff in kitchen to wear certain clothing, etc.

   (1) Kitchen staff shall at all times be clean in person and clothing and shall be clothed in garments which extend below the knee and have suitable footwear.

   (2) Food handlers shall be clothed in garments which extend below the elbow and shall wear appropriate headgear.

15.   Certain facilities for kitchen staff

   Adequate toilet and sanitary facilities shall be provided for all persons employed in the kitchen and such facilities shall be adjacent to the kitchen and shall include water closets, adequate hand-wash basins with hot and cold running water, soap and scrubbing brushes.

16.   Persons not to sleep in kitchen

   No person shall sleep in any hotel kitchen, or in any room used for storage of food or of the articles used in the storage, preparation, cooking and serving of food and drink.

17.   Supply of drinking water, etc.

   (1) Fresh water and potable drinking water shall at all times be available in every bedroom, bathroom and public room:

   Provided that where water is unfit for drinking, all taps on the premises supplying untreated or unfit water shall have a notice close at hand clearly indicating that the water is not fit for drinking.

   (2) Ice cubes made from pure and potable drinking water shall be available free of charge at all reasonable times for guests and visitors.

18.   Laundry

   (1) Proper laundry facilities shall be provided on the premises or other arrangement made for the washing of clothing of guests to the satisfaction of the Board.

   (2) Facilities for the pressing and drying of clothes by guests shall be available unless valet services are provided.

19.   Reception

   (1) A competent person shall be available at all times to receive guests.

   (2) Means shall be made available at or near the main entrance to summon the receptionist.

   (3) A porter or other member of staff shall be available at all reasonable times to assist guests with luggage.

   (4) A valid hotel licence shall be displayed in a conspicuous place at the reception area.

20.   Staff

   (1) All hotel staff shall be suitably and neatly dressed in uniform to the satisfaction of the Board.

   (2) All staff shall at all times be clean and sober.

   (3) All staff on duty shall wear suitable footwear.

   (4) All staff involved in the preparation and serving of food and drink shall undergo regular examinations as required under the Public Health Act.

21.   Staff quarters and amenities

   (1) Ablution, toilet and laundry facilities shall be provided to the satisfaction of the Board for use of staff.

   (2) All waste water shall be properly disposed of.

   (3) Well-ventilated facilities for storage and hanging of clothes and personal effects shall be provided.

   (4) Restroom facilities, where provided, shall be weatherproof, well-ventilated and furnished with chairs or benches.

   (5) Where staff take meals on premises, appropriate facilities to the satisfaction of the Board shall be provided.

   (6) Any sleeping quarters controlled by the hotel shall be provided with appropriate facilities and maintained in a clean and hygienic condition.

22.   Animals

   No animals of any kind shall be permitted into public areas, dining rooms, kitchens or any room used for storage, preparation, cooking and serving of food and drink.

23.   Gardens, yards, etc.

   (1) The gardens, yards, beaches and other outside parts of any hotel premises shall at all times be kept in a clean and neat condition.

   (2) Adequate parking space shall be provided and shall be clearly indicated and lit at night.

24.   Refuse

   (1) Refuse shall be disposed of in a sanitary manner.

   (2) All refuse bins shall be provided with lids, which shall be removed for access to the bin.

   (3) Where stored outside the building, a suitable plinth shall be provided to ensure that refuse bins are above ground level.

   (4) The refuse area shall be kept clean and tidy, to the satisfaction of the Board.

25.   Fire-fighting equipment

   (1) Adequate and appropriate fire-fighting equipment to the satisfaction of the Board shall be provided in conspicuous places on hotel premises and such equipment shall at all time be maintained in good and working order carrying the current inspection tag.

   (2) Staff shall be trained to operate the fire fighting equipment and techniques.

26.   Emergency exits

   Emergency exits shall be provided and clearly indicated.

27.   First Aid outfits

   (1) At all times there shall be maintained in some prominent and easily accessible place at the hotel premises a First Aid outfit containing disinfectants, bandages, snake bite serum kit, adhesive tape, dressings, eye bath, tannic acid ointment, scissors and tweezers.

   (2) Where a swimming pool or water sporting facilities are provided, swimming pool life guards shall be in attendance and life jackets shall be available for users of the swimming pool or the sporting equipment.

   (3) All necessary precautions shall be taken to ensure adequate security.

PART III
GENERAL PROVISIONS FOR LICENSING DESIGNATED TOURISM ENTERPRISES

28.   Application

   These provisions shall apply to all premises, places or services designated by the Minister as tourism enterprises.

29.   Enterprise licence

   Every designated tourism enterprise shall apply for licensing and shall comply with the appropriate requirements for licensing designed tourism enterprises before it may be licensed in terms of the Act.

30.   No one to operate unlicensed enterprise

   No person shall conduct or operate a designated tourism enterprise unless it is licensed in accordance with the provisions of the minimum requirements for licensing designated tourism enterprises.

31.   Notice to cancel licence

   (1) Where the Board considers that there has been a failure in respect of requirements, the Board may give notice to the operator of the licensed tourism enterprise that unless the requirement concerned is complied with within such reasonable period as the Board shall specify, the Board may cancel the tourism enterprise’s licence.

Right to make representations

   (2) The operator of a licensed tourism enterprise in respect of which a notice has been given under subregulation (1) may, before the expiry of the period specified by the Board, make written representations to the Board in regard to the proposed cancellation of the tourism enterprise’s licence.

   (3) If, upon the expiry of the period specified in subregulation (1), the Board considers that the requirement concerned has not been complied with and that no good reason has been shown as to why the tourism enterprise concerned should remain licensed, the Board shall cancel the tourism enterprise’s licence and the Board shall inform the operator of the cancellation.

PART IV
MINIMUM REQUIREMENTS FOR LICENSING DESIGNATED TOURISM ENTERPRISES

A. GENERAL

32.   Equipment and facilities

   (1) All equipment and facilities shall be of such quality acceptable to the Board.

Dangers

   (2) All inherent dangers in and around the designated tourism enterprise shall be drawn to the attention of the guests by the operator of the enterprise.

Safety precautions

   (3) Precautions such as the provision of fire-fighting equipment, lifeguards and equipment and any other safety precautions shall be taken, to the satisfaction of the Board, to protect guests from danger.

Medical facilities

   (4) A properly equipped first-aid box shall be available in a readily accessible position, and it shall be maintained at a standard to the satisfaction of the health officer responsible for the area.

Display for facilities, conditions of entry, and tariff

   (5) There shall be displayed on notice-boards placed in suitable positions at a designated tourism enterprise the facilities available; and the conditions of entry; and the tariff.

Control of activities

   (6) All activities at a designated tourism enterprise shall be controlled in such a manner as to preserve the well-being of other users.

Staff

   (7) A supervisor or other responsible person shall be in attendance whenever there are visitors at a designated tourism enterprise.

   (8) Persons employed at a designated tourism enterprise shall, whenever they come into contact with guests, be cleanly and neatly dressed in uniform and be medically fit.

Maintenance

   (9) The entire area of a designated tourism enterprise, including staff quarters, and all roads, pathways, and gardens therein, shall be kept in a clean, tidy and sanitary condition and in good repair at all times.

   (10) All equipment, fittings, utensils, furniture, linen, etc., provided shall be kept in a clean and sanitary condition and in good repair at all times.

   (11) All designated tourism enterprises shall be maintained in good working order and in a clean and sanitary condition.

Structural presentation

   (12) The structure and appearance of a tourism enterprise must be sound and appealing and in conformity with the environment.

Records and accounts

   (13)(a) Every operator of a designated tourism enterprise shall keep in respect of his enterprise such records and accounts as may be necessary to show—

      (i)   the number of guests in any calendar month and the amount of the levy payable in respect of each such guest as specified by the Board;

      (ii)   the aggregated amount of the levies collected and remitted by him in each calendar month.

   (b)   Every operator of a designated tourism enterprise shall ensure that on any account submitted to a guest in respect of guest’s visit to the enterprise the amount of the levy payable in respect of each guest to which the account relates is clearly indicated as a separate item.

   (c)   Any account or record kept in terms of this section shall be retained by the operator for a period of three years from the date of the period to which the account or record relates.

B. WHERE ACCOMMODATION IS PROVIDED

33.   Bedrooms

   (1) Bedrooms shall have—

   (a)   numbers, or be otherwise suitably designated;

   (b)   secure facilities for residents to lock away valuable property;

   (c)   beds with blankets, pillows, bed-linen and bath towels, all to be clean and maintained in good state of repair;

   (d)   adequate storage facilities for guests, clothing and personal effects;

   (e)   a wash-hand basin with hot and cold water available at all reasonable times, either from a tap or in a water-jug, where the room is not provided with a private bathroom;

   (f)   a towel rail, shelf, mirror and drinking-glass(es);

   (g)   waste bin;

   (h)   at least one chair;

   (i)   a bedside drawer or table;

   (j)   a bedside rug for each bed where a carpet is not provided; and

   (k)   an effective mosquito net or an aerosol insecticide where protection against the entry of mosquitoes is not provided.

Bathrooms

   (2) There shall be at least one communal bathroom or shower for males and one for females for every six beds where they are not provided with a private bathroom.

   (3) All bathrooms shall have—

   (a)   a hot and cold water system maintained in good working order; and

   (b)   an impervious finish on walls not less than five hundred millimetres above the bath to form a splash-back where the bath is in contact with the wall.

   (4) All bathrooms shall contain—

   (a)   a mirror, a shelf and towel rail;

   (b)   a freshly laundered bath-mat;

   (c)   a clothes hook; and

   (d)   a door which is capable of being locked, bolted or otherwise secured from within.

Toilets

   (5) There shall be at least one toilet for males and one toilet for females for every fourteen beds in a designated tourism enterprise.

   (6) There shall be a toilet-paper-dispenser and toilet tissue in each toilet and a sanitary bin or incinerator in each female toilet.

   (7) Where urinals are installed, the number of toilets for males may be reduced by the number of urinal stalls installed up to a maximum of twenty-five per cent:

   Provided that the number of toilets for males shall be not less than seventy-five per cent of the total number required on the basis of one for every fourteen beds.

Showers

   (8) Where showers are provided, they shall have no slippery floor and be supplied with—

   (a)   hot and cold water, and the system shall be maintained in good order; and

   (b)   soap-dish, a wall hook and a towel-rail at least six hundred millimetres long or towel ring and a duck-board.

Bars

   (9) Where bars are provided, they shall be maintained in accordance with the Liquor Act and any requirements or regulations made thereunder.

Public rooms

   (10) Public rooms shall be of a size suitable for the type of designated tourism enterprise, as determined by the Board.

Water supply

   (11) There shall be an adequate supply of pure potable water available at all times.

Lighting

   (12) Lighting shall be of a standard acceptable to the Board.

Ventilation

   (13) All rooms shall have cross ventilation, forced-draught ventilation or air-conditioning.

Sewerage

   (14) Sewerage shall be water-borne.

   (15) Waste water shall be properly disposed of—

   (a)   into a public sewer; or

   (b)   into a French drain which shall not be in close proximity to any water-supply or watercourse; or

   (c)   in any other manner approved by the Board

Refuse disposal

   (16) Refuse shall be properly disposed of in a sanitary manner to prevent the breeding of flies and other insects.

   (17) All refuse-bins shall be provided with close-fitting lids which shall be removed only for the purpose of access to such bins.

   (18) All refuse-bins shall be thoroughly cleaned regularly.

Reception of guests

   (19) Provision and arrangements shall be made for the reception of guests.

   (20) A register of guests shall be kept as required by the Board.

C. WHERE MEALS ARE PROVIDED FOR GUESTS

34.   Kitchens, sculleries and pantries

   (1) Kitchens, sculleries and pantries shall have—

   (a)   an impervious finish to floors and walls; and

   (b)   where appropriate, floors suitably graded and drained to an outside gully; and

   (c)   rounded or covered corners, edges and junctions on walls and floors; and

   (d)   roofs constructed in such a way as to protect the areas from insects, rodents, vermin or other noxious matter or things; and

   (e)   good ventilation with hot-air fumes removed by a canopy with extractor-fan or by any other means approved by the Board; and

   (f)   an approved impervious finish on all furniture and shelving; and

   (g)   separate hand-washing facilities for staff, including hand drying facilities, soap and scrubbing brushes; and

   (h)   separate and sufficient sinks exclusively for the preparation of food; and

   (i)   at least two sinks for dish-washing and rinsing or a dish-washing machine, with a good supply of piped hot and cold water; and

   (j)   separate pot-washing facilities.

Dining facilities

   (2) Dining rooms shall be of a size suitable for the number of guests likely to be using the facilities.

   (3) Cutlery, condiment-sets, crockery and table appointments shall be of a good standard, maintained in clean condition and sufficient quantity for the number of guests likely to be served.

Other requirements

   (4) The requirements specified in subregulations 33 (9), 33 (10), 33 (11), 33 (12), 33 (13), 33 (14), 33 (15), 33 (16), 33 (17) and 33 (18) shall also apply in all designated tourism enterprises where meals are provided for guests.

D. WHERE FACILITIES ARE PROVIDED FOR SELF-CATERING

35.   Cooking facilities

   (1) Cooking facilities shall be served either by electricity or gas or other fuel acceptable to the Board, and must be sufficient for the numbers of guests accommodated and in keeping with the standard of accommodation offered.

Washing-up facilities

   (2) Washing-up facilities shall be provided for the washing of cooking utensils.

   (3) Outdoor washing-up facilities shall have overhead cover, and shall consist of—

   (a)   a stainless-steel sink with double draining-board supplied with hot and cold water;

   (b)   a gully fitted with a grease-trap connected to a drain which discharges into a sewerage system or French drain;

   (c)   a floor sloped towards the gully in such a manner that the water drains into the gully; and

   (d)   a refuse bin with close-fitting lid, for every four wash-up sinks, for the disposal of food waste.

   (4) There shall be not less than such washing-up facilities as are referred to in subregulation (3) for every fifty guests accommodated at a designated tourist facility.

E. CARAVAN AND CAMPING PARKS

36.   Caravan and camping sites

   (1) There shall be provided a usable area with reasonably even surface of not less than—

   (a)   one hundred square metres for each caravan accommodated in a park;

   (b)   twenty-six square metres for every ten guests accommodated in a camping park.

Recreation areas

   (2) There shall be an open usable space provided for recreational purposes of not less than twenty per cent of the area provided for caravan or camping sites.

Water supply

   (3) There shall be one permanent water-stand-pipe providing pure and potable water, with a surrounding concrete apron of not less than four square metres and a soak-away situated in a convenient position for every six caravan or camping sites.

Ablutions

   (4) Ablutions shall—

   (a)   be grouped in blocks suitably divided for males and females and so distributed that each block is within one hundred metres from the caravan or camping area which it is to serve; and

   (b)   have floors of impervious material and graded for efficient drainage; and

   (c)   have impervious washable surfaces on the walls.

Toilets

   (5) There shall be—

   (a)   at least one toilet for females for every seven caravan or camping sites which shall contain a suitable form of sanitary disposal; and

   (b)   one toilet for males for every fourteen caravan or camping sites; and

   (c)   a toilet-paper dispenser in each toilet and a toilet tissue.

   (6) Where urinals are installed, the number of toilets for males may be reduced by the number of urinal stalls installed by not more than twenty-five per cent.

Urinals

   (7) There shall be at least one urinal in each men’s ablution which shall be of the stall or slab type and fitted with a flushing device.

Handwash basins

   (8) There shall be at least one hand-wash basin with hot and cold water, one for males and one for females, for every fourteen caravans or camping sites.

   (9) The basins for females shall be separated by wing-walls rising from the floor to door-head-level and extending one and a half metres from the outer wall.

Showers

   (10) Where showers are provided, they shall be supplied with—

   (a)   Hot and cold water, and the system shall be maintained in good order;

   (b)   A soap-dish, a wall-hook and a towel-rail at least six hundred millimetres in length, or a towel-ring and a duck board.

   (c)   Two showers, one for males and one for females, for every twenty caravan or camping sites.

Bathrooms

   (11) Where provided, bathrooms shall comprise private cubicles, each with one bath supplied with hot and cold water, a duck-board and a small bench, a mirror, a wall-hook and a towel-rail at least six hundred millimetres in length or a towel-ring.

   (12) There shall be one bath—

   (a)   for females, for every five caravan or camping-sites; and

   (b)   for males, for every five caravan or camping sites.

Refuse bins

   (13) There shall be one refuse-bin, with a capacity of not less than one cubic metre, placed in convenient position for every four caravan or camping-areas, and such refuse bin shall be cleaned daily.

Lighting

   (14) Lighting of a standard acceptable to the Board shall be provided in toilets, ablution blocks, wash-up and laundry facilities and the approaches thereto.

Washing-up facilities

   (15) Washing-up facilities shall be of the standard laid down in regulation 35.

Laundry facilities

   (16) There shall be provided laundry facilities consisting of—

   (a)   a deep laundry-sink with running water and a draining board discharging waste into a gully connected to a sewerage system or a French drain;

   (b)   a separate ironing-room with two ironing-boards, and a drying yard with not less than fifty metres of washing-line.

F. ALL CATERING UNITS

37.   To comply with code of hygienic conditions

   All catering units shall comply with the Code of Hygienic Conditions for food and food processing units of the Malawi Standards.

G. RESTHOUSES

38.   Planning approval

   All resthouses shall satisfy the following requirements—

   (1) Planning approval for the operation of a resthouse in the area from relevant authorities.

Fire safety

   (2) Fire safety precautions approved by relevant authorities.

Decoration

   (3) A reasonable standard of interior and exterior decorations.

Guest safety

   (4) Adequate guest safety in bedrooms.

Tariff and house rules

   (5) The resthouse tariff to be displayed at the Reception with house rules in every bedroom.

Number, size and facilities in bedrooms

   (6) At least five lettable bedrooms each of which shall have the following—

   (a)   direct natural light;

   (b)   sufficient size with minimum floor area excluding bathrooms and balcony as follows—

      (i)   single room minimum floor area of 8 sq metres;

      (ii)   double room minimum floor area of 10 sq metres; and

      (iii)   triple room minimum floor area of 12 sq metres;

   (c)   windows with clean curtains or other means of ensuring privacy;

   (d)   walls of the bedrooms to be of a light colour and well maintained;

   (e)   beds with clean mattresses, clean sheets, clean pillows and pillowcases, with minimum bed sizes of—

      (i)   single: 180 cm by 80 cm;

      (ii)   double: 180 cm by 140 cm.

   (f)   in each bathroom—

      (i)   wash basins;

      (ii)   mirror;

      (iii)   hot and cold water;

      (iv)   soap;

      (v)   clean towel for each person;

      (vi)   toilet rail or clothes hook;

   (g)   a chair and table;

   (h)   provision of adequate facilities for hanging clothes;

   (i)   means of fastening the door from inside;

   (j)   adequate ventilation;

   (k)   A bedroom number clearly placed on each door;

   (l)   A set of clear instructions regarding safety in an event of a fire to be placed in each room;

Communal bathrooms and toilets

   (m)   Where communal bathrooms and toilets are provided, they shall be clearly designated and differentiated, and the minimum ratios shall be as follows—

      (i)   Bathrooms: 1 for every five guests;

      (ii)   Toilets: 1 for every ten guests.

Pit latrines

   (n)   Where pit latrines are used, they shall be conveniently sited, at least 6 metres away from the nearest bedroom and they shall be clearly designated and differentiated.

H. GUESTHOUSES

39.   Planning approval

   Guesthouses shall satisfy the following Requirements—

   (1) Planning approval for the operation of a guesthouse from relevant authorities.

Fire safety

   (2) Fire safety precautions approved by the relevant authorities.

Decor

   (3) A reasonable standard of exterior and interior decoration.

Bedroom safety

   (4) A high degree of general safety in all bedrooms, and at reception, with house rules.

Tariff to be displayed

   (5) A copy of the common tariff displayed in all bedrooms, and at reception, with house rules.

Number, size, and facilities in bedrooms

   (6) At least three lettable bedrooms, each of which must have the following features—

   (a)   direct natural light;

   (b)   sufficient size to allow freedom of movement for guests occupying the room and adequate for using all equipment and furniture in a free, comfortable and safe manner with minimum floor area, excluding bathroom and balcony, as follows—

      (i)   single room minimum floor area of 8 sq metres;

      (ii)   double room minimum floor area of 10 sq metres; and

      (iii)   triple room minimum floor area of 12 sq metres.

   (c)   windows equipped with blinds, curtains or other means of ensuring privacy;

   (d)   beds with modern mattresses, clean sheets, pillow-cases and bedcovers and of comfortable proportions; if single, to be 190 cm by 80 cm, if double 190 cm by 150 cm at least;

   (e)   wash basin with mirror, hot and cold running water, soap, glass tumbler and clean towel, daily for each person;

   (f)   bedside table, cabinet or shelf shaded with light;

   (g)   dressing table or vanity unit;

   (h)   a chair per person;

   (i)   chest of drawers for clothes;

   (j)   wardrobe or other provision for hanging clothes;

   (k)   a carpet or rug for each bed;

   (l)   means of securing the door from within;

   (m)   adequate ventilation;

   (n)   a bedroom number placed on the door;

   (o)   display sign indicating the location of safe deposit facilities, if any;

   (p)   instructions displayed in each bedroom regarding the procedures that must be followed in the event of a fire, including maps of fire escape routes; and

   (q)   provision of breakfast.

I. LODGES

40.   Location, number of bedrooms, meals, facilities, etc.

   (1) Lodges shall satisfy the following requirements—

   (a)   natural environment to be conducive to the practice of the intended outdoor activities;

   (b)   a satisfactory standard of furnishing and equipment as specified under Tourism and Hotels (Minimum Standards) Regulations with at least ten lettable rooms;

   (c)   prompt and courteous service;

   (d)   access for residents during the day and at all hours if pre-arranged.

   (e)   an adequately lighted and ventilated sitting room area;

   (f)   a telephone in a public area for use by guests;

   (g)   safe deposit facilities;

   (h)   breakfast and dinner or refreshments for residents at reasonable fixed times every day of the week;

   (i)   a sign displayed at convenient locations indicating how to obtain emergency assistance at night;

   (j)   sufficient lighting of bedroom corridors and stairs to ensure safety during the hours of darkness;

   (k)   communal or private bathroom furnished with bath or shower. stool, chair or lidded WC, towel rail bath mat, receptacle for soap, hook for clothes, mirror and electric shaver point but the ratio of communal bathrooms to bedrooms should not exceed one to three;

   (l)   communal or private toilets provided with toilet paper, cloth and brush, but the ratio of communal toilets to bedrooms should not exceed one to every six bed places;

   (m)   a first-aid emergency kit;

   (n)   availability of adequate car parking in the grounds or vicinity of the lodge house; and

   (o)   gardens maintained in tidy condition and the footpaths and parking area in a serviceable state.

Grading of Lodges

   (2) Lodges shall be graded into star ratings in accordance with the criteria set out in the Schedule for the Grading of Lodges.

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