The business of manufacturing and selling alcoholic/liquor brands in Nigeria is no doubt profitable but subject to struct licensing regulations which will form the focus of this article, particularly with respect to:-

– The regulatory framework governing liquor business licenses.

– The procedure for procuring a liquor business license

– The validity of a liquor business license

Which regulatory agency is in charge of liquor business licensing in Nigeria?

The licensing of liquor production and selling is subject to the Liquor Act, the liquor licensing laws and subsidiary liquor licensing regulations of various states in Nigeria and with respect to liquor selling, through the local government of where the liquor business is to be physically located.

What is the validity of an alcoholic beverages business license in Nigeria?

Alcohol/liquor business licenses are valid for a period of 5 years.

What are the documentary requirements for procuring a liquor license in Nigeria?

– A covering letter detailing the operational mode of the applicant

– A completed application form

– A Certificate of Incorporation and certified true copies of shareholder and director information of the applicant

– Proof of advertisement on in a government gazette 

– Certified copies of valid means of identification for shareholders of the applicant company

– Copies of work and residence permits for foreign staff of the applicant company

– A detailed listing of alcoholic beverages to be served by the business

– Copies of valid environmental health reports upon inspection of the applicant’s business premises

What is the procedure for procuring an alcohol/liquor sales license in Nigeria?

– An application form for the license must be obtained from the relevant department of the Local Government having jurisdiction over the location of the alcohol business.

– This application form is to be filled and submitted along with the proof of payment of the prescribed application fee.

– A processing of the application will commence taking into consideration the following :-

• The suitability or the premises where the liquor business is to be located.
• The applicant’s character.
• An estimation of the number of people to be served by the business.
• Whether the license is required for public convenience

What are the regulatory requirements for foreign manufacturers of alcoholic beverage brands wishing to operate in Nigeria?

– Foreign businesses engaged in the manufactur of alcoholic beverages must be represented by a duly registered Nigerian company or person capable of recalling products.

– There must be presented as well, a certificate of manufacture and sale issued by a competent health authority, verified by the Nigerian embassy in the country of origin.

– A certificate if trademark registration of the alcoholic brand to be sold by the importer/Nigerian representative of the foreign manufacturer.

– An importation permit

– A certificate of product analysis issued by the Manufacturer 

– The Nigerian representative/importer representative of the foreign manufacturer must have and present from the manufacturer, a power of attorney establishing him as such.

What is the procedure for obtaining produce certification for alcoholic liquor brands?

This involves applying for certification of each liquor product via a registration code to the National Agency For Food and Drug Administration and Control (NAFDAC). Please consult your lawyer on the applicable procedure involved. 

In its effort to rein in the influence of Big Tech, the European Union (EU) has introduced a series of groundbreaking regulations aimed at curbing the dominance of six major tech companies.

These regulations include granting consumers the authority to choose the applications they wish to have on their mobile phones and the ability to uninstall pre-installed software, such as Google or Apple’s map applications.

A commission official said the rules “mark a revolutionary step.” Brussels envisions these laws as a means to foster increased competition, paving the way for startups to vie with industry giants on a more equitable footing for the very first time.

The Guardian noted in a report that these new laws will also clear the path for heightened competition in sectors that have been traditionally tightly controlled by tech giants, such as Apple Wallet and Google Pay.

The rules, which came under the Digital Markets Act (DMA), represent the second major set of EU laws targeting tech companies within two months. They define a set of responsibilities that gatekeepers must adhere to, including refraining from engaging in anti-competitive practices.

The EU has been on a pace-setting regulatory expedition to rein in the excesses of Big Tech across the bloc. This has resulted in several changes to existing rules and new also new regulations.

The DMA comes after the implementation of the Digital Services Act, which became effective on August 25th.

The Digital Services Act is designed to combat online hate speech, child sexual abuse, and disinformation, representing the initial set of laws ever introduced to regulate online content.

The objective of the DMA is to dismantle the gatekeeper or dominant positions that large tech companies have held for the past decade. It grants the European Commission the authority to conduct market assessments and propose corrective measures should these firms deviate from the established regulations.

According to an official quoted by The Guardian, these regulations are poised to free both consumers and businesses, especially startups that have encountered technical obstacles when trying to access platforms and connect with users.

“For example, now when a consumer sees an app doesn’t do well on their phone, they think immediately it is the app that is not really good. Very often it is not because the challenger app is bad, but because the interoperability is missing because it is in the interest of the gatekeeper to make sure the experience is not the same,” the official said.

The tech giants, including Apple, Google, and Amazon, must adhere to a comprehensive set of regulations within the next six months. Failure to comply could result in fines of up to 10% of their annual turnover.

One notable change is that pre-installed apps on phones, such as weather, maps, calculator, and email apps, which have traditionally been challenging to remove, will no longer be allowed to remain unremovable.

Additionally, these major tech firms will be prohibited from monetizing user information collected from apps on a phone. This means they cannot use the data they gather from mobile applications to create highly detailed profiles of individual consumer behavior for advertising purposes.

The laws will initially apply to six companies: Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft. Under the new rules, the services offered by the subsidiaries of the tech conglomerates, have also been designated for regulation. These include WhatsApp, Messenger, TikTok, Facebook, Amazon, Google, Chrome, Safari, Google Maps, Google Pay and Google Shopping.

Officials also provided examples of the regulations governing payment systems on Apple and Android phones. Although consumers have the option to use alternatives like bank cards, the existing “gatekeeping” practices may currently hinder startups from offering genuinely innovative services that could otherwise thrive. These new regulations aim to level the playing field and foster innovation in the payment sector.

The European commissioner Thierry Breton, overseeing the new digital services, described the new legislation as D-day for the large players, warning that they will now “have to play by our rules – European rules”.

The Nigerian Communications Commission (NCC) has issued a strong warning to both loan app companies and telemarketers regarding their unauthorized use of individuals’ phone numbers for commercial purposes.

In a public notice issued on Thursday, the Commission stated that individuals found engaged in such activities would face arrest and prosecution.

The warning has come in the wake of incessant harassment of subscribers by loan sharks, which has failed to die down despite efforts by regulators.

Loan sharks require access to the phone contacts of borrowers and begin to call and text the numbers in case of default.

The NCC said in a statement posted on its website that utilizing individuals’ phone numbers without their explicit consent is considered a violation of privacy. Furthermore, the telecom regulator clarified that telemarketers falsely asserting that they obtained these numbers from the NCC or the national database of registered SIMs are making inaccurate claims.

The statement reads: “The attention of the Nigerian Communications Commission (NCC) has been drawn to the criminal activities of telemarketers who illegally access the telephone numbers of telecom subscribers for their commercial activities and gains.

“These telemarketers also falsely claim that they obtain telecom consumers’ phone numbers from the Nigerian Communications Commission. Otherwise, they claim that the Commission gave them access to the numbers through the Subscriber ldentity Module (SIM) Registration Database. These claims are not true.

“The Commission fully abides by the principles and rules guiding the protection of privacy as a right of all consumers and users of telecommunications services.

“Therefore, no service provider or telemarketer is authorized to invade, harvest, or use subscriber data in any form or guise without the express approval of the consumer, except otherwise provided by law.

“The protection of the data of telecom subscribers by the Commission is guaranteed in Section 35 (1) of the Consumer Code of Practice Regulations, 2007; Section 9 (1) of the Nigerian Communications (Registration of Communications Subscribers) Regulations, 2022; and Section 4.2 (a) &< (b) of the NCC’s Internet Code of Practice.

“Therefore, any telemarketer involved in harvesting telecom subscribers’ phone numbers and other personal details through dishonest means and using such for commercial purposes without regulatory approval is hereby strongly warned to desist from this illegal act, as anyone found guilty shall be arrested and prosecuted in keeping with the law.”

The Commission has urged telecom subscribers to utilize the Do-Not-Disturb (DND) Short Code, introduced by the NCC for managing their subscriptions to Value Added Services. This service provides the option to stop unsolicited text messages and other telemarketing offers.

To activate full DND, subscribers can send ‘STOP’ to the Short Code 2442.

Furthermore, the NCC has encouraged telecom consumers who come across such illicit activities by telemarketers to report such instances to the Commission. This can be done by calling the NCC Toll-Free Number 622, and necessary enforcement actions will be taken.