LICENSING PROCEDURE - Kwa-Zulu Natal Licensing Act 6 of 2010

LICENSING PROCEDURE

Kwa-Zulu Natal Liquor Licensing Act 6 of 2010

Compulsory licensing

(1) No person may sell liquor for retail or micro-manufacture liquor unless that person is licensed in terms of this Act.

Categories of licences and permits

An application for a liquor licence or permit in terms of this Act may be made in respect of the following categories 

(a) a licence for the retail sale of liquor for consumption on the following premises where the liquor is sold, namely

(i) an accommodation;

(ii) a restaurant;

(iii) a club;

(iv) a nightclub;

(v) a gaming premises;

(vi) a sorts ground;

(vii) a pub;

(viii) a tavern; and

(xi) a theatre;

(b) a licence for the retail sale of liquor for consumption off the following premises where the liquor is sold, namely

(i) a liquor store;

(ii) a grocer's store;

(c) a special events permit for the retail sale of liquor for consumption on the premises where the liquor is sold; and

(d) a licence for the micro-manufacture of liquor.

APPLICATION FOR LIQUOR LICENCE IN TERMS OF SECTION 41 OF ACT

Lodging of application with Liquor Authority for liquor licence in respect of licence categories listed under sections 39 and 41 of Act

(1) A person applying for a liquor licence in respect of the categories listed under section 39(a) or (b) of the Act, read with section 2 of the Act, must lodge such application with the Liquor Authority and must pay the application fee contemplated in Annexure B.

(2) The application contemplated in subregulation (1) must be lodged with the Liquor Authority only on a Friday, excluding declared public holidays, at an address provided for by the Liquor Authority in the application form.

(3) An application lodged with the Liquor Authority as contemplated in subregulation (1) is treated as duly lodged when all necessary documents and information contemplated in section 41(2) of the Act have been submitted.

Criteria for granting licences

(1) The Liquor Licensing Tribunal or Presiding Officer, as the case may be, may not grant a licence, unless it or he or she is satisfied on a balance of probabilities that
(a) the granting thereof is in the public interest;
(b) the applicant is of good character, and not disqualified from holding a licence in terms of section 35;
(c) the premises on which the sale or consumption of liquor will take place are or will upon completion be suitable for use by the applicant for the purposes of the licence;
(d) the applicant has the right to occupy the proposed licensed premises; and
(e) the granting of the application does not prejudice
(i) the residents of a residential area;
(ii) the residents of an institution for the aged or frail;
(iii) the learners of an educational institution who are under the age of eighteen (18) years;
(iv) the patients of an institution for drug or alcohol related dependencies; or
(v) the congregants of a religious institution located in the vicinity of the proposed licensed premises.

Notification of application

(1) Subject to section 36(2) the Authority must publish the notices referred to in section 37(1) in the form of Form 5 in Annexure 3 on the first Friday of any month or, if that day is a public holiday, on the first Friday which is not such a day thereafter.

(2) A notice referred to in section 37(2) must be in the form of Form 6 in Annexure 3 and must

(a) be headed by the words,

"NOTICE OF LODGEMENT OF APPLICATION FOR LIQUOR LICENCE",

in bold-faced upper case letters at least 2 cm in height and in black lettering not less than 0.5 cm-wide on a white background;

(b) be at least A3 size standard paper;

(c) be waterproofed; and

(d) remain in place for not less than 28 days from the date of publication of the lodgement of the application.

(3) The designated liquor officer concerned must serve a copy of the application on the municipal manager of the relevant municipality within seven days from date of lodgement of the application.

(4) The designated liquor officer must serve the notice as referred to in section 37(5) within seven days from date of lodgement of the application, and where the municipality concerned elects to give that notice, it must do so within seen days from the date of being served with a copy of the application by the designated liquor officer.

Application procedure for new licences

(1) An applicant is solely responsible for the correctness of any application or notice submitted by or on behalf of the applicant in compliance with these regulations.

(2) Subject to section 36(2) an application for a licence referred to in section 33(1) must be lodged with the Authority and the designated liquor officer in whose area of jurisdiction the proposed licensed premises are located by 14h00 on the Friday preceding the first Friday of any month or, if that preceding Friday is a public holiday, on the last working day before that public holiday.

(3) An application referred to in subregulation (3) must be

(a) made in the form of Form 3 in Annexure 3;

(b) typed script on A4 size standard paper; and

(c) contain the information as required in that form.

(4) An application must be accompanied by:
(a) a comprehensive floor of the premises clearly showing
(i) the proposed licensed premises indicated in colour in relation to the entire premises
(ii) the dimensions of each room on the premises;
(iii) the uses of all the rooms on the premises;
(iv) all doors, windows and counters (where applicable) and means of internal and external communication;
(v) the streets and places to which such means of external communication lead; and
(vi) where liquor will be stored on the proposed licensed premises;

(b) a site plan showing
(i) an outline of every building within the vicinity of the proposed licensed premises on the erf to which the application relates;
(ii) other licensed premises on the erf;
(iii) the uses of all the buildings within the vicinity of the proposed licensed premises on the erf; and
(iv) the date of preparation and the name and address of the person who prepared the plan;

(c) in a separate document, a description of the premises with reference to the construction, layout, furnishing, fixtures, fittings and floor covering;

(d) colour photographs showing the completed internal and external features of the premises or, where the application relates to incomplete premises referred to in section 44, the stage of completion of the premises;

(e) written representations in support of the application;

(f) written representations in support of any determination, consent, approval or authority required by the applicant in terms of the Act;

(g) proof that the applicable application fee set out in item 1 of Annexure 1 has been paid to the Authority;

(h) a copy of the identity document of the applicant and, in the case of a person other than a natural person, copies of the relevant registration documents, indicating the identity and, where applicable, the financial interest of all members, directors, partners or beneficiaries;

(i) such other documents as may be specified on the application form and in the Act, or as may be requested by the Authority; and

(j) notice of lodgement in the form of Form 4 in Annexure 3.

LIQUORSENSE
PO Box 18184
Wynberg 7824
Email: licensing@africonlegal.co.za
Tel: +27 (0) 21 761 2533 761 8809 & Mobile 065 931 9503

STUNNING REVERSAL, AWESOME . . . BRILLIANT  

AFRICAN LEGAL SERVICES (PTY) LTD t/a LIQUORSENSE ACHIEVES REMARKABLE SUCCESS IN THE REVERSAL OF SUSPENDED LIQUOR LICENCE

ON TUESDAY, MARCH 14 2017, specialist liquor licensing to name but one such specialty, niche consultancy African Consolidated Legal Services (Pty) Ltd t/a LIQUORSENSE Chief Executive Officer, Vincent Phillips and Tanya Swanepoel, attorney, successfully argued for the lifting of the suspension imposed on the licensed entity known as "TOWN TO TAVERN". The licensed premises had over several years achieved notoriety albeit for all the wrong reasons and subsequently had it's operating licence suspended in terms of prevailing law.  

The licensed entity had been in limbo for the past 4 or so years and after a string of failed attempts and several law firms later, LIQUORSENSE successfully argued for and succeeded against all odds to have the suspension lifted and the Liquor Licensing Tribunal ("the LLT") further allowed for trading to resume after certain conditions had been met including the transfer of the licence and payment of the arrear licence fees.  

On Tuesday, April 18 2017, African Consolidated Legal Services (Pty) Ltd will be seeking to emulate a similar feat when it begins legal argument (represented by Adv Michelle Holt) in a matter that could possibly result in a precedent setting judgment in yet another matter that will have reverberations far beyond that of the confines of the applicants' constituency. On Friday, April 21 2017 we will yet again seek the intervention of the courts when we bring yet another application in the High Court, Western Cape Division, an application that is sure to stir controversy and rock the proverbial boat.

We will keep you informed of this historic application and continue to deliver quality services to our clients, who remain the pivot around which we strive to excel and a thank you to the Liquor Licensing Tribunal in affording us the opportunity.  

The Ultimate Expression of Excellence

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Proposed liquor amendment bill slammed

Bar owners and liquor traders criticized proposed provincial liquor amendment regulations at a public participation meeting, held at a city hotel on Friday February 2.

The meeting was held by the provincial Department of Community Safety, which oversees the Liquor Authority in the Western Cape.

The saturation of liquor licences in a particular area, regulation of unlicensed establishments, correct documentation to open an establishment and deadlines within the Liquor Authority were some of the issues raised at the meeting.

The public has until Tuesday February 28 to comment on the amendments, and various public meetings have been held throughout the city to explain the amendments and give people a chance to have their concerns addressed by members of the Liquor Authority and the Liquor Tribunal.

The provincial liquor regulation amendments are not to be confused with the proposed national liquor act amendments, which are simultaneously going through public participation, also until February 28.

Community Safety MEC Dan Plato said that while the national proposed liquor act dealt with regulating the liquor industry and the sale of liquor on a large scale, the provincial proposed bill dealt with regulating the Western Cape's own liquor industry issues.

"We are increasing prices and tightening some of the regulations and addressing the issues that we have in the province. We have some with the national proposed act, such as raising the legal age group to 21 years old as opposed to 18 years old, and he fact that they propose that no liquor establishments be opened 500m away from a place of worship, a school, rehabilitation and treatment centres and recreational centres. This will have a dire impact on the liquor industry in our communities and townships, and we will engage extensively with the national government about this."

Some of the other amendments highlighted in the proposed national liquor act prohibits liquor advertising on radio and TV between 6am and 7pm daily and a ban on billboard advertising being placed less than 100 meters away from street corners and traffic junctions.

The current act prohibits liquor adverts from 2pm to 5pm on weekdays and before noon on weekends on TV, and radio restrictions are 6am to 9am and 2pm to 5pm on weekdays, and no adverts before noon on weekends.

ANOTHER major change will see liquor inspectors given more power to regulate unlicensed establishments. The Liquor Authority only deals with licensed liquor outlets, and, up to now, unlicensed premises have been dealt with by SAPS.

The Liquor Authority only has eight liquor inspectors operating in the Western Cape.