FREQUENTLY ASKED QUESTIONS
Provincial Liquor Act
1What types of licences are there?
1. On-consumption – bars, restaurants, hotels, tourist facilities
2. Off-consumption – liquor stores, retail outlets, distributors to unlicensed trade (man-on-the-street – without a licence)
3. Both on- & off-consumption
4. Micro-manufacturing – this is for manufacturers who manufacture liquor of less than the prescribed volume thresholds of the National Liquor Act
2. Off-consumption – liquor stores, retail outlets, distributors to unlicensed trade (man-on-the-street – without a licence)
3. Both on- & off-consumption
4. Micro-manufacturing – this is for manufacturers who manufacture liquor of less than the prescribed volume thresholds of the National Liquor Act
2How does the application process work?
1. New applications are lodged on the last Friday of each calendar month.
2. Notices are displayed at the premises to advise the public of the application.
3. A copy of the application is lodged with the Designated Police Officer (DPO). The DPO gets input from the local Community Police Forum (CPF), neighbours and other interested parties.
4. The application also gets circulated to the municipality by the Liquor Authority. All departments of the municipality, eg building, zoning, health, safety, ward councillor and law enforcement, etc have an opportunity to comment on the application.
5. Once the reports from the DPO and the municipal comments are received, and there are no comments or objections which require a response, the application will be advertised by the Liquor Authority for a further public participation process of approximately 35 days.
6. Should the DPO report or municipal comments contain any objections or comments which require a response, the Applicant will be required to respond thereto.
7. Once advertised and all comments and objections have been responded to, the application will be considered by the Liquor Licensing Tribunal (LLT). The following options are possible once the application has been considered:
1. The application may be postponed for further information and/or documentation required by the LLT.
2. The application may be conditionally approved pending submission of certain documentation/information, where after it will be referred for finalisation.
3. The application may be approved.
4. The application may be postponed for a hearing.
5. The application may be rejected. If rejected, the Applicant may request reasons within 30 days of notification of the rejection, by making payment of the prescribed fee and requesting reasons for the rejection in writing. Once the reasons are received, the Applicant will have the option to Appeal the decision.
6. The appeal procedure is internal in the sense that it is dealt with by the Liquor Authority, not a Court of law.
2. Notices are displayed at the premises to advise the public of the application.
3. A copy of the application is lodged with the Designated Police Officer (DPO). The DPO gets input from the local Community Police Forum (CPF), neighbours and other interested parties.
4. The application also gets circulated to the municipality by the Liquor Authority. All departments of the municipality, eg building, zoning, health, safety, ward councillor and law enforcement, etc have an opportunity to comment on the application.
5. Once the reports from the DPO and the municipal comments are received, and there are no comments or objections which require a response, the application will be advertised by the Liquor Authority for a further public participation process of approximately 35 days.
6. Should the DPO report or municipal comments contain any objections or comments which require a response, the Applicant will be required to respond thereto.
7. Once advertised and all comments and objections have been responded to, the application will be considered by the Liquor Licensing Tribunal (LLT). The following options are possible once the application has been considered:
1. The application may be postponed for further information and/or documentation required by the LLT.
2. The application may be conditionally approved pending submission of certain documentation/information, where after it will be referred for finalisation.
3. The application may be approved.
4. The application may be postponed for a hearing.
5. The application may be rejected. If rejected, the Applicant may request reasons within 30 days of notification of the rejection, by making payment of the prescribed fee and requesting reasons for the rejection in writing. Once the reasons are received, the Applicant will have the option to Appeal the decision.
6. The appeal procedure is internal in the sense that it is dealt with by the Liquor Authority, not a Court of law.
3Who must attend compulsory training session?
1. All managers who are appointed in terms of the new application or in terms of Section 52 of the Liquor Act must attend a compulsory training session at the Liquor Authority.
2. The Liquor Authority may require all directors/members/trustees or individuals who are Applicants to attend the training sessions.
2. The Liquor Authority may require all directors/members/trustees or individuals who are Applicants to attend the training sessions.
4What is required for purposes of being appointed as a manager?
1. Copy of ID document.
2. Proof of residential address.
3. Short CV.
4. That the appointed manager is not disqualified as per the above criteria.
2. Proof of residential address.
3. Short CV.
4. That the appointed manager is not disqualified as per the above criteria.
National Liquor Act
1What types of registrations are there?
1. Manufacturing
2. Distribution
3. Both manufacturing and distribution
2. Distribution
3. Both manufacturing and distribution
2How does the application process work?
1. All applications must be complete and contain all documentation required in terms of the Act.
2. All annexures must be certified.
3. Police clearances for each director/member/trustee/individual must be submitted, and if such person(s) are foreigners, police clearances from their country of origin will be required.
4. If applications are submitted in comprehensive format containing all required documentation and information, the NLA attempts to finalise the application within 90 days.
5. Applications may be conditionally approved, pending submission of further information and/or documentation as required by the NLA within a prescribed time period.
6. Any application which is lodged in incomplete format, will be rejected and application fees may be forfeited.
2. All annexures must be certified.
3. Police clearances for each director/member/trustee/individual must be submitted, and if such person(s) are foreigners, police clearances from their country of origin will be required.
4. If applications are submitted in comprehensive format containing all required documentation and information, the NLA attempts to finalise the application within 90 days.
5. Applications may be conditionally approved, pending submission of further information and/or documentation as required by the NLA within a prescribed time period.
6. Any application which is lodged in incomplete format, will be rejected and application fees may be forfeited.
General Liquor Licence Related Queries
1How do I know whether I must apply on provincial level or register on national level as manufacturer or distributor?
Manufacturing – registration on national level is required when manufacturing above the prescribed volume thresholds per annum:
• Beer: 100 million litres
• Sorghum beer: 50 million litres (traditional African beer)
• Wine: 4 million litres
• Spirits: 2 million litres
Distribution – if the Applicant wishes to sell/distribute to the licensed trade (other businesses holding liquor licences)
• Beer: 100 million litres
• Sorghum beer: 50 million litres (traditional African beer)
• Wine: 4 million litres
• Spirits: 2 million litres
Distribution – if the Applicant wishes to sell/distribute to the licensed trade (other businesses holding liquor licences)
2What is a floor layout plan?
A floor layout plan is a plan of the actual premises in respect whereof the application is lodged, and contains details such as the entrance(s), exit(s), doorways, windows, service area, bar area, kitchen, storage, cloakrooms. Full dimensions must be provided in length and width of each area, and heights in respect of counters.
For an Event Liquor Licence application, you will need to submit a comprehensive floor plan including:
•the proposed licensed premises in relation to the entire premises
•the dimensions of the premises
•the dimensions of each room
•the uses of all the rooms on the proposed licensed premises
•all doors, windows and counters
•the streets and places that these external access lead to where liquor will be stored •the areas on the proposed licensed premises where liquor will be sold
•the areas on the proposed licensed premises where liquor will be consumed
For an Event Liquor Licence application, you will need to submit a comprehensive floor plan including:
•the proposed licensed premises in relation to the entire premises
•the dimensions of the premises
•the dimensions of each room
•the uses of all the rooms on the proposed licensed premises
•all doors, windows and counters
•the streets and places that these external access lead to where liquor will be stored •the areas on the proposed licensed premises where liquor will be sold
•the areas on the proposed licensed premises where liquor will be consumed
3What is a site plan?
A site plan is a plan of the building or property in which the premises are located. If there are other businesses in the building and or various floors, this must be shown. The exact location of the premises in respect whereof the application is made in the building, must be shown. If there are other licensed premises in the same building, the location of these licensed premises must also be shown on the site plan.
For an Event Liquor Licence application, you will need to submit a site plan including:
•the proposed licensed premises, an outline of every building on the erf
•the relation of the proposed licensed premises to a residential area;
•the relation of the proposed licensed premises to any institutions with distances indicated in metres
•other licensed premises on the erf
•the date of preparation of and the name and address of the person who prepared the plan
•an aerial view map showing the relation of the proposed licensed premises to a residential area
•indexed colour photographs showing the completed internal and external features of the proposed licensed premises as indicated on the floor plan referred to in paragraph
•and a separate document with a description of the premises, the construction, layout, furnishing, fixtures, fittings and floor covering
•certified copies of the identity document of the applicant, the passport and visa (where applicable) and the
•relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees of the applicant.
You will also need : •an affidavit by the applicant that he, she or it is not disqualified in terms of section 35 from holding a liquor licence
•proof of ownership of the proposed licensed premises or written consent from the owner that the applicant may use the proposed licensed premises
•the nomination for the appointment of a manager
For an Event Liquor Licence application, you will need to submit a site plan including:
•the proposed licensed premises, an outline of every building on the erf
•the relation of the proposed licensed premises to a residential area;
•the relation of the proposed licensed premises to any institutions with distances indicated in metres
•other licensed premises on the erf
•the date of preparation of and the name and address of the person who prepared the plan
•an aerial view map showing the relation of the proposed licensed premises to a residential area
•indexed colour photographs showing the completed internal and external features of the proposed licensed premises as indicated on the floor plan referred to in paragraph
•and a separate document with a description of the premises, the construction, layout, furnishing, fixtures, fittings and floor covering
•certified copies of the identity document of the applicant, the passport and visa (where applicable) and the
•relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees of the applicant.
You will also need : •an affidavit by the applicant that he, she or it is not disqualified in terms of section 35 from holding a liquor licence
•proof of ownership of the proposed licensed premises or written consent from the owner that the applicant may use the proposed licensed premises
•the nomination for the appointment of a manager
4What is a locality plan?
A locality plan is an aerial view of the area in which the premises are located, with information such as other businesses, streets etc. (Google maps are quite handy for this purpose).
5What is correct zoning?
On the zoning certificate the sale of liquor must be a primary use in respect of the premises. Any reference to a restaurant, entertainment facility, hotel, tourist facility etc will indicate that the premises should be correctly zoned for purposes of making application for a liquor licence. Generally one of the categories of commercial/business zoning will suffice.
6Who is disqualified to apply for a liquor licence and/or be appointed as a manager?
1. Anyone who has, within 5 years prior to the lodgement of the application, been sentenced to imprisonment without the option of paying a fine;
2. Anyone who has, within 5 years prior to the lodgement of the application, been declared to be unfit to hold a registration by the National Liquor Authority, or a licence by any provincial liquor board or authority;
3. Anyone who is an unrehabilitated insolvent;
4. Anyone who is a minor upon the date of consideration of the application;
5. Anyone who was the holder of a licence which was cancelled in terms of the provisions of the Act, or an Act regulating liquor licences in any other province, within a period of 12 months prior to the lodgement of the application;
6. Anyone who is the spouse or life partner of a person described in 1, 2 or 5 above.
7. Anyone who is mentally ill as defined in the Mental Health Care Act, 2002 (Act 17 of 2002).
2. Anyone who has, within 5 years prior to the lodgement of the application, been declared to be unfit to hold a registration by the National Liquor Authority, or a licence by any provincial liquor board or authority;
3. Anyone who is an unrehabilitated insolvent;
4. Anyone who is a minor upon the date of consideration of the application;
5. Anyone who was the holder of a licence which was cancelled in terms of the provisions of the Act, or an Act regulating liquor licences in any other province, within a period of 12 months prior to the lodgement of the application;
6. Anyone who is the spouse or life partner of a person described in 1, 2 or 5 above.
7. Anyone who is mentally ill as defined in the Mental Health Care Act, 2002 (Act 17 of 2002).
7What if the trade name is changed?
Should the applicant decide to amend/change its trade name, the Liquor Authority or National Liquor Authority must be notified in writing of the change of name.
8What if the entity in which the licence / registration is held changes?
• On provincial level an application for the transfer of a licence must be submitted if a different entity is involved, for example, when a business is sold.
• In cases where the financial interest in an entity which is a licence holder changes by 5 % or more, an application for the change of financial interest must be submitted.
• In cases where the financial interest in an entity which is a licence holder changes by 5 % or more, an application for the change of financial interest must be submitted.
9What if the layout of a licensed premises changes?
If the layout of the premises changes, an application for the alteration or extension of the premises must be submitted to the Liquor Authority or National Liquor Authority.
10What if the location of the licensed premises changes?
If the location of the licenced premises changes, an application for the removal/relocation of the licence must be submitted to the the Liquor Authority or National Liquor Authority.
11What do I need to be compliant with my liquor licence?
If the location of the licenced premises changes, an application for the removal/relocation of the licence must be submitted to the the Liquor Authority or National Liquor Authority.
12What do I need to be compliant with my liquor licence?
1. Management appointment.
2. Copy of actual licence and licence conditions.
3. Regulation 37 notice.
4. Proof that licence has been renewed and is valid.
2. Copy of actual licence and licence conditions.
3. Regulation 37 notice.
4. Proof that licence has been renewed and is valid.