NEW PERMANENT LICENCE
Application may be made for either on- or off-consumption or both on- and off-consumption licences. On-consumption means consumption of alcohol is on the premises while off-consumption means consumption is done away from the premises. Micro-manufacturing is normally treated as an off-consumption licence, but there is an option to include on-consumption under certain circumstances.
For a New Liquor Licence application you will need:
As of section 36(2), an application for a licence must be lodged with the liquor authority by 14h00 on the last Friday of the month. If that preceding Friday is a public holiday, on the last working day before that public holiday.
You will need to attach the following documents:
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 and
- the areas on the proposed licensed premises where liquor will be consumed
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
TRANSFER OF LICENCE
Application to transfer an existing licence to an entity/Trust or individual may be made. Valid and current licences are transferred from one person or entity to another.
For the Transfer of a Liquor Licence you will need:
Copies of the following:
- An affidavit by the applicant that he, she or it is not disqualified in terms of section 35 from holding a liquor licence
- Certified copies of the identity document of the applicant
- The passport and visa (where applicable)
- Relevant registration documents, indicating the identity and, where applicable, the financial interest of all the members, directors, partners, beneficiaries or trustees of the applicant.
These documents must be accompanied by:
- Proof of ownership of the licensed premises or written consent from the owner that the proposed licensee may use the licensed premises for the purposes of the licence.
- Proof of the reason for the transfer.
CONSENT TO TRADE APPLICATION
This accompanies an application for the transfer of the Liquor licence. It entitles the prospective holder to continue trading under the existing licence pending the finalisation of the transfer application.
ALTERATION/ADDITION
An application for alteration is made when an existing licensed premises is altered in any structural way, or the location of the storage, bar counter, seating area or any other service area is changed. An application for addition is made if an existing licensed premises is expanded by the addition of a further portion/area to the premise.
CHANGE OF FINANCIAL INTEREST
This type of application is required when the members/shareholders of a CC/Company changes by more than 5% (five percent).
REMOVAL
When the licensed business is moved from one location to another location, albeit on the same property or premises, you may have your liquor licence revoked or removed. This may also occur if the business is moved from one shop to another shop, within the same shopping centre.
For Removal of a Liquor Licence you will need:
Firstly, you must display a notice in the form of Form 27B in Annexure 3, in the three official languages of the Province, in a prominent place on the licensed premises so that it is visible to passers-by. This must be headed by the words: “NOTICE OF LODGEMENT OF APPLICATION FOR REMOVAL OF LIQUOR LICENCE”.
As of section 36(2), an application for removal of a licence must be lodged with the liquor authority by 14h00 on the last Friday of the month. If that preceding Friday is a public holiday, on the last working day before that public holiday.
You will need to attach the following documents:
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 and
- the areas on the proposed licensed premises where liquor will be consumed
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
MANAGEMENT APPOINTMENT
Each licenced business must have an appointed manager. The manager must be a suitable person in terms of the Act, and not be disqualified by way. A serious criminal offence in the preceding 5 years.
When applying for a liquor licence, for the nomination of a manager you will need:
Certified copies of the following:
- Identity document of the applicant
- The passport and visa (where applicable)
- The proof that the nominated person resides in the Province
- Short/basic CV of the nominated person in terms of:
- School attended & year of graduation
- Work history
- Job title and year(s)
- An affidavit by the applicant that he, she or it is not disqualified in terms of section 35 from holding a liquor licence
The appointed manager will then need to attend training at the liquor authority. Training takes place at the liquor authority every Friday from 10:30 – 14:30. The appointed manager will then receive a training certificate from the liquor authority which must then be displayed at the licensed premises.
TEMPORARY LICENCE APPLICATION
This means a licence holder of an existing liquor licence may apply to the Liquor Authority to utilise the licence at a different venue for a period of 30 days per calendar year. Applications must be lodged at least 14 days prior to the events. Application may not be made for more than 14 days at a time.
EVENT LICENCE APPLICATION
A liquor licence is required for events. The applicant needs to be an organiser of the event, and the event must entail a welfare or educational organisation fundraiser, exhibition, cultural gathering, sports meeting or artistic performance. Whether the event entails consumption on- or off-premises, the application must include the required documentation and must be lodged at least 14 days before the event starts for the licence to be granted for the duration of the event. Saunders Attorneys have the knowledge and skills to assist you in successfully obtaining a liquor licence for an event.
For an Event Liquor Licence application you will need:
A special event license can only be applied for by an individual (normally the organizer of the event). We require the following documentation in respect of this individual:
1.1 Copy of 10/Passport.
1.2 Proof of residential address (physical address) - within Western Province.
1.3 Short CV.
1.4 If foreigner, police clearance from country of origin.
Note that all applications must be lodged at least 39 days prior to the commencement of the event. Note that if you submit an application before the 39 day timeframe, penalties (condonation) fees will apply.
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 and
- the areas on the proposed licensed premises where liquor will be consumed
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:
- Details as to who has the financial interest in the event? If registered entity (Company/CC/Trust), copy of registration documents of such
- Proof of right of occupation of the venue for duration of This will be a lease or letter from the landlord confirming such right of occupation and also confirming that it has no objection to liquor being sold at its premises.
- A list of artists/designers/exhibitionists who will participate and copies of promotional material advertising the event.
- Copy of menu or if food stalls, list of foods which will be on offer and location of each stall (indicate on floor layout plan). Also indicate the dimensions of each food stall.
- Will entry fee/cover charge be levied? If so, where will this be paid - indicate on floor layout plan, the cost and how access control will be monitored.
- If live entertainment will be provided, proof that the necessary application has been made to the City for the entertainment license/noise exemption permit.
- Traffic impact and parking - indicate on site plan if the premises has any parking available and how many is allocated towards attendees, any on-street parking, which roads are in close proximity where parking will be available, parking areas (open spaces), etc.
- Security measures and access control.
- Will minors be allowed? What measures will be in place to ensure that minors do not purchase and/or consume liquor?
- Zoning certificate of premises - we can assist if located in Cape Town and surrounds.
- Colour photographs of interior/exterior of premises.
- Signed Section 35 Affidavit which we at Saunders Attorneys will supply.