wwwLiquor act, 59 of 2003
On 3 December 2013 the Liquor Amendment Regulations was published in the Government Gazette Gazette no. 37091.
We of Frik Liebenberg Business Advisory Services, in our capacity as Liquor License Consultants, welcome the Amended Regulations as a positive step to regulate the applications for and the conduct of a National Liquor Registrant such as a Manufacturer, Distributor or both. The instructions are clear and will reduce uncertainties and will hopefully reduce lead times.
The Amendment Regulation clearly defines the Zoning requirements of the property as Industrial or by consent from the Local Authority.
The Land Use Rights of a property plays an important role in your Liquor License Application.
What is Zoning of a property? A Municipality begins with the planning process of land. This result is the Zoning of property, which allows certain uses and prohibits certain uses of such land.
This process regulates the subdivision of land, street plans, plans for public facilities and building regulations. This planning process plan for the construction of schools, roads, sewage, water and electricity supply, policing, fire protection, businesses and other.
Zoning of a property is the regulation put in place to preserve the character of the area and in turn regulate health, safety, welfare, morals, and limit nuisance disturbance to land users. Zoning must promote land use to the best interest of the occupants. It acts as a stabilizing factor in neighborhoods and preserves the character of the community.
The essential purpose of Zoning is to segregate Residential, Agricultural, Commercial (business), and Industrial areas from one another.
Regulations have been put into place to protect residential areas from encroachment by petrol stations, businesses causing a nuisance, excessive heavy vehicle traffic, factories, liquor outlets, and other disturbances.
Factors taken into consideration are traffic, character of neighborhoods, the fitness of the land involved and influence on property values.
The Zoning of a property regulate, among other things the Nuisance emanating from the use of a property. That is “An unreasonable, unwarranted or illegal use of property that infringes the rights of other people.” Therefore the quiet enjoyment of a person’s property is invaded by a person, causing the nuisance without that individual actually physically invading your property. A nuisance can affect ones health, morals, safety, welfare, comfort or convenience.
It is therefore important to ensure that the proposed property is correctly Zoned for the application of a Liquor License.
If you apply for a liquor license on i.e. a residential zoned property your application may be refused, resulting in a financial loss.
The Municipality also has the right to close down your business if you trade on a premises Zoned for residential.
The structure of the application is now formalized and is similar to the Gauteng provincial requirements. Requirements such as a South African Police clearance certificate and a Tax clearance certificate are now required. There is also provision made for the inspection of the registered premises.
The trading hours are specified as Monday to Sunday between 09h00 and 18h00.
Records must be kept by the registrant of any person or business entity purchasing liquor, and must contain the following information:
- Delivery address.
- Registration information.
- Invoice numbers and date of issue.
- Kind and quantity of liquor supplied.
- Purchase price.
When a delivery is made a copy of the invoice must accompany the delivery vehicle and an original invoice must be kept on the registered premises. The delivery address must be on the invoice. Deliveries must be made only to the addresses as indicated on the invoice.
We receive numerous enquiries from applicants who wish to “Distribute” liquor from an office or house without storing the liquor at their premises. The regulations make it clear that the premises must be Zoned industrial or the Municipality must give written consent for such an application.
A registration for Distribution allow only sales to Licensed outlets such as a Restaurant, Pub, Tavern, Liquor Store etc. and no sales to the public is allowed.
For Any further information required contact
Frik Liebenberg Business Advisory Services cc 99/05522/23
082 556 8368