Friday, 28 June 2013

Important information relating to a Liquor Licensed Premises. Gauteng Liquor Act 2 of 2003

Important information relating to a Liquor Licensed Premises.
Gauteng Liquor Act 2 of 2003

1.      The liquor license certificate must be displayed on a conspicuous place on the premises and be produced on demand by a person authorized thereto by this act or any law.
2.      If your liquor license is in the name of a Close Corporation, Company etc. a section 40 application must be made whereby a natural person is appointed as manager over the license.
3.      If the liquor license is in the name of a natural person, and the license holder is not permanently present at the premises, a person who is permanently at the premises must be appointed in terms of Section 40.)
4.      Do not make any structural changes to the premise before a Section 43 application for the alteration, addition or reconstruction of the premises has been approved by the liquor board.
5.      A licensee shall refuse to sell alcohol to an intoxicated person.
6.      A licensee must display on the front door or window of a licensed premises a notice with characters of larger than 5 centimeters in height the following:                                   

  •  Name of Business.
  •  Type of license 
  •  Times of Business
  •  License Number

7.   Selling of liquor is regarded if you exchange or keep, offer, display, deliver, supply or dispose of for sale, or authorize or allow a sale. Supply is to place a person. in possession or control of the liquor for consumption. Therefore if you do not have a liquor license do not charge a cover charge with “free Liquor” or other methods to justify an unlawful sale of liquor.
8.   Ensure that you choose an experienced liquor consultant who can supply references and proof of successful liquor license applications. Where an application for a license has been refused by the Board, no new application may be made in respect of the same premises within a period of one year from date of refusal....
9.   Gauteng Liquor licenses must be renewed one day before the original issue date of the Liquor License. If you renew one month after the issue date a fine of 50% and two months after the issue date a fine of 100%is imposed. The third month the license expires without a possibility of reinstating the license. A new application must then be made. A renewal advice must be collected from the Board and payment must be made at First National Bank. Your renewal advice and FNB receipt must be kept for the renewal process of the following year.
10. The practice of renting a liquor license is unlawful and can result in the closure of the business and the possibility of further legal action.
11. A liquor license in Gauteng can not be removed from one premises and transferred to another premises. A new application must be made on the new premises.
12. Sale of liquor to individuals under 18 years old is regarded in a serious light and can result in criminal charges brought against the seller and / or the license holder.
13. There is no liquor license which will allow 24 hour delivery or sale of liquor.

For free advise contact

Frik Liebenberg

Frik Liebenberg Business Advisory Services cc 99/05522/23

082 556 8368

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