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.
Zoning.
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.
Clearance
Certificates.
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.
Trading
Hours.
The trading hours are specified as Monday
to Sunday between 09h00 and 18h00.
Records.
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.
Invoicing.
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.
General.
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
Frik Liebenberg Business Advisory Services cc 99/05522/23
082 556 8368
