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Our courts need to send a consistent message about alcohol, consent and sexual violence

23 April 2024

Reprinted from Women’s Agenda, by Caterina Giorgi – 2024-04-22

t was a judgement hailed as a huge step forward in the fight for sexual assault survivors to be believed by the justice system.

After the federal court ruled Network Ten had not defamed Bruce Lehrmann – finding on the balance of probabilities, their story that he raped Brittany Higgins was true – journalist Lisa Wilkinson said she hoped it would, “give strength to women around the country.”

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WCLA issues nearly R7m in fines to Western Cape liquor outlets

18 February 2024

Reprinted from Cape Town etc., by Ilze-Mari van Zyl – 2024-02-15

The Western Cape Liquor Authority (WCLA) issued 169 fines amounting to nearly R7 million to licensed liquor outlets across the province between November 2022 and November 2023.

The total number of fines amounted to R6 990 000, of which 49 totalling R2 100 000 were issued to licence holders in the priority areas.

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Cops discover fake booze distillery in Khayelitsha

9 January 2024

Reprinted from iol.com, by Byron Lukas – 2024-01-08

Cape Town – Cape Town law enforcement officers cracked down on an illegal distillery in Khayelitsha where people were allegedly dealing in, and manufacturing, alcohol.

Law Enforcement spokesperson Wayne Dyason said the officers were out on patrol in the area on Friday when they came across the goods.

“The vehicle seemed heavily loaded but had only two occupants, which seemed odd and raised the suspicion of the officers.”

According to Dyason, after officers stopped and searched the vehicle they found eight 25-litre sealed canisters containing what they thought were chemicals.

“The driver claimed it was water. The officers then took the vehicle to Harare SAPS and went with the two suspects to their residence,” he said.

At the property, the officers discovered several bottles of various alcohol brands like Old Buck Gin, Gordon’s Gin, Jameson Whiskey and Smirnoff Vodka. The officers also found empty boxes of Gordon’s Gin bottles, bottle caps and stickers as well as 17 sealed 25-litre canisters containing chemicals.

Nine large canvas bags of empty Old Buck and Gordon’s Gin 750ml bottles, Gordon’s Gin cardboard boxes and R2750 in cash were also discovered.

Dyason confirmed that both suspects were arrested and charged under the Liquor Act.

“Both suspects were detained at Harare SAPS and charged with dealing in liquor without a liquor licence, and manufacturing and bottling of alcohol without a liquor licence. All charges are under the Liquor Act,” he said.

Help with your liquor licence

If your liquor licence application renewal is outstanding we can help you with submission and the correct documentation. We can handle objections and manage any compliance issues. Get legal help with your liquor licence application here.  

Further reading:

Strategies for combating illicit trade in the liquor industry

Strategies for combating illicit trade in the liquor industry

18 December 2023

The nature of the illegal sale of alcohol means it is difficult to quantify the precise scale of illicit trade in the liquor industry. But Tax Justice South Africa, an NGO set up to tackle the large-scale tax evasion that is depriving South Africans of vital services, estimates that 500 million litres of illegal alcohol is consumed in South Africa every year, costing the country R6 billion in taxes. Furthermore, because the manufacture of illegal alcohol is unregulated, it may contain fatal levels of alcohol or other toxic ingredients. What is being done to combat the illicit trade in liquor? 

Regulation

Illegal sale of alcohol in the Western Cape is currently regulated by SAPS. It is not regulated by the Western Cape Liquor Authority and therefore premises suspected of illegal trading are not inspected by Inspectors from the Western Cape Liquor Authority. This activity falls outside of the scope of the Western Cape Liquor Act 4 of 2008 (as amended).  

White paper

The Western Cape Liquor Authority drafted the Western Cape alcohol-related harm reduction policy which currently is currently available for comment. The White Paper states:  

“Unlicensed liquor outlets and the illicit liquor trade identifies the concern of a lack of regulation leading to increased harm and the loss of tax and licence revenue that can be used to mitigate harms. 

The policy proposes taking steps to bring responsible unlicensed liquor outlets into the regulated space in a sustainable and responsible manner, identifying mechanisms and criteria that will enable the re-zoning of outlets for liquor sales in appropriate residential areas and prioritising upstream interventions targeting suppliers to the unlicensed liquor industry and the illicit liquor trade. 

Awareness of alternative economic opportunities should be provided to currently unlicensed outlet owners. Liquor enforcement units are to be capacitated and strengthened through increased resources and an integrated liquor enforcement approach, among other proposals.”

According to the Western Cape Liquor Authority, the number of licensed liquor outlets in the Western Cape in December 2015 was 9,296, comprising 8,888 liquor licences issued by the Western Cape Liquor Authority and 408 issued by the National Liquor Authority. In a 2015 survey, the number of unlicensed liquor outlets in the Western Cape was estimated at 3,483, equal to 37% of licensed outlets.

The White Paper proposes the following policy interventions:  

  • Take steps to bring some responsible unlicensed liquor outlets into the regulated space in a sustainable and responsible manner to facilitate compliance with minimum requirements.

The regulated space must be attractive for both traders and their customers. Incentives for becoming a licensed outlet should be clearly identified and communicated to current illegal outlets as well as the consequences of not becoming licensed. The application process for liquor licences must be simplified and streamlined.

  • Identify mechanisms and criteria, working with municipalities, that will enable the re-zoning of outlets for liquor sales in appropriate residential areas.

The importance of this is to ensure there is a clear basis for re-zoning. Zoning is a municipal competence. The issuing of liquor licences is a provincial competence and the proposal is to ensure collaboration between the two spheres of government in order to reduce harm, while bringing a predictable and regulated environment, particularly for outlets in residential areas. 

  • Prioritise upstream interventions targeting suppliers to the unlicensed liquor industry and the illicit liquor trade. 

A key strategy to combat the unlicensed liquor industry and the illicit liquor trade is to cut off the supply at the source. Obtaining information from community structures and enforcement officials of the licensed traders supplying the liquor, targeting enforcement operations on these licensed traders and lobbying for the prioritisation of the prosecution of them is recommended as a focus area. 

  • Place evidence before the justice system to argue for the prioritisation of liquor law transgressions and to be considered in the sentencing process for tougher sanctions. 

Unlicensed liquor outlets that cannot be brought into the regulated space and those that do not comply must face the consequences of the justice system, be prosecuted and closed down. Alcohol’s mind-altering effects are drivers of various and extensive harms, including violence (especially gender-based violence) and criminal activities such as robbery, murder and assault. The courts need to be cognisant of this and prosecutors need to be assisted with evidence, such as academic studies and statistics, placed before the courts. Consistent prosecution and heavier sentences will also act as an incentive to become licensed. 

  • Create awareness of alternative economic opportunities to currently unlicensed outlet owners who cannot be accommodated within the applicable zoning scheme.

A clear strategy benefiting and empowering individuals regarding economic alternatives must be developed and shared with the affected parties, including information on relevant business support programmes. 

This White Paper was drafted and has been in circulation since 2015, so whether these amendments and proposals are ever implemented remains to be seen.  

Help with your liquor licence

If your liquor licence application renewal is outstanding we can help you with submission and the correct documentation. We can handle objections and manage any compliance issues. Get legal help with your liquor licence application here.  

Ethical advertising

Understanding the ethical issues in liquor advertising

30 October 2023

Advertising alcoholic drinks is legal…but is it ethical?

Alcohol is a legal substance, enjoyed by millions without harm to themselves or others. On the other hand, alcohol is a drug which is abused, resulting in ruined lives, violence, and sometimes death – to the user or someone else. How do alcohol beverage producers navigate a vastly divergent customer base to safely and responsibly advertise their products to their target markets? The law permits the promotion of alcoholic drinks, unlike tobacco products, whose advertising or promotion is prohibited through any direct or indirect means by the Tobacco Products Control Act 1993. While both products can be addictive and have potential health risks, there are some key differences that contribute to the disparate regulatory approaches. Let’s look at the ethics of liquor advertising.

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System of taxing liquor calls for an urgent review – opinion

31 July 2023

Reprinted from Business Day, by Fatsani Banda – 2023-07-28

It is understood that builders should focus on foundations as the houses they construct will not stand if they are not firmly set.

This analogy fits aptly into recent discussions on pricing strategies directed at the reduction of liquor  harm, namely excise taxes and more recently minimum-unit pricing (Mup), where the former forms the base of the policy norm, and the latter is yet to gain momentum as global best practice.
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Limpopo liquor traders are against midnight alcohol sales cut-off

26 July 2023

Reprinted from Times Live, by Sinesipho Schreiber – 2023-07-25

Limpopo liquor traders have vowed to take the provincial government to court over the new regulation restricting alcohol sales after midnight.

Limpopo MEC for economic development, environment and tourism Rodgers Monama announced the provincial government would from August 1 implement a law restricting the sale of alcohol after midnight.

Monama said alcohol was a contributing factor in gender-based violence, child abuse, community instability, trauma incidents, rape and other crimes in the province.
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The role of a liquor law consultant

20 June 2023

How can a liquor law consultant smooth your licensing process?

If you are applying for your first liquor licence, or renewing an existing licence, you may decide to enlist help. Or you may prefer to go it alone. Do you need professional assistance? What are some of the benefits of using a liquor law consultant? As the legislation stands, there is no requirement to engage an attorney to submit an application to the Western Cape Liquor Authority and/or the National Liquor Authority. Anyone who wishes to obtain a liquor licence can submit the application on their own behalf. The costs of the various licences are published on the WCLA’s website and there is now an eLicence portal which allows licence holders to manage their licences online. Currently it is only possible to renew an existing licence online and not apply for an initial licence.

Why use a liquor law consultant?

If you can manage your own licence, why would you choose to use a consultant? There are obviously cost savings to be found in the DIY approach. But there are also false economies – “actions that save money at the beginning but, over a longer period of time, result in more money being wasted than being saved”. Generally a consultant who assists with your liquor licence is an attorney who specialises in liquor legislation. As with most areas of the law, liquor legislation has become a very specialised field. An attorney will know, for instance, how applications are being considered and viewed by the authorities at different times. An attorney will also know what information and documentation the authorities require, where the information is not stated in the Act or in the information provided by the different authorities.

Critically, an attorney has relationships with people at the various licensing boards, built up through time and experience, and enjoys direct access to the key role players. This might be particularly helpful if there are any irregularities with your licence application or if you have specific questions.

Freedom from the administrative burden

Applying for a liquor licence can be tedious and carries with it a considerable administrative burden. If you appoint an attorney to handle your licence application for you, that burden falls on the attorney. It is your responsibility to provide the requisite information and documentation to your attorney. It is not their job to produce documents. But it is their job to ensure the documentation complies with the legislative requirements and turn your information and documentation into a valid application. And because they are an expert in the field, they are almost certain to complete the process much more rapidly than you could. If you consider all the other tasks on your plate as the owner or manager of licensed premises, and the time you can save by outsourcing your liquor licence application, the cost of engaging a liquor licence attorney becomes extremely good value.

Other stakeholders

A liquor licence application is submitted not only to the liquor licensing authorities. There are various third parties that may have a stake in an application. Your attorney can deal with these on your behalf. Stakeholders may include the local SAPS office, the applicable municipal office and, in some instances, the Department of Agriculture, Fisheries and Forestry. It may also be necessary for the attorney to liaise with the Western Cape Educational Department and/or town planners.

Handling objections and compliance issues

From time to time, objections are lodged against an application. This is not uncommon in suburban neighbourhoods, particularly where licensed premises already operate. Community groups often want to limit the number of outlets, motivated by concerns over noise, crime, antisocial behaviour, or proximity to schools or churches. An experienced attorney knows how to deal with these objections and provide representations on behalf of the applicant.

An attorney who specialises in liquor legislation deals with more than just licence applications. Sometimes compliance notices are issued which could lead to fines or the suspension of the liquor licence. In serious instances, the liquor licence could be revoked. If you as the licence holder are not familiar with liquor legislation, administrative law, or the law of evidence, you could put your liquor licence at serious risk if you don’t appoint an attorney to handle the case.

An attorney does more than submit licence applications. They also assist with the portfolio of existing licenced premises to ensure you are in compliance with ever-changing liquor legislation.

Changes to liquor legislation are being proposed for discussion and public participation. Whether you are a first-time applicant or an existing liquor licence holder, it is in your best interests to work with an expert who is aware of all the risks and responsibilities that come with being the a liquor licence holder.

Help with your liquor licence

As a liquor law consultant we will ensure your liquor licence application or renewal is submitted on time and with the correct documentation. We will also handle objections and manage any compliance issues. Get legal help with your liquor licence application here.

Event liquor licence

7 June 2023

What you need to know about temporary and event liquor licences

“Pop-ups” are becoming common in all walks of life. There are pop-up restaurants, pop-up second-hand clothing shops, and pop-up cocktail bars. Regardless of the duration or the reach of the pop-up, if alcohol is sold, the outlet must have a liquor licence. Even a small function with only, for example, 20 people, hosted in a private home, requires a liquor licence if liquor is sold and not offered freely to guests. Furthermore, it doesn’t matter if the host owns a bar or restaurant and holds a liquor licence in their professional capacity. If they are selling liquor in another place, they require a liquor licence for those premises. The golden rule to keep in mind is: where liquor is sold, a liquor licence must be in evidence. There are two types of licence that may apply to the scenarios described above: a temporary liquor licence and an event liquor licence. Let’s look at the difference.

Temporary liquor licence vs. event liquor licence

When the new Western Cape Liquor Act 4 of 2008 (“the Act”) was drafted, the industry had hopes that applying for a temporary or event liquor licence would be a fairly quick and hassle-free administrative process. Unfortunately, the reality turned out to be somewhat different. When the Act came into operation on 1 April 2012, applying for a temporary or special event liquor licence became a daunting procedure.

The two types of licence are virtually the same. The distinction is that only holders of a permanent liquor licence can apply for a temporary liquor licence. A private individual or organisation wishing to sell alcohol at a one-off event must apply for an event liquor licence if they are not liquor licence holders in any other capacity.

The application process

The documentation and information that must be provided for an application for a temporary or event liquor licence is the same as an application for a permanent liquor licence, except that no zoning certificate is required. See the Western Cape Liquor Authority website for the documentation required for a permanent licence. Or find out how to renew your liquor licence.

Fee structure

An application for a temporary or event liquor licence must be submitted 40 days before the first day of the event. An application can still be submitted after the 40-day cut-off, but a penalty fee for late submission will be levied. The applicant must also apply for condonation for the late filing of the application. An unintended consequence of this regulation (or perhaps it was intended!) was that temporary and event licences became quite costly. Not all events are planned 40 days in advance. An opportunity might arise, for example, for a wine or craft beer producer to exhibit their wares less than 40 days in advance at a farmer’s market, perhaps as a late participant or substitute for a cancellation. In order to do so legally, with the proper licence, they will be subject to the penalty fees.

The penalty fee is a fee per each day the application is submitted late and currently the fee is R475 per day. Therefore, if the application is submitted on day 30 prior to the event, the application is 10 days late and the penalty fee would be R4,750!

Mobile liquor licence (spoiler alert – it doesn’t exist)

There is a misconception that the Act makes provision for a “mobile liquor licence”.  However, there is no such thing. A liquor licence is linked to a specific premises. Someone who holds a liquor licence on premises A is not authorised to sell liquor on premises B. If the premises A licence holder wants to sell liquor on premises B, they must submit the necessary application to the Western Cape Liquor Authority. This is the case even if someone else holds a licence to sell alcohol on premises B.

To illustrate this, consider the following scenario:

Premises B, with an existing liquor licence, invites a local wine producer to host a tasting of its wines on the premises. The producer holds a liquor licence at its premises (call them premises A), and premises B holds a liquor licence. Everyone is covered, right? Wrong! Only the holder of a liquor licence is allowed to sell liquor on the licensed premises. In this example, the wine producer must apply for a temporary liquor licence (assuming it is a permanent licence holder at premises A) or an event liquor licence (if the producer is, for example, a “garagiste winemaker” with no public premises), to host the tasting at premises B.

Help with your event liquor licence

Don’t fall foul of the Act. We will ensure you have the right licence for every circumstance and your application is submitted within the requisite time frames (or as quickly as possible if your event is less than 40 days away). Get legal help with your liquor licence application here.

Responsible alcohol service and management

30 May 2023

Protect your liquor licence – serve alcohol responsibly

If you’re a liquor licence holder, your licence is probably a critical business tool for you. If your liquor licence is taken away, your business would probably fold, unless alcohol sales makes up a very small proportion of your turnover. What do you need to do to ensure you carry out responsible alcohol service  and never put your licence in jeopardy?

The responsibility for the liquor licence does not rest solely with the business owner. All members of staff within licensed premises need to understand their role in the responsible service and management of alcohol. However, the buck stops with the licence holder, so it’s important that they ensure all staff are trained and aware of their duties, and have the right attitude to support the business owner in upholding the licensing criteria. This applies whether the outlet is an on-consumption licensed business (e.g., a restaurant), or an off-consumption licensed business (e.g., a liquor store). 

Legal responsibilities

What must a licence holder do to comply with national and provincial laws surrounding sale of alcohol? In serving and managing the sale of alcohol, a licence holder plays a number of roles. They are:  

  • A “police officer”, ensuring no one breaks any laws
  • A salesperson, knowledgeable about the products they sell
  • A cleaner, keeping premises clean and tidy (not always an easy job when customers consume alcohol!)
  • A good host, creating a friendly and welcoming atmosphere
  • A safety officer, always concerned about the wellbeing of customers and reducing any risks

Alcohol can cause harm if misused. Therefore, it must be sold in a way that minimises any potential abuse. The licence holder must be aware of the nature of the customer, the quantity of alcohol being purchased, and ultimately the wellbeing of the customer.

Liquor licensing legislation governs the sale of alcohol. It defines who can sell alcohol, when, where and to whom. The purpose of the legislation is to protect the general public from disruption to public order or risk to public health. 

Trading hours

There are often restrictions on the days and hours when alcohol can be sold. It is illegal to sell alcohol outside the time specified by legislation. The Western Cape Liquor Act 4 of 2008 states that the authority to regulate the trading days and hours for the sale of liquor falls under the jurisdiction of the municipality where the premises are located. The hours may differ depending on the type of licence, so the licence holder must ensure compliance with the time during which the business is allowed to sell alcohol. 

Age and other restrictions

In South Africa it is forbidden to sell alcohol to any person under the age of 18 years. The licence holder is responsible for confirming the age of the person being served. Breaking this law may result in a fine and/or a prison sentence. It is also likely to result in the loss of the liquor licence.

However, responsible alcohol management extends beyond checking the age of the customer. Serving alcohol to a person who is already intoxicated is an offence. Once drinkers have consumed sufficient alcohol to display signs of intoxication, their normal judgement is impaired. Therefore, it is up to the server, not the customer, to decide whether or not more alcohol should be served. Breaking this law could result in fines, warnings, loss of the liquor licence, or imprisonment.

In summary

To ensure responsible alcohol service and management, the licence holder should always:  

  • Be familiar with the applicable liquor legislation for their business 
  • Be familiar with the applicable trading days and hours for their business 
  • Refuse to sell alcohol to any person under the age of 18 years, checking valid identification if in doubt 
  • Be familiar with the applicable conditions pertaining to the sale of alcohol to intoxicated persons 
  • Be familiar with the penalties that apply to the liquor legislation relevant to their business
  • Display information or other materials to discourage drinking and driving

Get legal help with your liquor licence application here.  

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