Tag: liquor licence attorney

Counterfeit alcohol trade surges

3 July 2025

Reprinted from iol.co.za, by Siyabonga Sithole – 2025-07-02

The escalating crisis of counterfeit goods in South Africa has intensified calls for urgent measures to combat organised crime, following a series of high-profile arrests linked to illicit alcohol trade syndicates. Recent statistics reveal a staggering 55% increase in illegal alcohol volumes since 2017, prompting officials and activists alike to classify the situation as a national crisis.

Last month IOL reported that the Drinks Federation of South Africa (DF-SA) found that the volume of counterfeit alcohol in the country reached 773 000 hectolitres in 2024.

This surge has coincided with several police operations aimed at dismantling the networks behind these illegal products after Gauteng police, on Monday, acting on a tip-off conducted a raid in the city centre which led to the closure of an illegal alcohol manufacturing facility in Jeppestown.

During this operation, authorities uncovered millions of rands worth of counterfeit alcohol, including fake whiskey, vodka, and gin, as well as counterfeit labels and packaging worth R3.5 million. Colonel Dimakatso Nevhuhulwi of the Gauteng police confirmed that six suspects were arrested, including a man who presented a dubious liquor license from Mpumalanga.

“Upon arrival at the said premises, the team was met by a man who claimed to be the owner of the business and further produced a liquor license which was for a Mpumalanga-based establishment. Following a search of the property, the team discovered the manufacturing and production of whiskey, vodka, and gin, including the reprint of counterfeit labels and packaging,” stated Nevhuhulwi.

At the weekend, police in Bloemfontein in the Free State confirmed the arrest of six foreign nationals after confiscating counterfeit goods valued at more than R19 million during raids in the CBD. Reacting to the raids in the Free State, National police spokesperson, Amanda Van Wyk, revealed that the search and seizure warrants were executed in accordance with the Customs and Excise Act at targeted shops.

The arrests in Bloemfontein and Johannesburg were preceded by the arrest of a 31-year-old man who was arrested last week for allegedly manufacturing and illegally distributing counterfeit alcohol at his home in Klaarwater, Mariannhill, west of Durban.

During the raid, KZN police confiscated counterfeit vodka with a street value of R250 000, which was found being manufactured at the site.

At the time, police spokesperson Captain Carmen Rhynes indicated that members of the provincial organised crime, the provincial drugs and firearm unit, and the provincial counterfeit goods unit were instrumental in the arrest.

“Members of the Provincial Organised Crime Unit (Narcotics), assisted by the Provincial Drug and Firearm Unit and the Provincial Counterfeit Goods Unit, acted on intelligence-driven information regarding the manufacturing and illegal distribution of counterfeit alcohol, specifically vodka, in the Klaarwater area in Mariannhill, Durban. They executed a search warrant at the identified premises and a suspect of 31 years of age was found on site and placed immediately under arrest for the contravention of the Liquor Act and the Counterfeit Goods Act,” Rhymes said.

Reacting to the latest incidents of illicit proliferation of counterfeit booze, anti-crime activist Yusuf Abramjee said that SARS estimates the proliferation of illegal alcohol costs the country’s economy over R11 billion in lost annual excise tax revenue.

“The illicit alcohol trade is completely unregulated, and apart from the massive revenue losses, this leads to numerous social issues. People are being sold dodgy alcohol that potentially contains fatal ingredients. It isn’t regulated, and criminals don’t care what they’re selling as long as they make a profit. Meanwhile, criminals are stealing the taxes that are meant to pay for vital services such as schools, hospitals, and housing,” Abramjee stated.

Abramjee has attributed the increase to a lack of stringent law enforcement efforts within and across SA borders, which he said contributes directly to the flows of illicit goods on the back of the recent COVID-19 pandemic which destroyed various industries.

“The main problem is the lack of adequate enforcement by authorities and a growing lack of faith in the rule of law. Between 2016 and 2019, just R26 million worth of alcohol was seized by SARS. Since then, the sales bans imposed during the COVID-19 pandemic have entrenched illicit networks. The SA Liquor Board Association (SALBA) estimates that more than one in five bottles sold in SA is illicit. The problem is even worse in the tobacco industry, as illicit cigarettes are even easier to distribute and trade illegally,” he added.

Help with your liquor licence

SD Law supports responsible drinking and supply of alcohol.

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.

WC authorities issue stern warning against illegally made consumables

9 December 2024

Reprinted from SABC News – 2023-12-06

Authorities say extensive operations across the Western Cape have been established to clamp down unlawful preparation and supply of consumable goods this festive season.

This follows the uncovering of an illegal distillery at Du Noon in Cape Town.

Law enforcement officers acted on a tip-off of illegal liquor manufacturing at an abandoned building in the area.

Officers discovered over 150 litres of distilled alcohol, along with counterfeit bottles of popular gin brands and chemicals. Mayco Member for Safety and Security, JP Smith has urged residents to remain vigilant of suspicious activities.

“While the City will continue collaborating with the South African Police Services to clamp down on the unlawful preparation and supply of consumable goods and food supplies, today’s bust clearly shows the lengths such unscrupulous entrepreneurs will exploit as we head into the festive season. We ask residents to please demonstrate patience over this period, always exercise caution and celebrate responsibly. To report any incident or provide any tip-offs, call our Public Emergency Communication Centre.”

Help with your liquor licence

SD Law supports responsible drinking and supply of alcohol.

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:

Police crack down on illegal liquor trade

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.

Limpopo education MEC gets tough on liquor outlets near schools

16 March 2022

Reprinted from The Citizen, by Alex Japho Matlala – 2022-03-15

Education MEC Polly Boshielo said the proximity of liquor outlets to schools was a serious societal problem

Limpopo MEC for Education Polly Boshielo wants all liquor outlets that are near schools to either close or play ball during school hours.

The MEC warned that those who ignore the message from the liquor board will face the wrath of the law as she said her department was tired of playing Mr Nice Guy at the expense of the education of the children of Limpopo.

Read More

Restaurants endure ‘punishing’ wait for liquor licences, RASA claims

23 November 2021

The Restaurant Association of South Africa (RASA) says many business owners are having to endure a punishing wait for liquor licence approvals and renewals from the relevant authorities.

Reprinted from East Coast Radio News, by Steve Benghu – 2021-11-19

The Restaurant Association of South Africa (RASA) says many business owners are having to endure a punishing wait for liquor licence approvals and renewals from the relevant authorities.

Read More

Liquor traders call for state of emergency, but Casac says better policing is the answer

15 July 2021
Reprinted from City Press, by staff reporter – 2021-07-15
While the SA Liquor Brand Owners Association (Salba) and the National Liquor Traders Council have written to President Cyril Ramaphosa urgently calling on government to declare a state of emergency to protect people and businesses in areas affected by the continuing unrest, the Council for the Advancement of the SA Constitution (Casac) has called for better policing.On Wednesday, the liquor industry urged government to declare a state of emergency as more than 200 liquor shops had been looted in KwaZulu-Natal and Gauteng.
Read More

Easter rules are needed, say liquor makers – but don’t ban booze until hospitals get full

26 March 2021
  • Easter weekend, and a potential third wave of coronavirus infections, requires swift action, says the alcohol industry.
  • That should not include any restrictions on alcohol sales again, though, not unless hospitals get full again.
  • It is also pre-emptively arguing against restricting inter-provincial travel again.
  • Instead the government should impose as longer curfew, and restrict gatherings to fewer people again, booze makers say.
Read More
12