Tag: sd law

How to apply for a Special Event Licence…

12 November 2020

Applications must be lodged 14 days before the first day of the event.Depending on the type of event and whether or not the applicant has a liquor licence or not, there are two possibilities, a temporary liquor licence or special event liquor licence.
The application is lodged with the local Designated Liquor Officer (DLO) and the Liquor Authority.
The application is only considered by the Presiding Officer.
Depending on when the application is lodged the application can be granted a day or two before the event.
The licence will not be issued until the day fee(s) is/are paid and proof of the address is forwarded to the Liquor Authority.
The issued licence will be forwarded to the Applicant and a copy thereof should be on the premises during the course of the event.

How to apply for a permanent liquor licence

12 November 2020

Applications must be lodged 14 days before the first day of the event.Depending on the type of event and whether or not the applicant has a liquor licence or not, there are two possibilities, a temporary liquor licence or special event liquor licence.
The application is lodged with the local Designated Liquor Officer (DLO) and the Liquor Authority.
The application is only considered by the Presiding Officer.
Depending on when the application is lodged the application can be granted a day or two before the event.
The licence will not be issued until the day fee(s) is/are paid and proof of the address is forwarded to the Liquor Authority.
The issued licence will be forwarded to the Applicant and a copy thereof should be on the premises during the course of the event.

5 myths about South Africa’s alcohol ban

12 November 2020

Source: https://businesstech.co.za/news/trending/399749/5-myths-about-south-africas-alcohol-ban/

The narrative around the ban of alcohol in South Africa during lockdown has become complex and obscured.  So many layers have been added and issues interweaved, that the topic in itself has polarised both friends and foe, says Carmen van Niekerk, excise manager at South African Breweries (SAB). South Africa is currently operating under level 4 lockdown regulations, which bans the sale and distribution of alcohol. That will change once the regulations are relaxed to level 3.

The country’s largest brewer, along with numerous industry bodies have lamented the potential fallout from the country’s stringent lockdown laws  – most notably the thousands of potential job losses. SAB previously warned that if it is forced to work at reduced capacity for four months, it could result in a loss of 2,000 jobs, while an additional 75,000 jobs could be adversely affected by the company’s supply chain.

Van Niekerk bursts five myths about the current alcohol ban in the country:

Myth #1: The ban on alcohol sales in SA means nobody has been drinking during lockdown

The ban in South Africa is on the sale of alcohol, and has not placed a prohibition on the consumption of alcohol. “So if you had it, could find it – or steal it – or even make it yourself, you could drink it,” said Van Niekerk.
“The consumption of alcohol has therefore not stopped during the last 50+ days of lockdown – the millions of photos on social media of people having a drink is evidence enough that this has been the reality over the last seven weeks.”

Myth busted

Myth #2: The alcohol sales ban stopped the trade of alcohol

Van Niekerk said that we all know someone that has somehow managed to obtain alcohol during the lockdown. “Social media has been buzzing with reports of people complaining about exorbitant prices or even being hoodwinked – paying good money for a bottle of vinegar instead of gin for example.” Edward Kieswetter, the SARS commissioner confirmed last week that alcohol is still being sold and that the illicit trade of alcohol is thriving.

Darren Swerksy, the managing director of the PicardiRebel Group in an interview with Channel Africa on 14 May, agreed with this, stating that: “The government’s belief that there’s no liquor consumption is not true. This illicit liquor is genuine liquor. It’s being sold out of closed restaurants and bars who are on their knees… it’s being sold out of taverns…”

He highlighted the number of break-ins – both successful and foiled – that they have seen at their own stores during lockdown. “So yes, the legal trade of alcohol has stopped, but the underground trade of alcohol has been growing and thriving in recent weeks,” said Van Niekerk.

Myth busted

Myth #3: Reduction in crime in SA is due to the ban on alcohol

South Africa has reported a significant reduction in crime rates since the lockdown commenced at the end of March. The latest statistics covering the period 29 March – 20 April 2020 indicated that murders reduced by 72%, rape by 87.2%, assault dropped by 85.2% and attempted murder was down by 65.9%.

“Despite claims that reductions in crime are related to alcohol prohibition in South Africa, it is apparent that these positive trends are also taking place in countries where the sale of alcohol has not been prohibited, and even in some countries where alcohol sales have been actively supported,” said Van Niekerk.

She said that South Africa is one of only four countries that have implemented a national ban on alcohol sales during lockdown. The other three countries are Sri Lanka, Botswana and Panama.

The similar trends seen across countries with and without alcohol prohibition suggest that social distancing measures and stay-at-home orders (lockdowns) are the key drivers of reduced criminal activity, Van Niekerk said. This early evidence suggests that conclusions about the effectiveness of alcohol prohibitions during COVID-19 are premature and unjustified. The BBC concluded in an article on crime in Canada and the United states, that “The result of less people in public is less crime”.

Latin America is the region with the highest homicide rates in the world outside of war, noted Van Niekerk. The New York Times reported on 11 April that this region has seen a significant reduction in criminality and violence during lockdown. In El Salvador, murders reduced by almost half in February and March, while in Argentina, robberies fell by nearly 90%. Colombia reported a 55% drop in homicides; 86% drop in assaults and 90% drop in robberies during 1 week in March alone – this is despite the ongoing drug wars in regions of Colombia, Van Niekerk said.

“Links to lower crime rates cannot necessarily be blamed entirely on alcohol bans as various government and news articles in South Africa suggest. Crime rates in terms of illicit sales have increased, and crime rates for other crimes have decreased based on travel freedom restrictions. Again, no direct and clear correlation is provided.

“The common denominator between South Africa and the above comparisons, is therefore not the availability of alcohol, but the fact that the lockdown restricted public gatherings and the movement of people coupled with increased law enforcement on the streets.”

Myth busted

Myth #4: Reduction in hospital activity in SA is solely due to the ban on alcohol

Reductions in hospital activity have been reported in many countries around the world, both in countries that have prohibited alcohol as part of their lockdown orders and in countries that have not restricted access, noted Van Niekerk.

Kenya and Canada haven’t banned alcohol sales during lockdown, yet Kenya reported “very few patients” and Canadian trauma doctors state that trauma cases relating to sexual assault and partner violence “are way, way, way, way down”.

“As is with the case of crime, fingering the ban of alcohol as the sole reason for a reduction of trauma cases by two thirds in South Africa is irrational,” Van Niekerk said.

Editors emeritus of the SA Medical Journal Prof Dan Ncayiyana and Prof JP van Niekerk stated that “the much-touted benefits of the alcohol ban of reducing alcohol-related injury admissions – independent of the larger impact of the lockdown itself – has not been demonstrated, and relies instead on beliefs in what may be the classic case of confirmation bias”.

Myth busted

Myth #4: South Africa is unique so you cannot compare us to other countries

“We can’t look to other countries as a reliable comparison – as South Africa is unique,” Van Niekerk admitted. “While there is no denying that South Africa is special, we aren’t as unique as we would like to believe,” she said.

Looking at factors such as inequality, wealth levels, crime rates, levels of health care and alcohol consumption, it is evident that South Africa is in fact fairly comparable in many aspects to its Latin American counterparts and some African neighbours, Van Niekerk said.

“Although there are a myriad of factors that make us different, the above, without a doubt, shows that South Africa is not beyond comparison on the point of reduced crime rates and hospital admissions in other countries in lockdown.”

Myth busted

Where to from here?

Van Niekerk said that even with a stringent lockdown underway, the reality is that Covid-19 is not going away anytime soon. “Government has indicated that the risk-adjusted phasing out of our lockdown is expected to last at least 6-8 months. However, it will take much longer to unwind the damage done to the legal liquor industry as a result of the alcohol ban. “In order to destabilise the foothold the illicit traders have obtained in the market during the time that the ban has been in place, the sales of legal alcohol needs to open as wide and as quickly as is both safe and possible,” the excise manager said.

The very limited off-trade sales of alcohol being considered under Level 3 will do little to address the ongoing illicit trade, Van Niekerk stressed. “More concerning is that it is not nearly enough to start alleviating the financial burden that has been carried by the legal alcohol industry over the last excruciating 9 weeks, starting mid-March when the first trade restrictions were implemented.” She said that as a pillar of the South African economy, and custodians of more than 250 000 South African livelihoods, SAB as one of the largest players in the market is committed to working with government to find a solution that both obeys social distancing and puts food on the table for millions of South Africans.

“It’s time to reassess what we think we know about the ban on alcohol sales in South Africa and have a sober look at the facts. We can still flatten the curve, but we don’t have to flatten our economy.”

Liquor vendors could face over R100k fine or licence loss for defying lockdown

12 November 2020

The Western Cape’s community safety MEC, Albert Fritz, on Thursday warned that liquor vendors operating during the Covid-19 lockdown would be eligible for a fine of over R100 000 and could permanently lose their trading licences.

“I have requested that the Western Cape Liquor Authority (WCLA) ensure that any outlet which contravenes the lockdown conditions be liable for a maximum fine of up to R115,610 or have their licence revoked permanently, subject to an investigation,” Fritz said.

“It has further been requested that the WCLA join the PROVJOINTS committee and be included in every case where liquor was sold or an arrest was made to better track the original point of sale. I further welcome the resolution taken by PROVJOINTS on 25 March that no alcohol will be returned to any liquor outlet after paying of an admission of guilt fine,” he added.

To date, the WCLA has conducted 20 investigations on matters of non-compliance with the lockdown national regulations. Of the investigations, 13 will proceed to hearings before the Liquor Licensing Tribunal.

As per section 71 (1) of the Western Cape Liquor Act, according to Fritz, “the Liquor Licensing Tribunal may grant an interim order suspending a licence upon application by an inspector or a designated liquor officer if there is an imminent threat to the health, wellbeing or safety of the public”.

He urged members of the public who were aware of the illegal sale of alcohol to immediately report such.

“Any persons wanting to lodge a complaint or report a contravention of the regulations can contact the WCLA’s contact centre on 021 204 9805.”

On Friday last week, R500,000 worth of alcohol was confiscated in Dunoon. Two men had been selling the alcohol from a car and led police to a tavern that was also selling liquor.

The sale of alcohol and cigarettes has been prohibited during South Africa’s 21-day Covid-19 lockdown, but thieves have been targeting liquor outlets to steal the items.

According to a local media company, police in Tshwane are investigating at least two liquor store break-ins, while in Langa in the Western Cape, two people were arrested following the burglary and looting of a Shoprite liquor store.

In Atteridgeville, west of Pretoria, thieves allegedly broke into a Boxer liquor store at the Nkomo Village shopping centre and made off with alcohol and cigarettes.
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Source: https://www.all4women.co.za/1993915/news/south-african-news/liquor-vendors-could-face-over-r100k-fine-or-licence-loss-for-defying-lockdown

Photo: Western Cape community safety MEC Albert Fritz on Thursday warned that liquor vendors operating during the Covid-19 lockdown would be eligible for a fine and could lose their licences. File Photo: Sibonelo Ngcobo/African News Agency(ANA)

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Metro, board check on taverns

12 November 2020

The city’s metro police will be inspecting taverns across the metro together with liquor board representatives.

The aim is to assess compliance with liquor laws while investigating possible links to crime in the areas, metro police chief Yolande Faro said.

Faro was speaking at a safety and security portfolio committee meeting on Tuesday.

She was presenting the status of ongoing metro police operations.

Since the beginning of the year, the city has had several tavern inspections, with non-compliant taverns issued with fines starting at about R2,500.

The taverns were either operating without a liquor licence or operating outside the designated trading hours.

Previous tavern inspections in January saw the metro police visit taverns in New Brighton and Kwazakhele, including ZZZ Tavern, KK Tavern, Chief Ngqoko’s Place, Spokido’s Tavern and Hilo’s Tavern – and all were found to be compliant in terms of the Liquor Act.

But others, including Solomzi Gaju Tavern, Gonga Lazola Tavern and Mannie Vuwo Tavern, were issued with compliance notices for trading outside the stipulated hours.

Faro said the aim was to expose the liquor board to the type of problems officials sometimes came across.

“Because the liquor board gives licences, there are certain criteria that they look at.

“They also look at where the tavern is situated.

“Having them with us will help ensure people are in line with what is stipulated in their licence, because those things must be adhered to.”

Faro said the liquor board would then take the information from its inspections and consider it when taverns tried to renew their licence.

She said the partnership would allow for sharing of information and give the municipality access to the list of taverns across the metro.

Originally published at HeraldLive

Liquor licence lawyer is a division of Simon Dippenaar & Associates Inc., a firm of Cape Town Attorneys specialised liquor licence lawyers operating in the Western Cape.Tags: TavernsBack to top

 

New liquor license laws driving you to drink?

12 November 2020

Government has proposed tough new legislation in an effort to tackle the problem of alcohol abuse and its associated social ills in South Africa. But is it using a sledgehammer to crack a nut? Will it penalise responsible drinkers while not materially reducing misuse?

Let’s look first at the provisions of the proposed amendment to the Liquor Act, 59 of 2003 (“the Act”).

The letter of the law

Review of the national minimum legal drinking age from 18 to 21 years:

There are a number of significant crack-downs in the bill, but probably the most controversial is the proposal to raise the legal drinking age from 18 to 21. This could have serious implications for university students who take on restaurant and bar work to help pay their fees, if they are not allowed to handle alcohol at all. Is it reasonable to withdraw a privilege from individuals who already enjoy it, especially if they are legally old enough to vote and to marry? When the US introduced a national drinking age of 21 in 1984 (it was previously the prerogative of the states to determine drinking age, which varied widely across all 50), the transition was gradual (and fairer), i.e. ‘those born after a certain date could not be served’, so that those who had already reached the age of 18 did not have a legal right withdrawn. If this amendment goes through, South Africa would join a very exclusive club: only four developed countries in the world have a nationwide drinking age of over 18 – USA (21), South Korea (19), Iceland (20) and Japan (20).

The 500m rule:

New premises wishing to secure a liquor licence must be located at least 500 metres away from schools, places of worship, recreation facilities, rehabilitation or retreat centres, residential areas and public institutions. Existing licence-holders already within a 500m radius of these venues will see stricter conditions for sales imposed on them.

Liquor licences will no longer be issued to petrol stations:

This includes premises attached to petrol service stations or premises near public transport. The rationale behind this is valid, when one looks at our road traffic accident (RTA) record and the proportion of accidents involving alcohol. But will ‘public transport’ include airports? ACSA revenue would be hard hit if so. Foreigners travelling to and from South Africa on business are likely to be unimpressed with the inability to have a responsible drink in the lounge before a flight. And what about sales of duty-free alcohol, where the liquor will only be consumed once it has left the country?

Restrictions on advertising and marketing of liquor products:

Television channels will only be allowed to advertise alcohol at night, from 22:00-06:00, after the 10pm ‘watershed’ when it is assumed children are in bed. Content designed to appeal to youth in alcohol advertising will be prohibited. This will include the use of sport stars, models, etc. Branding of delivery trucks carrying alcohol and premises will be banned.

Broad-based Black Economic Empowerment (B-BBEE):

B-BBEE Codes of Good Practice as they relate to licensing conditions will be more strictly enforced and monitored. Noncompliance will result in the suspension or revocation of the licence.

Application for liquor licences:

The administrative burden and cost of liquor licence applications will be shifted from the Liquor Authority, municipalities and the police to applicants. Therefore, whereas under current policy the public participation process is conducted by these entities, in future the applicant will carry the responsibility for contacting the municipality, neighbours, community-based organisations etc., and for the cost of advertisements in the newspapers.

Police clearance certificates will be required for shareholders and directors of applicants. This provision will be invisible to the public at large but may have serious financial consequences for potential licensees.

And that’s not all…

These are the major provisions of the Act, but this is by no means an exhaustive list. Other proposed changes include:

  • Management of licensed premises and training of managers: Managers of licensed premises will be required to undergo training and pass a test on compliance with the Act. The licence-holder or manager must be on the premises whenever the venue is open for business.
  • Limit on licences in a district based on alcohol-related harms:Where incidence of alcohol-related harm is high, there will be a quota on the number of licences granted in that district.
  • Renewal fees based on volume: Annual renewals will be linked to the volume of alcohol sold.
  • Phasing out of grocers’ wine licences: If there is an off-consumption liquor outlet within 50 metres of a grocer’s store, the grocer’s licence will be phased out. This begs the question as to what will happen to major national outlets such as Spar and Checkers that have wine sections in-store as well as a dedicated liquor store nearby.
  • Reduced trading hours: Trading hours will be reduced for on- and off-consumption outlets.
  • Increased excise and minimum unit pricing: Government will be lobbied to increase the price of alcohol through increased excise tax and/or the introduction of minimum unit pricing.
  • Penalties for suppliers who sell alcohol to visibly intoxicated drinkers: Suppliers will have to show why they should not bear the costs arising out of the offence committed by an intoxicated drinker they served, if they were aware of the level of intoxication. This could be contentious as there are drinkers, especially ‘functional alcoholics‘, who can appear completely sober whilst having a sky-high blood alcohol level.

The spirit of the law

Some of these amendments may find widespread favour; few people will dispute the importance of enforcing the B-BEEE codes more stringently across all sectors. Ensuring a trained, responsible owner or manager is on site at a licensed premise at all times is uncontroversial. Other aspects of the Act appear more draconian and have given rise to considerable unrest within the industry. So let’s look at the intention behind these changes.

Alcohol, health and social cost:

South Africa has a checkered relationship with alcohol. Our wine producers are becoming important players in the global wine industry, and we are starting to produce some excellent craft beers and artisan gins for a discerning customer base. Yet alcohol is also the most widely abused substance in South Africa and the most harmful drug at a population level. It is the third most signficant contributor to death and disability after sexually transmitted infections (including HIV) and interpersonal violence, both of which in turn are influenced by alcohol consumption. In 2007, 46% of cases of mortality due to non-natural causes had blood alcohol levels greater than or equal to 0.05g/100ml, the legal limit for driving.

In addition to the personal traumas and tragedies caused by excessive alcohol consumption, alcohol costs the public purse dearly, approximately R37.9 billion annually, including the cost of health care, crime and social welfare, alcohol treatment and prevention, and road traffic accidents.

Roughly a quarter to a third of all hospital admissions can be directly or indirectly attributed to alcohol. Conditions associated with alcohol abuse include cirrhosis of the liver; cancers of the tongue, mouth, throat, larynx, oesophagus and liver; central nervous system impairments; nutritional disorders; cardiovascular abnormalities; depression and increased susceptibility to diseases such as pneumonia. Maternal alcohol consumption can cause miscarriage, low birth weight or foetal alcohol syndrome (FAS), the last of which is particularly problematic in the Western Cape. According to the Foundation for Alcohol-Related Research (FARR), incidence of FAS varies widely across the country and certain communities experience exceptionally high rates, so it is not meaningful to give a national prevalence rate for South Africa. However, it has been estimated that more than two million South Africans are affected by FAS and a further five million may have the lesser characteristics of foetal alcohol spectrum disorder (FASD).

Alcohol consumption and young people

Concerns about increased alcohol consumption amongst youth feature prominently in the Act, with the proposed national drinking age of 21. Abuse of alcohol at a young age increases the risk of chronic addiction as an adult and other alcohol-related problems in later life. Research suggests that exposing the adolescent brain to alcohol may impair neurological development, leading to irresponsible decision-making, memory lapses, or slowed response time (potentially lethal when combined with driving a car). So the Act attempts to delay as much as possible the initiation of liquor consumption by youth. Whether it will succeed is a different matter. Young people already drink before the current legal age of 18. As important in curbing abuse is the availability of other forms of recreation and a sense of purpose and ambition amongst youth, as alcohol and other substance abuse often accompanies a sense of hopelessness and aimlessness.

However, studies on the effects of the legal age of purchase have generally found that when alcohol is less available, less convenient to purchase, or less accessible, consumption and related problems are lower.

Make new laws or make the old ones work?

There is no doubt that the Act has been developed with the best of intentions. Something must be done to curb the scourge of alcohol abuse that is ravaging our country while maintaining a safe environment for the majority of citizens who buy, sell and enjoy alcohol responsibly.

Research reveals mixed findings on the effectiveness of some of the proposed interventions, such as advertisement regulations. However, as indicated above, policies that directly target the availability of alcohol supply and a raised drinking age limit have been proven to be effective at a limited cost to the state. It is also generally agreed that on-premise interventions (that penalise servers) are inadequate unless coupled with interventions that go beyond off-site consumers.

So…the question is: are the potential benefits of the restrictions justifiable in light of their negative commercial impact? Inevitably commerce, tourism and agriculture are industries that will be affected and responsible drinkers will face certain curtailments that were never aimed at them in the first place.

Initial feedback suggests that many lower income communities welcome the restrictions and the increased age limit for purchasing alcohol, as residents of these communities know only too well the impact alcohol is having on the youth and on their neighbourhoods in general.

Our final concern, as always with legislative amendments, is that an amendment act often completely fails to address issues with the current legislation in force, i.e. non-compliance with existing laws. There are roughly 150 000 shebeens in the country, with one fifth of them in Gauteng; it is estimated that two out of three shebeens in that province are illegal. Before we introduce tougher new legislation, we need to be sure we can enforce it.

Are you affected?

If you are a licence-holder and are concerned about the impact of the Act on your business, contact Simon on 087 550 2740 or email sdippenaar@sdlaw.co.za.

The public has until Friday 28th October to comment on the National Liquor Policy and until 30th November to comment on the Western Cape proposals. For comments on the National Liquor Policy, contact Danie Cronje on danie@daniecronje.com. If you would like to comment on the Western Cape Green Paper, the email address is alcohol.greenpaper@westerncape.gov.za

If you would like to register a comment on these proposals, you can also contact:

Director-General

Department of Trade and Industry, Private Bag x84, 0001

Email: NRamphele@thedti.gov.za for the attention of Ms Nkoe RampheleTags: amendmentsliquor licensesouth africaBack to top

 

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