ARE YOU AWARE THAT LIQUOR LICENSES NOW REQUIRE A BEE CERTIFICATE?
- A recent article in the Mercury Newspaper listed the following as the “public Interest” requirements that must be met when applying for a liquor license. These are based on the New Liquor Act that came into effect earlier this year.
- The need for a liquor outlet in the intended area must be shown.
- The social impact as a result of the liquor establishment must be considered.
- A social responsibility program must be proposed with respect to alcohol consumption
- All institutions that are of a religious, public recreational and educational nature within 500m of the intended establishment must be listed.
- A security plan also has to be provided.
- The applicant requires a police clearance certificate.
- If the applicant is a legal business entity A BBBEE certificate from an approved BEE rating agency is also required.
LIQUOR LICENSE SECTION 23
(NEW APPLICATION)
OUR SERVICE OFFERING INCLUDES:
- Renewal of Liquor Licenses.
- Lodgement of Liquor License Applications.
- Appointment of manager at Liquor Board
- Change of Plan.
- Occasional Permits.
1) Types of Liquor Licenses.
Liquor Licenses are divided into two distinct categories namely: On Consumption Liquor License (Liquor sold may only be consumed on the premises and may not be removed from the premises) e.g.. Restaurant, Pub, Tavern etc. and Off Consumption Liquor License e.g.. Liquor Store (Liquor sold may not be consumed on the premises.) In addition to this the law provides for a Wholesale and Distribution Liquor License (Liquor may be sold to licensed entities such as Liquor Stores, Pubs etc. on Wholesale or to the public and can be transported in bulk throughout the country) and Manufacturers Liquor License. Wholesale Liquor License holders can only supply to licensed businesses, not to public.
Each Province has its own Provincial Liquor Act. The requirements and types of licenses as well as the lodgement procedure and documents required, differ from province to province.
2) Renewal of Liquor Licenses.
All Liquor Licenses must be renewed annually. Should a Liquor License holder fail to renew, the Liquor License will expire after specific time. Should a Liquor License expire, a new Liquor License application must be lodged. The renewal process also differs from province to province.
3) Lodgement of Liquor License Applications.
Liquor Licenses can only be lodged on the first Friday of every month. Notice in the Government Gazette has to be done approximately two weeks prior to lodgement date (roughly in the middle of the month). Should either the notification date or advertisement date in the newspapers be missed, the application cannot be lodged and will have to stand over until the next month. The whole process of the application will have to be redone for the next month.
We will advise the applicant which documentation and information is required for the submission of his Liquor License Application. Note that we cannot lodge an application that is incomplete. Contact us for more detail regarding the lodgement process in your province.
4) Other requirements:
4.1) Property
A major factor remains the zoning of the property. Your local Municipality`s Planning Department or Land Use Department can confirm the suitability of a premises for an application for a specific Liquor License, should it be a Liquor Store, Restaurant, Tavern, Club or any other Liquor License. The local municipality has to give a Local Authority Approval letter (LAA) on the proposed premises. The proximity to a similar licensed premises, school or church. This detail will be handled by us to maximize your chances of success.
4.2) Additional information
You can apply for a liquor license on a premises if the building is not built or needs alterations or renovations. We will lodge an application for the license from plan (on conditional granting) however the waiting period for the license will be longer. It is recommended for time purposes that the premises are ready to trade, upon inspection from the liquor board inspector or designated police officer.
The licensee shall at all times display the Liquor License at a conspicuous place on the premises. It is advisable to attach the proof of payment of the Liquor License for the current year to the license as well as the Appointment of Manager Certificate and other related documentation.
4.3) The Applicant
The Applicant of the Liquor License must be domiciled in South Africa, have no criminal record, may not be insolvent or a minor and must be in good standing at the Receiver of Revenue, to name only a few requirements. The application can be done in the personal capacity of the applicant (natural person) or a company however there is additional documents required for a company applicant.
In Gauteng; the licensee shall ensure that the name of the Business, type of Business, type of Liquor License, times of Business and Liquor License number are visibly written in characters of larger than 5 centimetres in height, on the front door or window of the licensed premises.
5) Other liquor related services offered:
- Appointment of manager. It is important to remember that a manager must be appointed should the holder of the Liquor License not be available to manage and be responsible for the business.
- Change of Plan. Before any alterations or extensions of the licensed premises are made, the license holder must apply to the Liquor Board for approval.
- Occasional Permits. You have to apply for an Occasional permit if you have an event or function. The permit is valid for the one day or duration of the event. Such an application has to be lodged 14 working days prior to the event.
- Trade license. In Gauteng; A Certificate of Emergency Management Services and Certificate of Acceptability from the local municipality are required to receive the liquor license (once the license has been granted by the Liquor Board) however it is not necessary to be attached for lodgement.
Please note. Section 23 (3) of the Gauteng Liquor Act 2 of 2003
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 1 (one) year from the date of refusal, except by special leave granted at the discretion of the Board. It is advised that ALL documents submitted are reflecting the correct information. LiquorLicense.co.za™ will assist client with full submission, however the client remains fully responsible for submission. LiquorLicense.co.za™ cannot guarantee any application / liquor license submission, as we do not have full access to any clients information, and we can only use documents submitted by client / applicant / franchisee.
Herewith a list of documents required in order for us to lodge an application for a liquor license.
DOCUMENTS REQUIRED:
a) Completed Franchise Agreement & Proof of Commitment Deposit (Client)
b) 4 Certified copies of ID of applicant (Client)
c) 4 Certified copies of Fingerprints or Police Clearance (Client)
d) Signed Lease Agreement or Title deed (Client)
e) Menu (if on consumption license) (Client)
f) 4 Certified copies of Tax Clearance Certificate of applicant (Client)
g) Pictures, Plan and 3D Layout Design of premises (LiquorLicense)
h) Motivation & Full description of premises (LiquorLicense)
i) 4 Certified Copies of Zoning Certificate of Premises (Client)
j) Proof of advert in Government Gazette & Gazette (LiquorLicense)
k) Proof of advert in National Newspaper (Legal Notice) & Newspapers (LiquorLicense)
l) CV of applicant (Client)m) Business Plan (if funding needed from banks) (LiquorLicense)
n) 4 Certified copies of Affidavit (Church, Schools & other liquor license) (Client)
o) Resolution Letter (Written permission to apply on behalf of client) (Client)
p) Zoning Certificate and LAA (Local Authority Authorization) (Landlord/Broker)
q) Affidavits (LiquorLicense)
IF APPLICANT IS A COMPANY:
a) Completed Franchise Agreement & Proof of Commitment Deposit (Client)
b) 4 Certified copies of Company documents (Client)
c) 4 Certified copies of Fingerprints or Police Clearance of all members (Client)
d) 4 Certified copies of Company Tax Clearance Certificate (Client)(No personal tax clearance is necessary)
e) Signed Lease Agreement or Title deed (Client)
f) Menu (if on consumption license) (Client)
g) 4 Certified copies of all members ID’s of company (Client)
h) Pictures, Plan and 3D Layout Design of premises (LiquorLicense)i) Motivation & Full description of premises (LiquorLicense)
j) 4 Certified Copies of Zoning Certificate of Premises (Client)
k) Proof of advert in Government Gazette & Gazette (LiquorLicense)
l) Proof of advert in National Newspaper (Legal Notice) & Newspapers (LiquorLicense)
m) 4 Certified copies of Affidavit (Church, Schools & other liquor license) (LiquorLicense)
n) Resolution Letter (Written permission to apply on behalf of company) (LiquorLicense)
o) Business Plan (if funding needed from banks) (LiquorLicense)
p) Zoning Certificate and LAA (Local Authority Authorisation) (Landlord/Broker)
q) Affidavits (LiquorLicense)
LIQUOR LICENSE PROCEDURE:
Step 1 to 3 to be done before advertisement in gazette is done to ensure the documents are in hand to submit as incomplete applications will not be accepted.
- To acquire the zoning certificate and Local Authority Approval letter from Municipality
- To acquire the Tax Clearance Certificate and Police Clearance Certificate of applicant
- Secure a letter of consent from the landlord or lease agreement / title deed of premises
- To give Notification in Government Gazette two weeks prior to lodgement
- To receive the National Tourism and Hospitality association Certificate
- To advertise in local newspapers (x2)
- To Lodge application on the first Friday of every month
AFTER LODGEMENT:
- The application will be sent to the inspectorate for inspection to be done on the site
- After inspection the report will be attached to the application and send through to the Local Committee to be recommended to the Liquor Board
- The Liquor Board will now place the application on their agenda to be granted
- The two standard condition certificates must now be attached to the application
- A reference number for payment of the activation of the liquor license must now be paid
- The license is issued
Note: The license will not be issued without the Certificate of Fire and Safety and the Certificate of Acceptability. These certificates can only be received once shop fitting has been completed. Note: Time frame for issue of license on average about 3 months from date of lodgement depending on the work load at liquor board and inspectors time of inspection.
Liquor License™ can only lodge an application on the first Friday of every month with the gazette notification done two weeks prior to lodgement date as well as the advertisements placed in the two newspapers, also note all relevant documents must be in hand to submit the application, which includes the suitability certificate/ police clearance, tax clearance, lease agreement or consent letter from landlord, local authority from the municipality as well as the plan, certified copy of ID affidavits and NTHA Certificate.
Liquor License™ will complete in the online registration (Form 1) on the Gauteng liquor board’s website which provides me with the reference number for the application. Liquor License™ can submit the application to the regional office or local committee of the specific area, at an additional Cost / Fee.
After lodgement the application will be send through to the liquor board’s inspectorate who will then send out an inspector to do the onsite inspection, he will file an inspectors report and attach it to the application which is then send back to the local committee to be placed on their agenda. They will recommend or refuse the application and send it to the Liquor Board. The application is then tabled to be placed on the liquor board’s agenda for granting or refusal and or comments.
Note: As the applications are for a liquor store and at time of lodgement the shop fitting is not done the liquor board will request a final inspection once the shop is completed as well as request the two standard conditions which is the certificate of Acceptability and the Certificate of Fire and Safety before the license will be issued.
We endeavour to submit the liquor license well before beneficial occupation date to ensure the time line of the application and shop fitting coincides.
Kindly see on Ecodev website (www.ecodev.gpg.gov.za) for Liquor Act and Regulations for your perusal, or Visit: Johannesburg Region Office: Liquor Licensing 124 Corner Main and Kruis Street, Marshalltown, Johannesburg, 2107
Contact Details: Liquor Regulatory Authorities
The Department of Trade and Industry: National Liquor Authority
77 Meintjies Street
Sunnyside
Pretoria
0002
Private Bag X 84
Pretoria
0001
Tel: +27 (86) 1843 384
Email: Nationalliquorauthority@thedti.gov.za
Eastern Cape Liquor Board
69 Devereux Avenue
Vincent
East London
69 Devereux
Avenue
Vincent
East London
Tel: + 27 (43) 700 0900
Free State Gambling and Liquor Board
34 Bojanala Building
Cnr. Kelner & Maekgraaf
Westedene
Bloemfontein
Private Bag X20801
Bloemfontein
9300
Tel: +27 (51) 403 3618
Gauteng Department of Economic Development
94 Main Street
Marshalltown
Johannesburg
Private Bag X 091
Marshalltown
2107
Tel: +27 (11) 355 8793
Fax: +27 (11) 355 8387
KwaZuluNatal, Liquor Authority.
1st Floor
The Marine Building
22 Dorothy Nyembe Street
Durban
4001
PO Box 2853
Durban
4000
Tel: +27 (31) 302 0600
Email: info@kznlqa.co.za
Limpopo Department of Economic Development, Environment & Tourism
Evridiki Towers
20 Hans van Rensburg Street
Polokwane
0700
Private Bag X 9484
Polokwane
0700
Tel: +27 (15) 293 8300
Mpumalanga Department of Economic Affairs and Tourism
66 Anderson Street
Nelspruit
1200
Private Bag X 11215
Nelspruit
1200
Tel: +27 (13) 752 3729
Northern Cape Liquor Authority
No. 6 De Beers road
Kimberley
8301
Private Bag X 6108
Kimberley
8301
Tel: +27 (87) 310 5318
Fax: +27 (53) 839 4073
North West Department of Economic Development & Tourism
Cnr University Drive and Provident
Street
Mmabatho
2735
Private Bag X 79
Mmabatho
2735
Tel: +27 (18) 387 7700
Fax: +27 (18) 387 7920
Western Cape Liquor Authority
3rd Floor
Sunbel Building
3 Old Paarl Road
Bellville
7530
Private Bag X6
Sanlamhof
Bellville
7532
Tel: +27 (21) 204 9700
For importing or exporting of liquor, it is further required that proper procedures are followed with SARS.