Liquor Authority
Who may apply for a liquor licence?
Any person who is not disqualified in terms of the Liquor Act (Act no. 27 of 1989). In general terms, disqualified persons are:
- Persons who served a prison sentence without the option of a fine in the preceding 10 years. (The liquor Board may make an exception in certain cases);
- An unrehabilitated insolvent;
- A minor;
- A spouse of any of the above.
Why must a trader have a licence?
- A licensee is required by the Liquor Act, for any person who is selling, manufacturing or distributing liquor.
- A licence makes the holder thereof legally responsible to the government as far as protecting the public interest is concerned.
- A person trading without a licence is breaking the law and the South African Police Services may take steps against him or her and close down business and confiscate the assets.
How much does it cost to apply for a new licence?
- For every application a fee of R200 is paid by the applicant.
- When a licence is issued the licence holder pays one of the following amounts to the Liquor Licences Account (ABSA), depending on the type of licence applied for, e.g. - A tavern licence costs R100.00
- A restaurant licence costs R250.00
- A liquor store licence costs R1 000,00
- A Special (other) licence costs R1 000.00
- A Special licence (accommodation) R500.00
- It must be noted that if an applicant uses a lawyer or a consultant he/she will also charge their own fee for this service. This fee differs from lawyer/consultant to lawyer/consultant.
How to lodge an application for a liquor licence?
An applicant may apply through a lawyer or a liquor consultant or apply in his or personal capacity. Application forms (FORM 1) are obtainable at the Municipal Library or a copy can be obtained from the Liquor Board, an applicant can also purchase regulations (contained in the Government Gazette No. 13997 dated 1 June 1992) published in terms of the Liquor Act (Act 27 of 1989), which contains FORM 1 and FORM 2. This application form comes in triplicates, with one copy for the Designated Police Officer (D.P.O.) and the original plus one copy to the Liquor Board.
- The Act requires that an application be typed.
- After FORM 1 has been completed (in triplicate), the application must be forwarded to the Magistrate in the district where the licenced premises are/will be situated. This must be done on the first Friday of the month (date of publication).
- Two weeks before the above mentioned process, form 2 (notice of intention to apply for a liquor licence) must be completed and forwarded to the Government Printers in Pretoria for publication in the Government Gazette on the first Friday of the month. A proof of payment for the advert must accompany the form.
- The notice in the Government Gazette is the only notice of the application given to the public and it is therefore important that the community watch dog organizations, such as the community police forums and rate payers' organizations, note applications in their area in the Government Gazette.
- Objections to the application may be lodged with the Magistrate within 28 court days i.e. excluding weekends and public holidays.
- The Designated Police Officer for the district must lodge a report with the Magistrate not later than 35 days after the application was lodged.
- As a matter of policy the Liquor Board requires the D.P.O to inform the local community police forum (or the local rate payers association in areas where a community police forum is not active) of the application and must state in his or her report that this has been done.
- The applicant has 42 days within which to reply, in writing, to the police report and objections (if any).
- If no objections were received and the police report has been received, it can, upon the request of the applicant, forthwith be forwarded to the secretary of the Liquor Board.
Why must a trader have a licence?
The distributor is not allowed to supply the trader with liquor while he or she does not have a licence;
The trader will always be a victim of lawlessness and fear and may be subjected to having his premises raided by the police
How long does it take to get a license?
The process may take up to six months depending if the applicant has submitted all the required documents and the Board is satisfied with them.
How to transfer a liquor license to another person?
Form 10 is completed when the holder of a licence intends selling his business. The procedures to be followed when this form is completed
It must be in typescript and be signed in front of Commissioner of Oath
Identity document
Comprehensive written representation
A lease agreement or right to occupy under prospect’s name must be attached
A cash amount of R100 is payable to ABSA
Make three copies of the application
Forwarded to district magistrate at any business day
In case of the license holder being a deceased
A letter of executorship must be submitted by the person appointed
A death certificate must be attached
Information on Form 11: Certificate in terms of s116 of the Transfer of a Licence
Form 11 is issued when application is granted, the form contains the following information
Name of the current holder of a licence
Business address/premises address, District Magistrate
Name of new holder
The name of business
Date of issue, Prescribed fees & Payable before/on
It is important to note that Form 11 does not certify the new holder unless prescribed fees are paid to ABSA Bank within 60 days from date of issue. Failing which licence is reversed to the applicant.
3
General
Where are departmental offices located?
Administrative Head Office
270 Jabu Ndlovu Street
Pietermaritzburg, 3201
Tel: 27 33-2642500
Fax: 27 33-2642672
E-mail:
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Ministerial Office
181 Hossen Hafajee (Berg Street)
Pietermaritzburg, 3201
Tel: 033 328 8000
Fax:
Who should I contact when wishing to get information on department’s operations?
Switch Board/Reception to direct customers to relevant business units
270 Jabu Ndlovu Street
Pietermaritzburg, 3201
Tel: 27 33-2642500
Fax: 27 33-2642672
E-mail:
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Does the department have district/regional offices?
There are district offices in all districts and Durban Metro providing some services that are offered at Head Office
Zululand District
251 Utrecht Street
Vryheid
Postal Address:
Private Bag X9426 Vryheid, 3100
Cell: 082 819 5726
Tel: (034) 989 5100
Fax: (034) 983 2025
Amajuba District
5 Faraday Street
Newcastle, 3370
3370
Cell: 079 505 2410
Tel: (034) 328 0300
Fax: (034) 328 0330
Ugu District
46 Bisset Street
Port Shepstone
Postal Address:
Private Bag X901
Port Shepstone, 4240
Cell: 079 505 2312
Tel: (039) 688 4900
Fax: (039) 688 4930
uMgungundlovu District
Cnr Jabu Ndlovu and Peter Kerchoff Streets
Pietermaritzburg, 3201
Cell: 079 505 2404
Tel: (033) 897 9200
Fax: (033) 345 4019
uMzinyathi District
26 Beaconsfield Street
Dundee
Postal Address:
Private Bag X2055
Dundee, 3000
Cell: 079 505 2415
Tel: (034) 299 8500
Fax: (034) 299 8530
eThekwini District
9th Floor, Marine Building
22 Dorothy Nyembe Street
Durban
Postal Address:
Private Bag X001
Bishopsgate
Durban, 4000
Cell: 079 505 2305
Tel: (031) 310 5300
Fax: (031) 310 5416
Ilembe District
Greenville Building,
Corner
of Link Road and R102: Opposite Fire Station
Cell: 079 505 2302
Tel: (032) 552 1268
Fax: (032) 552 1060
uThukela District
94 Murchison Street
Ladysmith
Postal Address:
Private Bag X9901
Ladysmith, 3370
Cell: 079 505 2308
Tel: (036) 638 1800
Fax: (036) 638 1830
Sisonke District
139A Margaret Street
Ixopo, 3276
Cell: 079 505 2396
Tel: (039) 834 7400
Fax: (039) 834 7430
uThungulu District
Lot 61137, opposite Mhlathuze Sports Complex,
Maingate, Veldenvlei
Richards Bay
Postal Address:
PO Box 11037
Richards Bay, 3900
Cell: 079 505 2347
Fax: (035) 780 5690
Tel: (035) 780 5660
uMkhanyakude District
Mzolozolo Avenue
Mkuze, 3969
Cell: 079 505 2366
Fax: (035) 573 8830
Tel: (035) 573 8800
Where can I get advice regarding liquor trade licences/permits?
KwaZulu-Natal Liquor Authority is responsible for liquor licensing in the province and could be contacted on 27 31-3020600 or http://www.kznlqa.co.za/.
Where can I get assistance regarding consumer advice?
Consumer Services are provided in the Head Office and District Offices (see district offices).
Are there any public entities under the department’s control?
The Department has eleven statutory bodies aligned to its operations (see public entities).
• Other statutory or specialist bodies linked to the department.
Specialist bodies have been established to oversee strategy and policy implementation in the department. These include:
• KwaZulu-Natal Maritime B-BBEE Council
• KZN B-BBEE Forum
• KwaZulu-Natal Economic Council
Which national departments are strategically linked to the department?
The Department is aligned with three national departments based on the kind of services it offers and these include:
• Department of Trade & Industry (DTI)
• Department of Economic Development
• Department of Tourism
Departmental events, where can I get information from?
Various corporate events are organised each year to augment the Department’s communication of its activities to its diverse publics. This offers direct interactive sessions in which general or specific issues are discussed and resolutions that influence the strategic planning process are reached. These gathering take the form of workshops, seminars, summits and conferences sponsored solely by the Department or collaboratively with social partners or public entities (see calendar of events).
What are the consumer's rights in terms of the CPA?
A Consumer has the right to equality, privacy, right to choose, right to disclosure and information, and the right to fair and responsible marketing.
They also have the right to fair and honest dealings, just and reasonable terms and conditions, fair value, good quality and safety.
What is a Warranty/Guarantee?
A warranty/guarantee is an undertaking by the supplier to repair a product supplied to a consumer should the product becomes faulty as a factory fault within a specified period of time under certain conditions.
What are Easy-Money Making schemes? Also known as “Get-Rich-Quick” schemes
Participates are required to give money to the promoters, and they are also required to introduce new members to the scheme in order to benefits
Examples thereof:
• Money revolving Schemes
• Multiplication Schemes
• Pyramid Schemes
• Chain Letters
Note: often, these schemes do not last for a long period and promoters cannot fulfill their promises indefinitely
What are Grey Goods/ Parallel Imports?
They are:
• Unlicensed, branded imported goods;
• Perhaps identical to products imported by the authorized local agents of the overseas manufacturer;
• Adapted for use in areas other than South Africa; and
• May not necessarily operate effectively in south Africa.
