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New Liquor by-law allows businesses to apply for extended trading times

New Liquor by-law allows businesses to apply for extended trading times

The new by-law Control of Undertakings that Sell Liquor to the Public, 2013 is expected to be promulgated in the Provincial Government Gazette in January and will repeal all existing by-laws

concerning the sale of liquor.

According to Business Day Live, it is likely to come into effect in February 2014, allowing businesses with valid liquor licenses to apply for extended trading times if they adhere to the requirements and limitations set out in the by-law.

It replaces the Liquor Trading Days and Hours By-law, 2010 and so all-existing by-laws concerned with the sale of liquor have therefore been retracted. Under the Liquor Trading Days and Hours By-law of 2010 only license-holders of on-consumption liquor premises situated in category 3 and 4 of the Schedule were eligible to apply for extended liquor trading hours. Off-consumption liquor license-holders (bottle stores, etc.) did not qualify to apply for extended liquor trading days or hours.

According to the City of Cape Town, businesses that sell liquor consumed off premises are allowed to apply for extra trading hours from Monday to Saturday from 18:00 to 20:00 and for trading on Sundays from 11:00 to 18:00. Where liquor is consumed on the premises, liquor licensed premises in category 5 of the Schedule are now also eligible to apply for extended liquor trading hours from 02:00 to no later than 04:00.

The Draft By-Law: Control of Undertakings that Sell Liquor to the Public, 2013 contains a number of new provisions which include provisions for:

  • Revised liquor trading hours and days
  • The application to extend trading days and hours for on-consumption and off-consumption premises based on certain conditions
  • The factors for consideration when dealing with applications for extended operating times
  • The suspension, amendment and revocation of extended trading days and hours based on certain conditions
  • The provision of powers to prevent the sale of liquor as well as the temporary closure of premises and seizure of liquor
  • The duties of the licensee (relating to municipal competencies
  • The introduction of a vicarious responsibility, which makes the manager of employee of the licensee responsible for acts and omissions
  • The powers of enforcement of this by-law for WCLA inspectors appointed in terms of the Western Cape Liquor Act of 2008
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