Community Safety

The Western Cape Liquor Authority (WCLA) informed me as follows:

In response to both questions above the definitions of “liquor” and “sell” is provided. 

“Liquor” means any liquid or substance which contains or is intended to contain more than 1% of alcohol by volume or mass, but excluding:
a)    Methylated spirits;
b)    Medicine which is subject to the registration of the Medicines and Related Substances Act, Act 101 of 1965; and
c)    Products which are not intended for human consumption.

“Sell” includes supply, exchange, offer for sale, display for the purpose of sale or authorise, direct or allow a sale, supply, exchange, offer for sale or display for sale. 

(1)    With these definitions explained, if the product that they manufacture meets the requirement of the definition of ‘Liquor’ in our Act, and they sell the product to any third party they would need a liquor licence. 

(2)    The criteria for these licences would be exactly the same as any other licence provided for in the Act.

REQUIREMENTS IN TERMS OF SECTION 36 OF THE WESTERN CAPE LIQUOR ACT

The application and granting of a licence for the micro-manufacture and sale of liquor for consumption both on and off the premises is prescribed in terms of section 36 of the WCL Act as follows:
 
36. (1) An application for a licence of a category referred to in section 33 must be made to the Board by submitting on or before the prescribed date to the Board and the designated liquor officer in whose area of jurisdiction the proposed licensed premises are located—
(a) the prescribed application form properly completed;
(b) a zoning certificate;
(c) where necessary, a copy of a planning application submitted to the municipality concerned in terms of applicable planning legislation;
(d) other information that may be required by the Liquor Licensing Tribunal to enable it to determine whether the applicant meets the criteria for the granting of a licence; and
(e) the prescribed fee which must be paid in the prescribed manner.

(2) No application for a licence may be advertised during the period of 1 December and 15 January of the following year.

(3) By submitting an application for a licence, the applicant consents that the Liquor Licensing Tribunal or any member or authorised employee of the Board may—
(a) conduct any hearing, investigation or enquiry pertaining to the integrity, character, reputation, prior conduct, habits, associations, financial standing and ability, criminal record, competence, experience and suitability of—
(i) the applicant or, if the licence has been granted, the licensee;
(ii) any director or shareholder, member, trustee or beneficiary, or person holding a membership share, where the applicant is a company, close corporation, trust or co-operative; and
(iii) any person directly or indirectly involved in the affairs of any applicant or, if the licence has been granted, the licensee;
(b) disclose any document or information submitted as part of or together with an application to any person in connection with such hearing, investigation or enquiry; and
(c) obtain from and disclose to any law enforcement or regulatory agency or body anywhere in the world information of and concerning the applicant for purposes of any hearing, investigation or enquiry.

The WCLA further provide a section 36 Checklist to ensure that the prospective license holders when submitting applications comply with the provisions of the Act. The checklist is attached as Annexure “A”.