Community Safety
Whether his Department has any measures in place to balance the interests of local communities who want to limit the number of liquor establishments and their opening hours near to where they live against the interests of those residents and tourists who also contribute towards economic growth and who demand more choices and longer opening hours; if not, why not; if so, what are the relevant details?
The business processes for the lodgement and consideration of liquor license applications from the National Liquor Act, 1989 to the Western Cape Liquor Act, 2008 as amended has changed substantially. Under the National Act, 1989 zoning was not a requirement, however, under the Western Cape Liquor Act 4, 2008 as amended zoning is a requirement for the consideration of liquor license applications.
The current legislation also allows for the greater public notification processes for new liquor license applications. The liquor license application process allows for members of the public to lodge objections for the issuing of liquor licenses in their communities. Section 34 of the Western Cape Liquor Act 4, 2008 as amended indicated that in order to grant a licence, the applicant must prove to the Liquor Licensing Tribunal [LLT], on a balance of probabilities, that the following criteria are met:
- PERSON - is the applicant of good character and not disqualified. Section 35
- PREMISES - is/will the premises be suitable for the type of liquor licence being applied for and do the applicant have the right to occupy the proposed licensed premises. Section 34 [1] [c]
- PUBLIC INTEREST - that the granting of the licence will be in the public interest. Section 34 [1] (a)
With regards to the notification process of the new liquor license application:
- The Western Cape Liquor Authority advertise the applications in the local newspapers – Section 37 [1].
- The applicant to display a notice of the application in three official languages at the premises – Section 37 [2]
- Designated Liquor Officer [DLO]) - The designated liquor officer in whose area of jurisdiction the proposed licensed premises are located must notify:
- The municipality - Section 37 [4]
- The neighbouring residents – Section 37 [5][a]
- The community policing forum – Section 37 [5][b]
Community members also have the right to lodge a complaint about premises that are already licensed. The WCLA encourages you to report the transgressions of any licensed establishment in your area by contacting us on [021] 204 9700 or [021] 204 9805 or via email on Liquor.Enquiries@wcla.gov.za or Piwe.Nqubezelo@wcla.gov.za
Municipal by-laws regulate trading days and hours in respect of liquor outlets. Hours and days as stated in by-law must be enforced and application for deviation from these hours must be lodged with the municipality and not the Western Cape Liquor Authority [WCLA].
Where no by-law is in place the hours and days as specified in the conditions of the specific liquor license should be enforced.
