Community Safety
Whether the South African Police Service has any measures in place to close down illegal establishments where alcohol is sold and served; if not, why not; if so, what are the relevant details?
Every police station [150] in the Western Cape has one or more appointed Designated Liquor Officer appointed in terms of Section 73(1) of the Western Cape Liquor Act 4 of 2008.
The responsibility of the Designated Liquor Officer is to ensure compliance of the Western Cape Liquor Act 4 of 2008 by licensed liquor holders. It is also the responsibility of the Designated Liquor Officer to ensure that action steps are taken against any person trading in liquor without a liquor license.
Section 32 [1] of the Western Cape Liquor Act 4 of 2008 stipulate:
“32 [1] A person may not micro-manufacture or sell liquor unless authorized to do so in terms of a license issued in terms of this Act, the Liquor Act or the Liquor Act, 1989 [Act 27 of 1989].”
The Vispol Head at station level responsibility is to ensure that operations are conducted against such a person who deals in liquor without a license.
Section 60[3] stipulates:
“6[(3] A person who is not licensed or authorized to sell liquor may not at any time have in his or her possession or under his or her control more liquor than the quantity prescribed in terms of subsection [2], except with the consent provided for in that subsection.”
Section 76 makes it an offence for a person to:
“76[d] purchases liquor from any person knowing, or having reasonable grounds to suspect, that such a person is not licensed or permitted to sell liquor in terms of this Act”
Section 85 states as follows:
“85[1] If in any criminal proceedings or at a meeting of the Liquor Licensing Tribunal evidence is adduced that a person who is not licensed or permitted to sell liquor in terms of this or any other Act-
[a] Had on or near his or her premises a sign or notice purporting that liquor is for sale there;
[b] Occupied premises fitted out in a manner to induce a reasonable conclusion that liquor is for sale there;
[c] Had on his or her premises or under his or her control more liquor that the maximum volume referred to in section 60 without the prior consent required by that section; or
[d] Bought or produced more liquor than the maximum volume referred to in section 60 without the prior consent required by that section, It is prima facie proof of the sale of liquor.”
The Designated Liquor Officer can make use of the above mentioned legislation to address people dealing in liquor without a license. Action can also be taken against these people in terms of the Criminal Procedure Act 51 of 1977.
