Police Oversight and Community Safety
(1) What (a) is the number and (b) are the details (names and addresses) of the liquor outlets that have been visited by the Western Cape Liquor Authority officials for inspection in (i) 2019, (ii) 2020, (iii) 2021 and (iv) 2022 to date;
(2) (a) what is the breakdown of the number of outlets visited, (b) can the inspection report of each outlet visited be made available, (c) what is it that is being looked at when inspections are carried out, (d) what criteria are used to determine if a liquor outlet is fit or suitable for business and (e) what criteria are used to identify places to be visited for inspection?
[1] [a] [i] As at, 29 July 2022 the Western Cape Liquor Authority [WCLA] have 8 948 valid licences - a breakdown since 2019 is attached as Annexure “A”.
[b] [i]-[iv] The number of inspections conducted is as follows [a detailed list is attached as Annexure “B”:
2019: 3923
2020: 4604
2021: 13 416 (these included repeated inspections of the Area-Based Team [ABT] areas])
2022 to date: 5842 [repeated inspections included]
[2] [a] The number of inspections conducted is as follows:
2019: 3923
2020: 4604
2021: 13 416 [these included repeated inspections of the ABT areas]
2022 to date: 5842 (repeated inspections included)
[b] Yes, reports can be made available upon request.
[c] The inspection form serves as a guideline of what Inspectors are required to Inspect, to monitor and enforce compliance [see Annexure “C”].
[d] Referral to section 34 and section 36 of the Western Cape Liquor Act.
Criteria for granting licences 34. [1] The Liquor Licensing Tribunal or Presiding Officer, as the case may be, may not grant a licence, unless it or he or she is satisfied on a balance of probabilities that— a.] the granting thereof is in the public interest; b.] the applicant is of good character, and not disqualified from holding a licence in terms of section 35; c.] the premises on which the sale or consumption of liquor will take place are or will upon completion be suitable for use by the applicant for the purposes of the licence; d.] the applicant has the right to occupy the proposed licensed premises; and e.] the granting of the application does not prejudice— [i] the residents of a residential area; [ii] the residents of an institution for the aged or frail; (iii) the learners of an educational institution who are under the age of eighteen [18] years; [iv]) the patients of an institution for drug or alcohol related dependencies; or [v] the congregants of a religious institution located in the vicinity of the proposed licensed premises. [2] Paragraph (d) of subsection [1] does not apply to the applicant for a licence referred to in section 33[2][a].
Application procedure
36. [1] An application for a licence of a category referred to in section 33[1] must be made to the Authority by lodging on or before the prescribed date with the Authority 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 or 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 lodging an application for a licence, the applicant consents that any member of the Board or authorised employee of the Authority 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 lodged 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
[e] In relation to the Compliance and Enforcement components annual performance targets, all outlets in the ABT areas are visited at least once a quarter and all licences in the Western Cape must be visited per financial year. The inspections are further informed by the number of complaints registered, community structure requests, problematic areas identified by law enforcement agencies, high murder rate areas, etc.
