Module 4
• wine farmers’ licences (granted to a person or organisation that engages in viticulture; granted on premises other than where liquor is manufactured which differentiates this licence from a producer’s licence)
• sorghum beer brewers’ licences • sorghum beer licences
• special licences (granted at the discretion of the Provincial Liquor Board with special conditions for on and off consumption outlets where exceptional or unusual circumstances prevail that cannot be accommodated within the framework of any other licence)
• producers’ licences (granted to a viticulturist or manufacturer of a fermented beverage (wine) such licences may sell liquor to retailers and the public).
9.2 The general and special conditions for on- and off- consumption premises/licences
General conditions It is illegal to sell liquor unless you have a liquor licence granted by the Liquor Board.
In general, a licence will not be issued to any person who, in the 10 years prior to applying for the licence, was sentenced to imprisonment without the option of a fine. Offences under the Liquor Act may also disqualify a person from obtaining a licence. However, in both cases, a licence may be granted if the relevant authority considers that the offences do not make the applicant unfit to hold a licence.
A licence will not be granted to an unrehabilitated insolvent or a minor. Licences will also not be granted to the spouses of, say, unrehabilitated insolvents.
A holder of a liquor licence may not employ any person under the age of 18 years in connection with the sale or supply of liquor, nor may a licence holder allow an employee under the age of 18 to enter restricted parts of premises – that is, a bar or similar place where liquor is served, but which is not part of a room in which food is also served.
Tese restrictions do not apply to persons over the age of 16 years who are being trained in catering services or who are apprenticed, or undergoing training for the management of the licensed premises.
Liquor may not be sold or supplied to persons under the age of 18 years, and such people are not allowed in restricted parts of premises.
Te holders of a liquor licence may:
• Refuse admission to the premises to any person • Ask any person to leave the premises
• Ask non-lodgers to leave premises that are reserved for lodgers
• Remove any person who is ‘drunk, violent or disorderly’ or whose behaviour may result in the licence holder being prosecuted under the Liquor Act.
Te Liquor Act provides for the assistance of the police in removing people from licensed premises and it is advisable to obtain police assistance if necessary. It would be unwise to try to remove someone physically because this might result in a charge of assault or a claim for damages.
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