Module 4
9.3 Explain and give examples (where applicable) of certain aspects with regard to liquor laws and regulations in South Africa
Access to premises/right of admission: Te licence holder, his agent or employee may refuse to admit any person to the licensed premises or any part thereof. Similarly, he may refuse to sell or supply liquor to any persons. Te holder further has the right to request any person to leave any part of the licensed premises and to remove from the premises any person who is drunk, violent or disorderly, or whose presence on the premises may constitute an offence on the part of the holder. In enforcing the above-mentioned rights, the licensee may request a police officer to assist him.
Bar/restricted part: refers to the licensed premises in respect of which an on-consumption licence has been issued, in which liquor is served over a counter (and which does not form an integral part of a room where ordinary meals are taken continuously on a daily basis). A bar counter located in a restaurant for example is not a ‘restricted part’. A bar of this nature will also be open to the public on closed days. Any restricted part of the licences premises must be (at every entrance) clearly indicated as such. No person under 18 may be served at a bar/restricted part.
Closed days: refers to days that liquor may not be sold: • Sunday
• Good Friday
• Christmas Day. Trading hours (see previous section re specific types of liquor licence.)
Corkage: refers to the fee levied on a customer by a restaurant for bringing their own wine. It is not a penalty but rather a service fee as you are served by their staff and use their glassware and ice among other things.
• It is not illegal to allow a customer to bring his own liquor into the licensed premises and to consume the liquor on the premises.
• Te Licensee shall ensure that liquor sold under the licence shall be consumed on the licensed premises only.
• It means that a customer who brought liquor onto the premises may legally remove that liquor from the premises upon his departure.
• But the burden of proving that the liquor removed has not been sold under the licence will fall upon the licence holder.
• Much of the corkage issue is leſt to the discretion of the licence holder. Premises: means the premises on which liquor may be sold under a licence.
Did You Know It is important to consult the latest Liquor Act for the correct information. Also keep in mind that each province in South Africa might have additions to the National Liquor Act – for example, the times that liquor can be sold in the Western Cape by licence holders might be different than those in Gauteng.
Te aim of the Liquor Act is: (a) to reduce the socio-economic and other costs of alcohol abuse by – (i) setting essential national norms and standards in the liquor industry; (ii) regulating the manufacture and wholesale distribution of liquor; (iii) setting essential national norms and standards for the regulation of the retail sale and micro- manufacture of liquor; and
(iv) providing for public participation in the consideration of applications for registration; 134 FutureManagers
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