Frequently Asked Questions
1. Q: Who may apply for a liquor licence?
Any person who is not disqualified in terms of the Liquor Act(Act no.27 of 1989). Persons who are disqualified, are the following:
- Persons who served a prison sentence without the option of a fine in the preceding 10 years;
- An unrehabilitated insolvent;
- A minor;
- A spouse of any of the above;
- A person, who had previously been a licence holder, but whose licence had been withdrawn (cancelled) by the liquor board.
2. Q: Why does a person require a licence to sell liquor?
The Western Cape Liquor Act requires that any person who wants to sell, manufacture, or distribute liquor, has to be licenced to do so.
The government wants to exercise control over -
- persons who sell liquor and;
- the premises from which liquor is sold.
The government believes that licensing is beneficial to the public interest, as well as generating licence fees and other taxable income (eg. tax on gambling machines on licenced premises).
3. Q: What kinds of licences may be applied for?
A person may apply for the following kinds of licences to enable them to sell liquor -
- Consumption on licensed premises
- Hotel liquor licences;
- Restaurant liquor licences;
- Wine-house liquor licences;
- Theatre liquor licences;
- Club liquor licences;
- Special licences;
- Temporary liquor licences;
- Occasional licences;
- Consumption off the licensed premises
- Wholesale liquor licences;
- Brewers' licences;
- Liquor store licences;
- Grocers' wine licences;
- Wine farmers' licences;
- Special licences;
- Producers' licences;
- Internet licences;
4. Q: What may happen if a person sells, manufactures or distributes liquor without a valid licence?
Such a person would be selling liquor in contravention of the current Liquor Act, thereby exposing that person to prosecution by the South African police,
5. Q: Will my premises qualify for a liquor licence?
Each premises from which liquor is sold, is approved by a Liquor Board.
A detailed plan accompanies each application for a liquor licence, indicating
the furniture and equipment, doors, windows, toilets, liquor storage area, and
serving area.
The Liquor Board takes various other factors into account, eg. the proximity of the premises
to schools, churches and public transport.
6. Q: How do I apply for a liquor licence?
Preparing a properly drafted and motivated application for a liquor licence is a
highly specialized field of expertise. It is advisable to make use of a liquor
licence consultant or lawyer. Such a person should have experience in handling liquor licence applications, as the success of your application may determine the success of your
business. It is not advised to handle your application by yourself, as you
would require practical, administrative and
legal expertise to prepare and present a properly drafted and motivated
application.
The liquor licence specialist must be able to explain the application process to
you and obtain the information required to draft a properly
motivated application.
7. Q: May the Liquor Board impose any conditions when they grant my licence?
Yes. The Liquor Board may impose any condition, which they deem proper. The most common conditions imposed are the following:
- A restriction on trading hours (eg. 10h00 hours to 02h00 hours);
- No loud music or loud entertainment in a restaurant;
- Restrictions to ensure that the licence is only used for the purposes that it was intended, eg. that a restaurant does not become a night club.
8. Q: May I sell my liquor or give it to another person?
Yes, but it will be subject to the Liquor Board's approval of the person buying or receiving the liquor licence.
9. Q: May I move my licence to another premises?
Yes, a licence may be moved from one premises to another, subject to approval by the Liquor Board.
10. Q: Must I renew my licence?
Yes, your licence is required to be renewed annually. A fee is determined for each class of licence. Fees are payable on or before the 31 December of each year.
For further information, please access our information page regarding Renewals.