In terms of the Liquor Act, shebeen and tavern owners have to apply for special liquor licenses in order to legalise their businesses. It is illegal to sell liquor unless you have a liquor license granted by the Liquor Board.
Who may apply for a liquor licence
You can apply for a liquor license unless you:
Have served a prison sentence without the option of a fine in the last 10 years
Are a minor (under the age of 18 years)
Are a spouse of any of the above
How to apply for a liquor license
You can apply for a liquor license through a lawyer or a liquor consultant or you can apply in your personal capacity.
The application form is known as FORM 1.
The application should be typed and not hand-written.
Include details to support your application, such as proof of occupation. Also include details of the premises, such as photos and a floor plan.
The prescribed application fee must be paid to the local office of the South African Revenue Services (SARS) and proof of payment should be attached to the application.
The application form should be forwarded to the Magistrate in the district where the premises is situated.
The application will eventually be forwarded to the Liquor Board.
The Liquor Board will consider each application in terms of the applicant, the premises and the public interest.
There are 2 types of licenses:
It permits the sale and consumption of liquor on licensed premises such as hotels, clubs, theatres and restaurants
It permits the sale of liquor that is going to be consumed off the premises such as shops, liquor producers and liquor stores
Once a license is obtained, the licensee may appoint another person to run the business on his/her behalf, as long as that person is not disqualified from holding a liquor license.
The license must be renewed each year on payment in advance (by 31 December of the previous year), of the prescribed fee.
Failure to pay the annual fees on time will result in the lapse of the license and the trader will have to re-apply for the license.
If the licensed premises cause disorder, the neighbours may lodge a complaint.
The police will take steps against the trader.
If the problem persists the Liquor Board may hold a hearing and place conditions on the license or withdraw/suspend the license.
No person may sell liquor to a minor (a person under the age of 18 years).
No minor may falsely claim to be 18 years or older in order to procure the sale or supply of liquor to him/her by anyone.
No person may falsely claim that a minor is 18 years of age or older to procure the sale or supply of liquor to that minor.
A person my not employ anyone who has not yet attained the age of 18 in premises where liquor is sold.
An employer may not supply liquor to an employee as term and condition of employment.
No person may sell liquor or supply liquor within 500 meters from the premises of a school.
No person may consume liquor in or on any road, street, lane or thoroughfare, or any vacant land in an urban area.
No person may be drunk or disorderly in any place to which the public has access.
No person may take liquor into any sports ground or possess or consume any liquor in a sports ground.