Liquor Licence Holders Located on Service Stations Must Apply Before Deadline

In respect of existing liquor licences which lapse on 31 March 2013 for being located on the same erf as a service station, Section 89(9) of the Western Cape Liquor Act (“the Act”) states that “Unless determined otherwise by the Liquor Licensing Tribunal upon application, a licence which has been issued in respect of premises located upon an erf upon which a service station selling petrol, diesel and other petroleum products is being carried on at the date of commencement of this Act, lapses twelve (12) months from the date of commencement of this Act”.

The Western Cape Liquor Authority has made the decision that bona fide applications in terms of Section 89(9) of the Western Cape Liquor Act (“the Act”), 2008, will be considered on the following basis:

The Liquor Licensing Tribunal will consider liquor licence applications that have been received by the Western Cape Liquor Licensing Authority by no later than 12:00 noon on 27 March 2013 for liquor licences in respect of liquor outlets situated on the same erf as a service station selling petrol, diesel and other petroleum products.

In order to prevent the lapsing of the existing licenses in terms of Section 89(9) of the Act, a stay will be granted for a maximum period of 12 months (commencing 01 April 2013 and ending 31 March 2014) in respect of such applications received, provided that the following conditions are met:

Written applications are received on or before 12:00 noon on Wednesday, 27 March 2013. These applications need to include:

1. Licence number

2. Licence holder’s name

3. Physical address of the premises

4. Postal address

5. Email address

6. Site plan of the premises, indicating:

6.1 The licenced area

6.2 The filling station pumps

6.3 The erf number(s)

7. State the shortest distance from the pumps to the licenced premises.

These applications can be submitted to piwe.nqubezelo@westerncape.gov.za or P. O. Box 398, Cape Town, 8000 or fax to 0865251462. Applications may also be hand delivered to the Western Cape Liquor Authority, 6th Floor, NBS Waldorf Building, 80 St Georges Mall, Corner Castle and Burg Streets, Cape Town.

Applicants shall, by no later than 12:00 noon on 31 October 2013, furnish the Western Cape Liquor Authority with additional information as may be required in order to consider the applications in terms of 89(9). No further extension will be granted for the additional information to be submitted. The Western Cape Liquor Authority will inform liquor licence holders of the requirements of such applications by 31 July 2013.

The Liquor Licensing Tribunal will consider all applications received in terms of Section 89(9) between 01 November 2013 and 31 March 2014. The outcome of these considerations will be applicable for the year starting 01 April 2014.

It has also come to the Authority’s attention that potential applicants are regarding section 81 (3) as a total ban on applications for liquor licences on a service station premises. This is not the case.

In respect of new liquor licence applications in respect of liquor outlets located on the same erf as a service station, Section 81 of the Western Cape Liquor Act, 2008, states “(1) No liquor may be sold, supplied or consumed on an erf upon which the business of a service station selling petrol, diesel and other petroleum products to the public is conducted. (2) Subsection (1) does not apply to premises already licensed. (3) Except in exceptional circumstances, the Liquor Licensing Tribunal may not grant a licence in respect of premises as contemplated in subsection (1). (4) A contravention of or failure to comply with subsection (1) is an offence.” The Western Cape Liquor Authority will accept new liquor licence applications for consideration in terms of Section 81 of the Act, which applications will be considered in terms of the conditions contained in the Act.

For any queries, please contact the Deputy Director for Liquor Administration: Ms Leatitia Petersen on Leatitia.Petersen@westerncape.gov.za or 021 483 9431.