Alcohol, although an addictive substance, is sold legally and in a professional manner through the use of legislation.
The legalities that surround the liquor industry in South Africa have been established at both the national and provincial level.
According to the Edenvale SAPS acting communications officer, Warrant Officer Jean Olckers, the Liquor Act No 59 of 2003 regulates the macro-manufacturing and distribution of liquor in all nine provinces.
Provincial Liquor Acts regulate micro-manufacturing, the retail sale of liquor and the licensing.
The Constitution of South Africa, Act No 108 of 1996, gives provincial government the power to enforce the Liquor Act.
SA will eventually have nine provincial liquor acts, since the Liquor Act No 27 of 1989 was repealed in every province and currently only six of the nine provinces have implemented Provincial Liquor Acts.
The illegal trading of liquor, both on a micro and a macro-manufacturing level, is a criminal offence.
On a micro-level, the suspect can be referred to a magistrate’s court for prosecution or have an admission of guilt imposed.
On the macro-level, the case will be sent to a magistrate’s court for prosecution and liable on conviction to a fine not exceeding R1 000 000 or imprisonment not exceeding five years.
Admission of guilt fines cannot be issued for macro-manufacturing crimes.
The various licences available for liquor are:
- An on-site consumption liquor licence. This include pubs, clubs, theatres, hotels and others. The liquor must be consumed on the premises.
- An off-site consumption liquor licence. This are granted to liquor shops and wholesalers, where liquor can be sold but not consumed on the property.
- Distribution registration: This allows for the legalised distribution of alcohol from a liquor trader who sells liquor to other traders, for example a liquor store that sells to other liquor stores.
- Manufacturing registration: This is granted to a manufacturer who produces volumes of liquor that are equal to, or exceed, the following thresholds per year: 100-million litres of clear beer, 50-million litres of sorghum beer, 4-million litres of wine, 2-million litres of spirits.
Licenced liquor traders must be aware of the following:
- The licence must be available at the premis.
- The licence must be annually renewed.
- It is an offence to sell, supply or manufacture concoctions.
- It is an offence to employ minors or sell liquor to minors
- It is an offence to sell liquor to an intoxicated person.
- It is an offence not to adhere to trading hours/days.
- Liquor licences cannot be leased to another person.
