The new act, announced by MEC for Economic Development and Tourism, Michael Mabuyakhulu in a media address, allows for the sale of alcohol on Sundays.
However it has a number of implications for liquor license holders, including those situated next to learning and religious institutions.
The KwaZulu-Natal Liquor Authority (KZNLA) has a conversion plan to allow for a smooth transition from the 1989 Act to the 2010 Act.
All existing liquor license holders can immediately convert their licenses as from 28 February. Further, for convenience, the KZNLA will assist in converting licenses by visiting the districts of Ethekwini, Ugu and Sisonke; Ilembe and Umgungundlovu from 10 to 20 March.
The Act calls for direct community participation in the liquor licensing process, giving communities an opportunity to comment on an application as it is compulsory for an applicant to advertise the application in two locally circulating newspapers.
An applicant is also required to give notice to neighbours within a 100-metre radius of the proposed premises. This is a fundamental departure from the old Act where the applicant was required to advertise in the Government Gazette which is largely inaccessible to would-be objectors.
Under the new Act, applicants are no longer required to lodge an application in a magistrate’s court on the first Friday of the month. An application can now be lodged on any Friday with the Liquor Authority. Likewise, the gazetting of applications is done away with in terms of this new act.
While one of the objectives of the new Act is to facilitate new entrants into the industry, there are stringent requirements that must be met by applicants.
In accordance to the new act, licenses will not be automatically renewed each year. The licensee is required to make an application to the Liquor Authority six months prior to the expiry of the license.
If the Liquor Authority is satisfied that the conditions of the liquor license have not been violated, then the license will be renewed.
The new Act, therefore, requires licensees to comply with license conditions, failing which licenses will not be renewed automatically.
All liquor license applications will be considered by local committees which are established in terms of the Act. These committees are to be appointed by the MEC.
There are 11 local committees, one for each district municipality and one for the Durban Metro. The local committee is made up of eight people who have diverse expertise, including legal knowledge, to consider applications for new licenses.
The local committee is the first tier in the licensing process. These committees are mandated in terms of the Act to make recommendations to an adjudication committee which will be the final arbiter in the liquor licensing process. However the Act makes provision for an appeal process.
The new Act also provides for the granting of temporary amnesty applications for those licenses which were granted in terms of the old Act and are currently situated:
* Within a 500 metre circumference from learning and religious institutions.
* Convenience stores franchised to a service station selling petrol, diesel or other petroleum products to the public.
The amnesty may last up to a maximum of three years, after which the establishment must relocate.
For more information contact the KZNLA call centre on 087-232-2333.
