Vosloorus SAPS warns public about drinking in public

He said lately, Vosloorus SAPS experiences more liquor offences that are committed. And as police, they don’t know who is spreading false information or rumours that the police are no longer allowed to arrest and detain persons for drinking or getting drunk in public.

He said drinking in a vehicle, even when you are a passenger or the vehicle that is stationary in a public place, is also prohibited. He added that the Liquor Act is not amended and the police will not hesitate to act against those persons who are found breaking the law.

He pleaded with this publication to help combat these crimes by informing the community to not engage in liquor offences, since it has been discovered that most of the crimes committed are alcohol related.

Here are some prohibitions of the Gauteng Liquor Act 2 of 2003:

Prohibitions

Responsible sale and supply of liquor

53. (1) A licencee must not sell, supply or give liquor to

(a) a minor

(b) a person who is dressed in a school uniform

(c) a person who reasonably appears to be intoxicated or

(d) a pregnant woman.

(2) A licencee must not permit a person contemplated in subsection 3 (1) (a) and (b)

(a) to consume liquor on licensed premises under the control of the licencee.

(b) to be in or on any place within licensed premises where liquor is sold for consumption on the premises, except in a room where meals are served to diners seated at tables.

(c) to be in or on the licensed premises, in which liquor is sold for consumption off the premises, unless ––

i. the licensed premises are a retail food store or

ii. the person is accompanied by a parent, guardian or other adult with the apparent consent of the parent or guardian or

(d) to be in any room or place within the licensed premises that the Board has demarcated as an area in which minors are not allowed to be.

(3) A licencee

(a) must take reasonable steps to verify the age of a person who appears to be under the age of 18 years before selling, supplying or giving liquor to that person and

(b) may take reasonable steps to verify the age of any other person before selling, supplying or giving liquor to that person.

(4) A licencee in terms of this Act must not sell liquor to a manufacturer or a wholesaler in liquor.

(5) A licencee must visibly display in the licensed premises a notice stating that:

(a) Liquor may not be sold to persons under the age of 18 years, and persons under 18 years are not allowed in the premises.

(b) The manager or any person in charge of the premises may request the identity document of any person to verify their age before any liquor may be sold or supplied to them.

(c) Liquor may not be sold to intoxicated persons.

(d) The consumption of liquor by a pregnant woman may cause harm to her and the unborn baby.

(e) Drinking and driving is dangerous and illegal.

(f) No guns or sharp objects are allowed in the premises.

(g) A gun safe is available.

(h) The owner of the premises reserves the right to search anybody before entering the premises or inside the premises and

(i) the right of admission is reserved.

(6) The MEC, by regulation, may prescribe

(a) standards for notices required by subsection (5), and additional provisions to be included in any such notices or

(b) days and times during which liquor may not be sold.

(7) In addition to any regulations contemplated in subsection (6)(b), the Board may further restrict the operating days and hours during which a particular licencee may sell liquor, subject to conditions set out in the licence.

(8) A licencee must not sell liquor on a day or at a time prohibited by regulation or the licence conditions.

(9) The MEC, in consultation with the Member of the Executive Council responsible for health matters in the province, may prescribe the content and the manner in which licence holders must display public health notices relating to the sale or consumption of liquor.

(10) A licencee must not employ any person, in connection with the sale of liquor who

(a) is under the age of 18 years.

(b) was convicted within the preceding two years of contravening any law regulating to the sale and/or micro manufacturing of liquor, and was sentenced to imprisonment without the option of a fine, or to both imprisonment and a fine.

(11) Subsection (10) (a) does not apply to a registered student under the age of 18 years who is acquiring skills in a field of an accredited institution.

(12) It is an offence for any person to

(a) sell liquor without a liquor licence, or contrary to the conditions of the liquor licence

(b) contravene subsection (1), (2)(a), (3), (4), (7) or (9).

Responsible consumption of liquor

54. (1) A minor must not

(a) buy or attempt to buy liquor or

(b) falsely represent himself or herself to be over the age of 18 years in an attempt to persuade another person to sell, supply or give liquor to the minor

(2) A person must not refuse to provide identification when required by a licencee for the purpose of verifying the person’s age.

(3) A person must not supply or give liquor to a minor, other than the bona fide supplying or giving of negligible quantities of liquor in performance of a religious ceremony or service.

(4) A person must not

(a) falsely represent a minor to be over the age of 18 years in an attempt to persuade another person to sell, supply or give liquor to the minor

(b) act violently or disorderly in any premises in which liquor is sold or supplied

(c) consume any liquor in the public, including but not limited to any road, street, lane or thoroughfare, or on vacant land adjacent thereto, in an urban area or other area subdivided into erven or plots with streets bounded by such erven or plots

(d) consume liquor in a motor vehicle driven in a public road or allow consumption of liquor in a motor vehicle of which he or she is a the driver or which is under his or her control while it is driven in a public road or allow liquor contained in an open container to be in a motor vehicle while driven on a public road

(e) introduce possess or consume any liquor on a sports ground that is not a licensed premises, to which the public has or is granted access, irrespective of whether access is granted against payment or is restricted to any category of persons or not or

(f) offer or supply liquor to a person as

i. payment for wages

ii. remuneration

iii. an inducement to employment or

iv. a supplement to employment.

(5) A person who contravenes any provision of this section commits an offence and is liable of conviction, to a fine or imprisonment or to both a fine and imprisonment.

The negative effects of consuming liquor

In most cases, liquor consumption leads to a large number of deaths caused by road accidents.

Some people are knocked down by cars while walking on the street under the influence of liquor.

Most of the crimes and deaths reported are caused by people who are under the influence of liquor, which they later regret.

The sentencing of people found committing the crime

A fine for drinking and drunk in public is R500.

There is also a different fine for drinking while pregnant. The fine in this regard is more than the R500, which is fined to people who are drinking and those who are drunk in public spaces.

The Act even forbids drinking in front of your own yard.