THE new Liquor Act, Act 6 of 2010, which came into effect on Friday, 28 February, will have an impact on the alcohol outlets on the Bluff, many of which are in close proximity to schools and religious buildings.
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 licence holders can immediately convert their licences as from 28 February. Further, for convenience, the KZNLA will assist in converting licences by visiting the districts of eThekwini, Ugu and Sisonke, Ilembe and Umgungundlovu from 10 to 20 March.
The new Act allows for the sale of alcohol on Sundays and provides for the granting of temporary amnesty applications for those licences 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.
“Unlike the old Act, this one calls for direct community participation in the liquor licensing process. Communities will have an opportunity to comment on an application as it is compulsory for an applicant to advertise the application in two locally circulating newspapers.
In addition, an applicant is 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,” said MEC for Economic Development and Tourism, Michael Mabuyakhulu in a media address on the new Act.
Bluff Ratepayers Association chairman, Ivor Aylward believes the new act is good, apart from the re-opening of stores on Sundays. “Let us hope what they are saying can be upheld and regulated as I don’t see laws being upheld currently, with files of complaints against bottle stores lodged at police stations. I do not think it is a good idea to allow stores to be open on Sundays, however,” said Aylward.
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 licence 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.
Another departure from the old Act is that licences will not be automatically renewed each year. The licencee is required to make an application to the Liquor Authority six months prior to the expiry of the licence. If the Liquor Authority is satisfied that the conditions of the liquor licence have not been violated, then the licence will be renewed. The new Act, therefore, requires licencees to comply with licence conditions, failing which licences will not be renewed automatically.
Furthermore all liquor licence 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 licences. 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.
