How To Get a Liquor License in South Africa

How To Get a Liquor License in South Africa

The cost of obtaining a liquor license is between R5,000 and R25,000 depending on your province and Municipality. Having a liquor license gives you the benefits of buying your stock directly from South African Breweries (SAB) at cheaper prices.

First, you need a SAPS clearance certificate confirming that you do not have a criminal record. This step can take up to six weeks, so start with this step before you can do the rest.

Second, you need premises or a stand before you can even apply for a liquor license. The public area must not be less than 50m2. The idea is that your premises are 500m away from a church, school, or library.

Third, you can download the application form on www.liquorlicense.co.za. Apply as soon as possible because a Liquor License Application can take longer up to 4-6 months.

ARE YOU AWARE THAT LIQUOR LICENSES NOW REQUIRE A BEE CERTIFICATE?

1. A recent article in the Mercury Newspaper listed the following as the “public interest” requirements that must be met when applying for a liquor license. These are based on the New Liquor Act that came into effect earlier this year.
2. The need for a liquor outlet in the intended area must be shown.
3. The social impact a result of the liquor establishment must be considered.
4. A social responsibility program must be proposed concerning alcohol consumption
5. All institutions that are of a religious, public recreational, and educational nature within 500m of the intended establishment must be listed.
6. A security plan also has to be provided.
7. The applicant requires a police clearance certificate.
8. If the applicant is a legal business entity A BBBEE certificate from an approved BEE rating agency is also required.

LIQUOR LICENSE SECTION 23

(NEW APPLICATION)

OUR SERVICE OFFERING INCLUDES:

• Renewal of Liquor Licenses.
• Lodgement of Liquor License Applications.
• Appointment of manager at Liquor Board
• Change of Plan.
• Occasional Permits.

1) Types of Liquor Licenses

Liquor Licenses are divided into two distinct categories namely: On Consumption Liquor License (Liquor sold may only be consumed on the premises and may not be removed from the premises) e.g. Restaurant, Pub, Tavern, etc. and Off Consumption Liquor License e.g. Liquor Store (Liquor sold may not be consumed on the premises.) In addition to this, the law provides for a Wholesale and Distribution Liquor License (Liquor may be sold to licensed entities such as Liquor Stores, Pubs, etc. Wholesale or the public and can be transported in bulk throughout the country) and Manufacturers of Liquor License. Wholesale Liquor License holders can only supply to licensed businesses, not to the public.

Each Province has its own Provincial Liquor Act. The requirements and types of licenses as well as the lodgement procedure and documents required differ from province to province.

2) Renewal of Liquor Licenses

All Liquor Licenses must be renewed annually. Should a Liquor License holder fail to renew, the Liquor License will expire after a specific time. Should a Liquor License expire, a new Liquor License application must be lodged. The renewal process also differs from province to province.

3) Lodgment of Liquor License Applications

Liquor Licenses can only be lodged on the first Friday of every month. Notice in the Government Gazette has to be done approximately two weeks before the lodgement date (roughly in the middle of the month). Should either the notification date or advertisement date in the newspapers be missed, the application cannot be lodged and will have to stand over until the next month. The whole process of the application will have to be redone the next month.

We will advise the applicant which documentation and information are required for the submission of his Liquor License Application. Note that we cannot lodge an incomplete application. Contact us for more detail regarding the lodgement process in your province.

4) Other requirements:

4.1) Property

A major factor remains the zoning of the property. Your local Municipality`s Planning Department or Land Use Department can confirm the suitability of premises for an application for a specific Liquor License, should it be a Liquor Store, Restaurant, Tavern, Club, or any other Liquor License. The local municipality has to give a Local Authority Approval letter (LAA) on the proposed premises. The proximity to similar licensed premises, schools, or churches. This detail will be handled by us to maximize your chances of success.

4.2) Additional information

You can apply for a liquor license on-premises if the building is not built or needs alterations or renovations. We will apply for the license from the plan (on conditional granting) however the waiting period for the license will be longer. It is recommended for time purposes that the premises are ready to trade, upon inspection from the liquor board inspector or designated police officer.

The licensee shall at all times display the Liquor License at a conspicuous place on the premises. It is advisable to attach the proof of payment of the Liquor License for the current year to the license as well as the Appointment of Manager Certificate and other related documentation.

4.3) The Applicant

The Applicant of the Liquor License must be domiciled in South Africa, have no criminal record, may not be insolvent or a minor and must be in good standing at the Receiver of Revenue, to name only a few requirements. The application can be done in the personal capacity of the applicant (natural person) or a company however there are additional documents required for a company applicant.

In Gauteng; the licensee shall ensure that the name of the business, type of Business, type of Liquor License, times of Business, and Liquor License number are visibly written in characters larger than 5 centimeters in height, on the front door or window of the licensed premises.

5) Other liquor-related services offered:

1. Appointment of manager. It is important to remember that a manager must be appointed should the holder of the Liquor License not be available to manage and be responsible for the business.
2. Change of Plan. Before any alterations or extensions of the licensed premises are made, the license holder must apply to the Liquor Board for approval.
3. Occasional Permits. You have to apply for an Occasional permit if you have an event or function. The permit is valid for the one day or duration of the event. Such an application has to be lodged 14 working days before the event.
4. Trade license. In Gauteng; A Certificate of Emergency Management Services and Certificate of Acceptability from the local municipality is required to receive the liquor license (once the license has been granted by the Liquor Board) however it is not necessary to be attached for lodgement.

Please note. Section 23 (3) of the Gauteng Liquor act 2 of 2003

Where an application for a license has been refused by the Board, NO new application may be made in respect of the same premises within 1 (one) year from the date of refusal, except by special leave granted at the discretion of the Board. It is advised that ALL documents submitted are reflecting the correct information. LiquorLicense.co.za™ will assist the client with full submission, however, the client remains fully responsible for the submission. LiquorLicense.co.za™ cannot guarantee any application/liquor license submission, as we do not have full access to any client's information, and we can only use documents submitted by the client/applicant/franchisee.

Herewith is a list of documents required for us to apply for a liquor license.

DOCUMENTS REQUIRED:

• Completed Franchise Agreement & Proof of Commitment Deposit (Client)
• 4 Certified copies of the ID of the applicant (Client)
• 4 Certified copies of Fingerprints or Police Clearance (Client)
• Signed Lease Agreement or Title deed (Client)
• Menu (if on consumption license) (Client)
• 4 Certified copies of the Tax Clearance Certificate of the applicant (Client)
• Pictures, Plan, and 3D Layout Design of premises (Liquor License)
• Motivation & Full description of premises (Liquor License)
• 4 Certified Copies of Zoning Certificate of Premises (Client)
• Proof of advert in Government Gazette & Gazette (Liquor License)
• Proof of advert in National Newspaper (Legal Notice) & Newspapers (Liquor License)
• CV of applicant (Client)m) Business Plan (if funding is needed from banks) (Liquor License)
• 4 Certified copies of Affidavit (Church, Schools & another liquor license) (Client)
• Resolution Letter (Written permission to apply on behalf of the client) (Client)
• Zoning Certificate and LAA (Local Authority Authorization) (Landlord/Broker)
• Affidavits (Liquor License)

  IF THE APPLICANT IS A COMPANY:

• Completed Franchise Agreement & Proof of Commitment Deposit (Client)
• 4 Certified copies of Company documents (Client)
• 4 Certified copies of Fingerprints or Police Clearance of all members (Client)
• 4 Certified copies of Company Tax Clearance Certificate (Client)(No personal tax clearance is necessary)
• Signed Lease Agreement or Title deed (Client)
• Menu (if on consumption license) (Client)
• 4 Certified copies of all members ID’s of the company (Client)
• Pictures, Plan, and 3D Layout Design of premises (Liquor License)
• Motivation & Full description of premises (Liquor License)
• 4 Certified Copies of Zoning Certificate of Premises (Client)
• Proof of advert in Government Gazette & Gazette (Liquor License)
• Proof of advert in National Newspaper (Legal Notice) & Newspapers (Liquor License)
• 4 Certified copies of Affidavit (Church, Schools & another liquor license) (Liquor License)
• Resolution Letter (Written permission to apply on behalf of the company) (liquor license)
• Business Plan (if funding is needed from banks) (Liquor License)
• Zoning Certificate and LAA (Local Authority Authorization) (Landlord/Broker)
• Affidavits (Liquor License)

LIQUOR LICENSE PROCEDURE:

Steps 1 to 3 are to be done before an advertisement in the gazette is done to ensure the documents are in hand to submit as incomplete applications will not be accepted.

1. To acquire the zoning certificate and Local Authority Approval letter from the Municipality
2. To acquire the Tax Clearance Certificate and Police Clearance Certificate of the applicant
3. Secure a letter of consent from the landlord or lease agreement/title deed of premises
4. To give Notification in Government Gazette two weeks before the lodgment
5. To receive the National Tourism and Hospitality Association Certificate
6. To advertise in local newspapers (x2)
7. To Lodge application on the first Friday of every month

AFTER LODGEMENT:

1. The application will be sent to the inspectorate for inspection to be done on the site
2. After inspection, the report will be attached to the application and sent through to the Local Committee to be recommended to the Liquor Board
3. The Liquor Board will now place the application on their agenda to be granted
4. The two standard condition certificates must now be attached to the application
5. A reference number for payment of the activation of the liquor license must now be paid
6. The license is issued

Note: The license will not be issued without the Certificate of Fire and Safety and the Certificate of Acceptability. These certificates can only be received once the shopfitting has been completed.

Note: Time frame for the issue of a license on average is about 3 months from the date of lodgment depending on the workload at the liquor board and inspectors' time of inspection.

Liquor License™ can only lodge an application on the first Friday of every month with the gazette notification done two weeks before the lodgement date as well as the advertisements placed in the two newspapers, also note all relevant documents must be in hand to submit the application, which includes the suitability certificate/ police clearance, tax clearance, lease agreement or consent letter from landlord, local authority from the municipality as well as the plan, a certified copy of ID affidavits and NHTSA Certificate.

Liquor License™ will complete the online registration (Form 1) on the Gauteng liquor board’s website which provides me with the reference number for the application. Liquor License™ can apply to the regional office or local committee of the specific area, at an additional cost / Fee.

After lodgement the application will be sent through to the liquor board’s inspectorate who will then send out an inspector to do the onsite inspection, he will file an inspector's report and attach it to the application which is then sent back to the local committee to be placed on their agenda. They will recommend or refuse the application and send it to the Liquor Board. The application is then tabled to be placed on the liquor board’s agenda for granting or refusal and or comments.

Note: As the applications are for a liquor store and at the time of lodgement the shop fitting is not done the liquor board will request a final inspection once the shop is completed as well as request the two standard conditions which are the certificate of Acceptability and the Certificate of Fire and Safety before the license will be issued.

We endeavor to submit the liquor license well before the beneficial occupation date to ensure the timeline of the application and shopfitting coincide.

Kindly see on Ecodev website (www.ecodev.gpg.gov.za) for Liquor Act and Regulations for your perusal, or Visit: Johannesburg Region Office: Liquor Licensing 124 Corner Main and Kruis Street, Marshalltown, Johannesburg, 2107

Contact Details: Liquor Regulatory Authorities

The Department of Trade and Industry: National Liquor Authority

77 Meintjies Street Sunnyside Pretoria 0002 Private Bag X 84 Pretoria 0001 Tel: +27 (86) 1843 384 Email: Nationalliquorauthority@thedti.gov.za

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