LICQUOR LICENSE

WESTERN CAPE TAVERNERS Challenge New Liquor Act

The new Western Cape Liquor Act that came into effect on April 1, 2012 is already haunting the authority.

The Mitchell’s Plain Liquor Traders Association has filed court papers in which they asked the Western Cape High Court to interdict the provincial government from shortening liquor trading hours in terms of the new law. The liquor traders in the province have previously expressed their dissatisfaction about the shortening of trading hours as prescribed in the newly amended provincial liquor law. The new liquor Act has so far been viewed as the toughest liquor legislation in South Africa. The Mitchell’s Plain Liquor Traders Association has subsequently submitted objections to the draft policy to the provincial parliament before it could be enacted. “We come from a shebeen environment where we trade at all hours. Now that we have complied with the law, things are becoming more difficult for us and we do adhere to strict conditions,” says the Association Chairperson, Elton Oosthuizen. they are sticking to their licensing agreements. “Most of our customers work and business only really picks up after their patrons come home from work. People are already complaining about the trading hours. We are trying to trade responsibly but these hours are affecting us negatively,” he says. In the newly amended law, the liquor authority has reduced the trading hours for on-consumption premises, such as pubs, clubs, restaurants and hotels. He says the loss of the two-hours of trading would constitute a severe blow to the economic viability of applicants’ business, because the peak trading hours are between 18h00 and 20h00 when the clientele arrive from their places of employment. In addition, the association has also asked the court to interdict the provincial government from enforcing a zoning scheme certificate for existing liquor licence holders.

The Western Cape Finance, Economic Development and Tourism Spokesperson Phumzile van Damme confirmed that last year in November, the ministry received notification that the Mitchell’s Plain Liquor Traders Association had filed papers requesting an interdict on the shortening of trading hours and the enforcing zoning scheme certificates for existing liquor license holders. She said the Western Cape Government filed an answering affidavit on 7 January 2013. But at the time of writing, Van Damme declined to comment further saying the matter was sub judice. Last year, Economic Development and Tourism Minsiter, Alan Winde announced that the province will introduce designated streets within communities where commercial zones will be established and liquor traders will operate. “To bring unlicensed liquor outlets within the ambit of the law, we aim to implement the High Street Model. In these commercial zones, liquor traders will be able to operate with other businesses and do so with the correct zoning and licensing. With the help of the Violence Prevention through Urban Upgrade (VPUU), we have identified seven areas in the Western Cape to roll out the High Street Model pilot project. The areas are: Nyanga, Harare, Delft, Mfuleni, Philippi, Gugulethu and TR section in Khayelitsha,” Winde said.