Liquor License Application Western Cape – WC.

liquor-license-wc


Western Cape Liquor Authority

3rd Floor
Sunbel Building
3 Old Paarl Road
Bellville
7530
Private Bag X6
Sanlamhof
Bellville
7532
Tel: +27 (21) 204 9700


How is the Application Lodged?

An application is lodged by either hand delivery or via post.

Where and when are Applications Lodged?

3rd Floor, Sunbel Building
Voortrekker Road
Bellville
AND

with the Designated SAPS Liquor Officer in whose area of jurisdiction the business is located. Although licenses may be lodged at any time, the following first Friday of the month is regarded as the date the application in lodged.

Please ensure that all the required documents as listed on the front page of the application form are attached.

Apply for Liquor License Western Cape
Apply for Liquor License Western Cape

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Liquor Licence Applications (Section 36)   (Download Forms 3, 4, 5 & 6) (pdf, 1.1MB)

You can apply for a liquor licence through a lawyer or liquor consultant or in your personal capacity.

In order to apply for a permanent liquor licence, the following forms (available in the Western Cape Liquor Regulations) are required to be completed:

  • Form 3 – page 51
  • Form 4 – page 52 – 59
  • Form 5 – page 60
  • Form 6 – page 61

The completed forms need to be typed on A4 size standard paper. Please ensure that all the information is supplied to complete the forms and that the information is correct.

Applications must be accompanied by:

  • certified copy of applicant’s ID
  • comprehensive floor plan of the premises
  • site plan of the premises
  • description of premises
  • colour photographs
  • written representations in support of the application
  • zoning certificate or copy of a planning application submitted to the municipality
  • proof of payment of application fee (R 1 250)

More detailed information regarding what the site plan, floor plan, description of premises and colour photographs need to include, is available in the Western Cape Liquor Regulations, regulation 9. You can also request a checklist from the WCLA.

Application Procedure

Step 1: The application must be lodged simultaneously with the WCLA and the Designated Liquor Officer (DLO) in the area of the proposed licenced premises. Applications must be lodged by 14:00 on the last Friday of any month. If the Friday is a public holiday, the application should be lodged on the last working day of that month.

Step 2: Once the application is with the WCLA, the application will be checked to ensure all information and documents are included. (If all information and documents were included in the original application ignore the rest of this step and step 3.) Soon a first letter will be sent to the applicant, consultant and DLO identifying which documents or information is outstanding. The letter will specify a date by which all outstanding information should be submitted. The timeframe will be approximately 2 weeks.

Step 3: Should the information or documents requested in the first letter not be complete by the due date, a second/final letter will be sent requesting the information and specifying a date by which the information/documents must be submitted. This is the last opportunity to provide the information and if it is not provided, the application will be presented to the Liquor Licensing Tribunal (LLT) without the required information which could have a negative impact on the LLT’s decision.

Step 4: Once the application contains all relevant information/documents then only will it be advertised. The applicant must display a notice as in Form 6 in three official languages of the Province. It must:

  • be headed by the words: NOTICE OF LODGEMENT OF APPLICATION FOR LIQOUR LICENCE in bold-faced upper case letters at least 2cm in height and in black lettering not less than 0.5cm wide on a white background
  • be at least A3 size standard paper
  • be waterproofed
  • remain in place for not less than 28 days from date of publication of lodgement of the application
  • be in a prominent place at the proposed licence premises

Step 5: Should anyone make representations for or against the application, the applicant will be served with a copy of the representations. The applicant has the option to respond to the representations/objections. If the applicant decides to respond, they must lodge their response with the Authority and DLO no later than 42 days after the publication of the notice of lodgement of the application.

Step 6: Now that the applicant has responded/or not responded as the case may be, the complete application is put before the LLT and all the applications are considered. The outcome of the application will be communicated to all affected parties.


Categories of Licences (for Section 36) 

The Liquor Licensing Tribunal may grant the following licences—
(a) a licence for the micro-manufacture and sale of liquor for consumption both
on and off the premises where the liquor is sold;
(b) a licence for the sale of liquor for consumption on the premises where the
liquor is sold;
(c) a licence for the sale of liquor for consumption off the premises where the
liquor is sold;
(d) in exceptional circumstances, a licence for the sale of liquor for consumption
both on and off the premises where the liquor is sold

Temporary and Special Event Liquor Licences   (Download Form 12) (pdf, 1.8MB)  (Download Form 13) (pdf, 1.8MB)

What is a temporary and special event liquor licence?

  • Temporary Liquor Licence – A liquor licence that is issued for a short period of time if applicants meet the necessary criteria.
  • Special Event Liquor Licence – According to the Western Cape Liquor Act 4 of 2008 as amended,  a ‘‘special event’’ means a fundraising event in aid of an educational or welfare organisation, any exhibition, sports meeting, cultural gathering, or artistic performance.

Who can apply for a temporary and special event liquor licence?

  • Temporary Liquor Licence – A temporary liquor license can only be applied for by a person already in possession of a liquor license for the sale and consumption of liquor on the premises.
  • Special Event Liquor Licence
    • an educational institution, other than a school as defined in section1 of the South African Schools Act 84 of 1996 (e.g. university, private school can apply)
    • a welfare or cultural organisation (must be registered and must have proof of NPO certificate)
    • the organiser of an exhibition (e.g. paintings or liquor exhibitions)
    • the secretary, manager or chief steward of a bona fide race or sports (e.g. rugby match, karate tournament etc.)
    • the organiser of an artistic performance (e.g. dance or music show, etc.)

How do I apply for a temporary or special event liquor license?

Applications for a temporary or special event liquor licence must be lodged, simultaneously with the Western Cape Liquor Authority and the Designated Liquor Officer (DLO) of the area. It is the responsibility of the applicant to ensure the information in the application is correct. If the applicant is a company, CC, trust or organisation, such an application needs to be accompanied by a special resolution authorising a natural person to apply and also indicating who the manager will be for the purposes of the event.

For a temporary liquor licence, the application must be made at least fourteen (14) days before the first day of the period it is required for. The temporary liquor license will not be granted for longer than fourteen (14) consecutive days or for more than a total of thirty (30) days in one year. The application needs to be made by the licence holder. The application must be accompanied by:

  • a certified copy of the applicant’s ID
  • proof that current liquor licence is valid
  • proof of payment of application fee (R 250)
  • written representations in support of the application
  • a completed Form 12 (available in the Western Cape Liquor Regulations)

For a special event liquor licence, applicant can apply for the sale of liquor for consumption on or off the premises. The application must be made at least fourteen (14) days before the day of the special event. The special event licence is only valid for the duration of the event. The application must be accompanied by:

  • a certified copy of the applicant’s ID
  • proof of payment of application fee (R 250)
  • written representations in support of the application
  • a completed Form 13 (available in the Western Cape Liquor Regulations)

For both Form 12 and Form 13 you will require the following:

  • plan of the premises clearly indicating in colour the area to be licensed
  • site plan
  • description of the premises
  • colour photographs
  • representations in support of application
  • proof of right of occupation in respect of temporary licences

The DLO will in five (5) days after the application has been lodged, serve a copy of his/her report on the applicant. Should the DLO not lodge a report, an inspector from the Western Cape Liquor Authority will write a report and forward a copy to the applicant. The applicant has five days to lodge a response to the report mentioned above. The applicant will be informed in writing shortly after the Presiding Officer has decided on the application. Should the application be granted, the applicant must pay the fees of R 250 per day for a temporary liquor licence and R150 per day for a special event liquor licence, before the licence will be issued.

Both temporary and special event liquor licences are subject to the standard conditions of liquor licences as well as any other conditions or restrictions that the Presiding Officer may impose.


Removal of a Liquor Licence   (Download Form 30 & 31) (pdf, 1.4MB)

A removal is an application for a permanent or temporary move of the licence from the licensed premises concerned to any other premises in the Province. Temporary and special event liquor licences are not removable from the licensed premises.

Where and with whom should you lodge the application?

  • With the Western Cape Liquor Authority at their offices on the 3rd Floor, Sunbel Building, Voortrekker Road, Bellville.
  • Designated Liquor Officer in whose area of jurisdiction the business is currently located
  • Designated Liquor Officer in whose area of jurisdiction the applicant is applying to for the removal (where you want to move the business).

Both DLOs will lodge a report with the Authority.

Application Procedure

  • The application must be made in the form of a completed Form 31(available in the Western Cape Liquor Regulations), typed on an A4 size and contain all the information required by Form 31. The application must be accompanied by:
  • a floor plan of the premises on an A4 or A3 sized paper clearly showing –
    • the proposed licensed premises in colour;
    • the dimensions of each room on the premises;
    • the uses of all the rooms on the premises;
    • all doors, windows and counters (where applicable) and means of internal and external communication;
    • the streets and places to which such means of external communication lead;
    • where liquor will be stored on the proposed licensed premises;
  • a site plan on an A4 or A3 sized paper, clearly showing –
    • an outline of every building on the erf to which the application relates;
    • other liquor licensed premises on the erf;
    • the uses of all buildings on the erf to which the application relates;
  • a description of the premises with reference to the construction, layout, furnishing, fixtures, fittings and floor covering;
  • colour photographs of the completed internal and external features of the premises, or where the application is for an incomplete premises, the stage of completion of the premises;
  • written representations in support of the application and any determination, consent, approval or authority that was applied for at the same time;
  • proof of payment to the Authority of the R500 application fee;
  • a copy of the applicant’s ID and in the case of a juristic person, copies of the relevant registration documents showing the financial interest of all members, shareholders, partners or beneficiaries;
  • proof of notices in terms of section 37 of the Western Cape Liquor Act;
  • all documents specified in Form 31 and the Act, or requested by the Liquor Licensing Tribunal.

All attached plans must indicate the date of preparation and the name and address of the person who prepared it.

  • The Authority will publish a notice in three official languages on the Friday after the application has been lodged.
  • The Authority will notify the applicant in writing regarding the outcome of the application. Upon payment of the prescribed fee (see table below), the Authority will issue a certificate of removal within sixty (60) days.

How much is the Removal issuing fees?

TYPE OF LICENSE REMOVAL FEES
On – consumption licence R 1 000
Off – consumption licence R 1 000
On and off – consumption licence R 1 500
Micro – manufacturing licence R 1 000

What happen if a licensee did not pay the removal fee within the 60 days’ timeframe?

  • Should the licensee not pay the fee, the granting of the application will lapse, unless the licensee applies to the Chief Executive Officer for condonation of failure to pay the fee, within sixty (60) days after expiration of the original sixty (60) day period.
  • The Chief Executive Officer may condone the failure and allow late payment of the fee subject to a penalty of 100% of that fee, by a date determined by the Chief Executive Officer.

More information regarding Removals

  • A certificate of removal is subject to the conditions set out in the certificate as the Presiding Officer or LLT may impose.
  • The Presiding Officer may by a notice delivered or tendered to the licensee concerned, revoke or amend any condition imposed by him/her or the LLT.
  • The issuing of the certificate of removal allows the licensee to permanently or temporarily, as mentioned on the certificate, conduct the business to which the licence relates, on the premises (the plan of which has been approved by the Presiding Officer or LLT).
  • Where the certificate of removal permits the removal for a specific period, the Presiding Officer may before the expiration of that period, on application by the licensee, extend the period or revoke the certificate.
  • Should an application for the removal of a licence be granted by the LLT for a premises not yet built or a premises needing structural alteration, addition or reconstruction in order to make it suitable for the licence, the notice from the Authority must order the licensee to comply with such conditions or requirements in regards to the premises as the Presiding Officer may determine and in a period as determined by the Presiding Officer.

eLiquor Express Set Up Cost R 260 000

Transfer of Liquor Licences   (Download Form 27) (pdf, 1.5MB)  (Download Form 29) (pdf, 808KB)

What is a Transfer?

A transfer is when a licence holder wants to transfer financial interest to another person. If you transfer more than 5% of financial interest to another person, you will have to apply for such a transfer.

Where and when are Applications Lodged?

With the Western Cape Liquor Authority at their offices on the 3rd Floor, Sunbel Building, Voortrekker Road, Bellville and with the Designated SAPS Liquor Officer in whose area of jurisdiction the business is located.

Application Procedure

  • Applicants should hand in:
    • a completed Form 27 (available in the Western Cape Liquor Regulations) typed on an A4 size paper;
    • certified copy of applicants ID or registration of applicants and interest of members/shareholders of the legal entity;
    • representations in support of the application;
    • the proof of payment to the Authority of the R250 fee.
  • The Designated Liquor Officer (DLO) will lodge a report with the Authority and the licensee regarding the qualification and fitness of the proposed licensee to hold the licence.
  • Should the report contain any information or recommendation which is unfavourable to the proposed licensee, he/she will be informed in writing and have seven days after receiving the report to respond.
  • The Authority will notify the proposed licensee in writing once the LLT has granted (or refused) the application. The proposed licensee then has sixty (60) days in which to pay the fee for issuing the notice of transfer (see the fees below).
  • A certificate of transfer will be issued to the proposed licensee after payment which will set out the conditions of the licence as imposed by the LLT.

How much is the Transfer issuing fees?

TYPE OF LICENSE TRANSFER FEES
On – consumption licence R 1 000
Off – consumption licence R 1 000
On and off – consumption licence R 1 500
Micro – manufacturing licence R 1 000

More information regarding Transfers

  • The Liquor Licensing Tribunal (LLT) will not grant a transfer of a licence unless it is satisfied that the proposed licensee:
    • is not disqualified from holding a licence
    • is of good character
    • is or will be suitably educated and trained or will have one or more employees suitably educated and trained to manage the licensed premises.
  • The LLT may, upon granting the transfer direct the proposed licensee to undergo education and training as the LLT deems fit.
  • If the proposed licensee dies; becomes in-solvent or is declared incapable of managing his/her own affairs by a court; or being a company, trust, co-operative or close corporation, is liquidated before the application is considered, the executor, trustee, curator or liquidator may exercise all the powers and rights which such person, company, trust, cooperative or close corporation would have had.
  • The LLT may grant a transfer in favour of an executor, trustee, curator or liquidator or such other person as the LLT may deem appropriate.

Consent to operate licensed premises while Transfer is pending

  • A proposed licensee may apply to the Pre-siding Officer of the LLT for consent to run the licenced premises pending the transfer of the licence.
  • An application for this consent must be lodged with the Presiding Officer and the DLO of the area.
  • The Presiding Officer may grant consent for this, for a period that does not exceed six months from the date that consent was given.
  • The Presiding Officer is at liberty to revoke or (upon application) extend any consent granted.
  • A proposed licensee with consent may operate the licensed premises according to the terms of the licence, for his/her own account and has the same rights and duties as the licensee.

The granting of consent does not relieve the licensee from any duties or obligations in terms of the licence.

How to apply for consent

The application for consent must:

  • be in the form of a completed typed A4 sized Form 29
  • include a certified copy of applicant’s ID or registration of applicants and interest of members/shareholders of the legal entity
  • include representations in support of the application
  • include proof of payment to the Authority of the R250 application fee.

Storing of liquor on additional places

Where should liquor licence holders store their liquor?

Liquor licence holders are only allowed to store liquor in the approved storage area also indicated on their plan.

If I want additional space to store my liquor, what should I do?

A liquor licence holder requires the consent of the Presiding Officer to store liquor in another or additional place. Liquor Licence Holders should apply to the WCLA to store liquor in another or additional place.

Application Procedure

  • Lodge a written application with the Authority and the designated liquor officer in whose area of jurisdiction the proposed storage area is located
  • The application must be accompanied by:
    • a map showing the location of the proposed storage area;
    • a detailed plan of the applicable portion of the proposed storage area, on which the place where the liquor is to be stored is indicated in colour, clearly showing with reference thereto-
      1. (i)  the dimensions;
      2. (ii)  all doors, windows and counters (if applicable) and means of internal and external access; and
      3. (iii)  the streets and places to which the means of external access lead;
    • a description of the shortest distance by road from the licensed premises to the proposed storage area;
    • a description of the situation of the proposed storage area with reference to the geographical area in which it is situated;
    • proof of payment to the Authority of the application fee of R250;
    • written representations in support of the application.
  • The designated liquor officer must within 14 days after the application has been lodged, serve a copy of his or her report on the licensee and lodge the report with the Authority together with proof that the report has been served on the applicant.
  • If the designated officer fails to lodge his or report with the Authority, the Chief Executive Officer must, within 21 days from date of lodgement of the application, notify the designated liquor officer concerned in writing, to lodge the report within three days.
  • If the designated liquor officer fails to lodge his or her report, the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to lodge a report in respect of the application concerned.
  • An inspector must lodge his or her report with the Authority and forward a copy to the licensee within the period stipulated by the Chief Executive Officer.
  • The licensee must lodge his, her or its response to a report by the designated liquor officer or a report by an inspector within seven days of having been served with a copy of either report.
  • (8) The Presiding Officer must within 30 days after receipt of all documents referred to in this regulation either grant or refuse the application.
  • (9) The Authority must, within seven days after the Presiding Officer has decided on an application made, inform the licensee in writing of the decision.
  • If an application is granted, the Authority must issue a written consent within seven days after the consent was granted.
  • When an application is granted in terms of this regulation, the applicant must pay the fees of to the Authority.

Nomination of a Manager   (Download Form 17) (pdf, 832KB)

What is a nomination of a manager?

When the licence holder is a juristic person (CC or Pty Ltd) you need to appoint a natural person as the manager. In order to make this appointment you need to apply to the LLT.

Where and when are Applications Lodged?

With the Western Cape Liquor Authority at their offices on the 3rd Floor, Sunbel Building, Voortrekker Road, Bellville and with the Designated SAPS Liquor Officer in whose area of jurisdiction the business is located.

How much is the fees?

Free. No application or issuing fee.

Application Procedure

  • A licensee who nominates a person as manager in terms of section 52(2) must lodge a written nomination, in the form of Form 17 (available in the Western Cape Liquor Regulations), with the Western Cape Liquor Authority and the designated liquor officer in whose area of jurisdiction the licenced premises are located and must furnish the information required in that Form.
  • The original written nomination must be lodged with the Authority and a copy thereof with the designated liquor officer.
  • The nomination must be accompanied by:
  • a copy of the identity document of the nominated person; and
  • written representations in support of the nomination.
  • The designated liquor officer must serve a copy of his or her report referred to in section 52(3) on the licensee and lodge the report with the Authority together with proof that the report has been served on the licensee.
  • If the designated liquor officer fails to lodge his or her report , the Chief Executive Officer may forward a copy of the application to an inspector with a written instruction to in respect of the application concerned.
  • An inspector must lodge his or her report with the Authority and forward a copy thereof to the licensee within the period stipulated by the Chief Executive Officer.
  • The licensee must lodge its response, if any, to a report by the designated liquor officer or a report by an inspector within seven days after having been served with a copy of either report.
  • The Liquor Licensing Tribunal must after receipt of all documents either approve or refuse the appointment of the person concerned as manager.
  • The Authority must, within seven days after the Liquor Licensing Tribunal has decided on a nomination made inform the licensee in writing of the decision.
  • If the appointment is approved, the Authority must issue a written consent within seven days after the consent was granted.


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