Collections
Related documents
Buffalo City
South Africa
South Africa
Liquor Trading Hours By-law, 2013
- Published in Eastern Cape Provincial Gazette 3093 on 17 December 2013
- Commenced on 17 December 2013
- [This is the version of this document from 17 December 2013.]
1. Definitions
In this by-law unless the context otherwise indicates -"Act" means the Eastern Cape Liquor Act, 2003 (Act No. 10 of 2003);"board" means the Eastern Cape Liquor Board established by section 4 of the Act;"Council" means the municipal council of the Buffalo City Metropolitan Municipality or any other committee, official or councillor acting by virtue of powers delegated by the municipal council;"community" means the group of people residing, working or operating within a 300m radius of the premises in respect of which application for registration, in terms of the Act, is made;"departure application" means a written application in duplicate made in accordance with Schedule 2 or Schedule 3, as the case may be;"Minister" means the Minster of Environmental Affairs and Tourism, as defined in terms of section 1 of the Tourism Act, 1993 (Act 72 of 1993);"operator" means the owner, manager or person responsible for any premises where trade in liquor is conducted or is intended to be conducted;"official" means any person authorized by Council to perform the function of an officer under this by-law and includes any member of the South African Police Services or a traffic or a law enforcement officer as appointed by Buffalo City Metropolitan Municipality or an inspector as appointed or designated in terms of section 46(1) of the Act;"premises" includes any place, land, building or conveyance, or any part thereof;"regulations" means the regulations, published as Provincial Notice No. 17 of 28 May 2004, as amended, and made under the Act;"retail" means the sale of liquor for use or consumption but not for resale;"trade" means the buying and selling of liquor on a retail basis, and "trading" shall have a corresponding meaning;"trading hours" means the hours during which trade in liquor is permitted in accordance with Schedule 1; and"ward committee" means a committee as contemplated in the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).2. Purpose of by-law
The Council, acting in terms of the powers granted to it in the Act, adopts this by-law with the aim of determining the hours during which liquor may be traded.3. Application of by-law
This by-law shall be applicable in respect of all premises situated within the area of jurisdiction of the Council where trade in liquor is conducted or is intended to be conducted.4. Legislative framework
This by-law falls within the following legislative framework, including any other relevant legislation -5. Trading hours
5A. Departure applications
5B. Accommodation establishments
6. Report by ward committee
7. Enforcement
8. General offences
No person shall-9. Penalties
Any person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and shall be liable, on conviction, to a penalty not exceeding R10,000 or imprisonment not exceeding three years or to both such fine and imprisonment.10. Transitional provisions
11. Repeal of by-law
Local Authority Notice 125 of 28 October 2008 is hereby repealed in its entirety.12. Short title and commencement
This by-law shall be known as the Buffalo City Metropolitan Municipality Liquor Trading Hours By-law and takes effect upon publication in the Provincial Gazette.History of this document
17 December 2013 this version
Cited documents 3
Act 3
1. | Local Government: Municipal Systems Act, 2000 | 4671 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4531 citations |
3. | Promotion of Administrative Justice Act, 2000 | 2770 citations |