This is the version of this Provincial Notice as it was from 1 March 2019 to 26 January 2020. Read the latest available version.
Free State
South Africa
South Africa
Free State Gambling and Liquor Act, 2010
Free State Liquor Regulations, 2010
Provincial Notice 84 of 2010
- Published in Free State Provincial Gazette 61 on 2 July 2010
- Commenced on 2 July 2010
- [This is the version of this document as it was from 1 March 2019 to 26 January 2020.]
- [Amended by Free State Liquor Amendment Regulations, 2010 (Provincial Notice 230 of 2010) on 14 December 2010]
- [Amended by Free State Liquor Amendment Regulations, 2011 (Provincial Notice 151 of 2011) on 21 November 2011]
- [Amended by Free State Liquor Amendment Regulations, 2012 (Provincial Notice 111 of 2012) on 13 December 2012]
- [Amended by Free State Liquor Amendment Regulations, 2013 (Provincial Notice 106 of 2013) on 29 November 2013]
- [Amended by Free State Liquor Amendment Regulations, 2014 (Provincial Notice 103 of 2014) on 21 November 2014]
- [Amended by Free State Liquor Amendment Regulations, 2015 (Provincial Notice 159 of 2015) on 8 December 2015]
- [Amended by Free State Liquor Amendment Regulations, 2016 (Provincial Notice 277 of 2016) on 2 December 2016]
- [Amended by Free State Liquor Amendment Regulations, 2017 (Provincial Notice 215 of 2017) on 17 November 2017]
- [Amended by Free State Liquor Amendment Regulations, 2018 (Provincial Notice 112 of 2018) on 30 November 2018]
- [Amended by Free State Liquor Amendment Regulations, 2019 (Provincial Notice 134 of 2019) on 1 March 2019]
Chapter I
Definitions
1. Definitions
In these regulations, unless the context otherwise indicates, a word or expression to which a meaning has been assigned in the Act, has the same meaning, and—“Act” means the Free State Gambling and Liquor Act, 2010.Chapter II
Application for a registration certificate in terms of section 27 read with section 31
2. Lodgement
An application envisaged in section 27 read with section 31 for a registration certificate must be lodged during office hours on the first working Friday of the month to the designated office of the Authority.3. Form of application
4. Notice of application
5. Public inspection of documents
6. Objections
A person may lodge an objection to the application envisaged in regulation 2 to the Authority in the following manner:7. Filing of reports by a designated police officer and liquor inspector
8. Referral of reports to applicant
9. Request of further information
Where the Authority required further information from the applicant in terms of section 28(1) of the Act, the applicant must submit such further information within 14 working days from receiving the request for further information to the Authority.10. Hearing of objections
Hearings contemplated in section 35 of the Act must be recorded and minutes must be kept of the proceedings.11. Registration certificate
If any application for registration (excluding special events registration) is granted, a registration certificate, substantially in the form of Form FSLA3 in Schedule 1, must be issued.Chapter III
Application in terms of section 54 for a special events registration certificate
12. Lodgement
An application for a Special Events Registration in terms of section 54 of the Act must be lodged with the designated office of the Authority.13. Form of application
An application by an applicant referred to in section 54(1) of the Act for a special event registration must be—14. Procedure upon receipt of application
15. Procedure upon grant of application for special events
If the Authority grants approval for special events registration—Chapter IV
Application in terms of section 37 to vary conditions of registration
16. Lodgement of application
An application to vary conditions of registration in terms of section 37 of the Act must be lodged with the designated office of the Authority.17. Form of application
Every application contemplated in regulation 16 must—18. Procedure upon receipt of application
19. Filing of reports by designated police officer and liquor inspector
20. Referral of reports to applicant
21. Procedure upon grant of application to vary conditions
If an application to vary conditions of registration is granted, a written approval must be issued substantially in the form of Form FSLA7 in Schedule 1.Chapter V
Application in terms of section 38 to effect any structural alterations or an extension of registered premises
22. Lodgement of application
An application to effect any structural alteration or extension of registered premises in terms of section 38 of the Act must be lodged with the designated office of the Authority.23. Form of application
Every application contemplated in regulation 22 must be—24. Procedure upon receipt of application
25. Filing of reports by designated police officer and liquor inspector
26. Referral of reports to applicant
27. Procedure upon grant of application
If an application envisaged in regulation 22 is granted, a written approval must be issued substantially in the form of Form FSLA9 in Schedule 1.Chapter VI
Application in terms of section 39 for the transfer of registration
28. Lodgement of application
An application for the transfer of a registration certificate in terms of section 39 of the Act must be lodged with the designated Office.29. Form of application
An application for the transfer of a registration certificate must be—30. Procedure upon receipt of application
31. Filing of reports by designated police officer and liquor inspector
32. Referral to applicant
33. Procedure upon grant of application
If the application envisaged in regulation 28 is granted, approval substantially in the form of Form FSLA11 in Schedule 1 must be issued.Chapter VII
Notification in terms of section 39(3) for obtaining control over registrant
34. Lodgement of application
A person must inform the Authority about obtaining control over registered person as envisaged in section 39(3) of the Act.35. Form of application
A notification regarding the obtaining of control over registrant must be—36. Procedure upon receipt of notification
The Authority must consider the notification and, if necessary, take steps in terms of the Act or other legislation, which could include bringing it to the attention of the relevant authority in terms of the Competition Act, 1998 (Act No. 89 of 1998).Chapter VIII
Application in terms of section 40(3) for the appointment of person to conduct registered activities on an interim basis
37. Lodgement of application
An application for the appointment of a person to conduct registered activities on an interim basis as envisaged in section 40(3) of the Act must be lodged with the designated office of the Authority.38. Form of application
An application as envisaged in regulation 37 must be—39. Procedure upon receipt of application
40. Filing of reports by designated police officer and liquor inspector
41. Referral to applicant
42. Procedure upon grant of application
If the application for the appointment of a person to conduct registered activities on an interim basis is granted, approval substantially in the form of Form FSLA14 in Schedule 1 must be issued.Chapter IX
Application in terms of section 41(2) for the temporary removal of registration
43. Lodgement of application
44. Form of application
An application for the temporary removal of a registration must be—45. Procedure upon receipt of application
46. Filing of reports by designated police officer and liquor inspector
47. Referral to applicant
48. Procedure upon grant of application
If the application for the temporary removal is granted, approval substantially in the form of Form FSLA17 in Schedule 1 must be issued.Chapter X
Application in terms of section 27(2) for registration as a micro-manufacturer or authorised dealer of methylated spirits
[heading Chapter X previously Chapter IX renumbered by section 8 of Provincial Notice 230 of 2010]49. Lodgement
An application for a registration as a micro-manufacturer or authorised dealer of methylated spirits in terms of section 27(2) of the Act must be lodged with the designated office of the Authority.50. Form of application
An application by an applicant referred to in section 27(2) of the Act for a micro-manufacturer or authorised dealer registration of methylated spirits must be—51. Procedure upon receipt of application
52. Procedure upon grant of application for micro-manufacturer or authorised dealer of methylated spirits
If the Authority grants approval for registration envisaged in regulation 49, a registration certificate, substantially in the form of Form FSLA19 in Schedule 1, must be issued.Chapter XI
Application in terms of section 42 for registration prior to lapsing
53.
Prior to lapsing of registration a registrant may apply for registration as envisaged in section 42 of the Act in the same manner and form applicable to registration of new premises as set out in regulations 2 to 11.Chapter XII
Notification in terms of section 43 of voluntary cancellation of registration
54.
A registrant must inform the Authority about the voluntary cancellation in writing in which the following information must be submitted:Chapter XIII
Notification in terms of section 44 of cancellation as consequence of liquidation; sequestration; winding-up or death
55.
Chapter XIV
Notices
56. Form of notice
57. Issue of notice
Every notice must be issued by the Authority through the liquor inspector who must forward the original and one copy thereof to a designated police officer or inspector.58. Service of notice
Chapter XV
Records
59. Record keeping by Authority
All records required to be kept by virtue of the Act, must be in writing and must be retained in accordance with provisions of the Provincial Archives Act, 1999 (Act No. 4 of 1999).60. Records to be kept by certain holders of registration certificate
61. Appointment of natural person as manager
Chapter XVI
General provisions
62. Form of application
Any written application, any document accompanying such application and any document lodged in terms of the Act or regulations (excluding plans which shall be clear and legible), must be in typescript on A4 standard paper.63. Responsibility for correctness of notice
The applicant is solely responsible for the correctness of any notice submitted by him or her or his or her representative for publication in accordance with the provisions of these regulations.64. Publications, advertisements and notices
The notice referred to in regulations 4 and 43(2) must be deemed to be properly published in the Provincial Gazette if the Provincial Government Printer prints a notice in summary form, substantially in the form of Form FSLA2 or FSLA15, as the case may be, in Schedule land errors will not be the responsibility of the Authority.65. Availability of approvals or authorities
Every approval or authority issued in terms of the Act must be filed together with the registration certificate in the manner envisaged in section 30(4) of the Act.66. Certificate of appointment of liquor inspector
The certificate of appointment of a liquor inspector must be in writing and in accordance with Form FSLA24 in Schedule 1.67. Times of business
The times of business in relation to different categories of business are set out in Schedule 4.68. Complaints
Complaints of persons contemplated in section 132 of the Act must at least contain the following information —69. Matters to be included in report of designated police officer and liquor inspector
70. Guidelines regarding proximity and ratio of population
Chapter XVII
Fees
71. Access to documents
The provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), apply to fees for access to documents of the Authority.72. Application fees
73. Fees payable in respect of the issue of a registration certificate
74. Fees payable in respect of the transfer or removal of a registration certificate
Within 60 days of the issue of a certificate of transfer or removal, there must be deposited into the account of the Authority the fees set out in Part B in Schedule 3.75. Fees payable annually in respect of a registration certificate
Subject to Regulation 75C, there must, for the year following the year during which the Act comes into operation and for every calendar year thereafter, be deposited into the account of the Authority, in respect of each registration certificate (excluding a special events registration certificate), the annual fees set out in Part C of Schedule 3 and Part B of Schedule 6 on or before 31 December, annually: Provided that as a transitional measure, the annual fees in respect of Part B of Schedule 6 only applies to 2018/2019.[regulation 75 substituted by section 2 of Provincial Notice 230 of 2010, by section 1 of Provincial Notice 151 of 2011, by section 1 of Provincial Notice 111 of 2012, by section 1 of Provincial Notice 106 of 2013, by section 1 of Provincial Notice 103 of 2014, by section 1 of Provincial Notice 159 of 2015, by section 1 of Provincial Notice 277 of 2016, by section 1 of Provincial Notice 215 of 2017, and by section 1 of Provincial Notice 112 of 2018]75A. Fees payable in respect of the conversion of licences or registration
75B. Renewal certificate
The Authority may issue a renewal certificate substantially in the form of Form FSLA25: Provided that if such certificate is not send to or received by registrants, it does not exempt registrants from their responsibility to pay the renewal fees before or on 31 December, annually.[regulation 75B added by section 3(2) of Provincial Notice 230 of 2010]75C. Transitional provision
Chapter XVII
Commencement of regulations
76. Short title and commencement
These regulations are called the Free State Liquor Regulations, 2010.History of this document
22 April 2022 amendment not yet applied
01 March 2021
27 January 2020
01 March 2019 this version
30 November 2018
17 November 2017
02 December 2016
08 December 2015
21 November 2014
29 November 2013
13 December 2012
21 November 2011
14 December 2010
02 July 2010
Cited documents 3
Legislation 3
1. | Promotion of Access to Information Act, 2000 | 1613 citations |
2. | Competition Act, 1998 | 773 citations |
3. | Free State Gambling and Liquor Act, 2010 | 2 citations |