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KwaZulu-Natal Liquor Licensing Act, 2010
KwaZulu-Natal Liquor Licensing Regulations, 2013
Provincial Notice 45 of 2014
- Published in KwaZulu-Natal Provincial Gazette 1081 on 13 February 2014
- Assented to on 28 January 2014
- Commenced on 13 February 2014
- [This is the version of this document from 13 February 2014 and includes any amendments published up to 31 January 2025.]
Part 1 – Introductory provisions
1. Definitions
In these Regulations, “the Act” means the KwaZulu-Natal Liquor Licensing Act, 2010 (Act No. 6 of 2010), and any word or expression to which a meaning is assigned in the Act bears the meaning so assigned to it and, unless the context otherwise indicates-“applicant” means any person who applies in writing to the Liquor Authority in terms of the Act;“application” means any application lodged with the Liquor Authority, which meets all the requirements as set out in the Act;“Code of Conduct” means the Code of Conduct of members and staff of the Liquor Authority referred to in Part VII of these regulations;“guidelines” means a policy- or procedural manual developed by the Liquor Authority subject to amendments from time to time when necessary to-(a)assist the Liquor Authority in carrying out its mandate;(b)guide an applicant in the application process in terms of these regulations;(c)guide the licensed traders in terms of compliance with the Act;(d)guide a local committee in its operation and functions to execute its mandate;(e)regulate the management of complaints by the Liquor Authority;(f)regulate any other matter, where necessary, for the implementation of the Act; and(g)guide any other party in terms of compliance with the Act;“member” means a member of the Liquor Authority appointed in terms of section 8(1)(a) of the Act and a member of the local committee appointed in terms of section 32(1) of the Act;“person” means a natural or juristic person;“public facilities” means public buildings, structures or land developed for the use of the public within an urban or peri-urban area;“regulations” includes all the annexures;“SAPS” means the South African Police Service; and“substituted service” means service of documents or notices by e-mail or publication in a newspaper circulating in an area where an individual or a number of individuals, having a direct or indirect interest in the matter, reside/s.Part II – Application for liquor licence in terms of section 41 of Act
2. Lodging of application with Liquor Authority for liquor licence in respect of licence categories listed under sections 39 and 41 of Act
3. Form of application to Liquor Authority for liquor licence in respect of licence categories listed under sections 39 and 41 of Act
4. Procedure upon receipt of application to Liquor Authority in respect of licence categories listed under section 41 of Act
Where the application for a licence lodged in terms of regulation 2 is incomplete, the Chief Executive Officer must, within 14 days after receipt of such an application, issue a notice, in Form KZNLA 2 of Annexure C, to the applicant to complete the application.5. Procedure to be followed by applicant upon receipt of written notice from local committee in terms of section 42(1)(b) of Act
6. Procedure in relation to objections or representations in terms of section 43 of Act
7. Submission of inspection report in terms of sections 45(2) and 56(3) of Act
An inspector, appointed in terms of section 81(1)(a) of the Act, must conduct an inspection and submit a report in terms of section 45(2) or 82(1) of the Act in Form KZNLA 5A or KZNLA 5B respectively of Annexure F1 and Annexure F2.8. Procedure for applicant’s response to objections or representations in terms of section 43(4) of Act
An applicant may, not later than seven days after receipt of an objection or representation in terms of section 43(4) of the Act, or an inspection report, submit, in triplicate, his or her written response to the local committee.9. Objection hearings by local committee in terms of section 47(1) of Act
10. Procedure to be followed by Liquor Authority in terms of section 48 of Act
11. Licence certificate upon granting of licence
12. Inspections
Where the secretary of a local committee has, in terms of section 45(1) of the Act, directed an inspector, appointed in terms of section 81(1)(a) of the Act, to carry out an inspection, he or she must do so and submit a report to the local committee by completing Form KZNLA 5A of Annexure F1 within 14 days after conducting such an inspection.13. Conditional approvals in terms of section 49 of Act
14. Special conditions for grocer’s premises in terms of section 50(3) of Act
15. Communication of decision in terms of section 51(1) of Act
Part III – Applications for special events permits in terms of section 52(1)(a) and (b) of Act
16. Procedure for lodging of application for special events permits in terms of section 52(1)(a) and (b) of Act
17. Application for special events permit in terms of section 52(3) of Act
18. Objections or representations in respect of application for special events permit in terms of section 53(1)(a) of Act
Part IV – Applications to engage in micro-manufacturing of liquor in terms of section 55(1) of Act
19. Application procedure for micro-manufacturing of liquor in terms of section 55(1) of Act
20. Inspections in respect of application to engage in micro-manufacturing of liquor in terms of section 56(3) of Act
In terms of section 56(3) of the Act, the inspector must conduct the inspection and submit a report to the Liquor Authority using Form KZNLA 5A of Annexure F1.21. Conditional approvals in respect of application to engage in micro-manufacturing of liquor in terms of section 58 of Act
22. Prohibition of micro-manufacturing of unhealthy concoctions in terms of section 92 of Act
A holder of a licence under the category micro-manufacturing of liquor may not manufacture liquor other than that approved by the relevant government department and in compliance with the Liquor Products Act, 1989 (Act No. 60 of 1989), as amended.23. Form of appeals against decisions of liquor authority in terms of section 61(1) of Act
Where a person affected by a decision taken by the Liquor Authority wishes to appeal against the decision as contemplated in section 61(1) of the Act, such person must lodge a notice of intention to appeal, using Form KZNLA 14 of Annexure N.24. Notice of licence certificate or permit in terms of section 62(1) of Act
Where a licence or permit has been granted by the Liquor Authority, the Chief Executive Officer must, after having received payment of the prescribed licence or permit fee contemplated in Annexure B, issue a licence certificate or permit in the applicant’s name using Form KZNLA 9 of Annexure I.25. Annual fees in terms of section 64 of Act
26. Cancellation of licence due to non-trading in terms of section 66(1) of Act
27. Death or incapacity of certain licensed persons or applicants who are holders of conditional grant or prospective holders or permit holders in terms of section 68 of Act
28. Acquisition of financial interest in terms of section 69(1) of Act
29. Alteration of licensed premises or nature of business in terms of section 72 of Act
30. Storage of liquor in terms of section 73 of Act
Part V – Transfer of licence to prospective holder in terms of section 74 of Act
31. Procedure for transfer of licence to prospective holder in terms of section 74 of Act
32. Procedure relating to incomplete application for transfer of liquor licence to prospective holder in terms of section 74 of Act
33. Procedure upon granting of application in respect of transfer of liquor licence to prospective holder in terms of section 74 of Act
Part VI – Removal of licence from licensed premises to other premises in terms of section 75 of Act
34. Procedure for removal of licence from licensed premises to other premises in terms of section 75 of Act
35. Form of application to Liquor Authority for liquor licence in respect of removal of licence from licensed premises to other premises in terms of section 75 of Act
36. Procedure upon receipt of application to Liquor Authority for liquor licence in respect of removal of licence from licensed premises to other premises in terms of section 75 of Act
37. Notice of application to local committee for liquor licence in respect of removal of licence from licensed premises to other premises in terms of section 75 of Act
38. Objections or representations in respect of application for removal of licence from licensed premises to other premises in terms of section 75 of Act
39. Filing of inspection report in respect of application for removal of licence from licensed premises to other premises in terms of section 75 of Act
Not later than 14 days after the secretary of the local committee has examined the application in terms of section 44(1) of the Act, an inspector, appointed in terms of section 81(1)(a) of the Act, must conduct an inspection and submit a report using Form KZNLA 5A of Annexure F1.40. Applicant’s reply in respect of application for transfer of licence from licensed premises to other premises in terms of section 74 of Act
An applicant must, not later than seven days after receipt of an objection or representation in terms of section 43(1) of the Act or an inspection report, submit, in duplicate, his or her written response to the local committee.41. Objection hearings in respect of application for removal of licence from licensed premises to other premises in terms of section 75 of Act
42. Forwarding of documents to liquor authority in respect of application for transfer of liquor licence to prospective holder in terms of section 75 of Act
Within 14 days after consideration of the application for a licence, a local committee must submit to the Liquor Authority-43. Procedure upon granting of application for removal of liquor licence from licensed premises to other premises in terms of section 75 of Act
44. Appointment of manager of licensed premises (section 77 of Act)
45. Tariffs to be paid to witnesses by Liquor Authority on appeal or review proceedings in terms of section 99 of Act
The Liquor Authority must pay tariffs or allowances payable to witnesses in appeal proceedings in accordance with the Magistrate Courts Act, 1944 (Act No. 32 of 1944), and tariff allowances payable to witnesses in civil cases in terms of the relevant provisions of the Supreme Court Act, 1959 (Act No. 59 of 1959).46. Procedure for submitting complaint with liquor authority (section 99(1)(o) of Act)
47. Application for temporary amnesty registration (section 99 of Act)
Part VII – Code of Conduct for members of Liquor Authority
48. General Conduct of members of Liquor Authority in terms of section 99(1)(t) of Act
A member of the Liquor Authority must-49. Rewards, gifts and favours
A member of the Liquor Authority may not request, solicit or accept any reward, gift or favour for-50. Unauthorised disclosure of information
51. Intervention in administration
A member of the Liquor Authority may not, except as provided by law-52. Duty of chairperson of Liquor Authority
53. Breach of Code of Conduct
Part VIII – General provisions
54. Appointment of inspectors in terms of section 81(1) of Act
Each inspector appointed by the responsible Member of the Executive Council in terms of section 81 of the Act is provided with a certificate in Form KZNLA 6 of Annexure G.55. Short title
These Regulations are called the KwaZulu-Natal Liquor Licensing Regulations, 2013.History of this document
13 February 2014 this version
28 January 2014
Assented to
Cited documents 8
Act 8
1. | Criminal Procedure Act, 1977 | 3992 citations |
2. | Magistrates' Courts Act, 1944 | 2827 citations |
3. | Supreme Court Act, 1959 | 1448 citations |
4. | Firearms Control Act, 2000 | 473 citations |
5. | Mental Health Care Act, 2002 | 368 citations |
6. | Liquor Products Act, 1989 | 306 citations |
7. | Co-operatives Act, 1981 | 14 citations |
8. | KwaZulu-Natal Liquor Licensing Act, 2010 | 2 citations |