Northern Cape Liquor Act, 2008
Act 2 of 2008
- Published in Northern Cape Provincial Gazette 1290 on 18 March 2009
- Commenced on 1 April 2010 by Northern Cape Liquor Act, 2008: Commencement
- [This is the version of this document from 6 August 2013 and includes any amendments published up to 1 May 2023.]
- [Amended by Northern Cape Liquor Amendment Act, 2010 (Act 2 of 2010) on 21 September 2010]
- [Amended by Northern Cape Liquor Amendment Act, 2011 (Act 3 of 2011) on 30 September 2011]
- [Amended by Northern Cape General Laws Amendment Act, 2013 (Act 1 of 2013) on 6 August 2013]
Definitions, objects and application of the Act
1. DefinitionsIn this Act, unless the context indicates otherwise,-“beer” includes—(a)ale, cider and stout; and(b)any other fermented drink, other than sorghum beer—(i)that is manufactured as or sold under the name of beer, ale, cider; or(ii)that is declared to be “beer” under section 42(2)(a) of the National Liquor Act;“Board” means the Provincial Liquor Board established in terms of section 6;“chairperson” means the chairperson of the Board appointed in terms of section 7(3);“chief executive officer” means the chief executive officer of the Board appointed in terms of section 12;“closed day” means—(a)Sunday;(b)Good Friday; and(c)Christmas Day;“concoction” means any fermented drink used as a substitute for liquor, which is unsafe for human consumption;“designated police officer” means a police officer designated as such under section 37;“Head of Department” means the Head of the Department responsible for liquor matters in the Northern Cape Provincial Government;“inspection” includes inspection of any licensed premises during the hours the licensee is permitted by this Act to sell liquor on the premises;“inspector” means a person designated as such in terms of section 42(1);“license” means a license issued in terms of section 29(1);“licensed premises” means premises licensed in terms of this Act;“licensee” includes a juristic person;“liquor” means—(a)“liquor product” as defined in section 1 of the Liquor Products Act, 1989 (Act No. 60 of 1989);(b)beer or sorghum beer;(c)any other substance or drink declared to be “liquor” under section 42(2)(a) of the National Liquor Act; or(d)any other beverage containing more than 2% alcohol by volume or weight;“methylated spirits” means spirits denatured in accordance with any law on the denaturation or methylation of spirits or any other denatured, medicated, perfumed or otherwise treated spirit declared to be “methylated spirit” under any other law;“micro-manufacturer” means a person licensed in terms of this Act to manufacture liquor at or below the threshold volume prescribed in terms of the National Liquor Act;“minor” means a person under the age of 18 years;“municipality” means a municipality contemplated in section 8, 9 or 10 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"National Liquor Act” means the Liquor Act, 2003 (Act No. 59 of 2003) including regulations made under that Act;“organ of state” means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;“police officer” means a member of the police service;“police service” means the national police service contemplated in section 205 of the Constitution of the Republic of South Africa, 1996;“Premier” means the Premier of the Northern Cape Province elected in terms of section 128 of the Constitution of the Republic of South Africa, 1996;“premises” includes any place, land, building or conveyance or any part thereof;“prescribed” means prescribed by regulations published in the Provincial Gazette;“Province” means the Province of the Northern Cape established by section 103(1) of the Constitution of the Republic of South Africa, 1996;“provincial commissioner” means the person appointed in terms of section 207(3) of the Constitution of the Republic of South Africa, 1996, as the provincial commissioner of police for the Northern Cape Province;“Public Finance Management Act” means the Public Finance Management Act, 1999 (Act No. 1 of 1999);“public holiday” means a public holiday contemplated in the Public Holidays Act, 1994 (Act No. 36 of 1994);“responsible Member” means the Member of the Executive Council of the Northern Cape Province responsible for liquor matters;“sell” includes exchange, offer, display, deliver, supply, dispose of for sale or authorize, direct or allow a sale;“sorghum beer” means a fermented drink manufactured from grain sorghum, millet or grain and includes “traditional African beer” as defined in section 1(1) of the National Liquor Act;“South African citizen” means a South African citizen in terms of the South African Citizenship Act, 1995 (Act No. 88 of 1995);“spouse” means a person’s—(a)partner in a marriage or civil union;(b)partner in a customary union according to indigenous law; or(c)partner in a relationship in which the parties live together in a manner resembling a marital partnership or customary union;“supply” with regard to any liquor or methylated spirits means to place a person in possession or control of that liquor or methylated spirits, respectively; and“this Act” includes any regulation made, notice given or license issued in terms of this Act.
2. Objects of the ActThe objects of this Act are to regulate the liquor industry in the Province, promote responsible consumption of liquor and reduce the socio-economic problems emanating from abuse of alcohol and related matters by—
3. Application of the ActThis Act provides for the regulation of the retail sale of liquor and methylated spirits, micro-manufacturing of liquor and methylated spirits and prohibits the brewing of concoctions within the Province.
Provincial Liquor Board
6. Establishment of the Provincial Liquor BoardThere is hereby established a juristic person to be known as the Provincial Liquor Board
7. Constitution of the Board
8. Powers and functions of the BoardThe Board may—
9. Disqualification from being appointed to the Board
10. Term of office and remuneration of members of the Board
11. Removal from office
12. Personnel and administration of the Board
13. Meetings and minutes of the Board
14. Accounting responsibilitiesThe accounting responsibilities of the Board must be handled as provided for in the Public Finance Management Act.
15. Quarterly report
16. Kinds of licenses
17. Hours of business
18. Occasional liquor licenses
21. Disqualification to apply for licensesNo person may apply for a license in terms of this Act, if that person—
22. Consideration of applications and fees[heading substituted by section 3(a) of Act 2 of 2010]
23. Nature of premisesWhere groceries and other merchandise, as well as liquor other than table wine are sold in premises under one roof, the two activities must be completely separated from each other by a solid wall in which there is no door, window or other opening and the liquor section must have its own separate entrance, as well as a separate payment point.
24. Structural alterations
25. Notices to appear
27. Response to objections
29. License certification
30. Transfer of license to other persons
31. Transfer of license to other premises
32. Issuing of duplicate licensesThe Board may, upon an application by a licensee on the prescribed form and upon the payment of the prescribed fee and after obtaining a report by the designated police officer, issue a duplicate of a license by issuing another of the same kind in respect of the premises concerned.
34. Reasons for decisions of the Board and appeals
35. Death, insolvency or incapability of a licensee
37. Designation of police officers for certain purposesThe provincial commissioner may, from time to time, designate any police officer to perform the functions of a designated police officer in terms of this Act.
38. Report on applicationsA designated police officer must, in respect of every prescribed application made in terms of this Act,-
39. Reports on certain holders and premises
40. Investigation by police officerWhen investigating an offence in terms of this Act, a police officer is vested with the powers regarding—
41. Accessibility of licensed premisesA licensee or his or her agent or employee may-
42. Designation of inspectors
43. Powers and duties of inspectors
44. Entry with a warrant
45. Duty to produce documents, answer questions and assist inspectors
Offences and penalties
46. Offences in generalIt is an offence—
47. Offences regarding liquor trade
48. Penalties and forfeiture
49. Vicarious liabilityThe licensee shall be vicariously liable for the actions of the manager, agent or employee of the licensee, when carrying out the business of the licensee.
50. Storing of liquor
53. LiabilityThe Northern Cape Provincial Government, any organ of state, the Board or any other person appointed in terms of this Act, for its administration and implementation, shall be liable for any loss or damages resulting from the execution of this Act, as determined in accordance with the provisions of the State Liability Act, 1957 (Act No. 20 of 1957).
54. Transitional arrangementsAny application for the issuing of a license made before the commencement of this Act, is to be disposed of in terms of the Liquor Act, 1989 (Act No. 27 of 1989), as if that Act is still applicable, but—
55. Conversion of existing licenses
56. Liquor policy
57. Supply of liquor free of charge solely for the purpose of tasting
58. Controlling interests
59. Secondment of officersThe Head of Department may, for a period not exceeding 12 months after the coming into operation of this Act, in consultation with the responsible Member, second officers on the establishment of his or her department to the Board.
61. Short title and commencement
History of this document
06 August 2013 this version
01 April 2010
Commenced by Northern Cape Liquor Act, 2008: Commencement
|Regulations Regarding the Chief Executive Officer, 2019||General Notice 555 of 2019|