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KZN Liquor Authority – Liquor Board KZN

KZN Liquor Authority, Liquor Board KZN, Liquor License Consultant Durban KZN April 21, 2020

Liquor Board Durban

KZN Liquor Authority – Liquor Board KZN

Before you Visit the KZN Liquor Authority or Liquor Board KZN to Apply for a Liquor License, you might need the following information:

Q. Do I need a Shop, Store, Building or Business Premises BEFORE I can Apply for a Liquor License?

YES, BEFORE you can apply for a Liquor License you must have your own, lease or rent a Business Premises,  Shop, Store, Building, Premises or Outlet where you can sell the Liquor from. PLEASE NOTE: You CAN NOT APPLY for a Liquor License on Residential Stands (at your house), a room, outside building or garage or any building NOT ZONED by the Local Municipality for the USE OF BUSINESS or SELLING LIQUOR. Before you consider signing a Lease Agreement and or Rental Agreement, Request the ZONING CERTIFICATE of the Premises from the landlord, and go to the Local Municipality (City Planning Division). Request permission or confirmation, in writing (Zoning Information of the Premises), that the Premises, Shop, Store or Outlet CAN or CAN NOT be used for the SELLING LIQUOR. Premises, Shop, Store or Outlet CAN NOT BE CLOSER THAN 500m from a School, Church or Similar Liquor Licensed Outlet. Negotiate BENEFICIAL OCCUPATION or RENTAL RELIEVE, with the landlord or broker. This means that the landlord agrees that you DO NOT PAY RENT for the time the Liquor License takes to be considered or issued, as you will not be able to sell liquor before the Liquor License is APPROVED, so you will not have an income from the time of APPLICATION to APPROVAL.

Liquor Board Durban
Liquor Board Durban

Q. Who may apply for a Liquor License?

Any person who is not disqualified in terms of Section 40 of the KZN Liquor Licensing Act 06 of 2010. In general terms disqualified persons are:

  • A minor
  • Persons committed in terms of the Mental Health Act
  • An un-rehabilitated insolvent
  • Persons who have served a prison sentence without the option of a fine in the preceding ten years (The KZN Liquor Authority may make exception in certain cases
  • Persons convicted of a contravention of the Liquor Act, 1989 within three years immediately before the commencement of this Act
  • Persons convicted in terms of this Act, provided that the person will be disqualified from obtaining a license or permit in the case of:
  • a first offence, for a period of one year
  • a second offence, for a period of two years
  • a third offence, for a period of three years, calculated from the date of the sentence
  • Persons who have had his or her license or permit cancelled in terms of this Act within a period of three years immediately before the lodgement of an application.

Q. Why must a Trader have a License?

  • A license is required for any person, who is selling. Manufacturing or distributing liquor.
  • A person trading without a license is guilty of an offense and the South African Police Services may take steps to close down and confiscate the assets of the business. (refer to Sec 38)
  • A liquor license makes the holder of the license legally responsible as far as protecting the public interest is concerned and protects the general public against concoctions being sold to them.

Q. How long does the Application for a Liquor License take?

  • A fully compliant application may take approximately 112 working days (about 5 months) to be processed from the date of lodgement.

Q. Is there a Temporary License while waiting for a license to be issued?

  • No, a temporary license is not issued. You may not trade in liquor until your license application has been approved, and this has been communicated to you.

Q. Can a license be removed from one premises to another?

  • Yes, an application can be made in terms of Sec 75 of the Liquor Act for the removal of the license to new premises, provided that the prospective premises falls within the same magisterial district as the original license.

Q. What happens if my Liquor outlet is within 500m to Schools or Churches?

  • The Regulations provide for a three year amnesty for those outlets that are in close proximity (500m) from learning institutions and places of worship to relocate to alternative premises by March 2017.
  • The KZNLA is aware of responses from the industry and other affected parties to the legislative framework and we are considering all inputs. This includes submissions from all affected parties, including local communities, places of learning and religious organizations. These will be therefore evaluated and carefully considered in due course.
  • If any legislative changes are deemed necessary then these will be effected.

Q. What happens if a liquor outlet is causing a nuisance to the neighbours or to the community in general?

  • A person can lodge a complaint against the license holder.
  • The complaint must be lodged with the KZNLA using form KZNLA 22 of Annexure V through the Local committee based at the KZNLA District Offices or the SAPS
  • The complainant must provide the information and/or documentation, if any, to support their complaint.

Q. Can a Liquor License be sold or leased to another person?

  • A liquor license cannot be sold or leased, however a liquor trader can apply to the Liquor Authority to transfer the license to another person, who is called the prospective holder, who is not disqualified in terms of Section 40 to be a licensed person.
  • A license holder who wishes to transfer a liquor license to another person must apply by completing Form KZNLA 17A of Annexure Q1.
  • Refer to Section 74 of the Act.

Q. What happens to the Liquor License if the License holder dies?

  • The relevant administrator (example the executor of the Estate, or the lawyer) becomes the license holder from the date of his/her appointment as such administrator and may for the purposes of administration conduct the business to which the license relates.
  • The applicant must apply 30 days after the death of the license holder to the Liquor Authority for the transfer of the liquor license using Form KZNLA 17A of Annexure Q1.
  • The same process as that of a transfer of a license would then apply.
  • Refer to Section 68 of the Act.

Q. Documents Required for Liquor License Application? (DOCUMENTS TO BE SUBMITTED IN A DUPLICATE SET)

  1. A Duly Signed and Completed APPLICATION FORM, on each and every page (in Duplicates)
  2. Proof of Payment of the APPLICATION FEE to the Allocated Reference Number.
  3. An Original or Certified Copy of the Broad Based Black Economic Empowerment Verification Certificate, BBBEE CERTIFICATE, if the applicant is a legal business entity.
  4. An Original or Certified Copy of the BUSINESS OR TRADING LICENSE from Municipality.
  5. A Certified Copy of a Title Deed or LEASE AGREEMENT or Permission to Occupy.
  6. An Original or Certified Copy of WRITTEN CONSENT from the relevant authority for the owner and / or occupier of the premises to trade liquor.
  7. A FLOORPLAN of the Proposed Premises as well as Colour Photographs.
  8. An original or certified copy of a certificate issued by the SAPS valid as at date of lodgement of application for a period in excess of three months from the date of issue by SAPS.
  9. A Valid and Active TAX CLEARANCE CERTIFICATE issued by the South African Revenue Services (SARS) valid for one year from the date of lodgement of the application.
  10. A Detailed SECURITY PLAN.
  11. For Applications relating to methylated spirits, a relevant certificate issued by a relevant municipality or a government department in terms of any law or by-law allowing the applicant to trade in that particular product in a manner contemplated, where applicable.
  12. DECLARE UNDER OATH, or Truly Affirm, at the end of the said form that the information contained herein, is True and Correct.
  14. DESCRIPTION OF PREMISES (Materials, Demarcations, Rooms, Measurements etc.)
  15. An Indication of the TOTAL OCCUPATION CAPACITY of Patrons, Seated and Standing.
  16. CERTIFIED COPY OF ID DOCUMENT or Company Registration Certificate.

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