The Station Commander and DLO/DPO, SAPS, Camps Bay
For Attention: Capt. Isaacs and WO Myburgh
Dear Capt. Isaacs & WO Myburgh
LIQUOR LICENCE APPLICATION : 17 THE MEADWAY, CAMPS BAY
Your e-mail correspondence of 20 May 2013, which was supplementary to your e-mail of 08 May instant, refers.
You state that the applicant does not intend selling liquor from the premises at 17 The Meadway, Camps Bay but will rather be selling on-line, from a remote producer/storage to a prospective customer. This immediately raises the question as to whether it is the applicant or the premises, or both that need to be registered in terms of the Act.
However, it is common cause that liquor may not be sold from residential premises and, as such, this application is fatally flawed. However, the CBRRA will comment further on this application with specific reference to the Western Cape Liquor Act, 4 of 2008 as amended:
Licences
32. (1) A person may not micro-manufacture or sell liquor unless authorised to do so in terms of a licence issued in terms of this Act, the Liquor Act or the Liquor Act, 1989 (Act 27 of1989).
Such licence includes for
(a)
…….
(b)
……….
(c) a licence for the sale of liquor for consumption off the premises where the
liquor is sold;
(d) …….
(e) ……..
Of the five different categories, there is only one, (c) above, that is exclusively for an off-consumption operation. Clearly, the applicant is not applying for such a licence as he/she has confirmed that no liquor will be sold from the premises at 17 The Meadway.
34. The Liquor Licensing Tribunal may not grant a licence, unless it is satisfied on a
balance of probabilities that—
(a)
the granting thereof is in the public interest;
The CBRRA, the CPF, the Neighbourhood Watch and its affiliates, all local schools and churches and the community as a whole are all vehemently opposed to the granting of off-consumption liquor licences. This in itself, in terms of the Act, requires that the Liquor Licensing Tribunal refuses this application.
36. (1) An application for a licence of a category referred to in section 33 must be made to the Board by submitting on or before the prescribed date to the Board and the designated liquor officer in whose area of jurisdiction the proposed licensed premises are located—
(a) the prescribed application form properly completed;
(b) a zoning certificate or a copy of a planning application submitted to the
municipality concerned in terms of applicable planning legislation;
In terms of the new Cape Town Zoning Scheme (CTZS), there is no provision for the sale of liquor from a property zoned as SR1 (single residential zone) or GR 1 - 6 (general residential zones), either as a primary right or an additional right. Therefore, this applicant cannot have a deemed zoning certificate that complies with the abovementioned legislation. On this basis alone, the application must fail.
54. (1) …..
(4) A licensee or a manager, as the case may be, may not allow a person
under the age of eighteen (18) years to be in a part of a licensed premise which such a person may not be in terms of this Act or in terms of a condition of the licence.
Clearly, this condition precludes the running of a licensed liquor outlet from a residential house, as it would be impossible for the Authorities to enforce the conditions where children under the age of 18 years have unfettered access to such residential premises.
Place of sale
58. (1) A licensee may not sell or supply liquor from any place other than the licensed premises.
(2) Notwithstanding the provisions of this section, a licensee may advertise the sale of liquor and solicit and receive orders for the purchase of liquor elsewhere than on the licensed premises.
This provision (2) most closely represents this application under consideration. However, it clearly indicates that the premises at 17 The Meadway should not be part of any liquor licence application. The correct reading of the Act is that the applicant must apply for a licence to sell liquor but the licensed premises must be either where the liquor is stored or any retail centre where the customer collects the liquor. It cannot be where applicant conducts such on-line business, especially by applicant’s own account on the application.
If the applicant now wishes to amend the application to include for sale/storage of liquor on the premises at 17 The Meadway, Camps Bay, then such application must re-advertised and this will be strenuously opposed by the entire community, which shall rely on the provisions of s34(a), s36(1)(b) and s54(1)(4) of the Act.
CBRRA trusts that it has the support of SAPS, Camps Bay in this matter.
Kind regards
CHRIS WILLEMSE
CHAIRPERSON
