Third time lucky! Liquor Amendment Bill out for public comment

The Western Cape Liquor Amendment Bill was published for comment on the 16th of October 2009.

This is the next step in the Provincial Government's plan to put in place legislation that will address both the problem of the liquor trade in the Province being largely unregulated, and the scourge of alcohol abuse that continues to exact a terrible toll on our economy and the inhabitants of the Province.

The Amendment Bill addresses some concerns that were raised by the national Minister of Trade and Industry, the SAPS and the City of Cape Town with regard to the Act. These concerns, in a nutshell, relate to the following:

(a) The national Minister would not agree to promulgation of the Act until the provision that would allow a special event liquor licence to be granted to a school was removed. This has been done.

(b) The SAPS was of the view that the licence application process had to amended so that applications must be lodged with the designated liquor officer at the time it is lodged with the Liquor Board. This amendment was effected, since it would speed up the application process, reducing the time applicants will have to wait to get an outcome.

(c) The City of Cape Town’s insisted that the determination of trading times fell within its competence. This has also been included in the Amendment Bill.

In addition to these, a number of other amendments are proposed. These relate mainly to name changes (the Board becomes the Western Cape Liquor Authority, and the Board now refers to the governing body of the Authority). Although the majority of the sections of the Act are affected by the Amendment Bill, most of the changes relate to these name changes.

Lastly, a number of corrections to cross-references were made.

The Amendment Bill does not, in any way, affect this government’s approach to liquor regulation:


· We are still determined to ensure that liquor establishments will, under this legislation, not be allowed to operate within residential areas.

· We will still take whatever is necessary to ensure that communities are:

- better informed of new licence applications
- given a platform to make their objections known;
- given the tolls, ensure that operators who fail to adhere to licence conditions and the law are dealt with quickly, efficiently and, where circumstances so demand, severely.

· Furthermore, we will still seek to ensure that the police and other law enforcement agencies, including the Liquor Authority’s Inspectorate, are given the powers and tools to manage, and if need be, close liquor establishments in the Province.

The approach taken in/by the Act with regard to addressing the social ills caused by the industry remains the same – the government is unwavering in its commitment to ensure that the industry acknowledges the harm caused by the product it sells, and commit funds and other resources to curb and contain those negatives; that consumers and the general public become more knowledgeable on issues of liquor abuse, irresponsible trading and responsible consumption, and options available to them to intervene. In the words of the current awareness campaign by this and other liquor authorities around the country: “Liquor regulation is everybody’s business”, not only those who trade in and consume the product.

Minister Winde issues warning to liquor traders: “The Government of the Western Cape will support responsible traders, but will nail rule breakers"

Minister of Finance, Economic Development and Tourism, Alan Winde, has embarked on a Province-wide blitz to ensure that night clubs and liquor outlets are sticking to the rules.

Last Friday (28^th August 2009), MEC Winde came to the rescue of dozens of homeowners in Oudtshoorn when he dropped in at Lev Cupid Sports Bar after midnight and confronted the management for operating outside of their licence hours. Minister Winde enraged the manager when he insisted that his sound system be turned off immediately. Police were on stand-by to provide assistance should it have been required.

Residents of the area, many of whom are teachers and school children, complained that they were suffering from ill-sleep because of the club’s habit of playing loud music into the early hours of the morning. One concerned mother informed the Minister that she had sent her daughter to her grandmother’s house during exam times because sleep-deprivation was affecting her ability to study.

While Minister Winde and the Provincial Government support operators who stick to the rules, irresponsible traders will no longer be tolerated. He emphasized that his focus will be on shutting down clubs in residential areas that he found to be in contravention of the law. Over the coming months, MEC Winde will be performing random late night raids on clubs that appear suspicious. Infringements include selling alcohol, and playing unacceptably loud music after midnight without licence to do so.