The legislation makes provition for the Mpumalanga Liquor Authority Board who exercises control over the Mpumalanga Liquor Authority which is an independent legal entity in terms of the legislation. The Mpumalanga Liquor Authority Board is referred to as the Board and it is responsible for the administration of the act. The Board must appoint a Chief Executive Officer as the head of the administration and it can delegate almost all its powers to either the CEO, the chairperson of the Board or committees established in terms of the legislation.
Since 1 September 2014 liquor licensing in Mpumalanga is governed by Act 5 of 2006 and the regulations thereunder. The legislation differs greatly from other provincial legislation on the subject and can be described as the most progressive of all.
The legislation also provides for an internal appeal process in terms whereof one can appeal to the MEC, which simply means that one cannot “test” a decision of the Board in court before it was brought before and decided by the MEC on appeal or review.
The act provides for the transfer of licences from one name to another, but not for the removal of a licence from one address to another. In the latter case one will have to bring a new “replacing” application to “relocate” licensed premises to a new address. Liquor License Application Mpumalanga – MP.
1. TYPES OF REGISTRATIONS: One can apply for the following types of licences: SECTION 33
1.1 On-Consumption
1.2 Off-Consumption
1.3 On- and Off-Consumption
1.4 Special registration
1.5 Special registration for Special Occasion
1.6 Manufacturer’s registration
2. DISQUALIFICATIONS – SECTION 34: The following are disqualifications for registration:
2.1 Not 18 when application is lodged;
2.2 Declared mentally unfit;
2.3 Contravention of Act or other legislation.
3. PROCEDURE – SECTION 35: The procedure starts with advertising and notices before the application itself is lodged.
3.1 The prescribed form for the comments of the Local Authority must be prepared and lodged with the Local Authority;
3.2 The prescribed advertisement must be placed in Provincial Gazette and one newspaper;
3.3 After comments were received, especially from Municipality and Traditional Councils, and objectors, the application must be compiled in accordance with the regulations and it must be lodged with the Liquor Authority;
3.4 The application must be prepared in the prescribed form;
3.5 Contain copies of the advertisements and the reactions in respect thereof. This means that the two notices, Gazette and local newspaper on the one hand, and to Local Authority on the other hand, must be served and reaction thereto must be obtained before the rest of the application can be compiled;
3.6 The application must be lodged together with proof of payment of the prescribed application fee and the Liquor Authority must consider the application within sixty days [SECTION 35(3) and 35(4)];
3.7 The Liquor Authority can approve an application (no time period for the consideration is prescribed) if it complies with the above and:
(a) The applicant is not disqualified – SEC 34;
(b) The prescribed application fee has been paid;
(c) The applicant is suitable to be issued with a licence;
(d) The Local Authority supports the application;
(e) The application is in the public interest with due consideration to:
(i) Proximity of educational institutions;
(ii) Public roads;
(iii) Religious institutions;
(f) If the application does not comply with the above or if objections were lodged, the Liquor Authority must notify the applicant within 30 days and give the applicant 30 days to comply with the requirements and/or to respond to the objections (the 30 day period for response can be extended on good cause shown by the applicant);
(g) If the Authority is satisfied that the applicant has duly responded and complied with the defects and has fully replied to objections (no time period specified) the Liquor Authority must re-consider the application;
(h) If the Liquor Authority, having granted an application on false information, but before the registration is issued, it can notify the applicant of the cancellation of the approval.
4. PROCESS PRESCRIBED BY REGULATIONS IN RESPECT OF APPLICATION FOR NEW LICENCE
4.1 The application must be done in the form of Form 1 and contain all the documents specified therein, inclusive of proof of payment of the application fee;
4.2 The application must be accompanied by the comments of the Local Authority in the form and as is set out in Annexure 3 of the annexures;
4.3 Remember that, in addition to the prescribed fee, an applicant can also be held liable for all costs in connection with the processing and consideration of the application;
4.4 In terms of Form 1, the information and documentation necessary to complete and to accompany Form 1, are as follows:
(a) The name and ID number of the applicant and/or signatory, as well as residential address;
(b) Trading name;
(c) Type of licence applied for (all the licences are specified in the form and the correct one must be marked.)
(d) Business address, within the Republic and within Mpumalanga (It is recommended always to give the address of the new premises);
5. Postal address;
6. DECLARATION
6.1 Next is the declaration and it is recommended that it should be extended it to say just before signature that none of the shareholders or partners or members or main beneficiaries of a trust is disqualified in terms of SECTION 34(2).
6.2 The following documents must be attached:
(a) Comments from the Local Authority;
(b) Sketch Plan of the premises to be licensed;
(c) Copy of advertisements;
(d) Comments received;
6.3 Certified copy of applicant’s ID document (in the case of a non-natural person, attach certified copies of the relevant company/CC or other documents
7. The prescribed application form does not require a description of the premises, neither a motivation. It is recommended to prepare a motivation, including a section on the description of the premises.
The following offences are specified in the act:
59 Offences in general
(1) Any person who-
(a) sells any liquor or micro-manufactures liquor otherwise than under a licence issued in terms of this Act;
(b) is violent, drunk or disorderly on any premises on which liquor may by virtue of this Act be sold;
(c) is drunk in or on or near-
(i) any road, street, lane, thoroughfare, square, park or market;
(ii) any shop, warehouse or public garage; or
(iii) any place of entertainment. cafe. eating-house or race-course or any other premises or place to which the public has or is granted access, irrespective of whether access is granted against payment or is restricted to any category of persons or not;
(d) subject to subsection (2), consumes any liquor in any road, street, lane or thoroughfare, or on vacant land adjacent thereto. in an urban area or other area subdivided into erven or plots with streets bounded by such erven or plots;
(e) consumes or possesses any liquor on any private premises without the consent of the owner or lawful occupier of those premises first having been obtained;
(f) introduces, possesses or consumes any liquor on a sportsground or any part thereof, to which the public has or is granted access to, irrespective of whether access is granted against payment or is restricted to any category of persons or not, except-
(i) on any licenced premises situated on the sportsground concerned; or
(ii) in so far as a declaration under subsection (4) applies thereto;
(g) being a person who owns a sportsground in respect of which a declaration under subsection (4) applies or who lawfully occupies such a sportsground, refuses or fails to comply with any condition to which that declaration is subject;
(h) falsely represents himself or herself or any other person to belong or not to belong to a category of persons in order to persuade the holder of a licence, or his or her agent or employee, to sell or supply liquor to him or to her or that other person which may by virtue of this Act not be sold or supplied to a person who does not belong or belongs to that category;
(i) being the holder of a licence or the manager or agent of such a holder or person, on receipt of an order given under section 54(1)(h) refuses or fails to comply forthwith with such order;
(j) supplies liquor to a person in his or her employ as wages or remuneration or as a supplement therefor; or
(k) contravenes any provision of this Act,
shall be guilty of an offence.
(2) Subsection (1)(d) shall not apply with regard to-
(a) the consumption of liquor on vacant land contemplated in that subsection if the liquor has been sold on that land under an on consumption licence;
(b) a social occasion held on that land by a person who owns or lawfully occupies the land; or
(c) the use of that land by that person in the ordinary course of his or her occupation thereof.
(3) In the application of subsection (1)(e), any person occupying the premises concerned as an employee of the owner or lawful occupier of the land on which those premises are situated, shall be deemed not to be the lawful occupier of the premises.
(4) The Authority may, on application by a person who owns or lawfully occupies a sportsground and subject to such conditions set out in the declaration as the Municipality concerned may recommend, declare that subsection (1)(f) shall not apply in respect of the sportsground concerned or any part thereof for the purposes of a particular occasion. 60 Offences regarding information
Any person who-
(a) in connection with any application, objection, representations, reply to any objection or representations or complaint in terms of this Act, submits or provides any information which he or she knows to be false or misleading or does not know whether it is true, or submits or provides any false document or document which purports to be but is not a true copy of an original document; or
(b) refuses or fails to comply with any request made in terms of this Act, or on such a request furnishes any information which is false or misleading, knowing it to be false or misleading,
shall be guilty of an offence.
61 Offences regarding meetings of Authority
Any person who-
(a) having been summonsed in terms of section 51 to appear-
(i) fails so to appear on the date and at the time and place set out in the summons; or
(ii) without permission of the chairperson of such meeting, fails to remain in attendance at such meeting until the conclusion thereof;
(b) having been called upon by the chairperson concerned to give evidence shall answer every question truthfully and to the best of his or her ability: Provided that any such answer shall not be used or admitted in criminal proceedings against such person, except in proceedings against such person on a charge relating to-
(i) the administration or taking of an oath;
(ii) the making of false statements; or
(iii) the failure to answer a lawful question fully and satisfactorily;
and any person failing to answer every question put to him or her truthfully and to the best of his or her ability;
(c) having in terms of section 51 been ordered by the chairperson concerned to produce any document or any other thing which is in his or her possession or custody or under his or her control, refuses or fails to comply with the order;
(d) having in terms of section 51 been required by the chairperson concerned to give evidence under oath or after the making of an affirmation, refuses to take the oath or make the affirmation;
(e) wilfully interrupts the proceedings at any meeting of the Authority, Board or committee thereof, or wilfully hinders or obstructs any such member thereof in the performance of his or her functions at such meeting, shall be guilty of an offence.
62 Offences regarding inspectors
Any person who –
(a) falsely holds himself or herself out to be an inspector;
(b) refuses or fails to answer to the best of his or her knowledge any relevant question which an inspector has in the exercise and performance of his or her powers and functions put to him or her;
(c) makes a statement to an inspector which is false or misleading in any material respect, knowing it to be false or misleading;
(d) refuses or fails to comply to the best of his or her ability with any lawful demand, order or requirement of an inspector;
(e) hinders or obstructs an inspector in the exercise of his or her powers; or
(f) refuses or fails to comply with a demand contemplated in section 56, or on such a demand furnishes any name or address which is false or misleading, knowing it to be false or misleading, shall be guilty of an offence.
63 Offences regarding licences
Any person who enters into, or is a party to any agreement which seeks to either limit or extend the scope and extent of a licence issued in terms of this Act, or any of the requirements, terms and conditions pertaining to such licence, shall be guilty of an offense.
64 Offences by holders of on consumption licences
The holder of any on consumption licence who-
(a) allows drunkenness or licentious conduct on the licenced premises;
(b) allows the licensed premises to be used as a brothel;
(c) allows any person to perform an offensive, indecent or obscene act, shall be guilty of an offense.
65 Offenses by holders of off consumption licenses
The holder of an off consumption license who opens or allows to be opened on the licensed premises any receptacle containing liquor sold by him or her or who allows the consumption of liquor on such licensed premises, shall be guilty of an offense.
66 Anderson Street
Nelspruit
1200
Private Bag X 11215
Nelspruit
1200
Tel: +27 (13) 752 3729
