General

• A valid liquor license is required to trade legally in liquor or to manufacture liquor in South Africa;

• A valid license is necessitated to supply liquor even if it forms part of an inclusive package deal, e.g. for persons visiting one of the many lodges in South Africa. The term “supply” means to place a person in control of liquor for his / her own consumption;

• We advise and assist with applications in terms of the National Liquor Act as well as in terms of the different Provincial Liquor Acts;

• We handle liquor license matters throughout the whole of South Africa.

 

Applicable legislation

• The National Liquor Act regulates manufacturing above a certain threshold as well as the distribution (=wholesale) of liquor;

• The Act is administered by the National Liquor Authority in Pretoria;

• The threshold volumes that necessitate registration with the NLA are as follows:

  •   Beer:  100 million liters per year;

  • Traditional African Beer:  50 million liters per year;

  • Wine:  4 million liters per year;

  • Spirits and other liquor:  2 million liters per year;

• Licenses for the retail selling an supplying as well as micro-manufacturing of liquor is a Provincial competency and is a regulated by means of nine Provincial Liquor Acts.

 

Different kinds of liquor licenses

• NLA Manufacturer’s Registration (when liquor above the listed thresholds is manufactured);

• NLA Distribution Registration (this registration is required to sell and supply liquor to existing retail liquor license holders. No liquor may be sold to a member of the public);

• Retail license for off-consumption (this license is required to sell liquor for take away purposes to members of the public. The license may not be used to sell liquor in any volume to anyone for resale purposes);

• Retail license for on-consumption (this license necessitates supplying of liquor to be consumed on the licensed premises);

• Micro-manufacturing of liquor (below the NLA threshold volumes).

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New liquor license application

• Different requirements must be complied with to apply for a registration from the National Liquor Authority or a retail license from the Provincial Liquor Boards;

• Different tariffs also apply for applications for a new liquor license. 

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Transfer of liquor licenses to another person / entity

• A formal application must be made to transfer an existing liquor license from the license holder to the new owner;

• A sale agreement, last will of a deceased license holder, a donation or even an oral agreement will allow and necessitate the processing of a transfer application;

• Different requirements must be complied with depending on the kind of license and the province in which the licensed premises are located.

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Relocation of a license to other premises

 

• Application can be made to relocate / remove an existing license from one premises to another;

• Relocations are not possible to apply for in respect of retail licenses in Mpumalanga Province;

 

Structural alterations to licensed premises

• Application must be made to obtain consent for purposes of structural alterations to or extension of an existing licensed premises.

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Appointment of managers / responsible persons

• In the event of a license holder being a legal entity (trust or company), natural persons must be appointed as responsible persons;

• The appointed manager must be a suitable person in terms of the applicable Provincial Liquor Act.

 
Annual renewal of liquor licenses

• All liquor licenses must be renewed on an annual basis, failure of which will result in lapsing of the license;

• Different requirements must be met to renew an NLA registration as well as retail licenses that were issued by the Provincial Liquor Boards,

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Temporary, occasional and special event liquor licenses

• These kinds of licenses must be applied for so as to enable you to sell and supply liquor at an occasion or an event on premises that are not licensed with a permanent liquor license;

• Different requirements must be met in terms of the applicable Provincial Liquor Act.