SWC fee only for new licences
2010-02-18 23:16
Johannesburg - There is much confusion amongst restaurants and bar owners, after a proposed liquor policy for the Soccer World Cup created the impression that they might have to pay R50 000 for a special liquor licence for the duration of the tournament.
Trade and Industry Minister Rob Davies published the proposed legislation in the Government Gazette on January 18 and the issue was open for comment for a month.
According to the wording of the proposal, it seems as though all "public display areas" which will show matches during the tournament while also selling alcohol will have to apply for the special liquor license at R50 000 per venue.
This would include cinemas, bars, restaurants, stadiums, open spaces, offices, construction sites, oil rigs, water-borne vessels, buses, trains, educational establishments and hospitals.
Marius Blom, a lawyer who focuses on cases involving liquor, told Beeld that the draft legislation, as it is worded at the moment, it is "completely unconstitutional" and contradicts provincial and national liquor laws.
Should it be introduced, he will request a declaratory order against it in court.
Liquor licence
The Department of Trade and Industry, however, says this interpretation of the draft legislation regarding "public display areas" is not what the department intended.
"The proposed policy as it is currently is confusing. We will issue a statement on Friday to rectify this," said Zodwa Ntuli, deputy director general of the department.
She explained that all restaurants and bars which already have liquor licences won't be influenced by the proposed policy.
Therefore such places won't have to pay the special liquor licence.
Furthermore, the "public display areas" only refer to areas which the municipality will demarcate for the purpose of the World Cup tournament.
Among other places, matches will be shown on screens in these demarcated areas for use by the community.
If a person or business wants to sell alcohol within such an area, but does not already have a liquor licence, they will have to pay the R50 000 for the special liquor licence.
However, a person or business which falls outside the demarcated area will only have to obtain an ordinary special liquor licence from their provincial authority for between R500 and R1 000 if they want to show matches and sell alcohol, she said.