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LIQUOR LICENSES: WHO CAN APPLY?

Article by Liquor License AttorneyNanika Prinsloo

The authorities in the country do not have a problem with businesses with liquor licenses, they have a problem with businesses who operate without liquor licenses. With this I mean that they would rather have all business premises that serve alcohol operate with liquor licenses than not.  It therefore not as difficult to get a liquor license as you may think.

It is therefore advisable to rather obtain a liquor license and then open your business, instead of the other way around.  Remember that when you apply for a liquor license, the local liquor officer of the South African Police must hand in a report with his/her reasons as to whether the liquor license must be granted or not. If you have had run-ins with the police because you traded illegally before, you may not get a positive report. 
 

See Also:
Liquor Licenses: The Basics

Liquor License Requirements

WHO CAN APPLY FOR A LIQUOR LICENSE

Everybody above 18 can apply for a liquor license.  If you rent a property, you can apply for a liquor license.  You will need the permission from the owner of the property though and you will have to prove that you have the right to occupy the premises (lease agreement).

WHO CANNOT APPLY FOR A LIQUOR LICENSE

If you have been sentenced to imprisonment without the option of paying a fine, you cannot apply for a liquor license.  This if you were sentenced within five years before you applied for a liquor license.  If you were sentenced to imprisonment without the option of paying a fine 10 years before you apply for a liquor license, then you can apply for a liquor license.  Your spouse also cannot apply for a liquor license during the restricted period.

If you have held a liquor license before and something went wrong, your liquor license revoked and you were declared unfit to hold a liquor license, then you cannot apply for a liquor license until 5 year have lapsed until you can apply for a liquor license again. Your spouse also cannot apply for a liquor license during the restricted period.

Also, if you had a liquor license, but the liquor license was cancelled within a period of 12 months prior to lodging a new application, then you also cannot apply for a liquor license in that period. Your spouse also cannot apply for a liquor license during the restricted period.

If you are an unrehabilitated insolvent, you also cannot apply for a liquor license until you are rehabilitated. Your spouse also cannot apply for a liquor license until you are rehabilitated.

Any person who is mentally ill as defined in the Mental Health Care Act, Act 17 of 2002, can also not apply for a liquor license.

If any of the above persons is a director/shareholder of a Company, or a member of a Close Corporation, or is a trustee or beneficiary of a trust, or is a partner in a partnership, then that Company, or Close Corporation, or Trust or Partnership can also not apply for a liquor license during the restricted period.

Apart from a person who is mentally ill, all other persons who cannot apply are not prohibited forever not to apply for a liquor license.  Once the periods mentioned have lapsed, they can apply for a liquor license.