C&A Friedlander Attorneys

Navigating the complexities of liquor law can be daunting. Whether you’re starting a new business, hosting an event, or expanding your operations, understanding the liquor licensing process is crucial. Below, we answer some of the most common questions we receive about liquor licensing.

  1. Who needs a liquor license?

Anyone who “sells” liquor in the Western Cape must have a liquor license. The term “sell” is broadly defined to include not just direct sales but also supplying, exchanging, offering for sale, or even displaying liquor for sale. This means that if alcohol is available to patrons at your establishment whether sold or provided complimentary you are required to obtain a liquor license.

  1. What kinds of liquor licenses are available?

Several types of liquor licenses are available, depending on the nature of your business:

On-Consumption License: Allows for the sale and consumption of alcohol on the premises, such as in restaurants, bars, and clubs.

Off-Consumption License: Permits the sale of alcohol for consumption off the premises, such as in liquor stores.

Combined Consumption License: Allows for the sale of liquor both on and off the premises, typically under special conditions.

Micro-Manufacturer’s License: Designed for small-scale producers of alcohol, including craft breweries, distilleries, and wineries.

Special Event License: A temporary license for events where alcohol will be sold.

If you are manufacturing alcohol above a certain legislated threshold or distributing liquor to other licensed enterprises, you will need a National Liquor License.

  1. How long does the liquor licensing process take?

While many sources suggest that the liquor licensing process takes between 3 to 6 months, recent delays at the Western Cape Liquor Authority (WCLA) have extended this timeline. In some cases, applications may take longer than 8 months to be processed. It’s advisable to begin the application process well in advance of your intended opening date to avoid delays.

  1. How much does a liquor license cost?

The cost of a liquor license includes both an application fee and a fee for granting the license. These fees are set by the WCLA and are updated annually. Regarding our services, we offer a quote once we have a comprehensive understanding of your liquor licensing needs. Our pricing is transparent, and we always provide a free initial consultation.

  1. How do I renew my liquor license?

Provincial Licenses: Must be renewed annually before 31 December. Late renewals incur penalties and could eventually result in the license lapsing. Renewal involves simply paying the renewal fee, which the license holder can do.

National Licenses: Renewals are required every 12 months, 30 days before the anniversary of the license’s registration. This process involves submitting an annual application with updated documentation. We recommend enlisting the help of a liquor consultant to assist with National License renewals.

  1. What documents do I need before meeting with a liquor consultant?

Your liquor consultant will guide you through the entire process, handling all tasks on your behalf. On our first interaction, you’ll receive a questionnaire and an index detailing the documents and information needed. One of the most crucial steps in obtaining your liquor license is ensuring that your premises are correctly zoned.

To expedite the process, we recommend bringing your zoning certificate to the initial consultation. This will allow our attorneys to confirm that your property is appropriately zoned for your intended business operations. Proper zoning is essential if your property is incorrectly zoned, your liquor license application will not be successful.

If you are leasing the proposed premises, you will also need to ensure that you have the necessary consent from the landlord to conduct a liquor-selling enterprise.

  1. What about all my other questions?

The above information is not exhaustive. Applications to the Western Cape Liquor Authority (WCLA) and the National Liquor Authority (NLA) are also required in cases, for example, where licenses are transferred, shares in a licensed business are sold, licensed premises are altered, or managers are changed.

If you have more questions or need assistance with your liquor licensing needs, please don’t hesitate to contact us.

Please email Raffaella at raffaella@caf.co.za

Or give us a call at 021 487 7900 – we look forward to hearing from you.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).