The process of obtaining a liquor licensing can be daunting for a normal person who wants to operate a liquor business as the application for a liquor license is submitted to a very stringent provincial liquor board, comprising of persons from highly well-regarded background. The provincial liquor board carefully considers each application received. The decision of the provincial liquor board regarding an application before it must be made by a simple majority of fifty plus one of the members present.
The application for a liquor license in terms of the provincial liquor authority is considered to be complete when all the necessary documents and information have been submitted to the provincial liquor board. There are two main liquor license applications, namely, license for consumption on the licensed premises and consumption off the licensed premises. In terms of both applications, the applicant needs to show that the intended premises is suitable for alcohol consumption and that the premises “comply with all laws, metropolitan or district council by-laws and regulations, including health and smoking laws”.
The applicant’s provision of alcohol must serve public interests to a great extent. The applicant may have to show or verify that such applicant is suitable to obtain a liquor license, and that the applicant has not been in breach of laws relating to the sale or provision of liquor. The liquor business creates jobs for many people in our country, as a result, the applicant may also need to submit a motivation describing the business operation, and state the positive impact of obtaining the liquor license and operating a liquor business.
The process of obtaining a liquor license involves an enormous amount of administration as alluded above, the applicant has to place a notification in the provincial Gazette and in two newspaper for a permanent liquor license. The members of public are invited to make objections and comments concerning the application. The application may be rejected by the provincial liquor board. In terms of the liquor authority, the provincial liquor board has discretion on whether to grant or reject liquor license application. The liquor legislation and regulations does not direct the board to issue reasons for rejection of the liquor
license application but the applicant can invoke the provisions of Promotion of Administrative Justice Act 3 of 2000 for the Gauteng liquor license board to provide reasons for the rejection of the application.
The applicant needs to ascertain what kind of liquor license the applicant is applying for, as there are different liquor operations. If all documents for liquor license are lodged correctly, the application process can take about six months. The application has to be accompanied by a proof of payment of the application fee.