Here’s how selling booze in the Western Cape could soon change

16 February 2022 - 14:00
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Western Cape premier Alan Winde says changes to liquor laws in the province will see seized liquor permanently confiscated after the payment of an admission of guilt fine. File photo.
Western Cape premier Alan Winde says changes to liquor laws in the province will see seized liquor permanently confiscated after the payment of an admission of guilt fine. File photo.
Image: Trevor Samson

Western Cape premier Alan Winde says “imminent” changes will be made to the province’s existing liquor laws. 

Speaking during his state of the province address this week, Winde said significant amendments to the laws have been granted “principle approval”. 

He said the amendments follow a previous commitment by the province to help curb alcohol abuse.

“Our provincial cabinet has granted in-principle approval for the first set of amendments to the Western Cape Liquor Amendment Bill to be drafted.

“Drafting instructions are in an advanced stage and should be completed imminently. The next steps will include a full Regulatory Impact Assessment process of the second set of proposed amendments to the bill,” said Winde.

He said the two-step amendment process is to ensure “quick-win amendments” can be made as soon as possible and not be delayed by more significant changes that will require an extensive public participation process. 

He said amendment to the liquor laws will not ban alcohol or hurt the economy. 

“I want to make a commitment that our approach to tackling alcohol-related harms will not be done in a way that hurts the economy and costs jobs. We simply cannot afford that in the current economic climate,” he said. 

“However, we cannot let the status quo continue either. We must be innovative and targeted in our approach so we end this deadly relationship once and for all.”

Changes drafted under the amended act include:

  • permanently confiscating seized liquor after the payment of an admission of guilt fine;
  • inserting an objective test within the act to determine whether alcohol has been sold to an unlicensed outlet/individual;
  • obliging licence holders to take reasonable measures to determine that a client is of legal drinking age;
  • aligning the act with the Liquor Products Act to ensure a uniform definition of “illicit liquor”;
  • providing for a public participation process to alter existing licences;
  • expanding section 24 committee powers to hear enforcement matters;
  • Expanding the capacity and availability of the Appeal Tribunal/Authority.
  • enabling the community safety MEC to prescribe by way of regulation additional and relevant information to be considered by the Liquor Licensing Tribunal or the presiding officer;
  • ensuring a record of all liquor sales is kept by outlets and prescribe the measure of detail required, and; 
  • limiting the delivery of more than the prescribed limit of liquor by inserting a requirement to produce the “written consent of the presiding officer”.

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