ACQUISITION AND COMPLETION OF APPLICATION FORMS

The applicant

·  The applicant must acquire an application form(s) for a liquor licence from the KwaZulu-Natal Liquor Authority and complete the forms using a checklist and fee list provided with the application forms.

Categories of licences

On Consumption:

ü  An accommodation

ü  A restaurant

ü  A club

ü  A nightclub

ü  A gaming premises

ü  A sports ground

ü  A pub

ü  A tavern; and

ü  A theatre

Off Consumption:

ü  A liquor store; and

ü  A grocers’ store

Special events permit

Micro-manufacture of liquor

Application forms:

ü  Form KZNLA1 - Application for a liquor licence (New application)

ü  Form KZNLA3 - Notice to display intention to apply for a liquor licence in terms of Section 42

ü  Form KZNLA4 - Notice of application in terms of Section 42(1)(b)

ü  Form KZNLA8 - Application in terms of Regulation 44 (appointment of manager)

ü  Form KZNLA10 - Notice of intention to apply for a special event permit

ü  Form KZNLA11 - Notice in terms of Section 52(3)(f)

ü  Form KZNLA12 - Notice to display at the premises the intention to apply for a licence

ü  Form KZNLA14 - Notice of intention to appeal against decision of Liquor Authority

ü  Form KZNLA15 - Application in terms of Section 73(1) (additional storage)

ü  Form KZNLA16 - Application for alteration of business premises

ü  Form KZNLA17A - Application to transfer a licence

ü  Form KZNLA18 - Application to remove a licence from licenced premises to another premises

ü  Form KZNLA19 - Application for renewal of licence in terms of Section 64(2)

ü  Form KZNLA20 - Security plan

ü  Form KZNLA21 - Situational report

ü  Form KZNLA22 - Complaint form

ü  Form KZNLA23 - Application for temporary amnesty registration

APPLICATION FOR A NEW LICENCE

Application for a new licence in terms of section 41 of Act

·  The applicant must complete the forms in block letters and submit the completed form(s) in triplicate to the Liquor Authority.

·  Documents to accompany the application(s)

All forms must be submitted with the following documentation/ information:

1.  The applicant must sign and declare under oath that the information contained in the application is true and correct.

2.  Proof of payment of the application fee which must be within 3 months of payment

3.  A sketch plan of the premises clearly showing:

i.  the dimensions of each room

ii.  all doors, windows and counters

iii.  the entries and exits to the premises

iv.  the street and places to which such entries and exits lead

v.  construction material

4.  A description of the premises and size of the premises in square metres with reference to the rooms, including kitchens, ablution facilities, store rooms and the service area where liquor is to be served.

5.  Where the building is already in operation, colour photographs clearly depicting the requirements of point 4 above.

6.  A comprehensive written representation or motivation in support of the application which must include:

i.  Public interest requirements contemplated in section 48(6) of the Act, which must include:

a.  The need for a liquor outlet in the area

b.  The socio-impact of a liquor outlet in the area

c.  The capability of the applicant to run the liquor outlet

ii.  The number of people to be employed.

iii.  The socio-responsibility program proposed by the applicant in respect of alcohol consumption in relation to the proposed licenced premises.

iv.  Clearly state all liquor licences, learning institutions, religious institutions and public recreational facilities within the proximity of 500 metres of the proposed premises.

v.  Detailed security plan of the measures to be taken by the applicant in terms of providing security measures for both inside the proposed premises, as well as within the circumference of 5 metres outside the proposed premises.

7.  Valid tax clearance certificate of good standing.

8.  Business trading licence issued by the relevant municipality for which the application is made.

9.  Police clearance certificate issued by the South African Police Service indicating the criminal offences of which the applicant has been convicted, if any.

10.  Proof of lawful occupation of the premises, in the form of title deed or a lease agreement in the name of the applicant and which is still valid.

11.  If the applicant is a legal business entity constituted in terms of applicable legislation, a Black Economic Empowerment rating certificate from a recognised source or an approved rating agency as required in terms of the applicable Broad Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003) and applicable Codes).

·  Once the applicant has completed the application and attached the required supportive documentation, the applicant can lodge the application with the Liquor Authority on any Friday of the month excluding declared public holidays.

·  N.B. before an applicant can make any payment they must obtain a banking reference number from our office which can be obtainable through telephone, fax or e-mail.

ACCOUNT HOLDER’S NAME / KZN LIQUOR AUTHORITY
BANK NAME / ABSA BANK
ACCOUNT NUMBER / 4082120975
BRANCH NO. / 632005
ACCOUNT TYPE / CHEQUE ACCOUNT

Trading days and trading hours

CATEGORY A:
ON-CONSUMPTION / TRADING
HOURS / TRADING
DAYS
1.  Accommodation / 10h00 – 02h00 / Every day
2.  Restaurant / 10h-00 – 02h00 / Every day
3.  Club / 10h00 – 02h00 / Every day
4.  Nightclub / 10h00 – 04h00 / Every day
5.  Gaming premises / 24h00 / Every day
6.  Sports ground / 10h00 – 23h00 / Any day
7.  Pub / 10h00 – 02h00 / Every day
8.  Tavern / 10h00 – 24h00 / Every day
9.  Theatre / 10h00 – 24h00 / Everyday
CATEGORY B:
OFF-CONSUMPTION / TRADING
HOURS / TRADING
DAYS
1.  Liquor store / 08h00 – 20h00
08h00 – 17h00
10h00 – 15h30 / Monday – Friday
Saturday
Sunday
2.  Grocers’ wine / 08h00 – 20h00
08h00 – 17h00
10h00 – 15h30 / Monday – Friday
Saturday
Sunday
CATEGORY C:
SPECIAL EVENTS PERMIT / TRADING
HOURS / TRADING
DAYS
Special events permit / Starting of even – Closing of event / Any day
CATEGORY D:
MICRO-MANUFACTURER / TRADING
HOURS / TRADING
DAYS
Micro-Manufacturer / 07h00 – 22h00 / Every day

Application for special events permit in terms of section 52(3) of Act

1. Lodgement of application for a special event permit can be made with the Liquor Authority on any business day and within 14 days prior to the date of the event.

2. Furnish such information together with the relevant documents as required in the application form, including –

i. a duly signed and completed application form;

ii. Proof of payment of the application fee in the form of a bank receipt or a receipt issued by the payment’s teller of the Liquor Authority;

iii. An original or certified copy of a letter of consent from the local municipality for the special event;

iv. A certified copy or original letter of written consent from the organiser of the special event, consenting to the issue of the special events permit to the applicant for the event;

v. a detailed security plan;

vi. An original or certified copy of the situational report from the station commander of the local SAPS;

vi.  where applicable, proof of publication in terms of section 52(3)(f) of the Act;

viii. Proof of service in terms of section 52(3) (g) of the Act;

ix. for applications relating to methylated spirits a relevant certificate issued by a relevant municipality or a government department in terms of any law or by-law to enable the applicant to trade in that particular product in a manner contemplated where applicable; and

x. any other document required in terms of the Act; and

xi. Furnish the name of the person who will manage the sale of liquor at the special event; and

xii. Declare under oath or truly affirm at the end of the form that the information contained therein is true and correct.

Alteration of licensed premises or nature of business in terms of section 72 of Act

1. A licence holder wishing to –

i. effect structural alterations to the licensed premises;

ii. change the nature of the business; or

iii. change the floor plan,

must apply in writing, using Form KZNLA 16 of Annexure P, to the Liquor Authority for approval.

2. Documents to accompany the application:

i. a revised plan with the alterations of the premises marked in red together with the relevant approval by the relevant authority;

ii. A written representation;

iii. A description of the licensed premises;

iv. A certified copy of the identity document of the licence holder or memorandum of incorporation, if it is a juristic person;

v. proof of payment of the prescribed fee, as contemplated in Annexure B of the Schedule to these regulations; and

vi. Where applicable, consent from the owner of the premises.

Storage of liquor in terms of section 73 of Act

1.  A licence holder or permit holder wishing to store liquor on premises other than the licensed premises must submit a written request to the Liquor Authority for consideration using Form KZNLA 15 of Annexure O.

2. Documents to accompany the application:

i. a floor plan of the premises, having been approved by the relevant authority for storage purposes;

ii. The physical address and description of the proposed storage premises;

iii. Written representation or motivation for additional storage space;

iv. a certified copy of the identity document of the licence holder or permit holder, if a natural person, or memorandum of incorporation, if it is a juristic person applying;

v. proof of payment of the prescribed fee as contemplated in Annexure B of the Schedule to these regulations;

vii. A certified copy of the valid licence or permit; and

ix. Where applicable, written consent from the owner of the premises where the liquor will be stored.

(N.B.) application shall be regarded as complete when it was correctly lodged (Fridays) and all necessary documents have been submitted and the fees paid to the Liquor Authority.

TRANSFER OF LICENCE

Application for transfer of licence to prospective holder in terms of section 74 of Act

1. A licence holder who wishes to transfer a liquor licence to another person must apply by completing Form KZNLA 17A of Annexure Q1, lodge such application with the Liquor Authority and must pay the application fee for transfer of a licence as contemplated in Annexure B.

2.  The application for a transfer of a licence must be lodged with the Liquor Authority only on a Friday, excluding declared public holidays, at an address provided for by the Liquor Authority in the application form.

Documents to accompany the application:–

i.  Black Economic Empowerment rating certificate if prospective holder is an institution/company,

ii.  An indication of the total number of new employment opportunities,

iii.  Measures that will be instituted by applicant to establish Social Responsibility Programme,

iv.  The prescribed particulars of the applicant,

v.  Proof of a business or trading licence issued by relevant municipality,

vi.  Certificate issued by South African Police Service indicating criminal offenses,

vii.  Tax Clearance Certificate issued by South African Revenue Services,

viii.  Proof of lawful occupation of premises e.g. tittle deed or lease agreement,

ix.  Detailed security plan with a written representation with measures to be taken by applicant in providing security,

REMOVAL OF LICENCE FROM LICENSED PREMISES TO OTHER PREMISES

Application for removal of licence from licensed premises to other premises in terms of section 75 of Act

Documents to accompany the application:–

1.  The applicant must sign and declare under oath that the information contained in the application is true and correct.

2.  Proof of payment of the application fee which must be within 3 months of payment

3.  A sketch plan of the premises clearly showing:

i.  the dimensions of each room

ii.  all doors, windows and counters

iii.  the entries and exits to the premises

iv.  the street and places to which such entries and exits lead

v.  construction material

vi.  A description of the premises and size of the premises in square metres with reference to the rooms, including kitchens, ablution facilities, store rooms and the service area where liquor is to be served.

vii.  Where the building is already in operation, colour photographs clearly depicting the requirements of point 4 above.

viii.  A comprehensive written representation or motivation in support of the application which must include:

vii.  Public interest requirements contemplated in section 48(6) of the Act, which must include:

a.  The need for a liquor outlet in the area

b.  The socio-impact of a liquor outlet in the area

c.  The capability of the applicant to run the liquor outlet

viii.  The number of people to be employed.

ix.  The socio-responsibility program proposed by the applicant in respect of alcohol consumption in relation to the proposed licenced premises.

x.  Clearly state all liquor licences, learning institutions, religious institutions and public recreational facilities within the proximity of 500 metres of the proposed premises.

xi.  Detailed security plan of the measures to be taken by the applicant in terms of providing security measures for both inside the proposed premises, as well as within the circumference of 5 metres outside the proposed premises.

ix.  Valid tax clearance certificate of good standing.

x.  Business trading licence issued by the relevant municipality for which the application is made.

xi.  Police clearance certificate issued by the South African Police Service indicating the criminal offences of which the applicant has been convicted, if any.

xii.  Proof of lawful occupation of the premises, in the form of title deed or a lease agreement in the name of the applicant and which is still valid.

xiii.  If the applicant is a legal business entity constituted in terms of applicable legislation, a Black Economic Empowerment rating certificate from a recognised source or an approved rating agency as required in terms of the applicable Broad Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003) and applicable Codes).