Liquor traders will have to abide by the new trading hours, regardless of the liquor licence they hold, set out by the City of Cape Town’s Liquor Trading Days and Hours By-law that comes into effect on 1 April 2013.
This follows a 12-month implementation period for the Western Cape Liquor Act, which ends on 31 March 2013.
The by-law is the result of extensive talks and engagement with various stakeholders regarding the most effective way to oversee the hours within which liquor may be sold in the city.
“As part of our commitment to building both a Caring and an Opportunity City, the by-law has sought to consider the needs of all stakeholders in the city and to strike a balance between the social effects of alcohol abuse, potential disruption (especially in residential areas), and the reasonable sale of alcohol for the hospitality sector,” says Mayoral Committee Member for Economic, Environmental and Spatial Planning, Councillor Garreth Bloor.
As part of the City’s commitment to supporting the entertainment and hospitality sector, which is an important economic multiplier in our city, it has created a special exemption for licensed premises which currently sell liquor for consumption on site. The default trading hours for the sale of liquor on licensed premises in the by-law is 02:00, but premises can apply for an extension until 04:00. This exemption only applies to licensed premises in areas that are zoned for business or industrial use, and was specifically created to ensure that traders who operate in prominent entertainment districts, that are correctly zoned, are not limited to the default trading hours, but may apply for an exemption.
Liquor traders should consider the following requirements outlined in the by-law:
- Revised trading hours for the sale of liquor for consumption on licensed premises, such as restaurants, bars and clubs
- Revised trading hours and a Sunday prohibition on the sale of liquor from licensed premises, such as shops and bottle stores
Trading hours for on-consumption premises
The Liquor Trading Days and Hours By-law states that a licensee may sell liquor for consumption on the licensed premises on any day of the week and during the hours of trade as set out in the following schedule:
- Trading hours for special events or temporarily licensed premises will be determined by the conditions set out in the event permit
- A hotel or guest accommodation establishment licensed to sell liquor may offer a room service facility at any time of the day
- A licensee may serve sparkling wine from 08:00 to 11:00, seven days a week; as part of a meal; and to guests who are part of an organised function where admission is controlled. This makes provision for “Champagne breakfasts” and other similar functions
Off-licensed premises
A licensee may sell liquor for consumption off the licensed premises from Monday to Saturday from 09:00 to 18:00. No liquor may be sold by any off-licensed premises at all on a Sunday. The only exception is wineries, which may trade from their tasting rooms on Sundays.
Applications for extensions
Off-consumption liquor licences do not qualify for any extension to the hours stipulated.
Those establishments in general business and industrial areas that sell liquor for consumption on their premises may apply to the City to extend the hours during which they may trade to a maximum of 04:00. The City will take into account the outcome of a community consultation as well as the impact on the environment when considering the application. The City may also impose certain conditions on those establishments which receive permission to trade until later. If these conditions are not met, the City may revert to the times stipulated in the by-law.
The City would like to appeal to those traders who would like an extension in their trading hours to please apply as soon as possible so that there is no gap in their trading patterns, which may open them to prosecution.
The application does carry a fee and applicants should take into account that it will take time to process. They should therefore ensure that they submit it well in advance of the by-law coming into effect on 1 April. If they fail to do so, they will have to revert to ceasing to sell liquor at 02:00 until their application has been processed and approved.
Application forms are available from any of the City’s Environmental Health offices. Please visit here for a list of the Environmental Health offices and their opening hours.
For more information on the application process as well as online applications, please visit here.
