The City of Cape Town is commencing with the first round of the comment period for amendments to certain aspects of the new Liquor Trading Days and Hours By-law.
The City is calling on residents to comment on the portions of the by-law which are up for revision, namely the implementation of revised trading hours and a Sunday prohibition for the sale of liquor from licensed premises for consumption off-site (such as shops and bottle stores).
The process opens on Friday, 19 April 2013 and closes on Monday, 20 May 2013. The comments from this round will inform a second 45-day comment period to allow for input on draft amendments. The City’s Economic, Environmental and Spatial Planning Portfolio Committee will then consider the comments that have been received and will make recommendations to Council regarding amendments to the relevant sections of the by-law. The recommendations will be considered in conjunction with the feedback received during the public participation process, and only then will a final decision be made.
The new by-law came into effect at the beginning of April 2013, following an in-depth public participation process and advance notice, but after the City noted a great deal of concern and media attention about certain sections of the by-law, Council requested that the portfolio committee set in motion this additional public participation process to address some of these concerns.
According to the new by-law, a licensee at off-licensed premises may sell liquor for consumption off the licensed premises from Monday to Saturday from 09:00 to 18:00, and liquor cannot be sold by any off-licensed premises on a Sunday, excluding wineries, which may trade from their tasting rooms.
Following calls from various organisations and individuals to reconsider this aspect of the by-law, Council recommended that an amendment be made to allow for off-consumption sale of liquor to be permitted on application by licence holders in certain location categories, excluding local business and residential areas. The amendment would therefore enable licensees in these categories to apply both for an extension of trading hours and an extension of trading days to include Sundays.
These considerations only apply to location categories three to seven, and there is no intention to consider revising trading hours and days for consumption off-site in respect of location categories one and two, namely residential areas and local/neighbourhood business areas.
The enforcement of the by-law relating to trading on Sundays by current licence holders in the relevant location categories will be suspended while these possible amendments are being considered. However, all other aspects of the by-law, including trading hours, are still enforceable.
“It is important to note that, while certain aspects of the by-law are being reviewed, the rest of the by-law is now in place. Any revisions to parts of the by-law will seek to strike a balance between the possible economic impact of regulations by ensuring the reasonable sale of alcohol within the hospitality sector, while at the same time looking to address the negative health and social effects of alcohol abuse – especially in residential areas where the abuse of alcohol has particularly been noted,” says Mayoral Committee Member for Economic, Environmental and Spatial Planning, Councillor Garreth Bloor.
From 19 April 2013, the Liquor Trading Days and Hours By-law will be available for viewing at all City libraries and Subcouncil offices. Alternatively, it is available online at www.capetown.gov.za/bylaws.
Interested parties are requested to use the template provided at the libraries and Subcouncil offices and then submit their comments in writing via one of the following channels:
- Via e-mail to Liquor.bylaw@capetown.gov.za
- By fax to 021 400 4483
- By post to City of Cape Town, PO Box 298, Cape Town 8000
- Hand delivery to the Manager: Support and Services Co-ordination (Attention: Gavin van Schalkwyk), Strategic Support, 13th Floor, Tower Block, Civic Centre, Hertzog Boulevard
- Electronically, at www.capetown.gov.za/haveyoursay
