The current South African National Liquor Act 59 of 2003 has,
according to the Minister of Trade and Industry, Rob Davies, not been
successful in curbing alcohol abuse since its inception more than a decade ago.
As
part of a regular five-year reappraisal of South Africa’s alcohol laws, the
Liquor Policy Review was recently released for public comment by the National
Department of Trade and Industry (DTI), and will be followed by a proper
consultation process.
“The
challenge of balancing the effect of liquor abuse and excessive consumption of
liquor against promoting the economic imperatives of the industry remains
vast,” Davies said.
The
review aims to address perceived gaps in the existing legislation. This would
include:
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Reducing the socio-economic impact of
liquor and other costs of alcohol abuse;
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Increasing transformation in the liquor
industry;
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Standardising key aspects of regulation
at municipal, provincial and national level;
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Eradicating manufacturing and trading
in illegal liquor; and
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Improving capacity and enforcement
constraints within the National Liquor Authority.
The
document was published on 20 May 2015 with the deadline for public comment
within 30 calendar days. However, following constructive consultation sessions
with representatives from ARA (Industry Association for Responsible Alcohol
Use) – which included Salba (SA Liquor
Brandowners’
Association), VinPro and SA Breweries – the deadline was extended to 13 August
2015.
In
good spirit
“The
discussions took place in good spirit, and the extension of the comment period
is encouraging,” said Christo Conradie, VinPro’s manager: wine cellars, who
represented the wine producer organisation. He added that the review in its
current form was not cast in stone and a proper consultation process would
follow after all comments had been considered. A regulatory impact assessment
would also have to be performed before the final amendments could be submitted
to the cabinet.
“The
DTI is very clear about the fact that they will not accept criticism of aspects
in the review, without the provision of suitable alternatives,” Conradie said.
He urged producers to take special note of the proposed BBBEE (Broadbased Black
Economic Empowerment) requirements with regard to licences and take the
necessary steps to get their BEE verification in order.
The new liquor policy review proposes:
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Raising the minimum legal
age at which alcohol can be purchased and consumed from 18 to 21 years;
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Regulating the days and
hours of alcohol sales;
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Restricting advertising
of alcohol, and prohibitions on sponsorship and promotion associated with
alcohol;
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No serving of alcohol to
intoxicated people. Should the intoxicated person be involved in a car accident
or a crime related to substance abuse, the manufacturer, distributor and trader
should bear liability for any harm or damages;
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Holding the manufacturer
or supplier liable if its products are found in illegal or unlicensed outlets;
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Alcohol retailers should
be at least 500m away from schools, places of worship, recreation, rehabilitation
or treatment centres, residential areas and public institutions;
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No issuing of alcohol
licences to petrol stations or places near public transport;
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Revoking licences of
manufacturers or suppliers who do not comply with the BBBEE (Broad-based Black
Economic Empowerment) Codes of Good Practice.