SAPS clarifies liqour trading hours confusion
Wednesday, 15 May, 2013
Danie Cronje
In terms of the Western Cape Liquor Act which commenced on the 1st of
April 2012 municipalities may determine liquor trading days and hours in
their areas by way of by-laws.
In areas where municipalities have not determined trading days and hours the default hours prescribed in the Western Cape Liquor Act applies.
The Act provided for a transitional period during which businesses were entitled to continue trading according to the liquor trading days and hours listed in their licence conditions. The transitional period ended on the 31st of March 2013.
A number of municipalities have promulgated bylaws and the hours determined therein therefore now apply.
There has been some confusion regarding the situation in areas where municipalities have not put by-laws in place.
In terms of the Western Cape Liquor Act a liquor store or supermarket may trade from 09h00 to 18h00, 7 days a week.
The Western Cape Liquor Authority indicated however that according to their interpretation of the Act the existing licence conditions relating to trading hours continue to apply until municipalities put bylaws in place.
Under the existing conditions liquor stores and supermarkets could trade from 08h00 to 20h00 Monday to Friday, 08h00 to 17h00 on Saturday but not on Sunday.
According to Danie Cronje, the Director of Liquor Law Services at Cluver Markotter Inc the situation created great uncertainty for businesses which operate supermarkets and liquor stores in the Western Cape.
Discussions with the Head of the Liquor Control Unit of the SAPS in the Western Cape confirmed that the SAPS agrees that the times prescribed in the Western Cape Liquor Act applies and that it replaced the existing licence conditions.
This means that in areas where municipalities have not determined by-laws, off-consumption licenced premises such as supermarkets, liquor stores, wine shops and wineries are entitled to sell liquor for consumption off the premises between 09h00 and 18h00, 7 days a week.