Hessequa
South Africa
South Africa
Liquor Trading Days and Hours By-law, 2016
- Published in Western Cape Provincial Gazette 7620 on 27 May 2016
- Commenced on 12 December 2016
- [This is the version of this document from 27 May 2016 and includes any amendments published up to 9 June 2023.]
1. Definitions
In this By-law, unless the context otherwise indicates:"Act" means the Western Cape Liquor Act, (Act 4 of 2008) as amended;"hotel" means premises wherein or whereon the business of supplying lodging and meals is conducted or is intended to be conducted, and includes a motel, inn, bed and breakfast concern, caravan and camping park, guest-house, a lodge, a backpackers and a house boat;"licensee" means the person to whom a licence has been issued in terms of section 46 or transferred in terms of section 65 of the Act;"Liquor Authority" means the Western Cape Liquor Authority established in terms of section 2 of the Act;"municipality" means the Hessequa Municipality and includes any political structure, political office bearer, duly authorised agent thereof, or a service provider fulfilling a responsibility under this by law assigned to it in terms of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) or any other law, as the case may be, or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated, to such political structure, political office-bearer, agent or employee;"official" means any person authorised by the Municipality to perform the function of an officer under this By-law and includes any member of the South African Police Services and any person appointed in terms of the Act;"premises" includes any place, land, building or conveyance or any part thereof which is registered or which is seeking to be registered to trade in liquor;"registered premises" means premises on or from which a licensee conducts his or her business;"sell" includes supply, exchange, offer for sale, display for the purposes of sale or authorise to sell, direct to sell, or to allow a sale;"selling hours" means the time during which a licensee is allowed to sell liquor in terms of Schedule 1;"ward committee" means a committee as contemplated in the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998).2. Purpose of By-law
The municipality, acting in terms of the powers granted to it in the Act, adopts this By-law with the aim of regulating the hours during which liquor may be sold and matters related thereto.3. Application of By-law
This By-law applies to all premises, situated within the area of jurisdiction of the municipality, on which a business in the trading of liquor is carried on or intended to be carried on.4. Hours and days of trading
5. Application for extended trading hours
6. Revocation, suspension and amendment of approved extended liquor trading days and hours
7. Public participation and duties of municipality
8. Penalties
A person who has committed an offence in terms of this by-law is, on conviction, liable to a fine, or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to a fine for every day such offence continues, or in default of payment thereof, to imprisonment.9. Repeal of by laws
This by-law repeals all previous versions of the Hessequa Municipality Liquor Trading Hours By-Law.10. Short title and commencement
This By-law may be cited as Hessequa Liquor Trading Days and Hours By-law and come into operation on 12 December 2016.Cited documents 2
Legislation 2
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Constitution of the Republic of South Africa, 1996 | 585 citations |