Control of Undertakings that Sell Liquor to the Public By-law, 2014
- Published in Western Cape Provincial Gazette 7219 on 17 January 2014
- Assented to on 4 December 2013
- Commenced on 17 January 2014
- [This is the version of this document from 12 December 2014 and includes any amendments published up to 28 July 2023.]
- [Amended by Control of Undertakings that Sell Liquor to the Public: Amendment on 12 December 2014]
PreambleWHEREAS a municipality may, in terms of section 156 of the Constitution, make and administer by-laws for the effective administration of matters which it has the right to administer;WHEREAS it is the intention of the City to set trading times and enforcement mechanisms for the control of licensed undertakings that sell liquor to the public and which are situated within the jurisdiction of the City of Cape Town;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:–
1. DefinitionsIn this By-law, unless the context indicates otherwise –"agricultural area" means an area predominantly zoned for agriculture or any other equivalent zoning, with the purpose to promote and protect agricultural activity on a farm as an important economic, environmental and cultural resource, where limited provision is made for non-agricultural uses to provide owners with an opportunity to increase the economic potential of their properties, without causing a significant negative impact on the primary agricultural resource;"authorised official" means a delegated employee of the City’s Directorate: Safety and Security, Liquor Enforcement and Compliance Unit and includes any other authorised official delegated to enforce the provisions of this by-law;"business premises" means a property from which business is conducted and may include a restaurant, pub, bar or tavern or other building for similar uses, but excludes a place of entertainment, guest accommodation establishment, hotel, sports and community club;"casino" means a casino as defined in the National Gambling Act, 2004 (Act No. 7 of 2004) and includes a hotel, business premises, venue for hosting of events, place of entertainment or other recreation facility or tourist attraction as part of the complex;"City" means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 22 September 2000, issued in terms of the Local Government: Municipal Structures Act, 1998, or any structure or employee of the City acting in terms of delegated authority;"compliance notice" means a written instruction of an authorised official as contemplated in section 7;"Council" means the Municipal Council of the City;"general business area" means an area predominantly zoned general business or any other equivalent zoning, with the purpose to promote economic activity in a business district and development corridor, and includes a wide range of land uses such as business, residential and community uses;"guest accommodation establishment" means premises used as temporary residential accommodation, and includes the provision of meals for transient guests for compensation and includes a backpacker’s lodge, a bed-and-breakfast establishment, guest house and guest farm or lodge, as well as facilities for business meetings, conferences, events or training sessions of resident guests, but excludes a hotel;"hotel" means premises used as temporary residential accommodation for transient guests where lodging or meals are provided for compensation, and includes –(a)a restaurant forming part of the hotel;(b)a conference and entertainment facility that is subservient and ancillary to the dominant use of the premises as a hotel; and(c)premises licensed to sell liquor for consumption on the property,but excludes an off-consumption facility, guest accommodation establishment, dwelling house or dwelling unit;"industrial area" means an area predominantly zoned general industry or any other equivalent zoning, with the purpose to accommodate all forms of industry including manufacturing and related processing, but excludes noxious or hazardous risk activity;"licensee" means a person who is licensed to sell liquor in terms of the Act and includes the manager who is responsible for the management of the business and is subject to the same duties, obligations and liabilities as the licensee;"liquor" means liquor as defined in the Act;"local business or neighbourhood business area" means an area predominantly zoned local business or mixed use or any other equivalent zoning with the purpose to accommodate low intensity commercial and mixed use development serving local needs of a convenience goods, personal service or small scale business nature or serve as an interface between general business, industrial and adjacent residential areas;"off-consumption premises" means the place of business from which a licensee sells liquor to be consumed at a location removed from the place of business;"on-consumption premises" means the place of business and location in which liquor is sold and consumed;"organised function" means a celebration, party or similar festivity shared at a licensed premises;"person" means a natural person or a juristic person;"place of entertainment" means a place used predominantly for commercial entertainment which may attract relatively large numbers of people, operate outside standard business hours or generate noise from amplified or live music or revelry on a regular basis, and includes a cinema, theatre, amusement park, dance hall, gymnasium, totalisator or facility for betting, gambling hall, karaoke bar and nightclub, but excludes a casino;"population certificate" means an occupancy certificate aimed at the prevention and control of overcrowding as contemplated in the City of Cape Town By-law relating to Community Fire Safety, 2002;"residential area" means an area predominantly zoned informal, single or general residential or any other equivalent zoning, with the purpose to accommodate predominantly single-family dwelling houses in low to medium density neighbourhoods, as well as higher density living accommodation and which includes controlled opportunities for home employment, additional dwellings and low intensity mixed use development;"sell" includes –(a)to supply, exchange, offer for sale, display for the purpose of sale; or(b)to authorise, direct or allow a sale, supply, exchange, offer for sale or display for sale;for the exchange of money or any other type of consideration; and “sale” and “sold” have corresponding meanings;"small holding or rural area" means an area predominantly zoned rural or any other equivalent zoning, with the purpose to accommodate smaller rural properties that may be used for agricultural purposes, but may also be used primarily as places of residence in a more country or rural setting;"sparkling wine" means an effervescent wine resulting from the fermentation of grapes, whether by natural or artificial process, and includes Champagne;"sports and community club" means premises or a facility used for the gathering of community or civic organisations or associations, sports clubs or other social or recreation clubs run mostly not for profit and may include community service clubs and community centres or similar amenity facilities, but excludes a night club;"standard trading" means trading days and trading hours as contemplated in sections 4 and 5 of this By-law, and excludes extended trading days and hours that may be approved by the City in terms of section 6 of this By-law;"suspension notice" means a written notice to suspend extended liquor trading days and hours as contemplated in section 8;"subcouncil" means a political substructure of Council which has been delegated with certain powers and duties of Council;"the Act" means the Western Cape Liquor Act, 2008 (Act No. 4 of 2008);"winery" includes premises or facilities which are used in the production of wine and such premises or facilities include facilities for crushing grapes and fermentation and aging of wine, tasting rooms, barrel and storage rooms, bottling rooms, tank rooms, laboratories or offices and other accessory or ancillary facilities incidental to the production of wine, which may include–(a)a restaurant and other food services; or(b)a subsidiary retail facilities to tours or visitors, and"zoned" means zoned as the case may be in terms of the City of Cape Town Zoning Scheme Regulations; and “zoning” has a corresponding meaning.
2. ApplicationThis By-law is applicable to licensees that sell liquor to the public within the jurisdiction of the City.
3. General prohibitionNo person may sell liquor to the public for on consumption or off consumption –(a)outside of the days and hours that have been determined by the City; and(b)without a valid liquor licence that has been issued as contemplated in the Act.
Standard trading times
4. On-consumption premises
5. Off-consumption premisesA licensee may sell liquor for off-consumption on any day of the week from 09:00 to 18:00, except on Sundays.
Extended trading times
6. Application for extended days and hours
7. Compliance notice
8. Suspension, amendment and revocation of extended liquor trading days and hours
Prevention of sale of liquor and seizure of liquor
9. Prevention of sale of liquor and seizure of liquor
10. Display of signage, population certificate and other obligations of licensee
11. Safety and securityThe licensee must ensure that reasonable safety and security measures are in place for the protection of patrons of the licensed premises by ensuring that, inter alia –
12. NuisancesA licensee selling liquor to the public must take reasonable steps to ensure that the residents of the surrounding community are not unreasonably affected and inconvenienced by noise or other nuisances emanating from the premises.
13. Offences and penaltiesAny licensee who –
14. Right of appealAny licensee or objector whose rights have been affected by a final decision taken by a subcouncil with regards to –
15. RepealThe following By-laws are hereby repealed:
16. Short titleThis By-law is called the City of Cape Town: Control of Undertakings that Sell Liquor to the Public By-Law, 2013.
History of this document
12 December 2014 this version
04 December 2013