Liquor Trading Days and Hours By-law, 2026

This is the latest version of this By-law.

Jurisdiction: Cederberg
Date: 30 January 2026
Language: English
Published in: Western Cape Provincial Gazette 9182 on 30 January 2026 (1.8 MB)

Liquor Trading Days and Hours By-law, 2026

Published in Western Cape Provincial Gazette 9182 on 30 January 2026
Commenced on 30 January 2026
[This is the version of this document from 30 January 2026 and includes any amendments published up to 13 February 2026.]

Cederberg Municipality, by virtue of the powers vested in it by section 156(2) of the Constitution of the Republic of South Africa as amended, read with section 13 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), has enacted this by-law set out below:

Preamble

WHEREAS a municipality has competence in terms of Section 156(1)(a) read with Part B of Schedule 5 to the Constitution of the Republic of South Africa, 1996, to control undertakings that sell liquor to the public;WHEREAS a municipality may, in terms of Section 156(2) of the Constitution, make and administer by-laws for the effective administration of the matters which it has the right to administer;WHEREAS the “Constitution" read with the Liquor Act, 2003 (Act 59 of 2003) and the Western Cape Liquor Act, 2008 (Act No. 4 of 2008) provides that a municipality to determine different trading days and hours for licensed businesses selling liquor;WHEREAS it is the intention of the Cederberg Municipality to only set trading days and hours for licensed premises enjoying correct zoning or land use rights, provided that this does not indicate support for establishing new undertakings or establishments;AND NOW THEREFORE, BE IT ENACTED Under the provisions of section 156 of the Constitution of the Republic of South Africa, 1996 by the Cederberg Municipality, as follows:

1. Definitions

(1)In this by-law, words shall bear the meaning assigned to them unless the context indicates otherwise:"agricultural area" means an area predominantly zoned 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."applicant" means a person who has applied to be registered in terms of this by-law;"authorised official" means any employee of the municipality authorised to enforce or implement the provisions of this by-law;"authority" means the Western Cape Liquor Authority established in terms of the Western Cape Liquor Act, 2008 (Act 4 of 2008);"backpackers lodge" means a building where lodging is provided per bed or room and such lodging may incorporate cooking, dining and communal facilities or communal areas for the use of lodgers, together with such outbuildings which are normally used therewith, but does not include a hotel, dwelling, second dwelling or group house;"bed and breakfast" means a dwelling or a second dwelling attached to the main dwelling in which the owner provides lodging and/or meals for compensation by transient guests who have permanent residence elsewhere, provided that:(a)In the case where the second dwelling is attached to the main dwelling, the primary use of the main dwelling shall remain for the accommodation of a single family;(b)no more than five rooms per land unit may be used for the accommodation of paying guests or lodgers; and(c)the property complies with the applicable zoning scheme for a bed & breakfast establishment;"bar" a retail establishment that mainly serves alcoholic beverages;"beer" includes—(a)ale, cider and stout; and(b)any other fermented drink, other than traditional African beer—(i)that is manufactured, or sold under the name of beer, ale, cider or stout, if it contains more than one percent volume of alcohol; or(ii)that is declared to be beer under section 42(2)(a) of the act;"brewery" means an establishment for the making of beer, which is an alcoholic beverage produced by the brewing and fermentation of sugars, mainly derived from malted cereal grains such as barley and wheat; and such premises or facilities may:(i)be specifically designed to include facilities for the production of liquor; or(ii)include tasting rooms, barrel and storage rooms, bottling rooms, tank rooms, laboratories or offices and other accessory or ancillary facilities incidental to the production of liquor, which may include:(aa)restaurants and other food services; or(bb)subsidiary retail facilities to tourists or visitors;"club" includes a sports club, community or service club, night club or facility;"Cederberg Municipality" means the Municipality established in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) Provincial Notice No. PN 482 dated 22 September 2000, as amended, and includes any political structure, political office-bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub delegated to such political structure, political office-bearer, councillor, agent or employee and "Municipality" has a corresponding meaning;"establishment" means the type of premises, business, outlet or land use activity as described and defined in the Act or relevant applicable local zoning scheme, and "undertaking" has a corresponding meaning;"general business zoned area" means an area zoned in terms of the Zoning Scheme designed to promote economic activity in business districts and development corridors, and includes a wide range of land uses such as business, residential and community uses;"general industrial zoned area" means an area zoned to accommodate all forms of industry, but does not include noxious trade and risk activity;"general residential zoned area" means a zone designed to provide a healthy, safe and pleasant environment for urban living at higher densities;"guest house" means a dwelling or second dwelling consisting of not more than 15 rooms or 30 guests and which:(a)is in an establishment which exceeds the restrictions of a bed and breakfast;(b)is used for the purposes of providing lodging and meals to transient guests for compensation; and(c)may include facilities for business meetings or training sessions of guests on the property;"hotel" means a property used as temporary residence for transient guests where lodging or meals are provided for compensation, and includes:(a)a restaurant or restaurants forming part of the hotel;(b)conference and entertainment facilities that are subservient and ancillary to the dominant use of the property as a hotel; and(c)premises which are licensed to sell liquor for consumption on or off the property, but excludes a bed and breakfast establishment, guest house, off-consumption facility, back packers lodge or similar lodge or dwelling;"karaoke bar" means an establishment providing interactive entertainment where amateur singers sing along with recorded music or a music video using a microphone and public address system;"licensee" means any person or judicial entity who is licensed to sell liquor in terms of the Act from premises with appropriate land use rights and includes any manager, agent or employee of the licensee;"liquor" means any liquid or substance containing more than 1% of alcohol by volume or mass, but excludes:(a)methylated spirits;(b)medicine which is subject to registration in terms of the Medicines and related Substances act, 1965 (Act 101 of 1965); and(c)products which are not intended for human consumption;"local business zoned area" means an area zoned to provide an intermediate zone which can act as a buffer or interface between general business zoned areas or other high intensity non-residential uses and residential zoned areas;"nightclub" means an entertainment venue which provides entertainment mainly in the form of music, dance and exhibition but excludes a pub, bar or tavern;"place of entertainment" means a place used predominantly for commercial entertainment which may attract relatively large numbers of people or generate noise from music or revelry on a regular basis, and includes but is not limited to a cinema, theatre, dance hall, gambling hall, karaoke bar and nightclub but excludes a casino;"pub" means a drinking establishment, of which the primary function is the serving of alcoholic beverages for consumption on the premises, but may also serve food or have entertainment;"premises" means a place, land, building, part of a building, vehicle or vessel which is mainly used for the conveyance of tourists;"regulations" means the Western Cape Liquor Regulations, 2011 promulgated in terms of the Western Cape Liquor Act, 2008, including all amendments to said regulations;"room service facility" means a mini bar or self-help facility for the consumption of liquor in guest rooms and a call-up service for resident guests;"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;"resort" means a place or establishment used for relaxation or recreation, attracting visitors for holidays or vacations, which attempts to provide for most of a vacationer’s needs while remaining on the premises, such as food, drink, lodging, sports, entertainment, and shopping;"restaurant" means an establishment which prepares and serves food and drink to customers, which meals are generally served and eaten on premises, but may also offer take-out and food delivery services;"sell" includes exchange, offer, display, deliver, supply or dispose of, for sale, or authorise, direct or allow a sale;"small holding or rural area" means an area predominantly zoned rural or any other equivalent zoning, with the purpose of accommodating 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;"shebeen" means a drinking establishment of which the primary function is the serving of alcoholic beverages for consumption on and off the premises;"special event" means a public activity with a scheduled time location and duration which may include but is not limited to sporting events, concerts, festivals, parades and exhibitions, at fixed venues or temporary venues;"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;"tavern" means a place or business where people gather to drink alcoholic beverages and be served food but does not include a shebeen;"the Act" means the Liquor Act, 2003 (Act 59 of 2003) or the Western Cape Liquor Act, 2008 (Act No 4 of 2008) as amended, whichever finds application due to context;"wine" means wine as defined in section 1 of the Liquor Products Act, 1989 (Act 60 of 1989);"winery" means premises or facilities which are used in the production of liquor products which may include, but are not limited to:(a)wine;(b)an alcoholic fruit beverage;(c)a spirit;(d)a grape-based liquor;(e)a spirit-based liquor;(f)a specially authorised liquor; and such premises or facilities may:(i)be specifically designed to include facilities for the production of liquor; or(ii)include tasting rooms, barrel and storage rooms, bottling rooms, tank rooms, laboratories or offices and other accessory or ancillary facilities incidental to the production of liquor, which may include:(aa)restaurants and other food services; or(bb)subsidiary retail facilities to tourists or visitors;"zoned" means zoned and zoning as the case may be in terms of the applicable zoning scheme or any applicable law and "zoning" has a corresponding meaning; and"zoning scheme" means the zoning scheme or schemes applicable to the area and in force within the area of jurisdiction of the municipality.

2. Application of the by-law

This by-law applies to all:

(a)licensees who are licensed to sell liquor in terms of the Act or any other applicable legislation;

(b)licences renewed in terms of the Liquor Act, 2003 (Act No. 59 of 2003) within the jurisdiction of the municipality.

3. Trading days and hours for sale and consumption of liquor on licensed premises

(1)A licensee may sell liquor for consumption on the licensed premises on the following days and hours:

(a)on any day of the week; and during the hours of trade as set out in the Schedule.

(2)Despite subsection (1) a hotel or guest house licensed to sell liquor may offer a room service facility at any time of the day.

(3)Despite the provisions of this by-law, a licensee as contemplated in subsection (1), may serve sparkling wine:

(a)from 08h00 to 11h00 for seven days a week;

(b)as part of a meal; and

(c)to guests who are part of an organised function where admittance is controlled.

4. Trading days and hours for sale of liquor off licensed premises

A licensee may sell liquor for consumption off the licensed premises on the following days and hours:

(a)on any day of the week with the exception of Sundays and religious public holidays, unless otherwise indicated in the Schedule; and

(b)during the hours of trade as set out in the Schedule.

5. Appointment of authorised officials

The municipality may appoint any official to implement and enforce the provisions of this by-law.

6. Determination of licensed premises type

Where the definition or description of any licensed premises type as reflected in items 1 to 7 of the Schedule to this by-law is uncertain or difficult to determine, an authorised official as contemplated in section 5 may determine the definition thereof in order to determine the trading hours applicable thereto.

7. Enforcement

(1)An authorised official may, in the performance of his or her functions in terms of this by-law:at all reasonable times enter:

(i)any licensed premises;

(ii)any premises in terms of which an application in terms of the Western Cape Liquor Act, 2008 has been made; and

(iii)any premises on which he or she on reasonable grounds suspects that liquor is being sold contrary to the provisions of this by-law, and make such investigation, enquiries or inspections as he or she may deem necessary.

(2)When entering premises in terms of this section, the authorised official must identify himself or herself to the person in charge of the premises.

(3)An authorised official may issue and serve a notice of compliance on the licensee or any person in control of licensed premises, calling upon such person to comply with the provisions of this by-law.

(4)A compliance notice must stipulate:

(a)the provisions of the by-law that must be complied with;

(b)the act or omission constituting non-compliance;

(c)the measures which must be taken to comply;

(d)the date or time by which compliance must be achieved, where applicable; and

(e)the possible consequences of non-compliance.

8. Application for extended trading hours

(1)Application for extended trading days and hours

(a)A licensee may, upon payment of the required fee and at least 3 months prior to the desired

(b)extension, submit a written application to the Municipality to extend the trading days and/or hours in respect of a licensed premises.

(c)The Municipality may refuse or approve such application with or without terms and conditions.

(d)No rights accrue to any person who has applied

(e)for an extension of trading days and hours before the receipt of approval of the Municipality.

(f)The Municipality must, when considering an application for the extension of trading days and hours, consider factors which may include:—

(i)Outcome of community consultation;

(ii)Public interest;

(iii)Proximity of the licensed premises to a residential area, cultural, religious or educational facility;

(iv)The planning and zoning requirements of the Municipality;

(v)The validity of a business license issues in terms of the Business Act 71 of 1991 where applicable;

(vi)The potential impact on the tranquillity and well-being of the community;

(vii)Previous suspension, amendment or revocation of extended trading days and hours;

(viii)Validity of liquor license; Record of and/or report of any offence and/or contraventions relating to the liquor license of applicant, whether in terms of this bylaw or otherwise;

(ix)Applicant's comments in respect of paragraphs (i) - (x) and the steps proposed to mitigate:—

(a)The risks to the surrounding community;

(b)Nuisance on the surrounding community;

(c)The possible benefits of extended liquor trading hours and days on the surrounding community;

(d)Any other factor which may influence Council's decision to grant/refuse approval.

9. Obligations of the licensee

(1)Display of signage and certificates

(a)A licensee must, to the satisfaction of the authorized official, ensure that following certificates are prominently displayed inside the licensed premises:

(i)The certificate issued by the Municipality stating the zoning or land use in respect of the premises for purposes of this by-law; and

(ii)The population certificate in respect of the premises issued.

(iii)Business license and/or certificate issued by the Municipality.

(a)A licensee must, to the satisfaction of the authorized official, ensure that the following information is prominently displayed on the front door or window of the premises in characters not less than five centimeters in height:

(i)The liquor licence number under which liquor may be sold; and

(ii)The hours during which liquor may be sold.

[Please note: numbering as in original.]

(1)Safety and security

(a)A licensee must ensure compliance with all applicable legislation.

(b)A licensee must ensure that reasonable and adequate safety and security measures are in place for the protection of patrons by ensuring, amongst others but not limited to, that: —

(i)the storage of goods and equipment and the condition of the premises and any structure thereon do not endanger the lives of patrons inside the premises; and

(ii)there is adequate lighting on the outside of the premises where patrons and staff access and exit the licensed premises.

[Please note: numbering as in original.]

(1)Liquor premises must be weapon free

(a)A licensee must ensure that no weapons or sharp objects are permitted inside on consumption liquor premises.

(b)A licensee may not allow any person to bring a weapon or sharp object onto the licensed premises.

situated before 31 October of the year preceding the year in respect of which the renewal will apply.[Please note: numbering as in original.]

10. Annual renewal of licences

(1)The municipality shall have the right to lodge representations against the automatic renewal of a liquor license within its jurisdictional area where the licensee has, since the last renewal of such license, been the subject of a complaint received by the municipality.

(2)The municipal manager must lodge the representations in writing with the designated liquor officer in whose area the licensed premises are

12. Appeal

A person or judicial entity whose rights are affected by a decision of the municipality in terms of delegated authority may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.[Please note: Numbering as in original.]

13. Offences and penalties

(1)A licensee who contravenes sections 3 and 4 of this by-law commits an offence.

(2)A person who hinders or obstructs an authorized official in the execution of his/her duties commits an offence.

(3)Any person contravening the provisions of this by-law shall upon conviction be liable to:

(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment;

(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued; and

(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as a result of such contravention or failure.

14. Repeal of by-laws

The provisions of any by-law previously promulgated by the municipality or the previously disestablished municipalities are hereby repealed in so far as they relate to matters provided for in this by-law, and insofar as it has been applicable to the municipality by the authorization for the execution of powers and functions in terms of section 84(3) of the Municipal Structures Act, Act 117 of 1998.

15. Short title

This by-law is called the Cederberg Municipality By-law on Liquor Trading Days and Hours and shall come into operation on the date of publication thereof in the Provincial Gazette.

Schedule

Trading hours on licensed premises

Location category (with predominant land use character as indicated below) and licensed premises type		Permitted trading hours
1.	Residential (including single, general and informal residential) areas	On-consumption	Off-consumption
	B&B’s, /guest permitted as of right (i.e. Without need for any separate zoning approval)	11h00 - 23h00	Shebeen only 11h00 -23h00
	B&B's/guest houses/backpackers lodges (whether conference facilities/events/functions centres included or not)
	Pub/bar/tavern/restaurant
	Shebeen
	Nightclub/karaoke bar/place of entertainment/theatres
	Sports and community clubs/service; clubs/amenity facilities/community centres (excluding special events/temporary licenses)
	Hotel	11h00 - 02h00 following day
2.	Local or neighbourhood business areas (including mixed use areas consisting of single/general residential interspersed with business uses - e.g. Areas zoned local business or community use or any other equivalent zoning)	On-consumption	Off-consumption
	B&B's/guest houses/backpackers lodges (whether conference facilities/events/functions centres included or not)	11h00 - 23h00	Shebeen only 11h00 - 23h00
	Pub/bar/tavern/restaurant
	Shebeen
	Nightclub/karaoke bar/place of entertainment/theatres
	Sports and community clubs/service; clubs/amenity facilities/community centres (excluding special events/temporary licenses)	11h00 - 24h00
	Hotel	11h00 - 02h00 following day
	Resort	11h00 - 02h00 following day
	Liquor/bottle stores/wine shops/retail food stores		9h00 - 20h00
3.	General business areas (e.g. areas zoned general business or any other equivalent zoning)	On-consumption	Off-consumption
	B&B's/guest houses/backpackers lodges (whether conference facilities/events/functions centres included or not)	11h00 - 02h00 following day	Shebeen only 11h00 - 02h00 following day
	Pub/bar/tavern/restaurant
	Shebeen
	Nightclub/karaoke bar/place of entertainment/theatres
	Sports and community clubs/service; clubs/amenity facilities/community centres (excluding special events/temporary licenses)
	Liquor/bottle stores/wine shops/retail food stores		09h00 - 20h00
	Resort	11h00 - 02h00 following day
4.	Industrial areas (e.g. areas zoned general industry use or any other equivalent zoning)	On-consumption	Off-consumption
	Pub/bar/tavern/restaurant	11h00 - 02h00 following day	Shebeen only 11h00 - 02h00 following day
	Shebeen
	Nightclub/karaoke bar/place of entertainment/theatres
	Sports and community clubs/service; clubs/amenity facilities/community centres (excluding special events/temporary licenses)
	Liquor/bottle stores/wine shops/retail food stores		09h00 - 20h00
	Resort	11h00 - 02h00 following day
	Winery	11h00 - 02h00 following day	09h00 - 20h00(including Sundays)
5.	Agricultural areas (e.g. areas zoned agriculture or any other equivalent zoning)	On-consumption	Off-consumption
	Guest Accommodation (whether conference facilities/events/function centres included or not)	11h00 - 02h00 following day	Shebeen only 11h00 - 02h00 following day
	Pub/bar/tavern/restaurant
	Shebeen
	Nightclub/karaoke bar/place of entertainment/theatres
	Sports and community clubs/service; clubs/amenity facilities/community centres (excluding special events/temporary licenses)
	Hotel	11h00 - 02h00 following day
	Resort	11h00 - 02h00 following day
	Winery	11h00 - 02h00 following day	09h00 - 20h00(including Sundays)
6.	Small holding or rural area	On-consumption	Off-consumption
	Guest Accommodation (whether conference facilities/events/function centres included or not)	11h00 - 23h00	Shebeen only 11h00 - 23h00
	Pub/bar/tavern/restaurant
	Shebeen
	Nightclub/karaoke bar/place of entertainment/theatres
	Sports and community clubs/service; clubs/amenity facilities/community centres (excluding special events/temporary licenses)
	Hotel
	Resort	11h00 - 02h00 following day
	Winery	11h00 - 24h00	09h00 - 18h00 including Sundays
7.	Other locations	On-consumption	Off-consumption
7.	Vehicles or mobile undertakings used for tourist or entertainment or recreational purposes as per definition of "premises" in section 1, except where the municipality determines otherwise	11h00 - 24h00
8.	Special events or temporary licensed premises	As determined by event permit and/or liquor authority not later than 02h00 the following day

History of this document

30 January 2026 You are here

30 January 2026 You are here

Published in Western Cape Provincial Gazette 9182

Commenced

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Liquor Trading Days and Hours By-law, 2026

Liquor Trading Days and Hours By-law, 2026

Related documents

Liquor Trading Days and Hours By-law, 2026

Preamble

1. Definitions

2. Application of the by-law

3. Trading days and hours for sale and consumption of liquor on licensed premises

4. Trading days and hours for sale of liquor off licensed premises

5. Appointment of authorised officials

6. Determination of licensed premises type

7. Enforcement

8. Application for extended trading hours

9. Obligations of the licensee

10. Annual renewal of licences

12. Appeal

13. Offences and penalties

14. Repeal of by-laws

15. Short title

Schedule

Trading hours on licensed premises

History of this document

Related documents

Repeals