Repealed

This by-law was repealed on 17 January 2014 by Control of Undertakings that Sell Liquor to the public By-law, 2013.

City of Cape Town: Liquor Trading Days and Hours By-law, 2010 as amended

Published in Province of Western Cape: Provincial Gazette no. 6788 on 10 September 2010

  1. Amended by Liquor Trading Days and Hours By-law, 2012 on 26 April 2012
WHEREAS 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 days and hours for all licensed premises, businesses or outlet situated within the City of Cape Town that sell liquor to the public; AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:-

1. Definitions

(1) In this By–Law, 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, without causing a significant negative impact on the primary agricultural resource;
"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;
"City of Cape Town" means the City of Cape Town established by the City of Cape Town Establishment Notice published in Provincial Notice No. 479 of 2000, as amended, and "City" has a corresponding meaning;
"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;
"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 or restaurants forming part of the hotel; (b) conference and entertainment facilities that are subservient and ancillary to the dominant use of the premises as a hotel; and (c) premises which are 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 any person who is licensed to sell liquor in terms of the Act and includes any licensed premises, business, outlet or land use activity from which liquor is sold;
"liquor" means liquor as defined in section 1 of the Act as amended;
"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;
"place of entertainment" means a place used predominantly for commercial entertainment which may attract relatively large numbers of people, operate outside normal business hours or generate noise from 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;
"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;
"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;
"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;
"the Act" means the Western Cape Liquor Act, 2008 (Act No. 4 of 2008) as amended;
"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.
"zoned" means zoned 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 City of Cape Town. 4
(2) In this By-law, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Act has that meaning.

1A. Application of the by-law

This By-law applies to all- (a) licensees, licenced to sell liquor in terms of the Act or any other applicable legislation; (b) licences renewed in terms of the Liquor Act b1989 (Act No.27 0f 1989) within the jurisdiction of the City of Cape Town

2. 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 (b) during the hours of trade as set out in the Schedule;
(2) Despite subsection (1)a hotel or guest accommodation establishment 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 0800 to 1100 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.

3. 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, provided such exception does not apply to a winery; and (b) from 0900 to 1800.

4. Transitional provision

(1) Subject to the provisions of the Act, trading hours applicable to a liquor license issued before the commencement of this By-law shall continue to apply until such license is renewed in terms of the Act.
(2) The trading hours referred to in subsection (1) shall be valid until the license has lapsed as contemplated in section 62(2) of the Act.

4A. Application for the extension of trading hours

(1) Notwithstanding the trading hours determined in section 2, a licensee of a premises contained in categories 3 and 4 of the Schedule, where liquor is sold for consumption on the premises may, upon payment of the required fee, submit an application to the Council for an extension of the hours during which they may trade.
(2) Council, in considering the application referred to in subsection (1) shall take into account the following factors: (a) outcome of community consultation; (b) impact on the environment; (c) any other relevant factor.

5. Offences and penalties

(1) A licensee who contravenes sections 2 and 3 of this By-law commits an offence.
(2) A licensee who commits an offence referred to in subsection (1) is, on conviction, liable for a fine as the court may deem fit to impose or to a term of imprisonment not exceeding three years, or to both such fine and such imprisonment.
(3) Any person who commits a continuing offence shall be guilty of an offence for each day during which that person fails to comply with this By-law.
(4) A court convicting a person of an offence under this By-law may impose alternative sentencing in place of a fine or imprisonment.

6. Short title

This by-law is called the City of Cape Town Liquor Trading Days and Hours t By- Law, 2010 as amended.

Schedule

Trading hours for selling of liquor on licensed premises

Location category & licensed premises type Maximum permitted trading hours
1. Residential area
Guest accommodation establishment 11:00 – 23:00
Business premises
Place of entertainment
Sports and community club excluding special events requiring temporary licences
Hotel 11:00 – 02:00 following day
Casino
2. Local or neighbourhood business area including mixed use areas
Guest accommodation establishment 11:00 – 23:00
Business premises
Place of entertainment
Sports and community club excluding special events requiring temporary licences 11:00 – 24:00
Hotel 11:00 – 02:00 following day
Casino
3. General business area
Guest accommodation establishment 11:00 – 02:00 following day
Business premises
Place of entertainment
Sports and community club excluding special events requiring temporary licences
Hotel
Casino
4. Industrial area
Business premises 11:00 – 02:00 following day
Place of entertainment
Sports and community club excluding special events requiring temporary licences
5. Agricultural area
Guest accommodation establishment 11:00 – 02:00 following day
Business premises
Place of entertainment
Sports and community club excluding special events requiring temporary licences
Winery
Hotel
6. Small holding or rural area
Guest accommodation establishment 11:00 – 24:00
Business premises
Place of entertainment 11:00 – 24:00
Sports and community club excluding special events requiring temporary licences
Winery
7. Other ad-hoc locations
Vehicles or mobile undertakings used for tourist or entertainment or recreational purposes as per definition of ‘premises’ in section 1 of the Act, except where City of Cape Town Special Events By-law determines otherwise 1100 – 2400
Special events or temporary licensed premises As determined by event permit

Note: Determination of applicable location category

Where the location category as set out above is unclear or in dispute or difficult to determine or areas are not zoned homogeneously (e.g. a business zoned premises in the middle of a residential area), the actual zoning, consent or departure use rights of the subject licensed premises will take precedence in order to determine the category.