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Control of Undertakings that Sell Liquor to the Public By-law, 2015
- Published in Western Cape Provincial Gazette no. 7394 on 22 May 2015
- Commenced on 22 May 2015
- [This is the version of this document from 7 August 2015 and includes any amendments published up to 17 June 2022.]
- [Amended by Rectification Notice (Local Authority Notice 21 of 2015) on 7 August 2015]
PreambleUnder section 156 of the Constitution of the Republic of South Africa, the Swartland Municipality enacts as follows:—
1. DefinitionsIn this by-law, the English text shall prevail in the event of an inconsistency between the different texts, and unless the context indicates otherwise—"agricultural area" means an area predominantly zoned agriculture or any other equivalent use, 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 nonagricultural 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;"Authority" means the Western Cape Liquor Authority established in terms of the Act;"business premises" means a building or land from which business is conducted and includes a shop, supermarket, restaurant, office, financial institution and buildings for similar uses, but does not include a place of assembly, place of entertainment, institution, service station, motor repair garage, industry, industrial hive, noxious trade, risk activity, adult entertainment or bottle store;"closed days" means Christmas Day and Good Friday;"general business area" means an area predominantly zoned general business or any other equivalent use, 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 for, and includes the provision of meals to, 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 a property used as a temporary residential accommodation for transient guests where lodging or meals are provided for compensation, and includes—
2. Purpose of by-law and application
3. Trading days and hours for sale and consumption of liquor on licensed premises
4. Trading days and hours for sale of liquor and consumption off licensed premises
5. Special events and temporary licensesWhere the Authority refers an application for a special events license or a temporary license in terms of section 48 of the Act to the municipality for comments or recommendation, the municipality may recommend a deviation from the trading hours as determined in the Schedule to this by-law.
6. Appointment of authorised officialsThe municipality may appoint any official to implement and enforce the provisions of this by-law.
7. Determination of licensed premises typeWhere the definition or category of any licensed premises type as reflected in items 1 to 6 of the Schedule to this by-law is uncertain or difficult to determine, an authorised official as contemplated in section may determine the definition thereof in order to determine the trading hours applicable thereto.
8. Compliance and enforcement
9. Application for extended trading hours
10. Objection against renewal of licenses
11. AppealA 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 therefor 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.
12. Offences and penalties
13. RepealThe By-law on Liquor Trading Days and Hours as published in Provincial Gazette No 6986 on 20 April 2012 is hereby repealed.
14. Short titleThis by-law shall be known as the Swartland Municipality By-law Relating to the Control of Undertakings that sell Liquor to the Public and shall come into operation on the date of publication hereof in the Provincial Gazette.
History of this By-law
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