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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 30 September 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—(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;(c)premises which are licensed to sell alcoholic beverages 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 use, 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;"licensed premises" means any place, land, building or part of a building in respect of which a license has been issued by the Authority in terms of the Act and includes a vehicle or vessel which is mainly used for the conveyance of tourists or passengers;"liquor" means liquor as defined in section 1 of the Act;"neighbourhood business area" means an area predominantly zoned neighbourhood business or mixed use or any other equivalent use, with the purpose to accommodate low intensity commercial and mixed use development serving local needs of convenience goods, personal service or small scale business nature or serve as an interface between general business, industrial and adjacent residential area;"nuisance" means any act or omission or condition on any premises, vehicle, street or public place, including any building, structure, vehicle or vessel which is offensive or dangerous, or which interferes with the ordinary comfort, convenience, peace or quiet of other people or which may adversely affect the safety or comfort of people;"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;"residential area" means an area predominantly zoned residential or general residential or any other equivalent use, 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;"small holding" 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;"sparkling wine" means an effervescent wine resulting from the fermentation of grapes, whether by natural or artificial process, and includes champagne;"special event" means a fundraising event in aid of an educational or welfare organisation, any exhibition, sports meeting, cultural meeting or artistic performance;"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;"temporary license" means a temporary license issued by the Authority to—(a)the holder of an on consumption license; or(b)in exceptional circumstances, the holder of an on and off consumption license;"Swartland Municipality" means the Swartland Municipality established by the Establish Notice published in Provincial Notice No. 5589 of 2000, as amended, and "Municipality" has a corresponding meaning;"the Act" means the Western Cape Liquor Act, 2008 (Act No. 4 of 2008);"weekday" a day of the week, excluding Saturday and Sunday;"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, wine sales and 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)restaurants and other food services; or(b)subsidiary retail facilities to tours or visitors"wine shop" means a place or premises where alcoholic products as listed in section 1 of the Liquor Products Act, 1989, (Act 60 of 1989) may be tasted and sold for consumption off the premises;[definition of "wine shop" replaced by section 2(c) of LAN 21 of 2015]"zoning", when used as a noun, means a category of directions regulating the development of land and setting out the purposes for which the land may be used and the land use or land use provisions applicable in respect of the said category of directions, as determined by the Zoning Scheme;"zoning scheme" means zoning scheme regulations which have been approved in terms of the Landuse Planning Ordinance, Ordinance 15 of 1985 and the zoning map and register.
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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