29/03/2022
Many owners of liquor licenses issued by the Western Cape Liquor Authority (WCLA) would recently have received a notification relating to Section 64 of the Western Cape Liquor Act and in particular that the provisions of the section will be implemented by the WCLA. Due to the dire consequences the application of this section may result in, we believe that it is imperative that due attention is given to this notification and our aim is to provide some clarity herewith. In terms of Section 63 of the act, licenses can be automatically renewed upon receipt of a renewal notice, to be issued by the WCLA and payment of the renewal fee, before 31 December of each year, in which instance the license will be valid until 31 December of the following year. Section 64 provides however, that in certain circumstances, automatic renewal will not be allowed. Such circumstances include failure by the license holder to adhere to the conditions of its license, failure to comply with the act or regulations and in instances where compliance notices have been issued to such licensee. The licensee will be notified by the WCLA before 31 July of each year that its license will not be automatically renewed. The licensee receiving such notice should apply, in the prescribed manner, to the WCLA to have its license renewed and should duly motivate the application, before 30 September of that year. Should the WCLA favourably consider the application , the renewal fee must be paid before 31 December. If the application is refused, the license will lapse on 31 December and the licensee shall have to apply to the WCLA for a new license. Kindly note that Section 64 is not an amendment to the act, but that the WCLA has not applied the section before as it intends to do now. It is clear that failure by a licensee to adhere to the conditions of its license and the act, could have dire consequences and should each licensee take extreme care that no transgressions occur. Should you require more information or assistance, please do not hesitate to contact our offices.
