Page 88 - Q&A 2019/2020

Can I object to a new liquor store opening up?

Neo Madlala
June 2019

“I have seen an application in our local newspaper for a new liquor store to
open in our neighbourhood. There are already two liquor outlets close to us.
This store will be very close to my church and the school my grandson attends.
Our church is also of the view that there are too many liquor outlets in our area.
Another liquor store is completely unnecessary. How can we stop this store
from opening up?”

A liquor licence allows an individual or business to manufacture or distribute
liquor. There are various different liquor licences that can be applied for, with the
type of licence granted determining the right to make, distribute or sell liquor.

There are a number of regulatory bodies or authorities nationally that are
responsible for the issuing of liquor licences. A full list can be found at https://
www.thedti.gov.za/business_regulation/nla_regulatory_bodies.jsp. It is also the
relevant authority’s responsibility to ensure that the outlets that sell liquor are
operating in compliance with the law and that no individual sells liquor without
a valid licence or to underage children.

For the owner to open a new liquor store, the owner will have to meet the
requirements of the relevant authority within which jurisdiction the store will be
operated in order to obtain the necessary licence to sell liquor to the public.
To do so, the owner will have to indicate aspects such as the location of the
store and details of the store structure as well as provide a written motivation
why he should receive a licence. He will typically also have to indicate whether
there are any schools or places of worship near the intended store location. The
relevant liquor authority will also have to receive reports from a liquor inspector,
the local municipality and the SAPS. These reports will assist the liquor authority
to decide whether the granting of the liquor licence to the store is in the public
interest or not.
On the other hand, the public is also afforded the opportunity to oppose Litigation
the awarding of a liquor licence by submitting objections to the issuing of a
licence. Members of the community, companies or institutions are allowed to
object to the granting of the licence. An objection can be made in the form
of an affidavit, a statement, a letter or even an email. The important aspect
is that it should provide the full particulars of the person or entity objecting
and should state the reasons for the objection and be filed within the required
timeframes contained in the notice published in the in Provincial Gazette and
local newspaper with the relevant liquor authority. The liquor authority will then
consider all objections received as part of its process of considering whether to
grant the liquor licence or not.

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