Overview

Issuing of liquor licenses is enshrined in the Free State Gambling and Liquor Act 2010, Act 6 of 2010, specifically sections 27, 28 to 400. The different kinds of registration certificates which may be issued for the sale and supply of methylated spirits and liquor are:

• Accommodation establishment
• Restaurant
• Club
• Tavern
• Special events
• Gambling; or
• Night club registration certificates

For consumption off the registered premises concerned; namely

• Liquor store registration certificate;
• Grocer wine registration certificate;
• Micro-manufacturer of liquor registration certificate;
• Sale of methylated spirits registration certificate;
• Micro-manufacturer of methylated spirits registration certificate; or
• Special events registration certificate.

Submission of a complete application does not however guarantee a license; the Authority must further consider the application, relating to the following criteria:

The applicant’s proposed contribution to combating alcohol abuse, including whether the applicant has subscribed to any industry code of conduct approved by the National Minister as contemplated in section 13(1)(b) of the National Liquor Act. The extent to which the proposed registration may materially restrict or promote:

• New entrants to the liquor industry;
• Job creation within the liquor industry;
• Diversity of ownership within the liquor industry;
• Efficiency of operation of the liquor industry; or
• Competition within the liquor industry.

For a micro-manufacturing registration, the Authority may consider the applicant’s commitment to black economic empowerment. When considering application for registration, the Authority may also take due regard of issues of:

• Public interest;
• Proximity of the proposed premises to institutions of learning, places of worship and existing outlets;
• The ratio of population vis-à-vis the number of outlets in the relevant ward;
• The report of the relevant municipality received in terms of section 31; and
• The reports, views, comments and objections contemplated in section 31 (4) to 35

After considering the application and all relevant factors the Authority may either:

• Register the applicant; or
• Refuse to register the applicant.