Swartland Municipality draft by-law on liquor trading days and hours

Friday, 9 December, 2011
Cluver Markotter Incorporated
The Swartland Municipality has published its draft by-law on liquor trading days and hours for public comment. Interested parties have until the 3rd of January to submit comments on the draft by-law.
The by-law makes provision for the sale of liquor for consumption elsewhere i.e. in liquor stores, wine shops and supermarkets on Monday to Saturday from 09h00 to 18h00.

It does contain an exception which allows wineries to also sell on Sundays during the abovementioned hours.

According to Danie Cronjé, the Director of Liquor Law Services at Cluver Markotter Incorporated, he expects a challenge to this provision from operators of wine shops and supermarkets who will argue that there is no reason why wineries should be allowed to sell wine on Sunday whereas they would not be allowed to sell the same wine in their outlets on Sunday.

The by-law makes provision for the sale of liquor for consumption on the premises, for example in restaurants, guesthouses and hotels, from 11h00 until 02h00.

In areas which are zoned residential or includes residential properties, these hours are limited to 23h00.

Hotels will be allowed to sell until 02h00 and will also be allowed to sell liquor by way of room service 24 hours a day.

The by-law also specifically makes provision for the sale of sparkling wine as part of a meal during an organised function from 08h00 to 11h00 Monday to Sunday.

According to Cronjé some of the distinctions in the by-law appear to be arbitrary.

A guesthouse in a residential area may only sell liquor until 23h00 but a hotel in a residential area may sell until 02h00.

A guesthouse or restaurant in an area which includes businesses and residential properties may sell until 23h00 but a sports and community club in the same area my may sell until 24h00.

Cronjé also foresees problems with distinctions based on zoning, “It is not necessarily the best indicator of how the proposed business will affect other persons or premises”.