The Minister of Community Safety, Albert Fritz, welcomes the 190 investigations conducted by the Western Cape Liquor Authority (WCLA) into allegations of contraventions of the National Disaster Management Act's regulations between 27 March 2020 and 16 October 2020. Of which, 49 licenses have been suspended.
Of the 190 investigations, 73 section 71 matters were placed on the Liquor Licensing Tribunal's (LLT) case roll, of which:
49 licences were suspended;
21 applications were dismissed; and
3 applications are pending.
Minister Fritz said, "I welcome the WCLA's consistent efforts to reduce alcohol related harms through rigorous investigations conducted across the province and metro. Each investigator and official within the authority are to be commended on their sterling efforts."
Of the 49 licences that were suspended, 49 section 71(4) return hearings and 13 section 20 considerations took place, of which it was deemed that there was an imminent threat to the health, wellbeing or safety of the public and:
One licence was revoked after finalisation of a section 20 consideration, while 46 suspensions were lifted by the LLT;
Two suspensions were lifted, one in the Western Cape High Court and one through an internal Appeal Tribunal proceeding; and
There are no return hearings pending.
Minister Fritz said, "Sixty-three Covid-19 related section 20 and section 62 (4) matters were forwarded to the LLT of which one licence was revoked and four applications dismissed. In three matters, the licensee was issued with stricter conditions. Three licences were suspended. In 16 matters fines, to the amount of R1 901 220 were issued, of which an amount of R1 001 220 was suspended for a period of 24 months on condition that the licence holder does not contravene the Western Cape Liquor Act and licence conditions again during this period. Thirty-six matters are pending."
New Western Cape licensing fee tariffs
Minister Fritz said, "As part of the revision of licensing fees, the Department of Community Safety as the custodial department of the WCLA, has published the 2020 licensing fee amendments in the Provincial Government Gazette. This process includes a public participation period where all relevant parties are granted the opportunity to provide inputs. I encourage members of the public and key stakeholders to submit their comments. It should be noted that this process is conducted annually and is not to be confused with the amendments to the Western Cape Liquor Act."
The Government Gazette publication includes the proposed new fee tariffs, which is relevant to all liquor license holders in the Western Cape. A copy of the published Government Gazette can be obtained by visiting the WCLA's website at www.wcla.gov.za or can be requested via email at Liquor.Enquiries@wcla.gov.za
The public participation period commenced on Friday 16 October and will conclude on Wednesday 28 October. All correspondence in this regard should be directed to Adv. JC Gerber at the Department of Community Safety via the following platforms:
Post: Adv. JC Gerber SC, Department of Community Safety, PO Box 5346, Cape Town 8000
Email: Jan.Gerber@westerncape.gov.za (subject line to clearly indicate: WCLA INCREASE IN LIQUOR LICENSE FEES)
Fax: 086 531 4283 (Tel no: 021 - 483 6993)
Hand delivery: Adv. JC Gerber SC, Department of Community Safety, Reception at Ground Floor, 35 Wale Street, Cape Town