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South Africa
GAUTENG PROVINCIAL LEGISLATION OVERVIEWS
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Gauteng Liquor Act, No. 2 of 2003

Long title

To provide for the control of the retail sale and supply of liquor within  the Gauteng Province; to establish the Gauteng Liquor Board, local committees and a Liquor Trade Association; to regulate applications for licences and to provide for public notification and participation; to regulate the granting of licences in respect of different kinds of licences; to prohibit the sale of liquor to certain categories of people; to provide for general matters such as enforcement procedures; and to provide for matter connected therewith.

Table of contents

SECTION TITLE
ARRANGEMENT OF THE ACT
CHAPTER 1. INTRODUCTORY PROVISIONS
1. Definitions
CHAPTER 2. THE LIQUOR BOARD
2. Establishment of the Board
3. Powers and functions of the Board
4. Constitution of the Board
5. Terms of office and remuneration of members
6. Recusal of a member with conflicting interest
7. Vacating of office by members of the Board
8. Meetings and decisions of the Board
9. Minutes of the Board
10. Notices and summonses
11. Accessibility of meetings
12. Staff of the Board
13. Committees to assist the Board
14. Expert and other assistance
15. Delegations
16. Funds of the Board
17. Accounting responsibility
18. Annual Report
19. Establishment of local committees of the Board
20. Constitution of the local committee
21. Powers and Functions of local committee
22. General provisions relating to local committees
CHAPTER 3. APPLICATIONS FOR LICENCES
23. Applications
24. Notice of Application
25. Objections
26. Response by the applicant to objections
27. Hearing of applications
28. Kinds of licences
29. Content of licences
30. Consideration of applications for licences
31. Applications for catering or occasional permits
32. Death or incapacity of an applicant
Issue of Licences and Permits
33. Licences and permits
34. Replacement of licences
35. Incomplete premises
36. Disqualification and other incompetence
CHAPTER 4. GENERAL CONDITIONS FOR LICENCES
37. Conditions for licences and permits
38. Liquor Trade Association
39. Financial and controlling interest
40. Management
41. Nature of premises
42. Nature of business
43. Alterations to and extension of licensed premises
44. Place for sale of liquor
45. Employees
46. Minors
47. Intoxicated persons
48. Records
49. Furnishing of information and documents
50. Quality of liquor
Special Conditions Applicable to on Consumption Licences
Overall conditions
51. Place for consumption of liquor
Hotel Liquor Licences
52. Nature of business
53. Times of business
Restaurant Liquor Licence
54. Nature of business
55. Times of business
Theatre Liquor Licences
56. Nature of business
57. Times of business
Club Liquor Licences
58. Nature of business
59. Times of business
60. Records
Tavern Liquor Licences
61. Nature of business
62. Times of business
Pool Club Licence
63. Nature of business
64. Times of business
Dance Hall Liquor Licences
65. Nature of business
66. Times of business
Pub Liquor Licences
67. Nature of business
68. Times of business

Gauteng Premises Liquor Licences
69. Nature of business
70. Times of business
Gaming Premises Liquor Licences
71. Nature of business
72. Times of business
Sorghum Beer Licences
73. Nature of business
74. Times of business

Catering or Occasional Permit
75. Nature of business
76. Times of business

Sport Club Liquor Licence
77. Nature of business
78. Times of business
Special Conditions Applicable to Off-Consumption Licences
Overall Conditions
79.80. Place for consumption of liquor
80. Delivery of liquor
81. Wholesale Liquor Licences
82. Nature of business
83. Times of business
Supply of liquor for on consumption
Micro Manufacturers Licences
84. Nature of business
85. Times of business
86. Supply of liquor for on consumption
Liquor Store Licences
87. Capacity and conditions of receptacles
88. Times of business
89. Supply of liquor for on consumption
Grocer’s Wine Licences
90. Nature of business
91. Kind of liquor
92. Capacity and condition of receptacles
93. Times of business
Validity of Licences and Permits
Sorghum Beer Licences (Off Consumption)
94. Capacity and condition of receptacles
95. Nature of business
96. Times of business
97. Commencement of licences and permits
98. Renewal of licences
99. Lapse of licences and permits
100. Restoration of lapsed licences
101. Sale of liquor after lapse or suspension of licences
102. Fees not refundable
Transport of Licences and Permits
103. Non transferability of permits
104. Applications for transfer of a licence
CHAPTER 5. ENFORCEMENT AND JUDICIAL PROCEEDINGS
Sanction by the Board
105. Investigation by the Inspectorate
106. Inquiry by the Board
107. Sanctions by the Board
Inspections
108. Appointment of inspectors
109. Powers and duties of inspectors
110. Entry with warrant
111. Entry without warrant
112. Use of force
113. Inspector may be accompanied
114. Duty to produce documents
115. Duty to answer questions and assist inspector
116. Non compliance notices
117. Closing of licensed and other premises
118. Reports on applications
119. Reports on certain licences and premises
120. Reports on certain convictions
Seizure
121. Seizure
CHAPTER 6. COSTS
122. Costs incurred by Board
CHAPTER 7. PROHIBITED AND CONTROLLED LIQUIDS
123. Prohibited concoctions and drinks
124. Methylated spirit
CHAPTER 8. EXEMPTIONS
125. Exemptions by declaration of the Board
126. Exemption from the provisions of the Act
CHAPTER 9. OFFENCES AND PENALTIES
127. Offences in general
128. Offences regarding information
129. Offences regarding meetings of Board
130. Offences regarding inspectors and police officers
131. Offences regarding liquor trade
132. Offences by licensees in general
133. Penalties
Evidential and Procedural Matters
134. Proof of sale of liquor
135. Proof that person belongs to particular category
136. Proof of licences and certain conditions
137. Presumption of sale from nature of transactions
138. Presumption regarding prohibited concoctions and drinks
CHAPTER 10. MISCELLANEOUS MATTERS
139. Copies of records and other documents
140. Condonation of defective applications
141 Regulations
Transitional Provisions
142. Continuation of certain pending matters
143. Validity of licences
144. Short title and commencement

Legislation Text Access Point

Versions
To check whether a version is commenced, see our Timeline for, or our annotations to, the Act
Links
As unamended LINK
As amended by Act gp_2003_009_000 LINK
As amended by Act gp_2006_006_000 LINK
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