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South Africa
KWAZULU-NATAL PROVINCIAL LEGISLATION OVERVIEWS
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KwaZulu-Natal Liquor Licensing Act, No. 6 of 2010

Long title


To provide for the regulation, control and licensing of the retail sale and micro-manufacture of liquor in the Province of KwaZulu-Natal; to provide for the establishment of the KwaZulu-Natal Liquor Authority and local committees for the Liquor Authority; to provide for the appointment of inspectors and their powers and duties; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

TABLE OF CONTENTS

CHAPTER 1. INTRODUCTION
1. Definitions
2. Objects of Act
3. Exemptions
4. Functions of responsible Member of Executive Council
CHAPTER 2. KWAZULU-NATAL LIQUOR AUTHORITY
5. Establishment of Liquor Authority
6. Objects of Liquor Authority
7. Powers, duties and functions of Liquor Authority
8. Composition of Liquor Authority
9. Disqualification from being appointed to Liquor Authority
10. Declaration of financial or other interests of members of Liquor Authority
11. Failure to declare financial or other interests by member of Liquor Authority
12. Term of office and reappointment of Liquor Authority
13. Vacancies, removal and resignation from office of members of Liquor Authority
14. Temporary suspension of member of Liquor Authority
15. Meetings and procedure at meetings of Liquor Authority
16. Establishment of committees to assist Liquor Authority
17. Recusal of member from meetings and proceedings of Liquor Authority
18. Remuneration of members of Liquor Authority
19. Expert and other assistance
20. Confidentiality
21. Delegation of powers, duties and functions
CHAPTER 3. CHIEF EXECUTIVE OFFICER AND OTHER STAFF OF KWAZULU-NATAL LIQUOR AUTHORITY
22. Appointment of Chief Executive Officer of KwaZulu Natal Liquor Authority
23. Function of Chief Executive Officer
24. Staff of Liquor Authority
25. Secondment of staff to Liquor Authority
26. Conflict of interest
CHAPTER 4. FUNDING AND FINANCIAL MANAGEMENT OF LIQUOR AUTHORITY
27. Funds of Liquor Authority
28. Financial management
29. Audit and annual report
CHAPTER 5. LOCAL COMMITTEES
30. Establishment of local committees
31. Powers and functions of local committees
32. Composition of local committees
33. Appointment of members of local committees
34. Remuneration of members of local committees
35. Filling of vacancies
36. Meetings of local committees
37. General provisions relating to local committees
CHAPTER 6. LICENSING PROCEDURE
Part 1. General
38. Compulsory Licensing
39. Categories of licences and permits
40. Disqualification
Part 2. Applications for licences for the retail sale of liquor for consumption on and off the premises
41. Applications
42. Notice of application
43. Objections and representations
44. Non-compliance with notification and publication
45. Inspections
46. Consideration of application by local committee
47. Objection hearings
48. Consideration of applications by Liquor Authority
49. Conditional approvals
50. Special conditions
51. Communication of decision
Part 3. Applications for a special events permit
52. Applications
53. Consideration of applications by Liquor Authority
54. Communication of decision
Part 4. Applications for a micro-manufacturer's licence
55. Applications
56. Inspections
57. Consideration of applications by Liquor Authority
58. Conditional approvals
59. Communication of decision
60. Special conditions
60A. Methylated spirits [...inserted by Act kz_2013_003_003_20140213]
Part 5. Appeals
61. Appeals against decisions of Liquor Authority
Part 6. Licencing
62. Licence certificate or permit
63. Effects of licensing
64. Annual fee
65. Cancellation of licence on grounds of disqualification
66. Cancellation of licence due to non-trading
Part 7. Voluntary surrender, death or incapacity of the licence holder or applicant who is the holder of a conditional grant, prospective holders or permit holder and transfer of financial interests
67. Voluntary surrender of liquor licence and winding-up or dissolution
68. Death or incapacity of certain licensed persons, or applicants who are holders of conditional grants, or prospective holders or permit holders
69. Transfer of financial interests
Part 8. Payment into Provincial Revenue Fund
70. Payment of fees into Provincial Revenue Fund
CHAPTER 7. PROVISIONS APPLICABLE TO LICENSED PERSONS
71. Deliveries
72. Alteration of licensed premises or nature of business
73. Storage of Liquor
74. Transfer of licence to the prospective holder
75. Removal of licence from licensed premises to other premises
76. Prohibition on sale and supply of liquor or methylated spirits to certain persons[...Title amended by Act kz_2013_003_004(a)_20140213 - was entitled "Prohibition on sale or supply of liquor to certain persons"]
77. Management of business
78. Trading days and trading hours
79. Limitations on employers
80. Place of sale
CHAPTER 8. INSPECTORS, COMPLAINTS AND COMPLIANCE
Part 1. Inspectors
81. Appointment of inspectors
82. Functions of inspectors
83. Entry with warrant
84. Entry without warrant
85. Use of force
86. Inspector may be accompanied
87. Duty to produce documents
88. Duty to answer questions and assist inspector
Part 2. Complaints and Compliance
89. Compliance notices
90. Interim order of suspension
91. Effective date of cancellation
CHAPTER 9. LAW ENFORCEMENT AND JUDICIAL PROCEEDINGS
Part 1. Prohibited and controlled liquids
92. Prohibition of sale and micro-manufacture of unhealthy concoctions
Part 2. Offences and penalties
93. General offences
94. Offences regarding hearings of Liquor Authority
95. Service stations
96. Penalties
Part 3. Cancellation of licence certificate or permit on conviction
97. Production of licence certificate or permit in court
98. Cancellation of licence or permit on conviction
CHAPTER 10. GENERAL PROVISIONS
99. Regulations
100. Repeal of laws
101. Conversion of licences, approvals, notices and determinations
102. Transitional arrangements and validation
103. Short title and commencement
Sch. 1. SCHEDULE 1. REPEAL OF LAWS (Section 100) 

Part A. National legislation within the functional area of exclusive provincial legislative competence in terms of Schedule 5 to the Constitution

Part B. Enactments of the former KwaZulu Legislative Assembly

Part C. Regulations made in terms of section 182 of the Liquor Act, 1989 (Act No. 27 of 1989) 
Sch. 2.  SCHEDULE 2. CONVERSION OF LICENCES, APPROVALS, NOTICES AND DETERMINATIONS (Section 101)
Sch. 3.  SCHEDULE 3. TRADING DAYS AND TRADING HOURS (Section 78)

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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As unamended Act kz_2010_006_000_20110203 EXT.LINK N/A
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