City to invite public comment on proposed new liquor by-law

The City may adopt an entirely new by-law for controlling the sale of liquor in Cape Town, in order to better address concerns about the existing by-law which have been raised by residents and businesses. Read more below:

As part of our commitment to building an Opportunity City, the City of Cape Town seeks to consistently take heed of our residents’ concerns. The by-laws of the City are living documents and the City must respond to changes in the social and economic environment where appropriate.

As such, the City’s Economic, Environmental and Spatial Planning (EESP) Portfolio Committee today, 13 August 2013, considered proposed amendments to the City’s existing Liquor Trading Days and Hours By-law that could pave the way for the consideration and adoption of a new by-law. This new by-law would be known as: the Control of Undertakings that Sell Liquor to the Public By-law (2013).

The proposed amendments take into consideration input received during a first round of public participation which commenced in April and ended on 20 May 2013; as well as input from a multi-disciplinary Technical Team that reconsidered a number of aspects of the existing by-law. The proposed amendments have a significant impact on the current Liquor Trading Days and Hours By-law. This might make it necessary to introduce a new, more comprehensive by-law, pending the outcome of a public participation process.

The proposed new by-law will therefore undergo a thorough public participation process commencing in September 2013 for a 30-day period. The draft by-law will be made available for viewing at the City’s libraries and Subcouncil offices. Electronic copies will also be available on the City’s website, at www.capetown.gov.za/haveyoursay Interested parties are requested to please submit their comments in writing via one of the following channels:

  • Electronically, at www.capetown.gov.za/haveyoursay
  • Via e-mail to Liquor.bylaw@capetown.gov.za
  • By post to City of Cape Town, P.O. Box 298, Cape Town, 8000
  • Hand delivery to the Manager: Support and Services Coordination (Attention: Gavin van Schalkwyk), Strategic Support, 13th Floor, Tower Block, Civic Centre, Hertzog Boulevard
  • By fax to 021 400 4483

The new draft by-law, if it comes into effect, will be the product of a series of interactions with interested and affected parties, and will incorporate comments from members of the industry and the public that were received during the first round of public comments. It would also repeal all existing by-laws concerned with the sale of liquor. Further, the new by-law would be guided by a policy to assist with its implementation and administration as it applies to establishments that do business in formal and informal areas.

“The possible new by-law would aim to improve the City’s ability to regulate the sale of alcohol within its boundaries and will form an important component of pursuing a balanced approach to responding to the problem of high-risk alcohol use without causing job losses and threatening the local economy. The EESP Portfolio Committee also recommended that consideration be given for the development of an Integrated Strategy aimed at reducing irresponsible practices involving the sale and consumption of alcohol,” said the City’s Mayoral Committee Member for Economic, Environmental and Spatial Planning, Councillor Garreth Bloor.

Summary of the proposed new by-law

The proposed new by-law will allow for applications from licensed off-consumption businesses for the right to trade on Sundays and to extend their trading hours within certain limits. It also makes provision for licensed on-consumption businesses that are not in residential areas to apply for extended trading hours within certain limits. Other key issues of the proposed new draft by-law include:

  • The responsibility of on-consumption licensees to ensure that no alcohol is consumed on their premises beyond permitted selling times.
  • Suspension, amendment and revocation of the previous Trading Days and Hours approved by the City.
  • Seizure of liquor and temporary closure, including the prevention of the sale of liquor, by licensees.
  • Duties of licensees in respect of certain signage relating to zoning and permitted trading hours, safety and security, and nuisances

Issued by: Integrated Strategic Communication and Branding Department, City of Cape Town via CCID

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