MAJOR CONCERNS/ LIQUOR ACT
WESTERN CAPE LIQUOR AUTHORITY
The new Western Cape Liquor Act was written without the experience, expertise and consideration of the current status of the retail industries and needs at an economically point of view. It was all about “Job Creation” and not to streamline the process. This fact has now a huge effect on legal licence holders and negative consequences on the economy.
There is an enormous Backlog on applications pending. Today there are less liquor licence applications since the 1990’s and since April 2012, and there are after eight years no results in progress to change the current status, while the personnel has more than doubled.
THE LOCAL AUTHORITIES (MUNICIPALITY)
APPLICATIONS LIQUOR LICENCES AND APPLICATIONS FOR EXTENDED TRADING HOURS
Municipality’s behaviour towards liquor licence applications:
Public participation and municipality’s comments on liquor licence applications boils to:
Due to invoking the public interest and municipal comment, applicant’s do not get the required justification of an ability and right to decide what is for the greater good,
The Council or public do not take into consideration who the relevant public are due to: Lack of full understanding not have all the facts;
be swayed by emotion rather than logic; and/or
have been influenced by individual charisma.
Thus there has to be a concern that individuals may not be able to take the ‘right’ decision for themselves, even if considering only their personal perspective in objections.
Politicians and public officials (Specially the ward Councillors) are supposed somehow to rise above their own parochial concerns, which they are currently not doing. The Western Cape Local Government failed so far in all aspects in this regard.
Government officials do not have enough experience in the processing of liquor licence applications and are targeting the legal trade and not the real dangers of illegal unlicenced taverns and venues that are really relevant. It is all about “Votes”
Government officials do not have enough experience and expertise to take decisions regarding Liquor policies, and do not see the bigger picture of the economy, for the far greater good.
Municipalities behaviour towards extended trading hours:
“Reasonable Fair and Constitutional Foundation Principles” under the Foundation Principles, section 6(9)(f) of the By Laws raised enormous concerns, due to the fact that the By Laws do not made provision for applicants or representatives to be able to make replications to the outcome of community consultations and the recommendation of the relevant ward, if negative in terms of section 6(9)(f).
The fact that licence holders have re- applies every year to be able to continue trading till 20:00 or Sundays. This leads to major financial losses by licence holders and huge costs.
Politicians and public officials (Specially the ward Councillors) are supposed somehow to rise above their own parochial concerns, which they are currently not doing. The Western Cape Government failed so far in all aspects in this regard.
“Trading hours” was not theirs to take away in the first place. This was against the Constitution in the first place.