When must a Licence Holder appoint a Manager
In terms of Section 52 of The Liquor Act you may appoint a manager. Keep in mind section 52 read as follow, “ A licence holder “May Appoint” You do not need to appoint a manager, by appointing a manager it can also have serious negative consequences. Because in terms if the Act, the manager has the same responsibilities as the licence holder. One of your responsibilities as a licence holder is to keep records of liquor sales for three years. If your manager do not have the responsibility of keeping records for your liquor sales after your accountant has submitted your yearly financial statement, then he do not have your responsibilities, so only this one point of many already said it all.
When your liquor Licence is registered under a Company, (PTY, CC or Trust) then one of the members or Directors involved in the business needs to be appointed as a manger because a company cannot be criminally liable. That is what a manager is all about. Most of the police officers and inspectors do not have legal expertise or real experience in this field.
Police officers and Inspectors always instruct licence holders to appoint a manager when a licence holder is not on the premises. That is NOT TRUE!!! You can tell anybody I said so, because this is not correct. According to Section 52(1) the act clearly indicates that the Tribunal has to appoint a person as a manager when you specifically apply for a new licence in terms of section 36.
When a licence is on your personnel name (Sole Proprietor, or partnership, and the licence is register on your direct names, in other words a “natural person”) you also do not need to appoint anybody. You as a licence holder are already liable in terms of Section 83 of the liquor Act. Only appoint a manager if you can trust that person.
I am not going to go in much detail about this, but if you need any assistance or advice, contact me,
I do not charge consultant fees for advice or any consultations. I only charge for applications.