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Why Do Businesses in South Africa Need a Certificate, License, or Permit?

Section 24 of the Bill of Rights in the South African Constitution guarantees every individual the right to an environment that is not harmful to their health or well-being. To support this right, businesses must obtain the required certificates, licenses, and permits. Without these essential documents, businesses cannot operate legally in South Africa.

At Licentia Franchise SA, we are dedicated to helping you navigate the regulatory framework, ensuring that your business adheres to legal standards and contributes positively to the community.

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Business Licenses

Business Trade License

A Business License allows you to establish a particular business in a specified area. The license also ensures that your business and the business premises meet all of the building regulations, public safety, and health requirements. Trading without a valid Business Trade License is a punishable offense.

Certificate of Acceptability

A Certificate of Acceptability (COA) is a food handling business permit that confirms that a food “handling” Business is conforming to basic food safety and hygiene requirements. It is important to note that it is mandatory to have a certificate of acceptability issued under regulation R638 of 2018 if a Business handles any type of food that is included in the scope of the regulation.

Fire Compliance Certificate

Any Business premises in South Africa shall comply with the Fire Protection and Compliance as prescribed by SANS 10400. Part T (1) and (2): 2020: Fire Protection.
A Fire Protection Certificate is issued after a building has been erected, and complies with all building regulations, may it be Industrial, Commercial, or Residential. The Fire Protection Certificate is for the Building and not the Business. Therefore every Business in South Africa shall apply for a Fire Compliance Certificate relating to such a Business and not the Building.

Petroleum License

Fuel Site and Retailer
Any person or business selling prescribed petroleum products (FDuel Stations) to members of the public requires a “Site License” (The Storage of Petroleum Products on Site) and “Retail” (Retail sale occurs when a Business sells a product or service to an individual consumer for his or her use). A retailer is allowed to purchase petroleum products from licensed manufacturers or wholesalers only.

Fuel Wholesale
Any person or business that purchases and sells prescribed petroleum products in bulk (1500 liters or more, per transaction of petroleum products) from or to a licensed manufacturer, from or to a licensed wholesaler, or licensed retailer, or also sells prescribed petroleum products to end consumer for own consumption. Wholesale licenses may be applied for with storage facilities or without storage facilities.

Population Certificate

Prevention and control of overcrowding in “Specific Businesses” (Any Business premises that caters food and or alcohol for consumption on the premises, including but not limited to Restaurants, Night Clubs, Bars, Tavern, Accommodation Facilities, and Entertainment or Public Assembly) in South Africa for Public Safety, is directly interpreted as the presence of more people in a space that is comfortable, safe, or permissible by law.

Sampra

The communication of sound recordings to the public is a restricted activity and requires a license from SAMPRA for the use of sound recordings in its repertoire. SAMPRA regulates the use of music and sound recordings to the public in shops and stores.

Samro

SAMRO’s primary role is to administer Performing Rights on behalf of SAMRO members. They do so by licensing music users, through the collection of license fees which are then distributed as royalties.

Liquor Licences

Retail Liquor License

A Retail Liquor License is a governmentally issued permit, for each province in South Africa to sell Liquor for On and or Off-Consumption, manufacture, or otherwise use alcohol, to the general public.

Wholesale Liquor License

A Wholesale Liquor Registration is issued to a person or a company that intends to sell and distribute liquor products within the Republic as a wholesaler or manufacturer, only to other liquor license holders. This Liquor Licence Registration DOES NOT allow the holder to sell liquor to retail customers.

Business Registrations

Companies and Intellectual Property Commission (C.I.P.C.)
Entity Registrations

C.I.P.C. stands for the Companies Intellectual Property Commission. Previously known as CIPRO. This is the body that governs all registered entities in South Africa i.e. Sole Proprietors, Closed Corporations, Public Companies, Private Companies, Non-Profitable Organizations, External Companies, and Incorporated Companies in terms of the Companies Act (Act 7 of 2017).

The C.I.P.C.does registration of companies, co-operatives, and intellectual property rights (trademarks, patents, designs, and copyright) and the maintenance thereof. Disclosure of Information on its business registers. Promotion of education and awareness of Company and Intellectual Property Law.

Client Endorsements

It can be difficult to run a business at times, but with the assistance of Licentia Franchise SA, I never have to worry about maintaining compliance. For all of my next ambitions, Licentia Franchise SA will be my preferred option. There professionalism when it comes to handling there clients is what makes them the best of the best.

Since they are the best in their industry, I sincerely endorse Licentia Franchise SA.

N.M. Makhubedu (Darius) Gambling Gaming Slots Entrepeneur

I highly advise using Licentia Franchise SA since they are the best consulting firm I have ever worked with. To make sure that my businesses constantly comply with the law, Licentia consistently provide excellent legal knowledge. Because of Licentia's professionalism, I can always count on my licenses to be up to date.

I hereby endorse Licentia since they are the best at what they do!

Francois Steyn Hoofkantoor
Hoofkantoor Sig

As the best consulting company I have ever worked with, I highly suggest Licentia Franchise SA. Licentia consistently provides top-notch legal information to ensure that my enterprises always remain compliant. Licentia constantly ensures that my licenses are up to date because of their professionalism.

Since Licentia is the greatest at what they do, I hereby suggest them to everyone!

D.M. Mahlangu Exotic Braai

Licentia Franchise SA is the best consulting firm I have ever worked with. They make sure that my businesses are constantly in compliance, Licentia consistently offers excellent legal knowledge. Licentia are proffesionals.

I hereby recommend Licentia to everyone because they are the best at what they do!

Victor Lopes Denesig Liquor

I would like to take this opportunity to recommend Licentia Franchise SA as the best consulting firm that I have worked with. Mr Oliver and the Licentia Team have provided excellent legal information pertaining to all our Restaurant Licenses and have streamlined our processes and saved the company money and time. Licentia keeps us updated on any new developments about the Licensing and Operation of the Business when it comes to operating the Restaurant within the boundaries of the law. Because of their professionalism in ensuring that my licenses are thorough and current. They make sure my restaurant remains compliant.

Utilizing Licentia Franchise SA is strongly advised.

Marieta Silver & Samantha Basson Dros Middelburg

I endorse Licentia Franchise SA as the best consulting firm I have ever had the pleasure of working with. Licentia continually offers excellent legal information to make sure that my businesses are always compliant. Any new developments that may imporve the compliance of my firm are always communicated to us by Licentia. Because of their professionalism, Licentia always make sure that my licenses are current.

Licentia is the best at what they do, so I'm going to recommend them to everyone!

Bruno Silva Retail & Wholesale Liquor Entrepreneur

My business is in compliance because of Licentia Franchise SA. At Licentia, Jean & his team always go above & beyond, prioritize receiving comments, & keep my business informed of any necessary modifications. They are the greatest at what they do because, above all else, of their prefessionalism.

By this token, I endorse Licentia for all of your business license requirements.

Philip Heyns Rustique Boutique Hotel

The best consulting company I have ever worked with is Licentia Franchise SA. Licentia continuously provides superior legal knowledge, ensuring that my enterprises are always compliant. Licentia always makes sure that we are kept up to date with any new regulations toward keeping our business compliant.

Because of Licentia professionalism I hereby suggest them to everyone!

Willie Ferreira Na Die Oes

I would suggest Licentia Franchise SA if you need any company licenses. Licentia always makes sure that my business complies with all legal obligations. Licentia is a company that values feedback. They consistently go above & beyond since they are experts in their field.

In order to handle your business licensing, I recommend Licentia Franchise SA as reliable business license consultants.

Caron Gail Koekemoer Gails Venue

LICENTIA FRANCHISE SA, PROFESSIONAL CONSULTANTS ARE
WAITING TO ASSIST AND GUIDE YOU………

Our Process

This is our process to get your business licenced

Consultation

Licentia provides professional Business License Services, and we use the term “Consultants” and “Advisors” interchangeably in the Business Licensing Industry.

For us, advisory leads to implementation, for our key feature is the success in years of knowledge and expertise concerning Legal-Licensing of Business, thereby classifying Licentia as the only broad-based licensing business of its kind in South Africa.

Legal Information
Licentia Franchise SA (Pty) Ltd, registered, Employees, Franchisees, Agents, and Consultants offer Legal Information, a statement of what the law determines, without any application to your particular situation or requirements, leaving it up to you to decide how to proceed. Legal information is typically general and devoid of any application to a specific problem. Always contact your legal adviser for specific and detailed legal advice. Errors and omissions excepted (E&OE)

Strategize

If you’re planning to start a business, and or have an existing business you’ll probably need a business license to operate within the scope of the Law. If your business needs a license to operate, you may not start trading until a license has been issued. Trading without a valid license is a punishable offense.

Finding time to apply for a business license is at most a difficult task, for Business owners and managers are often wearing many hats. Researching what permits and licenses are required for your business is likely one of many items on your to-do list. So often, just finding the time to figure out what you need is incredibly challenging, especially with government departments.

It is important to remember that obtaining business licenses can take several weeks or even months, so be sure to leave ample time for the application and review process. As another alternative, you can mandate Licentia Franchise SA to do the Application on your behalf and cut out all the red tape and endless research and filing process for you.

“WE ARE THE UNDISPUTED LEADERS IN OUR FIELD”

Take Action

Obtaining a Business License and or Operational License including relevant documentation and the management thereof is a daunting task for Existing or Upcoming Business owners in South Africa.

As an established Business Licensing and Operational Licensing firm, we have the processes and experience to;

Consult with you regarding:
- Location of the Business
- Commercial or Industrial purposes
- Identifying the type of License by your Business Industry
- Government Regulations
- Municipality Bylaws
- Fire and Safety Regulations
- Trade and Health Regulations
- Business License Bylaws identifying additional requirements and conditions

Preliminary Applications
- Gather all relevant documentation and data into a single portfolio
- Ensure that the Business License application compliance function is conducted and in, line with all regulations and procedures.
- Identify triggers for new compliance actions, for the Application Inspection to be successful.
- Assess compliance risks
- Ensure that the Application and due diligence moves forward.
- All year-round Management and Training plan for compliance regarding the License