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MPUMALANGA 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.

LEGISLATION

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Mpumalanga Liquor Licencing Act (Act 5 of 2006)

Since 1 September 2014 liquor licensing in Mpumalanga is governed by Act 5 of 2006 and the regulations thereunder. The legislation differs greatly from other provincial legislation on the subject and can be described as the most progressive of all.

The Mpumalanga Economic Regulator (MER) has been charged with the responsibility to perform all functions assigned to it in terms of the Mpumalanga Economic Regulator Act, (Act No. 2 of 2017).

The MER function is to ensure the integrity of the gambling and liquor industries through efficient regulation within the Mpumalanga province of South Africa. The objectives of the regulator are to regulate the gambling and liquor industries in the province in terms of the relevant legislation, inter-alia;

 To ensure the suitability of all people wishing to participate in the gambling and liquor industries within Mpumalanga.
To ensure the effective and efficient regulation of gambling and liquor industries in terms of the relevant legislation.
To ensure that the MER operates following national, provincial, and international gambling and liquor policies and standards.
To conduct research, to advise the government on the socio-economic impact of gambling and liquor within the province.
To perform the functions of the MER in accordance with acceptable corporate governance practices.
To promote responsible gambling, liquor trade, and consumption in the Mpumalanga province through public awareness campaigns.
To promote transformation and sustainability of the gambling and liquor industries in the province, and to assure that complete and accurate levies are paid as prescribed.

TYPES OF LIQUOR LICENSES

Liqour License Applications in Mpumalanga

An application for a liquor license and application for any additional liquor license shall be made by submitting the dually completed prescribed application forms and all additional documents to the Authority.

The application for the transfer of the liquor license from the current liquor license holder to the prospective liquor license holder, who must be a person who is not ineligible to hold a liquor license under the Mpumalanga Liquor Licensing Act, must be made to the authority in the prescribed manner.

A liquor license is only granted to particular locations and businesses in a specific way. The owner of a liquor license must submit an application using the required form along with any supporting documents for any changes to the business’s location or operating procedures. A prescribed application format must be used to submit any changes to the business layout, licensed premises, or premises themselves to the authority.

A liquor license holder shall apply for annual renewal, no less than 90 days before such a liquor license expires, in the prescribed application form, after payment of the renewal fee to the liquor Authority.

Additional fees, not exceeding double the prescribed fee (Not exceeding two months from the expiration date) may be required of the applicant on late payment of the renewal fee.

A liquor license holder may, in the prescribed manner, request the Authority to cancel his or her license with effect from a specific date.

For Instance: When a liquor license business closes (For what reason may be) and shall not proceed with operations.
An issued liquor license cannot be upgraded and or changed to an alternative liquor license. The liquor license holder shall apply for a new type of license on the premises and apply for the cancelation of the current liquor license after the application has been considered and approved.

A licensed person shall not permit any other person to procure controlling interest in the business, may it be a Sole Proprietor, Close Corporation, Company, Trust, Non-Profitable Organization, adding and or removing any person from such Entity and or Business, to which the liquor license relates, unless the Authority has, on receipt of the application made by such licensed person in the prescribed manner, approved that such other person may procure the liquor license.

A person other than a natural person shall not conduct any business under a liquor license unless a natural person who is not disqualified in terms of this act, to be a licensed person is appointed by the person in the prescribed manner to manage and be responsible for the business to which such liquor license relates, and each individual appointed shall be issued a management certificate by the Authority.

Types of Liquor Licenses Mpumalanga

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