The Land Use Rights of property play an important role in a Liquor License Application.

Ensuring that the Zoning of the proposed Liquor Business Premises allows for the retail of On and/or Off Consumption of Liquor is of utmost importance. Without the Zoning Certificate (Allowing for the Sale of Liquor) , such an application shall not be considered by the Local Town/Metropolitan Municipality and constitutes an invalid application by the Liquor Authority.

May it be for a New Liquor License Application and or for the Transfer of a Liquor License on the Sale of a Business as a Going Concern, it is advisable to start first and foremost with the Zoning Certificate to determine the scope and usage of the Property as per the Zoning Laws for Authority to consent and approve a Liquor License Application.

Zoning of a property is the regulation put in place to preserve the character of the area and in turn regulate health, safety, welfare, and morals, and limit nuisance disturbance to land users. Zoning must promote land use in the best interest of the occupants. It acts as a stabilizing factor in neighbourhoods and preserves the character of the community.

The essential purpose of Zoning is to segregate Residential, Agricultural, Commercial (business), and Industrial areas from one another.
Regulations have been put into place to protect residential areas from encroachment by fuel/petrol stations, businesses causing a nuisance, factories, liquor outlets, and other disturbances. Factors taken into consideration are traffic, the character of neighbourhoods, the fitness of the land involved and the influence on property values.

The Zoning of a property regulates, among other things the nuisance and disturbances emanating from the use of a property. That is “An unreasonable, unwarranted or illegal use of property that infringes the rights of other people.” Therefore, the quiet enjoyment of a person’s property is invaded by a person, causing a nuisance without that individual actually physically invading your property. Such a burden can affect one’s health, morals, safety, welfare, comfort or convenience.

It is therefore important to ensure that the proposed property is correctly ZONED for the Application of a Liquor License.

South Africa’s Municipality and Metropolitan plan the process of land, with the result of the Zoning of property, which allows and/or prohibits certain uses of such land. This process regulates the subdivision of land, street plans, plans for public facilities and building regulations. This planning process is for the construction of schools, roads, sewage, water and electricity supply, policing, fire protection, businesses, and others.

The local authorities of cities and towns in South Africa are responsible for the management of land-use rights in their areas of control. To this end, they implement land-use schemes, which provide the rules and regulations for the permitted use and development of properties. If you want to change or add use rights to your specific property, you must apply to the local city council for permission to do so. This is done with the help of registered town planners.

Visit the city and/or town’s district-planning office or have professional town planners review the zoning map for the town or municipal area. The town planners will be able to tell you exactly in which zoning category your property falls, and which usage and development permissions are applicable to it. You may want to develop the property or utilise it for a purpose not allowed for in the zoning scheme relevant to the area. In this instance, you need to apply for consent usage or rezoning of the property to allow such business development or activities.

The city and/or town council’s development-management division must approve the addition of the new or changed usage and development rights. You may, for instance, need to apply for permanent rezoning or only for occasional, or perhaps consent use. The town planners shall be able to assist in determining which application to submit.

– Re-Zoning Changes

Where the zoning does not allow for the development or usage of the property for what you have in mind, you must apply for zoning changes or rezoning category. This is needed when you want to make significant changes to the usage permissions for the property.

– Consent Usage – Additional to the Current Zoning

Consent usage is where the particular usage is allowed in the development-management scheme, subject to the approval of the city and/or town council. This provides you with additional usage permissions on the Zoning.

For a temporary variation of land use rights, you probably do not need the help of professional town planners. However, when it comes to rezoning applications, consent usage, or additional rights, it is best to seek professional assistance. Meetings with city-council officials, as well as site plans, impact studies, and public participation processes, must all be conducted. Town planners understand the processes and work with such applications on a daily basis.