The Minister of Community Safety, Albert Fritz, has called on the Western Cape Liquor Authority to work in a consultative manner with liquor traders to ensure that every step is taken in the fight against COVID-19. Where necessary, educational programmes should be put in place.
Between 23 March and 12 June 2020, the Western Cape Liquor Authority (WCLA) conducted 75 investigations into contraventions of the National Disaster Regulations, where liquor traders sold or transported alcohol unlawfully during the lockdown.
Of the 75 investigations:
- 4 remain under investigation;
- 8 have been referred to SAPS;
- 11 reports are being drafted for referral to the Liquor Licensing Tribunal (LLT); and
- 33 licenses have been suspended.
Minister Fritz said, “It is necessary that the WCLA continues to work closely with liquor vendors to ensure the safety of communities and that we continue in our collective efforts to flatten the curve. I commend those traders who have implemented measures such as demarcating lines and using thermometers outside their stores.”
Minister Fritz continued, “The licenses were suspended in terms of section 71 of the Western Cape Liquor Act (the Act) which means that the WCLA may suspend a license on an interim and urgent basis where there is an imminent threat to the health, wellbeing or safety of the public. Moving forward, those liquor license holders who remain non-compliant in terms of section 20 of the Act will be investigated and may eligible for a fine of up to R115 000 or have their license revoked.”
Of the 33 licences that were suspended, 22 section 71(4) return hearings took place of which:
- 14 suspensions were extended pending section 20 proceedings; and
- 8 suspensions were lifted for further investigation.
Minister Fritz said, “In total, 36 Section 71(1) applications for interim suspension orders were brought before the LLT. Three applications were dismissed which meant that in 33 cases an interim suspension order was granted. In 14 matters the interim suspension order was extended. In 5 matters the interim suspensions were lifted after consideration of further presentations made in terms of section 71(5). These matters will be further investigated to determine whether actions in terms of Section 20 will follow.”
Minister Fritz continued, “Going forward, the WCLA will conclude its section 71 processes for licenses suspended on an interim basis. Where there is evidence that an imminent threat is still in existence, the LLT will consider extending the interim suspension. Where there is no evidence, the interim suspension order will be discharged, and the suspension lifted. Thereafter, a further investigation will be conducted, and the matter referred to the LLT.”
Minister Fritz added, “In all new cases where an imminent threat is present, the WCLA will continue to bring section 71 applications to the LLT for consideration. I urge members of the public who are aware of the illegal sale of alcohol to immediately report such to SAPS. Any persons wanting to lodge a complaint or report a contravention by licensed liquor holder in terms of the Regulations can contact the WCLA on 021 204 9805.”
